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  • FIRST POST
    • needaname15
    • By needaname15 13th Mar 17, 9:36 PM
    • 24Posts
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    needaname15
    Car Accident - Small Claims Court
    • #1
    • 13th Mar 17, 9:36 PM
    Car Accident - Small Claims Court 13th Mar 17 at 9:36 PM
    Hi all,

    I am due to attend small claims court soon over a car accident that happened almost two years ago now.

    Long story short both myself and the third party dispute liability, it has been dragged out for a very long time by the third party taking the longest time possible to reply to any correspondence. This is all going through the insurer, I have not pursued this court claim independently. I have not paid any fees or incurred any costs, I am simply hoping for my excess and premiums to be refunded if I win the case.

    Basically I was travelling in the left only lane approaching a roundabout, the third party was tailgating a car in the middle lane (also left turning), third party becomes impatient and violently swerves into my lane and slams their brakes on right near the give way at the roundabout. I collided with the back of the third party vehicle as I had literally no time to react. There was no reason to come into my lane, they could have turned off in their lane however clearly wanted to jump in front.

    Initially when the court preceding started the third party offered to settle 50/50, however I rejected this and continued to stand my ground. We exchanged witness statements the other week and the third party admits that they changed lanes and also states that they are not sure they if indicated or not when doing so. Their statement is very fluffy and includes a lot of 'not sure' and 'I think'. However, they are blaming me saying I admitted guilt at the scene and failed to stop in time. I did not admit guilt at the scene, but I was very concerned for their welfare as they kept walking into the road and acting very odd.

    I also have photographic evidence of the third party standing barefoot outside their vehicle straight after the collision. I understand that this is not illegal, however it is illegal not to be in proper control of a vehicle and I would argue driving barefoot is not very responsible and contributed to their irratic driving.

    What sort of chance do I stand at small claims court? I'm worried the judge is just going to say you drove into the back of the third party therefore it is my fault. I literally had no time to react and could not predict such an irrational maneuver in time to avoid a collision.

    Thanks in advance
Page 1
    • theonlywayisup
    • By theonlywayisup 13th Mar 17, 9:42 PM
    • 10,729 Posts
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    theonlywayisup
    • #2
    • 13th Mar 17, 9:42 PM
    • #2
    • 13th Mar 17, 9:42 PM
    Sadly I suspect you won't fair well. You drove into the car in front. If your defence is that you had no time to react, you may want to assess your losses before it gets any worse.
    • bris
    • By bris 13th Mar 17, 9:45 PM
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    bris
    • #3
    • 13th Mar 17, 9:45 PM
    • #3
    • 13th Mar 17, 9:45 PM
    You ran into the back of a car, you are officially to blame every time, didn't you know that?


    Its well known that if you run into the back of a car then you are to close, case dismissed.
    • needaname15
    • By needaname15 13th Mar 17, 9:49 PM
    • 24 Posts
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    needaname15
    • #4
    • 13th Mar 17, 9:49 PM
    • #4
    • 13th Mar 17, 9:49 PM
    I asked this question to the solicitor and they said this is not always the case anymore, if there is a sudden lane change it does not always default onto the driver who hits into the rear.

    Also technically I do not have any losses, besides the excess I already lost. I do not have to pay anything if I lose the case.
    • naedanger
    • By naedanger 13th Mar 17, 9:52 PM
    • 2,180 Posts
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    naedanger
    • #5
    • 13th Mar 17, 9:52 PM
    • #5
    • 13th Mar 17, 9:52 PM
    You ran into the back of a car, you are officially to blame every time, didn't you know that?


    Its well known that if you run into the back of a car then you are to close, case dismissed.
    Originally posted by bris
    Absolutely not true. For example have you not heard of "crash for cash" cases?
    • theonlywayisup
    • By theonlywayisup 13th Mar 17, 9:54 PM
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    theonlywayisup
    • #6
    • 13th Mar 17, 9:54 PM
    • #6
    • 13th Mar 17, 9:54 PM
    I asked this question to the solicitor and they said this is not always the case anymore, if there is a sudden lane change it does not always default onto the driver who hits into the rear.

    Also technically I do not have any losses, besides the excess I already lost. I do not have to pay anything if I lose the case.
    Originally posted by needaname15
    You may want to asses your losses.

    Really. You can't rock up thinking you have a no lose no pay.
    • needaname15
    • By needaname15 13th Mar 17, 9:54 PM
    • 24 Posts
    • 4 Thanks
    needaname15
    • #7
    • 13th Mar 17, 9:54 PM
    • #7
    • 13th Mar 17, 9:54 PM
    Absolutely not true. For example have you not heard of "cash for crash" cases?
    Originally posted by naedanger
    Exactly my point, this guy had absolutely no reason to brake and swerved directly across my path whilst simultaneously braking. I actually thought it was a crash for cash when it happened as he immediately got out the car complaining of neck pain. I have also been informed that his ridiculous personal injury claim was rejected by his own insurers.
    Last edited by needaname15; 13-03-2017 at 9:56 PM.
    • needaname15
    • By needaname15 13th Mar 17, 9:55 PM
    • 24 Posts
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    needaname15
    • #8
    • 13th Mar 17, 9:55 PM
    • #8
    • 13th Mar 17, 9:55 PM
    You may want to asses your losses.

