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Will most personal injury solicitors take 25%?

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jcpeden
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PostPosted: 17:46 - 26 Apr 2016    Post subject: Will most personal injury solicitors take 25%? Reply with quote

Without going into detail, a minor RTA today that wasn't my fault. I've got some knocks and scrapes but the bike is totally fucked.

Annoyingly, I don't have legal cover on my policy (TPFT) so my only option is to wrap up the damage to my bike as a personal injury claim.

Just spoke with Thorneycroft (the insurance company's recommendation) who will take 25% in the result I'm successful in claiming from the other party's insurance.

Is that par for the course?
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andyscooter
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PostPosted: 18:42 - 26 Apr 2016    Post subject: Reply with quote

Yes most do now
Also you have to normally proove your injury's
A few cuts and scrapes will probably be about 200 quid
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jcpeden
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PostPosted: 20:57 - 26 Apr 2016    Post subject: Reply with quote

OK, thanks for the heads up. I have an existing relationship with a solicitor who wrote a will for me. I'll try him first and see where that leaves me.
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c-m
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PostPosted: 21:01 - 26 Apr 2016    Post subject: Reply with quote

Or hire a proper solicitor instead of the insurance company's ambulance chasers. The size of the damages should have no influence on their fee/hourly rate.
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lihp
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PostPosted: 21:05 - 26 Apr 2016    Post subject: Reply with quote

Hold on.

Wrap up bike damage as personal injury? Why? If it wasn't your fault, and liability has been admitted, their insurance will cover the damage to the bike, to repair or replace.

The personal injury is a separate claim to proceed with, and you can choose plenty of no-win-no-fee options out there.
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jcpeden
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PostPosted: 21:20 - 26 Apr 2016    Post subject: Reply with quote

This is what baffled me...

I have no real interest in pursuing a personal injury claim. It's a sprained ankle and some knocks that I can cope with.

However, the bike needs to be repaired (probably written off IMO) and the gear (6 weeks old) is pretty fucked. Added to that, I lost a few hundred quid for not being on-site today. All told, that's about £2K that I'd like to claim for - from the other party's insurance.

I'm insured with Devitt, who use a company called ULR (something generic) to process their claims. They then passed me to someone else who took my details and passed me over to the ambulance chasers because my policy "doesn't include legal cover".

I thought the process of making the claim would be straightforward as it would just be one insurance company claiming from another on my behalf.
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Yorkshire Geek
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PostPosted: 21:23 - 26 Apr 2016    Post subject: Reply with quote

You're claiming against his insurance company not yours, if they admitted fault you may not even need a solicitor. Contact them, see what they have to say.
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jcpeden
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PostPosted: 21:26 - 26 Apr 2016    Post subject: Reply with quote

Excellent, I'll give that a try. Thanks for the advice.
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jcpeden
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PostPosted: 21:33 - 26 Apr 2016    Post subject: Reply with quote

Just sent him my own details and requested his. I naïvely thought the insurance company would be a bit more helpful than selling the referral to an ambulance chaser but hey-ho.

I'll get his address and send him the total cost of what I'd like to claim for. He can submit it to his insurance company and we can go from there.
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M.C
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PostPosted: 21:34 - 26 Apr 2016    Post subject: Reply with quote

Legal cover doesn't have anything to do with whether you can claim. My understanding's it only really comes into play if you go to court.

TBH if the recommend company want 25% tell them to do one, especially if it's non-fault. Some insurers have agreements with solicitors so you don't lose a percentage (in return for referring you on), other people on here have managed to negotiate the 25% down to a much lower figure.
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jcpeden
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PostPosted: 21:52 - 26 Apr 2016    Post subject: Reply with quote

Again, thanks for the advice everyone. I'll start with my own solicitor and just informing this guy about what I plan to do next.
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Ste
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PostPosted: 21:55 - 26 Apr 2016    Post subject: Reply with quote

Don't bother speaking with the solicitor who wrote your will.

Find a firm of solicitors (not a claims management company) that do road traffic accidents who'll sort the claim for your bike, your kit and your loss of earnings.

www.legal500.com is as good a place as any to start looking.
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Rogerborg
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PostPosted: 22:42 - 26 Apr 2016    Post subject: Reply with quote

jcpeden wrote:
It's a sprained ankle and some knocks that I can cope with.

Diagnosed? Don't leap to any conclusions - you've not going to start feeling it until tomorrow.

If there were no personal injury I'd agree with talking to the at-fault driver's insurers directly to try and get a quick resolution though.

But with the injury, I'd go with what Ste said, he knows this stuff.

Don't assume that you'll just walk it off - that could be a very expensive, long term mistake.
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Pie-Roe
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PostPosted: 06:51 - 27 Apr 2016    Post subject: Reply with quote

Thorneycroft were the other parties solicitor in my crash three years ago. They were useless to deal with, kept making clerical errors and missing dates of serving information. Of course this could be the claimant, but I would never use them.

