Small Claims Court - any one done it?

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TulipBlaze

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As per the title really.

I lost my horse after an accident last year, I am firmly of the belief the accident was not my fault and the other party was to blame. Unfortunately as I was not insured at the time I have had to claim off her insurance. They are refusing to cooperate and I have been left around £5000 out of pocket. As there were no witnesses it is just my word against hers, and as the insured party this seems to put her in a much stronger position.

A friend is encouraging me to pursue it through the small claims court, the thought of which makes me feel sick to my stomach.

Has anyone done this? What was it like? How hard was it? What are the chances of the insurers just agreeing to settle out of court as soon as I threaten them with action?

Any advice gratefully received

(P.S As a result of the above experience I am now fully insured)
 
Do you have house insurance? If so you are probably covered for legal advice/fees on this, so it would be worth checking your policy.

This does not just apply to matters relating to your house.
 
I began such a claim in May 2012 after a car accident for which I was not at fault and for which my 6 week old car was almost written off. It was not resolved until January 2014 and involved numerous phone calls and an agreed court date before the third party insurers were prepared to settle. It was a lengthy and stressful process which was not helped by a claims company (recommended by the cars manufacturer) who had appalling service and kept delaying the process by losing paperwork/giving incorrect information.

I am glad that I stuck with it since my car had almost £10k worth of damage and I suffered whiplash which still causes me problems now. The amount settled for did not cover all my losses but was enough that I was happy to get it over and done with.

I would in this type of scenario do it again but would not for really small claims as it is not worth it IMO. I think if you have sufficient evidence, it is worth making a claim in your case, but personally I would like to go into it believing I had an 85-90% chance of winning (not a legal requirement) and being prepared that I may lose.
 
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Any litigation process is expensive, usually quite lengthy and stressful Also if you don't win you may also be liable for the costs of the other side
 
I did, but not for anything like that. So called "friend" relieved me of 600 bales of hay and then decided she wasn't going to pay for them, I did get a settlement largely in my favour, and including costs, but before you do, make sure your case is cast iron in legal terms (which isn't the same as morally) because the fees are not inconsiderable these days. And also make sure the defendant has the money to pay - hollow victory if you win but still can't get the cash. Consumer Direct at CAB are very helpful at assessing how much of a case you have, give them a call.
 
The biggest advantage of the Small Claims Court is that if you get a judgement in your favour then the defendants name and house will always come up in searches by other organisations such as credit companies.
 
Yes about 5 times so far, mainly non paying customers for goods made for them (bespoke) and have won all of them, last one was suing the manufacturer of my saddlery workshop, which was very badly made, won that too!
That went on for 18 months, I had to collect a lot of evidence, I represented myself through all of them, laid down the facts and told the truth. I won half the money back on my workshop, the defendant waited until the last day to send me a cheque which I of course I had to wait to clear. They try to delay you all they can!
I have sent bailiffs in to non payers after court too.
What let's the guilty down I find is, to be a good liar you have to have a good memory, the defendants I was up against were awful liars and I tripped them up easily.
Oz
 
I'm not sure if things have changed but I used to be a motor claims case handler and the limit for a small claim was up to £5k

Therefore if your bill is £5k you would not be able to go through small claims. over £5k was a fast track claim, but I'm not sure if that was just the type we used for motor claims?
 
Is there merit in getting someone skilled to look at the insurance claim and see if the insurers decision can be appealed? I think I would try this first
 
Small claims limit is now 10k
You can submit the claim online and costs (as in a solicitor) cannot be awarded either way. So well worth doing
 
iaej said:
I am glad that I stuck with it since my car had almost £10k worth of damage and I suffered whiplash which still causes me problems now. The amount settled for did not cover all my losses but was enough that I was happy to get it over and done with.
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I had bad whiplash years and years ago that I still get repercussions from sometimes. I find chiropractic (and sometimes massage) best for managing it.
 
I threatened to sue a saddler who had taken a saddle to sell and then not passed on the money. I used online templates to send two recorded delivery letters stating what I thought the problem was and what I wanted to happen - £500 or my saddle back - and had signed/dated receipts photo copied. I was sent a check directly after the second letter arrived so I didn't actually go to court. The CAB were very helpful in directing me in putting it all together, but fundamentally it was very simple.
 
TheOldTrout said:
I had bad whiplash years and years ago that I still get repercussions from sometimes. I find chiropractic (and sometimes massage) best for managing it.
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That’s great. I’ve had great results with chiropractic too. I have two chiropractic manual adjustment sessions in Mississauga every month at the Erin Mills Health facility there, and it has really helped me keep my sciatica and back pain at bay. Whiplash can get real bad at times. I have a friend who still suffers from it despite trying nearly all forms of treatment.
 
Mince Pie said:
From the sounds of it you don't have a case? If there are no witnesses what is your evidence of wrongdoing?
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I'd be careful of this too.
You have to be sure a different person would see a different result, or they may come to the same conclusion as the other persons insurance company.

Can you appeal the decision then speak the ombudsman before going to small claims court?
 
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