Settle Accident Claim or Go to Court

Ian_W

It's a long time since I was involved with PI cases (no, not a solicitor by trade) and many things have changed with the advent of no win, no fee arrangements - not least I suspect, it's an even more conveyor belt process with solicitors handling even larger case loads.

One thing hasn't changed though, when you accept an offer or the court makes an award it's almost always on a "full and final" settlement basis. So you have to be happy that the figure is the best you're going to get, the law might not give you as much as you would like - but that's just tough.

Your problem seems to be getting in touch with your solicitor to talk through your concerns. When you were first referred to them you should have received a customer care letter detailing a named person, usually a senior partner, who you should contact if you have any complaint about how your case is being handled. Personally I would write a complaint letter to your solicitor, copying it to the named person, about the lack of advice you're receiving about your concerns that the costs of future treatments don't seem to have been addressed. You might also ask them whether they would consider obtaining Counsel's opinion on the offer and whether it now fairly reflects the damages you could expect if the matter went to court.

Whilst jumping ship to another solicitor might sound attractive, unless you know them or they're recommended it could be frying pan to fire and it will inevitably add a further delay whilst they get copies of the letters and reports and consider them.

When liability is accepted it's quite unusual for cases to go to court to decide damages, usually an agreement is reached even at the door of the court. You need to be happy that your lawyers have got a settlement for you that fairly reflects what a court would have awarded. They should be able to explain and justify that this is the case.

Saversue

debsy42 wrote: »

I had exactly the same problem. My original solicitor, arranged via my insurance company, was useless and was asking me if I wanted to settle at a figure. I had very little knowledge of the whole legal system and was relying on his advice which was non existent.

I mentioned the saga to a friend who recommended a different solicitor locally. What a whole different kettle of fish he was, I met him, went through everything that had happened and had no hesitation in swapping my case over. He renegotiated with the insurance company and I came away with three times the original offer.

I would suggest finding a local experienced PI solicitor and let him have a look and see what he thinks, no harm in trying and personally, I think that offer of £6000 is far too low....

Thanks for the advice, everyones input is really helping. I was starting to think this Solicitor was letting me down, the more I read the more upset I am getting with the lack of service.

Saversue

Quentin wrote: »

When they say you have £50k of legal protection, it doesn't mean they will spend that much (then stop as soon as the limit is reached - eg, were they involved in a court case and lost, then they would have to pay both sides legal costs, whereas when they win, all their costs get paid by the other side anyway).

They only provide the funds when they feel you have a good chance of winning any litigation they get involved with. (eg in your case they are happy that liability rests with the third party, but by now recommending the offer to you seem unsure whether they would get any more money by going to court).

You do need to discuss this with your solicitor before making any decisions.

mikey72 wrote: »

Ask your solicitor about funding, and what will happen if you instruct them, (as they are representing you, not the insurance company) to carry on to court. If they have a conflict of interest if the insurance company can veto it, it's worth calling in at a decent local solicitor if you need to, and have a chat about what would happen to the costs you could claim if you win or lose. Only they could really answer the question.

Ian_W wrote: »

It's a long time since I was involved with PI cases (no, not a solicitor by trade) and many things have changed with the advent of no win, no fee arrangements - not least I suspect, it's an even more conveyor belt process with solicitors handling even larger case loads.

One thing hasn't changed though, when you accept an offer or the court makes an award it's almost always on a "full and final" settlement basis. So you have to be happy that the figure is the best you're going to get, the law might not give you as much as you would like - but that's just tough.

Your problem seems to be getting in touch with your solicitor to talk through your concerns. When you were first referred to them you should have received a customer care letter detailing a named person, usually a senior partner, who you should contact if you have any complaint about how your case is being handled. Personally I would write a complaint letter to your solicitor, copying it to the named person, about the lack of advice you're receiving about your concerns that the costs of future treatments don't seem to have been addressed. You might also ask them whether they would consider obtaining Counsel's opinion on the offer and whether it now fairly reflects the damages you could expect if the matter went to court.

Whilst jumping ship to another solicitor might sound attractive, unless you know them or they're recommended it could be frying pan to fire and it will inevitably add a further delay whilst they get copies of the letters and reports and consider them.

When liability is accepted it's quite unusual for cases to go to court to decide damages, usually an agreement is reached even at the door of the court. You need to be happy that your lawyers have got a settlement for you that fairly reflects what a court would have awarded. They should be able to explain and justify that this is the case.

Thanks to all of you, great to get such sensible advice. I only want to claim what is justified for the injuries sustained and further treatment and am happy to accept what is reasonable, but don't have any idea what that is. I am sure that my solicitor is not working in my best interests, but didn't know quite how to deal with this without getting her back up.
IanW you have given me some excellent pointers and I will complain to a senior partner if I can't get the advice I need. I also will ask about obtaining Counsel's opinion. I think I understand what this is, but would be grateful if you could further explain.

