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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Notice of hearing

79 replies

babywalker2 · 14/09/2021 20:13

Posting here for traffic. NC for obvious reasons.
I pulled out of a junction to turn right onto a main road. I bumped into a front wheel of a car that proceeded to go around me as I made my manouver.
They've escalated it to the point where now I have a notice of hearing from the court. Is there anyway this can be stopped? I don't have the courage to defend myself and wish it hadn't got to this point.

OP posts:

LadyMacbethWasMisunderstood · 14/09/2021 20:36

You must have ignored a lot of attempts to communicate with you for it to have got to this stage.

What have your insurers said about it? They would usually take the lead in defending or settling a civil claim.

Or is this a criminal matter?

You have not really given enough details to get a clear picture of what is going on.

The only way a civil claim can be stopped is if it is settled out of court or the claimant withdraws. Unlikely the claimant would withdraw on the basis of what you have said.

The only way a criminal case can be stopped is if the CPS discontinues proceedings or offers no evidence or if the defendant pleads guilty (which ends it rather than stops it really).

Please don’t put your head in the sand.

If the hearing is very soon and you need longer to prepare you could try writing to the Court asking for a short adjournment. This won’t stop things. But might give you a bit of time. You would need to explain what you need the extra time for though and reassure the Court you are now engaging.

Original poster

babywalker2 · 14/09/2021 20:46

Will my insurers offer to settle out of court? Can that still happen?
It's not criminal as far as I understand.

OP posts:

HappyAsASandboy · 14/09/2021 20:54

What is being escalated to court? A compensation claim? The question of liability? Or something else?

Original poster

babywalker2 · 14/09/2021 20:58

Because the other driver won't admit fault and neither will I.

OP posts:

gobbynorthernbird · 14/09/2021 21:02

Where was the other car coming from?

Have you spoken to the solicitors representing you/your insurer?

Original poster

babywalker2 · 14/09/2021 21:03

They were on the left handside on the main road. I was pulling out from the junction to go right.

OP posts:

Original poster

babywalker2 · 14/09/2021 21:04

I don't understand the solicitors very well but they assured me to just go with it.

OP posts:

RedHelenB · 14/09/2021 21:05

Was the other car on the main road and you on a side road?

gobbynorthernbird · 14/09/2021 21:06

To try put your mind at ease, you will be represented by counsel on the day. They will know what they're doing. And, if worst comes to worst, the District Judge will find you liable and your insurance company will pay up. It won't cost you anything except you won't be able to claim your excess back (if you've paid it), you'll lose your no claims if not protected, and your premiums will probably increase.

Original poster

babywalker2 · 14/09/2021 21:06

Yes

OP posts:

SimplySteveRedux · 14/09/2021 21:07

We really need a diagram.

gobbynorthernbird · 14/09/2021 21:07

Was the other driver on the main road already, coming from your left?

gobbynorthernbird · 14/09/2021 21:08

@SimplySteveRedux

We really need a diagram.

Don't we just!

Cocopogo · 14/09/2021 21:10

How is it not your fault? You pulled out on a car?

endofthelinefinally · 14/09/2021 21:11

Surely your insurers should be dealing with it?

gobbynorthernbird · 14/09/2021 21:13

@endofthelinefinally

Surely your insurers should be dealing with it?

Sounds like the insurer is dealing with it.

Flowers500 · 14/09/2021 21:14

Isn’t this for your insurers to deal with, jt sounds like you have been refusing to engage with the process?

Justforphoto · 14/09/2021 21:18

Why do you believe the other driver was at fault?

Original poster

babywalker2 · 14/09/2021 21:19

Because I was already pulling out of the junction before the other driver came.

OP posts:

namechange30455 · 14/09/2021 21:20

I also don't understand how you can not be at fault here based on your description?

namechange30455 · 14/09/2021 21:21

Came from where? How fast were they going if if they appeared in the time you were pulling out?!

2gorgeousboys · 14/09/2021 21:28

I had similar several years ago. An accident in which I said the van driver that hit me was at fault and he said I got him. My insurance company, thankfully, fought the claim and we went to court. My insurance company appointed a barrister that represented me in court was really supportive and although it was very stressful giving evidence , the judge was kind. Thankfully the judge found in my favour and the other party had to pay the costs and their insurance paid out for my car damage.

LadyMacbethWasMisunderstood · 14/09/2021 21:28

It sounds as though your insurers are dealing with it then. It’s hard to see from what you say that you aren’t at fault. But if you think you weren’t, and your insurers are happy to run it, then you just need to turn up on the day and give your account. It will almost certainly be a small claims court - and nothing too intimidating/formal.

Cameleongirl · 14/09/2021 21:34

So you were already making the right turn when this car suddenly appeared? Do you think he was speeding, hence you couldn’t see him earlier?

ShrimpBarbarian · 14/09/2021 21:35

You were turning right, across their path? How is it their fault?

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