what to expect when accident is escalated to court case?

[DEnSo]

hi all ,

 

would like to know what should i expect when my lawyer decide to escalate the matter to court as the other party's insurance company made no response withthin the stipulated period (for the response) to my lawyer's proposal for settlement regarding a accident claim.

 

i have a strong case , was hit from the bac.

 

thanks in advance for ur replies

[ThePole]

expect a big fat bill, that's for certain.

 

Besides that, go through the case thoroughly with your lawyer. You may have a strong case, but in court, things can go either way. If time permits, check out your CCs for any legal clinic for a second opinion.

[Non Stop Racing]

i know recently there one guy ,school teacher. go court claim 188$ but end up 80,000k bill . due to his case is different lawyer for many yrs. but i have frens who have strong case, go for it. manage to claim 100% of the motorcycle cost and some of the legal fee. go for it dude !

[contrarian]

your question is best answered by your lawyer, not by people who know not enough about your case.

[DEnSo]

i assume the process will take quite sometimes rite? does IO investigation plays a big factor in deciding the outcome? My IO is so hard to reach , in fact i cant even get him for 1 whole mth after meeting him for the 1st time

issit common for insurance coy to not respond and happily let it esclated to court ??

 

thank you

[contrarian]

issit common for insurance coy to not respond and happily let it esclated to court ??

 

no defendant would want to do that, even if he wants to admit liability or wants to contest the claim.

[coolcat]

Agreed. You are paying for a lawyer. Use him.

 

Cheers

 

Cat

[KISS]

I was driving and got hit in a chain collission. I was the one in the front and would most likely 100% to win the case.

I was advised to use a lawyer, and the legal fees was borne by the other drivers insurance companies.

[DEnSo]

juz to verify something

party to party cost will be paid by the other party insurance co if i were to win the case, and on top of tat i have to pay a percentage of the party to party cost to my lawyer as well ?

 

in the event of the claim exceeding 5k , how much the party to party cost will be decide by a public trustee ?

 

best regards

[contrarian]

Courtesy of the Law Society's law awareness programme:

 

The costs you have to pay your lawyer is called “Solicitor and Client” costs. The costs that the losing party pays to the winning party is called “Party and Party” costs.

 

If you lose your case, you will have to pay the other side’s Party and Party costs, as well as your own Solicitor and Client costs. If you win your case, the Party and Party costs received by you can be used towards paying your own Solicitor and Client costs which may be more than your Party and Party costs.

 

If you are awarded more than $5,000 for personal injuries, the Court decides on the amount of Solicitor and Client costs and the Party and Party costs.

 

If you are awarded general damages in excess of $5,000, the money will be paid to the Public Trustee (a government officer) who will then pay you the money. It usually takes 3 to 6 months from the completion of your case for payment to be made.

 

If there is no claim for personal injuries, the money will be paid directly by the insurance company to you or through your lawyer.