Small Claims Court - Help to understand

glider3560

If you had responded to the court papers, or passed them to your insurance company, you could have got the hearing moved nearer to home or had your insurance company attend on your behalf.

unholyangel

KatKania wrote: »

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.

The court will be the claimants local court. It won't be that she's trying to purposely be so far away from you.

If its a long drive then perhaps ask if someone else can drive you (so you can catch a few hours sleep on the way and they can do the same while your case is being heard) or consider staying overnight or getting the train/a bus?

Were photos taken of the damage? If his version was true, he would have hit you at an angle. If the damage was straight on then that supports your version. I've used a similar argument before to help someone else defend in similar circumstances, the other driver was alleging sudden manoeuvring from a courier in a works van when actually...they'd went straight into the back of the courier.

If the damage is straight on then there's also the additional point that high sided vehicles (assuming you don't mean a car derived van) are unlikely to be able to so sharply and quickly change lanes and get perfectly straight again in less time than the other driver would have to react.

You can also hopefully get a list of your scheduled deliveries for that day which would perhaps help evidence that you most likely were leaving at the junction.

You will likely find that you need to attend otherwise your insurance won't cover you (its usually a term of your policy). You should be able to request some costs if the case is found in your favour.

Have you told your insurer you're pregnant? By not advised to travel that much in one day, do you mean your doctor has told you not to?

DoaM

EVERYTHING should be forwarded to your (company's) insurer. Your (company's) insurer should be covering any expenses for you to attend court.

kotek

I asked the insurers and the legal company several times to move it only to find out today from they that I still have to travel to Wales. So no idea why it wasnt moved.

kotek

No but I can go to doctors to support that long travel is not advised.

Yes, photos were taken on the day and the same thing is on my defense papers. That if I did that strange manuver he would hit me on the side not right on the back into the tail lift.

Yes, it was a Luton van with a metal tail lift.

So is there a chance to move it closer? I suppose I will find out by calling the insurers and the court. I did made a mistake by contacting the legal company and not the insurer as well.

Thank You all for your support and replies. I dont feel as panicked anymore.

pinkshoes

KatKania wrote: »

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


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.

So when you received the court papers 5 months ago, WHEN did you respond?

(Did you respond 5 months ago, or very recently?)

Normally when you put in a defence, the court hearing would be moved to the defendent's (YOUR) nearest court.

I would phone the court tomorrow as early as possible, tell them that you did NOT receive a letter before action from the claimant, that the insurance company has already proven you to be NOT at fault and you have evidence of this, and that you are (heavily) pregnant so would not be wanting to travel so far given the case is clearly ridiculous.

kotek

I responded five months ago. I was informed that the court would be most likely close to me. Only today I phoned to double check a few things and the legal company told me I have to go to Wales.

From my knowledge, the insurance companies are waiting for the conclusion of this case to decide who's at fault.

I will call them tomorrow morning though and say that I did not receive the letter before the action and that I can't travel that far due to pregnancy.

I will be calling the insurance company after that to find out why all this happened this way.

Thank You

pinkshoes

Did you get anywhere today with the phone calls KatKania?