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First time in court for traffic accident- what to expect?

  • 07-05-2021 2:27pm
    #1
    Duff
    Registered Users, Registered Users 2 Posts: 5,561 ✭✭✭


    Hey guys,

    I was in a very minor (10 km/h) traffic collision 2 years ago which resulted in slight damage to the front wing of the other person's car. Swapped insurance details there and then and authorities weren't notified. Then got notified from my insurance company that the other person was filing a personal injury claim. My insurance company had an engineer out to asses the very little damage to my car and make a report. They then appointed me a solicitor to handle things. Got a call after Christmas that they were going to bring this to court as they don't believe the other person has grounds for a personal injury claim.

    The court date is in two weeks and I'm just wondering what to expect? I've never been in this situation before and it's making me quite anxious.

    Thanks for any info.


Comments

  • #2
    lawred2
    Registered Users, Registered Users 2 Posts: 24,467 ✭✭✭✭lawred2


    This will mostly be in the hands of the insurance company's legal team. You may be asked to give some sort of personal witness statement but I can't imagine much beyond that.

    You're not on trial or anything.


  • #3
    HeidiHeidi
    Registered Users, Registered Users 2 Posts: 29,548 ✭✭✭✭HeidiHeidi


    Duff wrote: »
    Hey guys,

    I was in a very minor (10 km/h) traffic collision 2 years ago which resulted in slight damage to the front wing of the other person's car. Swapped insurance details there and then and authorities weren't notified. Then got notified from my insurance company that the other person was filing a personal injury claim. My insurance company had an engineer out to asses the very little damage to my car and make a report. They then appointed me a solicitor to handle things. Got a call after Christmas that they were going to bring this to court as they don't believe the other person has grounds for a personal injury claim.

    The court date is in two weeks and I'm just wondering what to expect? I've never been in this situation before and it's making me quite anxious.

    Thanks for any info.


    That's cheered me up no end, thanks for brightening my day!


    As per the previous poster, you'll be a minor witness, just answer the questions you're asked if you're put in the box.



    Get there early on the day and try to talk to the insurance company's solicitor, they'll guide you as to what will happen.


  • #4
    Duff
    Registered Users, Registered Users 2 Posts: 5,561 ✭✭✭Duff


    Thanks for that. I guessed the legal team would be doing most of the work, and that I would be there to maybe give my statement of the event.


  • #5
    Duff
    Registered Users, Registered Users 2 Posts: 5,561 ✭✭✭Duff


    HeidiHeidi wrote: »
    That's cheered me up no end, thanks for brightening my day!


    As per the previous poster, you'll be a minor witness, just answer the questions you're asked if you're put in the box.



    Get there early on the day and try to talk to the insurance company's solicitor, they'll guide you as to what will happen.


    Haha, even the engineer who came out to look at the damage to my car couldn't believe they had the cheek to claim. As he said "It's just the claim culture these days".


  • #6
    afro man
    Registered Users, Registered Users 2 Posts: 617 ✭✭✭afro man


    Duff wrote: »
    Haha, even the engineer who came out to look at the damage to my car couldn't believe they had the cheek to claim. As he said "It's just the claim culture these days".



    Fair play to Insurance company for fighting claim..


    Note my relative had something similar a couple of year back they rear ended somebody very minor at same speed to you and had a witness in car as well ,, engineered examined her car and could not believe she was being hit with two claims ,,
    they only found out when then went to re-new insurance that the insurance company paid out 22 grand in personall injuries claim... But it looks like your insurance company are willing to contest claim.


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  • #7
    coylemj
    Registered Users, Registered Users 2 Posts: 25,495 ✭✭✭✭coylemj


    Duff wrote: »
    The court date is in two weeks and I'm just wondering what to expect?

    My guess is that the other guy (the plaintiff, you are the defendant) will do a 'no show'. His 'no foal, no fee' lawyers will be left with the expense. Might make them a bit more selective in future. A forlorn hope!

    Once he sees that the insurance is contesting it and is prepared to show up in court with witnesses, he will know the game is up. The whole point of frivolous claims is that that there is an expectation that the insurance company will cave in and write a cheque, rather than go the full mile. Which, thankfully, they seem to be up for in this case.


  • #8
    jimmycrackcorm
    Registered Users, Registered Users 2 Posts: 14,346 ✭✭✭✭jimmycrackcorm


    Insurance companies are cracking down on the exaggerated endemic personal injury claims. It might even get settled on the court steps.


  • #9
    HeidiHeidi
    Registered Users, Registered Users 2 Posts: 29,548 ✭✭✭✭HeidiHeidi


    jimmycrackcorm wrote: »
    Insurance companies are cracking down on the exaggerated endemic personal injury claims. It might even get settled on the court steps.

    If it gets settled on the steps of the court, that's hardly cracking down, is it?


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