Is there a limit for solicitor fees in a pi claim from an rta

JPS29

Hi,
Following on from my other thread where I was the innocent party in a rta I am just wondering if there is a limit or standard set of fees that the solicitor can hit the insurance company with if I use a solicitor instead of them.
I know each case is different so let's assume
1 injured person
Whiplash injury recovery between 6 and 12 months
1 shoulder injury requiring physio recovery time same
1 week off work

Vehicle side of things being sorted with tp insurer so no costs there

Is this likely to run into thousands and thousands or with the shake up can the solicitor only charge upto xxx amount

Thanks

InsideInsurance

As per your last thread, assuming it isnt via your insurance they can claim up to 25% (inc VAT) of your general damages but nothing currently of your future damages. I havent done claims since some time before the changes but have seen there are challenges going through on the lack of being able to claim anything from future damages.

If there are claims for other things the percentages can be higher.

Of cause these are the maximums set in law. The details of how much YOUR solicitors will charge is governed by your contract with them

vaio

There are limits and to keep solicitors from starving the "value" of injuries has been increased by 10% and solicitors can keep up to 25% of the compensations.

JPS29

Sorry I'm a bit confused. Let's say to keep things really simple.
Hypothetically I am awarded £1000 compensation .
I have an agreement with my solicitor where I receive the full award and they usenet legal expenses cover to claim the 25% they would have otherwise got from me. Is that their only pay 25% of my compo. No xxx amount per letter or per man hour etc?

InsideInsurance

To be honest, you are trying to understand too much and different insurers have different commercial agreements with solicitors which will also vary depending on if they are panel or non-panel.

In fast track cases (£1k-£25k of injury) the solicitors fees are significantly capped hence there being a number of other arrangements in place depending on how the case is being handled and how the law has changed over the years.

JPS29

Ok. I see what you're saying. What I was trying to get at was how much extra it would cost the third parties insurance company if I used my own solicitor and didn't deal with them directly. I think I may have over complicated my op but I was just after a ballpark figure of what I was saving them by not using my own solicitor and using their own in house pi dept so I could use it to my advantage.

InsideInsurance

You can read http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part45-fixed-costs

If you went under no win no fee rather than your legal expenses then thered also be a 10% increase in your general damages award.

vaio

InsideInsurance wrote: »

You can read http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part45-fixed-costs

If you went under no win no fee rather than your legal expenses then thered also be a 10% increase in your general damages award.

does the 10% increase *only* apply if you are on CFA cases? I thought it was across the board

InsideInsurance

vaio wrote: »

does the 10% increase *only* apply if you are on CFA cases? I thought it was across the board

I thought it was for CFA but could very well be wrong.... my claims knowledge is aging unfortunately

vaio

Where are Bert or Jamie when you need them

OnanTheBarbarian

The 10% uplift on general damages only applies to claimants who entered into a CFA after 1/4/13 (as success fees no longer became recoverable from the Defendant from that point in time)