Witness expenses, court case 200 miles from crash site?
Discussion
Hungrymc said:
Responder.First said:
There is no civic duty anymore, its every person for themselves!
Let the suffer, you go sailing.
Which is partly fair, but the process of settling accident disputes is already a mess based on claim handling companies trying to exploit each other in hope of a best outcome for themselves in reclaiming obscenely inflated hire car costs etc. Let the suffer, you go sailing.
I'd actually say the whole process has been corrupted and this undermines any notion of civic duty.
Terrible shame.
But, the insurance company who are wanting me as a witness have messed me about.
OTOH, I do empathise with their client. But maybe he's going to get a life lesson about cheapskate insurance deals.
The court system in this country is broken. We've got people waiting years to be tried for alleged serious crimes, while people argue about the insurance on a dented car.
Even if I do my bit, I have zero faith in the right outcome happening.
The cost of me going to court is a fair chunk of the value of either of the cars in question.
Why is there a court case 200 miles from the incident?
Lawyers - Terry Pratchett quote
'Hold on, hold on, there must be a law against killing lawyers.’
‘Are you sure?’
‘There’re still some around, aren’t there? (TT)
I got a night in a nice hotel of my choosing.
I witnessed and called in some dangerous diving in Scotland - I live in England.
Police Scotland took it seriously and stopped the vehicle concerned. I was asked to attend as a witness, there was no problem with accommodation which they booked.
I was half an hour away from the hotel when I got a call to say he was pleading guilty to a lesser offence. So, night in a nice hotel. Good breakfast and a pleasant leisurely drive home.
At the time I was an employee, and my company was happy to give me time off. Now I’m self employed, the thought of a day and a half of lost business.
I witnessed and called in some dangerous diving in Scotland - I live in England.
Police Scotland took it seriously and stopped the vehicle concerned. I was asked to attend as a witness, there was no problem with accommodation which they booked.
I was half an hour away from the hotel when I got a call to say he was pleading guilty to a lesser offence. So, night in a nice hotel. Good breakfast and a pleasant leisurely drive home.
At the time I was an employee, and my company was happy to give me time off. Now I’m self employed, the thought of a day and a half of lost business.
The location of the accident has no bearing whatsoever on which Court the matter is head.
Normally, the Claimant issues in their home Court or the home Court of their Solicitors. Then upon allocation of the case, the Defendant is given the opportunity to have the matter moved to a Court of their own choosing.
Normally, the Claimant issues in their home Court or the home Court of their Solicitors. Then upon allocation of the case, the Defendant is given the opportunity to have the matter moved to a Court of their own choosing.
KungFuPanda said:
The location of the accident has no bearing whatsoever on which Court the matter is head.
Normally, the Claimant issues in their home Court or the home Court of their Solicitors. Then upon allocation of the case, the Defendant is given the opportunity to have the matter moved to a Court of their own choosing.
Perhaps the defendant should have taken witnesses into consideration and elected to use a local court and maybe local lawyers?Normally, the Claimant issues in their home Court or the home Court of their Solicitors. Then upon allocation of the case, the Defendant is given the opportunity to have the matter moved to a Court of their own choosing.
They've not exactly shown me much consideration or respect as a witness, so if their case collapses due to lack of witnesses, so be it.
I replied to the email days ago saying I'm not available, I've yet to hear back.
As I've got the names of the beligerants, I guess I might be able to look up the outcome of the case somewhere?
Hi,
Are you sure that it is actually court that you have been asked to attend?
There is a possibility that it is some form of hearing or a panel which is deciding something like insurance culpability or similar (I have attended these in the past), and they might be using the court buildings.
From experience I doubt very much that a minor accident in Devon is being dealt with in Birmingham.
The only way that I can see that it would be, if for example, the car and driver were part of a much wider investigation and when one of the cars was recovered, interesting items were found within relating to an ongoing Midlands issue.
Are you sure that it is actually court that you have been asked to attend?
There is a possibility that it is some form of hearing or a panel which is deciding something like insurance culpability or similar (I have attended these in the past), and they might be using the court buildings.
From experience I doubt very much that a minor accident in Devon is being dealt with in Birmingham.
