A long long time after the accident (years) my insurance company are taking the other driver to court. It was after all his fault. And they want me as a witness.
Only problem is the other driver has insisted that it's heard in a court at the other end of the country. Which will make it a very very long journey for me.
So currently I am down a couple of hundred quid excess, and I'm expected to take a few days off work and cough up for travel and probably hotel night.
All for a scumbag who should have just admitted it. I really wish I'd got the police involved at the time.
|
Worth it though, fingers crossed. In your place I would be tempted to see it through, although after the passage of years you may not feel like bothering.
When I crashed my Peugeot into a carphound of a salesman on the A24, I fully expected the police to prosecute the other driver for driving without due care and attention (unfortunately he was sober although exiting a pub car park onto a busy road in a singularly careless way). There were witnesses, two of who had rear-ended each other as a result of the crash and who were absolutely clear as to who had caused it, and how. Everyone told old bill what had happened (don't know what the culprit said). But when they said they weren't prosecuting, ball in your court, a vast boredom and distaste descended on me and I couldn't be bothered. But I was wrong.
Edited by Lud on 02/10/2009 at 18:28
|
|
Can you insist on expenses from your insurer? I'd have thought yes because they must hope to win and will then get these back from the third party.
|
|
|
He's probably guessing you won't bother and that way he's more likely to get off.
I've been there, turned up and when they realise, they plead guilty!
|
It would make it to much easier if they just told the truth. My dad caused a very nasty accident by accidently going through red due to a lot of circumstances which the police agreed with he didn't see it. My dad addmited it was his fault straight away and as a result the police did not prosecute him.
I would imagine my dads insuracers were not happy though, the bill for two written off cars, three ambulances, two police cars, two fire engines :).
The police said they thoguht the other driver had gone through on amber and would have had plenty of time to stop so I not sure if that helped me dads case. If my dad had denied it no doubt he would have gone to court and may have been given lots of points on his licence.
Is their anyway you could give evidence via a video link?
|
|
|
...I've been there, turned up and when they realise, they plead guilty!...
bathtub,
You have, perhaps unwittingly, given a concise summary of the criminal justice system in this country.
Doesn't sound like the OP is bothered about actually giving evidence, but he should turn up in good time, and make sure the lawyers know he's there, keen, willing and able.
Guilty plea could easily follow.
|
Or a request for an adjournment on the day of court to really hack you off!
|
|
Sounds as if it's more of a civil case rather than a criminal one - is that right ?
|
I had an accident a couple of months ago when some numpty in a works van came straight over the front of the vehicle I was driving.
If (more probably when) this goes to court, is it the policy holder or the driver that goes? Mrs ND is the policy holder and I was the driver.
I have had people look at the damage to our car and they all agree that I was hit but numpty is trying to say he was stationary.
|
|
yes Pug, obviously a civil case now. I don't suppose our friend even has to go if they don't want to. If the insurers have started the case then presumably they want our friend as a witness - in which case they'll have to pay, won't they? I guess they've paid out and are now seeking to recover some of their costs.
|
You should get your costs back if you win. Up to £50 a day for lost income or holiday entitlement, plus fuel and parking etc... Check the mileage before you go and keep receipts and take in with you.
In civil cases, the case is usually transferred to one nearest the defendant.
|
|
I don't think retgwte can 'win'. As he says, the insurers are taking the other party to court. Retgwte could politely decline to go, it's not his case.
|
|
|
If the claimant is making a dubious claim - nearer the court date they remember the actual event and perjury.
Sometimes as late as the evening before the case thought of a perjury conviction means claims are abandoned. 21 months in denial of events and then remembered 24 hours b4 appearing in the witness box!
|
yep its a civil case
i only stand to gain my excess back, about 200 quid or so
maybe my travel expenses if im lucky
and possibly my claims history back to a "no fault" rather than "in dispute", which since I'm supposed to have protected NCB (dont laugh I know its a con) will make marginal difference?
the insurance company have a lot more money riding on it
otherwise its a long long way to go in the name of principals
the scroat admitted it at the time, seemed nice as nine pence
after failing to give any evidence to his insurance company after all this time, him and his insurance company have now decided to defend it
a sham, complete sham
the legal system really stinks in this country
its all setup to help scroats
|
>>the scroat admitted it at the time, seemed nice as nine pence
I am amazed how many people tell me this, and that the scroat in question then claims to have been stationary etc.
I hope the insurance company will pay reasonable expenses and that your very attendance will cause the other side to collapse.
|
|
'Scrote' , derived from 'scrotum'. Not scroat, presumably similar to stoat, perhaps. Anyway, 'scrote' is an anagram of 'escort', as in Ford....
|
This is a civil case taken into court by OP's insurer's so, though I'm sure he's right, how can the driver being sued insist on the case being heard where he wants it?
If I had to take civil action against a geographically distant firm who'd sold me shoddy goods, say, I'd be doing it in a court local to me. Are we saying the firm could insist the hearing be moved to a court close to them?
|
"If I had to take civil action against a geographically distant firm who'd sold me shoddy goods, say, I'd be doing it in a court local to me. Are we saying the firm could insist the hearing be moved to a court close to them?"
In my experience, this happens automatically if your claim is against an individual. I have only made one claim against an organisation who was not local, and that was (surprisingly to me) transferred to my local court.
Their leaflet says...
"If you defend the claim, it may be transferred to your local court, i.e. the one nearest to where you live or carry on business, if different from the court shown at the top of the claim form."
Out of ten small claims I have made, 7 settled out of court, one (the council lost) and one (an ebayer individual) did not turn up and so lost.
I also with drew one against the council for speed hump damage during adjournment.
Edited by Hamsafar on 03/10/2009 at 12:21
|
In reply to Optimist's points.
Once upon a time all County Court process had to be issued in the defendant's home court. First check the staff made before issuing a summons would be is the propsed defendant's address in district. In a rural court with a vast hinterland of similarly named villages the bailiffs were the experts on which streets in Bogworth cum Undercliff were ours and which belonged to the next court down the road.
Later reforms, probably around 1980, allowed bulk issue in the Plaintiff's home court (one I worked in used to issue hundreds for a national dairy supplier) and later facilitated the launch of the bulk issue centre in Northampton. The Defendant however retained the right to ask for transfer to his home court on the rationale that it may be oppressive to expect him to defend a claim at the other end of the country.
Inevtiably expereinced defendants (or their weasley lawyers) can try and play the system.
Edited by Bromptonaut on 03/10/2009 at 15:52
|
experienced defendants
I'll have to remember that one, thank you Bromptonaut!
|
the legal system really stinks in this country
its all setup to help scroats
Not just before trial, even after they are convicted
tinyurl.com/y9aqh3e
This country is a joke, a laughing stock beyond belief.
|
|
|
|
|
|
