Going to court due to a car accident, what to expect?
Discussion
In a nutshell 3 years ago a car failed to stop and ploughed into the back of my car, wrote it off.
Had a plod witness and a dash cam.
However bloke wasn't insured on his employers van, and thus has never been settled.
I was given the option of going through an assignment and agreement but the solicitor took 9 months to send this to me, and by which time it had already been given a court date.
It's next week.
Kinda bricking it though it should just be a formality, what exactly should I expect? What will happen?
Had a plod witness and a dash cam.
However bloke wasn't insured on his employers van, and thus has never been settled.
I was given the option of going through an assignment and agreement but the solicitor took 9 months to send this to me, and by which time it had already been given a court date.
It's next week.
Kinda bricking it though it should just be a formality, what exactly should I expect? What will happen?
You'll likely be asked questions regarding your statement, and possibly what impact the accident has had since. You can request access to your statement beforehand, and based on the length of time, I would encourage you to do so. Any small discrepancy in what you recall vs your statement might impact the outcome.
What is the purpose of the hearing?
What is the purpose of the hearing?
bungz said:
In a nutshell 3 years ago a car failed to stop and ploughed into the back of my car, wrote it off.
Had a plod witness and a dash cam.
However bloke wasn't insured on his employers van, and thus has never been settled.
I was given the option of going through an assignment and agreement but the solicitor took 9 months to send this to me, and by which time it had already been given a court date.
It's next week.
Kinda bricking it though it should just be a formality, what exactly should I expect? What will happen?
Who is taking who to court? I assume you are effectively just a witness for your insurance company's claim against someone?Had a plod witness and a dash cam.
However bloke wasn't insured on his employers van, and thus has never been settled.
I was given the option of going through an assignment and agreement but the solicitor took 9 months to send this to me, and by which time it had already been given a court date.
It's next week.
Kinda bricking it though it should just be a formality, what exactly should I expect? What will happen?
I suspect, that as long as you turn up, they will settle before you get in to the room.
Just turn up, keep your story straight and honest and try to keep to the facts unless specifically asked for an opinion. Unless you are a subject expert which I assume not as you have not been to court before. It will be a lot less daunting than you are expecting it to be in the end and as someone else said you may not have to be involved at all, they may be banking on you not turning up.
I'll bet money on the defense banking on you and the policeman not turning up.
Having done Jury Service twice, on each occasion the accused pleaded guilty minutes before the trial was due to start.
According to the clerk, this is a common event as they take a chance the witnesses won't turn up and getting the case dismissed.
Having done Jury Service twice, on each occasion the accused pleaded guilty minutes before the trial was due to start.
According to the clerk, this is a common event as they take a chance the witnesses won't turn up and getting the case dismissed.
OP - I'm guessing it's County Court?
A similar thing happened to me about 20 years ago. A woman drove into me, admitted it at the scene and then later denied all knowledge. I was young and naive and didn't bother to get any witnesses. Fortunately my barrister made her nervous and she had to correct herself a few times (which obviously made the Judge realise she was talking balls) and he found in my favour. i then got back 4 years of overpaid insurance premiums.
Anyway - to repeat what's been said above just keep calm and say the truth. The other side's barrister might try to catch you out but if you've got DC footage it's hard to see how you could lose.
A similar thing happened to me about 20 years ago. A woman drove into me, admitted it at the scene and then later denied all knowledge. I was young and naive and didn't bother to get any witnesses. Fortunately my barrister made her nervous and she had to correct herself a few times (which obviously made the Judge realise she was talking balls) and he found in my favour. i then got back 4 years of overpaid insurance premiums.
Anyway - to repeat what's been said above just keep calm and say the truth. The other side's barrister might try to catch you out but if you've got DC footage it's hard to see how you could lose.
Jamescrs said:
Just turn up, keep your story straight and honest and try to keep to the facts unless specifically asked for an opinion. Unless you are a subject expert which I assume not as you have not been to court before. It will be a lot less daunting than you are expecting it to be in the end and as someone else said you may not have to be involved at all, they may be banking on you not turning up.
^^^ This is sound guidance. Appearing in court as a witness is a whole lot more comfortable than being the "accused"!Slow.Patrol said:
I'll bet money on the defense banking on you and the policeman not turning up.
Having done Jury Service twice, on each occasion the accused pleaded guilty minutes before the trial was due to start.
According to the clerk, this is a common event as they take a chance the witnesses won't turn up and getting the case dismissed.
