Help: Recieved County Court Claim-Do i have a chance?

[adnan786]

Hi, i am new to this forum, 1st post so please excuse any lack of etiquettes.

 

I recieved a court judgement recently, and i want to defend it, but im not too sure if i stand any chance of winning.

 

Basically, i was involved in a car crash 2 years ago, to which i feel i wasnt to blame ( i was changing lanes in standstill traffic, there was space in the left lane i wanted to go into. The vehicle that crashed into me, the claimants, was not moving, so i indicated, then checked to see that vehicle was still not moving and the driver was very busy eating a sandwich, so i proceeded with the monouver, was 75% into it/the left lane i was moving into, and the claimant crashed into the rear passenger side wheel/arch area).

 

At the time, the claimant said that she would call me to come to an arrangement because she had to be somewhere at that time. She didnt call. I was under the impression that she knew it was her fault so she just wanted to leave it. The problem here was that i wasnt insured to drive the car, althought i thought i was at the time, since the vehicle owner told me that his insurance enables anyone with a license to drive it at 3rd party cover. I later realised that this wasnt the case so was relieved that she didnt contact me, although it was her fault, because i wasnt insured and so couldnt pursue my damage with her insurance company.

 

I payed for the damage to the vehicle i was driving and annoyed at the vehicle owner, for his false sense of security which led to me driving the vehicle without knowing im not insured to do so.

 

Anyway, 18 months later i got contacted regarding this crash with the claimants solicitors to pay for damages. Apparantly the insurance company appointed them to recover their costs. I was shocked, that the 3rd party would try to pursue me, when to me (and i would of thought to her aswell), it was clear that she was at fault. I had already been out of pocket for this, through no fault of my own.

 

Anyways, a few months later, a few weeks ago, i got a county court claim pack through the post. I have sent an acknowledgement of service, indicating i want to defend the case. I now have, i believe around 8 days to send a defence. I need help:

 

The particulars of claim are: Damages resulting from a road traffic accident. The value is close to £2000

 

The accident occured as a result of the defendants negligence, in particular, the defendent :

-Drove without due care and attention so as to avoid the collision

-Failed to brake or steer lear of the claimants vehicle to avoid the collision

-Failed to keep any, or any proper lookout

 

There were no independant witnesses, there was a passenger with the claimant only.

 

Do i have any chance of winning? Would i be incriminating myself further by trying to fight this? Would it be to my best interest to try to settle this privately and pay up? I have photographs of the claimants and the vehicle i was driving (the damages), which i feel will corroborate my sequence of events. Her vehicle is damaged on the drivers bumper/wing side, whereas mine is around the rear passenger wheel arch (which in itself shows that most the car had passed into her lane before she sruck it, which would suggest that she didnt keep a proper lookout anyway). Also, when i go to court, is it liklely that the judge will fine me/give me points for not having insurance, or would that be a seperate charge or issue that will be irrelevant, since the case is about whether i owe damages or not?

 

Also, i was thinking of counter claiming for the amount it cost me to fix the vehicle i was driving, but i dont have any reciepts, since it was 2 years ago.

 

I know i didnt have insurance, but it wasnt my fault either, will that make a difference? Do i have any rights? Whats the best course of action? Is it true that i can send a letter to the claimants solicitors asking them to send me all the documents they intend to use, in order to prepare my defence? What are my chances like? Any laws/statutes to support my case?

 

Any help here would be highly appreciated, any course of action or what to write or any general help etc. The thought of all of this and going to court is quite daunting and i cannot afford any legal help. Thank you in advance. And apologies for the essay in advance too, i just didnt want to leave anything out/ambigous.

[300]

Not a lawyer but the 3 quoted causes seem impossible to prove given the lack of witnesses and I presume there are no photos. You probably have a good chance of pointing out to the judge that the claimant has no real evidence that your version of events is not true,

[Nightmare4banks]

Hi All!

 

adnan 786,in reply to your post and in my view:

 

1.You should counterclaim agaiinst the other driver as you say that the other driver was at fault and not yourself.

 

2.If you do not attend the hearing,the other driver will win by default so simply attend and give it your best shot.

 

3.Do a neat diagram of how the collision happened and if the other driver or the witness panic in reply you may win/get the amount of damages reduced regardless of the witness.

 

4.You will not get in any more trouble for not having the insurance as this is a claim for money and not a magistrate/crown court hearing for driving without insurance/motoring offences etc - so don't worry.However,the judge may tell you in the future to make sure that you have insurance in place which in response you should just say yes sir/madam and say you are truly sorry - judges like that sort of response - you regret doing a wrongful/illegal act.

