Advice on excess claim

[JLM1981]

Hi. I had a car accident last February. Non fault. Other driver admitted fault and was cautioned at the scene. I was heavily pregnant and suffered minor injuries. Was in hospital overnight to have baby checked etc. My car was written off. I received a pay out to cover the cost of car. I'm trying to claim back my £400 excess which I had to pay even though it was a non-fault claim. I'm using legal cover which I have included through job. The case was going to court next week. I'm not sure why. Other party has pleaded guilty so I wasn't expecting it to go ahead (legal team seemed to think it was unlikely to actually happen). Court case has now been cancelled and rescheduled for the end of the year. Can anyone with experience of this tell me if I'm likely to get this excess back before the court case? And do you think it's likely I will need to go to court for 3 days? It seems extreme but that's what the legal team have advised is proposed. My legal team just send vague legal jargon back to my questions and the whole thing seems like it's been hanging over me for ages. I've never experienced anything like this before and don't know anyone else who has.

If we're talking about a 3 day trial I guess there's a lot more at stake than your £400 excess.

The vast majority of cases settle but often it takes the impending deadline of a hearing, at which point costs go through the roof, to focus minds.

Thanks for your response. Why would that be? I didn't have any serious injuries. Is it because the car payout was high do you think?

It's such a faff when you're not at fault that you have to pay the excess. When I was with Aviva they tried this and I argued with them about it, as why should I be out of pocket when the other person had already admitted fault, and they didn't make me pay it, but I think it was a relatively low value claim (£1k max).

It's odd that it's going to court though? Especially as the other party has admitted liability. Were they under the influence?

You'd need to ask your insurer but I suspect the other party has resiled from his admission of responsibility or that for some other reason his insurers/their lawyers have decided to play hardball.

Not new, this stuff's always gone on.

Years ago, like more than 30, my Mother was overtaking a parked truck when he moved out onto her having, presumably, failed to check his mirror.

Went all the way to a court date and settled the day before.

The courts expect cases to cave at the last minute and consequently pack the list so that on the one day they don't settle everybody's there until 7pm.

Other driver lost control of car, came over onto my side and hit me head on. Was towing a large caravan. Wasn't under the influence. Definitely has admitted fault and not changed mind. Several witnesses. Whole thing was horrible and I can't understand why I now need to go to court as legal team keep confirming he's pleaded guilty to driving without due care (I'm sure that's the term used). I appreciate all the advice. I guess it's going to drag on another year and this is perhaps common place.

You don't plead guilty in a civil case. That suggests there are two cases in progress. A criminal case where he has pleaded guilty and a civil case where his insurance company is not admitting liability. The guilty plea undermines their position, so they may settle when the criminal case is concluded.

For what reason would his insurance not admit liability? This is all very confusing. I think because the other driver was cautioned by police at the scene and gave a statement to say he was at fault along with the other witnesses I assumed they had admitted liability. My own insurance keep asking me if they can close the case and I keep informing them that a court case is outstanding. I definitely need to speak to the legal team again. Thanks so much for responding.

The whole thing is a little bit odd. I wouldn't expect a case to determine fault in a road traffic accident to last more than a few hours. A 3-day trial is more likely in a criminal case, which suggests that either he has withdrawn his guilty plea, or the prosecution are trying to get him convicted of a more serious offence.

The question is whether there is a civil case at all and, if not, why his insurance company hasn't paid up for your excess. The fact you have a legal team involved suggests there is a civil case, but you need to get some clear answers.

I've called up for clarity. My legal advisor has said in 95% of cases it doesn't actually go to court and it will likely settle prior. As well as the excess they are claiming for my loss of earnings as I was off work and this will be paid back to my employer. The payout for my car didn't cover the cost of my replacement car as with 4 young children my options are limited. I had to put over £1k on a credit card to get a replacement similar car which is older and I really would like the excess back to clear what's left. They couldn't tell my why it's a 3 day case. The police visited me a few days after the accident but I never heard again.

*me

Thanks to everyone for the advice on this. Just wanted to update that it was settled out of court at a settlement meeting yesterday and I received a settlement offer and my excess is being reimbursed.