Will I need to go to court?
Accident before May 31st 2021
If despite all negotiations, responsibility is not admitted or a level of compensation cannot be agreed with those admitting responsibility, we may start court proceedings while continuing negotiations to settle your claim. This will only ever be done with your informed consent. Only when negotiations fail and your claim cannot be settled do we commit the case to court (or arbitration if it is against an untraceable driver). Please be assured it is very rare for cases to go to court.
If you are representing a child, you will have to attend an infant approval hearing. These only take up to 15 minutes and are there for the judge to see/ask if the child is recovered. We will instruct a barrister to represent you in court and will talk you through this in detail ahead of time.
Accident on or after May 31st 2021
If it is not possible to reach a liability agreement, provided we still believe your claim has prospects of success, we will need to start court proceedings (or request the matter go to arbitration) which may involve a final hearing. This will only ever be done with your informed consent.
Once liability is resolved, the next step will be to investigate the value of the claim and agree with the other side’s insurer the appropriate amount of compensation to be paid. If it is not possible to agree on a figure, we may need to start court proceedings. You will be able to challenge any offers up to a maximum of three times before starting court proceedings. If an agreement cannot be reached, then we will ask a judge (or arbitrator) to decide it. You may have to attend any final hearing.
If your claim is proceeding through the Official Injury Claims portal, the portal aims to help avoid or reduce the need to go to court. You may be required to attend court, particularly where liability is disputed or the issues are more complex. If your claim cannot be settled through the portal, you can ask the court to determine/decide your claim. It is possible in some circumstances that the court will determine the matter on the papers alone, which means you won’t need to attend a hearing.
