Car accident which went to court and the lack of communication by the insurers

Hollyb2020

So, long story as short as possible.
3 years ago when exiting a roundabout on to a dual cartridgeway a WVM hit the side of my car causing damage to the side of my car and their front drivers side bumper. I called the police and insurance company at the scene and fast forward 2 years where after the initial damage repair I heard next to nothing despite several querying calls my insurance company instructed their solicitor to go to court.
A year on, with maybe 4 short calls and 2 letters. I went to court on Wednesday ..advice to anyone thinking about getting their day in court. It was awful. I was nervous got confused about what I was being asked, was asked a question about distance and couldn’t tell if something was 100 or 200 meters away. I got my lanes mixed up, I also couldn’t recall a fact as this was 3 years ago (since then I witnessed a murder so this car accident isn’t the thing that keeps me up at night) to say one way or the other would have been a lie. So I chose not to lie and say I couldn’t remember and to the defence that meant I was telling lies and so on. You get the picture! My solicitor told me to leave after stating my case and that would call me same day to let me know the outcome as it was the only case of the day. They haven’t done so and it was that bad I think I have lost the case. It’s been hanging over me so long and with everything else I don’t really care if I lose this one, I just want it to be over! My question is; what happens next if I lose do my insurance company give me a big bill, do I have to pay something to the other side. I assume I will lose my no claims up to the point it happened but will my insurer refuse to continue to insure me? Lots of questions and I have called them several times, but they are not very forthcoming, So any advice or shared experiences would be brilliant to help settle my mind until someone from the legal firm finally calls me back.

Quentin

Assuming the court hearing was to determine liability then if it's been decided the other side is to blame then you get your excess and all other uninsured losses reimbursed by the other side

But if you are now considered in any way to be partially to blame then you will lose some NCD and only be able to get back a proportion of your uninsured losses based on how liable you have been made.

If you are 100% to blame the NCD is lost and you cannot get any uninsured losses back

Hollyb2020

Thank you for responding, I really appreciate it, more than you know. I never wanted it to go this far and pushed for a 50/50 settlement, my insurance company wanted to claim the cost of the damage and my excess back total of only £1700, i paid the excess so long ago, I am not bothered about getting it back at this point. I think I did lose (of course don’t know for sure). I am fully comp with legal cover and yes the hearing was to determine liability. Assuming the worst, I also wonder if the defendant can now try to claim costs from me or would that be the end of it with loss of my excess and NCB up to the point of the accident being effectively my penalty, or are there larger implications with the insurance company, i.e refusing to continue to insure me?, getting stuck with his bill for damage, which has never been mentioned so far.
As a side bar when I walked in to give evidence the defendant was disagreeing with the judge with the judge telling him to stop talking or she would remove him! I couldn’t believe it and I think it with the reminder/flashback of the last time I was in court, it just knocked me off my game. Not an excuse, I know. Unfortunately not knowing the legal implications has me more anxious than what is realistically reasonable ��

Quentin

Your insurer will be paying anything ordered by the Court by way of costs etc(. All assuming you told the truth in the first place and didn't subsequently change your story)

Hollyb2020

Thanks. I didn’t change my story but during giving evidence I did get my lanes mixed up as the picture wasn’t clear and nerves took over, I did clarify when I was on the stand, but the defence solicitor jumped on my mistake and called me a liar and so on. I just kept saying I was in the middle and didn’t change lanes, I disagree I jumped lanes exiting the roundabout and that I may have been mistaken while giving evidence and apologised to the judge. My solicitor got me to map out on a drawing subsequently where I was and so on. Fingers crossed and will take whatever comes. I am just hoping my insurers don’t try to come back to say I was changing my story. I hadn’t even thought of that one. If they do that presumably I get a bill then for 1700 plus legal fees?

OnanTheBarbarian

The only time you would be asked to contribute to any costs etc would be if you were found to have been fundamentally dishonest.

Otherwise your insurer has to pay any third party claim and costs ordered against you by the court.

If the other driver can come after you for any claim will depend on who the other party was in your court proceedings. If the other party was say the owner of the van./ a company then WVM could still claim agsinst you but if the other party was WVM as named in the proceedings then he cannot later try to make a claim.

Hollyb2020

Ahh brilliant, it was the individual not the company. I really appreciate all the advice from you guys.
Is it normal for your insurers to not ever be in contact with you about it, especially post hearing?
I find the insurers lack of communication over the whole process odd, but to be fair I had never had an insurance claim before in 20 years of driving so it may be standard!

tasticz

Hollyb2020 wrote: »

Ahh brilliant, it was the individual not the company. I really appreciate all the advice from you guys.
Is it normal for your insurers to not ever be in contact with you about it, especially post hearing?
I find the insurers lack of communication over the whole process odd, but to be fair I had never had an insurance claim before in 20 years of driving so it may be standard!

give them a ring on monday morning to ask what the outcome is, if its decided in your favour you will get the excess back

Hollyb2020

I will thanks and will let you all know the outcome ��

Hollyb2020

So the case was dismissed from court due to my panic attack. That is fine and am prepared to accept whatever I have to pay without dispute.
The solicitor noted it was panic and not obvious dishonesty which I am happy with as I really didn’t lie, and am glad that they accepted this.

The insurers want to await the report which is fine also. They have said that it will be classed as an at fault claim and will have a loss of NCB. One claim in all the years I have driven I am willing to accept,

They will also come back to me if there are any further implications. I think it helps I have been with the same insurers for several years and have made no other claims before or since this incident and didn’t claim for any injury or other losses. It was purely the damage to the vehicle.
I have not heard anything about WVM claiming for the damages to his vehicle, can that happen at this point?
Whatever happens next I have bought a dash cam as I feel it can only be a proactive measure!
I do feel this experience is testament to however much you feel you are in the right, court can throw anyone!