DAS legal expenses cover - any experiences to share?

rtb9819

Having been directed by DAS Insurance to their own Legal arm, being given no choice on which solicitor I could use, I have been beset with one problem after another during an Employment Tribunal claim.
Due to a very poor interpretation of the relevant facts, the case nearly got thrown out by the Judge at the Case Management discussion stage. As a consequence, DAS withdrew from the case saying there were no prospects of success.
I was then forced to produce my own Further Particulars for the Tribunal and appoint, at my own cost, a Barrister to represent me at the Preliminary Hearing. He was successful in getting the Judge to overturn the previous ruling and permit it to go to Full Trial.
At which point, DAS took on my case again.
In the lead-up to mediation, DAS's ability to negotiate with the other side was pitiful and it was no surprise when I attended the mediation to find that the other party were not prepared to budge on compensation. It took 7 hours of negotiation by the Mediator himself to turn matters around and for a compromise settlement to be agreed. But, with the damage already created by DAS, the settlement was pitifully low and did not come close to remedying the considerable stress I went through. Especially as matters of public interest (illegal acts) were at the heart of
the matter. I was forced to use DAS because they were they represented Lloyds Bank on my legal insurance policy. But they were bad, really bad, and I would recommend everyone to steer well clear of them.

InsideInsurance

Did they remburse your costs once the barrister had overturned the decision?

Legal Expenses insurance is a bit of a pain when it comes to the ombudsman as the FOS have the idea that as a regulated profession the insurer appointing a solicitor then has no further duty to ensure the solicitor does their job well.

Are you sure it was a solicitor legally employed by DAS? DAS typically appoint a panel solicitor like Irwin Mitchell which are not owned by them but an independent company.

Unfortunately the new ombudsman for solicitors simply covers customer service issues and not the quality of the advice given etc.

Write your complaint and include what resolution you want following both the guidelines in your policy book (LE may be different to other areas of complaint) and to the complaints partner at the law firm. Escalate to ombudsmans etc as appropriate depending on their responses

Crazy_Jamie

InsideInsurance wrote: »

Are you sure it was a solicitor legally employed by DAS? DAS typically appoint a panel solicitor like Irwin Mitchell which are not owned by them but an independent company.

That is common in PI cases, but in Employment cases DAS do have an extensive in house team of file handlers that tend to run their LEI tribunal claims. Probably because they don't recover their costs in Employment cases and keeping it in house is cheaper. So it is fairly likely that this issue did arise from an in house solicitor.

Ricky_Standard

Buddy5 wrote: »

This may not sound very positive but I am relieved to hear that I am not the only one who is furious with DAS. I only just attended court yesterday to 'HELP' them recover their costs for a hire car they gave me - even though the accident wasnt my fault, and a week prior to the court hearing the other guy finally admitted liability.
There has been no communication, only the odd letter which do not appear to be send for a few days after they have been written. I have also had to contact them to find out any information - I have even been sent incorrect letters - which was admitted a Natasha Jones who works for them. Another person who works there - Ian Thomas is an extremely rude man! I was in tears after a conversation with him! No apology!
Back to the court hearing - it was a complete mess - DAS hadnt even submitted my statement, no relevant documentation etc. It was embarrasing enough when they hadnt even told the barrister who was representing me that the other man had actually admitted liability. Its only that i am organised and keep every letter and ask for copies of letters that i was able to show the barrister the admission of liability!
The Judge didnt award them their costs thankfully - as they did not deserve them! But my evidence did satisfy the court that i did need a hire car. It would have taught them a lesson not to recover the costs - as we would not have lost a penny. In fourty years of Insurance with the NFU - not once has there been an issue in having a hire car/vehicle - I could not believe that we were called to court to prove that we needed one when it is part of our policy. I think this should be made more clear to people. It was a terrible experience and I dont feel anyone should have to go through it especially when liability had been admitted by the other side. Even the Judge kept saying this could have been sorted out of court! At the end he detailed what an 'appaling' state this case was. Following the court case i phoned DAS and they asked how it went, when i told them how the barrister didnt even know that the other side had admitted liability they informed me they had told her!!!! That was that Ian Thomas again!!! Natasha Jones wasnt even available for me to talk to the morning of the case - as i was very nervous and they were well aware of this.
I am so angry as to why a company like the NFU should use these people who are quite clearly unable to their jobs, lie and waste the precious courts time.
I now have no confidence in them or the solicitor i have been allocated. I wish i had not been available to help them to recover their costs as it was so embarrasing having representation who did quite clearly not have a clue what was going on! Not the barristers fault - but the failings of that company - DAS Legal.

