Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Money matters

Find financial and money-saving discussions including debt and pension chat on our Money forum. If you're looking for ways to make your money to go further, sign up to our Moneysaver emails here.

soliciter advice re- car accident and personal injury claims.......please help me before I thrreaten to nail someone to their PC!!

28 replies

ChristmasSendsMePsycho · 09/12/2007 21:44

this is long and I may ramble so please bare with me.....

backstory_

I had a nasty car accident in may 2006, (not my fault) resulting in whiplash and hip injury for me (and then depression) and knee injury in DD2 who was also in the car. DD claim is sorted, mine still on going as still in pain.

Fast forward to october thisyear_...

ANOTHER car accident, again not my fault, only this time with ALL the kiddies in the car plus a friends 2 as we were off out for the day during half term. A man came from a side road, around a slow moving bus which was blocking him (he kind of U-turned around it) and went to go down the jucntion almost at a cross roads to him only didn't realise that I was there and so head on collision. (Oh, to clarify, I was on the right side of the road, the bus was on the right side that he should be on, ie bus and me both driving correctly. the car came from my right to go down a road on my left. I hope I am making sense??)

Luckily (and there can be a lucky in this), no-one was actually going above about 25m an hour as this was a quite residential road, in fact was round the corner from my house. this resulted in NOT awful injuries, but still injuries none-the-less.

DD1 hit the windscreen (she had just unclipped as she had dropped something and she felt safe to do so. we all learnt a valuable lessong that day!!!), resulting in a head injury. she hit with such force the windscreen shattered so imagine had we been faster. NO, don't imagine...to awful for words!
DD2 actually saw the car and remembering last year braced herself for impact damaging her wrist's slightly and getting whiplash.
DD3 hit the bench seat in front of her (she was in a lap belt highlighting those dangers) and broke her nose.
DS1 flipped forward as he too was in a lap belt (this was a toyota previa MPV - 8 seater) and hit the side of my seat getting a friction burn.
DS2 was hit by DD3 as she flipped backwards and he got a head injury and vlack eye as she hit with force and heads are hard!
friends kiddies both got seatbelt bruising and whiplash.

ALL children properly in either car seats, booster seats or belted in (well, except DD1 as explained) and so were so very very lucky not to have been worse.

I on the other hand faired worse.
I saw the car so slammed both feat to the floor in a bid to brake......braced my hips and pelvis and now have 'moderate damage to my sacro-illiac joints', hit the steering wheel on impact damaging ribs and causing the ligaments to swell (soooooooooooo painful), and also yet another whiplash.
now back on the very same painkillers that I was on last year that I believe aggravated my depression, and also got some post traumatic stress (which is common, specially as my entire family bar DH was in the car plus the guilt of my friends two kiddies).

NOW the problem which needs the advice...

got a letter yesterday from the solicitor handling THIS accident.

he is apparently dropping our case as he hasn't heard from us in 14days, we haven't yet given him proof of our excess for the car, and as there was no injury to driver, no passenger, and no losses we no longer need him.

WTFx 100000000000000000000000000000000

DH rang company to say that:-

1, we have indeed had contact, well wife has, but they refused to speak to me as I wasnt' the policy owner data protection yada yada and even tho it was ME that was the claimaint(is that the right word?)
2, the excess was taken by the insurance company before they even sent the cheque for the car
and 3, there was indeed personal injuries, and how on earht have they lost the files on 7 kiddies..........???????????????

there response.....ooh, that department isn't open on saturdays and the letter stands anyhow as we hadn't rung them in 14 days and this is standard procedure to drop cases if the contact stops for longer than this.

