Claim going to small court - question

Claim going to small court - question

Author
Discussion

29Giggles

Original Poster:

3 posts

75 months

Sunday 20th May 2018
quotequote all
Hello,

I was involved in an incident last summer and both myself and the other driver think the other person is at fault. I claimed through my own insurance as not at fault and received my pay out minus 10% for it being a CAT D and my excess about a month or so afterwards. The other person has claimed against me, and this process resulted in both our insurers passing it on to their solicitors which has eventually lead to a small court date being issued.

What I'd like to know is if anyone has any experience in this area, if I was to be found at fault would I have to pay the damages myself or would the insurer be required to cover these costs? I ask this because when I initially received a letter about this there was a section for my defence, which I passed on to the solicitors, but if I claimed liability it required me to list my bills, debts, etc to come to an agreement for the repayment. I always assumed the insurer would be responsible for covering the damages of the other motorist if I was found at fault, and as I've already received my payout minus the excess I shouldn't have anything to pay.

My second question is if the case is found to be 50-50, which given its my word against the other person as we have no witnesses or dash cam footage, how many years no claims would I be likely to lose