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

Oh OP, we have the same impending court case this year. They are disputing the accident and car hire charges. I'm dreading it. I've no idea which court it may be or when.

Nobody enjoys court... Just go. Take a friend...

I agree that in general, if you are being asked to attend in person, and a solicitor who is working for you (not for your insurer or for the defendant) has said it's best for you to go, then you should move heaven and earth to attend.

Whose solicitor?? The one that is acting for your insurance company? Or one that you personally instructed?

If you don't go doesn't the 'other side' win by default? Go.

Get your car out of the garage, drive, take your kid with you.
30 miles each way is less than half an hour drive. Not exactly far.
Show your face as that's what you were advised.

You need to go. Take your DC with you. It isn’t ideal but just explain the situation to the usher or court clerk and it’ll be okay.
FWIW Your solicitor seems to be a bit of a lame duck. They could have dealt with the hearing list issue if they’d been on the ball.
Who is paying them? I assume that they won’t go with you to the hearing as it’s small claims? Or are you paying them for that too?
Why are you trying to recover hire charges if it was a no fault collision (I assume you mean that both parties were equally to blame?)
You do need proper legal advice and better than the advice you’ve had so far. See if there’s a duty solicitor at court or someone who can step in for you.

If you’ve been ordered to attend then I’m afraid you need to put everything aside and find a way to be there. If you don’t you could find yourself in more trouble and potentially ordered to pay solicitors and court fees. These will not be cheap!
It sounds as though you won’t be there for very long at all, and then it’ll all be over and you can move on. Best to get the inconvenience out the way and then it’s over and done with

It’s the solicitor who works with my insurer

also they’ve said I can’t bring my child. She is 2

Just go.
Even if it costs £150 in fares and childcare it's better than a potential £12k claim.

car is off road and can’t be used. It will be 2 x trains and a bus there but I just don’t have money for that travel

Theyve changed the court it is at also. The other court is only ten min away, this is one hour away

Was this the cheapest car that was adequate for your needs? You are obliged to keep your losses to a minimum. If this car was more expensive than you needed, it is not surprising that the other driver’s insurers are disputing the cost.

It sounds like it’s just about the insurance companies, not you personally, however you need to attend, or your solicitor needs to sort something out.
FWIW, very long story short - insurance companies are a law unto themselves. Many years ago, a family member was involved in a non bump, it went to court, cctv and medical evidence to prove ‘injured party’ was blatantly lying, judge threw the case out - insurance company however, still paid the ‘injured party’ £12,000 as this was easier and cheaper than going to court for compensation as that’s what the ‘injured party’ was going to do, despite being laughed out by a judge for the actual non bump. Absolutely shocking.

I agree, if you don't attend they will find in the other sides favour and you will be liable for their legal costs
Have you got a friend or family member who would come with you/ drive you there and look after your DD for a few minutes?
Even a neighbour might have her for a couple of hours, I know I would

OP, having been the "victim" of one of these claims I would advise that you attend.

The "Legal Company" you were put in touch with sounds like a Claims Managment Company, somewhere in the small print on your hire agreement it will have stated that YOU are ultimately liable for the cost of the hire car, if your insurance company is unable to recover the cost from the third party.

They are partially right about you not being liable for the hire cost at THIS hearing. But if the third party won't pay up, then it's highly likely that Claims Managnent Company will go after you for payment.

I didn't understand this process when I accepted a five week hire of a big Mercedes 4x4, months after the claim was settled (I was rear ended so not my fault) I received a bill from the Claim Managment Company for almost 7.5K!

I had to get my solicitor involved before they dropped it.

Be careful OP, this could come back to bite you.

I had a car accident in November where someone drove in to the back on me. It was his fault.

My insurance is with Admiral and I called them that night.

All the were interested in was getting me in a hire car. The pressure was immense. At first I said OK that's great but by the time a week had gone by and the garage had a slot for my actual car to be fixed I had taken probably ten calls about the hire car situation and it was all getting too much! Did I want the hire car early so I could get used to it. Did I want a massive car in case I was transporting anything. Did I want a very powerful car because they are safer.

So then I called admiral and said I didn't want the hire car after all and they ramped up the pressure ten fold. I had to block their number in the end.

The hire car pressure was far worse than the actual accident.

Google emergency childcare and get it sorted not going will cost so much more. Not one poster has said do not attend, all have said it will be much worse if you don't go.

Depends. If it's a summons you can be found in contempt if you don't attend.

It's worth contacting the court to see if you can attend via Teams

Just to reassure you, it won't be a giant courtroom filled with dozens of people, like in TV dramas. Small claims is pretty low key. Often its more like a slightly fancy meeting room, and relatively informal. There won't be many people there and they'll expect you to be a bit nervous.

I'm not saying it's not scary, but it's honestly the least intimidating form of court out there by a long way. It's almost certainly not as terrifying as the picture you've built up in your head.

But yes, you really do need to go.

Agree you need to go. The court is unlikely to care how difficult it was to get there - if they have deemed it necessary that you attend then you are expected to be there. Dont waste time, just organise a way to get there. Not doing so would be a far bigger ball ache!

I am sorry you are in this situation, I have read a few threads on here about car hire, insurance and no fault accidents. It all sounds like a money making racket designed to extort money from insurance companies at rates far above what might be reasonable. Call the solicitor, say that in order to defend this case, they need to you to attend so that the insurance company / claims management company does not end up with the bill of the car hire and that a taxi each way for you to attend, paid for by them, is the only way that you can attend. Also ask that they send someone from their office to take care of your child while you give evidence - or that they find an emergency nanny to do this.

(do you have anyone you could ask to look after your daughter? if you were my friend and I could help, I would..)

Please don't worry!

Your insurance can deal with this if they want to. I have recent experience of attending court for a traffic accident claim. Your witness statement can be read out by the barrister who is representing your insurance company, the barrister can also send your apologies for non attendance due to lack of childcare at short notice. This is why we pay insurance. If the judge in charge is that bothered they can call you. Trust me, they won't be.

You go with someone who can hold the kid for the short duration you're in court and then go for lunch or a wander around at the local attractions to make it worth your while going all that way and turning it into a pleasurable experience.

You’re the client. Just take your DC with you. It’s a small claims court not the Old Bailey. Just be courteous and explain the situation to the Usher (the person with the clipboard and list of cases)before you go into the appointment.
I know there are rules about under 16s not being able to go into hearings, but she’s a toddler and there’s no risk she’ll be revealing any confidential information!

I get that you’re nervous and upset but the court staff are usually very pleasant and used to dealing with people who don’t have any idea of the process. Please ask them for help.
Finally tell your solicitor that they or the car hire company needs to pay for a taxi to and from court. Most firms have an account so it shouldn’t be a problem for them to pay upfront

How fast are you diving, OP doesn't want a speeding ticket as well.