What to expect in court for car accident

BlandSalad

My partner had an accident a while back where someone reversed into the side of their car. It's been with a claims management company and now my partner is due in court tomorrow as no agreement could be reached on the liability. Both sides have submitted witness statements from the drivers and now it will be for the judge to decide the outcome.

There's no personal injuries being claimed just damage to my partners car and hire car charges. 

My partner is a shy person and suffers with anxiety so I'm doing my best to help her them but wondered if anyone has had a similar situation and could perhaps share some insight of what to expect to help me to ease the stress?

All we want is for this to be closed off so we can move on no matter the outcome.

Herzlos

They'll likely just be asked to confirm their version of events and then the insurance company reps will argue it out. They may try and claim she wasn't trying to be reasonable with costs of the hire car but she just needs to say that she used the recommended company and the costs were out of her control.

It's also hopefully going to be settled before it gets to court, once someone folds

DullGreyGuy

Your insurer/their solicitors should be able to advise you on what is happening. There will be a Directions form submitted by both parties which a Judge will use to determine how they think the case should be dealt with and in which level of the court. In a straight forward low value case it can be judged purely on written submissions rather than needing a hearing potentially. 

If it does go to a hearing it will almost certainly be heard in the judges chambers (aka office/meeting room) rather than a court room. It's very much like a business meeting with people dressed fairly formally but no significant pomp and ceremony (no wigs, gowns etc), no witness stands etc just the two parties on each side of the table and the judge at the head. 

Very few cases actually end up in court, in most cases a deal is struck before the hearing. 

BlandSalad

Thanks for the replies. We did end up having to go and it was similar to what has been said in the comments but thought I would add some more insight of what happened in case it is useful for anyone else in the future.

Essentially the defendants barrister asked lots of questions to my partner about the accident and then our barrister did similar to the defendant. We were expecting to have to say out the version of events but it was mostly questions very much to the point which didn't need long answers.

The judge asked a few questions where they wanted more info. Both sides barristers then made their closing statements then the judge made the decision. Costs were then agreed between both sides and that was it.

DullGreyGuy

BlandSalad said:

Thanks for the replies. We did end up having to go and it was similar to what has been said in the comments but thought I would add some more insight of what happened in case it is useful for anyone else in the future.

Essentially the defendants barrister asked lots of questions to my partner about the accident and then our barrister did similar to the defendant. We were expecting to have to say out the version of events but it was mostly questions very much to the point which didn't need long answers.

The judge asked a few questions where they wanted more info. Both sides barristers then made their closing statements then the judge made the decision. Costs were then agreed between both sides and that was it.

The judge already has the written witness statements from you saying what happened, they'd be unimpressed with barristers asking you to repeat what the judge has already got and wasting the courts time and especially in Small Track. 

chrisw

Well, who won?

BlandSalad

My partner did. The other sides version of events and points in their statement were implausible as the judge said where as my partners was consistent and aligned with the evidence such as photo's at the time of the accident