Court for morot injury claim - what to expect.?

Northernsoul19900 · 2023-10-20T11:20:57+00:00

My first time posting on here but I can't find anything online I'm due in court in a few weeks for a motor injury claim (against me) Incidents happened over 3 years ago but court kept getting postponed Cars went on head on into each other and a slow speed Insurance wanted to settle at 50/50 but other person not accepting hence why its going to court What can I expect to happen? Obviously I will give.me aide of the Incident but I am very anxious There was no witness of CCTV but other person is claiming its my fault How long should I expect it to last ? Thank you

FSTraining · 20/10/2023 12:32

The other motorist has to prove everything that you dispute. Can I ask whether you have received and responded to the Statement of Claim (I'm assuming yes)?

Original poster

Northernsoul19900 · 20/10/2023 12:36

@FSTraining I have given my statement to my insurance company a number of times , verbally and written. It's been going on for so long I can't even remember what I have done with regards to fighting against it 🤦‍♀️ I was happy with the 50/50 as I feel it was that, but they are still disputing it 😩

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FSTraining · 20/10/2023 13:22

Northernsoul19900 · 20/10/2023 12:36

@FSTraining I have given my statement to my insurance company a number of times , verbally and written. It's been going on for so long I can't even remember what I have done with regards to fighting against it 🤦‍♀️ I was happy with the 50/50 as I feel it was that, but they are still disputing it 😩

Yes, because actually the other motorist is taking your insurance company to court as well as you. So they will be handling all of the legal paperwork.

FSTraining · 20/10/2023 13:26

Essentially, what will happen is that the insurance company will run through the statement of claim and then either agree each fact or contest it. Where a fact is contested, the burden is on the claimant to prove on the balance of probabilities that they are right.

If your insurance company is sticking to their guns and no Part 36 offer has been made by the claimant, then I find it very unlikely that the claimant has a good case. It's still a few weeks away and I wouldn't be entirely surprised if your insurance company's legal team try to ask the court to consider that the case has no real prospect of the success on the basis of the facts and have the case dismissed.

prh47bridge · 20/10/2023 13:27

They will give their version of the incident and your barrister will cross examine them. If they have any other witnesses, they will give their evidence and your barrister will cross examine them.

You will give your version of the incident and their barrister will cross examine you. If you have any other witnesses, they will give their evidence and the other driver's barrister will cross examine them.

Both barristers will sum up.

The judge will make a decision. Even if there is no way of telling which side is correct, the judge has to come down on one side or the other. Try not to take it personally if it goes against you - easier said than done, I know.

Read through your statement a few times and refresh your memory as much as possible. It will help if you sound confident in your recollection, even if you aren't.

Difficult to say how long it will take. If the only evidence is from you and the other driver it will probably be over in an hour or two, but that can't be guaranteed.

Original poster

Northernsoul19900 · 20/10/2023 14:27

@prh47bridge @FSTraining thank you for your responses

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HunterHearstHelmsley · 20/10/2023 15:44

FSTraining · 20/10/2023 13:26

Essentially, what will happen is that the insurance company will run through the statement of claim and then either agree each fact or contest it. Where a fact is contested, the burden is on the claimant to prove on the balance of probabilities that they are right.

If your insurance company is sticking to their guns and no Part 36 offer has been made by the claimant, then I find it very unlikely that the claimant has a good case. It's still a few weeks away and I wouldn't be entirely surprised if your insurance company's legal team try to ask the court to consider that the case has no real prospect of the success on the basis of the facts and have the case dismissed.

I'm not sure about the second paragraph here. I'm taking someone to court (via my insurer/solicitor) for a motor claim, I thought it might have been me that OP was talking about until she said it was head on! 😅We are not budging because the other driver was completely in the wrong. I suppose there are some differences, I have evidence and the other driver is denying being there. Just worth bearing in mind that it's not always the case.

Spirallingdownwards · 20/10/2023 15:50

Just to add that most of these cases often settle "at the door of the court" ie just before because of the amount of legal costs incurred at trial.

