What will happen if I don’t attend?

[Happy988]

I was in a car accident almost 2 years ago. My insurance put it down as no fault and then I was paid out the value of my car. As my car was written off my insurance put me in touch with legal company who offered a private hire vehicle till I was paid out

Third party are disputing the hire car costs. For months now I have been sending the solicitors evidence, forms, etc.

They want me to attend court and give evidence. I have anxiety and don’t do well with crowds, new people and speaking to a group. I’m a single parent and have no childcare to get there . Really panicking about this. The solicitors asked the court if the hearing could be made online but they have only just made the decision this morning that I need to attend in person. They said my medical evidence of anxiety isn’t enough to warrant it being made online.

The court they want me to attend is a 60 mile round trip from where I live. I have a no vehicle currently as it’s in for repair, I have no funds for taxis for a journey that long, no childcare available. I just don’t know what to do. what happens if I don’t attend? Will I be liable for the costs? I feel as though im going to have some kind of panic attack about this

Also, they have said I only need to attend and give evidence then I can leave straight away. So this is a 60 mile round trip for essentially Ten minutes there

If the court have ruled you need to be there, then you'd potentially put yourself in a sticky situation if you ignored that and didn't go.

Question - when agreeing to the hire car, did you sign something agreeing to co operate if the other side disputed the costs? This is quite common in the documentation you are sent - it may mean that you have to attend or they'll bill you for the hire car if they lose the case.

You need to ask your solicitor these questions, as they will know more than anyone here could possibly know.

@Deathbyfluffy They have said I won’t be liable for any costs, if I co operate fully. Which I have been doing but it’s taken the court 3 months to decide that it has to be in person. 24 hours before the hearing. I’ve only just been made aware of the fact it’s in a different court which is 60 miles away

If you don't attend the court can find you guilty of contempt of court.

Maximum sentence is three months in jail.

If I were you I'd get there.

@Octavia64 even in a small claims court?

I would go- the other side are counting on you seeing it as a ball ache and not going so it will be found in their favour. Depending on the age of the kids I’d take them as well.

Even my solicitor said she doesn’t understand why it’s still going ahead, evidence from the other side is weak and all wrong, wrong dates and times of the accident given out and signed by someone who wasn’t even present at the accident (boss of the employee who cut me up, the employee no longer even works at the company).

My daughter is 2 and I’ve been told I can’t bring her so I just don’t know what to do

How much was the car hire cost?

Maybe they are hoping you won't go as they can then use it against you

@Peekaboobo about 12K. Ridiculous I know. I feel as though I’ve been ‘scammed’ in a way.

£12k to hire a car? What car was it and how long did you have it for?

But apparently I’m only there to assist and that I’m not liable to pay any costs. But that might not be the case if I don’t attend

@Peekaboobo some new SUV type of car. Can’t remember how long exactly. I kept trying to return it early but they said until I’m paid out I can keep it

What kind of court case is this? It seems like its a small claims court hearing, where you are a witness? Are the two insurance companies the claimant and the defendant?

You need proper legal advice.

Google isn't proper legal advice, neither is mumsnet.

You need to go to court otherwise i think the court will find in the other partys favour and you will be liable.

@fedupandstuckit’s small claims. ive been named as claimant. And the defendant is the company whose van it was who cut me up . The employee of this company who was driving no longer works there. They have given false statements on their evidence to the court

I just don’t understand how it’s ongoing. My insurance deemed it no fault, I was paid out, they closed the claim. They recovered all their costs from the third party but the third party refused to pay for the hire car costs

You need proper legal advice.

Google isn't proper legal advice, neither is mumsnet.

You need to go to court otherwise i think the court will find in the other partys favour and you will be liable.

At best you will unfortunately be looking at those 12k costs if you don't go. They have asked for you to present in person, not going is an automatic ruling in their favour.
They are brazen and will use this ruling against you if you don't attend as it opens the door way to claiming you are trying to defraud them which is much more serious and will be even worse for your anxiety.
A pain in the arse 60 miles for 10 minutes is much better than potential criminal charges hanging over you. Lots of people push the envelope of what the law covers in order to get their own way. These people are one of them.

If you don't attend a small claims court hearing then you run the risk of judgement being awarded against you and having to pay costs. It could be very very expensive.

In addition, it is a court. So that courts can get evidence and make fair judgements they have the power to imprison people for contempt of court. This can apply if you are summonsed as a witness and don't turn up.

This is very unlikely in the small claims court.

However, judges like police officers fall into the category of they say jump you say how high. Don't piss them off it isn't worth it.

If you turn up and are visibly anxious they will have some sympathy.

You really need to speak with a competent solicitor. You must surely have agreed to pursue this claim against the driver's company, in order for you to be the actual claimant and not just a witness for either insurance company?

From what you've said, you're not liable for the costs if you co operate (which includes going to court if asked) but if you don't, then they'll likely lump the unpaid bill on you.

You need to focus less on why you can't go and more on how you can make it happen - this really isn't something you want them chasing you for.
You agreed to co operate, and you need to do that.

@fedupandstuck this is what I don’t understand. I didn’t ask to pursue it. The solicitors just wanted loads of information from me and said they just needed my assistance in the matter as the third party were disputing it and the solicitors wanted their costs back