Legal Expenses Insurance - Personal Injury

Jo_King

I posted weeks ago about problems with my legal cover following an accident.

I had an accident six weeks ago. I've had whiplash, but am managing that with physio, but tried to return to work several times and failed, due to headaches, exhaustion, difficulties concentrating. It turns out I have post concussion syndrome. To my huge frustration I'm not back at work, and my paid sickness leave has run out. It is complicated by an underlying condition which the accident has exascerabed possibly (though I hope not) to the point that it will be years not months before I get back to full time work.

Immediately after the accident my insurance passed me through what they described as 'our aftercare team' who turned out to be Personal Injury Lawyers. They asked me to sign a 'no win, no fee' agreement of 25%, even though I had legal insurance. I refused to sign the form.

I've since found a local solicitor who I like and trust. He's been trying to get my insurers to specify that they'll pay his fees to represent me. Today I got a letter from a company called Legal Insurance Management saying that the option to choose my own solicitor is only 'applicable from the issue of legal proceedings'.

In other words, I think, I have to choose from their panel. Who are asking for 25% of any final compensation. Am I being utterly dim? I thought the point of legal insurance was so that I didn't have to enter a no win no fee agreement?

Can I allow a panel solicitor to represent me to the point of issuing legal proceedings and then switch to my own solicitor? And what does that mean? This isn't a straightforward case and I don't know what they long term implications of this accident are going to be. I really want a proper solicitor who I can sit down and talk to fighting my corner.

I have searched the web for information but have found little of any use. I'd be really grateful for any advice. Thanks.

Quentin

All this should be covered by the ts + cs of the legal expenses policy you have.


These will be specific to the individual insurer you bought the policy from, and to get definitive answers to your questions you need to ask the insurer, rather than rely on answers here.

huckster

The 25% issue re no win no fee comes from government legislation in their attempt to reduce costs of injury claims.

Most Insurers will pass you to Personal Injury Solicitors, who will pursue for you on a NWNF basis. The legal expenses cover if you read the terms, is where the Insurers have agreed to meet your legal fees for legal proceedings. Of course, when the Insurers are getting a commission from Personal Injury Solicitors, they will insist you use that avenue, rather than legal expenses which costs them money.

If Insurers won't agree to cover your legal fees under the expenses cover, you are faced with two choices. Either you use the PI Solicitors Insurers have passed you to or you use your own Solicitors where you come to an agreement on fees you have to pay them. Using your own Solicitors may mean you have to pay some fees upfront.

Yes, i know you will say " why am i paying legal expenses premiums ", if Insurers can decide whether they pay them or not. That is an argument you will need to have with the Insurers claims department.

Rather than have a long forum debate, you would be better spending the time reading the legal expenses terms of the policy and discussing with the Insurers.

OnanTheBarbarian

As advised, check the T&C of your legal expenses policy as there should not be a need to represent you under a conditional fee agreement with a success fee deduction. Unless the policy is utterly rubbish and excludes cover for making an injury claim.