[planemad]

Due in court in Jan where our insurer is instigating proceedings to recover £3k for them and £600 for me (my excess).
It’s for an accident 14m ago where we believe we are not at fault.

Has anyone here been to a small claims court and what’s the procedure and formalities? I believe we will be represented there by the lawyer appointed by our insurer. And the basis of the claim is made clear In the witness statements we have completed. Does the judge ask question?

I’m quite easy going with it and not really bothered, but my wife who is the main witness as she was driving is shitting a bricks with nerves.

[teaston]

I thought you didn’t have to attend the small claims court in person, but could just submit your witness statements to be read out in court?

[davyk31]

I have been years ago in a case where someone owed my employers business money. There was a lawyer appointed although this was rare as most people represent themselves. I did have to take the witness stand and answer some questions. Was quite a packed but small courtroom as anyone waiting for their case was also able to sit in the room. Not that daunting but a bit nervy for sure.

[Soul_Glo]

Teaspoon is not wrong. It is optional to make an appearance. I took the Canal and River Trust (formerly British Waterways) to the small claims court for neglecting a barge by our property. As a result our porch was flooded as was the road from the overflow. It went on for months. They said they would send someone. In the end I sent photos, videos and, statements to the court. I claimed 2k for the water damage to the porch. Never attended in person.

[planemad]

UPDATE:

The case has been settled out of court and the 3rd party insurance company have accepted full liability. Good result all round and I get my £600 excess back now!

[JD6]

Originally Posted by planemad

UPDATE:

The case has been settled out of court and the 3rd party insurance company have accepted full liability. Good result all round and I get my £600 excess back now!

Good result and not a big surprise. Around 96% of civil cases are settled without a hearing. http://open.justice.gov.uk/courts/civil-cases/

[teaston]

Originally Posted by planemad

UPDATE:

The case has been settled out of court and the 3rd party insurance company have accepted full liability. Good result all round and I get my £600 excess back now!

Excellent!

[MickyD'bo]

Superb.

[5557223]

Good result!