Court date for RTA?
Discussion
Hi all, I had an accident back in Nov 2015 and finally have my court date for April.
I have to attend, so could anyone tell me what will happen etc? Never done this before, he hit me from behind overtaking me when I was standstill (he undertook originally to cut traffic, cut back out and hit me with the trailer). Their argument is to give them more room, but I was standstill... if he didn't have the room, don't overtake? He went in to a left hand filter lane only and cut back in to get on the roundabout.
Regardless - apparently it WILL be settled on the day if it goes that far, she's fairly hopeful they'll offer a settlement before the court date. If not, what can I expect on the day etc?
EDIT: To add, a lorry driver hit me and the argument is over who's fault it was.
I have to attend, so could anyone tell me what will happen etc? Never done this before, he hit me from behind overtaking me when I was standstill (he undertook originally to cut traffic, cut back out and hit me with the trailer). Their argument is to give them more room, but I was standstill... if he didn't have the room, don't overtake? He went in to a left hand filter lane only and cut back in to get on the roundabout.
Regardless - apparently it WILL be settled on the day if it goes that far, she's fairly hopeful they'll offer a settlement before the court date. If not, what can I expect on the day etc?
EDIT: To add, a lorry driver hit me and the argument is over who's fault it was.
Edited by VISE on Monday 27th February 14:21
KevinCamaroSS said:
You imply it is you going to court as the defendant from your opening sentence. My assumption is that you are actually a witness for the prosecution?
Which is it?
No, a lorry driver went in to the back of my car. I was told I had to attend court etc, sorry - I'll clarify in OP.Which is it?
PurpleMoonlight said:
I assume they refuse to accept liability so you are suing them.
Any independent witnesses?
That's correct, yep two.Any independent witnesses?
However, nobody stopped AT the time, but we have a community page with 15,000 members (you know with people moaning about traffic etc). I posted there asking if anyone saw it, two people said they did but were on their way to work, gave statements etc specifying the exact time etc. My solicitor said they're all fine, state the date/time etc all fine, one was walking home from work and saw the police pull up shortly after so assumed they saw everything and walked home (they didn't witness it unfortunately) and the other was driving a car and was picking up his girlfriend from work so didn't stop.
Take a book, there will most likely be waiting around. I'm assuming it's your first time at court?
If so mention this when you attend, the people in witness care are brilliant and will answer any questions you have, even if you think it's a silly question. You should be able to have a look around the court before hand as well. I've always found then a lot smaller than I imagined them to be.
You'll be called to give evidence. The prosecutor (on your side) will ask you questions. I've always just been asked to confirm if it was my statement they are reading out. You'll be able to have a copy of this when you are waiting. Don't worry about trying to remember it off the top of your head, you'll be allowed to look at it.
Defence lawyer will try and make you look unreliable. It isn't anything personal, it's their job. If you need them to repeat the question or word it differently ask them. If you can't remember something say so. Don't lie.
This is assuming it's a magistrates court?
If so mention this when you attend, the people in witness care are brilliant and will answer any questions you have, even if you think it's a silly question. You should be able to have a look around the court before hand as well. I've always found then a lot smaller than I imagined them to be.
You'll be called to give evidence. The prosecutor (on your side) will ask you questions. I've always just been asked to confirm if it was my statement they are reading out. You'll be able to have a copy of this when you are waiting. Don't worry about trying to remember it off the top of your head, you'll be allowed to look at it.
Defence lawyer will try and make you look unreliable. It isn't anything personal, it's their job. If you need them to repeat the question or word it differently ask them. If you can't remember something say so. Don't lie.
This is assuming it's a magistrates court?
Ki3r said:
Take a book, there will most likely be waiting around. I'm assuming it's your first time at court?
If so mention this when you attend, the people in witness care are brilliant and will answer any questions you have, even if you think it's a silly question. You should be able to have a look around the court before hand as well. I've always found then a lot smaller than I imagined them to be.
You'll be called to give evidence. The prosecutor (on your side) will ask you questions. I've always just been asked to confirm if it was my statement they are reading out. You'll be able to have a copy of this when you are waiting. Don't worry about trying to remember it off the top of your head, you'll be allowed to look at it.
Defence lawyer will try and make you look unreliable. It isn't anything personal, it's their job. If you need them to repeat the question or word it differently ask them. If you can't remember something say so. Don't lie.
This is assuming it's a magistrates court?
