I was involved in a car accident will it go to court?

Question

I was involved in a car accident and neither party has accepted responsability. I think the total cost of damage to repair both cars is £1500. I would like to know what is the liklyhood of this going to court. The accident was not my fault but i would prefer to aviod going to court. I am considering just conceeding the case so i can avoid going to court.

there were no police involve and nobody suffered any injury

Answer 1

Where the Police involved? If not it's unlikely there would be a criminal trial - the other driver could prosecute under civil law in the County Court

Answer 2

As the amount is only £1500 and there is no personal inury, the case would be dealt with in the Small Claims Court. The advantage of the small claims court is that you are not at risk on costs if you bring a claim (you are not responsible for paying the other side's costs if you lose) so it may well go to court if parties can't agree, as the insurer does not have very much to lose.

Insurers do however tend to take a very pragmatic view of these things. They will probably gather in the evidence, and make an assessment based on that. If they do not think it is in their economic interests to run the matter to a hearing, they will probably settle on a 50/50 basis or some other sharing of liability.

Answer 3

Are you insured? If so, then your insurance company will have a third party claims section that will deal with any correspondence from the other driver's insurance company. If there were any witnesses to what happened, preferably not those who were passengers in either car, then so much the better as the insurance company can contact them to prove your point.

The insurance will also appoint an engineer to assess whether the damage is of such severity that it is no longer worth repairing it and they may also be able to establish exactly how the damage was caused, looking at the direction the damage was incurred and its severity to establish the approx speed, etc.

The insurance will try their utmost to continue to deny responsibility for the accident as they will then be in a position to recover the costs of the repair of your car and any hire car you used from the other insurance company. If they cannot decide after engineer inspection and witness statements who was at fault, it is likely the claim will be decided 50/50. This means that each insurance company pays for their own driver's damage, no one claims off of anyone and both you and the other driver have your no claims bonus affected. The likelihood of this reaching court is really minimal unless you want to continue to state it definitely wasn't your fault. The onus would then be on you to prove that this is the case.

However, if you are not insured, this is an entirely different matter. The likelihood of this going to court is much greater as you do not have the benefit of an insurance company to act for you and it is really your word against the other driver's. It will be that much more difficult for you if you do not have insurance but the other driver does as they will have the insurer on their side.

If you are insured but the other party isn't, you can make a claim via the Motor Insurers' Bureau for the cost of the repairs to your car. Their number will be available from your insurance co.

Answer 4

Last February I was in the same position. I was involved in an accident in a car park, and neither driver wanted to accept responsibilty (although it was his fault ;) Neway, after lengthy communictions between solicitors and insurance companies the case finally went to court.
I too was very nervous about going, however it is not as bad as you would imagine. Its a magistrate court which means that the room is basically like a classroom. The people present are you and the other party and solicitors designated by you insurance company. The judge precides and everybody puts across their series of events. The process is ended with the judge making a desision about who was at fault (in my case he ruled 50/50). The whole thing lasts just over an hour, and is really not that bad. If you conceed then you take responsibility for the whole accident. Where as at least in court you get to limit how the accidnt affects you. Good Luck

Answer 5

Can you provide a bit more information on the circumstances?

Insurance companies do not like cases proceeding to court, for the very fact that this costs us money! Also, if your insurers has only paid out around £700 or so to fix your car, they almost certainly won't want to instruct solicitors unless they are absolutely, 100% guaranteed to win.

If you advise me what the circumstances were, I could give you a better idea of the outcome.

Answer 6

Why be scared of going to court? It's there to sort these things out, and if you just concede defeat, you'll lose all your no claims etc etc,a nd have a fault clain against you, which means higher premiums next year, all of which can be avoided by sticking to your guns, going to court and let them sort it out. Chances are, it'll be found 50/50, so teh consequencwes for you will be considerably less severe than if you cave in.

Answer 7

you should have call the police that way you probably wouldn't have to go to court. the insurance company usually determine who fault it is . they get statement from both parties and then look at both cars

Answer 8

you easily want a lawyer. this could heavily value you with out one. interior the mean time, direct each and all of the third celebration claims to the insurance employer. grant any third events with the help of the as much as this element insurance records as required. one million. assume the insurance employer is accountable till YOUR lawyer tells you otherwise. 2. do no longer handle the issue of the twist of fate to anyone different than your lawyer for now. the biggest witness against you ought to be your self. 3. insurance firms play fewer video games while they must handle a knowledgable attourney fairly of an 'uncomplicated' customer. Have your attourney deliver a letter to the insurance employer insisting that they ensure the statements made re:cancellation and ask them to offer information, consisting of any tape recordings and any procedures of identity. An audio recording does no longer be adequate with out complex testing to coach that it grew to become into your voice and that the cancellation grew to become into made previous to the twist of fate. 5. reckoning on your community insurance regulations, the insurance employer may be accountable of a severe offense for attempting to ditch you once you're purely attempting to excersize your rights interior the insurance settlement which you paid for. it particularly is basically fraud on thier area even though it ought to no longer be worded that way on your community regulations. nevertheless unlawful to gather money for insurance then bail out while the s**t hits the fan. as some distance with the aid of fact the fee ticket is worried you the two could must be working a yellow gentle. If the different motive force admits to turning on ANY gentle different than a green, he could have contributed via commiting a similar offense. Take a fabulous style of photos of harm too. the wear and tear to the automobile is greater important than the undeniable fact which you hit 2 vehicles. severe harm skill somebody grew to become into dashing. Hitting X vehicles does not neccessarily mean that yu have been dashing considering physics can see some unusual issues happening (to illustrate in case you force a heavy automobile and hit 2 lighter ones). do no longer assume to get off scotch unfastened nonetheless. enormously inconceivable. good success. decelerate.

Answer 9

If its not your fault you shouldnt have any problems going to court.... or was it your fault and you dont want to admit it..... i would be devastated if someone smashed up my car(but i have spent 8 grand on it) so i would do all in my power to get it repaired by the culprit

Answer 10

If no one agrees to responsibility than yeah will probably go to court