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

That's not proof, that's a statement. The other plane was
"saying" it's VMC.

A pilot's report of his flight conditions is taken as fact.

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?