I had something similar I had been accused of speeding and not producing my licence the police never turned up so it got dismissed my solicitor was sHaving done Jury Service twice, on each occasion the accused pleaded guilty minutes before the trial was due to start.
According to the clerk, this is a common event as they take a chance the witnesses won't turn up and getting the case dismissed.
t hotPanamax said:
Jamescrs said:
Just turn up, keep your story straight and honest and try to keep to the facts unless specifically asked for an opinion. Unless you are a subject expert which I assume not as you have not been to court before. It will be a lot less daunting than you are expecting it to be in the end and as someone else said you may not have to be involved at all, they may be banking on you not turning up.
^^^ This is sound guidance. Appearing in court as a witness is a whole lot more comfortable than being the "accused"!I was in the small claims court, in a case bought by the third parties insurer. The fact that I had copies of the photographs of the damage to both cars and the road layout, and neither solicitor or the third party had them, even though I had sent them to my insurer, turned out to be the deciding factor I think. The judge commented on the unprepareness of both legal representative, and the clarity of my photos and evidence. It was done in a meeting room around a big table.
I've no experience of a motoring case like yours, but I have acted as an expert witness. On the basis of that I'd make the following suggestions. As James said, when responding to the opposing barrister, be straight, honest, and stick to the facts. If you don't understand a question or lose track of a complicated one, ask for it to be repeated or explained. Also remember that although the barrister is asking you questions, you are not in a conversation with him. Your responses are addressed to the court in particular the judge(s) not to him. Your eye contact should be with the judge, not the barrister. The last point can make things a lot easier especially with an aggressive or manipulative barrister.
untakenname said:
When I went to court for a severe crash (as a witness/victim) I provided the crash footage to the Police/CPS on the sd card yet they couldn't get the files off/transcode to DVD and also didn't give the card back to me.
Had to go to magistrates court twice then crown court due to the severity, didn't think much of the prosecutor when they were questioning me as they tried to twist my words.
I'd recommend taking printed stills from the dashcam of the accident as providing them on the day as it's possible they won't have the footage available.
I would, if you can, take copies for you, your side's barrister, the other side's barrister and the bench. The more you can do to present all this in an organised easily useable way (think files, tab dividers and indexes) the better. Had to go to magistrates court twice then crown court due to the severity, didn't think much of the prosecutor when they were questioning me as they tried to twist my words.
I'd recommend taking printed stills from the dashcam of the accident as providing them on the day as it's possible they won't have the footage available.
Also, as always, respect the forum and wear a suit & tie.
Collectingbrass said:
I would, if you can, take copies for you, your side's barrister, the other side's barrister and the bench. The more you can do to present all this in an organised easily useable way (think files, tab dividers and indexes) the better.
Also, as always, respect the forum and wear a suit & tie.
I get this and conceptually agree. But it depends on how interested the OP is in the outcome. If he stands to gain little, then I'd not be putting that much effort in as it's the claimant's responsibility to present the case (assuming the OP is on the claimant's side). Also if it were me I'd be asking the relevant solicitor what they are expecting of me and agreeing that in advance. I'd not be wanting to just turn up and see how it transpires.Also, as always, respect the forum and wear a suit & tie.
Once you get inside the courtroom, you’ll be there for ages so make sure you take a large coffee in with you and probably a Big Mac and large fries. Maybe some crisps too.
Wear something comfortable so you can kick back and chill - trainers and jogging bottoms with a nice hoodie would keep you relaxed enough to drop off.
When you take the stand, fix the brief with a steely glare and answer every question with “no comment“.
If the beak starts dissing you, just snarl “You can’t handle the truth!”
Finally, don’t do any of the above and for God’s sake, don’t stand there nervously giggling in court if any of it comes to mind.
Wear something comfortable so you can kick back and chill - trainers and jogging bottoms with a nice hoodie would keep you relaxed enough to drop off.
When you take the stand, fix the brief with a steely glare and answer every question with “no comment“.
If the beak starts dissing you, just snarl “You can’t handle the truth!”
Finally, don’t do any of the above and for God’s sake, don’t stand there nervously giggling in court if any of it comes to mind.
BertBert said:
That doesn't sound like you are sure. I'd want to be completely sure what it was about beforehand if it was me!
Thats exactly what it is.Just seems like a bit of a farse that I have to turn up, they already have the police statement and a dash cam of it.
Thanks all for the contribution, will report back wish me luck.
Likely have to go back to the same court at some point to fight some silly bint going into the side of me, the joys!
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