 

I hope this helps.

 

If you have any more questions,just ask.

 

Keep us posted.

 

All the best!

[BankFodder]

You must submit a defence.

 

Suggest

Defence

The allegations in the claimant's particulars of claim are denied.

 

 

Counterclaim

 

 

1. The claimant was not properly in control of her vehicle at the time in that she was eating a sandwich while stopped in traffic.
   
2. The defendant was in the right lane of a two lane queue of traffic.
   
3. The defendant wished to change lanes in stationary traffic by moving into an available gap in the left lane.
   
4. The defendant made a proper lookout and used an appropriate left flashing signal.
   
5. The defendant noticed that the claimant was eating a sandwich and had left a gap clear into which the defendant could move.
   
6. The defendant commenced the manoeuvre and had nealry completed it when the claimant moved forward without any warning and collided with the rear nearside of the defendants car causing damage to both vehicles.
   

 

The claimant was negligent in that:-

 

1. She was not properly in control of her car
   
2. Drove without due care and attention so as to avoid the collision
   
3. Failed to brake or steer clear of the claimants vehicle to avoid the collision
   
4. Failed to keep any, or any proper lookout
   

 

By virtue of the claimant's negligence the defendant has suffered loss and damage

 

Particularise the loss and damage

 

 

***********************************

 

You can expect the claimant to bring up your lack of insurance in order to discredit you.

You can expect the judge to be angry abut it - but it should not influence his decision

A likely outcome is an apportionment as the judge may feel that if you noticed that the driver was eating a sandwich at the time, they were not paying attention to you either.

 

And finally but I have to say that if you were driving uninsured for whatever reason then maybe you deserve a wake-up call. If a child had been injured or someone else disabled for life by your driving they would have a very bad time of it.

It is lucky for you that you haven't been prosecuted for it. How long had you been driving that car without insurance?

 

I hope that no one who reads this thread is impressed.

[Nightmare4banks]

I would just like to add:

 

To be perfectly honest and blunt - I am not impressed at all with the actions or failures in this particular case of this poster.

 

So in conclusion,adnan786:

 

Please make sure in the future to drive with insurance(no excuses whatsoever) and a car with a valid MOT certificate that shows that the car is roadworthy otherwise you would be prosecuted and end up in jail which you would totally deserve as Bankfodder has stated - what would you have done if you had hit a child or very frail person and injured or in a worst case scenario killed him/her/them?

[adnan786]

You must submit a defence.

 

Suggest

Defence

 

The allegations in the claimant's particulars of claim are denied.

 

 

Counterclaim

 

 

 

1. The claimant was not properly in control of her vehicle at the time in that she was eating a sandwich while stopped in traffic.
   
2. The defendant was in the right lane of a two lane queue of traffic.
   
3. The defendant wished to change lanes in stationary traffic by moving into an available gap in the left lane.
   
4. The defendant made a proper lookout and used an appropriate left flashing signal.
   
5. The defendant noticed that the claimant was eating a sandwich and had left a gap clear into which the defendant could move.
   
6. The defendant commenced the manoeuvre and had nealry completed it when the claimant moved forward without any warning and collided with the rear nearside of the defendants car causing damage to both vehicles.
   

The claimant was negligent in that:-

 

1. She was not properly in control of her car
   
2. Drove without due care and attention so as to avoid the collision
   
3. Failed to brake or steer clear of the claimants vehicle to avoid the collision
   
4. Failed to keep any, or any proper lookout
   

By virtue of the claimant's negligence the defendant has suffered loss and damage

 

Particularise the loss and damage

 

 

***********************************

 

You can expect the claimant to bring up your lack of insurance in order to discredit you.

You can expect the judge to be angry abut it - but it should not influence his decision

A likely outcome is an apportionment as the judge may feel that if you noticed that the driver was eating a sandwich at the time, they were not paying attention to you either.

 

And finally but I have to say that if you were driving uninsured for whatever reason then maybe you deserve a wake-up call. If a child had been injured or someone else disabled for life by your driving they would have a very bad time of it.

It is lucky for you that you haven't been prosecuted for it. How long had you been driving that car without insurance?

 

I hope that no one who reads this thread is impressed.

 

 

Hi, and thank you very very much for all the help you have given. I intend to see a solicitor, if one can be appointed within the next week, since i may be eligible for legal aid, but this help is invaluable at this time.

