Car crash, and court

[InvisibleToEveryone]

Just curious what happens etc.

Had a car accident nearly 2 years ago, completely not my fault, was rear ended by a larger company vehicle.

Anyway been through all the insurance company/solicitors/drs/shrinks hoops.
Other company don't want to pay out?? Or something??

Anyway it's now at the point of going to court, I'm not required to attend.

So I'm curious what happens really and can the other side change their mind beforehand or what really!?!

Thanks

What exactly are you asking? Have your solicitors filed a claim already? Or are you still in the preaction stage? The changing minds. If the parties can come to an agreement at any point before the hearing then the case can be settled and the hearing avoided.

Basically what happens when it goes to court.

The other side won't agree to a settlement figure, it's been back and forth for months, now heading to court.

How likely is it that they'll finally just come to an agreement to avoid court ? Can that happen?

Does court mean a higher payout or no?

I've literally no idea, never done this before, I've pretty much left it all in the hands of my solicitor.

So has liability ever been an issue? Surely if not it would be in their favour to settle prior to court to avoid costly court fees?

It depends exactly on how your claim has been submitted and handled. Most RTA claims under £25k damages are dealt with using a streamlined process. If that's the case and insurers admitted liability early etc you will have submitted a "settlement pack" containing your offer. The insurance company can then respond and back and forth you go with counter offers.

If still no agreement then a "court pack" is issued and there is then the "stage 3" hearing before a judge.

I'm assuming this is where you're at as you mention not attending. If it was a non-portal (the streamlined process) case then it would be extremely unusual not to have to attend.

At a stage 3 hearing judge basically considers the evidence (medical reports, your financial stuff etc) and makes an award.

If you do better than insurer's last offer all is well. If you don't beat their last offer you would have some costs deducted (the reasoning being that you had been unreasonable not to accept that offer).

Does that help?

If any doubt your lawyer should be able to clarify for you.

That's great thank you.

Never any doubt as to liability, he hit me in the rear at traffic lights.

So have the other side made offers which you have declined? Do you have good enough reasons to decline them?

Going to court does definitely not=higher award and, as pointed out, may be lower than any previous offers that have been declined.

And even though it may seem that liability is a no brained, have they actually admitted liability?

Your solicitor would have prepared a schedule of loss to which they would have responded with what award they feel is appropriate. Do you know if that's taken place??

Is your court hearing soon @InvisibleToEveryone?

A family member had something similar a while back however they were asked to attend court and so was the witnesses. I remember his legal rep was meeting all deadlines and trying to work with the other side but they were missing all deadlines and just not responding. Which is probably why it had to end in court after a few years. No one, even his solicitor could ever understand why it wasn't being concluded. I don't remember court actually taking place in the end as it was settled last minute.
Do you know if any others or counter offers have been made yet? Have you declined any offers?

I had an accident go to court years ago. The other insurers were disputing the blame. They offered a 50/50 settlement 2 days before court.
I was given 2 matchbox cars to describe what happened.
Other driver did the same.
Court found in my favour
Had the money settled in days.

Court date is in November!
2.5 years after the accident.

There has been discussions, but the other side have said an amount my solicitor deemed too low and I don't believe they want to go any higher and have not been forthcoming with moving forward, hence court instructions.

November - really!!

I think when mine went to court it was 6-8 weeks after deciding to go to court.

There was 6 months from deciding to go to court until the court date in my family members case. But they made no offers in that time. It seems there have been discussions on your side.
Your solicitor will he acting in your best interests. If they feel it is too low you will have to trust them. But have you asked what will happen if the judge feels lower and then you get penalties for not accepting the higher when you have acted on their advice?