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Pittabre

Apparently I'm going to court

Pittabre, 22 August, 2014 at 19:47 Posted on Off Topic Posts 0 13

I had a car accident in March. The other driver wasn't pleasant and even turned up at my house (which was reported to the police). They say that it was an entirely my fault. At the time I didn't believe it was my fault but would have conceeded 50/50. Since the accident I have been back to the area and looked at the road and thought it wasn't my fault at all but would still have been willing to go 50/50. I at no point have accepted liability.

Anyway got home tonight to see a letter from a solicitor saying they represent my insurers and need me to fill out forms about going to court and my availability.

Anyone have any experience about this or can help? Will I have to go to court and be a witness and all that. I suffer from anxiety and the thought of all of this is churning me up.

I am supposed to be going on holiday tomorrow morning and will be gone for a week so don't know what to do or where to start☹️

13 replies

Latest activity by MissJag, 31 August, 2014 at 11:35
  • *Pugsley*
    Beginner March 2014
    *Pugsley* ·
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    I've been to court over a road accident, damage to cars but not to people (thankfully).

    My car insurance hired someone to represent me, and same went for the other driver. We went to court but it was more like being in a room with a large desk rather than a court room, the judge then sat at the head of the large table.

    Then we were asked to explain what happened and were cross examined. Stick to the facts & don't be tempted to sway away from them or tell a huge story when being cross examined as the judge doesn't care about the ins and outs. When I was being asked questions I mostly answered, 'yes, no, that's not true' etc etc

    It won't be as scary as you think but dress well to show some sort of respect to the judge (I wore a shift dress) as it's always better to be over dressed for these things than under.

    Try not to worry about it as I'm sure you'll be fine and it really isn't as bad as most people think... It's just that it's unknown.

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  • kimiu
    Beginner June 2015
    kimiu ·
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    They might be trying to scare you into backing down and admitting liability. I would give your insurance company a call when you can and chat to them. If you do need to go and you are sure it wasn't your fault, you have nothing to be afraid of. Nervous is fine. It shows respect for the seriousness of the place. Better to be nervous and truthful than a cocky so and so!!

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  • Pittabre
    Pittabre ·
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    Thank you both so much. The statement they have sent me to sign is a summary of my speculation of what happened on the night and doesn't make sense when I read it. I have only just read it because I was in too high an anxiety state to be able to read it until now. What do I do about that? The statements don't make sense to me and surely that will make me look a liar. The other driver had someone in the car with them, who jumped out and was abusive to me but am sure that will go against me as surely it will be there word against mine? And luckily it was jsut cars hurt and not people. But it must have happened at approx 5-10 miles an hour anyway.

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  • kimiu
    Beginner June 2015
    kimiu ·
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    Do not sign anything you are not comfortable with. You say you are due to go on hols today.....go and forget this. deal with it when you get back. You can start your reply with "your letter arrived while I was away hence my delay in getting back to you". It is August so it a reasonable thing to do!

    difficult to do I know but relax x

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  • 3d jewellery
    3d jewellery ·
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    Just remember this is the insurance companies arguing this out and using you as their witness. Worst case scenario the insurance pays the other guy and your premium goes up. This isn't a police charge you aren't looking at with a fine etc. At least it shows your insurance think you have a case or they would have just paid up. hard not to get worked up if you suffer from anxiety so maybe write a letter before you go away just asking for the statement to be made clearer.

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  • lc93
    Beginner September 2016
    lc93 ·
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    I went through this when I was 17 a few months after passing my test. I wont bore you with the details, but all ditto the others - the insurance company will deal with the solicitors etc and a representative will be provided for you on the day. Our room was a bit like a classroom. Big desk at the front where the Judge sat, me and my representative on one side, him and his on the other side at little desks, with other chairs/desks behind us for any other witnesses that we had brought with us. You dont have to stand up and testify or anything, all the witness statements and any evidence is submitted beforehand so the other side can see what's being said etc so you dont have to stand and sell your case or anything, but the judge and the representatives will probably want to ask you some questions about what happened and the statement. Like someone else said, dont get involved in long winded stories as the judge wont care, just stick to the facts. My opposition had made up their story (as it was a fraudulent claim for something I hadn't done, but I wont get into that!!) and it was clear that they'd made it up as the stories they were providing kept contradicting themselves. First they were at the window, then they reckoned they were upstairs, then the garden... they were really tripping themselves up. Just be honest, dont sepculate and tell the truth and dont panic. Like someone else said, it's not a criminal trial - the worst that will happen is you lose your NCB and your premiums go up a bit. I know it feels like a massive thing (and it did to me) but these things happen all day every day and it's not going to ruin your life or anything so try not to let yourself get too stressed.

