Car Insurance claims going to court advice.

bigmondy

Hope someone can advise. We were involved in car accident 3 years ago and our solicitor has lodged a case with the court.

This morning we received a letter stating that the other side has lodged a notice of intention to defend the case.

There is a small calim for personal injury and the driver that ran in to the back of me already assumed liability - I received a letter confirming this a few weeks after the crash and repairs were carried out to the car.

Is it normal procedure for the other side to defend in a claim where they have already admitted liability? Does this mean we have to go to court and argue against each other?

Seems puzzling that they should acknowledge blame, action the repairs to my car almost immediately after the accident and then defend the case?

I hope someone can advise, dont think I have the stomach for a court battle.

lisyloo

They can still dispute the amounts being charged. They could disagree with the amount being paid out for your injuries. Just because the driver is liable doesn't mean they have to agree to a bill of any size.

I don't think you would be involved in any argument, because you aren't arguing liability. The two sides are srguing the size of the bill so that's not really something the two drivers have to dispute. My understanding is that most often claims don't get as far as court and are settled before hand, but the threats are part of the negotiation.

I know it's stressful but I would try not to worry too much.
If your legal advisors have set the amounts then it's not something that you personally are going to have to argue about. It will be the legal teams who are arguing.

bigmondy

lisyloo wrote: »

I know it's stressful but I would try not to worry too much.
If your legal advisors have set the amounts then it's not something that you personally are going to have to argue about. It will be the legal teams who are arguing.

Thank you so much - that really puts my mind at rest. There is far too much going on elsewhere in my life to be worrying about that.

Thanks for taking the time to allay my fears.

PS: If anyone else posts on this thread I will be too scared to read it just in case it is someone debating the merits or demerits of your post.

InsideInsurance

As Lisyloo says, there are two aspects to every claim, liability and quantum (amount). You can agree on one without necessarily agreeing on the other.

The county court action for these types of claims are nothing like on TV. Generally it is in a side room with the judge at the head of the table (without a wig) and the claimant on one side with their representation and the defendant's side on the other side of the table.

Most the time it is the judge and two barristers discussing the key points of the case and the areas where they've been unable to get an agreement showing any evidence to support their accounts. Occasionally there may be simple questions to the defendant or claimant coming from the barristers.

It is fairly informal and not at all like Judge Judy

bigmondy

I dont envisage having the wherewithall for even that informal side-room InsideInsurance....

Is it possible that the other side make an offer that they feel is reasonable based on the indiependant medical report?

If so I will probably accept the first offer they make just to be done with it.

lisyloo

The other side will drag their feet as long as possible.
Firstly to wear you down so you'll agree to anything and secondly to delay payment as long as possible.
Lodging a court case is part of the process.
The other side may have no intention of going to court because it incurrs more costs, but they are going to delay as long as possible until your side forces the issue.
This is just how it works.

If you haven't financially lost out and the money is for pain & suffering, then why not chill-out and jsut look on any payout as a bonus.

I know it's hard, I really do. My job is continually insecure and I used to worry ALL the time.
But I've decided to give up worrying because it's pointless, counter-productive and can make you ill.
I have been suprised at how quickly I could change the way I feel just by deciding to do so.

What's the worse that can happen?

bigmondy

Excellent advice lissyloo. I will consider it and adopt it.

Normally I am the type of person that can 'find a silver lining in a mushroom cloud' - but the thought of battling out in court gives me the heeby geebees.

I will bide my time as you suggest.

PS: I like that mantra "what's the worst that can happen?" Brings it all in to perspective.

proper_bodyshop

bigmondy wrote: »

Hope someone can advise. We were involved in car accident 3 years ago and our solicitor has lodged a case with the court.

This morning we received a letter stating that the other side has lodged a notice of intention to defend the case.

There is a small calim for personal injury and the driver that ran in to the back of me already assumed liability - I received a letter confirming this a few weeks after the crash and repairs were carried out to the car.

Is it normal procedure for the other side to defend in a claim where they have already admitted liability? Does this mean we have to go to court and argue against each other?

Seems puzzling that they should acknowledge blame, action the repairs to my car almost immediately after the accident and then defend the case?

I hope someone can advise, dont think I have the stomach for a court battle.

This is very common for the at fault party's Insurance to contest this at first, they bank on people not having the stomach to see it through, i would say as many as 35% of cases against at fault Insurance companies are dropped due to the fear of having to appear in court, if you are the innocent party, then stay the course, if you don't, the only winner is the other at fault Insurer, ohh by the way 95% of cases get settled before any court appearances actually happen. STAY THE COURSE

bigmondy

Thanks for the advice Proper Bodyshop. I will do as you say.

I have been thinking about it and the sums are so small in reality to my losses that your 95% figure probably will apply.