court location

iammumtoone

This is not consumer rights but not sure where to post this.

I have to attended court for a minor motor accident (insurance dispute over who is liable)

Both the other party and I live in the same town which has its own court. The case is to be held at a court in the nearest city which is an hours drive away with no parking. By the time I have used park and ride plus bus/taxi to location it will probably take nearer two hours to get there. This may be impossible depending on start time as I will not have enough time once the childminders open to get there very early. Also I will be out of pocket with petrol/bus/taxi extra childcare needed.

Do I have to attended? what do I do if I can't get there on time? Can I claim the extra expensives?

I don't understand why they have located it there, the solicitors told me it would be local it was one of the first questions I asked when court was mentioned.

Thanks

mije1983

I would have thought any out of pocket expenses should be covered by your insurance policy. What did you solicitor say about the fact it is not your local court? Can they request a later start time for your case to ease you issue of getting there?

What type of court is your local one?

steampowered

If you have a court date it is probably too late to change for the location of the court to be changed now. Cases are allocated to a particular court relatively early in the litigation process, before you get to the stage of witnesses attending court.

I would think you should be reimbursed for your travel expenses and possibly also for loss of earnings and childcare expenses.

Your insurance policy may require your assistance with disputes so if you do not attend without a good reason you may risk invalidating your insurance policy.

iammumtoone

mije1983 wrote: »

I would have thought any out of pocket expenses should be covered by your insurance policy. What did you solicitor say about the fact it is not your local court? Can they request a later start time for your case to ease you issue of getting there?

What type of court is your local one?

We have a magistrates and county court in town.

Solicitors just said where it was I did question why and they said its just where it has been allocated, they did say both myself and the other party had requested the local one but it didn't get allocated there

I will ask about the time but last time I went to court (local one) I had to be there early and wait. It s a bit tricky as it can't be too late in the day either as I will have the same issue with getting back I need to be back before the childminder shuts and if the case starts late, there will be no room for delays!

iammumtoone

steampowered wrote: »

Your insurance policy may require your assistance with disputes so if you do not attend without a good reason you may risk invalidating your insurance policy.

This is what I feared but honestly if I had know it would be allocated to that court I would have seriously considered admitting liability just to avoid this situation (just to make clear I was not in the wrong but this is not a criminal case, just an issue of sense of justice and future insurance premiums which are now already stacked against me due to said case!

unholyangel

What about taking a train? Asking childminder if they can do a bit extra as a one off? Or any friends with children who might be willing to take them or the parents of your childs friends? While they might not be willing to do it on a regular basis, they might be more amenable if it is truly a one off request. If its an agreement with friends/another childs parent, perhaps offer to take their child on a day you're off?

I'm lucky that I have such a hands on big extended family/friend network. We all volunteer to take each others kids so none of us ever have a problem with childcare (and perhaps gives me a tained view on peoples willingness to look after other peoples children).

Have you looked into train times? Just I know its much faster to get a train to the cities near me than it is to drive (never mind additional time of finding somewhere to park & getting to my actual location). Also plenty free parking at/around my local train stations so double bonus.

Which track has it been allocated to? As that is really going to determine what expenses you can claim and how much. This page here might give you some more info on the procedure involved (use ctrl & f to search for "litigation procedure"):
http://178.250.98.96/activities/guide-to-motor-insurance-policy-legal-claims

iammumtoone

unholyangel wrote: »

What about taking a train? No direct trains, would involve heading in wrong direction to change to get on train traveling the right way, would take longer than car/bus Asking childminder if they can do a bit extra as a one off? its not a private childminder, its a nursery where staff are paid min wage and run by a company, this is why I can't be late back they will not look after my son after hours Or any friends with children who might be willing to take them or the parents of your childs friends? no if I could take him out of school for the day I could drop him off with family but that member of exes family does not drive and will not collect or take him anywhere While they might not be willing to do it on a regular basis, they might be more amenable if it is truly a one off request. not in this situation its not really an emergency, If its an agreement with friends/another childs parent, perhaps offer to take their child on a day you're off?

