Injuries from car accident & trying to change solicitors

misterthrifty

Hi, I was in a car accident in March 2021, I was stationary and hit by a HGV. The HGV insurers have accepted fault. When I reported the accident to my insurers, (AA, who I am no longer insured with) they were keen that I should use their recommended solicitors (Michael Halsall Ltd, though they no longer recommend them) and they transferred my call directly to them. I had been told by the AA there would be no charge or deduction from my claim, though the solicitors then tried to agree a fee but I insisted that there should be none and they eventually accepted this.
18 months on and the solicitors have been worse than useless, they are obstructive, condescending and show no interest in resolving my claim to my satisfaction. This week I had a very unpleasant conversation with, I think, a director, who suggested that my injuries are exaggerated (reading the reviews they seem to say this quite often) and he said, 'the truth is we are only making £500 from this claim so it's probably best if you take it somewhere else'. 
I think trust has completely broken down, but I'm not sure what to do from here. Part of my claim was for stress following the accident and I really don't want to get in an argument with the solicitors, on top of my accident claim, but I can see problems finding somebody else to deal with it.
Any advice from somebody who has experience in this area would be appreciated.

prowla

I recently went to a car show and the folks from Car SOS were there; they had one session where Tim & Fuzz had a discussion with Tim Kelly discussing how to deal with insurance companies and so-on.

I had a brief chat with him after regarding a matter and he gave me a bit of advice and said his company's site, https://www.motorclaimguru.co.uk/, has a wealth of resources and information which is freely accessible.

They don't take on individual cases, but there may be some things there which could be of value.

tasticz

prowla said:

I recently went to a car show and the folks from Car SOS were there; they had one session where Tim & Fuzz had a discussion with Tim Kelly discussing how to deal with insurance companies and so-on.

I had a brief chat with him after regarding a matter and he gave me a bit of advice and said his company's site, https://www.motorclaimguru.co.uk/, has a wealth of resources and information which is freely accessible.

They don't take on individual cases, but there may be some things there which could be of value.

I had a scan, I am not sure if they are trying to sell their service or helping for free (a little confused here)

MalMonroe

Hi, even though you say you are no longer insured by AA, you were at the time of the accident and if it were me I'd have to go back to them and tell them what you have said in your original post here. That the solicitors they passed you on to are worse than useless and that you are no further forward, 18 months after the accident. And also that the AA should now settle the claim, as they should have done in the first place. That's what you paid them your premiums for and they are trying to shirk their responsibilities.

I'm not sure why the solicitors appear to have taken on the role of the insurance company anyway.

You can complain about that solicitor to the Legal Ombudsman -

https://www.legalombudsman.org.uk/

And here's some info from Citizens Advice - 

https://www.citizensadvice.org.uk/consumer/insurance/insurance/types-of-insurance/vehicle-insurance/vehicle-insurance-if-the-accident-wasn-t-your-fault/

You can also raise a complaint with the Financial Ombudsman about the AA, details in the following link -

https://www.financial-ombudsman.org.uk/consumers/complaints-can-help/insurance/motor-insurance

if they refuse to help you to get this claim settled. It has dragged on for far too long.

misterthrifty

MalMonroe said:

Hi, even though you say you are no longer insured by AA, you were at the time of the accident and if it were me I'd have to go back to them and tell them what you have said in your original post here. That the solicitors they passed you on to are worse than useless and that you are no further forward, 18 months after the accident. And also that the AA should now settle the claim, as they should have done in the first place. That's what you paid them your premiums for and they are trying to shirk their responsibilities.

I'm not sure why the solicitors appear to have taken on the role of the insurance company anyway.

Thanks for the reply. To clarify, the AA dealt with the repairs to my car, they passed me to the solicitors to claim for my injuries and other uninsured losses. I didn't have legal protection but they offered to treat me as though I had at the time.
I'm up to maximum stress dealing with the claim and I'm not sure that I want to take on a complaint against the solicitors that will take months/years to resolve. I just need to resolve my claim and move on.

DullGreyGuy

Either you need to read all the paperwork you signed or you need to speak to the AA who's instruction they are acting. If it was a conditional funding agreement then discontinuing the action against the advice of the fee earner can result in your becoming liable for their fees. If they are acting under a complementary LE policy then it will depend on its terms.

Have you been to a psychiatrist for your stress? Been prescribed medications or CBT etc as a result of this incident? Generally "stress" in the humdrum of life sense isnt a head of claim that is considered in most circumstances.

misterthrifty

DullGreyGuy said:

Either you need to read all the paperwork you signed or you need to speak to the AA who's instruction they are acting. If it was a conditional funding agreement then discontinuing the action against the advice of the fee earner can result in your becoming liable for their fees. If they are acting under a complementary LE policy then it will depend on its terms.

Have you been to a psychiatrist for your stress? Been prescribed medications or CBT etc as a result of this incident? Generally "stress" in the humdrum of life sense isnt a head of claim that is considered in most circumstances.

Thanks for the reply. Looking at the papers it seems it was a CFA with 0% taken from any award I received. The solicitors said that they wanted me to take the case to another firm as they weren't making enough from it, so I doubt they can say I would be liable for any fees.

Shortly after the accident I was assessed by a GP they appointed who confirmed in their report that I was suffering from stress, more recently I was assessed by a psychologist who submitted a report confirming I should have suitable treatment. They hadn't got around to arranging that.

DullGreyGuy

misterthrifty said:
The solicitors said that they wanted me to take the case to another firm as they weren't making enough from it, so I doubt they can say I would be liable for any fees.

Not making enough is very different from not making anything at all and having to self fund the GP report etc... certainly speak to them rather than making assumptions and then being landed with a large bill.

Doctor's reports contain all sorts of stuff... a friend's one said she wouldnt be able to go dancing for at least another 9 months which was totally random as dancing wasnt a topic of conversation and she hadnt done it for at least 9 years before the accident. There were a load of other Dr comments on how her life would be impacted which were equally irrelevant but clearly would in theory help to argue the "loss of amenity" aspect of the general damages/PSLA.