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Original poster

Going to court after car accident

32 replies

giftswap2021 · 14/09/2022 17:55

I have been in dispute with another driver after they drove into me, minor bump, and they have suggested going to court to get it sorted. There is no CCTV footage unfortunately, and they have a witness (their wife was in the passenger seat)

Can anyone tell me what going to court would entail, please? Thank you.

OP posts:
DelphiniumBlue · 14/09/2022 18:03

Refer it to your insurers, and don't have any further communication with the other driver.

Youcancallmeirrelevant · 14/09/2022 18:16

Surely you are going through insurance companies? They will look at it and may end up as 50/50 fault if can't be proven by damage

ivykaty44 · 14/09/2022 18:16

As above

QuebecBagnet · 14/09/2022 18:19

Is your insurance involved? Only talk to them, not the other driver.

Original poster
giftswap2021 · 14/09/2022 19:16

Yes, sorry I should have said. This is through the insurers, I am saying I'm not at fault and they are saying I am, so the only way it can be sorted is through court. So it's the insurers that are suggesting it

OP posts:
Surtsey · 14/09/2022 19:18

Which part of your car did they hit?

SheWoreYellow · 14/09/2022 19:19

That sounds like they are trying to intimidate you.

SheWoreYellow · 14/09/2022 19:19

Oh I see.

Original poster
giftswap2021 · 14/09/2022 19:22

They drove into my drivers door. We were both going right at a junction, two lanes going round to the right. I was in the left hand lane and they were in the right. Suddenly they came into my drivers door, it almost seemed like they were going straight on and I was going right.

OP posts:
rurbane · 14/09/2022 19:34

I had a similar experience. Their insurance company backed down 2 days before the court date. It wasn't an easy wait, and perhaps a bit of a risk, but the feeling of being falsely accused made me determined to see it through.

Original poster
giftswap2021 · 14/09/2022 19:42

Omg that's exactly like me, it's the falsely accused is winding me up. It's more the principle of the thing that I want it sorted.

Plus the fact it happened in 2018, and it's taken till now😡😡 and they said they were going to go through their insurance and then they never did, I was the only one who went to my insurance first. It's been so hard to get them to respond, it's beyond ridiculous. Surely if they truly thought it I was at fault they should have gone to their insurance straight away🤔🤔

OP posts:
Original poster
giftswap2021 · 14/09/2022 19:42

I just want to know basically what I would experience in court so I know what I'll be facing. But yea if they backed out beforehand that would be ideal!🤞🏻🤞🏻

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ohCARP · 14/09/2022 19:48

This is what they do unfortunately.

The insurance companies drag it out hoping the other side gives in. My car was written off by a van that hit me head on but they tried to claim it was my fault even though they were on my side of the road. They had their gf with them, I was alone. I took photos but they weren't deemed good enough for evidence.

They said it would go to court. I said ok. It never did (or if it did, I never went) and I got £5k personal injury pay out and £1600 towards a new car. I did also end up with 30% liability which was ANNOYING. It took about 4 years for my case too so don't give up it's all part of the game. Good luck!

ohCARP · 14/09/2022 19:49

Also if you get a personal injury offer, reject it. I did and my solicitor got my double the original offer.

eveoha · 14/09/2022 19:49

I’m in the same boat absolutely incensed re false accusations ☹️ Except in my case other driver drive away and didn’t report incident ( I have witnesses) - Should you go to court keep calm - v intimidating places and I hope all goes in your favour

Original poster
giftswap2021 · 14/09/2022 19:50

Thank you this is very helpful

OP posts:
Retrievemysanity · 14/09/2022 19:57

Try not to worry. I had an incident where a guy drove into me on a roundabout (I was on it and he then joined and hit me). Everything i read on the internet talked about roundabouts being notoriously difficult to prove liability and it’s usually 50/50 etc but I stood my ground because I was sure he was at fault.

We went through the insurers and he said he wanted to go to court so we both had to write witness statements. His was full of weird things he just invented like how I must’ve been late for work as I was going too fast! Anyway we had a court date set and then the other side settled.

Dinosauratemydaffodils · 14/09/2022 20:22

I have been a witness in court for something similar. We live in Scotland though so might be slightly different. We met with the lawyer first who roughly went over what she was going to ask and then we had to wait by ourselves until it was our turn to go into court. An official came and got me, had to swear on the bible and confirm basic ID details to the sheriff. The opposing side was representing herself (don't do that) so both she and the lawyer representing dh's friend asked questions/went through my recollection of the event. It was fine. I wouldn't worry about his wife being there, in our case at least the Sheriff considered bias (there were 3 in our vehicle and one in the car that hit it) and he found in dh's friend's favour based on evidence.

