Worried. Due in court 4 weeks after EDD

[PooWillyBumBum]

Bit of a weird one. Someone came into the back of my car earlier this year and are disputing repair/hire costs. The lawyers are handling it, but I've just been sent a date to appear in court for 13th March 2020. I'm due 14th Feb 2020.

I don't know whether to accept or to challenge this. I did flag my due date with the solicitors when asked when I couldn't attend court, assuming they'd give it a wide berth.

My concern is that if I give birth late February and/or there are complications to either baby or me, I won't be fit to attend (e.g. emergency c-section).

I would like to push back on attending on this date but am unsure on wording. I am already anxious at the idea of attending court, let alone right after birth. Probably making a mountain out of a molehill but this is stressing me out!

If they drove into the back of your car then why do you need to go to court? Surely the solicitors can handle it as the other driver can't deny liability unless you were in a non-roadworthy car in very specific circumstances.

You're not going to get them to change the date based on what might happen. If all goes well you will be fit to attend. If not, then contact them when it happens.

They're accepting fault but disputing the level of costs, length of time, amount spent on car etc. I had an insurer where you call one number and they organise it all (hire car, where it is repaired etc) so I didn't have a hand in any of it...so I am also unsure what value I can bring to the proceedings other than to confirm that the accident happened and that it is our only car - so I needed a replacement. I get the sense this is the two insurers/solicitors quibbling about cost, not sure if the other party - who accepted fault immediately - is pushing back himself.

Thanks for input MissMaiselMuff. In that case I may respond to say I can attend but remind them my due date is when it is so at least I have flagged it twice.

Call your insurer. I got a letter saying that the insurer of the van who ran into the back of me were disputing that the driver was at fault and I may have to appear in court. I freaked out as the driver was a local company who was drinking out of a can at the time and tilted his head right back and didnt notice me slow down for a cyclist (all admitted at roadside). Panicked for a couple days and then called my insurance who confirmed it was a last minute delaying tactic and it would all be sorted out and happens all the time.

I had very similar happen to me - in the end it settled outside of court a week or so before the court date. I imagine itll be very unlikely you will end up needing to go to court.

Thanks, that's reassuring. I don't know why I'm nervous. I've done nothing wrong! I'm pregnant now (obviously!) and struggling to regulate my thoughts/emotions a bit, including being worried about birth after a traumatic one with #1, which is why this is all so anxiety inducing...realise reading it back it all sounds a bit pathetic!

If we get called to court during pregnancy (police officers) we are expected to go but a dr can give you a fit note to say you can't attend. See you things go remind the solicitor of your due date (and that obviously you have no idea how the birth will go or when exactly it will happen!)
Good luck with everything

These often settle at the 11th hour, particularly if particularly low value. Do you know how much is claimed and how much is disputed? Ask your solicitor how the settlement negotiations are going and whether there are any well placed part 36 offers on the table as they put pressure on the other side to settle.
The time left between now and the trial is a good few months - anything can happen in litigation in that time.

Happened to me and they settled 5 days before the court date: less than £10k value and clear liability on there side. Happens all the time apparently and some insurers are known for it

Fingers crossed it’s settled before then. Really reassuring that it doesn’t always go to court. I’ve never been to court before and don’t relish the thought!

Thanks @Namechangeymcnamechange11 for the terminology, I’ll email the solicitor. Amount is circa £6k I believe inclusive of repairs and hire car. They gave me a like for like hire car which is mainly what is being disputed alongside time taken to repair the car (which I had no control over!)

I have been told I’m not liable for the costs even if “we” lose - insurance will cover it - but it’s still stressing me out for some reason, just want it put to bed now.

Thank you all for your replies, really helpful.

I’m going to accept the date, remind my solicitors of my due date (in case they blame me for then being unable to attend - they’re the insurers solicitors, really) and try and put it to the back of my mind.