Experiences with Solicitors

[The Dude]

Hi guys. It's now been almost 5 months since a guy in a car crashed into me. He is still saying that the accident was my fault so liability is still being contested. My problem is, getting in contact with my solicitor is a nightmare and when i do get hold of him it seems that he has no interest in what i have to say. He is very abrupt with me and seems to just want to get of the phone. He speaks to me as if i am some stupid school kid because i don't really understand how these things work. I am 29 and fairly new to biking. This is my first accident. At the moment, i still have no idea whats going on with my case and the whole thing is really getting me down because i have no idea whats going on. My insurance included legal cover and thats how i ended up with this solicitor. I assume he must be pretty good if the insurance company uses the firm he works for. His attitude towards me has actually put me of calling him if i need to know something and i find this very unhelpful. I know these guys are quite busy but still. Is this typical behavior for a solicitor? After 5 months should i be getting more communication from him as to whats happening with my case and what communications he has received from the other parties? I would appriecate any thoughts or suggestions from you fellas as this is becoming really frustrating for me. Thanks

P.S. The only thing that i can see he has done is ask me to get information for him like a damage quote, and reciepts for any loses i suffered during and after the accident, which i have done weeks ago. He has also arranged for me to visit a specialist at a local hospital in 2 days. Apart from that there has been nothing.

[Scotsman37]

Well the courts are over stretched at the moment, if it get's to that point that is. He will or has been in communication with the other driver's solicitor and the investigating Police Officer to see where they stand on this matter. Now, if the other drivers says it's your fault and there is no other witnesses to back either your stories to what has happened and then it's up to the Police who initially did the investigation as they should have written up report to what they beleive has happened i.e. measurements of skid marks before the impact incurred and any traffic camera footage taken at that time. If the skidmarks show that either of you were above the speed limits then the blame will fall on one of you or both of you.

If there is no scientific evidence or witness statements to back you up then it's your word against his and, basically, you haven't got a hope in hell of winning and neither can claim from each other for damages because nobody can prove who was at fault!

If the Police are involved try contacting the investigating Police Officer that written up the report and see if you can get a copy of it and ask Officer has your Solicitor been in contact at anytime and then you'll know if he has done something ?

I would also contact your insurer and ask them as they will know best how long it usually take to resolve such a similar case as yours.

[The Dude]

Thanks Scotsman. The police weren't called to the scene. I went flying over a car and wasn't thinking straight at the time. I suppose the other guy should have called them but he didn't. I thought it was up to the courts to deciede who's fault it was if both sides couldn't agree liabilty between themselves. The accident isn't really in question here though. It's my solicitors attitude towards me and lack of communication with me after 5 months. I know he has been in contact with the police officer i reported the accident to the next day, but as far as i know they haven't given my solicitor a report yet.

[Scotsman37]

Was an ambulance called to the scene and, if so, then they would have a record of being called out ?

I would ask to speak to the investigating Police Officer as they may have taken skid mark measurements to prove what speed you and the other driver were doing ?

[The Dude]

No ambulance either man. I guess i was in shock at the time. I was very close to work when the accident happened so i wheeled my bike to work and got a lift home straight away. Like i said, i wasn't thinking straight.

[Flip]

If his attitude is sh1tty, I suggest you only communicate via email, this way you can ask the questions you want and say what needs to be said without feeling like he is not listening. You could always put a ps at the bottom asking for a reply in 24 hours. Do this 'til he replys. Remember, his job is to defend you, not intimitate you.

If he continues to be a shmuck inform your insuranse people you want another solicitor as you find him rude and unprofessional.

[The Dude]

Cheers flip. I'm considering doing that

[Zoffo]

Threaten your solicitor with going to the Law Society

https://www.lawsociety.org.uk/choosingandusing/redressscheme.law

[Stu_666]

I used to work in a Solicitors a few years back doing this sort of thing (uninsured loss recovery) and a lot of the time its because they're overworked or it might be because the personal injury you have isn't worth that much too them (yeah, which I know sounds pretty bad but that's the way they worked where I was).

Perhaps book an appointment with the Solicitor and request him to go through what is happening with the case and what he sees as the best way of going forward. In a fair amount of these cases I settled with the client on a 50:50 basis if liability was a bit iffy on either side so that's what he may suggest.