Original poster
giftswap2021 · 14/09/2022 20:31

Thank you, that's so helpful, I'm in Scotland too, so that's exactly what I was hoping for.

Do you think I'll be allowed to take my baby in with me, approx 4 month old?

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InTheShiteGarden85 · 14/09/2022 20:38

I had to go to Court for a car accident some years ago. The other person claimed I was at fault but I said it was him and so he took it to Court. I was given a barrister by my insurance/solicitors but I had to give evidence in the County Court. I had a witness who was my partner who also gave evidence, and the other person gave evidence too along with his two witnesses. All parties got cross examined as well. I won the case, but it seemed a ridiculous waste of time, money, and effort on everyone's part over a few hundred quid to fix a car. It was a formal Court hearing but not super intense. Very daunting though!

BlueRidge · 14/09/2022 21:03

Surely his wife can't be counted as an independent witness?
I wonder why he wouldn't go through insurance? Did he have any, I wonder? Might explain why he's so keen for you to pay out. Although if it goes to court, surely he would be found out?

Bottomofthepileasusual · 14/09/2022 21:47

In Scotland passengers are used as witnesses.
You will be cross examined by the opposition barrister.

If you're adamant you're not at fault just go for it. If you're unsure get your insurers to offer 50/50.

Personally I wouldn't be arsed. You're premium will be affected now anyway so why put yourself through it.
I say for me to say though as I work in insurance.

It will come guan to who the judge prefers on the day and some judges are a low unto themselves

TheFlis12345 · 14/09/2022 21:54

rurbane · 14/09/2022 19:34

I had a similar experience. Their insurance company backed down 2 days before the court date. It wasn't an easy wait, and perhaps a bit of a risk, but the feeling of being falsely accused made me determined to see it through.

Exactly the same here! A woman drove (her very new car) into me while on her mobile talking to her husband (years ago when it wasn’t actually illegal but frowned upon) . After her husband trying to intimidate me on the phone failed they insisted on going to court because I wouldn’t go 50:50, but their insurance company backed down 2 days before.

Decemberly · 14/09/2022 22:16

I’m a solicitor in Northern Ireland with a personal injury background. There will be procedural differences compared with Scotland but generally speaking:

▪️If the parties/their insurance companies can’t agree on liability, solicitors are instructed (if you are defending your insurer will appoint a solicitor on your behalf)
▪️Letter of claim sent, and parties set out their respective cases through documents called pleadings
▪️When pleadings are closed (cases fully set out and all documents shared etc), you will be allocated a court date for the case to be heard.
▪️You'll meet your solicitor and any barrister instructed on the morning of the hearing to consult and go over your case, and there are usually some negotiations and final attempts to reach agreement/settlement before the case runs.
▪️Plaintiff/pursuer’s case is first - they’ll be sworn in and be taken through their version of events by their legal rep (‘examination-in-chief’), then cross-examined by the defendant’s legal rep and possibly re-examined by their own legal rep to clarify any matters that have come up in cross-examination.
▪️Same process for any plaintiff/pursuer witnesses.
▪️Same process again for the defendant and any defence witnesses.
▪️Legal reps sum up their cases for the judge
▪️Judge gives verdict and awards damages and costs.

In civil litigation the burden of proof lies with the claimant to prove his case and is on ‘the balance of probabilities’ - ie his version is more likely than not.

You will not be able to take your baby with you, there can be a lot of waiting around on the morning of hearing and things do not run to a strict timetable or running order, and you will need to be in court for the entirety of the hearing and in the witness box to give evidence.

If you are confident in your case and your insurer and solicitor have no misgivings about running it, then go for it and good luck!

Original poster
giftswap2021 · 28/09/2022 11:50

Thank you to everyone who took the time to message on here, it was very helpful.

I was hoping to get more advice please.

So I have received an email from my solicitor where they say the following...

...It should be noted, however, that you have a duty under the terms and conditions of your insurance policy to assist in any attempt to recover your insurer’s outlay (£xxxx). If you give instructions to abandon, I would need to check with your insurers whether they would simply close their file or whether they would then seek their outlay from you personally.

What I want to know is, am I really liable to have to pay the insurers outlay??
i thought that was the whole point of paying insurance, is that they paid instead of me, in the case of an accident?

OP posts: