Car accident dispute - Court

straas

Hi,

Apologies if this is not the correct forum for this.

Some time ago I was involved in a car accident, the details of which are in dispute.

I have been notified that this is going to court.

What is the general procedure, and what are the outcomes?

Thanks

InsideInsurance

Outcomes, well thats for the judge to decide but anything you end up being liable for your insurer will pay for.

The process will depend on exactly what is in dispute. Few cases actually get to court as issuing can have a great effect of focusing the mind. If it does end up there and you need to attend then forget everything you've seen on TV about how court looks/ acts.

In most cases these are heard not in open court but in a meeting room/ judges chambers. There are no wigs or robes etc. You sit around a table and discuss the matter

Linton

From my one experience:

Its fairly informal. Assuming no witnesses: Each side's lawyer put their case. The magistrate questions the two protagonists and comes to a decision.

One piece of advice, assuming you are telling the truth - any question you get asked put in as much detail into the answer as you can. Dont just say "yes" or "no". It is very difficult to come up with a lot of extraneous relatively minor details if you are lying.

Unless it is fairly clear that one person is lying I think the magistrate will say 50/50.

InsideInsurance

Linton wrote: »

The magistrate questions the two protagonists and comes to a decision.

One piece of advice, assuming you are telling the truth - any question you get asked put in as much detail into the answer as you can. Dont just say "yes" or "no". It is very difficult to come up with a lot of extraneous relatively minor details if you are lying.

Unless it is fairly clear that one person is lying I think the magistrate will say 50/50.

Magistrate?

Cases are heard in the County Court not the magistrate as its civil not criminal

The judge has to decide what actually happened, now a narrow lane collision could well end up 50/50 because the judge believes that on the balance of probability both vehicles were still moving at the time of the collision and thus equally liable. If however the two versions are totally incompatible - eg both claim their car was parked an unattended when the other party reversed into them - then they will not say its 50/50

OnanTheBarbarian

Credibility and consistency of your story counts for everything

k3lvc

InsideInsurance wrote: »

Magistrate?

Cases are heard in the County Court not the magistrate as its civil not criminal

We're assuming here that it's the insurance companies taking it to court and not the police

Browntoa

friend of mine actually got to the day of court

He'd pulled out of a side road and admitted liability then , new driver and new car. We think that when he got home the parents put pressure on him to change his story

Anyway , when their legal rep see all the paperwork his story was full of holes and they refused to take it further . Her side was backed up with a mass of photos of the damage to the side of her car and the layout of the junction , he had nothing to back his side up , all the damage was to the front of his car

Case dropped on the day

InsideInsurance

k3lvc wrote: »

We're assuming here that it's the insurance companies taking it to court and not the police

Where is the police mentioned anywhere? The OP says the details of the incident are in dispute, ie liability which is a civil matter dealt with by the county court

Yorkie1

InsideInsurance wrote: »

Where is the police mentioned anywhere? The OP says the details of the incident are in dispute, ie liability which is a civil matter dealt with by the county court

I think you're probably right that it's a civil dispute, but if it was a careless driving trial at the magistrates' court with a not guilty plea then that is usually because the facts are also in dispute.