Car Insurance Court Case - what should I expect?

shazzy67

I was involved in an accident well over a year ago and the lorry driver who hit my car (in my view he was at fault and my insurance agree with me) has now claimed his colleague has claimed I was on my mobile (it was a delivery lorry and no I wasn't using my mobile bloody cheek).

I just wanted to know what to expect? They have now contacted me stating they are offering a 50/50 liability offer but I know damn well this was his fault!

He was part of a 2 man team (he being the driver) and in his statement he claims his colleague claims I was on my mobile (he can supposedly see a mobile phone which I wasn't holding!!!!! but not my !!!!!! car!)

I just wondered what to expect in court (I've now been appointed a barrister) and what could be the worst case scenario in this (never ever been to court in all my years)!

So annoyed by all this, put it this way if it had been a cyclist they would have been under his wheels!

MovingForwards

It's an informal set up, nothing like the criminal courts you see on TV.

It's held in the judge's chambers and s/he normally wears a suit.

You will meet your barrister (s/he will be in a suit) before entering the room, have a chat and you will clarify anything that the barrister asks you. Sometimes the person preparing your statement misses a detail as it wasn't said when they were taking your statement.

I'm assuming you have taken photos of the location and drawn plans to show obstructions bothin the road, traffic lights, vehicles before the accident, on the run up to the accident and at the time of the accident.

The judge sits at the end of the table. You and your barrister will sit to the one side of him/her, the defendant / witness / any representation will sit opposite you.

You explain what happened, as per your witness statement, the defendant / witness explain what happened as per their statements.

The representatives give the legal speak,point  out the flaws in their opposition's statements, refer to relevant case law.

The judge asks questions, if something wasn't clear or s/he wants additional information.

S/he then has a think, reads through notes and makes a decision.

It could go any way eg 100% to you, to him, it could go split 50/50, 66/34, 75/25 to you / to either side. It's based on the balance of probabilities, who's version sounds more likely and the damage to the vehicles. (Without knowing more info, it's hard to give you any indication).

50/50 offer is quite standard in these circumstances. (This is something your solicitors should have advised you on)

Dress smart, not jeans/t-shirt, simple black trousers and a shirt if you have them. Address the judge as Sir / Madam.

This is something your solicitors should have covered  (I used to send template guidance to clients when it got to the stage of court proceedings).

I'm referring to them as your solicitors, but more than likely it will be a paralegal, part or full qualified CILEx, with a solicitor overseeing the who team.

marlot

It's good that your insurance company are prepared to go to court and challenge them.

Aretnap

shazzy67 said:

I just wondered what to expect in court (I've now been appointed a barrister) and what could be the worst case scenario in this (never ever been to court in all my years)!

The worst case scenario is that the judge believes the lorry driver and/or his colleague rather than you, and rules in favour of the other side. This basically means that the claim would go down as your fault for insurance purposes. You still get your repairs/car paid for (assuming you had comprehensive cover) but you wouldn't be able to claim your excess back from the other side, and your no claims discount might be affected. Beyond that it's mainly a question of which insurance company ends up paying.

It's a civil court not a criminal one so if you're worried about being fined or getting points on your licence then don't - that's not going to happen no matter how badly things go.

AnotherJoe

get you get your mobile phone records for that day. They should show what Time you made calls not sure if you can get the phone Co to produce received calls as well 
also, would being on your mobile make any difference in the circumstances here? If not you can say even if you were it's irrelevant. 

csgohan4

As above I would get the phone records, I wouldn't say 'even if you  were' it may imply guilt,  I would say 'hypothetically' or if another driver was in this position to deflect any potential guilt, may not matter to be honest, but ask your solicitor

AK36

I have recently been to court over a car accident. It wasn't my fault but the third party disputed liability. 2 years later it ended up in court because my insurance were satisfied that there was a high chance I would win the case and the third party's insurance were ignoring all contact from my insurance.

On the day I was asked to arrive 30 mins before the hearing time to meet with my barrister. You go to an interview room and discuss the case. They are already familiar with your evidence and the facts in your case but it's just to clarify any main points and have an informal chat before the hearing.

You are then taken to a waiting room where the defendant will also be. Although the hearing was listed to start at 10am we didn't get called for a good few hours after that because the court list more hearings than they can realistically get through on the assumption that some people won't turn up and some cases will get resolved before the hearing goes ahead.

My case went into a proper court room and I had to sit in a witness box when giving my evidence. The defendants barrister was then able to cross examine me. My barrister also asked me some questions to help prove my case. Once I had given evidence the defendant was called up and my barrister cross examined him. After all evidence was considered by the judge he gave his judgement instantly, we didn't have to wait and he took about 10 minutes explaining the reasons for his judgement.

If it's any reassurance, it wasn't as bad as I thought it was going to be. The judge was nice and not intimidating at all. As long as you answer the questions accurately and are respectful of the court and defendant at all times you will be fine. I found the thought of it very daunting at first and even considered settling so I wouldn't have to go to court but In the end I could t bring myself to settle as the defendant was lying and the whole situation has already cost me enough money! The hearing took around 30-45 minutes I think and then the defendants insurance company were given a deadline to make payment by. They were also ordered to cover the court costs and my travel expenses.

Hope this helps! If you have any other questions I will be happy to answer.

Browntoa

A friend of mine had one , the other party backed down at the last moment.

I helped them compile an assortment of photographs and drawings of the accident site and damage to the vehicle ( side door damage on her vehicle , the other car had pulled out of a side road and hit them ) 

We assume the other legal team saw this and knew they would lose