I would appreciate any feedback if you have had similar dealings with this company. I am not quite sure how to take this matter further - all suggestions appreciated!

Thank you in advance!

This sounds identical situation as i'm now in. I had an acciddent where i was stationary in traffic and hit from behind. Ofcourse non fault accident and fault admitted by the other driver and a further witness to confirm not my fault. DAS were quick on the ball to call me and refer me to their hire outfit Premier assist who in turn suplyed a hire vehcile.. Das law have now sent me forms that i must sign and agree to to go to court so they can recover the hire vehicle charges which it seems the party at faults insurers have refused to pay.
Now why on earth i have got to attend court to assist a law firm to do this? Are they complete idiots as well as scamers? I'm sure there must be someone with legal knowledge that can answer me this?

Quentin

That is a standard condition you will have agreed to when first getting the car, (not just standard from accident management companies wanting you to agree to assist, but also one that you will have agreed to when buying your car insurance)


If you don't want to be bound by the conditions don't agree to them but you may end up getting chased for the money yourself!

icanmakeyourich

Hi All, if you anyone could help me.But I had legal insurance add-on – but insurer DAS won't pay my solicitor's bill. I have legal cover comes with my home insurance. Initially they declined my claim not only refused to help me with my claim. I have 14 days to respond other party for pre-action court letter. So I appoint a solicitor and solicitor appointed a barrister. When I worte to them and ask the deadlock letter for FSA, they are saying now that ..DAS will accept the claim. They are saying that I have to use their own solicitors and showing me a new law. DAS is referring me refer me Insurance Companies (Legal Expense Insurance) Regulations 1990 which says I can use my own solicitors or lawyers. Please see more details below from following website.
Freedom to choose lawyer

6.—(1) Where under a legal expenses insurance contract recourse is had to a lawyer (or other person having such qualifications as may be necessary) to defend, represent or serve the interests of the insured in any inquiry or proceedings, the insured shall be free to choose that lawyer (or other person).

(2) The insured shall also be free to choose a lawyer (or other person having such qualifications as may be necessary) to serve his interests whenever a conflict of interests arises.

(3) The above rights shall be expressly recognised in the policy.

I already paid my Barrister and I am not sure how much will be solicitors bill. Moreover I am feeling vulnerable due to DAS earlier behavior ..not to accept my claim in first place and left me on the road like a beggar.

Following situation is there anyone can advice me or help me to deal this corrupt company? Please.

forestlands

What's this a prank? Don't think much of it!

Came to check up on DAS! Made a claim for legal expenses, court hearing a week on Friday and still no solicitor. Looks like I could be representing myself! Sometimes you have to go for it, which is not how it should be, with them not budging and no leavers pushing them!

Have read the posts on here regarding DAS I feel the stress and anguish you have each been through. Will see how I get on tomorrow - it's like having a 24/7 job! Take care!

lluzers

Never dealt with DAS .

LEI is ok for straight forward cases , but gold help those with complex cases.

Dealing with graduate solicitors and amateurs handling cases.What do you expect when case costs may be priced as £50 per case ?This is my business assumption.Everything legal is done to price and costs.

toby66

My partner and his parents are having an unbelievable stressful time with Das and wondered if anyone commenting here, had a successful outcome with Das.
My partner owns a small business and rents out part of his premises, our troubles started when the tenant went into voluntary administration. They stole a lot of equipment, and damaged the premises.
The administrator refused to pay rent and occupied the premises.
Knowing He had insurance cover with Das he contacted them and was told he was covered so started the claims process. Unfortunately the claims handler at Das left the company and the claim was mislaid.
He then appointed his own solicitor who when Das acknowledged there mistake was contracted by Das to handle the claim.
Basically, despite having 100k of cover my partner has paid approx 40k out of his own pocket, half has been repaid to him by Das but not without a fight.
He finds himself complaining to the ombudsmen to retrieve the balance of the money and pay ongoing costs
Any advice would be welcome

OnanTheBarbarian

Basically, the business model of any legal expenses insurer is to avoid paying any legal fees at all costs.

So on claims where there is a slim possibility of recovery of legal costs from the losing party, claims are contained "in-house" with inexperienced and non-qualified handlers and when claims have a likelihood that the losing party would have to pay costs, they sell the claim out to their panel solicitor because a) DAS make money from the panel solicitor paying a "marketing fee" to them and b) the solicitor gets paid by the losing party and DAS don't have to pay the lawyer any fees.