[Richie1212]

Hello

june 2nd 2023 I had a bump in my car on an Asda car park. I was reversing into a parking space when someone drove through the space attempting to get out the car park using the spaces as a short cut. This resulted in the cars hitting eachother. It’s been a very long drawn out process as the third party have not communicated with my insurer whatsoever resulting in the claim going to court. I’ve been told I’m likely to be found liable as I was reversing. I have 1 witness statement from a by stander which goes in my favour. We tried to get cctv footage but as my insurer didn’t act on this promptly the footage was erased.

Does anyone have any advice as to how this may play out? I will try and attach a diagram to show what happened as it explains everything and it’s quite easy to see what happened

[onestitchloose]

Don't know too much about these things, but if the other side isn't communicating, shouldn't that rest in your favour?

How much damage was done?

[TC1474]

Firstly, don't put any diagrams or pictures up her whilst the matter is still sub judice. You will be amazed who goes trolling through the forums looking for additional evidence that can be used against the third parties.

Who issued proceedings? Your insurers or the third party?

In civil law we have what is called a statute of limitation. What this means is that in the case of personal injury cases, proceedings must be issued within 3 years of date of injury or date knowledge, whichever is the sooner. In damage only crashes the statute of limitation is 6 years.

If the cases are not settled within this time frame, then cases can be struck out, hence the reason proceedings are issued so that the claimants are protected even if it were to take several years to settle (which in catastrophic injury cases is often the norm)

So, if your insurers have issued proceedings, they must be fairly confident of winning, likewise if the other side issued proceedings, so try and find out who is responsible.

If your account is accurate and you have witnesses, that should go in your favour, bearing in mind that the rules of evidence in a civil court are very different to a criminal court, so even hearsay evidence is allowed.

The burden of proof in a civil court is much lower than a criminal court, so the case is tried on the balance of probability of 51% or better, unlike a criminal court where the burden of proof is beyond all reasonable doubt, so a much lower threshold in the civil court.

Having said all that, many cases never actually get to trial as 99% settle on the steps of the court simply because once you step over the threshold of the court steps, costs can rise alarmingly.

So don't be surprised if the case never actually reaches trial, but like I said much depends on who was responsible for issuing proceedings.

If the other side are messing around, chances are that if it does still go to trial, they may not show anyway (not uncommon) and so the case will be found in your favour and they become liable.

In a civil court it is also far more relaxed than in a magistrates or crown court, so if you have to give evidence, don't be phased by it, just tell your side of things and see what happens.

[Richie1212]

@TC1474 thanks for your reply

my insurers issued proceedings as we weren’t getting anywhere and the third party wasn’t responding to numerous communication attempts. The third party has filed a defence with the court but that’s as much as I know

[TC1474]

Originally Posted by Richie1212

@TC1474 thanks for your reply

my insurers issued proceedings as we weren’t getting anywhere and the third party wasn’t responding to numerous communication attempts. The third party has filed a defence with the court but that’s as much as I know

Well its good that your insurers have issued proceedings as it tends to focus the mind of the third party, but is also shows that you are serious about holding them liable.

It is a requirement for the third party to file a defence, but it is usually more of a paper exercise on their part, so don't read too much into that.

So for the moment, all you can do is sit back and see what develops.