Has anyone been to a car insurance claim court hearing?

CarlyS123
CarlyS123 Posts: 10 Forumite
edited 18 November 2017 at 12:36PM in Insurance & life assurance
I got into a car accident almost a year ago.I got her the other drivers details, I have an independent witness and I reported this to my insurance but the other drivers insurance kept ignoring our claims so my insurance filed court proceedings against them. Now almost a year later the other driver has got back to us and is denying liability and now we are going to court.
I'm so upset about this because I was always told my insurance and solicitors that it was really unlikely this would go to court. So far I have been told by my insurance and solicitors that the hearing will be informal and I will only have to confirm my statement to the judge and there should not be any cross examination but I'm not sure if I trust them at the moment, has anyone else been through a similar legal hearing? What exactly happened?

Any information would be great.
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Comments

  • Whether you gestured or not doesn't matter as it was up to the truck driver to make sure they were able to pass you safely.

    Why are you so worried about the hearing? It's the best way to get it finally settled even if it does go partially against you. Are you worried about losing no claims discount or something else?
    Retired at age 56 after having "light bulb moment" due to reading MSE and its forums. Have been converted to the "budget to zero" concept and use YNAB for all monthly budgeting and long term goals.
  • forgotmyname
    forgotmyname Posts: 32,520
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    If your story is true and accurate then no worries. I had one that was due to goto court but a couple of days before they called to cancel.

    Sorted without the court process.
    Censorship Reigns Supreme in Troll City...

  • Yes, we had similar a few years back and the other driver ignored and ignored and it eventually ended up in court just shy of 2 years after the accident.
    Although more informal, yes both sides were allowed cross examination of the other through there barrister.
    Do you have legal cover on your insurance to cover the costs of this? The other party in our case did not, and boy did he look annoyed when he end up paying not only his own fees but our fees and court costs in excess of £10,000 pounds when we won.
    ,
    Fully paid up member of the ignore button club.
    If it walks like a Duck, quacks like a Duck, it's a Duck.
  • rs65
    rs65 Posts: 5,682
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    Do you have legal cover on your insurance to cover the costs of this? The other party in our case did not, and boy did he look annoyed when he end up paying not only his own fees but our fees and court costs in excess of £10,000 pounds when we won.

    Normal car insurance should pay the costs here.
  • rs65 wrote: »
    Normal car insurance should pay the costs here.
    Nope,not at all, not when you go to court it doesnt, you need the extra legal cover as well, or basically it's down to you to find your own legal team and pay them.
    This other guy got totally caught out and footed the entire bill himself.
    Just telling you how it happened. :shocked:
    ,
    Fully paid up member of the ignore button club.
    If it walks like a Duck, quacks like a Duck, it's a Duck.
  • FutureGirl
    FutureGirl Posts: 1,252
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    Above advice is incorrect.

    The legal cover on a motor insurance is for when you need to claim against someone else. If the other driver issues proceedings against you / your insurer, your insurer will pay to defend the claim.

    Unless you're with someone like XS Direct where you have an excess for all sections, in which case your excess would apply.
  • rs65
    rs65 Posts: 5,682
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    Nope,not at all, not when you go to court it doesnt, you need the extra legal cover as well, or basically it's down to you to find your own legal team and pay them.
    This other guy got totally caught out and footed the entire bill himself.
    Just telling you how it happened. :shocked:

    The only way that would happen is if the insurers wanted to settle and therefore wouldn't agree to fund the court case. Normal car insurance will fund defence costs with any extra legal cover.

    Extra legal cover is an entirely separate issue and needs a 51% or better chance of success.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Nope,not at all, not when you go to court it doesnt, you need the extra legal cover as well, or basically it's down to you to find your own legal team and pay them.
    This other guy got totally caught out and footed the entire bill himself.
    Just telling you how it happened. :shocked:
    As others have correctly pointed out you are mistaken.


    Taking "legal cover" with car insurance is not for this type of "legal" issue.


    It is for uninsured loss recovery in an incident where another party is in any way liable or partly liable.
  • Insurers wanted to settle 50/50, absolutely not our fault, so we took him to court, he picked a court over 200 miles away from us to inconvenience us , we offered to settle 70/30 (last minute to avoid travel and expenses and hastle),he refused, we traveled and attended, we won, because we had offered a settlement and he refuse he was forced to pay out of his own pocket because he didnt have legal cover.
    Seriously not lieing here!
    But whatever.
    ,
    Fully paid up member of the ignore button club.
    If it walks like a Duck, quacks like a Duck, it's a Duck.
  • Comms69
    Comms69 Posts: 14,229
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    Nope,not at all, not when you go to court it doesnt, you need the extra legal cover as well, or basically it's down to you to find your own legal team and pay them.
    This other guy got totally caught out and footed the entire bill himself.
    Just telling you how it happened. :shocked:
    ... the other parties insurance is liable for your out of pocket expenses......
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