Attend court or not? (accident)

[130R]

I had an accident last December that was not my fault (driver in the outside lane of a roundabout turned right and drove into the rear nearside of my car when I was in the inside lane going straight over the roundabout) but as I had no witnesses I assumed it would go 50/50. It has been dragging on for nearly a year now and I just got a letter from my insurance company saying that the other party has failed to complete an accident report for their insurers. My insurance company say the only option is to issue a summons for the other party but obviously they make no guarantees about the outcome, otherwise they will close the file. For the summons to happen I have to be willing to attend court which originally I said I wasn't (me assuming a 50/50 outcome). So do you think it is worth me saying I will attend court or not? Does the other party failing to complete an accident report give me a good chance of winning or is it still my word against theirs? I have protected no-claims so it is not a big deal to me if it goes 50/50 but obviously I would rather not have to put it on my insurance.

[Triple7]

Has fault been determined? If not I would do my utmost to defend my innocence. The court case may well not materialise, but if it does and you turn up, it can only be a good thing. You must have legal cover on you policy, what do they advise?

G

[130R]

Triple7 said:

Has fault been determined?

No, in previous letters from my insurance company they said it was very likely to be a 50/50 outcome because there were no witnesses. I assume that will be the outcome if they close the file.

[mark69sheer]

Why a 50/50 outcome your case looks stronger now based on the other party not complying.
I would go to court.

Its a rare event to get a chance to put your case. If I ever got the chance i would.

I had an accident due to someone else and with no witnesses I lost my no claims bonus.

If you turn up and he doesn't then you will win the case as the other party has no counter evidence. The other persons (insurance)solicitor will have to fold.

[Trax]

I would aggree to go, it may not go that far in then end.

Usually the other insurer will admit liability when their insured does not comply, and in not completing an accident report form for them, how can they put in a defence?

[130R]

Cheers, I think I will phone them up and tell them to issue the summons. Hopefully it won't go to court.

[TPS]

130R said:

Cheers, I think I will phone them up and tell them to issue the summons. Hopefully it won't go to court.

If i had to go to court then i would.I got hit by another car a few years ago.It went to court but my solicitor went to court and gace evidence not me.Is it possible that this is what would happen for you.