FSTraining · 20/10/2023 16:49

HunterHearstHelmsley · 20/10/2023 15:44

I'm not sure about the second paragraph here. I'm taking someone to court (via my insurer/solicitor) for a motor claim, I thought it might have been me that OP was talking about until she said it was head on! 😅We are not budging because the other driver was completely in the wrong. I suppose there are some differences, I have evidence and the other driver is denying being there. Just worth bearing in mind that it's not always the case.

Show quote history

Based on the facts both drivers agree they crashed, it was head on and the insurance company is still not budging, I think it's probably going to be difficult proving a claim.

Your defendant arguing they weren't even there sounds a bit more promising if you know they were!

Original poster

Northernsoul19900 · 21/10/2023 12:14

Thank you all for your response . Feeling anxious but hoping for the best!

@HunterHearstHelmsley sorry to hear you're going through this

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Oblomov23 · 21/10/2023 12:21

Do you not get to see their original statement. What are they claiming, that is so different to your version of events.
It sounds like you are going on blind, but you shouldn't be.

Original poster

Northernsoul19900 · 23/10/2023 08:38

@Oblomov23 she is claiming I was on the wrong side

It was on a bend, with no road markings in the middle (evidence pics from where we crashed show us both sort of in the middle ) and there was also a car on her aside of the road on the bend

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UndercoverCop · 23/10/2023 08:50

Going to court doesn't mean she has a good claim. Some insurers are notorious for it. A driver pulling away from the side of the road/parked pulled out without looking out indicating and hit the rear passenger wheel arch area of my car, that was three years ago and it's going to court, because they feel I had my courtesy car for too long (6 days while mine was in the garage being repaired, how long those repairs took was not in my control nor that of my insurance company) , they also dispute the cost of DS' child seat even though we have the email receipt and bank statement showing it's ours and was only bought 8 weeks prior, he was sat in the rear passenger side seat where the car was hit.
The other insurer called me directly to convince me to let them handle the claim, they were rude and quite aggressive as soon as I said I wanted to discuss that with my own insurer, after I did and called them back to say I'd decided to let my own insurer deal with it, they threatened me said I wouldn't get a penny, they'd see me in court in a number of years after they'd pursued the lengthiest route possible. That I wouldn't like the court process it's very difficult for witnesses etc. It was outrageous.
Little did they know I was recording the call after the first attempt and act as a professional witness in court regularly, so I'll be happy to see them there.

Original poster

Northernsoul19900 · 23/10/2023 11:20

@UndercoverCop wow, so sorry you've had to go through this. Is really is shocking how insurance companies can behave in such a way 😩

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FSTraining · 23/10/2023 11:22

UndercoverCop · 23/10/2023 08:50

Going to court doesn't mean she has a good claim. Some insurers are notorious for it. A driver pulling away from the side of the road/parked pulled out without looking out indicating and hit the rear passenger wheel arch area of my car, that was three years ago and it's going to court, because they feel I had my courtesy car for too long (6 days while mine was in the garage being repaired, how long those repairs took was not in my control nor that of my insurance company) , they also dispute the cost of DS' child seat even though we have the email receipt and bank statement showing it's ours and was only bought 8 weeks prior, he was sat in the rear passenger side seat where the car was hit.
The other insurer called me directly to convince me to let them handle the claim, they were rude and quite aggressive as soon as I said I wanted to discuss that with my own insurer, after I did and called them back to say I'd decided to let my own insurer deal with it, they threatened me said I wouldn't get a penny, they'd see me in court in a number of years after they'd pursued the lengthiest route possible. That I wouldn't like the court process it's very difficult for witnesses etc. It was outrageous.
Little did they know I was recording the call after the first attempt and act as a professional witness in court regularly, so I'll be happy to see them there.

Unbelievable. I hope you reported the insurance company to the FCA. I'm losing count of the amount of breaches they've made in your post!

Imreallytiredandanxioustoday · 23/10/2023 11:29

I imagine the barristers will chat at the court and agree 50/50 anyway. They're usually more realistic than the solicitor.

Original poster

Northernsoul19900 · 23/10/2023 13:19

@Imreallytiredandanxioustoday thanks for your response. I'm hoping this is the case

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