    Really. You can't rock up thinking you have a no lose no pay.
    Originally posted by theonlywayisup
    Can you please elaborate? I specifically asked the insurer and solicitor what would my losses be if I were to lose, and they both confirmed nothing besides my excess.

    Also, how can I assess my losses when a court date is scheduled?
    • Moneyineptitude
    • By Moneyineptitude 13th Mar 17, 10:01 PM
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    Moneyineptitude
    • #9
    • 13th Mar 17, 10:01 PM
    • #9
    • 13th Mar 17, 10:01 PM
    I'm worried the judge is just going to say you drove into the back of the third party therefore it is my fault.
    Originally posted by needaname15
    I suspect that is exactly what will happen.

    A photograph of a barefoot man is not going to aid your case in any way.
    • needaname15
    • By needaname15 13th Mar 17, 10:07 PM
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    needaname15
    I suspect that is exactly what will happen.

    A photograph of a barefoot man is not going to aid your case in any way.
    Originally posted by Moneyineptitude
    Sorry for my naivety but why not? I am just meant to roll over and accept liability for something I did not do?

    So okay say I listen, what would you advise I do now? Cancel the court appearance and accept liability?

    Sorry if this comes across short, just been very stressful with a lot going on in other parts of my life.
    • naedanger
    • By naedanger 13th Mar 17, 10:08 PM
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    naedanger
    Exactly my point, this guy had absolutely no reason to brake and swerved directly across my path whilst simultaneously braking. I actually thought it was a crash for cash when it happened as he immediately got out the car complaining of beck pain. I have also been informed that this ridiculous personal injury claim was rejected by his own insurers.
    Originally posted by needaname15
    Usually the driver of a car running into the back of another car is to blame, and often insurers will try and settle on that basis even if the car at the back wishes to fight the case.

    However the car in front can be to blame e.g. if they slam on the breaks without reason etc, cut in without warning and break etc.

    As regards your own case, you are best just waiting. No-one here has all the evidence and so cannot give a properly informed view. The judge will have the great advantage of hearing both parties describe what happened in their own words. An experienced judge should be used to distinguishing between people telling the truth and those who are not.
    • theonlywayisup
    • By theonlywayisup 13th Mar 17, 10:10 PM
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    theonlywayisup
    Can you please elaborate? I specifically asked the insurer and solicitor what would my losses be if I were to lose, and they both confirmed nothing besides my excess.

    Also, how can I assess my losses when a court date is scheduled?
    Originally posted by needaname15

    People on the whole are under a huge misconception that small claims means no losses. It doesn't.

    https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/going-to-court/after-the-court-hearing/

    Have a read and google - what if I lose a small claims case. Put that into perspective with your type of case....
    • needaname15
    • By needaname15 13th Mar 17, 10:13 PM
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    needaname15
    People on the whole are under a huge misconception that small claims means no losses. It doesn't.

    https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/going-to-court/after-the-court-hearing/

    Have a read and google - what if I lose a small claims case. Put that into perspective with your type of case....
    Originally posted by theonlywayisup
    Is that a CCJ?
    • Moneyineptitude
    • By Moneyineptitude 13th Mar 17, 10:27 PM
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    Moneyineptitude
    Is that a CCJ?
    Originally posted by needaname15
    No it's not.

    Google "County Court Judgement" for details of what that pertains to.

    Do you actually have a consumer rights issue? If not, perhaps re-post your thread on the general insurance board?
    http://forums.moneysavingexpert.com/forumdisplay.php?f=21
    • sulphate
    • By sulphate 13th Mar 17, 10:29 PM
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    sulphate
    I think you may have to accept 50/50.
    • theonlywayisup
    • By theonlywayisup 13th Mar 17, 10:30 PM
    • 10,729 Posts
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    theonlywayisup
    Is that a CCJ?
    Originally posted by needaname15
    No.

    Google it at least. Speak to your legal team at best. This will not be free.
    • needaname15
    • By needaname15 13th Mar 17, 10:33 PM
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    needaname15
    No.

    Google it at least. Speak to your legal team at best. This will not be free.
    Originally posted by theonlywayisup
    They assured me all costs would be covered by my insurer so I will call them first thing tomorrow.
    • theonlywayisup
    • By theonlywayisup 13th Mar 17, 10:35 PM
    • 10,729 Posts
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    theonlywayisup
    They assured me all costs would be covered by my insurer so I will call them first thing tomorrow.
    Originally posted by needaname15
    Specifically ask them what happens if [as is likely given what you've offered here] you lose?
    • needaname15
    • By needaname15 13th Mar 17, 10:37 PM
    • 24 Posts
    • 4 Thanks
    needaname15
    Specifically ask them what happens if [as is likely given what you've offered here] you lose?
    Originally posted by theonlywayisup
    They said I would lose my £250 excess and the claim would go as a fault against my insurance record.

    All costs would be covered under legal cover on car insurance.

    Have I been lied to or something?
    • Moneyineptitude
    • By Moneyineptitude 13th Mar 17, 10:39 PM
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    Moneyineptitude
    They said I would lose my £250 excess and the claim would go as a fault against my insurance record.
    Originally posted by needaname15
    So your insurance premium will increase accordingly.

    Have you really been "fighting" this for two years?
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