It wasn't helped that this came while I was trying to organise DD3 birthday party. I lost it BIGTIME, DH had to scrurry away the kiddies and I let forth so many bad words the air was very very blue, and I don't often swear. DH told me that it wasn't his* fault and disappeared and I ended on the floor unable to speak and scared the kiddies who ventured down to check on me.
flame rang about an hour after all this and I still coudn't speak much I was that upset!

so.....is this right? can they in fact state that it is standard proceedure if contact is longer than 14 days? (ours wasn't anyway as I had rung, he just wouldn't answer my questions cos of BLOODYDATAPROTECTION). I mean, what if we had gone away or in hospital or just anything???? surely this isnotright!

also....why should we have to provide proof of something that the insurance company did.....this is up to them to get from said insurance co or tis between them both?

and how on earth can they state about the lack of personal injury....DH checked when he rang the ref.no's etc....they were correct.

I hope I am making sense, but DH is taking the day off tomorrow to get all this sorted and I am going to have to speak to them too at some point. I just want to know how to ask them things calmly, without swearing and mostly....without threatening them with a nailgun!!(altho, the satisfaction would be huge as our assigned solicitor is a rude condisending B@ST@RD who has a pole up his arse.

thankyou sooooo much if you read and understood me

OP posts:
ChristmasSendsMePsycho · 09/12/2007 22:01

bumping myself as would appreciate some calm advice for morning pretty please

OP posts:
RudolphtherEDDASnosedreindeer · 09/12/2007 22:13

OMG sorry, have no idea where you stand but

Hope someone can help you, keep bumping as someone with knowledge is bound to come online

Freckle · 09/12/2007 22:17

I assume that this is a solicitor who was appointed on your behalf by your insurance company? If so, contact the insurance company and say that you are unhappy with the standard of service and wish to appoint your own solicitor.

Go and find a decent solicitor (ones appointed by insurance companies are usually doing things for a fixed fee/lower rate than usual so are less conscientious) and he/she will write to your insurance co. asking for their permission to act on your behalf. Happens all the time and there is usually no problem.

DoesntChristmasDragOn · 09/12/2007 22:17

What a nightmare!!

Your DH needs to phone again on Monday when everyone should be at work.

ChristmasSendsMePsycho · 09/12/2007 22:20

thankyou for reading...and bunping. it rather long so wonder if that is putting people off

OP posts:
ChristmasSendsMePsycho · 09/12/2007 22:23

freckle.....we did actually ask our solicitor from the other car accident to represent us as she is truly lovely as she agreed, but when we told the insurance company of what we were going to do they said we weren't allowed to and should we then they would take the money back for the written off car.

is that legal tho are were they trying to scare us??

OP posts:
FlamesparodyOfAChristmasName · 09/12/2007 22:45

Sounds about right to me... (the writing, not the events)

ChristmasSendsMePsycho · 09/12/2007 22:49

events???? whats wrong, have I cocked something up???

OP posts:
FlamesparodyOfAChristmasName · 09/12/2007 22:51

Nooooooooo, the solicitors being arses doesn't sound "right" as in legal etc.

ChristmasSendsMePsycho · 09/12/2007 22:55

still need some calm questions to ask tho otherwise I gonna be rude and then they will not like ma anymore and red flag me

OP posts:
FlamesparodyOfAChristmasName · 09/12/2007 23:16

I made these smilies dontcha know ('cept )

BahHunkerBug · 09/12/2007 23:20

Can you make an appointment at your local CAB?

ChristmasSendsMePsycho · 09/12/2007 23:20

i did know actually[poking tongue out one needed]

remember you bouncing last year when you made them and they were accepted.

told megs tonight that you made them and she 'well impressed'

ooh man asking something....you still up??

OP posts:
ChristmasSendsMePsycho · 09/12/2007 23:23

hunker....not thought about CAB...will ask psychoman his thoughts!!

flame.....psychoman(see what I did there) would like to know if you still got microsoft word on disc and if so could he please borrow it (well, whatever it was we had on the old crappy rob pc)pretty pretty please

OP posts:
ChristmasSendsMePsycho · 10/12/2007 00:18

bumping cos the boards are going slower and someone may spot me and give more tips.....pretty pretty please

OP posts:
Freckle · 10/12/2007 07:12

Complete bollocks about the insurance co. taking back the money for your car if you appoint your own solicitor. That smacks of intimidation to force you to use a solicitor of their choice.

