Car Accident - Small Claims Court

DoaM

I'm surprised they didn't just go 50:50 between the insurance companies. As far as I'm aware they have the authority to do so - they don't need either insured party's permission - per typical insurance T&Cs. Your refusal to accept liability shouldn't have forced them into a court case, so I guess they must feel there is a reasonable chance of success.

(Insurance companies avoid court if at all possible - to easy for costs to rack up - unless they're confident).

needaname15

DoaM wrote: »

I'm surprised they didn't just go 50:50 between the insurance companies. As far as I'm aware they have the authority to do so - they don't need either insured party's permission - per typical insurance T&Cs. Your refusal to accept liability shouldn't have forced them into a court case, so I guess they must feel there is a reasonable chance of success.

(Insurance companies avoid court if at all possible - to easy for costs to rack up - unless they're confident).

They told me I had a strong case and they wanted to back it. A 50/50 was offered from the third party side but it was refused by my side.

I guess we will see, although everyone keeps saying I drove into the back of the other car therefore I have no chance. Very different advice than what I got from the solicitor and insurer.

Polmop

If your insurance company think it is worth going to court then do it. They will think you have a good chance or they would have settled
Good Luck

[Deleted User]

needaname15 wrote: »

the defendant is still pictured barefoot

If he turns up barefoot to court then you'll definitely win

Car_54

needaname15 wrote: »

Sorry for my naivety but why not? I am just meant to roll over and accept liability for something I did not do?

So okay say I listen, what would you advise I do now? Cancel the court appearance and accept liability?

Sorry if this comes across short, just been very stressful with a lot going on in other parts of my life.

I doubt whether you have the option of cancelling. Your insurance contract almost certainly gives the insurer the right to make or defend claims in your name.

pimento

What a great advertisement for a dash cam.

Nasqueron

OP do you have a witness (e.g. the car he was tailgating) or was it just your word against his?

It sounds horrible, I can understand that running into the back of a car that has stopped or is slowing is generally against the car behind but in the case where someone swerves into your lane and immediately brakes, how can that be the fault of the innocent party behind given they had space to slow to the line and were doing so, only to have a car appear in front of them with no time to react?

DoaM

I remember a thread here last year where a poster mentioned that his son had been involved in an incident. Son was in RH lane, 3P (3rd party) was in LH lane.

The lanes "jinked" (diverted) left then right and went straight on. Son followed the lane, 3P went straight on and collided with son. 3P was entirely at fault but (I believe) it ended up 50:50 as 3P claimed son moved across into her lane without warning, and also claimed the collision happened on a different part of the road. As there were no independent witnesses it was he said/she said.