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Motor legal expenses - injury claim - how is a solicitor paid?

24 replies

stressed2007 · 26/03/2009 11:23

Hi. I am looking for some help.

My brother had an accident over 2 years ago. His motor legal expenses poicy says he is entitled to up to £100,000 in expenses. His claim is passed via the actual motor insurance provider (not the motor insurer but a third party) and he is given (no choice) to a solicitors whose costs are supposed to be underwritten by the policy.

The service has been very poor. He has gone from a pretty straightforward no fault claim regarding his quite severe injury to a dodgey claim which he now looks like he may lose down to poor case handling. He can find no one to explain at either his motor insurer or the motor insurance provider how the policy works. His solicitor is saying he has spent a lot in costs (bad handling and duplicated work) and is now limiting the time he spends on ths file thus my brother is not getting the service he should be. I do not understand how this works with the £100,000 cover he should have - why is the solicitor now looking at costs while the file is still running?. If the solicitor loses are his costs not paid by the policy (someone told me solicitors take out insurance against this happening but I do not understand how this interacts with the fact that his legal costs are supposed to be covered under the policy) and if he wins by the other side i.e. why does the solicitor care what he spends so long as the costs are properly incurred?

Also if he is unhappy with the service the policy says he should be able to change solicitors with motor insurance provider consent but no one there has ever heard of this being done or indeed how it works. In that case how would the existing solicitors costs be paid?

He is not interested in complaining about solicitor to the law society as this will not help his claim progress. He just wants his claim handled properly.

Any ideas on how to resolve this?

Many thanks

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lilacclaire · 26/03/2009 14:49

I would write to the solicitor and ask to see a breakdown of the work done and the costs so far.
Car insurers can and do switch solicitors even midway through a claim.
If you feel the case is not being handled properly after you receive the info from solicitor, then write a letter of complaint detailing what you want to be resolved, advise that if the dispute is not resolved and you believe they are at fault that you will be contacting the Law Society.
It could be the claim is more complex, ie have his injuries now stabalised? If not then this can delay matters, are they at the negotiating stage etc.

lilacclaire · 26/03/2009 14:50

I would also get back onto the insurers and speak to someone who does know how to change solicitors, seems like your getting shoddy service from them.

HappyMummyOfOne · 26/03/2009 17:47

I think the word "upto" are very important - it may be capped dependent upon the type and seriousness of accident.

Solicitors costs can also be capped for other reasons as well not just by an insurance policy. The TP may be at fault but they will expect legal costs to match the claim and will argue them if not.

There may also be a clause that if you change firms you are liable for some costs.

He needs to read the contract he signed or the small print he was given. Then establish exactly which stage the claim is at etc.

risingstar · 26/03/2009 20:30

Can I ask, who are his motor insurers, who are the solicitors and who underwrites his uninsured loss policy? Also what was the date of the accident?

stressed2007 · 26/03/2009 21:01

happymummyofone - I understand that the legal costs need to natch the claim but what if the solicitors have done a rubbish job and racked up much more then they should have at this stage (there has been a lot of duplication). Who decides what is reasonable?It seems unfair that the solicitor having performed poorly and racked up high costs now says that they are not incuring/strictly limiting costs. Why should the level of service provided to the client suffer for this?

Just what happens if if you have a poor solicitor in this situation - surely it cannot be tough luck on the client? Is there no duty on the motor insurance provider to ensure the claim is handled properly?

There is a clause that if you change firms you are liable for some costs unless you get consent hence the reason he is trying to get this. A bit difficult if no one at the firm knows how this works and who there can give consent!

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stressed2007 · 26/03/2009 21:03

risingstar I am happy to send you this info possibly not on this board as someone from one of the various parties (including the soliciotr) maybe a MNer. Would it make a difference to your reply? Happy to CAT you or send email. The date of the accident was Feb 2006

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HappyMummyOfOne · 26/03/2009 23:09

"Is there no duty on the motor insurance provider to ensure the claim is handled properly?"

A solicitor usually deals in the areas not covered by the motor policy - ie excess recovery, injury, hire cars etc - all uninsured losses therefore the motor insurer really has no interest in this part as it doesnt affect them.

You dont state enough to say for certain if the solicitor is doing a bad job, if the TP have raised objections/queries, what the duplication is etc for me to try and help.

stressed2007 · 27/03/2009 07:35

is there any way for me to talk to you off line -email address or a call to you - I think you may know more then the prople at the motor insurance provider I am trying to get sone sense out of. thanks

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HappyMummyOfOne · 27/03/2009 07:58

Am out today but will be around tonight if you want to drop me a CAT.

stressed2007 · 27/03/2009 08:10

great will do - can speak after about 8 when children are (hopefully) in bed.

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stressed2007 · 28/03/2009 08:07

sorry ended uo putting all kids to bed and did n't finish until very kate! Will CAT you today.Thanks

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stressed2007 · 28/03/2009 08:21

Hi Happymumofone - tried to send you message but it said that you have chosen not to receive CAT messages - are you able to change the setting? Thanks

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HappyMummyOfOne · 28/03/2009 09:21

Will have a go, must have been the new look board altering settings as I know I paid for CAT. If I dont figure it out, i'll pop my email address on.

stressed2007 · 28/03/2009 13:56

Don't think you have to pay to receive - just to send. Can't even find where to change the settings on my account so good luck.

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stressed2007 · 28/03/2009 14:01

No it's me I am sure - just seen you are a "Mummy" and not a "Mum" so that is probably the reason it did not work. Have now sent you are message but it needs to be forwarded by MN. I do not know if they do this over the weekend and whether this is automatically done or whether this will need to wait until Monday.

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HappyMummyOfOne · 29/03/2009 20:56

Got your CAT - it was my settings, just doing a few bits on ebay and will reply after.

higgle · 30/03/2009 09:09

I would suggest he instructs new solicitors who are members of the Law Society personal injuries panel - he may need to enter into a no win no fee arrangement so it is important he goes to a good firm. Can't understand how anyone can be required to instruct a particular firm. If he telephones the Law Society they may be able to offer some guidance.

stressed2007 · 30/03/2009 10:21

Unfortunately the policy says that if he unilaterally decides to stop using the solicitors appointed by the motor insurnace provider then he is liable for all costs to date - they are the terms of his motor insurance. I imagine this is standard. I am going to telephone the Law Society if I ever get a minute at home to see, as you say, if they can offer guidance. Thanks

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stressed2007 · 30/03/2009 21:03

Where did you go HappyMummyOfOne?

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HappyMummyOfOne · 31/03/2009 19:08

I did email back, hotmail plays up for me sometimes and I rarely use it. If it still hasnt come through let me know and i'll resend from my main account now that I have your email address.

stressed2007 · 31/03/2009 20:41

No. Nothing received. Please can you send again. Thanks

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stressed2007 · 02/04/2009 08:27

still nothing - have you resent? Thanks

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HappyMummyOfOne · 02/04/2009 22:01

Sorry, not had chance with working and homework etc, am home early tomorrow so will retype and send - hotmail doesnt save sent messages unless you remember to!

stressed2007 · 03/04/2009 08:47

ok thanks - whenever you get time - this/next week. Just did n't want you to have sent message and me to have missed it.

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