Incidently fletchers/duke law are the ones MCE use and you don't get charged 25% iirc, but they are dire. My solicitor had to take over the defence of my position due to their inadequate handling of deadlines for the court.
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andyscooter
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PostPosted: 06:59 - 27 Apr 2016    Post subject: Reply with quote

don't contact the person once you get details contact his insurance directly to claim for the bike and gear

then find a no win no fee company for the injuries

besides details I never had to speak to the person who I had an accident with

even that isn't really right I gave details to police who passed them on and vice verser as I was lay in the road
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Pie-Roe
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PostPosted: 07:06 - 27 Apr 2016    Post subject: Reply with quote

There are no no win-no fee claim from the other side solicitors for personal injury anymore, hence this thread. Rolling Eyes
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Rogerborg
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PostPosted: 08:21 - 27 Apr 2016    Post subject: Reply with quote

CB500 WITH GEL SEAT wrote:
There are no no win-no fee claim from the other side solicitors for personal injury anymore, hence this thread. Rolling Eyes

Why are you refuting something that nobody said?
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jcpeden
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PostPosted: 10:48 - 27 Apr 2016    Post subject: Reply with quote

andyscooter wrote:
don't contact the person once you get details contact his insurance directly to claim for the bike and gear

then find a no win no fee company for the injuries

besides details I never had to speak to the person who I had an accident with

even that isn't really right I gave details to police who passed them on and vice verser as I was lay in the road


Some mild aches and pains today...nothing severe. I don't really want to be 'that guy' when it comes to personal injury claims.

Got the other party's insurance details from mine and notified them of the incident and the specifics of what I'd like to claim for. I assume this is the part where they don't reply and I have to spend months chasing it?

Also worth noting that I spoke to the police this morning. I didn't realise you had to report any incident within 24 hours (apparently I signed something when doing both bike and car tests).
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jcpeden
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PostPosted: 10:50 - 27 Apr 2016    Post subject: Reply with quote

Rogerborg wrote:
jcpeden wrote:
It's a sprained ankle and some knocks that I can cope with.

Diagnosed? Don't leap to any conclusions - you've not going to start feeling it until tomorrow.


Yeah, I spoke to the NHS on 111 and then went to a walk-in centre for them to have a bit of a poke.

It's sprained...albeit reasonably badly...but nothing more sinister than that.
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Minty
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PostPosted: 10:55 - 27 Apr 2016    Post subject: Reply with quote

Get everything documented by your GP. I had what was initially a sprained ankle that turned out to be ligament damage to somethingflexor and trisomethingus tendons or some such that was giving me grief for 7 months.
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jcpeden
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PostPosted: 11:05 - 27 Apr 2016    Post subject: Reply with quote

Minty wrote:
Get everything documented by your GP. I had what was initially a sprained ankle that turned out to be ligament damage to somethingflexor and trisomethingus tendons or some such that was giving me grief for 7 months.


On it, will get an appointment booked immediately.
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Rogerborg
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PostPosted: 12:03 - 27 Apr 2016    Post subject: Reply with quote

jcpeden wrote:
Some mild aches and pains today...nothing severe. I don't really want to be 'that guy' when it comes to personal injury claims.

But you're missing work because of it?

If you're absolutely sure that you're not going to claim any personal injury then the other party's insurers should be keen to sort you out.


jcpeden wrote:
Also worth noting that I spoke to the police this morning. I didn't realise you had to report any incident within 24 hours

You don't. This applies only to the driver of a vehicle that causes injury to someone else, and only if that driver is asked to produce a certificate of insurance on the scene but doesn't do so.

https://www.legislation.gov.uk/ukpga/1988/52/section/170
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jcpeden
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PostPosted: 12:20 - 27 Apr 2016    Post subject: Reply with quote

Rogerborg wrote:
But you're missing work because of it?


Missed yesterday, back in today and hobbling round. I've given it some thought and will be pursuing a claim for this - it wasn't my fault in any way.

Finally got some movement from my own insurers - a senior team leader or something called me back and they've arranged for a replacement vehicle (an automatic car since my left ankle is damaged) and have passed the details of my bike over to a repairs co. who will either repair it or write it off.

All this is then claimed back from the other party's insurance without my involvement. I pointed out that I only wanted to proceed if there would be no charges and they responded by saying they only accepted these in very clear-cut cases.

Rogerborg wrote:
You don't. This applies only to the driver of a vehicle that causes injury to someone else, and only if that driver is asked to produce a certificate of insurance on the scene but doesn't do so.

https://www.legislation.gov.uk/ukpga/1988/52/section/170


Interesting...they were quite abrupt and told me they wouldn't be investigating anything.
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M.C
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PostPosted: 12:43 - 27 Apr 2016    Post subject: Reply with quote

jcpeden wrote:
Some mild aches and pains today...nothing severe. I don't really want to be 'that guy' when it comes to personal injury claims.

First accident/claim? Your attitude will change by the time this is over Smile Once they start arguing over the value of your bike and gear, and you're unable to replace it with the payout, you'll wish you'd put in a personal injury claim.

See how it goes, it's hard to tell what's going to heal, and what might start causing you issues.


Last edited by M.C on 12:45 - 27 Apr 2016; edited 2 times in total
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Rogerborg
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PostPosted: 12:43 - 27 Apr 2016    Post subject: Reply with quote

You should be fine if they're just recovering your direct and consequential costs. It's personal injury compo claims that attract a tithe out of your winnings.

More fool the other party's insurers, they could have sorted you out for less.

I hope it goes well.
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