Serious Incident - Legal Strategy - Stood next to car and hit by an elderly driver at speed

KimJongUn88

angrycrow said:

You can do a combination of the two approaches. You are not required to use the solicitor recommended by the legal expenses insurer. Choose the solicitor you want to use then ask the legal expenses insurer to confirm cover. You get your choice of solicitor with no 25% deduction.

You want a solicitor who will push for early and comprehensive rehabilitation. 

No you can’t do a combination of the two. The Legal Expenses Insurer will have a panel of Solicitors that they will use. You can only use the Solicitors on that panel. 

KimJongUn88

Petriix said:

You don't need to use a 'no win no fee' solicitor. You will win. Appoint an expert right away so that you maximise the compensation without signing away a huge part of the settlement.

Even though liability is not in dispute, there is always a litigation risk. If the third party made a Part 36 offer which isn’t beaten at trial, you’d be on the hook for the third party costs 21 days from the date of expiry of said offer and also your own costs. Would you be willing to take that risk without insurance in place?

angrycrow

KimJongUn88 said:

angrycrow said:

You can do a combination of the two approaches. You are not required to use the solicitor recommended by the legal expenses insurer. Choose the solicitor you want to use then ask the legal expenses insurer to confirm cover. You get your choice of solicitor with no 25% deduction.

You want a solicitor who will push for early and comprehensive rehabilitation. 

No you can’t do a combination of the two. The Legal Expenses Insurer will have a panel of Solicitors that they will use. You can only use the Solicitors on that panel. 

Sorry but you are wrong. You have a right to choose your own solicitor. 

AdrianC

Does this even need to go legal? Surely it's a simple open-and-shut claim for injuries from the driver's insurer?

The only question is the ultimate severity of the injuries, and that's something that time alone will reveal.

KimJongUn88

angrycrow said:

KimJongUn88 said:

angrycrow said:

You can do a combination of the two approaches. You are not required to use the solicitor recommended by the legal expenses insurer. Choose the solicitor you want to use then ask the legal expenses insurer to confirm cover. You get your choice of solicitor with no 25% deduction.

You want a solicitor who will push for early and comprehensive rehabilitation. 

No you can’t do a combination of the two. The Legal Expenses Insurer will have a panel of Solicitors that they will use. You can only use the Solicitors on that panel. 

Sorry but you are wrong. You have a right to choose your own solicitor. 

It’s not the norm though. 

From the Financial Ombudsman:

” We’re likely to decide that the policyholder should be able to appoint their own solicitor from the start of their insurance claim and before legal proceedings are necessary, only in exceptional circumstances.”

angrycrow

Extract of the motor legal wording from Direct Line. 

Choosing an appointed representative

a) You have the right to choose an appointed representative to safeguard your interests from the time you have the right to make a claim under this policy. This includes the right to choose an appointed representative to serve your interest in any inquiry or proceedings or if a conflict of interests 

arises.

b) If you choose an appointed representative who is not a preferred law firm they must agree to act for you in line with our terms of appointment (you can ask us for a copy). Cover for their costs will only commence from the date they agree to our terms of 

appointment.

[Deleted User]

The recent Herbert vs HH Law case implies that in some cases that are open and shut no risk ones, the fee should be lower - 15% was the advised level in that case. With legal cover though shouldn't be an issue

mgfvvc

AdrianC said:

Does this even need to go legal? Surely it's a simple open-and-shut claim for injuries from the driver's insurer?

 Who is liable may be clear (open and shut), but the amount of (cash) liability and more importantly the organisation and funding of rehabilitation may be significantly affected by how good the medical and legal advice is. Even if it's settled out of court, the setllement will be negotiated by solicitors.

Manxman_in_exile

Petriix said:

You don't need to use a 'no win no fee' solicitor. You will win. Appoint an expert right away so that you maximise the compensation without signing away a huge part of the settlement.

I'd have to say this is probably the most ridiculous comment I've ever read on these boards.

caprikid1

"Extract of the motor legal wording from Direct Line."
If you or the other party have insurance with Direct Line I suggest get a very good solicitor and avoid anything they offer like the plague, I was hit by a direct line insured driver and it cost me £1000s as they refused to repair the car correctly I had to get someone else to do it, their assessor's lied , changed their minds and use all manner of blackmail, and bullying tactics to get the quote down, Pay Cheap !! Get ...
I suspect if it is not your fault just get a good specialist solicitor, don'rt trust direct line or the like, their primary goal is to dismiss claims / keep the costs down, they will bully you to settle ASAP as the settlement goes up as the length and extent of the injury is known / increases.