Road traffic accidents (RTAs) are a regular feature in small claims lists at county courts. This article seeks to explain the procedure when attending an RTA hearing as a witness.
The claim is often brought on the behalf of and/ or against the car insurance companies. The people involved directly in the RTA are usually however named as the claimant and defendant, this is called a subrogated claim as the insurer is essentially stepping into the shoes of those involved in the RTA.
Before the hearing
It is important for the parties to speak to their advocate in order to confirm their version of events and to provide further instructions. This is usually done via a telephone conference before the hearing date, and again when at court. It is therefore advisable to arrive at court when your advocate does in order to have sufficient time to discuss the case.
It is essential that you read your witness statement in the days prior to the trial, as well as on the day of trial to refresh your memory. This will also allow you to confirm whether any information is incorrect and needs addressing before you give evidence.
In Court
When the case is called, the party bringing the claim will usually sit on the left of the court room, and the defending party on the right. The matter will likely be heard by a district or deputy district judge, who is addressed as “judge”. Your advocate will speak for you; you will only be required to speak when giving evidence.
There will be a short introduction addressing any narrowing of issues and agreements. For example, the parties may agree quantum (the amount the claimant seeks) as being accepted, subject to liability being proved. This assists the judge as they will know what matters they need to decide.
Giving evidence
The claimant’s case is heard first, with the witness being asked to sit in the witness box. The judge may then require the witness to swear an oath or affirmation that they will tell the truth. The claimant’s advocate will then ask them to confirm they have read their witness statement and that the contents are true and accurate. Any issues with the accuracy of the witness statement can then be addressed by the witness at this stage. When necessary, some advocates will then request permission to ask their witness some non-leading questions regarding their statement to clarify some points.
The advocate for the defence will then have the opportunity to cross examine the claimant witness(es). This will involve leading questions which put the defendant’s case and seek to discredit the claimant’s evidence. After which the judge may have some questions for the witness. The claimant’s advocate is permitted to ask questions in re-examination to ensure clarity of the evidence given.
When the claimant witnesses have been examined, the same process is then carried out for the defence witnesses.
Submissions
After the evidence has been heard, the advocates will then give closing speeches/ submissions. This can sometimes involve heavy intervention by the judge. The defence advocate will go first and will make submissions regarding the evidence given and will seek to argue the claimant hasn’t proven their case. To prove their case, the claimant must have established their version of events on the balance of probabilities, meaning the judge has to think their version is more likely. The claimant will seek to argue they have discharged their burden of proof and that the defendant’s negligence is the reason why the claimant has suffered losses.
Advocates usually cite rules from the Highway Code and make arguments comparing photographs of the damage to their client’s contention as to how the accident happened. If necessary, the advocates will also make submissions regarding the sums claimed if there is a disagreement, this is usually items in the repair invoice such as cleaning products and other sundries used during the repair.
Judgment
The judge will then give their judgment. They will summarise the parties’ arguments, the evidence given, and their opinion on what the outcome should be. The judge can decide no party was at fault, both parties were partly at fault, or a party was fully at fault. Where a judge finds a claimant partly at fault, this is called contributory negligence and will involve a reduction of the claimed sums based on the degree of their wrong doing (e.g. 25% reduction). The successful party usually gets their costs; in small claims these are fixed fees paid to the court.
Members of Becket Chambers can assist in proceedings relating to road traffic accidents; please contact the clerks via clerks@becket-chambers.co.uk for more information.