Yes, magistrates court. Ah, that's a lot nicer to know, thank you for that. What do you mean unreliable? Is there anything in particular I should try to focus on so I don't get nervous on the day etc?If so mention this when you attend, the people in witness care are brilliant and will answer any questions you have, even if you think it's a silly question. You should be able to have a look around the court before hand as well. I've always found then a lot smaller than I imagined them to be.
You'll be called to give evidence. The prosecutor (on your side) will ask you questions. I've always just been asked to confirm if it was my statement they are reading out. You'll be able to have a copy of this when you are waiting. Don't worry about trying to remember it off the top of your head, you'll be allowed to look at it.
Defence lawyer will try and make you look unreliable. It isn't anything personal, it's their job. If you need them to repeat the question or word it differently ask them. If you can't remember something say so. Don't lie.
This is assuming it's a magistrates court?
I've been back to where it happened and taken a few photos to prove lorries can fit alongside a car as wide as mine etc as their whole claim is literally I should've given him more room. Shall I print these etc? Just like I have a photo of my car where it proves with a bit of common sense, that a car has hit it and dragged my car round and pulled the back wheel out... I couldn't have done that damage unless I reversed in to him.
Shall I print this off etc, or will they already have all that?
It also shows my bumper is actually behind my arch, so it's been dragged round and put behind my wheel... see the wheel is facing outwards from the back, which goes along with how I said my car was dragged round.
TBH - I don't see how anyone can look at the above photo and say it was my fault, how can I cause that sort of damage, it shows something has hit me. The trailer of the lorry caught the back of my car and as he turned it pulled my car round with it.
Edited by VISE on Monday 27th February 15:19
VISE said:
So basically yesterday, I was in the left lane to turn left on a busy roundabout, right goes right and middle goes straight after.
I was tucked in to the left lane and a lorry came past me on the right, I then braked as he did (couldn't see anything so I stopped), I then noticed him getting incredibly close to my car (at this point I thought he'd hit my wing mirror only)... just after he managed to hit me with the back of the trailer and take the back of my A45 out... including bending the rear axle and possible chassis damage. He was so close that it dragged my car up onto the kerb and kerbed all of my last hand side alloys.
NOW, he's trying to say I moved into his lane, but I have pictures of my light knocked off into the left hand lane as well as my rear driver wheel being pushed outwards as if it's been clipped on the outside. I'll attach a photo, but how could I have bent my wheel outward if I drove into him? Also note he kerbed both of my left alloys as I was that close to the kerb, and he also managed to push me up the kerb.
He tried driving off after but was stuck in the traffic so he couldn't. He wouldn't have none of my story and insisted if he was to drive into me, the whole side of my car would've been wrecked.
Pretty pissed off how it was a busy roundabout and nobody stopped, everyone just wanted to get round me... Regardless, it's over and done with now. But the police saw it too and didn't witness the accident, just me flagging them down.
I posted on our local community page appealing for a witness as it was a VERY busy roundabout. Someone got in touch and said they saw him take up my lane as well as his and sharp turned as if he was turning right, causing the trailer to whip round and hit my car. He also said he sharp braked onto the roundabout and someone slowly drove into the back of him, causing no damage. But this also backs my claim he braked then moved into my lane...
My insurance are trying to say I should pay my excess, and then they'll try to claim it back for me if I win the case? Regardless, you can clearly see he's hit me from my rear end and dragged my wheel outwards, how could I have done that I drove into his lane? But anyway, I don't think it's fair I should pay my excess then try to claim it back when it wasn't my fault and there's a witness to the fact.
Any advice on this one, or what do you guys/gals think of the situation?
I was tucked in to the left lane and a lorry came past me on the right, I then braked as he did (couldn't see anything so I stopped), I then noticed him getting incredibly close to my car (at this point I thought he'd hit my wing mirror only)... just after he managed to hit me with the back of the trailer and take the back of my A45 out... including bending the rear axle and possible chassis damage. He was so close that it dragged my car up onto the kerb and kerbed all of my last hand side alloys.
NOW, he's trying to say I moved into his lane, but I have pictures of my light knocked off into the left hand lane as well as my rear driver wheel being pushed outwards as if it's been clipped on the outside. I'll attach a photo, but how could I have bent my wheel outward if I drove into him? Also note he kerbed both of my left alloys as I was that close to the kerb, and he also managed to push me up the kerb.
