To think this is a major conflict of interest

(32 Posts)
MoreSnowPlease Fri 08-Jul-16 14:51:40

We had a car crash a few weeks ago. The other driver was drunk, jumped a red light and smashed into the side of us at about 50mph in a 30mph zone at traffic lights. The car was a write off. It couldn't be any clearer with who was fault.

It turns out we have the same insurance company and that we have been appointed legal cover from the same company too.

Now, I'm not sure what to do but this screams 'they are going to fuck you over' to me.

Anyone work in this field that can help me please?

Birdsgottafly Fri 08-Jul-16 14:59:31

If he was drunk, that should invalidate his insurance, for his part of the claim, but that's not your concern.

Wait until you have a decision and if you don't agree with it, discuss it with your Solicitor.

It honestly isn't worth gathering horror stories (which are never quite true) and worrying, unnecessarily.

It would be in the insurances interest to side with you and discredit him, as he will be facing a ban anyway.

MoreSnowPlease Fri 08-Jul-16 15:12:04

But the solicitor also has a conflict of interest being from an offshoot of the same company.

Do the insurers rely on the police investigation to determine fault? Because although he was breathalysed at the scene and was over the limit, when they got around to doing the evidential breathalyser, he was still over the limit but not enough to prosecute for drunk driving.

LurkingHusband Fri 08-Jul-16 15:17:43

Are you saying it's the same solicitor, or the same company ?

Same solicitor is a no-no. Same company ... well it should be OK, but if you have any concerns, contact the law society. They advise on ethical matters.

I agree, in the interests of appearances, there should be different companies appointed.

MoreSnowPlease Fri 08-Jul-16 15:21:29

The solicitor is part of the insurance company that we share. I don't know what solicitor the other party is using, but I assume it will be the same one.

MoreSnowPlease Fri 08-Jul-16 15:22:13

I will contact the law society, thanks

OurBlanche Fri 08-Jul-16 15:32:06

It doesn't quite worklike that. They will deal with simialr cases all the time and there are both internal and professional procedures in place to ensure that both insurer and solicitor act independently, for you the client... it's got a name like French Wall or something equally daft... but they will regularly have similar cases were a conflict of interests must be avoided.

As Birds said, don't go looking for the horror stories... they are almost entirely urban myths.

OurBlanche Fri 08-Jul-16 15:35:41

Oh, it won't be the same solicitor... so I don't know what he Law SOciety will od, unless you have proof that it is the same one. Which it own't be as they will use any nymber of solicitors. Again, they will have had cases like yours before.

Remember they don't care about you as individuals. They have no reason to screw you over to save the other driver. I don't know why you think I'm not sure what to do but this screams 'they are going to fuck you over' to me.

KissMyArse Fri 08-Jul-16 15:35:44

Just wanted to mention that drink driving doesn't invalidate their insurance.

LurkingHusband Fri 08-Jul-16 15:37:13

it's got a name like French Wall

"Chinese walls" - for no reason that I know of

KissMyArse Fri 08-Jul-16 15:38:00

Should have elaborated in last post - pressed send too soon!

"Insurance companies do remain obliged under the Road Traffic Act to meet the costs of any claim by a third party for injury or damage.

So the fact that you were drink driving will not invalidate claims made by anyone injured as a result."

Theimpossiblegirl Fri 08-Jul-16 15:40:28

I wouldn't worry. Someone will have to be found at fault whatever happens, and it won't be you.

splendide Fri 08-Jul-16 15:47:30

Chinese wall as in great wall of china I think. It's sort of falling out of use in literature (I've seen ethical wall used instead) but still used a lot in the office in my experience.

I wouldn't worry about it unless/ until there is an outcome you are unhappy with. Big insurers are very often in the position where they have insured both sides of an accident.

OurBlanche Fri 08-Jul-16 15:54:10

Chinese?? Ach! Thanks Lurking , that was bugging me smile

Chinese wall OurBlance

OK my mumsnet being stupidly slow to refresh there, x posted with half the world...

Idontknowwhoiam Fri 08-Jul-16 16:01:31

I've dealt with it in house insurance and it just gets moved from one claim to another.
Claims get audited by FCA so it wouldn't be worth the fine and their license to mug you off.

OurBlanche Fri 08-Jul-16 16:03:42

smile

chipsandpeas Fri 08-Jul-16 19:02:18

someone once ran into the back of me wrote the car off, we had the same insurance, anyway it made things a lot quicker in getting the pay out from the insurance co

Hamishandthefoxes Fri 08-Jul-16 19:12:33

The insurance co are likely to have a reasonable size panel of law firms which they refer claims to. They're unlikely to deal with that bit in house.

CarlGrimesMissingEye Fri 08-Jul-16 19:17:53

Yes. It's a Chinese wall. We used to have to do similar in chambers when we had two barristers in house on opposite sides of a case. It's taken very seriously so I wouldn't worry too much. The wall means that particular care is taken not to cross information, even admin staff get split across sides often so they can't accidentally mess up.

MoreSnowPlease Fri 08-Jul-16 22:32:34

But the thing is, there's no incentive for our insurance company , and therefore solicitor, to fight to get us as much compensation as we can because they are paying it!

Yes there are apparently measures in place to prevent wrongdoing, but at the end of the day, our solicitor will try to keep the value of our claim down because their company is paying it.

SouperSal Fri 08-Jul-16 22:44:59

Appoint your own solicitor then.

MoreSnowPlease Fri 08-Jul-16 22:47:51

Well yes, but I want to know if I need to, am I right to be worried, or not?

Lelloteddy Fri 08-Jul-16 22:52:38

You seem convinced that you will be screwed over, despite a number of people in the know telling you that you won't.
Therefore appointing your own solicitor might be a sensible move.

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