    Re the statement, if you dont think it's accurate you need to let them know and don't sign it. Before my hearing the solicitors phoned me one evening to take down my tale of events, and then wrote it up and sent it to me for signing. All you need your statement to detail is when/where you were, what you were doing, were you trying to manouever etc, state that you'd checked your mirrors if you did, when you first became aware of the other car, how the impact occured, what happened after etc. Speculation is irrelevant so you're right not to sign the one they've sent.

    Feel free to message me if you've got any other questions or concerns xxx

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  • kharv
    Beginner March 2012
    kharv ·
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    When I had a bump my insurance company were very firm that I shouldn't respond to anything from the other side, even from their solicitors/insurers. I had to post everything to my insurers.

    I would definitely ring your insurance company and tell them what you've received.

    But go on holiday first!!

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  • MadamRed
    Beginner April 2017
    MadamRed ·
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    Definitely ring your insurers and tell them what you've received. My understanding is if there's a claim, their solicitors should be dealing with your insurers, not sending paperwork directly to your house. It could well be a scare tactic, especially if the other driver has already pegged you as someone who is worried by confrontation.

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  • Erin8
    Beginner June 2014
    Erin8 ·
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    This is exactly what l think. They are trying to catch you out l think and l would speaking to my insurer if l was you to see what they make of it.

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  • Peter
    Peter ·
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    Let your insurers deal with this. Under no circumstance reply to them without your insurers permission or you are potentially undermining your own insurers position.

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  • *Pugsley*
    Beginner March 2014
    *Pugsley* ·
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    Your accident sounds so similar to mine. A bump (although mine was a scrape) at 5-10mph and the other person being abusig towards you. I had the woman who scraped my car going ballistic at me and accusing me of taking photos of her children when I was actually taking pics of her wheel arch and wing mirror.

    I echo what others said about speaking to your car insurance. Do you get any legal assistance with your insurance?

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  • Pittabre
    Pittabre ·
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    Howdy all - back from holiday and other than one panic attack in the middle of one night I actually dealt with the anxiety over this really well -I'm having CBT at the moment and it is obviously working? I was able to rationalise and realise that the worst that could happen is that they decide it is all my fault and my insurance goes up, I'm not going to lose my children or our hosue over this. Sorry if that sounds strange to some but it is easy to get very frightened and when peopel tell you not to over think it isn't as simpel as that.

    With regards the letter as far as I can tell it is from solcitiors apparently representing my insurance company as part of my legal cover. However I will ring my insurance company on Monday to clarify. I am also going to take pictures tomorrow or where the accident happen to send to the insurance company and try to think how to rephrase the statement so that it makes sense.

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  • *Pugsley*
    Beginner March 2014
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    Perfect.

    I also took pictures to prove I couldn't have been the one at fault. I also think that by going back you might remember it more clearly and your statement will be clearer and more accurate.

    Really glad to hear you're thinking about this in a more positive light. You're completely right, the worse that will happen is that insurance will go up.... Not a big deal really at the end of the day, more of an annoyance!

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  • M
    Beginner November 2015
    MissJag ·
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    I often have to go to court - I am a Forensic expert. We do court training and in that they give us the following advice.

    Check your statement and make sure you are happy that it is accurate.

    Answer only the question put to you, do not be tempted to elaborate or go into further detail unless asked. If a one word yes or no answer will do use one word. Solicitors and Barristers will try and lead you off the subject in the hope you will start giving them extra to pounce on, just stick to the facts as you believe them to be true

    If you don't understand a question ask for it to be repeated or repeated in a different way until you understand what is been asked

    Think about your answer and do not me tempted to fill in pregnant pauses, barristers do this in the hope you will start adding things to what you have just said.

    Stay calm, pause and take a deep breath before opening your mouth.

    As another person has said dress smartly but in something you feel comfortable in. Make sure you know your way to the court and allow plenty of time, some courts allow witnesses to have a look inside them before they give evidence so you feel more comfortable.

    Your insurance company should provide a solicitor who will lead you through everything.

    GOOD LUCK

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