Car Insurance Claim going to court.

pacovase

Hi All,

I apologise in advanced if I have posted this thread in the wrong section.

Long story short, I was involved in a car accident a few months back, which I was not at fault for. My car was rear ended (damaged bumper only), the third party disputed liability and had threatened to report me to their insurers for crashing into her? so I claimed against her and had my car repaired providing my insurers with pictures and a statement.

I have received an email within this week stating that, my insurers (swiftcover) have issued her insurance with a final letter asking for reimbursement of the sum, failing that they will get there legal department involved and possibly taking them to court.

I am slightly worried as I have never been in trouble before with the law and I have never been in a court . Could somebody whose been through this experience shed some light on what goes on during the court process? and another thing that baffles me is, how is it possible for my insurers to take the third parties insurers to court if they have not replied to any of there letters?

Thank you in advance.

DCFC79

pacovase wrote: »

I am slightly worried as I have never been in trouble before with the law and I have never been in a court . Could somebody whose been through this experience shed some light on what goes on during the court process? and another thing that baffles me is, how is it possible for my insurers to take the third parties insurers to court if they have not replied to any of there letters?

Thank you in advance.

Why are you worried if as you say the other driver hit you, what reason can she have for reporting you for crashing into her ? Its probably a scarry experience but dont get too worried about it, your insurers are obviously fighting for you so they should win plus they would have police reports(possibly) stating you weren't at fault.

McKneff

You have done absolutely nothing wrong so there is really absolutely nothing to worry about.

Let the Insurance company deal with it, that's what you pay your premiums for.

Im presuming the police werent even involved unless someone was hurt.


Someone rear ends you and they are always at fault. What's the name of the other ins. company so we can all avoid them.

pacovase

Thank you for your reply DCFC79,

I know I shouldn't be worried but it is a daunting prospect to be asked to attend court when I've never actually been to a court before. In addition, police were not involved that day as no one was injured so it would be unlikely they have any reports, could be more or less my word against hers.

That would probably my main concern because if it does go to court, will I need to explain to the judge everything from that day again, despite already providing it to my insurance?

Thanks.

@McKneff,

Thanks for your reply, funnily enough I don't actually know the third parties insurer. Swiftcover have kept me in the dark over the past few month and have only just sent me an email stating that I may need to go to court if they do not receive there reimbursement.

vaio

if liability is clear cut then it's very unlikely it will go to court, sounds like the other side are just delaying paying and the only way to move things on is to threaten court action

InsideInsurance

Even if it does go to court for a case like this it will not be held in a court room or anything that intimidating. Normally this sort of case is held effectively in an office with a table with claimant and representation one side, defendant with representation the other side and the judge basically dressed in a suit (no wigs or silliness) at the head of the table.

It is inevitably daunting, I've never been in as a party only as a part of a defendants representation and that was scary enough but it is as relaxed as possible once you're inside.

It would be surprising if it actually went that far but there are a couple of insurers that would defend their clients to the end irrespective of the evidence.

PDAH

I wouldnt worry about it just yet, keep us in the loop.

Crazy_Jamie

InsideInsurance wrote: »

Even if it does go to court for a case like this it will not be held in a court room or anything that intimidating. Normally this sort of case is held effectively in an office with a table with claimant and representation one side, defendant with representation the other side and the judge basically dressed in a suit (no wigs or silliness) at the head of the table.

The size of the court room is dependent more on the court itself rather than the nature of the claim. Mold County Court, for example, only effectively has the one county court room and it is exactly as you described with essentially just a long table. Manchester Civil Justice Centre, on the other hand, has a lot of court rooms but all are 'proper' court rooms (to use that phrase) in terms of layout. So no claim issued there will be heard in a small room with a long table.

However, InsideInsurance is right when he says that there will be no wigs and such in any event. Court rooms in the County Court are generally different to those in the Crown Court that you might see on television, for example. No one is on trial; it is simply a matter of the Judge assessing the evidence and arriving at a conclusion as to where liability lies for the accident. Your statement will stand as your main evidence, and you will have to answer questions put by a legal representative from the other side (usually either a barrister or solicitor). Inevitably they will suggest that you are mistaken in your evidence, but all you need to do is answer the questions truthfully. It is a nervous time because it is a new experience and you are under a degree of pressure, but it is simply a matter of answering some questions.

But as has already been said, with a rear end shunt it is very unlikely that this will see the inside of a court room, so I wouldn't worry about it until you actually receive confirmation that it is going to trial.

pacovase

Thank you all for your replies it has made me more relaxed about the situation. I will keep this thread updated once I hear any further updates from my insurers.

Thanks.

pacovase

Just an update on this thread, I've just got off the phone with my insurers and absolutely stunned at what they have said. They received a dispute of liability within the same month of me claiming however, I was not told about this at all. They have told me the third party are disputing liability, but have not provided a reason why they are disputing it, has anyone ever heard of such a thing?

This looks likely that it may end up in court.

Blackpool_Saver

This person rear ended you and they are disputing liability? sounds very odd. The only thing they could say is you braked suddenly, but even then that is not acceptable as defence because they would have to be too close not to be able to brake, all very odd.
can you describe exactly what happened and where, if you don't mind.....