Personal Injury - non fault car accident

everynamegone

4 months ago a driver drove at speed into the back of me whilst I was stationary waiting to turn at a junction. Thankfully myself and my other passenger were survived but have some ongoing issues as a result of the accident- both still undergoing follow up, myself for neck & spine and other passenger for issues to stomach that might require surgery. Initially my insurance referred us to their legal team - D&L - who I did look up - and saw terrible reviews- when I spoke with them I advised I’d read these and they assured I’d get one of their best etc … well .. not happy with them - and after the accident it was hard to find the will to get someone else but now needs must - so seeking advice or any recommendations on how best to proceed. The driver accepted full liability- there were multiple witnesses- of whose details I have. So as I understand- those win no fee companies you still pay fees if you win - so am I better trying to get local representation ? Or someone who doesn’t operate on the no win no fee basis - my injuries are still having a daily impact to many areas of my life - but I am grateful to be still here ! 

Sandtree

The question for your injuries is if they fall solely inside the remit of the The Whiplash Injury Regulation... this introduced a fix tariff for damages (see The Whiplash Injury Regulations 2021 (legislation.gov.uk))  - the second column is if you also have psych issues- and made it a small track claim meaning no solicitors fees can be added. This effectively means no win no fee solicitors wont be interested. You could take your own local solicitor but say you have a 12 month injury then you'll be getting £1320 in compensation and being paying your solicitor around £300-400/hr for attempting to get that... quickly means you owe more than you get.

Your passenger sounds more likely not to fall under the regulations plus potentially moving into multi-track claim values where what the third party is liable for is much more material (not that they cannot still take a percentage under conditional funding)

everynamegone

Thank you Sandtree - The Whiplash Injury Small Claims does seem to simplify the process if we fall into that category. It seems we can maybe get a medical done and that will determine - I had MRI last week so will await the results and give their helpline a call - I’ve got cervical kyphosis as a result of the accident, I hoping it’s not going to cause long term issues with my spinal chord - wait and see. The other passenger may need surgery for hernia in the stomach - we were both so lucky - policeman said had we been in a hatchback we would have been killed instantly- the psychological impact is another matter too - I hardly drive now - just very local, 30mph roads and only when essential - thanks so much for the advice and attached link

Sandtree

everynamegone said:

Thank you Sandtree - The Whiplash Injury Small Claims does seem to simplify the process if we fall into that category.

It simplifies the process and removes solicitors costs but it also has also reduced valuations too in many cases... the claimed benefit for everyone is a £25-£50 reduction in premiums as claims costs go down but not so good if you are the claimant potentially. 

My claims days are well behind me but I would imagine most solicitors now are focusing on how they can argue their clients injuries fall outside the remit of the reforms.

lisyloo

Do either of you have the legal add-on cover with your motor insurance?