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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
NotMyCat · 14/09/2021 21:38

So you were turning right from a side road to main road, car appears from left of you on the main road and drives past your left hand side and the wheel hits?

Slippy78 · 14/09/2021 21:43

@babywalker2

Because I was already pulling out of the junction before the other driver came.
Why did you pull out when it was someone else's right of way?
poppymaewrite · 14/09/2021 21:43

Solicitors might want to go to court to get money off you. If you don’t really have a defence, it’s not too late to admit fault. You’ll have to pay some costs- to cover your solicitors so far possibly, to cover the otherside’s solicitor and court costs so far etc. And then there’s the compensation amount. I think if it goes to court then insurance pay costs if you lose. I think they might be the ones to pay anyway even if you discontinue now, but I would ask both the solicitors and the insurers to confirm. If they’re paying anyway, I would stop the process.

Whattodoffs · 14/09/2021 21:43

There are a hell of a lot.of stages to go through to get to a notice of hearing being issued. Has your insurance company been keeping you updated at all?
A claim would have been made by your insurers or the other person's insurers; defences filed in answer to the claim; witness statements filed for both parties, court will then directions and part of those directions will be the final hearing/trial date.
You can settle the claim an hour before the hearing if you really want to, so don't rule that out.
You'll be represented at the hearing whether it be a solicitor or barrister, depends on what type court of the hearing is in (County Court or High Court etc). You may not even have to physically attend the cost for the hearing as a lot are still being dealt with remotely.
Try not to worry and have faith in whoever is dealing with this with for you.

BunnytheFriendlyDragon · 14/09/2021 21:43

From what you have said it sounds like the incident was your fault

babywalker2 · 14/09/2021 21:44

I'm an idiot. I can't explain this properly. Thank you for your messages. I will email the solicitor in the morning. I'm going now.

OP posts:
SweetBabyCheeses99 · 14/09/2021 21:44

You are at fault OP. Pulling out of a junction like this is not a case of whoever is there first has right of way. The cars on the main road have right of way over the cars on the side road. You shouldn’t have half pulled out if you weren’t able to complete your manoeuvre and the car on the main road had every right to go round you. You could end the court case and all the stress you are causing yourself and the other driver by admitting liability. And perhaps taking some driving/theory lessons.

Whattodoffs · 14/09/2021 21:45

*attend the court that should be

crankyhousewife · 14/09/2021 21:49

I had to go to court. The other driver was at fault and hit my car which was stationary yet the judge found in the other drivers favour despite him lying and changing his story. I left court and that was the end of it, never heard anything again.

It was daunting but wasn't worth the stress.

babywalker2 · 14/09/2021 22:59

Attempting to make it clearer. I was already about a foot over the give way sign waitin to turn when I turned right and the othe driver indicated around me. I was flashed by the opposite side to go.

OP posts:
ShrimpBarbarian · 14/09/2021 23:04

You're fucked if you relied on someone flashing

babywalker2 · 14/09/2021 23:19

I didn't see the other car. They were driving too fast

OP posts:
steff13 · 14/09/2021 23:32

How fast was the car going that you couldn't see it? That's like Superman fast. But it sounds like based on what you've said that you were most likely at fault.

babywalker2 · 15/09/2021 14:26

I've spoken to the solicitor. I did bury my head in the sand. I let my DH handle it. He lied and said the other car hit me but they sent me pictures which show the damage and I remember hitting the front left side.

OP posts:
Flowers500 · 15/09/2021 17:39

Wait you let lies be submitted on your behalf, and now you’re planning on going in and lying to the court????

Rainbowshine · 15/09/2021 17:44

How did you hit the left side of the car if you were turning right? Is this in the UK?

Theworldisquiethere · 15/09/2021 17:57

@Rainbowshine

How did you hit the left side of the car if you were turning right? Is this in the UK?
From what I can figure out she was pulled out part way into the road already waiting to turn off (not a good start OP!), so the person coming from her right had to move around her, she then drove into the side of them as they were driving round her
babywalker2 · 15/09/2021 17:58

I'm waiting for the solicitor to get back to me. Problems at home with DH, things aren't good. No excuse.

Yes uk.

OP posts:
icedcoffees · 15/09/2021 18:06

You could be in big trouble if you lied to your insurance company.

You need to explain what actually happened before it goes to court.

Briarshollow · 15/09/2021 18:09

This all sounds like a massive fucking avoidable mess. Don’t bury your head in the sand, don’t allow your stupid husband to lie on your behalf, it’s really time to pull yourself together, speak to the insurers and solicitors and find out what the fuck is going on. Dear me. Hmm

girlmom21 · 15/09/2021 18:09

Tell your insurance company you're willing to accept liability as it was clearly your fault and they'll advise if there's anything they can do to stop court proceedings.

Rainbowshine · 15/09/2021 18:19

@babywalker2 if you have lied to the insurance (or DH did) and that comes out in the course of things you may well find it difficult to get insurance in the future. I can’t condone lying but I would suggest you explain to the solicitor that DH misunderstood your explanation of events so you need to clarify what the insurance company thinks happened. Insurance companies will not be concerned about the state of your marriage, only that you (or DH acting as your agent) provided an inaccurate description of the collision. Sorry to say but I think you should have handled the claim yourself, it’s not difficult to call them and they go through a set of questions. Why did you get DH to do the claim?

babywalker2 · 15/09/2021 20:41

this is how DH worded it:
traffic was clear to my right, so i pulled out and stopped positioning my car to turn right. A vehicle to my left stopped to allow me to complete my turn and as I proceeded to take the turn vehicle from my right attempted to overtake my car and collided with me.

But of course. The pictures say otherwise. It's like picking over an old wound now.

OP posts:
gobbynorthernbird · 15/09/2021 20:44

You don't stand a chance. Speed (unless provable and very excessive) is rarely classed as negligence. You need to speak to your insurer about accepting liability.

babywalker2 · 15/09/2021 20:49

I'm waiting for the solicitor to get back to me

OP posts: