Car accident and whiplash claim - conflict of interest

economic · 10 March 2017 at 3:27PM

Hi there

My friend and his wife got into a car accident 5-6 months back.. the insurance claim is still ongoing. Please can someone help on best course of options. Ill summarise:

- Another car hit into my friends car (which was stationary at traffic lights) at the back. The driver of the other car admitted there it was their fault and insurance details exchanged.
- Friends wife suffered whiplash and other driver insurance paid medical expenses to have my friends wife checked. Medical reports say she suffered whiplash. Wife is pursuing claim for whiplash which can be upto £8k.
- Now the other side are saying it is not their fault (im guessing because of the whiplash claim).
- Friends car insurance covered the damage and friend has paid the excess. Given other side now disputing, the excess and claim as well as the wife injury still not resolved and want to purse to get other side to pay up.
- Friends solicitor said theres conflict of interest as wife is claiming for inury which would be my friends fault or other side fault (as other side are disputing it was their fault and not admitting liability).
- Solicitor said either close wifes claim only or wife needs another solcitor.
- whats the best way to approach this? no cctv and dont think any witnesses. is it best for wife to pursue claim with another solcitor? will this go to court?

thanks

Car_54 · 10 March 2017 at 4:15PM

If your friend's story is as described then the claim will probably be settled in his favour eventually. It's very unlikely to go to court.

Unless she wants to give up her claim, his wife should engage another solicitor.

economic · 10 March 2017 at 4:17PM

thanks

can my friend first fight the other driver and get them to admit they caused it and THEN the wife pursue her claim against the now guilty driver? so as not to change solicitor.

Car_54 · 10 March 2017 at 4:31PM

economic wrote: »

thanks

can my friend first fight the other driver and get them to admit they caused it and THEN the wife pursue her claim against the now guilty driver? so as not to change solicitor.

I can't see why not, but others may know better. She has three years from the date of the injury to make a claim.

AndyMc..... · 10 March 2017 at 4:42PM

economic wrote: »

thanks

can my friend first fight the other driver and get them to admit they caused it and THEN the wife pursue her claim against the now guilty driver? so as not to change solicitor.

The only problem I can see with that is that it's likely to be the insurance company who will pay the claim.

AdrianC · 10 March 2017 at 5:07PM

economic wrote: »

- Another car hit into my friends car (which was stationary at traffic lights) at the back. The driver of the other car admitted there it was their fault and insurance details exchanged.

- Now the other side are saying it is not their fault (im guessing because of the whiplash claim).

- Friends solicitor said theres conflict of interest as wife is claiming for inury which would be my friends fault or other side fault (as other side are disputing it was their fault and not admitting liability).

One solicitor is representing both the passenger (A) and the driver (B) in claiming from C - the other driver.
C denies liability so, for expediency in settling the claim, A is claiming from B, the driver of the car she was in.

This means that the one solicitor is representing both sides of A's claim against B.

If the practice had multiple solicitors, then they could theoretically deal with the matter separately with appropriate Chinese walls in place internally. If the practice has just one solicitor, or is not set up for that separation, then that can't happen - so, yes, you do have a conflict of interest.

B will then add the damages paid to A to the claim against C. If that claim doesn't succeed, then B will be paying them. (Insurance will ultimately foot all the bills, of course)

economic · 10 March 2017 at 5:36PM

sorry one thing i should clarify, the other side requested for medical scans etc for the whiplash however since they are disputing now their insurance has not paid for the scans. my friends insurance has paid for it and is something that needs to be claimed from other side but of course they are now disputing.

Nasqueron · 10 March 2017 at 6:43PM

economic wrote: »

sorry one thing i should clarify, the other side requested for medical scans etc for the whiplash however since they are disputing now their insurance has not paid for the scans. my friends insurance has paid for it and is something that needs to be claimed from other side but of course they are now disputing.

Rear end shunt is never going to go the other party's way unless they have clear proof like a dash cam of your friend doing something stupid like crash for cash.

I had an incident where someone drove into me while cycling, it has taken just under 2 years from the incident to finally getting the agreed compensation as well as my expenses - I paid for physio as I agreed with their insurer as it was cheaper to go through my gym which is part of a private healthcare provider rather than their preferred one so I was out of pocket for about £450 which I will finally get back as and when they pay up! Oh and yes I had to get my solicitors to send all the medical documents from the A&E, doctor etc and had the various expenses of taxi, pain killers etc

economic · 10 March 2017 at 7:19PM

is it best for my friend to get other side to admit liability first? then for wife to claim as then it would be obvious who to claim against.

Nasqueron · 10 March 2017 at 8:15PM

economic wrote: »

is it best for my friend to get other side to admit liability first? then for wife to claim as then it would be obvious who to claim against.

Suspect it would be a long time for them to admit it and your friend's wife's health should be the primary concern even if it means getting treatment and claiming back and worrying about the compo later.

My partner was hit by a car going through a give way, despite a witness and even the very basic fact of where she was hit proving she was already in the middle of the junction and he went into her thus making him 100% liable it took a long time (at least 6 months if not a year) for them to eventually accept liability

economic · 10 March 2017 at 8:26PM

Nasqueron wrote: »

Suspect it would be a long time for them to admit it and your friend's wife's health should be the primary concern even if it means getting treatment and claiming back and worrying about the compo later.

My partner was hit by a car going through a give way, despite a witness and even the very basic fact of where she was hit proving she was already in the middle of the junction and he went into her thus making him 100% liable it took a long time (at least 6 months if not a year) for them to eventually accept liability

the wife is fine and already had treatment.

Car accident and whiplash claim - conflict of interest

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