I'm Going To Court.

[Provost Harrison]

That is the pity of this situation, alas

[Zkribbler]

Originally posted by Flubber
hmm

Just curious but did you have to sue him personally-- was there no insurance company involvement?

The rule differs, depending on the state. I know in California, you sue the driver.

Once you actually get a judgment against the driver, then you are deemed to be the beneficiary of the other guy's policy. If the insurance company doesn't pay the judgment, then they can be sued in a pretty dead-bang case.

[Standup]

As a non car owner i've noticed that drivers always think they're in the right so your opponent probably believes he is a great driver and you were in the wrong and only the faulty english legal system has frustrated him.

[Provost Harrison]

Nah, he was trying to get away with what he could hoping I'd cave in, even though he was in the wrong...looks like he didn't have the stomach to face off against me in court

[Zkribbler]

Originally posted by Provost Harrison
HAHA! The other party has backed down faced with the prospect of getting their arse kicked in court I've got the excess back and am now in the process of getting the money back lost in losing my no claims bonus

Dunno why, but this reminds me of a story about my brother back in the days when he was a beginning attorney.

The lazy defense counsel was late to everything during the entire lead up to trial...and the judge got really ticked at him. Came the day of trial, my brother was there, the client was there, but no defense counsel and no defendant. Tick, tick, tick. Finally, the judge asked "Mr. Zkribbler's Brother, do you have a motion to make."

My legal genius brother replies, "Errrr...yes...I uh move that our side win."

The judge says, "Granted.'

My brother and his client are chatting; the court room is otherwise pretty quiet. After about 10 more minutes, defense counsel and client arrive and beginning setting up.

The judge says, "Mr. Defense Counsel, let me explain what has happened. When you and you're client failed to appear, Mr. Zkribbler's Brother moved that his side win. I granted that motion."

Whoooweee...the legalese was flowing that day, wasn't it?

[Gibsie]

Bit tough to make sense of that story, but: ha!

Also PH, could you have said that you don't want to settle and demand he goes to court? That would've been funny!

[Provost Harrison]

I think I would be classed as a timewaster if I did that...besides my insurers accepted on my behalf, I didn't get the choice And they paid interest too