Ian_W

Saversue wrote: »

I also will ask about obtaining Counsel's opinion. I think I understand what this is, but would be grateful if you could further explain.

Barristers (counsel) are the guys and gals who wear black dresses, white curly wigs and are prone to use the word "M'lud"! But that aside they're generally the advocates who appear in the higher courts and tend to be more specialised and clinical towards specific areas of the law like personal injury.

On a circa £9K claim (quite small in the overall scheme of things) it would be fairly unusual to seek counsel's opinion as to quantum of damages, however, the circumstances of psychological injury, pre-existing back injury and ongoing treatments may justify it.

I think your complaint about the solicitor would be:
1. She doesn't return your calls to discuss the offer with you.
2. She has not explained in writing or verbally exactly why she thinks the current offer is adequate compensation or at least she hasn't done so in a way that you can fully understand.
3. The issue of the further treatments doesn't appear to be covered by the offer.
4. For those reasons you are concerned she is acting to close the case speedily rather than in your best interests. For this reason you could ask them to consider counsel's opinion on quantum.

Out of courtesy (and to avoid back getting up!) I suggest the letter is to her but with a copy to the senior partner, but mentioned in her letter that's what you've done. I think that should concentrate her mind and get her to justify why she thinks the offer should be accepted. A lot of these solicitors are working on volume but you need to be happy the offer is at the right level.

mum2one

from someone whos had a few dealings with insurance based solicitors, - although the sum involved maybe 50k - they can only carry on with the case if they have a succesful claim, ie in the region of 60/40 in your favour.

If you are having problems with contacting your solicitor as well as the advice from the other poster (apologies useless with names), to contact senior person, I would also mention it to the legal department of your insurance company as they may not be aware of any problems. (a firm that represented me from 1998 to 2001 and again from 2003 to 2005 - they no longer are on the panel that my insurance company uses).

Your difficulty is (same as mine) that you have existing medical problems, and whilst they have been aggravated etc by this incident, it does go by what was in gp reports, a+e, and the independant medical officer used. I had a car accident in 1998, where I hurt my back, then in 2000 I had a 2nd car accident which my car was a right off, and did more damage to my back, and physocially, but the arguement between my solicitors and theres was how much was done, in theory the 2nd car accident I had a pittance, not much investgagtion done to me, but when I fell pregnant in 2002 it was literally the straw that broke the camels back, and I've been left disabled. A lot of the issue related to treatment and / or lack of it, but it throws a shadow over your settlement.

Going back to medical report, my 1st car accident, as I hadn't healed in the estimated times, a 2nd medical review was conducted, and the contrasts compared and the case for damages were taken from the 2nd assesment
Its rare for compensation cases to go to court, as most solicitors go via out of court settlements, as if it did go to court, and u could get offered less, the other side could try for their costs.

as for another solicitor, I would doubt that the insurance company would pay for another firm even a local one, as they use their own panels of insurers.

I can see where your coming from as a lot of your points, I fully agree, and was literally like churchill the nodding I was doing.

I don't know if that was the 1st offer, generally 1st gets refused, and the 2nd accepted, as the other party can put a clause in, if you don't accept it goes to court, and they declare that they tried to settle on xx and xx dates.

i would ask for a 2nd offer, it may be a case of having to swallow the bitter pill and take what they offer. You know where you stand, in terms of health, and what treatment you have had, still needed etc.

For what I had financially it doesn't even come close to what I have lost out on in terms of loss of earrnings, damages etc, if I had 6k left after treatment, theres a lot that can be done with that.

Saversue

IanW, your a gentleman getting back to me again so quickly and I will use your advice.

Mum2one, thanks for taking the time to explain things from your experience. It seems that everybody is making lots of money out of our misfortune and ending up with rather more than ourselves. I actually wonder what the total costs are for a case like this from start to end, for solicitors, therapists, expert medical reports, etc - its probably quite alarming!

geri1965_2

Solicitors get fixed costs on motor cases which are settled at less than £10K, which might explain why you don't always get the service you should.

Saversue

geri1965 wrote: »

Solicitors get fixed costs on motor cases which are settled at less than £10K, which might explain why you don't always get the service you should.[/QUOTE

Really? Thanks

PNPSUKNET

I would guess at around £3k solicitor that is, but most are case handlers not actual sols

Saversue

I have actually managed to speak to my solicitor today and used loads of advice given.

She agreed that the offer did not take the further treatment recommended into consideration and is going to ask Counsel's opinion on the award.
I have to provide quotes on how much the driving lessons will be with an expert to retrain after an accident) as she doesn't know. but the cost of 12 CBT sessions of one hour is £1920 - outrageous!

Apparently settlement is usually for half the therapy costs only, as once awarded there is no control how you spend the money.

Things seem to be more urgent now as we are coming up to 3 years and that means papers have to be issued for Protective Court Proceedings. I have never heard of this, but told not to panic, may just get some papers to sign? Something about to ensure case can go to court after 3 years if necessary.