Non fault Insurance Claim - Going to court

[ljrees83]

Re: Non fault Insurance Claim - Going to court

I just wondered why they would dispute such a small amount? they arent questionning any of the other charges I have submitted.

As far as I am aware they applied for the judgement to be set aside 4 weeks ago, and it is now in the hands of the county court to decide on the next course of action. Could the judge look at the case and decide it isn't something they are going to win and award in my favour without a trial?

[des8]

Re: Non fault Insurance Claim - Going to court

The court do not have to agree to the set aside application, even though your solicitor has indicated agreement.
THe application should have been made promptly, ie within a few days so the court may reject it on those grounds alone.
Also if the court does not consider the defence as being viable they may reject it.

Nothing for you to do except sit and wait!

[ljrees83]

Re: Non fault Insurance Claim - Going to court

Des8 is there a way to pm you?

[des8]

Re: Non fault Insurance Claim - Going to court

To send PM go to top menu bar and click on "my profile".
Next click on "send private message" on left hand side of page.
Insert recipient's mo****r in "recipients User" box

Whilst I have no objection to a PM do be aware that this site advises against this for both parties protection, and also for the poster to obtain the widest advice open forum is best.

[ljrees83]

Re: Non fault Insurance Claim - Going to court

Ok not to worry was just going to send you a copy of the other parties defence. It basically says I was to blame for the accident and I was driving without due care and attention. This is absolute rubbish! Can the court look at the defence and my statement and decide on an outcome without a trial? Although I am confident in my innocence I would rather avoid a trial due to it causing anxiety.

[des8]

Re: Non fault Insurance Claim - Going to court

Was this case tracked to small claims ?

If it is being dealt with as a small claim, you can advise the court in writing at least seven days prior to the hearing you will not be attending and request the judge decide the case on the basis of your documents. However that is not to be recommended.
Whilst it is appreciated that court might seem daunting, the small claims procedure is relatively relaxed .
No wigs, and generally in a side room with the parties sitting round a table.

If it is not small claims, presumably your solicitor is accompanying you.
If you don't attend your witness statement will most likely be treated as hearsay evidence only.

Presumably your solicitor was appointed by your insurers, who are running this claim.
You need to consult with your solicitor about this.

[ljrees83]

Re: Non fault Insurance Claim - Going to court

It's at a county court so not sure if it's small claims or not. I just want this over with now and and can't believe she is blaming me for this, it is clear that it wasn't my fault! I have been asked to take photos of the road and submit a diagram that will be used in court.

[des8]

Re: Non fault Insurance Claim - Going to court

Have you been sent documentation directly from the court or has it gone via your solicitor?
Who has asked for the photos and diagram?

Is your solicitor local to you, or a large remote organisation appointed by your insurers?

Either way I would strongly suggest you speak to the solicitor and advise them of your concerns and anxiety and ask your solicitor to advise you of the procedures
If you cease to cooperate with your insurers, they will not be happy.

It might be worth your while to find out to which track your case has been allocated, and visit your local court to see what happens.
It might settle your nerves!

[ljrees83]

Re: Non fault Insurance Claim - Going to court

I've been allocated a solicitor based in Newcastle, they have been appointed by my insurance company. It's my solicitors that have requested the photos and diagrams.
Here is what the letter from my solicitor said -I have now received the Defendant's defence, a copy of which is enclosed, setting out exactly what aspects of your claim they are disputing.

The defence is the Defendant’s formal response to your claim and sets out precisely what parts of your claim the Defendant admits or denies. Although the defence briefly explains why the Defendant is not prepared to deal with your claim at this stage, it may only be at a later stage, after further evidence is exchanged, that we fully understand the position taken by the Defendant and whether that position is justified.

As you will see the Defendant denies liability for the accident and I should be grateful if you would read through the defence carefully and let me have your written comments in response to the Defendant’s allegations.

The defence is intended to set out, precisely, the Defendant’s position and supersedes any points or concessions that may have been made before. Usually the defence sets out the Defendant’s final position, although the Court can subsequently allow any part of a Defence to be amended. If there should be an amendment to the defence at a later stage, I will advise you further at that point.

