Car insurance claim going to court

[BlueBMX]

Some years ago there was an incident where a driver repeatedly slammed his breaks on infront of us. If there was any actual colision which we don't believe there was it was incredibly minor to the point that we didn't feel it. The following day the police turned up as the other driver claimed a hit and run incident. DH explained what had happened and the police officer said that he would speak to the other driver about his behaviour and it wasn't taken any further. We also informed our insurance incase they tried to claim. They attempted to claim for dammage to their vehicle, the insurance sent an assessor to look at our vehicle (obviously no dammage) and investigated the claim in the end the issurance ruled non-fault and reinstated our no claims they said that the other driver failed to provide any proof of damage to their vehicle or evidence of having it repaired.

A years or 2 later we recieved a letter from solicitors claiming personal injury for 3 people (there were only 2 in the car) which we passed on to our insurance and heard no more about until this year. We have been contacted by solicitors acting on behalf of our insurance company and have a court date for later this year. They are claiming for dammage to their vehicle, personal injury. I've seen the evidence they have put forward including a Drs report stating that the injuries are not consistant with a car accident.

Reading through the evidence they have put forward and the defense statement I can't see how they could possibly get anywhere by going to court. The fact that the are continuing is in itself making me nervous that they have some trump card we don't know about.

I am probably over thinking things. DH has some stress related mental health problems (as do I) which this isn't helping with. I am scared they will try to use this to discredit him though I keep telling myself that would be discrimination. DH also had a rather mis spent youth with some brushes with the police, including motor offenses (all spent and declared to insurance) could this be used against him? Those are the only things that I can think of.

Also the paperwork says other driver v DH if it did go against us would the insurance pay out or would it be DH?

Thanks in advance for any advise.

[fuckingbigbowloffucksoup]

Sounds like the insurance company are defending it rather than just paying out and your witness statements and evidence are there defence

Idiots have probably got accident lawyers on no win no fee who thought insurance would cave and pay out rather than take it to court

Don't stress, turn up say what happened and insurance company will pay up if judge is an idiot and believes them, but from what you have said I wouldn't worry too much

[BlueBMX]

Thank you, thats what I first thought. I had thought that once the insurance company showed they were willing to go to court a no win no fee set up would back out as they will likely now be working for free. I keep trying to reassure DH as high stress can end up with him in hospital, but now I'm starting to stress myself. I suppose theres still time for them to back out before the court date. I really hope so.

[prh47bridge]

Based on what you have written it is unlikely they will win with their own evidence saying that the injuries are not consistent with a motor accident. If they do win your insurance company will pay. That is why they are defending it and that is what you pay your premiums for.

[PossumInAPearTree]

In the unlikely event they win the case the insurance company will pay, not your dh.

But I bet they back out....quite possibly at the last minute.

This happened to me once. Other driver said they weren't involved (they were). I had an independent witness. A proper, random other motorist, not a "friend" in my car. My insurance company said we would go to court. A week before they admitted liability.

I think most people are reluctant to lie in court and these blokes would be crazy when there was no damage to their car, the police weren't interested, etc.

[BlueBMX]

Thanks guys, thats reassuring

[specialsubject]

Had this once, at fault driver lied to insurers as didn't want to tell husband she had screwed up.

Lying in court is perjury and is a criminal offence. Once they get told this, they change their story.

Try not to worry.

[LurkingHusband]

For the future, this is why dashcams are worth their weight in gold (and while you are at it, get one which films the rear too).

Amazing how many claims are abandoned when footage is submitted which shows what really happened.

(little tip: most dashcams catch audio, so reading out reg. numbers of dodgy driving helps ensure it's caught if needed).

[Nonibaloni]

Dash cam is a must for me. I recently caught an accident at a junction mine, thankfully I wasn't involved at all. I car shot through a red light and smashed into a delivery driver turning right.

They both walked away and police arrived quickly, one driver was demanded an ambulance and was creating quite a scene by the time I got there. I told the police I had it all on my dash cam, where should I submit the footage. Suddenly the driver was absolutely fine and suggested exchanging insurance info and letting police get on with their day.

Other benefit is the sound recording, hilarious to listen back to me singing to the radio and endless boring discussions about where to park.

[kittybiscuits]

Definitely recommend the dashcam - I bought one after a liar drove into me. I do worry about my singing being played to a court though!

[juju1940]

I was involved in an accident in January 2016 when another car ran into mine causing a lot of damage. I reported all the details to my insurer. Shortly afterwards I received a letter from my insurer confirming the other party had accepted full liability for the accident. Now I have just received another letter from my insurer to say that the other party has withdrawn their admission of liability and now allege that I was to blame for the accident. My insurer is also asking me if I will attend a court hearing. I am confused and worried. Can this happen after the other party has previously admitted full liability?

[prh47bridge]

Yes it can. Sometimes new evidence comes to light or people change their story. As court proceedings have not started the other party is free to withdraw their admission of liability. You don't have to attend the court hearing but your insurer may settle with the other driver if you don't.

[juju1940]

Thank you for your advice. I think it is a change of story by the other party who was a young driver who had recently passed her driving test. Probably the likely huge increase in her premiums has caused her to withdraw her previous admission of liability.
I do not like conflict, I suffer from heart failure, and if it will be upsetting I will not go to court.

[specialsubject]

Ickle sweetybumps will bottle it when she realises lying in court means prison. Please turn up , she probably won't or will change her mind at the last minute.

More upsetting to see a liar get away with it. But she wont , the rear ender is always at fault. With luck she will be off the road for the foreseeable.