Small Claims Court - Help to understand

kotek

Hi Everyone,


I need a little bit of help to understand my position. I’m at European so it works a little bit different in my country.

Basically last June a young 17 year old boy drove into the back of my work vehicle (while I was working). I was turning away and slowing down to leave at the junction. I called the police but it’s then when I found that they don’t usually come etc. Nothing serious happened to us. The boy smashed his mum turbo charged car and called for his dad for help and all.

Couple months ago I got a later that his mother is taking me to court to Small Claims Court. They come up with a right story that I apparently changed lanes in last minute and wasn’t indicated or turning away of a junction (which I was). Anyway today I had a call from solicitors that the hearing is 5hrs away from where I live and I need to get there for 10am or the case will be filled in her favour.

It’s a bit of drive away and a cost to me so I’m just trying to find out what my options are. Is my simple statement “I was turning left and slowing down while he drove into back of me” enough to fight against that “she changed lanes and I didn’t see her van”?
PS I was driving a Luton so I have no idea how he couldn’t see me indication or turning left.

So any advises out there? Why is this hearing so far away from me? And why do I have to deal with some crazy mum instead of a driver himself.
Any help or advise will be highly appreciated.
Many Thanks,
Kat

forgotmyname

And your insurance have said what about the incident?

tacpot12

Whose solicitor called you? And where is the court where the case is being heard?

waamo

This would normally be dealt with by an insurance company. Have you told your insurance company about the accident and who was deemed liable?

pinkshoes

KatKania wrote: »

Hi Everyone,


I need a little bit of help to understand my position. I’m at European so it works a little bit different in my country.

Basically last June a young 17 year old boy drove into the back of my work vehicle (while I was working). I was turning away and slowing down to leave at the junction. I called the police but it’s then when I found that they don’t usually come etc. Nothing serious happened to us. The boy smashed his mum turbo charged car and called for his dad for help and all.

Couple months ago I got a later that his mother is taking me to court to Small Claims Court. They come up with a right story that I apparently changed lanes in last minute and wasn’t indicated or turning away of a junction (which I was). Anyway today I had a call from solicitors that the hearing is 5hrs away from where I live and I need to get there for 10am or the case will be filled in her favour.

It’s a bit of drive away and a cost to me so I’m just trying to find out what my options are. Is my simple statement “I was turning left and slowing down while he drove into back of me” enough to fight against that “she changed lanes and I didn’t see her van”?
PS I was driving a Luton so I have no idea how he couldn’t see me indication or turning left.

So any advises out there? Why is this hearing so far away from me? And why do I have to deal with some crazy mum instead of a driver himself.
Any help or advise will be highly appreciated.
Many Thanks,
Kat

This should have been dealt with by your insurance company.

MUCH more detail needed.

When you received the court letter, what did you do with it? Did you respond? what did the letter say?

Did you receive a letter before action? (Before the court letter)

You need to:

1. PHONE the court. You can normally get the hearing moved to your local court.

2. PHONE your insurance to find out why it hasn't been dealt with.

Are you sure this isn't some sort of bogus claim?

Rosemary7391

KatKania wrote: »

Hi Everyone,


I need a little bit of help to understand my position. I’m at European so it works a little bit different in my country.

Just to confirm, this is a UK court? England, Scotland ...?

kotek

The accident was in the company car and company insurance is dealing with it.

The court is in Blackwood in Wales and I live in Sheffield.

Legal firm BLM which represent the company insurance got in touch with me that I have to attend the court.
5 months ago I got a court papers that his mum is taking me to court to prove that I was at fault with the accident.

I expected the insurance to deal with it and don’t hassle me at all but somehow it almost turned personal now. They told me that now that hearing will depend on the insurance(s) to agree who’s at fault.

kotek

I respond do it and I was told to send it to the company solicitor and they then submitted my defence.

I called the solicitor today and he said they can’t move it and I have to pay from my own pocket to get to Wales. He also said that other side refuses to move the place of hearing.

I can call the court tomorrow - what should I say?

I am pretty sure that she is trying to get it as far away from me so I can’t attend. As I was told before she was relying that she will scare me off and I don’t reply to court in time etc which I all did.

kotek

No I never got the letter before the court action. All I got was court papers.

kotek

The last thing I forgot about - the accident took in place in Cardiff while I was working over there. Does that change anything?

The company insurance is Ageas - should also call them tomorrow?

I found those court details online -
Blackwood Magistrates and Small Claims Court William Street Blackwood South Wales NP12 0NX Wales 01633 645000

I could really do with moving this close as I am also pregnant and not advised to travel that much in one day.

kotek

The Letter stated that this woman is suing me over £1700 and then loads of reasons why they believed I was at fault of the accident - like i failed to steer or indicate

Then I've sent the letter to BLM the company solictors and then had to sign the defence.

Last year there was like an independent person to take a statment from me for insurance about what happened.