Road Traffic Accidents – Using the Insurer’s Solicitors.

In recent weeks I have been approached by new clients who have become completely disheartened with the legal process of their personal injury claims, which is simply not something, as someone who works in the legal process, wants to hear.

When someone is involved in a road traffic accident they are often told by their insurers that they have the right to make a claim if they have sustained any injuries or losses. The insurers will then appoint solicitors to recover those losses and seek compensation.

Unfortunately, insurers often fail to tell their clients that these solicitors are unlikely to be local to them, meaning that the majority of their claim is dealt with via emails, text and phone. It is therefore is highly unlikely the individual, affected by the accident, will ever meet the person helping them on their personal injury claim journey. Unfortunately, I understand that insurers do not necessarily tell their clients they can choose their own solicitor, and when someone asks if they can, they are told that if they wish to consider this, they are likely to incur legal charges.

These discussions often take place at a time when an individual is at their most vulnerable, they have just had an accident, where they may have sustained injuries, and when making a call to insurers regarding their vehicle they are potentially given information which is not quite correct and can be disheartening.

So what is the actual position?

Many car insurance policies have an additional policy for legal expenses cover which provides access to legal advice if someone, for example, wants to make a claim for injuries as a result of an accident.
The individual utilising the legal expenses cover will be appointed a solicitor who will then deal with their claim. The appointed solicitor will deal directly with the injured person and invoke the appropriate legal process for their claim, they will look to negotiate a settlement for the claim and get the matter resolved. When the claim is settled, the settlement amount is paid to the individual but, it is also likely to have had a deduction for an element of legal costs.

Simple right? Sometimes, but not always.

My experience of speaking with clients who started their claim through insurers, is that the legal process is not explained in detail, so they are not always aware of exactly what is required to make a claim, often being left confused. When they have tried to find answers to questions, often calls and emails go unanswered, or when they are able to speak to someone, it is never the same person, meaning they do not get continuity in respect of their claim, often having to repeat things they have said before. I also have experienced a situation where an injury, a client was suffering with, had not been included in their claim, along with an instance where the severity of an injury had not been fully appreciated.
When someone has been injured as a result of an accident, their focus should be on recovering from their injuries. When they are making a claim and do not understand what is happening, and more importantly, cannot speak with someone to answer their questions, this can make the process extremely stressful. This leads to individuals feeling disheartened and in the case of someone I met only last week, actually considering not pursuing their claim at all. This is not what having the support of a legal team should mean.

The legal process can be complex. The time a claim takes to settle will vary depending on the injuries sustained. The value of a claim depends on the injuries sustained and any future long term impact those injuries may have.

There are times when dealing with a claim can be stressful, which is why having the right legal support is so important. You do not have to stay with any solicitor appointed for you by an insurance company, and you should be allowed the freedom of choice. Yes, in any personal injury claim there are charges which a client has to pay from the damages recovered, but those charges should be made clear at the start of the claim. The Personal Injury Team at Lanyon Bowdler offer a free first interview for any client wishing to seek advice in relation to a personal injury claim, and we are always happy to speak to you face to face.