Failing that, I'd probably get onto your insurers, kick up a fuss that the Solicitor isn't being active enough and ask for a change of Solicitor. Normally if you get a bit arsey with them they pull they're finger out.

[T.C]

5 months is no time at all yet for a whole number of reasons.

First of all the solicitor needs to obtain a copy of the Police report, and providing the case is now closed it usually takes a further 3 - 4 months for that report to be forwarded to the solicitor once the request has been made and the £60 disbursement paid.

However as it is being funded by LEI, in many cases the insurers use solicitors who are on a retainer and work on the cheap and your case is simply part of the conveyor belt process and one of many that he/she is dealing with. If you are not happy with your solicitors then first of all you need to contact the head of the firm and explain your situation to him/her who should/will investigate the matter.

If the matter fails to be resolved, then approach your LEI and ask them to appoint another solicitor or law firm for the reasons you have stated. For minor cases they will simply transfer the case to another firm, but in high value or specialist cases you can dictate who you want to handle your case and should not have too much difficulty getting approval. However once proceedings are issued you can instruct whoever you wish and have the case transferred, although this might be difficult as most of the fee earning after the issue of proceedings will be minimal and many independent law firms will not be interested particularly if the previous firm made a dogs dinner of your case.

If the case is transferred to a firm of your choice, then the papers will be forwarded on and any costs incurred by the previous firm will be added to the final overall costings, and they will be paid at the settlement of the case. If you are privately funding the case then you may be asked to pay their fees before the case is handed over.

To give you an example, I have just finished my involvement in a case where the rider had solicitors appointed by his LEI, and two years after his claim started they still hadn't taken a witness statement off him the claimant. They wanted him to settle for £5,000 which made it quick and easy, we have just settled for £40,000 4 years after the accident happened plus interest back dated to the date of the accident. There are some poor law firms out there but you need to speak to head of the group and your LEI before doing anything as you could end up with a nasty bill before it gets moved on.

The average time period for a case to be settled in a minor injury is between 12 - 18 months, in the case of more serious injuries it can be several years and this can be for a whole number of reasons, not least of which is the fact that 12 - 18 months is considered the time it will take for an injury to fully heal and a correct assessment of the value of your injury can be made. Settle to early and your case could be undervalued if other symptoms develop and this is before the arguments into liability start and then they will come back with counter allegations of contrib.

Read the following:

You may have heard the stories over the past couple of years about how Claims Direct and The Accident Group (TAG) went bust owing millions of pounds both to their creditors not to mention clients who had successfully won their claims only to find out that a big chunk of their compensation would now be required to pay their legal fee’s. As a result of this bad publicity many people have understandably become a little wary of no win no fee arrangements even to the point that just about every law firm that represents those who have been injured are often labelled as “Ambulance Chasers”.

Anyone who is injured as a result of someone else’s negligence or inattention is entitled to claim compensation for the injuries they have sustained, and whilst it can be done on a DIY basis, the reality of it is that a specialist personal injury solicitor will have the experience, knowledge and background to ensure that you receive the maximum amount of compensation appropriate to your injuries. Now, not everyone has the financial clout or the legal cover to be able to go out and appoint whatever law firm they choose which is why the “No Win No Fee” or Conditional Fee Agreement (CFA) was introduced in the first place. In short, it gives everyone access to legal representation without the risk of having to find a big chunk of money up front, and more importantly without risk of your compensation being used to pay your legal fees, it really is what it says on the tin, if you win you pay nothing, if you lose you pay nothing.

So how does it work? Well quite simply, a solicitor who offers this arrangement, and subject to accepting your case, will take out and pay for an insurance policy on your behalf. This insurance is approved by the Law Society, and will cover all the work that is carried out on your behalf. If the case is successfully concluded in your favour, then the defence will pay all the legal fees, the cost of the insurance premium and your compensation. You receive your cheque and the case is closed as far as you are concerned. If you lose however, then the insurance policy that was taken out at the commencement of the case will kick in and cover all the opposition’s legal fees, but your solicitor will not get paid a penny.

And this:

As a motorcyclist, it is probably fair to say that one of our biggest worries or concerns is being involved in an accident, particularly one where we end up being injured. Having a crash is stressful enough in itself but the thought of having to take legal action to seek redress can make the worry even greater. A question I regularly get asked, particularly when the rider has been injured, is “How can I ensure that the best solicitors are appointed to look after my claim?”