You are entitled to appoint whichever solicitor you like. Where the ins. co. get involved is if they are underwriting the legal costs. They then like a say in who is instructed. They usually appoint their own - as they have an arrangement which is likely to cost them less (but may give you a less efficient service). However, they can allow you to instruct your own. Check your policy. And speak to someone at the ins. co. higher than the nob who is clearly talking out of his arse. If you get no joy, start talking about writing to the insurance ombudsman.

Also speak to your nice lady solicitor and ask her if she can help in getting them to agree to let her deal with the claim.

ChristmasSendsMePsycho · 10/12/2007 07:28

ta freckle......will indeed go to lady solicitor. she had already agreed to represent us anyway, it was when we told the insurance co that they got arsey......didn't think to ask her if she knew a way round we just went with who the ins.co. told us too as we were scared!.

and forgot about the insurance ombudsman....have had to complain to them before about other matters unrelated (years ago) and forgot how good they were/who they even were!

OP posts:
FlamesparodyOfAChristmasName · 10/12/2007 07:53

That is a Boy job... will ask him tonight. I think yes, but not sure where

ChristmasSendsMePsycho · 10/12/2007 07:58

my psycho...."sigh sigh huff sigh"

roughly translated.....thankyou very much you lovely lady.....

he laughing at me as me n girlies having a yelling match about 'stolen' hairbrushes.
mondays in the psycho house.....NOT fun!

OP posts:
ChristmasSendsMePsycho · 10/12/2007 07:59

that should read MR PSYCHO

OP posts:
ChristmasSendsMePsycho · 10/12/2007 09:15

bump as about to start ringing solicitors....

OP posts:
ChristmasSendsMePsycho · 10/12/2007 18:52

ok.....all is sorted thankfully

rang the nice lady solicitor and asked her if she would take us all on and represent us for the new accident on top of the old, and explained why. she was lovely and agreed, and seemed genuinly puzzled at the other solicitors as letters re the one he sent stating the '14 day rule' aren't the 'norm'. they themselves use letters should they not hear from clients within a 28 day period but only as a last resort when all other methods of communicating have failed.

anyhoo, my psycho then rang the other solicitors (he was rather too nice to them in my opinion, still want to nail them with something) and sacked them.

all is happy in the psycho house again only we now back at stage one with the claim etc. BUT, I think we will be covered for more claim-wise as they will get back mr psycho's lost wages and care and assistance and also physio which the other crappy solicitors said we didn't qualify for even tho we knew we did (IYFWIM).

thanks to all those who replied, just thought I would update.

OP posts:
Freckle · 10/12/2007 19:20

Perhaps this is a message for all mners who are ever involved in an accident and need to make a personal injury claim (God forbid). When your ins. co. say you must use solicitors appointed by them, this is not true. Everyone has the right to appoint whichever solicitor they like - you just need to check the small print regarding the ins. co. underwriting your legal costs.

The solicitors appointed by ins. cos. are usually "conveyor belt" operations, with the actual claim very often being handled by a junior member of staff, overseen by a solicitor. This is a lot cheaper for the firm, hence why they can offer cheaper rates to the ins. cos.

So, if your ins. co. tries to browbeat you into using "their" solicitor, stand your ground and say you want to appoint your own, valued and efficient solicitor.

ChristmasSendsMePsycho · 10/12/2007 19:28

ooh, freckle you reminded me of something.....

nice lady solicitor told me that should the crappy other solicitors start harping on about costs etc, then I was not to panic but inform them that any of their costs would be recovered from the other party eventually by the new solicitors and that they would just have to wait.

all legal and all ok and all in our favour

OP posts:
Freckle · 10/12/2007 19:30

Perfect