Recording conversation at the scene of an accident

**DeadDuck** · 27th June 2009 09:50

Back in February, during the snow, someone skidded into me.

At the scene, I recorded the conversation we had on my phone. The conversation was clear, and as well as him agreeing with my course of events (I was stationary, and he hit me on my side of the road), he also admitted liability. He has since reversed his statement, and his accident report says that there was no discussion about liability. As you can tell, this is very frustrating for me as he is clearly lying!

I now have a letter after 5 months from my insurers saying that the recording is not usable as it breaches data protection laws and it breaches his privacy.

From the research I have done, as I was the other member of the conversation, I can record and use for my use.

Is this true? Can it be used as evidence? What action should I take?

Many thanks in advance

**BankFodder** · 27th June 2009 10:38

yes, there is no reason why you shouldn't use this recording. Well done on getting it.

You have to understand that his admission doesn't necessarily prove that he was in the wrong. However I'm sure that it will be very helpful to you.

I suggest that you get the recording transcribed as soon as possible . Make sure that you keep the original recording and you should accompany the transcription with a statement of truth that it is a true transcription and that you carried out the original recording.
I suggest that you send the other side a copy of the transcription with a statement of truth and tell them that you will be producing this in court as well.

Also I think you should send the insurers a very stern letter telling them that you consider that the the advice that they are trying to give you in respect of the Data Protection Act and the privacy laws is deceptive and is intended to frustrate the ends of justice and that if you hear any more of it you will make a complaint to the office of fair trading and to trading standards under CPUT icon

.

**wheelergeezer** · 27th June 2009 10:41

As far as I am aware the recording of anyone in a public place is quite legitimate, hence why TV cameras are allowed to film the villains on Road Wars and the like.

I am quite sure that a transicript of the recording would be acceptable in court, although not necessariy the tape itself.

I would make a transcript and send it to both your insurance company together with a true copy of the recording (UN-EDITED) and I would also send a copy to the third party. They may choose to change their mind after listening to it and reading the transcript.

For legal purposes anything that is not clear should be marked so like this:

Mr Smith: I thought you had gone. I didn't see the (unclear) until it was too late.

Maybe someone more knowledgeable will be better positioned to advise, this is only my opinion.

**wheelergeezer** · 27th June 2009 10:42

LOL, Bank fodder must have posted that whilst I was typing. Reasuures me too.

**BankFodder** · 27th June 2009 10:43

Incidentally, what re you doing watng for 5 months.
You should have settled this ages ago. They are playing you out

**DeadDuck** · 29th June 2009 11:10

Great, many thanks for the advice.

Power to the little people!

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