The only way that I can see that it would be, if for example, the car and driver were part of a much wider investigation and when one of the cars was recovered, interesting items were found within relating to an ongoing Midlands issue.
mkjess123 said:
Hi,
Are you sure that it is actually court that you have been asked to attend?
There is a possibility that it is some form of hearing or a panel which is deciding something like insurance culpability or similar (I have attended these in the past), and they might be using the court buildings.
From experience I doubt very much that a minor accident in Devon is being dealt with in Birmingham.
The only way that I can see that it would be, if for example, the car and driver were part of a much wider investigation and when one of the cars was recovered, interesting items were found within relating to an ongoing Midlands issue.
Yes, the letter is quite clear, it's civil trial at county court, the insurance co is the defendent.Are you sure that it is actually court that you have been asked to attend?
There is a possibility that it is some form of hearing or a panel which is deciding something like insurance culpability or similar (I have attended these in the past), and they might be using the court buildings.
From experience I doubt very much that a minor accident in Devon is being dealt with in Birmingham.
The only way that I can see that it would be, if for example, the car and driver were part of a much wider investigation and when one of the cars was recovered, interesting items were found within relating to an ongoing Midlands issue.
So it's a civil trial and County court!
In that case you have misled everybody who has either read or contributed to this thread.
You have portrayed this (by not making it clear) as a trial at either Magistrates or Crown Court with one of the drivers being the defendant, and then moaned that you are hard done by, and that the legal system is broken.
If you haven't been issued with a Summons then you do not "have" to go. I personally would contact the party who is requesting your presence and either explore whether you do really need to attend. Have they taken a statement from you, and if so, that would probably suffice?
If they do "wish" you to attend, you are then well within your rights to request reasonable expenses (travel, accommodation, food etc).
In that case you have misled everybody who has either read or contributed to this thread.
You have portrayed this (by not making it clear) as a trial at either Magistrates or Crown Court with one of the drivers being the defendant, and then moaned that you are hard done by, and that the legal system is broken.
If you haven't been issued with a Summons then you do not "have" to go. I personally would contact the party who is requesting your presence and either explore whether you do really need to attend. Have they taken a statement from you, and if so, that would probably suffice?
If they do "wish" you to attend, you are then well within your rights to request reasonable expenses (travel, accommodation, food etc).
OutInTheShed said:
Minor point of fact, you're wrong.
I'm assuming it's a case between two participants in a RTA?On the paperwork it'll likely have a case title. Something like 'Samantha Crumple-Zone (claimant) Vs Brenda Backenda (defendent'. Those are the parties.
The insurer picks up the bill and arranges the legal representation but the person being sued is the driver.
The solicitor who emailed me, lists the case as A Bad-Driver vs Slimy Insurance LTD.
I'd assumed it's the other party's insurer, it was the other party to whom I gave my details, but maybe not?
Maybe Bad-Driver is suing their own insurer?
Or of course the solicitor could be a bit vague and has told me incorrectly.
I'd assumed it's the other party's insurer, it was the other party to whom I gave my details, but maybe not?
Maybe Bad-Driver is suing their own insurer?
Or of course the solicitor could be a bit vague and has told me incorrectly.
Sometimes it's a case that the insurance company has paid out and the insured customer has now moved on with a fault claim against their name.
The insurance company still pursues cases where it sees it worthwhile to get funds back from other party i.e. it has a high probability case. If the insurance company wins case and gets money back then it will reinstate the insured customers status back to no fault claim.
The insurance company still pursues cases where it sees it worthwhile to get funds back from other party i.e. it has a high probability case. If the insurance company wins case and gets money back then it will reinstate the insured customers status back to no fault claim.
leef44 said:
Sometimes it's a case that the insurance company has paid out and the insured customer has now moved on with a fault claim against their name.
The insurance company still pursues cases where it sees it worthwhile to get funds back from other party i.e. it has a high probability case. If the insurance company wins case and gets money back then it will reinstate the insured customers status back to no fault claim.
Wouldn't that make Slimy Insurance LTD the plaintiff?The insurance company still pursues cases where it sees it worthwhile to get funds back from other party i.e. it has a high probability case. If the insurance company wins case and gets money back then it will reinstate the insured customers status back to no fault claim.
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