Car Accident - Entitled Compensation Options

[MaxCC]

Hi Guys,

Not sure if this is the right place to post this query, but I really need some legal advice. Any help would be much appreciated.

Briefly I was involved in an car accident due to a lorry carelessly changed the lanes, this was the third party's fault. I've got an appointed solicitor by the insurer to fight for personal injuries & financial losses stuff.

After all, I was off work using my annual leave in a total of 4 days due to this accident. As I only joined this new company for less than a year, there isn't much support for sick pay in this regard, so I took annual leave to avoid 'losing money'.

My solicitor advised they couldn't recover this for me: 'Unfortunately not, annual leave is not within our remit to recover. We can only recover monetary losses under our regulations'. Was wondering, is this normal that we can't claim 'financial losses' from annual leave? My counter point is, yes, I didn't loss money for those days, however I used the holidays when I never planned to use - I saved up the holidays for Xmas, New Year etc, and now I'm in short of holidays for the days I initially planned.

Thanks in advance for your help!

Regards
Max

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[Slapdash]

I am assuming your insurer is Admiral and they routed you to AdmiralLaw who tend to handle non fault claims.

[MaxCC]

I am assuming your insurer is Admiral and they routed you to AdmiralLaw who tend to handle non fault claims.

Yes, spot on..

[Slapdash]

I am assuming your insurer is Admiral and they routed you to AdmiralLaw who tend to handle non fault claims.

Yes, spot on..

I have no idea of your terms of engagement with them. I ended up them as claims handlers, never got any terms of engagement and they were very heavily trying to get my partner to go for a PI claim and medical assessment etc. In her case a vehicle reversed into her at about 1mph while she was stationary and I merely notified Admiral as a precaution.

Personally I was unimpressed.

I am sure they do have legally qualified staff. I am sceptical as to whether any of them have given your "handler" any oversight.

[mickR]

I don’t think the court would be telling anyone to change their lawyer. I was under the impression that insurers couldn’t insist on a panel lawyer being used. What case law were you thinking of?

Hi SP, appologies i have remembered a bit more on this and youre right and i was wrong on changing lawyer.
This was specifically about the BTE (before the event) cover and not being able to use an independent lawyer in an after the event claim due to costs recovery.
I approached an very reputable independant solicitor with our personal injury claim after i had assesed the damages value using the Jsb guidelines. Not long after the initial consultation she called to ask if we had pi insurance attached to any policy. Next day we got a letter saying they couldnt act for us due the insurance untill it got to court. She stated she had checked with colegues and found there was case law preventing them as their costs would not be considered and the claimant would be responsible to pay the costs and couldnt reclaim from ins. I did check with legal dept at insures they confirmed it to be correct
Not sure if she actually named the case. I might be able to find the papers and check.

[cp8759]

Thanks for the information.. Pretty sure I'm dealing with a solicitor, it's Admirallaw.. That's a good point, the solicitor should fight for the claimant, now it's like the case I have to argue with my own solicitor first..

Have you signed any paperwork? If not, don't!

Once you sign, you can't get rid of them without paying their "costs" of handling your claim. They don't assign a solicitor to your case, you get a case handler that follows a tick-box exercise. They are acting under the authority of a supervising solicitor, but the supervising solicitor will not deal with the day to day handling of your claim.

To put this into context, I helped someone with a similar case, Admiral Law dragged their feet for months and years without progressing the claim and, a matter of weeks before the limitation period timed out, they advised the claimant that the case was hopeless and they were going to drop it. I pressed them to issue protective proceedings or risk a negligence claim themselves, then with my help the claimant served the claim, took the case through allocation & disclosure and a few days before trial and despite lots of huffing and puffing, the 3rd party inruses ended up accepting the claimant's part 36 offer which I drafted. 3rd party dragged their feet over costs for another six months but folded shortly before the costs hearing. Then we went back to Admiral Law and got another payout from them for their incompetence.

I would not touch Admiral Law with a barge pole.

[Gerfc1]

I would advise to get a specialist solicitor that have specific interest in road accident.

Using insurance's solicitor is more likely a "claims handler" just ticking all the boxes rather than reading throughout the notes.

I have experienced in using both and I would say get a specialist solicitor is the best way.

You can get an "interim payment" from the insurance to sort your finances for short term while the claim is being processed for your time off work, compensations, etc. You may have to get referred to a medical professional for a report.


I understand you may be charged by "claims handler" for their work but I will still advise you to seek a specialist solicitor

All very well, however if your Insurance policy came with a legal fees protection cover in the form of pre event insurance, that you accepted, (like personal injury cover on your home insurance) which offers a panel of solicitors to use you might have a problem.
If you have that cover but use an independent solicitor of your choice before it gets to court proceedings you will find the court will not acccept your council and instruct you to transfer the case files to the panel solicitor to take up the case from the start and you will be liable for all the independants costs. There is case law on this.