I'm lucky that I have such a hands on big extended family/friend network. We all volunteer to take each others kids so none of us ever have a problem with childcare (and perhaps gives me a tained view on peoples willingness to look after other peoples children).

Have you looked into train times? Just I know its much faster to get a train to the cities near me than it is to drive (never mind additional time of finding somewhere to park & getting to my actual location). Also plenty free parking at/around my local train stations so double bonus. see above train not an option

Which track has it been allocated to? As that is really going to determine what expenses you can claim and how much. This page here might give you some more info on the procedure involved (use ctrl & f to search for "litigation procedure"): thank you I will take a look, the expenses would be nice but its really more an issue of physically being able to attend, I can't be the only single parent to come across this issue.
http://178.250.98.96/activities/guide-to-motor-insurance-policy-legal-claims

If it comes to it I am just going to have to go and if I can't get back in time then start ringing round for help if I leave it till last minute then i suppose it will be an 'emergency' and people will have to help more.

My son is not an easy child he doesn't like change or anything different. I can't just leave him with a random (to him, even though I trust he would be safe) person as he would have a tantrum and that would not be fair on that person, they would not be able to manage him. Even family refuse to have him for long periods in case he goes into one of his 'meltdowns'

Just need to find out time and hope I don't have to be there too early.

unholyangel

iammumtoone wrote: »

If it comes to it I am just going to have to go and if I can't get back in time then start ringing round for help if I leave it till last minute then i suppose it will be an 'emergency' and people will have to help more.

My son is not an easy child he doesn't like change or anything different. I can't just leave him with a random (to him, even though I trust he would be safe) person as he would have a tantrum and that would not be fair on that person, they would not be able to manage him. Even family refuse to have him for long periods in case he goes into one of his 'meltdowns'

Just need to find out time and hope I don't have to be there too early.

Sorry, didnt realise I'd mentioned the trains twice :rotfl:

He sounds a lot like me when I was younger! I used to throw a tantrum if someone I didn't know well even spoke to me, never mind my parents going away and leaving me with them. Also used to run away from nursery (to my grans 5 mins round the corner) if anyone other than my parents or gran took me.

While I've luckily not experienced it from a parents angle, I can appreciate the difficulties it can cause.

LABMAN

Can you perhaps take your son with you? I'm sure the 'Court' people would understand your circumstances.

steampowered

If it comes to it I am just going to have to go and if I can't get back in time then start ringing round for help if I leave it till last minute then i suppose it will be an 'emergency' and people will have to help more.

My son is not an easy child he doesn't like change or anything different. I can't just leave him with a random (to him, even though I trust he would be safe) person as he would have a tantrum and that would not be fair on that person, they would not be able to manage him. Even family refuse to have him for long periods in case he goes into one of his 'meltdowns'

Just need to find out time and hope I don't have to be there too early.

This is all totally understandable. I would raise these concerns with the solicitor acting for the insurer via email (so that you have a record). You should make it clear that you can't stay too late.

That will allow the solicitor to make appropriate arrangements with the court. And that way, if you do have to leave, it is clear that you had been up front about it.

iammumtoone wrote: »

This is what I feared but honestly if I had know it would be allocated to that court I would have seriously considered admitting liability just to avoid this situation (just to make clear I was not in the wrong but this is not a criminal case, just an issue of sense of justice and future insurance premiums which are now already stacked against me due to said case!

If the bill is being picked up by your insurer, this isn't your call to make. As your insurer is picking up the tab for this they get to choose whether or not to admit liability and how the case is run. If you admit liability that will be a breach of your insurance policy and may invalidate your insurance.

iammumtoone

LABMAN wrote: »

Can you perhaps take your son with you? I'm sure the 'Court' people would understand your circumstances.

I would be great if I could, unfortunately I am not allowed to take him out of school. I wonder how the court would view it if I put in my expensive claim the cost of the fine for removing my son from school? be an interesting case!