road traffic accident problems solicitor

Road Traffic Accident Compensation: Problems With Your Solicitor

In this Q&A – you will find out what you should do if you are having problems with your own solicitor that is running your road traffic accident personal injury claim.

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Road Accident Victim Question

I had a car accident earlier this year when I was hit by another vehicle. My car was written off and I suffered a broken arm and whiplash. I received a call from the insurers of the other driver offering a hire car. In addition – they admitted that their insured driver was at fault.

I am insured third party, but I have the benefit of legal protection cover. Therefore, I instructed a lawyer under this policy to recover compensation for me.

As liability was accepted by the other driver I expected my claim to be straightforward. However, I have found that my legal representative will not answer my calls or letters.

I received a letter a couple of months ago explaining that there was a problem. Thus, my solicitor will need to take the matter to court. Since then – I have heard nothing further despite repeated requests for information. I feel in the dark as to what is going on.

I am very frustrated and would appreciate any guidance you can give as to what I can do in this situation.

What to do if I am having problems with my road traffic accident solicitor?

Road Accident Solicitor Response

When you claim on your legal protection cover of your motor insurance policy you typically do not have the choice of the solicitor you can use to make your claim.

You will be automatically passed to a firm of solicitors who have an agreement with your insurer. Such legal representatives are known as insurance panel solicitors.

Some of the larger insurers will have their own legal team to deal with claims (known as an inhouse legal team).

road traffic accident solicitor complaint
Road Traffic Accident Solicitor Complaint

Unqualified case handler

In some law firms – the day to day running of your claim may be by a caseworker who may not be a qualified solicitor or is very inexperienced. This can lead to the problems you are describing.

Supervision By A Qualified Solicitor

A caseworker who is not a solicitor, should ultimately be supervised by a qualified lawyer.

However – different law firms take different approaches as to the level of this supervision.

As soon as an unusual situation arises – the caseworker may not be experienced enough to know how to deal with it. The law firm may have a procedure in such circumstances to seek help from a more qualified individual. However, human nature being what it is – this may not take place with the result that your claim is given a low priority.

Dispute On Quantum Despite Acceptance Of Liability

There could be an active dispute on how much your claim is worth even when liability is accepted. This can be quite common and can necessitate the issue of court proceedings.

Some law firms will at the point of issue of proceedings allocate your claim a more senior individual in the same law firm – most typically a qualified solicitor.

What steps can you take if you have a problem with how your claim is being handled?

You will be pleased to know – there are a number of options available to you if you are unhappy with how your solicitor is dealing with your claim, including:

When you were first contacted by the law firm to run your claim you will have been provided with a letter setting out (amongst other things) the firm’s complaints procedure.

All legal firms must do this when accepting you as a client.

This letter is often referred to as a client care letter. It will include the process for complaints in the law firm. In addition, you will typically given teh name and contact details of somebody senior in the firm to contact in the event of difficulty.

We tend to find that things can change once somebody senior has become involved. For example:

  1. Your current caseworker will become more communicative and ensure your claim move forward at a faster pace Or
  2. You will be allocated a new solicitor to deal with your claim to your satisfaction.

2. Complain about your road traffic accident solicitor to your insurance company

Your insurance company will have a big influence on the legal firm it instructs under your legal protection policy. After all, the insurer is supplying the legal firm with its source of work.

If you have followed the firm’s complaint procedure and are still not happy – you should complain to the Legal Ombudsman (LeO). The legal ombudsman has formal powers to resolve complaints about lawyers.

Alternatively, the Solicitors Regulation Authority (SRA) regulates solicitors, so as to protect the public. The SRA can assist with complaints relating to solicitor dishonesty or discrimination.

4. Change solicitors

As a last resort you have the right to change solicitors to run your claim. The issue you may find relates to costs and the time spent by the existing firm on your claim.

The legal protection you have with your motor insurer may not agree to fund your new chosen solicitor. However – in the alternative you could seek a funding agreement, such as a no win no fee. In this way – you may be able to limit the legal costs you have to pay.

See our personal injury lawyer article – to discover how to choose the best road traffic accident solicitor.

Select from our specialist solicitor telephone / online help options.

You can call to speak direct to our specialist solicitors, ask a question or have your personal injury claim assessed.

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