All very well, however if your Insurance policy came with a legal fees protection cover in the form of pre event insurance, that you accepted, (like personal injury cover on your home insurance) which offers a panel of solicitors to use you might have a problem.
If you have that cover but use an independent solicitor of your choice before it gets to court proceedings you will find the court will not acccept your council and instruct you to transfer the case files to the panel solicitor to take up the case from the start and you will be liable for all the independants costs. There is case law on this.

I don’t think the court would be telling anyone to change their lawyer. I was under the impression that insurers couldn’t insist on a panel lawyer being used. What case law were you thinking of?

I have never heard of court not accepting if someone wants to change the solicitors. It is everybody's right to choose which solicitors they instruct do.

All solicitors would have "Terms of Business" and that includes the right to terminate the contract.

If we are not happy with the service and we have a right to choose a different one

[cp8759]

I have never heard of court not accepting if someone wants to change the solicitors. It is everybody's right to choose which solicitors they instruct do.

All solicitors would have "Terms of Business" and that includes the right to terminate the contract.

If we are not happy with the service and we have a right to choose a different one

It's nothing to do with the court. When you instruct a no win no fee solicitor, the solicitor is not getting paid unless the case in won or settled, so the terms of business often say something like "If you ditch us half way through, you will have to pay our fees up to the date when we stopped acting for you". Otherwise they would be at risk of doing a load of work, being de-instructed and then nobody would pay them for the work done to date.

So yes, you can get rid of them, but it could be very expensive indeed.

[MaxCC]

Thanks for the information.. Pretty sure I'm dealing with a solicitor, it's Admirallaw.. That's a good point, the solicitor should fight for the claimant, now it's like the case I have to argue with my own solicitor first..

Have you signed any paperwork? If not, don't!

Once you sign, you can't get rid of them without paying their "costs" of handling your claim. They don't assign a solicitor to your case, you get a case handler that follows a tick-box exercise. They are acting under the authority of a supervising solicitor, but the supervising solicitor will not deal with the day to day handling of your claim.

To put this into context, I helped someone with a similar case, Admiral Law dragged their feet for months and years without progressing the claim and, a matter of weeks before the limitation period timed out, they advised the claimant that the case was hopeless and they were going to drop it. I pressed them to issue protective proceedings or risk a negligence claim themselves, then with my help the claimant served the claim, took the case through allocation & disclosure and a few days before trial and despite lots of huffing and puffing, the 3rd party inruses ended up accepting the claimant's part 36 offer which I drafted. 3rd party dragged their feet over costs for another six months but folded shortly before the costs hearing. Then we went back to Admiral Law and got another payout from them for their incompetence.

I would not touch Admiral Law with a barge pole.

Thanks for the information.. I did sign, and they assigned a 'case handler' to me. And you guys are right, he's not the solicitor himself, more of an 'assistant'... 'Annual leave is not within our remit to recover. We can only recover monetary losses under our regulations' - it just sounds like a tick-box exercise.

Anyway, I've reached out to a specialist solicitor to go through all the details, he's shocked how this case has been handled: 1. My case is crystal clear, I got the dash cam, everything was recorded - I was travelling on my lane, the lorry caught up from behind and clipped my rear while he was changing lanes. 2. annual holiday due to the accident could be recovered (at least I was told so). 3. It has been almost 2 months, Admiral Law haven't done much yet. Haven't even arranged a medical examination or whatsoever.

I've raised a complaint to them with a cancellation request. Based on my personal experience, I do agree - don't use Admiral Law service..

I have never heard of court not accepting if someone wants to change the solicitors. It is everybody's right to choose which solicitors they instruct do.

All solicitors would have "Terms of Business" and that includes the right to terminate the contract.

If we are not happy with the service and we have a right to choose a different one

It's nothing to do with the court. When you instruct a no win no fee solicitor, the solicitor is not getting paid unless the case in won or settled, so the terms of business often say something like "If you ditch us half way through, you will have to pay our fees up to the date when we stopped acting for you". Otherwise they would be at risk of doing a load of work, being de-instructed and then nobody would pay them for the work done to date.

So yes, you can get rid of them, but it could be very expensive indeed.

I'm trying to get rid of them now anyway, to my knowledge they haven't done much yet. Interesting to see what bill I'd get from them..

[Gerfc1]

I have never heard of court not accepting if someone wants to change the solicitors. It is everybody's right to choose which solicitors they instruct do.

All solicitors would have "Terms of Business" and that includes the right to terminate the contract.

If we are not happy with the service and we have a right to choose a different one

It's nothing to do with the court. When you instruct a no win no fee solicitor, the solicitor is not getting paid unless the case in won or settled, so the terms of business often say something like "If you ditch us half way through, you will have to pay our fees up to the date when we stopped acting for you". Otherwise they would be at risk of doing a load of work, being de-instructed and then nobody would pay them for the work done to date.

So yes, you can get rid of them, but it could be very expensive indeed.

I agree with that but I am glad the OP has a specialist soilicitor so that person will help the OP and even persuade the Admiral claims handlers to drop charging the OP especially the little work they have done.

All the best of luck with that specialist solicitor