Well let’s start with the basics. There are two main ways in which a solicitor is appointed. The first is through a legal expense insurance which often forms part of your road risk policy. Solicitors on that insurance company’s panel are appointed to look after your interests. The other way is for you to appoint your own solicitors and have your case funded under a No Win No Fee agreement or, to give it its proper name, a conditional fee agreement.

It is important that, as the client, you have full confidence in the law firm or solicitor appointed to handle your case. Many firms will profess to having experience in handling motorcycle claims, only for you to discover many months down the road that they really have none at all. In the worst cases you may even find that they have no real interest in dealing with motorcyclists.

So what can you do to ensure that the best person is chosen from the outset to look after your claim? Well asking a few pertinent questions should help to give you a good indication of their knowledge.

What associations do they belong to? A solicitor who deals with injury claims should at the very least be a member of the Association of Personal Injury Lawyers (APIL) or the College of Personal Injury Lawyers (CPIL). Many are members of the Law Society Personal Injury Panel and The Motor Accidents Solicitors Society (MASS) while those who deal with the more serious injury claims such as head and spinal injuries will often have associations with organizations such as Headway or the National Association of Bikers with a Disability (NABD).

What do they really know about motorcycles? You will be amazed how many will profess to know about bikes simply to get your business. So if you are asked “What bike do you ride?” tell them something like “CBR!” If they ask if it’s a Suzuki you can start worrying, but if they ask if it’s the 600, 900 Fireblade or Blackbird then you’ll be well on your way. In some cases there may be an in house specialist which is fine, but you need to ensure that they are at least familiar with the peculiarities of motorcycling.

How many motorcycle claims have they handled over the last 12 months? Some may have only handled one or two while others may have dealt with considerably more. It never hurts to ask the question.

What has been their biggest settlement in circumstances similar to yours? This may give you an indication as to whether they feel that you have a good case.

How many times have they taken a case to trial? 99% of cases settle without going to trial, but you will want someone who is relatively experienced in taking a case to trial and will fight your corner for you.

Do they use accident reconstruction experts (for the more serious cases) and accident investigators? Some firms have people like myself who can respond almost immediately to any motorcycle accident. In these situations, statements can be obtained early, the scene can be visited and photographs and sketch plans prepared. Probably the most important part for my firm is that I can report back to my senior colleagues on what I feel the chances of success are. Many riders will happily talk to a fellow motorcyclist or someone with a motorcycle background because we talk the “language”. Some firms use civil engineers or chartered engineers as the investigation experts who are often great at number crunching but have very limited knowledge or experience of motorcycling.

How will the case be handled? This should be explained to you from the outset, but some solicitors are better than others on this front. Don’t be afraid to ask, after all it is your welfare that is at stake.

And finally, if you can, pay the firm a visit. I appreciate that this may be difficult if you live in London and your legal insurers appoint someone in Carlisle, but often a personal visit will give you a good indication of the sort of firm you are dealing with. Are they a small two man operation with files strewn all over the floor and bursting at the seams or do they work from decent premises with a good backup and support staff? First impressions are often not misleading.

Remember, if you need to employ the services of a solicitor, you are the client, you are the one who is ultimately employing them, and therefore it is only reasonable to expect a professional level of service. If you are not 100% happy that they will provide the service that you expect, then walk away or speak to your legal expenses insurer and discuss your concerns with them, after all there are plenty of firms out there who will be only too pleased to look after you.

As I say 5 months is no time at all, give it a little longer!
____________________
It is better to arrive 30 seconds late in this world, than 30 years early in the next

[tintin]

Try these guys:
https://www.ridersupport.com/
____________________
The older I get the better I was

[JimboJ]

Get rid of them. My case has now been passed onto a partner in the firm and I never have any trouble in contacting him, even if he's out or on the phone he rings me back within an hour. At the end of the day (assuming you aren't held responsible) he is going to get paid a lot for it!

James
____________________
[00:42] <NSR-Andy> which one's the missionary position
[00:42] <NSR-Andy> i've heard it's good
[9:42pm] <Shaun> you came first mike | <Shaun> yes gav, because I really want to fuck you

[Scotsman37]

T.C. you do love to type !!!

[T.C]

[Vespa]

.

[The Dude]

Thanks guys, especially T.C.
Very helpful