Accident Claims - Out Of Pocket

agrinnall

InsideInsurance wrote: »

Most the phone calls are pure cold calls, they have no idea who you are or if you've ever been in an accident. They pretend they do but are always so vague that you just assume that they are talking about your recent accident and you give them all the facts.

The ones that I've been getting for the last 6 months all seem to know where the accident I had took place, so someone has passed on some information. Unfortunately for them they haven't got the full picture, as in fact the fault was all mine, so as soon as they utter the words "no fault" I know it's BS. And I didn't have any injury anyway.

glentoran99

nik007i wrote: »

Hi Glentoran,

I have spoken to the solicitors and I'm unhappy with their reply to be honest. I specifically asked them why I was told that the claim was based on a "no win no fee" basis and they dodged the question which is why I've resorted to forums here which have been very helpful and have helped many of my friends in the past.

Apparently, they said they don't operate on a "no win no fee basis" but that's absolute nonsense as I was given their name by cold callers but I don't have the evidence to support this.

Any suggestions from anyone would be greatly appreciated.

By the way guys thanks for all your input and the time taken to address my issues.

Warm Regards

Nick

What do the accident firm say? and what is written on the paper work you signed?

nik007i

Hi everyone!I 've just dug out this from archived emails I've had with the solicitors in question which is the letter of engagement.
Funding
It says that I'm not liable for their basic fees, saved for pre agreed deductions for damages or where the exemptions below apply, and it states that they have agreed to act on my behalf on a "no win no fee basis" on the info I've provided for them. Then it goes on to say that if they identify a legal expenses insurance policy ( which i didn't take with my car insurers) then they may agree to cancel this "no win no fee" agreement and act under the terms. Lastly it states, that generally that will mean that we will run the bill on an hourly basis and then they will present it to my opponents at conclusion.

I look forward to your valued conclusions.

Nik

TBagpuss

So, what did the solicitors say, in the reply that you are unhappy with? Given that that presumably sets out their explanation as to why they are asking you to pay, we need to know what they are saying in order to make suggestions about how you might wish to respond.

OnanTheBarbarian

OK so you were represented under a no win no fee agreement.

There has been no win, so there should be no fee. Despite this, anyone who is represented under a NWNF agreement is still liable for their legal costs incurred by their acting solicitors as without this liability, the solicitors would have no right to seek recovery of their costs & disbursements from the other party at conclusion of the claim as the costs represent the costs for which the claimant is liable for in bringing his claim.

It is possible that the agreement excludes the solicitors indemnifying for the costs of expert opinion (medical reports).

So you need to get a copy of the actual NWNF agreement you have signed.

The alternative, as I suggested in post #5 is that the solicitors consider you to be in breach of the terms of the conditional fee agreement.

So, ask the solicitors to state in writing precisely why they consider you should have to pay these costs given that you were represented under a NWNF agreement and there has been no "win".

Then report back

FutureGirl

I always though the 'fee' in no win no fee was the fee the solicitors incur when they are successful? As in a % of your compensation.

I always thought you still had to pay solicitors costs.

Surely their 'fee' for representing you, and the costs they incur are separate things?

nik007i

I'll be back everyone as soon as I've heard from the Lyers I mean Lawyers....

Fingers crossed I'll have some good news and help any others in the same situation as myself.

Regards

Nik

OnanTheBarbarian

FutureGirl wrote: »

I always though the 'fee' in no win no fee was the fee the solicitors incur when they are successful? As in a % of your compensation.

I always thought you still had to pay solicitors costs.

Surely their 'fee' for representing you, and the costs they incur are separate things?

That is the "success fee" that is deducted from the compensation award.

In a successful claim, the lawyers fees are paid by the other party/ their insurance company, but the fees are fixed and often a far lower amount than the value of the work the lawyer has done. So the success fee which is deducted from the client's damages helps to make up the shortfall.

shortcrust

nik007i wrote: »

The doctor hired by the solicitors had made an assumption that my back pain was not due to the accident.

I wonder how long he/she lasted...