Car accident: successful Small Claims - what now?

Honey9036

I recently had a successful day in small claim court in an action regarding a minor car accident. The Sheriff awarded in my favour against the third party.

When my insurers originally passed the case to an independent solicitor to deal with, they raised the action in my name (because I was the owner and driver of the vehicle). So the end result is that the third party's insurers have now sent a cheque to my solicitor for the full amount of the decree.

However, my solicitor is asking me to sign a mandate to have the cheque made out in their name, so that they can split the proceeds between me and my (previous) insurer, Sheila's Wheels. And this is where it seems a bit weird.

It was the solicitor who drew up all the initial court documents, and part of the sum sued was 'inconvenience expenses' of £75. On the day of the hearing, the Sheriff also mentioned something about small claims expenses of, I think, £150.

So, from the sum sued, Sheila's Wheels (to my mind) are owed what they paid towards the repair (I paid £150 direct to the garage when I collected the car) - which amounts to approximately £170. But my solicitor is asking me to sign the mandate authorising a much larger amount. So does this mean that Sheila's Wheels are benefiting from the small claims action more than they should? Can I, or should I, insist that they only get paid what the repairwork cost them? Surely since the small claims action was in my name, any expenses should be paid to me?

I don't want to sound like a money-grabber. But I also don't want to see Sheila's Wheels profit from this (I was unhappy with the way they dealt with the case, so there is no love lost between us).

Can anyone advise? Thanks in advance. (Sorry for the long-winded explanation!).

Lori
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InsideInsurance

Speak to your solicitors to explain the breakdown.... £75 is a very high inconvenience figure!

So you had an excess of £150 and £75 inconvenience, what other heads of claim did you have? How much are the solicitors saying is yours out of the cheque?

Honey9036

InsideInsurance wrote: »

Speak to your solicitors to explain the breakdown.... £75 is a very high inconvenience figure!

So you had an excess of £150 and £75 inconvenience, what other heads of claim did you have? How much are the solicitors saying is yours out of the cheque?

The inconvenience figure has always made me feel a little uncomfortable - but the solicitor said it was standard practice to claim this. There were no other amounts claimed (no injuries or loss of earnings or anything like that).

I've bit the bullet and emailed my solicitor. Despite feeling awkward about it, I would find it annoying if Sheila's Wheels were paid the £75 rather than me. I guess I'll find out soon enough. And if it turns out that all I get is the excess then I may just say nothing and just be relieved that the whole thing is over (it has dragged on since April 2011!!!).

I also don't want to risk annoying Sheila's Wheels because I need them to provide evidence of my reinstated no claims bonus (which I'm assuming they technically have to provide? But they may drag their heels if I dispute this cheque).

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InsideInsurance

Were you actually in court to hear the judgement or just heard from the solicitors?

I wouldnt fight that much over it but it is reasonable to contact them saying its great news that you won and given you were claiming £150 xs, £75 inconv (plus presumably statutory 8% interest) that you are confused why the mandate says you are only getting £150

Honey9036

InsideInsurance wrote: »

Were you actually in court to hear the judgement or just heard from the solicitors?

I wouldnt fight that much over it but it is reasonable to contact them saying its great news that you won and given you were claiming £150 xs, £75 inconv (plus presumably statutory 8% interest) that you are confused why the mandate says you are only getting £150

Yes, I was in court (I gave evidence - what a fun 5 hours I had that day! Not! I couldn't believe it took that long for something so minor.).

Yes, the summons mentioned 8% interest, but I don't remember the Sheriff making any reference to that. She just said the full amount that was actually on the small claims form.

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BertTheRaccoon

Speak withn the solicitor and ask for a copy of the judgment which should separate at least what are losses/damages and what are costs.

I suspect the £150 small claims expenses could have been the actual legal costs, such as court fee and fixed costs.

I also don't understand why the solicitors need a mandate signing by you so they can have the cheque made payable to them, only so they can then divvy up the proceeds between you and your insurer.

Surely the solicitor has a client account whereby they can pay a cheque into the account that is payable to you and then divide up the proceeds accordingly. Seems a complicated way of doing things.

InsideInsurance

It is Scotland though so never as straight forward as in good old England

Quentin

Honey9036 wrote: »

Yes, the summons mentioned 8% interest, but I don't remember the Sheriff making any reference to that. She just said the full amount that was actually on the small claims form....

If the action was taken by SW (in your name), then the full amount they will have claimed will be your costs and for all their costs - court fees as well as any allowable legal fees plus expenses and the interest, and they want those back as it is their money!

The £75 was for your inconvenience!