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Old 07-12-2019, 08:13 PM   #1
Gas head
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Injury claims - insurers solicitor or hire External Representation

Hi Guys

My sister has just been involved in an accident that involved another car smashing into the drivers side of her car for which she is now in hospital expecting surgery on monday her legs are in a bad way with multiply breaks, she has been told there will be issues for the rest of her life because of this.
The important thing is that she gets better, but as the other party is at fault is it best to go with the insurers solicitors or hire external legal representation so that she can be properly compensated for what she is now going through and what she will in the future.
Fortunately the car behind the other parties car recorded the incident on dash cam which the police have already reviewed and have as evidence, they have already said they have recommended prosecution of the other party in the report to be sent to the CPS.

Any thoughts or experiences similar would be appreciated.
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Old 07-12-2019, 08:37 PM   #2
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I'm sorry to hear this and I hope that she is not in too much pain.

I'm no lawyer but I think it is worth being absolutely clear-minded that her interests and the insurance company's are by no means identical and might even conflict at some points.

I'd be considering getting my own legal advice in these circumstances.

Peter
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Old 07-12-2019, 08:54 PM   #3
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I'd echo Fentum's advice.

Research if possible, to find a good local firm with expertise in this area - the Law Society website is a usedul place to start as they list solicitors by location and you can search for particular areas of expertise.

https://www.lawsociety.org.uk/for-th...d-a-solicitor/

Whatever happens, avoid ambulance chasing no win no fee vultures. Their priority is settling quick for least hassle.

Most solicitors offer an initial free consultation which gives you a chance to see if you feel they suit you as well as being an opportunity for them to advise you on the basics of a claim.

Clearly, if the case is clear cut like this, all your legal costs will be borne by the defendants, but this may take time, check how the solicitors fees will be dealt with as some up front expenditure might be needed.

And bear in mind a good solicitor will advise that this may take years to finalise. It is never recommmended that an early offer is accepted because it might take months or years for all issues to appear and be quantifiable. An early full and final settlement may well be regretted later if further health problems arise. This should not preclude some sort of interim payouts though, eg if expensive alterations to a home are needed etc.
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Old 08-12-2019, 10:09 AM   #4
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From past experience with a friend of mine firstly, settlement will take a long time, my friends happened 3 years ago and still they are fighting over figures and secondly, don’t accept the first offer
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Old 08-12-2019, 01:49 PM   #5
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Thanks Guys

I guess the answers were pretty much my thoughts, going to visit in a bit and will discuss it with her, I've had a look at the law society web page and will be contacting an accredited solicitor specialising in this sort of thing, if for nothing else to get more information as to the process and idea of costs and how to finance it, also got in mind that she will need care once out of hospital for a period of time and it all costs.
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Old 08-12-2019, 04:22 PM   #6
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Injury claims - insurers solicitor or hire External Representation

If you have legal protection as part of your insurance it covers the cost of a solicitor to pursue an injury claim. Most insurance firms retain some very large legal firms who have considerable resources to fight a claim. Be careful of the many claims management companies out there many are unscrupulous. I would speak with your insurers and see what they have to offer.
From the start document all expenses incurred and keep a record of everything. All reasonable costs can be reclaimed.

Don’t be in a rush to settle the claim as it will be on a full and final settlement. You need to be certain what the recovery is going to be and how much future care is needed. Often an interim payment may be made.

If the police are prosecuting it’s a good thing as it proves liability on the part of the other driver.
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Last edited by Radish293; 08-12-2019 at 04:25 PM.
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Old 08-12-2019, 04:33 PM   #7
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Your sister's insurers won't appoint solicitors to deal with her injury claim unless, as above, your policy incudes legal expenses cover to deal with uninsured losses. She may have separate/additional legal expenses cover in place.

I echo the above, these will be experienced firms and will act on behalf of your sister for her best outcome and the costs will be covered/insured.
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Old 08-12-2019, 10:14 PM   #8
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Can't offer you anymore advice from what has already been said, but hope your sister does okay and gets her health back and if she needs it tomorrow, hope the surgery goes well
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Old 09-12-2019, 02:02 AM   #9
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Hope your sister makes a quick recovery and that everything gets sorted.


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Old 09-12-2019, 02:32 PM   #10
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So sorry to hear about your sisters incident, and hope surgery goes well for her. Her insurers will appoint their panel solicitors and you'll be assigned a case handler and become just a number.

I work for a independent solicitors firm based in Leamington, we have Personal Injury lawyers so if you want more information drop me a message and I can refer to a colleague to call you.
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