Car insurance company want to go to court
I would like to ask about a insurance claim I made regarding a accident that happened last september.
Basically I was parked on a residential street that is a dead end, there were cars parked on both sides of the road so only one car could be on the road at any one time. The position I was parked meant that I would need to pull out and then reverse to out as I couldn't turn round at the end of the road.
I got into my car did all my checks and pulled out, the car parked directly behind me had also go into his car at the same time, as I was reversing at under 5mph the other driver pulled out into my car. The damage is on my right rear bumper and this his front left.
The damage has all been fixed by my insurer, so I left the two sides to fight it out. However last week I received a letter from the other parties insurer saying I needed to pay £1400 in costs or they'd take me to county court. I rang my insurer and they said that the case was still open and I should send then a copy of the letter, which I did.
I have just had a call from my insurer who said they want to take the case to court as I have a very strong case, there was only one witness although that is my girlfriend who was waving me good bye.
I've never been to court etc so don't know what to expect, will it get to court as my insurers have said that the other parties statement is very different to mine and he also contradicts himself!
First of all, it's unlikely to go to court - the companies usually settle before then to save costs. If your guys think you've a good case, the other side may be trying it on and if so won't want a trial.
However, it may. If it does, you will be called by a witness and will be asked questions by lawyers for both sides, and possibly the judge. The other side's lawyer will try to find inconsistencies in your evidence, so just stick to the facts and avoid giving opinions.
The fact that the only witness was your girlfriend doesn't rule out her testimony.
Above all, don't worry about it. If you do lose, it will be the insurers who pay.
Would that covered by Legal Expenses part of other parties car insurance?
As said - these cases rarely end up in court. It's a bit like two stags making a lot of noise and rattling their antlers until one decides he can't win and slopes off.
If, in the unlikely event you do get to court - the rules are simple. Turn up on time, dress presentably (not necessarily a suit and tie - but shorts and a string vest would be a no no), speak clearly and tell it like it happened - no embellishment or diversions (they don't need to know where you were going or why). Treat the whole thing as a new experience.
If you have never been to Court before, see if you can make time to go and sit in the public gallery and watch. It is a real eye-opener, and will give you some idea of how the Court system works.