Small claims court - what happens ?

CrazyMoney

Hi all, just wondering if someone can help with my query. Basically I had a car crash last October - I was pulling out of a big giveway with a car adjacent to me on to a dual carriageway, the car next to me decided to change their mind as to the lane they wanted to pull into to and cut in front of me (whilst I was stationary at giveway) damaged my front drivers side corner and drove away !

Luckily I got their reg and the police phoned them and got their details, now they are saying I am liable although in their statement they admit driving off as they did not know they had hit anyone!

My insurance company want to take this to a small claims court as they feel I have a strong case, basically what happens at the court is my question ? Do I have to be there and is the date set for this negotiable ?

As I work in Switzerland it is going to prove difficult to be there at short notice.

Any advice much appreciated

MickKnipfler

Were there any independant witnesses?

greenwich

CrazyMoney wrote:

Do I have to be there and is the date set for this negotiable ?

I don't know how accommodating they are if you want to change the hearing date. But you will have to be there. Unless you have other evidence like CCTV, this appears to be a case of his word against yours. So the judge will want to take a good look at both of you when you give your respective sides of the story, so he can decide who's telling the truth.

CrazyMoney

Hi, no independent witnesses. The police have a log of calling him and him admitting he didnt know he had hit anyone and he says the same in his insurance statement but then goes on to argue it was my fault and the reasons why - when he didnt know about the scrape till two hours later !

fatboyonadiet

WOW that's really bad luck CrazyMoney, sorry can't offer much advice except hoping it works out for you. Have you told your insurance company you're based in Switzerland now? Could they not shed any extra light on this?

CrazyMoney

Yes I told them and they have said they may have to drop the case - they have made cases before without the claimant being there so I may push them to do that if at all possible