Car Accident - Small Claims Court

needaname15

I also found the email from the solicitor as requested regarding costs:

"This is a private civil matter and is strictly confidential. Any claim will not have an impact on anything other than your insurance.

This dispute is between two peoples genuine opinions, the civil court is here to rule on which is more likely based on the evidence provided, in order to establish liability.

Worst case scenario, should you lose at a hearing your insurer will cover the cost of the third party claims (if any) and the claim would go as a fault claim on your insurance.

The only way this would escalate any further, would be if you were fraudulently making the claim."

Crazy_Jamie

needaname15 wrote: »

What sort of chance do I stand at small claims court? I'm worried the judge is just going to say you drove into the back of the third party therefore it is my fault. I literally had no time to react and could not predict such an irrational maneuver in time to avoid a collision.

No one can really tell you what sort of chance you stand without seeing the trial bundle and witness statements. Even then, any assessment of your prospects would struggle to be specific. Statistically most rear end shunts are the fault of the vehicle behind, but there are situations where the reverse is true. On your case this could certainly be one of them, and your insurance company clearly thinks that you have a decent enough chance of winning because otherwise they wouldn't have pushed the case this far. Certainly the points that you've highlighted regarding the other driver's witness statement suggest to some extent that there may be weaknesses in their case. Ultimately though it comes down to the view that the Judge forms of you and the other driver on the day. It's just a matter of going to court, doing your best with the question that you are asked, and hoping that the Judge finds in your favour.

Retrogamer

I'm not sure what your chances are in court, but personally i wouldn't mention the bare feet thing.

Strider590

Agree with above, the bare feet thing stinks of just stacking emotional nitpicking on top of the facts.

debtdebt

Are you the Claimant or Defendant in the action?

Anyway, you've got nothing to lose. Be relaxed, stay calm and keep your answers to any questions clear and concise.

Nodding_Donkey

I'd say that if they have admitted changing lanes it should be a slam dunk for you.

And get yourself a dashcam.

angrycrow

Sounds like you have a very strong case, stick to the facts with no waffle and be polite to the judge. Wearing a suit or very smart business wear also makes the right impression.

DoaM

Just to clarify ... did YOU engage a solicitor to fight this, or did your INSURANCE COMPANY do so?

needaname15

I am the claimant. Taken advice on board regarding the barefoot driving, the defendant is still pictured barefoot however as they were stood next to their car while I took the pictures of damage caused.

In the defendants witness statement, they state that cannot remember when they changed lanes, whether they indicated or not and they do not remember their speed.

They are basically trying to make out like they were sat giving way at the roundabout and I plowed into the back of them. I felt like the whole thing could have been a scam and the third party actually had a personal injury claim refused and defended against/dropped. No idea why it was refused but I got the impression it was a ridiculous claim.

And yes I brought a dashcam straight after this happened and have had it running ever since.

needaname15

DoaM wrote: »

Just to clarify ... did YOU engage a solicitor to fight this, or did your INSURANCE COMPANY do so?

My insurance company did. I just said I refuse to accept liability, they passed it onto their solicitor.