"Steven P. McNicoll" writes:
"Everett M. Greene" wrote

Procedurally, you are correct -- if the pilot says he's IMC,
ATC handles him accordingly. However, his statement isn't a
"fact" in the legal sense in that it's uncorraborated and in
the situation being discussed, another pilot is "saying" it's
VMC by his actions. Which of the two "facts" is correct?

The pilot not communicating with ATC isn't saying anything.

Actions speak louder than (as loud as) words. If the other
pilot believes it to be VMC, he doesn't have to talk to ATC
and can pass through any altitude desired to or from a VFR
altitude.