Where Does Default Judgment Fit into the Accident Claims Process?

During the accident claims process, you will most likely lodge a claim for a personal injury of some nature. After which the services of a personal injury solicitors is sought.  Now, we know there are several ways in which a personal injury claim can be settled. In most cases arbitration can be had, this means that in many cases claim settlements happen outside of court. But what will happen if the guilty party denies your claim or does not respond? This is where a judgement in default of defence can play a role when you make a claim for compensation.

When a case goes to court;

  • Your personal injury solicitor has announced court proceedings against the defendant, they must take action.
  • Failure to acknowledge their service of defence will result in the court making a default judgment.
  • This default judgement can be in favour of either party.
  • But the failure of the accused (in this case the party you are claiming against) to attend the court will count against them in a final decision.

During these proceedings, the court will provide a time period in which the guilty party must acknowledge their service of defence. If the defendant doesn’t respond to the court’s order or fails to show up, an application can be made. The application will be towards the court for judgment in default of defence.

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Example: Default Judgment When Making Accident Claims.

You are the victim of a road traffic accident that was in no way your fault.

  • After the accident, you hire a solicitor to help you with your claim. 
  • Once the court has agreed that your claim is valid, they will summon the guilty party to stand trial in court. 
  • The court will provide an exact time period on which the defendant must acknowledge their service of defence.
  • On the day of the trial, the defendant doesn’t show up. As a result of this, you appeal for default judgment.
  • This means the court may grant your claim as a result.

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The Claimant, the Solicitor and the Court Involved in the Accident Claims Process.

Once the application has been made, the judge will investigate to see whenever a defence has been received. If not, then you will receive the judgment in default. Even if the court declares you the victor, a hearing will still take place to work out the value of the damages. This means that you could receive the appropriate compensation, the court must only determine the amount.

The guilty party can appeal to the court, and ask them to move the judgment to a later date. This is however only possible if the defendant (in other words; the party you make a claim against) provides a valid reason.  Luckily if you hire the right solicitor to make accident claims you don’t have to worry about the other party’s defence.

Our best advice? Find a no win no fee solicitor whom can assist in achieving the best possible outcome. They will also need to represent you in court. Legit Claims can assist you with personal injury services including how to find a personal injury solicitor and other resources on making successful accident claims. We are standing by to help you get the compensation you deserve.