Disagreeing with my appointed solicitor - reclaiming excess

iamashoppingaddict

Ok long story short.

I had an accident back in December. Lorry drove into the side of me at a busy roundabout. Circumstances complicated so won't go into detail. Lorry was sign written Tesco.

Driver drove off, but I got his registration plate. Called police to advise of accident and advise that driver driven off. Nothing further happened in this regard.

Car repaired through insurance company and excess of £375 paid to repairer. After some delay I was finally appointed a solicitor through my legal expenses cover.

Forms all filled in and returned. Solicitor wrote to TP who basically said no I had cut across the lorry. I hadn't and I know I hadn't. Gave solicitor more details of the accident and they wrote again to TP with this additional details.

As expected TP replied saying no.

Solicitor then said I should accept 50/50! I advised that I didn't want this to happen yet and that I felt two letters to the TP basically asking for my excess back wasn't really working on my behalf to get the money back as of course this big corporate company was going to say no!

The other option I was told was to go to court. I didn't feel that it needed to go that far because purely by putting a bit more of a 'fight' into the letters might give them the scare enough to reimburse me.

I then asked for copies of what the third party has provided as their evidence that I had cut across him so that I could provide more detail for the solicitor to write a firmer letter. This was about a month ago and today I chased them to get an update as I hadn't heard anything.

I got a reply saying that as I refused the 50/50 they'd passed my file for authorisation for going to court!!!!

I didn't refuse, just simply stating that sending 2 letters wasn't really enough and that going straight for 50/50 or court wasn't an option yet either.

I've paid for their services through my premium, therefore I am the client correct? The firm is appointed by the insurance company, but separate to them.

This driver hit my car, shrugged his shoulders and drove off. He knew that he wouldn't be personally liable for hitting me and wouldn't be out of pocket. However I'm nearly £400 out of pocket and seem to have a solicitor who isn't really interested in helping the 'small guy' rather than settle for what is cheapest for them!!

Thoughts, ideas?

the_insider

A few more details might give people a better chance of helping you. Link the roundabout from google maps and describe who was where so we can figure out who was at fault.
Why don't you want to go to court? If you know you're right there's no risk.

Quentin

If you have no witness you are on sticky ground to get full liability accepted by the other side.


However, your solicitor is trying to get the funding for a court case so is accepting you are not happy over their advice to accept 50/50.


Though unless the insurer is convinced you have a better than 50/50 chance of winning in court they won't fund it, so you will be left with accepting the 50/50 on offer or funding your own court case.

Bantex_2

Have you got any proof or witnesses that will confirm the incident was not your fault, and are prepared to go to court?

iamashoppingaddict

its difficult to explain properly how/why the accident happened really but the basics are it was a roundabout to get onto the M25.

It happened on one of the days end of last year when the QE2 bridge was closed the M25 was bumper to bumper.

The roundabout in question is traffic light controlled and therefore at each turn of the lights people were edging forward.

The lorry was alongside me and whilst I was stationary at his turn of the light he drove into the side of me and scraped along the car. The car required a new door and new wing mirror.

If he'd looked in his mirror he would have seen me and hopefully not have moved.

Not everyone could do all the time the lights were cycling around. It had taken me 3 hours to get from lakeside to the roundabout in question anyway!!!

There was witnesses but as it was the M25 it wasn't really safe to get out and start getting names and there wasn't anywhere to pull over. Despite it being bumper to bumper I certainly didn't feel safe enough to get out of the car. It was dark.

*sigh* Its just so annoying because its SUCH a lot of money to me. that money was ring fenced to pay for holiday this year and now its gone, all because the guy driving the lorry didn't bother to check his bloody mirror!!!

oldbaldman

The lack of an independent witness does not help you, however all may not necessarily be lost. What might help you is for someone with collision investigation experience to look at the circumstances for you, and help you word your case effectively. Definitely NOT saying that it would change what you have said but may change the way you have worded it. I have seen some winnable cases lost by keen and enthusiastic people who despite being in the right and meaning well, failed to put sufficient relevant points which would probably have won their dispute.

obm

iamashoppingaddict

oldbaldman wrote: »

The lack of an independent witness does not help you, however all may not necessarily be lost. What might help you is for someone with collision investigation experience to look at the circumstances for you, and help you word your case effectively. Definitely NOT saying that it would change what you have said but may change the way you have worded it. I have seen some winnable cases lost by keen and enthusiastic people who despite being in the right and meaning well, failed to put sufficient relevant points which would probably have won their dispute.

obm

How would I do that? Would my solicitor, Carpenters, do that?

Bantex_2

iamashoppingaddict wrote: »

How would I do that? Would my solicitor, Carpenters, do that?

Probably only if you agreed to pay. Sounds not at all a sure thing.

iamashoppingaddict

No indeed. 50/50 it is then. Really pee's me off.

*sigh*

oldbaldman

There are probably people here with such experience?

Are you happy to answer specific questions here?

You have not said anything which would enable anyone to make an informed decision as to who was in the right or wrong, or where liability lies.

obm

Quentin

iamashoppingaddict wrote: »

No indeed. 50/50 it is then. Really pee's me off.

*sigh*

Why not await the outcome of your solicitor's request for funding for court?


(Nothing to lose by waiting, and if they agree to fund a hearing there's always the chance it calls the other side's bluff who might want to go to court less than you appear to)