Your case will progress as follows:

1. The case will be automatically transferred to be heard at either the Defendant's local County Court or the County Court nearest to the accident site. This is a Court Rule.

2. The Court will request information from us and the Defendant as to how this matter should move forward, and this information is provided in a questionnaire that I will file at Court. Upon receipt of the questionnaire the Court will issue directions as to what must be done before your case is heard. This will generally include the disclosure of any documents that support your claim, the exchange of your statements including, if relevant, any witness evidence and the disclosure of any expert evidence such as the medical report. Some times, and usually in more serious cases, the Court arranges a telephone case management conference so it can consider the views of the parties before setting directions. As liability is disputed then I will also be required to provide the Court with a sketch plan and photographs showing the accident location. I should therefore be grateful if you would provide me with two sketch plans, one of the accident location showing no vehicles (only the road layout, any road markings and signs) and the other showing the full accident scene, including the presence of any parked vehicles or obstructions. Ideally these should be on A4 size paper and in colour since they will be used at the hearing itself. Please also provide us with a selection of photographs of the accident location, showing the area from the perspective of both drivers (an additional set of photographs would be helpful). You should obtain a receipt for the cost of the photographs and forward this to us. We will attempt to recover this amount at the hearing, although it is not always an expense, which the court will award. Failure to provide these documents/photographs may prejudice your case.

3. In addition to giving directions, it is likely the Court will want to identify the time during which a hearing date will be arranged. The Court may either make an order for what is know as a “trial window”, which will indicate when the hearing will take place without actually fixing a date. In the alternative, a Court may even fix a hearing date. Accordingly, so that I can ensure that any hearing date, or time within which the hearing date will be arranged, is convenient to you, please let me have any dates within the next 6 months when you are not available to attend court. Unfortunately the Court waiting lists are unpredictable and we can do nothing about this.

There will be no further developments until I receive a directions order or a Notice of Hearing date from the Court and I will write to you again at that time.

[des8]

Re: Non fault Insurance Claim - Going to court

So it would seem the case will be allocated to Fast Track.

Just follow your solicitor's instructions. He will have done this many times before.
As he said you will have to write a witness statement. This is the story of the incident from your perspective.
As it happened 20 months ago, if you haven't already given them fullest details, it might be worthwhile jotting the details down now, and adding to your notes as more comes to mind.
This will ensure your statement is as all encompassing as possible.

Your solicitor is in Newcastle..... not near you?

Is the defence a complete fabrication?

[ljrees83]

Re: Non fault Insurance Claim - Going to court

They already have my witness statement and that of the independent witness I have that stopped at the scene. No I am based in Bedfordshire! I only have very irregular contact with my solicitor hence coming on here with unanswered questions!

Yes, her story is a complete fabrication. She swung too far round the corner and her car impacted mine on the right front wing and then travelled all down the right hand side before coming to a halt. She was so close to me I couldn't get out of the car. She admitted liability at the scene and the witness saw the whole accident. The engineers report also says that it want my fault due to the damage on both vehicles.

[des8]

Re: Non fault Insurance Claim - Going to court

It is likely that your solicitor will redraft or rewrite your statement in the format required by the courts(cf Practice Direct and submit it for your signature.
At this point you will be able to correct any inaccuracies or alterations that have inadvertently crept in.

Unfortunately it is not a quick process and your solicitors will not initiate contact unless they deem it necessary.
However you should be able to contact them whenever you feel it is necessary

[ljrees83]

Re: Non fault Insurance Claim - Going to court

I always feel I am bothering them as he is so busy! I've done the final draft of the statement and other documents, it's just the photos I need to provide now.

[des8]

Re: Non fault Insurance Claim - Going to court

Tough on him... he gets paid!!!

[ljrees83]

Re: Non fault Insurance Claim - Going to court

That's what I thought! This whole situation has really opened my eyes to how many people must lie and cheat the system, however when I'm telling the truth I'm treated like a liar!