Car Accident Claim to go to court!

Ash79

Hi all, basically this is my situation: 2 years ago i was involved in a car accident. I Was hit side on (drivers side) by this other person who was performing a 3 point turn. She had reversed into a laybay, and when i first noticed this vehicle it was sat staionory in this position with the nose of her car facing outwards but not on my side of the road.

As i approached this stationary car, that i could see had obviously reversed, it made no attempt to move and had been sat in this position from when i spotted it a good 200ft away. So i slowed down and decided to proceed - as i had right of way....When i got level with said vehicle she accelerated forward with such verocity that she slammed into my side, pushed my car a good few feet up on to the path and also managed to write my car off.

At first the woman was very apologetic, saying she hadnt seen me etc. We swapped insurance details and she told me her husband could prob "fix" my car. After she left the scene, i was badly shaken and in shock and realised the extent of damage to my car, so i called my partner who is a firefighter - he came to the scene and i then went to the police and onto the hospital to be checked out, i suffered just minor whiplash lasting only few weeks.

But this woman once i told her i had gone to police and intended to go thru insurance, changed her attitude very quickly, started denying liability and proceeded to make up a pack of lies, consisiting of her saying that she was completing her 3 point turn and i saw this and decided to "mount" the curb to try and overtake her! This to me just sounds ridiculous and completley insane. However after 2 years, her insurance company are fighting mine and now i have to attend court which is obviously going to be a horrible experience.

Also i had 3 young children in the car at the time.

I have one witness who saw the accident, but she somehow has materialised a second witness - "a good friend" of hers who saw it all apparantly and is saying her story is right obviously and it was i who caused this accident.

What i dont understand is this, She was performing a 3 point turn ( only 20 feet from a roundabout also) She crossed into my lane and hit my car side on, everyone i have spoke to have said this is surely cut and dry and completley her fault, but now i have to go to court, any advice or opinions would be greatly appreciated. Btw i have never been involved in any sort of rta before.

Quentin

Both sides have different stories and different witness stories - so both can't be telling the truth! So difficult to say what side the judge will take.

(It won't be a "horrible" experience - it's a civil court (not like the criminal ones you see on TV), just tell the truth, and hope the judge isn't swayed by the new (but seemingly not independent) witness)

And there is always the chance it gets settled prior to the hearing.

Crazy_Jamie

The circumstances that you have described certainly do sound like a fairly clear cut case. The weight of evidence sounds like it is in your favour. Presumably your witness is independent, which is helpful, but a further point would be that the damage to the vehicles sounds like it would point towards your version of events rather than hers.

In any event you don't need to worry about the arguments to be put forward on the evidence and such. You also don't need to be worried about what she says. There will be a legal representative at court in order to represent you (a solicitor or barrister), and it will be their job to formulate the arguments, cross examine the other side's witnesses, and generally put your case to the Judge.

Your role is quite simply to answer questions honestly about what happened. The statement which you either have provided or will provide to your solicitors will stand as your primary evidence, and you will then have to answer questions put you by the legal representative from the other side. They will inevitable put to you that your version of events is wrong, but there's no need to take it personally or get angry with the process. They are just doing their job. There is also no need to start commenting on other evidence (e.g. don't say things like 'if I overtook her why is the damage to the front of her car and the side of mine?'). Just answer the questions in a straightforward, concise, and honest manner. Your legal representative will handle the rest, and the Judge will then assess the evidence and make a decision.

As Quentin has said, the court room will not be like the court rooms that you see on television. This is a civil claim, and no one is on trial. There will be no wigs or gowns or similar, and no shouting or screaming as you tend to see on soaps. It's natural to be nervous, but it's just a matter of turning up, answering some questions, and letting the legal representatives do their jobs from that point.