 

I completely agree with you about driving uninsured, etc, but i want to assure you that i have had my license for over 4 years and i have not for even a day driven my vehicle without insurance or any other or would contemplate switching on a engine, let alone handle a car, knowing im not insured for it. I have also not been engaged in any other accidents either.

 

This circumstance was different, in which i believed at the time i was covered to drive, since i had no reason to suspect that the vehicle owner would lie to me. That was the first time i drove that vehicle that day and the last time as well. I was driving it to drop the owner somewhere as a favour to him, and this occured on my way home.

 

I would not in any way, shape or form condone or recommend anyone to drive without insurance, im usually the type of guy that goes around moralising other people, even before the mentioned accident occured, so the factor of getting a wake up call, i dont think applies, just choosing and trusting friends more carefully in the future and double checking things out, does.

 

Also, for counter claiming, i think i will need to pay £65-75 in costs to the court, but since the repairs was carried out over 2 years ago, from a private garage, i dont have the reciept anymore, and dont know if ill be able to obtain one either, so if the lack of evidence means that i wont be able to win, then perhaps i shouldnt even try to counterclaim?

[adnan786]

I would just like to add:

 

To be perfectly honest and blunt - I am not impressed at all with the actions or failures in this particular case of this poster.

 

So in conclusion,adnan786:

 

Please make sure in the future to drive with insurance(no excuses whatsoever) and a car with a valid MOT certificate that shows that the car is roadworthy otherwise you would be prosecuted and end up in jail which you would totally deserve as Bankfodder has stated - what would you have done if you had hit a child or very frail person and injured or in a worst case scenario killed him/her/them?

 

Hi, thank you for your help as well, i appreciate it. I agree and respect your notions, but i didnt drive the vehicle intentionally, knowing that i wasnt insured to drive, otherwise i wouldnt have. I am very careful and particular to make sure that any vehicles ive driven since then are fully road worthy and that i am entitled to handle them. I have tried to be honest here, even at the risk of sounding like a bad immoral person, and i dont blame you for thinking this way, i would probably think the same.

 

Ive got some followup questions that i have asked the previous poster, if you could give your perspective on it aswell or give any further guidance, i would appreciate it.

 

Do you know if i can ask the defendant for her documents etc in order to prepare a defence, or should i just

[adnan786]

Sorry, also if i was to lose, would i get a CCJ on my record if i were to pay within a month of the judgement? Ive heard conflicting accounts where i would get it on my records and it will say satisfied, from it wont appear on my record if i paid within a month, to, i will have to appeal to get it removed if i paid within a month.

[adnan786]

Anyone?

[adnan786]

Have i posted this in the right place? Would i get more replies if i post it to a another section? Sorry if im being annoying, just feel panicky.

 

I was engaged in an incident around 2 years ago, for which i dont feel it was my fault. The third party said they would contact me within due course, but didnt, so i assumed they knew it was their fault and didnt want to go down the insurance route. The damages wernt so much so i thought that was the end of the matter.

 

Now i have a county court claim against me for damages resulting from the incident. I need to know, if i defend this, do i stand a chance in court/ will the accident will be seen as my or the 3rd partys fault.

 

The charges: Damages resulting from a road traffic accident. The value is close to £2000

 

The accident occured as a result of the defendants negligence, in particular, the defendent :

-Drove without due care and attention so as to avoid the collision

-Failed to brake or steer lear of the claimants vehicle to avoid the collision

-Failed to keep any, or any proper lookout

 

There were no independant witnesses, howevere, there was a passenger with the 3rd party.

 

What happened: Basically, i was involved in a car crash 2 years ago, to which i feel i wasnt to blame ( i was changing lanes in standstill traffic, there was space in the left lane i wanted to go into. The vehicle that crashed into me, the claimants, was not moving, so i indicated, then checked to see that vehicle was still not moving and the driver was very busy eating a sandwich, so i proceeded with the monouver, was 75% into it/the left lane i was moving into, and the claimant crashed into the rear passenger side wheel/arch area).

 

I have photographs of the claimants and the vehicle i was driving (the damages), which i feel will corroborate my sequence of events. Her vehicle is damaged on the drivers bumper/wing side, whereas mine is around the rear passenger wheel arch (which in itself shows that most the car had passed into her lane before she sruck it, which would suggest that she didnt keep a proper lookout anyway)

 

Any help/suggestion will be appreciated.

[BankFodder]

Please don't start mulitple threads on the same issue.

 

I think that you have received advice. It is now up to a county court to decide who was at fault