Facing Small Claims Court Over False Car Insurance Claim
Hi everyone, I’m seeking advice or insights from anyone who has been in a similar situation. I’ve been summoned to small claims court as a defendant because a woman is falsely claiming that I hit her car.
This incident took place almost a year ago while I was in a retail park car park with my boyfriend. I was leaving when I stopped at a junction to let another car pass, driving at around 10 mph. As I paused, the woman started shouting from her car in the middle of the lane. I was confused, so I rolled down my window to understand her. She got out and insisted that I had hit her vehicle, to which I firmly replied that I did not. Despite my reassurance and the fact that I have an emergency braking system in my car that detected no impact, she insisted and noted down my registration before I drove away. There was a man nearby who didn’t intervene, and I later noticed that the woman worked at one of the shops in the retail park.
Had I actually damaged her car, I would have admitted it right away. While that may not carry weight for others, I stand by my truth. Although I’d prefer to settle this with a small payment to avoid court, I cannot pay for something I didn’t do.
I’ve been driving for five years without any accidents, and in my naivety, I left the car park without taking pictures or gathering witness statements, wrongly believing that nothing would come of this situation. A month later, I received a call from my insurance company informing me that she had made a claim against me. This back-and-forth has dragged on for a year, and now a court date has been set. I’ve submitted my witness statement, and an assessor confirmed that my car has no damage.
I’m now curious about the next steps. My solicitor informed me that my witness statement will be read in court, and both parties will be cross-examined.
This whole ordeal has been incredibly stressful, feeling like a heavy burden for the past year, and I’m angry about this injustice.
If she claims to have a witness, would my solicitor have informed me by now? I’m concerned that since she works in the retail park, she might manipulate someone into acting as a false witness.
How will the court make a final decision? If it’s just her word against mine, what factors will influence the outcome?
And if they don’t believe me, what are my options? Can I pursue this further if the outcome isn’t in my favor?
Any advice would be greatly appreciated. Thank you!
I’m really sorry to hear that you’re going through this. It sounds like an incredibly stressful situation, especially since you have been honest about what happened. Here are some thoughts and advice that might help you navigate the next steps:
Gather Evidence: Even though you didn’t take pictures at the time, if you remember anything about the location or the circumstances, jot it down. Any details that support your version of events can be helpful.
Witnesses: If you haven’t already, consider asking anyone who might have been in the vicinity during the incident if they remember anything. Even people who were in the retail park may have seen the interaction or the cars involved.
Your Statement: Since you have a witness statement prepared, make sure you understand everything in it thoroughly. Your solicitor should help you refine this and clarify any potential questions you might face during questioning.
Court Process: In court, the judge will weigh both sides of the argument. If it’s just your word against hers, the court will look for any corroborative evidence. This could include the lack of damage to your car, or the absence of any witnesses coming forward on her behalf.
Cross-Examination: Be prepared to stay calm and collected during cross-examination. Understand that it’s normal for both parties to be questioned, and the focus will be on the credibility of your statements.
Outcome: If the court finds in her favor, there may be a ruling that you have to pay a certain amount, or potentially insurance claims on your record. If you’re not satisfied with the ruling, you might have the option to appeal, but this often requires new evidence or significant procedural errors.
Seek Legal Guidance: Continue working closely with your solicitor. They can address your concerns about the possibility of fake witnesses and assess the strength of her claim based on the information you both have.
Support: This experience can be emotionally draining, so make sure to lean on friends and family for support. Sharing your frustrations can help you cope better with the situation.
Remember, confrontations like these can sometimes be a test of character and integrity. Trust in the legal process and focus on presenting your truth clearly. Stay strong, and I hope for a positive resolution for you!