Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • CarlyS123
    • By CarlyS123 17th Nov 17, 11:14 PM
    • 4Posts
    • 0Thanks
    CarlyS123
    Has anyone been to a car insurance claim court hearing?
    • #1
    • 17th Nov 17, 11:14 PM
    Has anyone been to a car insurance claim court hearing? 17th Nov 17 at 11:14 PM
    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.
    Last edited by CarlyS123; 18-11-2017 at 12:36 PM.
Page 1
    • tempus_fugit
    • By tempus_fugit 18th Nov 17, 12:06 AM
    • 328 Posts
    • 310 Thanks
    tempus_fugit
    • #2
    • 18th Nov 17, 12:06 AM
    • #2
    • 18th Nov 17, 12:06 AM
    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
    • By forgotmyname 18th Nov 17, 3:45 AM
    • 26,230 Posts
    • 10,469 Thanks
    forgotmyname
    • #3
    • 18th Nov 17, 3:45 AM
    • #3
    • 18th Nov 17, 3:45 AM
    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.
    Punctuation, Spelling and Grammar will be used sparingly. Due to rising costs of inflation.

    My contribution to MSE. Other contributions will only be used if they cost me nothing.

    Due to me being a tight git.
    • AylesburyDuck
    • By AylesburyDuck 19th Nov 17, 11:57 AM
    • 690 Posts
    • 1,565 Thanks
    AylesburyDuck
    • #4
    • 19th Nov 17, 11:57 AM
    • #4
    • 19th Nov 17, 11:57 AM
    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
    • By rs65 19th Nov 17, 3:14 PM
    • 5,295 Posts
    • 2,510 Thanks
    rs65
    • #5
    • 19th Nov 17, 3:14 PM
    • #5
    • 19th Nov 17, 3:14 PM
    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.
    Originally posted by AylesburyDuck
    Normal car insurance should pay the costs here.
    • AylesburyDuck
    • By AylesburyDuck 21st Nov 17, 6:11 PM
    • 690 Posts
    • 1,565 Thanks
    AylesburyDuck
    • #6
    • 21st Nov 17, 6:11 PM
    • #6
    • 21st Nov 17, 6:11 PM
    Normal car insurance should pay the costs here.
    Originally posted by rs65
    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.
    ,
    Fully paid up member of the ignore button club.
    If it walks like a Duck, quacks like a Duck, it's a Duck.
    • FutureGirl
    • By FutureGirl 21st Nov 17, 6:35 PM
    • 1,018 Posts
    • 415 Thanks
    FutureGirl
    • #7
    • 21st Nov 17, 6:35 PM
    • #7
    • 21st Nov 17, 6:35 PM
    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
    • By rs65 21st Nov 17, 7:12 PM
    • 5,295 Posts
    • 2,510 Thanks
    rs65
    • #8
    • 21st Nov 17, 7:12 PM
    • #8
    • 21st Nov 17, 7:12 PM
    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.
    Originally posted by AylesburyDuck
    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
    • By Quentin 22nd Nov 17, 10:31 AM
    • 33,572 Posts
    • 17,455 Thanks
    Quentin
    • #9
    • 22nd Nov 17, 10:31 AM
    • #9
    • 22nd Nov 17, 10:31 AM
    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.
    Originally posted by AylesburyDuck
    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.
    • AylesburyDuck
    • By AylesburyDuck 29th Nov 17, 12:28 PM
    • 690 Posts
    • 1,565 Thanks
    AylesburyDuck
    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
    • By Comms69 29th Nov 17, 4:51 PM
    • 1,318 Posts
    • 1,065 Thanks
    Comms69
    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.
    Originally posted by AylesburyDuck
    ... the other parties insurance is liable for your out of pocket expenses......
    • AylesburyDuck
    • By AylesburyDuck 29th Nov 17, 6:09 PM
    • 690 Posts
    • 1,565 Thanks
    AylesburyDuck
    ... the other parties insurance is liable for your out of pocket expenses......
    Originally posted by Comms69
    Indeed they were.
    ,
    Fully paid up member of the ignore button club.
    If it walks like a Duck, quacks like a Duck, it's a Duck.
    • rs65
    • By rs65 29th Nov 17, 9:48 PM
    • 5,295 Posts
    • 2,510 Thanks
    rs65
    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.
    Originally posted by AylesburyDuck
    What you have described is someone taking it to court without their insurers support. Legal cover wouldn't pay for that either.
    • AylesburyDuck
    • By AylesburyDuck 1st Dec 17, 11:03 AM
    • 690 Posts
    • 1,565 Thanks
    AylesburyDuck
    What you have described is someone taking it to court without their insurers support. Legal cover wouldn't pay for that either.
    Originally posted by rs65
    We had our insurers support, and had it not gone in our favour then yes legal cover would have paid for it.
    Listen, the OP asked for people who had experienced court, i've told it how it went, you can all bleat how you want but it was OUR experience of it, as requested.
    ,
    Fully paid up member of the ignore button club.
    If it walks like a Duck, quacks like a Duck, it's a Duck.
    • FutureGirl
    • By FutureGirl 1st Dec 17, 7:11 PM
    • 1,018 Posts
    • 415 Thanks
    FutureGirl
    I can't see how you would know whether the other driver, or his insurers, would have paid your solicitors costs - that would be an issue between themselves to discuss and sort out.

    And the post above you referred to the other driver not having his insurers support - not you!
    • rs65
    • By rs65 2nd Dec 17, 10:06 AM
    • 5,295 Posts
    • 2,510 Thanks
    rs65
    We had our insurers support, and had it not gone in our favour then yes legal cover would have paid for it.
    Listen, the OP asked for people who had experienced court, i've told it how it went, you can all bleat how you want but it was OUR experience of it, as requested.
    Originally posted by AylesburyDuck
    And your comment about informal and cross examination is fine. The bit about legal cover is completely wrong and isn't helping the OP.

    Normal car insurance pays to pursue or defend a case (assuming insurers are happy to take it to court). Legal cover has absolutely nothing to do with it.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

4,225Posts Today

6,744Users online

Martin's Twitter
  • Have a lovely weekend folks. Don't do anything (fiscally) that I wouldn't do!

  • RT @thismorning: With his last deals of the year, @MartinSLewis wishes us all a 'very merry Christmas, a happy Hanukkah and a wonderful and?

  • RT @stoneygran: @MartinSLewis I furtively used a pub toilet last night before getting on the bus and felt really guilty!

  • Follow Martin