If I Make An Accident Claim, Will I Have To Go To Court?

July 9, 2015 Legal

If your accident claim value is not disputed and liability is accepted by the other party, you will not have to attend court to seek a positive outcome for your case. This applies to the vast majority of accident claims. However, if the facts of an accident are disputed, and the other party does not make an offer to settle, then court will likely be required.

If I Make An Accident Claim, Will I Have To Go To Court?To increase efficiency, the claims process may not officially start until the other party responds to the case. It is the other party’s response that will determine whether or not any court action is required. If a claim is disputed, then your solicitor may indeed start your claim at court. This may sound daunting, but it’s important to remember that every year thousands of cases just like yours end up under the scrutiny of the courts.

The court process is a lengthy one. Correct procedures must be followed before a hearing for your claim can take place. Before evidence is submitted to the court, your solicitor will ensure that everything is in order. If you are making a claim on your own behalf, at this stage it would be worth seeking advice from firm like UK Claim Lawyers (open site) so that you understand what the court needs from you, and whether you’ll need a barrister.

When it comes to determining who is liable for your accident, written evidence is usually sufficient. In such cases, it’s unlikely you will have to attend court yourself. However you may have to attend court to provide verbal evidence and a statement if your case is complicated. If liability is ascertained, you will either walk away with a settlement figure or you will lose your case. If liability is not ascertained during a hearing, then your accident claim may go to trial – this is extremely rare in the United Kingdom, and it’s highly unlikely that your accident claim will do so. During the process, you may be contacted by the other party offering an out-of-court settlement. Approach this with vigilance, as the amount you are offered may be insignificant compared to the amount you may receive in the courts.

If you are worried about the possibility of your claim going to court, ensure that you or your solicitor presents the strongest case possible to the other party. Written, visual and medical evidence combined can increase the chances of claim success significantly. Your solicitor will attempt to build as strong a case possible. It’s important for you to take a step back at this stage and to let your legal representative do this properly using the correct procedures.