He tried driving off after but was stuck in the traffic so he couldn't. He wouldn't have none of my story and insisted if he was to drive into me, the whole side of my car would've been wrecked.
Pretty pissed off how it was a busy roundabout and nobody stopped, everyone just wanted to get round me... Regardless, it's over and done with now. But the police saw it too and didn't witness the accident, just me flagging them down.
I posted on our local community page appealing for a witness as it was a VERY busy roundabout. Someone got in touch and said they saw him take up my lane as well as his and sharp turned as if he was turning right, causing the trailer to whip round and hit my car. He also said he sharp braked onto the roundabout and someone slowly drove into the back of him, causing no damage. But this also backs my claim he braked then moved into my lane...
My insurance are trying to say I should pay my excess, and then they'll try to claim it back for me if I win the case? Regardless, you can clearly see he's hit me from my rear end and dragged my wheel outwards, how could I have done that I drove into his lane? But anyway, I don't think it's fair I should pay my excess then try to claim it back when it wasn't my fault and there's a witness to the fact.
Any advice on this one, or what do you guys/gals think of the situation?
Edited by VISE on Monday 27th February 15:27
VISE said:
Yes, magistrates court. Ah, that's a lot nicer to know, thank you for that. What do you mean unreliable? Is there anything in particular I should try to focus on so I don't get nervous on the day etc?
I've been back to where it happened and taken a few photos to prove lorries can fit alongside a car as wide as mine etc as their whole claim is literally I should've given him more room. Shall I print these etc? Just like I have a photo of my car where it proves with a bit of common sense, that a car has hit it and dragged my car round and pulled the back wheel out... I couldn't have done that damage unless I reversed in to him.
Shall I print this off etc, or will they already have all that?
It also shows my bumper is actually behind my arch, so it's been dragged round and put behind my wheel... see the wheel is facing outwards from the back, which goes along with how I said my car was dragged round.
TBH - I don't see how anyone can look at the above photo and say it was my fault, how can I cause that sort of damage, it shows something has hit me. The trailer of the lorry caught the back of my car and as he turned it pulled my car round with it.
By unrelieable they'll try and confuse you a bit. Make it seem like you don't know what you are talking about. Just take your time, say it confidently. You should be given a glass of water, take sips every now and then, your mouth will still go dry. I've been back to where it happened and taken a few photos to prove lorries can fit alongside a car as wide as mine etc as their whole claim is literally I should've given him more room. Shall I print these etc? Just like I have a photo of my car where it proves with a bit of common sense, that a car has hit it and dragged my car round and pulled the back wheel out... I couldn't have done that damage unless I reversed in to him.
Shall I print this off etc, or will they already have all that?
It also shows my bumper is actually behind my arch, so it's been dragged round and put behind my wheel... see the wheel is facing outwards from the back, which goes along with how I said my car was dragged round.
TBH - I don't see how anyone can look at the above photo and say it was my fault, how can I cause that sort of damage, it shows something has hit me. The trailer of the lorry caught the back of my car and as he turned it pulled my car round with it.
Edited by VISE on Monday 27th February 15:19
Won't hurt taking a copy, but they should have them already if they've been provided to the Police already. The prosecutor will be able to advice you on that.
One more thing, you will be asked questions from the prosecutor or defence, but you answer to the magistrates. It does feel a bit weird not talking to the person who asked you the question. I still every now and then get it wrong!
Ki3r said:
By unrelieable they'll try and confuse you a bit. Make it seem like you don't know what you are talking about. Just take your time, say it confidently. You should be given a glass of water, take sips every now and then, your mouth will still go dry.
Won't hurt taking a copy, but they should have them already if they've been provided to the Police already. The prosecutor will be able to advice you on that.
One more thing, you will be asked questions from the prosecutor or defence, but you answer to the magistrates. It does feel a bit weird not talking to the person who asked you the question. I still every now and then get it wrong!
Perfect - thanks for the advice, it's much appreciated.Won't hurt taking a copy, but they should have them already if they've been provided to the Police already. The prosecutor will be able to advice you on that.
One more thing, you will be asked questions from the prosecutor or defence, but you answer to the magistrates. It does feel a bit weird not talking to the person who asked you the question. I still every now and then get it wrong!
I'll still be worried nevertheless, because it's taken so long to get to this point. I'm hoping they settle beforehand, they have until March 10th to exchange evidence, so my solicitor said they may offer us something then or they could take it all the way.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff