Accident - is a solicitor necessary

ooooooh

Some advice please.

Friend was a passenger in a collision. Driver and passenger had whiplash. Other car was at fault. The driver has instructed a solicitor and included my friend as a client.

As the other car driver has admitted liability, I wondered if it's really necessary to go with the solicitor. Is there any advantage or disadvantage to this?

TIA

Quentin

If the other party is accepting liability, then the solicitor's fees will be paid for by the third party.

Unless you are an expert in damages claims, then there is a great advantage in using a solicitor, and if his fees will be paid by the third party it's a no brainer.

Crazy_Jamie

Quentin as absolutely correct. Even where liability is admitted, the procedure can still be complicated and putting a value to injuries is specialist work. The solicitor will be able to recover their costs from the other side in the majority of cases, and as such there is very little risk in using a solicitor in such cases. On the other hand, in reality the advantages are significant. Instructing a solicitor in these cases is highly advisable.

the_grizz

Sorry to butt in on this, but i had an accident over the weekend, other driver at fault, his insurance company have been on the phone to me 4 times allready and have even made an offer for compensation. I haven't seen my Dr yet. I think they pester you as soon as they can, hoping you take what ever they offer, saving themselves all the Solicitors fees, are they allowed to do this, when you could still be in a state of shock?.

WestonDave

the grizz - be very careful. There are stories around of people accepting a small fraction of what they are due in circumstances such as yours. Get legal advice - best to choose a solicitor on the Law Society personal injury panel as that way you know you have an expert. If the other side is offering compensation you shouldn't have to pay anything. Also watch out for those who sign you up for loans to pay for medical reports etc, as the interest on those loans will come out of your damages. The better firms pay for the reports out of their funding and you get the full amount.

dacouch

The Grizz sounds like you have hit some one who is insured by Quinn Insurance, they like to offer compensation asap to avoid lawyers costs

the_grizz

dacouch, I have spoke to a friend,who tells me a lot of insurance firms are now doing this, i wouldn't mind if they offered me, what they would have to pay my Solicitor, who is sure to get more than his client.

dacouch

Technically the Insurers are duty bound to pay you what you would get if you used a solicitor. No doubt there are plenty of solicitors that will say they don't pay you as much as there will no doubt be occassions they won't.

There is no reason if you handle the claim yourself and it goes through with no hiccups that they should pay what they would have had a solictor on top of any compensation you are entitled to. You are only entitled to claim what losses you have suffered plus any legal costs if you use a law company.

It sounds like you may want to go down the solicitor route but be aware that it could take much longer eg between 6 months and 2 years if you go down that route. You may well receive more compensation if you go that route but bear it in mind.

You are right it is not uncommmon for the solicitor to earn more in fees than you receive in compensation but unfortunately thats how things are now days and they have to pay for all of those adverts somehow

SolicitorMidlands

Under the new rules, they can approach you and settle your claim without the need for a solicitor if your claim is believed to be worth under 10k

Instruct a solicitor - insurers will try and buy you off cheaply.

Crazy_Jamie

SolicitorMidlands wrote: »

Instruct a solicitor - insurers will try and buy you off cheaply.

This is the bottom line. If your injury is anything above absolutely trivial then you really do need to instruct a solicitor.

Atermis

thats rubbish, here we ran the figures a few weeks ago and we are paying higher settlements for 'whiplash' claims to direct claimants then we are to represented.

Simple fact of economics. we dont want to pay the stupidly massive sols fees, so we award higher compensation.

Insurers can also offer much faster rehab (ie not sending for pointless med exams at some dodgy doctors house delaying any treatment)

Look at quinn insurance they settle 80% of PI claims directly with the clients. (usually because they turn up at the claimants house with a cheque book)

I expect a massive growth in insurers settling direct very VERY soon.

Oh and if you have signed the forms, you have a 14 day 'cooling off' period, the sols usually forget to tell their clients that.

Some people prefer to deal direct, some people prefer to leave it in the hands of solicitors, each to their own