court case

[callam_nffc]

eventually got my court date through for the 3rd of march

its due to some dopey cow driving into me 18 months ago, I assume it's to settle liability etc at last

but I'm wondering, if any of you have been unlucky enough to be in a similar situation, what actually happens? I've no idea what to expect
will it all be settled once and for all on the day?

[parkergb6]

Is it at a magistrates or a civil court?
If its magistrates then its a prosecution I guess against the other driver for something like driving without due care.
If its a civil court it will be to settle liability etc.

Different processes for each court.
Both will normally give you a result the same day unless there are outstanding inquiries.

[callam_nffc]

county court mate, so I'm assuming that it's a civil matter

[parkergb6]

Yes county is civil court.
It will be to either decide liability or a settlement figure if one hasn't been agreed on.
I'd like to think your solicitors would have advised you but if not ask them.
Normally you will go into court and say your bit as will the other party and the insurance companies rep will say their bit and Judge makes decision.


A lot of the time this is all sorted before going into court so hopefully all sorted before then.

[Fireman on a Storm]

If it's anything like my claim 7 years ago, the day before you go to court the other side will start making offers to your solicitor to settle out of court

[agentpineapple]

If it's anything like my claim 7 years ago, the day before you go to court the other side will start making offers to your solicitor to settle out of court

same here mate.....
if they set every court date 12months after the accident, most claims would be settled within 364 days...

[callam_nffc]

fingers crossed ay

cheers fellas, well at least I can't be any worse off insurance wise, having a pending claim shafted me this year

[Kev L]

Good luck with it Callum

[Watty]

Good luck with it Callum

+1, hope all goes well mate

[Jamoi]

Good luck with it Callum

+2!

[callam_nffc]

cheers lads, even i can see where her statement is wrong so hopefully a barrister will rip holes in it

if I end up with any money in might buy an sp1/2

[Virt]

if I end up with any money in might buy an sp1/2

Nahh. you wouldn't like an SP, you can buy me one though. I'll give you my 'storm for it

[callam_nffc]

I'll soon moan about the comfort and sell it, being the grand old age of 24 ay virt

[firestorm1997]

My Wife had to go through this process when her car was written of by some t**t on a roundabout.
He denied it was his fault and my wife refused the 50/50 route.
Court found in wifes favour so it was worth doing....

[Anotherbikerbabe]

It took 2 years to the '8 weeks to court' stage when the 'other side' finally made serious offers to dave for causing his lifelong injury after a stupid 18 yr old on a bike straight lined the bends on our semi rural roads where lived in Scotland. He was local,knew the road n hit dave almost head on even though Dave swerved almost into a hedge to avoid him. The kid had what the cops call ' Target fixation' and either froze or just didn't see him. Either way, the kid nearly died, as he was thrown 50 foot down the road and knocked clean out.

He was clearly on Daves side of the road, he bust his pelvis, arms and had facial injuries YET he wouldn't admit liability, said "He couldn't remember any of it" and it went on via our very good Partner of the Law firm and at first the other side offered a miserly £5k..not likely.. Yet all the time, despite his injuries, did he try to make a claim for compensation.. That is an admission of guilt in itself in my book. If I had injured to that extent and KNEW it wasn't my fault, I would bloody scream it from rooftops.

We never heard from them again for at least 18mths, but in that time, Dave had 2 separate Independent Specialist reports prepared about his injuries, particularly his foot which was broken right through the middle and nobody picked up on that for 18 weeks! When he still complaining about his foot and asked for a second X-Ray, they sh1t themselves, kept ringing the house and asking him to call the hospital, he should have had an operation..

Neil and PeteL will remember, THE very next week AFTER the crash, and dave saying his foot was sore and couldn't zip up his boot, we were riding around Wales/Hereford and Dave never had a clue his foot as badly damaged as it had not been flagged up initially.

So the little oink was still in denial, it got the the point where there are, by law, certain cut off dates for settlements before it definitely goes to court. We were fast approaching I think 3 weeks before the court date when the offers started in over 15k. They started panicking knowing full well we have all the photos of it on the day, all the evidence pointed toward the kid being to blame( which he was) and in the space of 24 hrs they upped their offers significantly, then last min, they offered another 5k on top the DAY before the final day offering was to be the closing time on that window and court date for sure...

So hang on, it will work out and do not take the offers unless your brief knows for dead sure, that is the best it is gonna get. It worked in Daves favour as his brief said he probably got more than the court would have paid in the end and on top of that, the brief sued the NHS for neglect, which they held their hand up to immediately and paid him £5k for letting him go 18 weeks on a broken foot that should have been operated on from day one and wasn't picked up! Life long injury but he's alive!! He is still sore now, will never be 100% in that foot again and from being Army fit and running Snowden Marathon and Ultra marathons plus 100k run for 'fun' to never being able to run again.. Devastating for him really..

You can see how the helmet almost came through the windscreen!! All of that from a 400cc bike doing over 80mph on a B road through bends and having no concern for life or limb. He was tootling along doing 50 in his little learner car, thank GOD nobody was having a lesson!


Think it's safe to say who was travelling on the correct side of the road!! Dave tried to veer towards the hedge to try to avoid him as he could see him coming dead for him. Good luck with your claim and dig your heels in if you know you were bang on in the right!