Loss of use claim - help!

robbywhz1

First of all, we greatly appreciate of any advice and suggest for my case!

We had a collision in last Dec. We were waiting at a zebra crossing for somebody to cross and were hit from behind. The third party admitted full liability, and we got a "cash in lieu" settlement after 3 months.

However, our car was not drivable for 3 months. And because we had a third party insurance, we didn't have a replaced car. So during these 3 months, we had to use public transport.

As we have a legal assistance service, our socilitor suggested us to claim "loss of use". She told us clearly that we can claim at least 10 pounds per day, until 7 days after we received the cheque from the other party's insurer, and the other party's insure must pay for this loss of use claim.

So we went ahead with it. But, our socilitor left the firm, and our case was passed to another guy. This guy is totally irresponsible. I had to call him hundreds of times, but he seemed to know little of my case and care nothing of it. He said he would contact me or send me documents but he never did. Today I had to call him again, and he said he was quite unsure of my claim. He didn't want to process with it. He said he had called my insurer and waited for the reply. He also said that the previous socilitor gave me wrong information.

I am totally confused now. The same firm, but two solicators told me completely different things. I had no fault at all in this collision, and because of the slowness of the third party's insurer, we were left for 3 months withour a car. We missed appointments, we had to take taxi to hospitals........ How come we have no right to claim back our loss?

Please help! This was the first traffic accident in my life and I really don't know what to do, except listen to the socilitors. Please give me advice and suggests. We greatly appreciate!

maclean2

Hi - you are getting very inferior service from these solicitors.The 1st guy you dealt with had it about right at £10.00 per day for loss of use.You are also entitled to claim for taxi fares for essential journeys you used a taxi because your car was not driveable.

You mention hospitals.If you or a passenger in your car was injured it is not too late to make an injury claim.

As a first step I would suggest you find out the name of the senior partner of the solicitors and address a letter of complaint to him personally setting out your concerns over their poor service.If the solicitors were appointed by your legal expenses company send them a copy of the complaint letter.I would suggest you write by recorded delivery.

HTH

robbywhz1

Hi HTH - thanks very much for your suggestions. I have made a phone call to the firm to complain, and was told that the team leader would review my case. They will call me back in 7 working days.

Luckly no one was injured. As for the hospital, we have a baby girl who was only 2.5 months old when we lost the use of car. We had to take her to hospitals for examinations, hip checking, immunization injections, and so on. Also she had a severe eczema and we took her to hospital as least 7-8 times. Also the mother had to go to clinic several times for the past-delivery check.

The loss of use of the car, and also the slowness of the insurer really caused so much troubles to us - and that's why we were very upset when the second socilitor spoke to us negatively.

Let's see how it goes when the team leader calls me back.

Thanks a lot.

mattymoo

Loss of use and inconvenience claims are about as simple as they come. You can claim for the LOU as well as bus / taxi fares (hopefully you kept receipts).

£10 a day is the rate.

I suspect your case is being handled by an inexperienced legal executive. It should be overseen by a fee earning, fully qualified solicitor so hopefully the case will be transferred to someone who knows what they are talking about.

robbywhz1

Thanks mattymoo.

We didn't keep the receipts - we took the suggestion from the first socilitor to put a claim of £15 per day to cover both the loss of use and the expense of public transport. The first socilitor did say that the other party's insurer might negotiate it down, but they must compensate us at least £10 per day.

From your and HTH's replies, I am more clear now. Will definitely chase the firm up to defend our rights.

robbywhz1

To update,

I called the firm to complain on the 30 May, and was told that the team leader would review the file and then called me back in 7 working days - but I waited for 3 weeks and didn't receive the call. So I had to call them again. You know what the team leader said? She told me she was not informed of this! Oh my god.

Anyway, I talked to her of all my concerns, and she said she would talk to the guy who took care of my case.

So I had to wait again.

This morning, finally, I got a phone call from the solicator. But what he said just annoyed me so much! He said he had contacted both my insurer and the other party's insurer, which are Llyords TSB and TESCO. He said because they were both belong to a company called RBS(what is this?) that made things more difficult (how come?). He also told me that after the collision I should buy a 100-pound cheap car to cover my travel, to migrate the amount of loss of use. In this case, my loss of use would be only 100 pounds and the other party's insurer only needs to pay me 100 pounds. Also, he said, my claim (1250 pounds) for loss-of-use was too much. Both my insurer and the other party's insurer would not support it.

Can you see my anger here? First of all, what the crap it is to buy a 100-pound car? I really don't see any possibility here. Also, I said, after the collision, I informed my insurer and left all the things to them and the socilitor to take care of my case (I really think this is the right thing to do, instead of buying another car, or repairing my car immediately by myself). I took all the suggestions from them. They never ever told me to buy a 100-pound car. Futhermore, this amount of 1250 pounds was suggested by the socilitor as well. How come now he come to me and accuse me that I am asking too much?

It was a very bad conversation. I am now totally disappointed with those socilitors. At the end of the call, I told the socilitor that please call the third party's insurer and ask them how much they are going to pay for my loss-of-use. I just want to close this case as soon as possilbe. I had enough.

What a day!

mattymoo

The guff about RBS (Royal Bank of Scotland) is irrelevent. Ownership of an insurer does not affect their obligations to settle claims fairly and promptly. ***

The 125 day claim (£1250) is high because the third party insurers took their own time handling matters. Presumably you have claimed up till 7 days after the cheque was received as per the initial advice you received.

The alternative would have been to hire a car. This would have cost £££ double or triple the size of the current claim although normally the fact someone is hiring is known and the insurers pull their finger out a bit quicker.

*** just realised why this is an issue for him.
Your insurer = Lloyds TSB
TP insurer = Tesco.
Both owner by Royal Bank of Scotland.
Your solicitor is in effect being funded by RBS.
He does not want to bite the hand that feeds him.

Since your own solicitor has delayed matters and the third party insurers have (all in pocket of RBS) I would stick to your guns. Consider (or threaten) a formal complaint to law society - they take a pretty dim view of this kind of thing - advice to client being tainted by possible conflict of interest.