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Car accident...going to court
12 Answers
Hello- i was involved in a minor RTA 15 months ago and now, due to disputed liability, am going to court- he crashed into me- and 5 days later came up with an 'independant witness'- and he says it was my fault. I am scared stiff about going to court- i've never even been in a police station never mind a court building.
The guy who hit me was aggressive towards me after the crash and i'm a bit scared about seeing him again- will they read out my address? i've moved since the accident and dont really want him to know where i live.
Any advice welcome... thanks
The guy who hit me was aggressive towards me after the crash and i'm a bit scared about seeing him again- will they read out my address? i've moved since the accident and dont really want him to know where i live.
Any advice welcome... thanks
Answers
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It depends Sara. In the Mags Court you are not normally asked for your address (it always appears on the back of the witness statements and the reverse should never be copied to defence). In the County Court your address MUST appear in the witness statement and you must give your full name, address and occupation. Unfortunately, there is no witness care in the CC. When benchmarrow comes back with the details of the court, I'll give her chapter and verse as to what will happen (cut my teeth on these type of cases!).
Right, I am assuming your insurance company are paying for you to be represented - normally by a barrister.
Be sure to be at court at least 30 minutes early to discuss the case with the barrister.
you will go into court, which is normally the Judge's chambers (sometimes it may be a proper court room, depending on what accommodation is available in your local courts). he will sit at the end of the table. The barristers will sit in the seats nearest the judge and you will sit next to your barrister.
The Claimant goes first. he is asked to confirm his name, address and occupation, confirm that he made the statement in front of him and confirm that it is true. The Claimant's barrister may then ask ancillary questions. After that the Defendant's barrister will cross examine him. He will test the claimant's case and put the Def's case to the claimant. Generally it is done politely and with courtesy (or it jolly well ought to be), but ultimately, the barrister will be trying to trip up the claimant or confuse him. After the Defendant's barrister has finished, there may be some reexamination from the Claimant's barrister, then the Judge may ask some questions.
Then the Claimant's witnesses follows the same procedure.
After that, the Defendant goes in the same way.
Once all the evidence has been heard, the barristers will make short closing submissions and the Judge will give him judgement.
Remember to tell the truth, if you don't understand a question, ask for it to be rephrased. Take time to think of your answers and speak slowly and clearly in response.
Continued.
Be sure to be at court at least 30 minutes early to discuss the case with the barrister.
you will go into court, which is normally the Judge's chambers (sometimes it may be a proper court room, depending on what accommodation is available in your local courts). he will sit at the end of the table. The barristers will sit in the seats nearest the judge and you will sit next to your barrister.
The Claimant goes first. he is asked to confirm his name, address and occupation, confirm that he made the statement in front of him and confirm that it is true. The Claimant's barrister may then ask ancillary questions. After that the Defendant's barrister will cross examine him. He will test the claimant's case and put the Def's case to the claimant. Generally it is done politely and with courtesy (or it jolly well ought to be), but ultimately, the barrister will be trying to trip up the claimant or confuse him. After the Defendant's barrister has finished, there may be some reexamination from the Claimant's barrister, then the Judge may ask some questions.
Then the Claimant's witnesses follows the same procedure.
After that, the Defendant goes in the same way.
Once all the evidence has been heard, the barristers will make short closing submissions and the Judge will give him judgement.
Remember to tell the truth, if you don't understand a question, ask for it to be rephrased. Take time to think of your answers and speak slowly and clearly in response.
Continued.
Thanks again- i havent actually got the summons yet- but was told on Friday that there is no possible solution without court- they said it would be within 3 months. I really don't want to go- I am scared- not just of him- but the whole court process- i know that sounds pathetic but i am shaking just thinking about it.
However riled or wound up you get, just answer the questions firmly and politely. Don't laugh or interrupt (I am not suggesting you would, but some people do and it loses the sympathy of the Judge).
Tell your barrister at the outset everything you can remember, whether it is relevant or not (he will decide on the relevancy with regards to the law and what he is seeking the prove/defend).
Be aware that people are often extremely aggressive after an accident because of the adrenaline rush. They quite often appear as agitated and rude, but in court will be pussy cats. Your statement will most likely have already been disclosed to the other side and it will have your address on it. You will never have to be alone with this chap and your barrister will take your concerns into account.
Try not to worry. The County Courts are nowhere near as intimidating as the criminal courts.
(PS, sorry for delay, emergency phone call!)
Tell your barrister at the outset everything you can remember, whether it is relevant or not (he will decide on the relevancy with regards to the law and what he is seeking the prove/defend).
Be aware that people are often extremely aggressive after an accident because of the adrenaline rush. They quite often appear as agitated and rude, but in court will be pussy cats. Your statement will most likely have already been disclosed to the other side and it will have your address on it. You will never have to be alone with this chap and your barrister will take your concerns into account.
Try not to worry. The County Courts are nowhere near as intimidating as the criminal courts.
(PS, sorry for delay, emergency phone call!)
The WORST that can happen is that you lose. If you lose, you lose your no claims bonus if you have not protected and your premiums will go up. You will also lose your excess. That is the WORST outcome.
If you really do not want to go to court, you could always try asking your solicitors to make an offer of 50/50, 60/40, 70/30. Or even concede liability (although I would not concede if you feel it is not your fault).
Please do try not to worry. The hearing will last no more than 1 1/2 hours (and you will be giving evidence for no more than about 20 -30 mins).
If you really do not want to go to court, you could always try asking your solicitors to make an offer of 50/50, 60/40, 70/30. Or even concede liability (although I would not concede if you feel it is not your fault).
Please do try not to worry. The hearing will last no more than 1 1/2 hours (and you will be giving evidence for no more than about 20 -30 mins).
Barmaid- thank you SO SO much for your answers here- you have really put my mind at ease. I have no intention of conceeding liability as it was not my fault- if it was i would honestly say it was. Besides i also have car hire charges sitting in the background (don't ask?!) and if i accept liability now i will have to pay for the car hire.........
I am going to court in a few weeks' time.
I am being sued for Personal Injuries, hire charges for a replacement vehicle and repairs to the bike.
There is one eye witness who says that the biker was driving recklessly and that he is 100% responsible for the accident.
I am anxious about having to attend court.
I have found Barmaid's account of what is likely to happen in court very reassuring.
I have made an appointment to visit the court a week before my Hearing, which I hope will make me less anxious on the actual day.
I hope it's okay to add to this thread, as it's where I found the useful information, and where I return every time I get worried or upset about going to court.
Thank you, Barmaid.
I am being sued for Personal Injuries, hire charges for a replacement vehicle and repairs to the bike.
There is one eye witness who says that the biker was driving recklessly and that he is 100% responsible for the accident.
I am anxious about having to attend court.
I have found Barmaid's account of what is likely to happen in court very reassuring.
I have made an appointment to visit the court a week before my Hearing, which I hope will make me less anxious on the actual day.
I hope it's okay to add to this thread, as it's where I found the useful information, and where I return every time I get worried or upset about going to court.
Thank you, Barmaid.
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