Car accident other person admits liabilty - what should i do?

jehangir

Can anyone please advise me , I was in an accident a 12 days ago which was not my fault but as i have third party insurance ,
my swiftcover insurers have said thay i will have to handle the case myself or hire a solicitor.

Yesterday i had a call from the other insurer saying that their client has admitted liabilty and they
would like me to take my car to a garage they have recommended to have a qoute for repair also offering me a courtesy car which i do not need.

Not knowing what to do , and i a panic i went to one of these no win no pay companies.
The claim company is the motor claim line , firsty i must say they did not mention anything about fees etc when i went it there or left ,
they just said that they would recommend a solicitor who would act on my behalf. When i ask what was in it for them they said nothing , and they made their money from leasing out cars when acciddents occur.


This morning i received a letter from a solicitor saying that they would be acting on behalf , and that the fees were

£750 referral fee + VAT
service fees
20% of the compensation claim

all which would be claimed back from the other insurer not from my claim.



The letter i received from the solicitors includes a form form of authority to act , and of cancellation which i have 7 days to fill in but
i do not know if i will be charged for the work they have done up to this point .



the car received quite a shunt from behind ( i was waiting at a roundabou when the car crashed into the back of me)
i went to the A+E as i could not bend of move my neck , the said that i had whiplash , which has steadily got worst ( on pain killers and Diazepam).

I am really at a lost what to do , I was told that as they have admitted liablity that it will be easier and faster to deal direct with them direct but as i have never had to make a claim or deal with solicitors before it is quite intimadating.

Any help of information would be appreciated

shahpru

mattymoo

Have a look at some of the threads about Drive Assist. The firm make their money from leasing you a hire car at inflated rates. Insurers are fighting back against these and running a number of test cases. Its all gone a bit pear shaped at present with each side disputing the other sides evidence.

Whilst this is an argument between the insurers and car hire firms / solicitors, you the motorist can get caught up in the cross fire and end up having to supply statements, bank account details and all sorts to justify having a credit lease vehicle.

The other persons insurers will also argue they were perfectly happy to lend you a car while yours was being repaired and that by not accepting their offer, you are not mitigating your losses - this is a common law duty meaning you are expected to act in such a way as to minimise your losses.

Personally, I'd take the third party repair offer and courtesy car they offer you. I would only consider using the solicitor option if I was injured in the accident.

jehangir

hi thanks for the response , my main concern is how to proceed with the case as i am injured and my car damage.
Are the fees they charging about right for a claim of this type as they seem very high especially the referral fee.

Also would i be able to handle the claim myself or should i go direct to a solicitor without going through a website .

zzzLazyDaisy

If you are injured you may need to see a solicitor. But it should be a solicitor of your own choosing and you should not have to pay a referral fee.

The FIRST thing I would do is to send the form back NOW, telling the solicitor that you do not wish to instruct them to act on your behalf, and copy the letter to the outfit that referred you.

As far as the car is concerned, I'd let the other driver's insurer get it sorted for you, and I'd accept the courtesy car. You don't have to use it, but if your car takes longer to be repaired than anticipated, you might be pleased you accepted it.

As far as your injury is concerned, you need to make sure that you get it on record. This means seeing your GP, and possibly also having an x-ray or seeing a specialist. There are lots of respectable and reputable solicitors who will see you on a .no win no fee' basis for a personal injury claim. There are also lots of less reputable 'claims handlers' who will also be touting for your business, so do make sure you see the right person.

If you phone your local law society, they will give you the names of firms of solicitors who deal in personal injury work.

Hope this helps

Daisy

TheRedAdmiral

jehangir wrote: »

hi thanks for the response , my main concern is how to proceed with the case as i am injured and my car damage.
Are the fees they charging about right for a claim of this type as they seem very high especially the referral fee.

Also would i be able to handle the claim myself or should i go direct to a solicitor without going through a website .

You have PM

jehangir

Thanks Daisy for the advice it is much appreciated , i will send the letter back tommorow and phone the law society as you suggested and hopefully will not incur any fees .

Thanks again

zzzLazyDaisy

You're welcome, let us know how you go on

Daisy

Claim_Squad

Just seen this... The 750UKP is the charge that the CMC (claims management company) or insurance company sell your claim to a solicitor. I would go with LazyDaisy advice. Never EVER use a company that takes 20% of your compensation. They have already been renumerated and you should always get 100% Compensation!

TheRedAdmiral

I quite agree. Never ever use a company that says they will take money out of your settlement. Above anything else I believe it breaches Claims Management Regulation rules.

Accident Managment Companies receive their money by way of Referral Fees.

Solicitors get paid by 3rd Party Insurers - If they win the case.

Clients, in all instances, should get paid the full 100% of their settlement

geri1965_2

The OP's wording isn't very clear, but I don't think the solicitor will take 20% of the compensation. Solicitors fees for motor claims are fixed, for claims that fall within the protocol I think it is £175 + 20% of the value of the claim (up to a certain level) + disbursements, all of which are claimed from the third party insurers.

jehangir

Yes you are correct, the costs will not be taken from the compensation but the refereal fee seems very high for just phoning a solicitor , i did ask at the motor claim company what would be in it for them and they said nothing as they made there money from leasing out cars.
It all just seems very underhanded.