Going to court, Defending myself.

[redfox 10]

What is the claim for ? Is it to try and recover the cost to repair the damage that it is said you caused? Are the other party an insurance company ? If so they will usually have someone with at least some experience of these types of case representing them at court but I wouldn't necessarily let that put you off.

I don't follow why your insurance company have not involved themselves at all, they presumably have been notified by you of the incident and all it's details and you will have told them the details you obtained from the other party.

[Clio172 10]

tbh I don't think what anyone says in court will make a difference . it will most likely be cut and dry upon the circumstances of the accident . ie if your went into the back of someone or pulled out of a junction into somebody then youll more than likely be screwed

[boyfriday 21]

Im quite outspoken, super confident and a quick thinking person.

 

You won't be for long, an experience as an independent witness to a criminal damage case being examined by the defence solicitor quite seriously had me bumbling like a fool and looking very stupid (more stupid before you saying anything). By the end of it they could have told me I'd done the damage and I might have believed it.

 

Courtrooms are not the place for amateurs no matter how confident you are, you'll get caught out over procedure at first, which will immediately have you on your back foot..then you'll wonder why it goes downhill from there.

[bullerboY 10]

Thank you. Thats brill advice. Im actually quite looking forward to it in a strange sort of way. I have right on my side but i accept i may lose but i feel ive got to give it a go.

Im quite outspoken, super confident and a quick thinking person. Ive been to court (crown) several times before so i know they can be scary, but im hoping that my previous experiences with crown court will put me in good stead with county.

Thanks again for you advice .

xx

And very hard of hearing.

[L00b 441]

Im quite outspoken, super confident and a quick thinking person.

Being outspoken is not useful: you only get to talk when allowed to do so/when it's your turn. Shoot your mouth at any other time and watch the wrath of the sitting magistrate hit you like a freight train...or 10. Being articulate is more important.

 

Being super-confident is likewise not useful, it may come across as arrogance or cockiness, and neither fly well with magistrates. Moreover, it's usually manifested as making allegations upon allegations, rather than stating facts supported by evidence. Being calm and collected is more important.

 

Being quick-thinking may be useful, if you are given leave to cross-examine whoever the other side puts up in the witness box (assuming this happens at all in your procedure), as you'll need to have you wits about you (i) spotting cross-examining opportunities while the witness(es) give their version first and (ii) remember them, structure them and deliver them well enough that the witness(es) end up improving your case rather than torpedo'ing it.

 

The other side, if represented professionally, will have made sure (i) there are as few witnesses as required and (ii) there are scant few such opportunities in their witness statements.

 

Of course, all that depends on what kind of quick-thinker you are, and bear in mind that, as you do not know procedure/precedent inside-out, that's a race you'll be running on one leg to begin with.

 

If there's only one useful bit of advice that I can give you, it's that it will be nothing like what you seem to be expecting. Yes, I am trying to put you off. No, it really is for your own good.

Edited September 19, 2013 by L00b

[Eater Sundae 12]

Like others, I cannot understand why it is you doing this and not just passing it onto your insurer.

 

If they are not responding, I suggest you take it to the omudsman.

 

Also, if the other party goes after you, just pass it to your insurer (and tell the other party that you have, and ask them to deal directly with your insurer).

 

 

Edit. Also, if you lose, presumably you'll have to pay for all repairs to the other car, plus costs. Also, is the other driver claiming for any injuries? Do you know how much it will cost you if you lose?

Edited September 19, 2013 by Eater Sundae

[skinz 10]

I doubt the insurers will respond.

 

 

I think Saab's been a norty boy..driving without. Tut tut!

[Just Sarah 10]

What is the claim for ? Is it to try and recover the cost to repair the damage that it is said you caused? Are the other party an insurance company ? If so they will usually have someone with at least some experience of these types of case representing them at court but I wouldn't necessarily let that put you off.

I don't follow why your insurance company have not involved themselves at all, they presumably have been notified by you of the incident and all it's details and you will have told them the details you obtained from the other party.

 

Yes i notified them immediately after the crash and sent them all the other parties details too, they have involved themselves to a small degree, asking for details of the accident with a map which i provided. Then they went silent. Im ringing them today again and i going to see if digging my heels in and not getting off the phone till i speak to someone useful.

Re The claim its for damage to his car and his solicitor fees. In fact ive had more contact from his solicitor (and a claims management company he must have instructed) than my own insurance company. The most recent letter they sent was saying they couldnt reach agreement with my insurers and so im going to be served and i need to pass the papers onto my insurers but with them dragging their feet so much and being generally rubbish im definitely looking to defend myself. I understand what people are saying, its going to be tough and i may well lose but i cant in all good conscience leave myself in the hands of an insurance company that cant even be arsed to return a call.

 

---------- Post added 20-09-2013 at 09:14 ----------

 

tbh I don't think what anyone says in court will make a difference . it will most likely be cut and dry upon the circumstances of the accident . ie if your went into the back of someone or pulled out of a junction into somebody then youll more than likely be screwed

 

I hope you're right with that. Its clear from the damage to my car that he went into me. If what you are saying is right then i have to tell you, im a bit more confident about it now

[Manlinose 10]

good luck!

 

hope it goes well

[Just Sarah 10]

Like others, I cannot understand why it is you doing this and not just passing it onto your insurer.

 

If they are not responding, I suggest you take it to the omudsman.

 

Also, if the other party goes after you, just pass it to your insurer (and tell the other party that you have, and ask them to deal directly with your insurer).

 

 

Edit. Also, if you lose, presumably you'll have to pay for all repairs to the other car, plus costs. Also, is the other driver claiming for any injuries? Do you know how much it will cost you if you lose?

 

Two and a half grand hes wanting. As for the ombudsman i emailed them this morning and just waiting for a reply.

[Moosey 10]

Re The claim its for damage to his car and his solicitor fees.

 

That can't be. It's a small claim. Legal costs aren't payable.

 

 

Posted from Sheffieldforum.co.uk App for Android

[Just Sarah 10]

That can't be. It's a small claim. Legal costs aren't payable.

 

 

Posted from Sheffieldforum.co.uk App for Android

 

Hi Moosey. Its right here in front of me.

£80 solicitors fees.