Small Court Claims

AM1987

Hi everyone,

I wondering if anyone has any advice or similar experiences they can share with me as this is something totally new.

My car was involved in an accident whilst I was in a shop. A vehicle had reversed at scraped my car taking with it my wing. A witness from accross the road was having a cigarette outside and ran into the shop asking who had a mini, when i said 'me' he said large 4x4 had reversed into it and drove off.

The witness noticed the company name on the commercial vehicle and therefore we were able to indentify the culprit. We gave him a call and he confirmed that he ahd been at the shop. He came to look at the damage and said that he would have it friend repair it.

We insisted that the car was repaired at BMW as this is where the car has its services and MOTS. he refused so we made our insurers aware of the accident to make a claim.

This happened in Feb 2014. I am now at a situation where we have solictors involved to get the cost's from the 3rd party Insurers. The case is now going through the Small Claims as the 3rd party has not made any reasonable offer for the costs involved.

Now, naturally, im a pretty pessimistic person unfortunatley and Im getting very stressed about it despite not being at fault and having a strong witness claim. (they have the written statement from the witness) I just feel nervous that I may have to go to court.

Has anyone had any experience with this? If so what was your experience/outcome?

I would like to think that it would be settled out of court, and the solictors said it will likely not go to the hearing.

Im assumnig that a judge will review the court papers and statements and possibly make a decision without the need to go to court?

Nothing like this has ever happened that is all. Why cannot people be honest anymore and take full respponsiblity.

Any help is really appreciated.

Anthony

OnanTheBarbarian

A judge won't make a decision without the case going to a hearing.

Whether the matter settles before getting as far as a hearing is the issue here. Even if the hearing goes ahead, don't worry. It's not like you are on trial at the Old Bailey. The hearing will be a pretty amicable affair in the judge's chambers rather than in open court.

Given what is going on with the other party seeming to not co-operate, it will most likely reach the point where his insurers realise they are going to get a hiding and will just pay the claim. most civil cases never see the inside of a court room.

forgotmyname

I had the similar issue. I was in a HGV and a vehicle tried to squeeze up the inside and got hooked on the bar that winds the curtain back.

His story changed slightly over the course of each letter. I was in the right hand land and move across into his lane. Then he said i was 3 feet over the line into the left lane.
3 ft over the line in a 9ft wide lane.. It was going to goto court but a few days before they said dont bother.

AM1987

Onan, I appreciate your prompt reply. Thank you so much, you have made me feel much better. I was bricking it. It certainly feels like the old bailey!

It's just such a stress and that I could without. But i guess I need to keep plodding on with it to get the result I deserve

AM1987

Dishonesty get's you nowhere!

InsideInsurance

What is actually in dispute? Liability/ involvement or quantum/ amount? Or is it more a case of the TPI not responding/ saying their client isnt responding to them?

It is fairly unlikely to actually go to court.

Contrary to popular language there is no such thing as the small claims court in the UK, in England and Wales you have the County Court as the lowest civil court but within that there are a number of levels or "tracks". When people find a county court form appear on their door step they often become much more compliant. Similarly insurers who arent willing to go against their client's wishes/ make a decision without their client's input become bolder once the courts are involved.

Things do vary by court etc but most small track (aka small claims court) hearings are done in judges chambers/ a meeting room rather than court, its formal but no wigs or robes etc and nothing like Judge Judy or almost any TV court portrait.

Depending on what is actually in dispute it may not require you to attend even if it does go to a hearing. I've been as a representative of the insurer, obviously a barrister doing the actual arguing for us, and most the policyholders that did need to come saw it as a new experience

DCFC79

Some people aren't honest anymore nor take full respponsiblity for own actions these days, always try and blame other people.

OnanTheBarbarian

DCFC79 wrote: »

Some people aren't honest anymore nor take full respponsiblity for own actions these days, always try and blame other people.

Most people are dishonest and look for some form of get out of jail card after a collision.

Full of apologies to your face, then tell their insurer that it was you who changed lanes/ rolled back into them etc etc.

They are all lying scumbags, except my clients, they are all honest

WombleSW20_2

Is there any reason why you went through the small claims court rather than through your own insurer?

I had a very similar experience - first tried going to the police (which went nowhere) then then informed my insurer. Their Legal Expenses division picked this and while it took about 12 months to recover the costs, I got full compenation. I paid for the repairs myself and provided a receipt to my insurer's LE division who negotiated directly with the offenders insurance company. It would appears liability is not the issue - just the cost. I'm surprised then that the offenders insurance company wants to proceed thrugh the courts.