Car insurance/Lawers complaint

[Jamboray]

Hi folks, Wondered if anyone can give some advice on my issue?

I had an accident in April 2004, where another driver ran into the back of my car at a set of traffic lights. No one was seriousley hurt, but my car was deamed a write off due to the damage and cost of repairs. I suffered neck and back pain and an xray suggested soft tissue injuries. I did not take too much time of work and just got on with it. I have recieved payment for the market value for my car and the third party has accepted liability, they are stalling on the payout and have offered about £1800 (March 2005) My Lawer is looking for about £3500.
To rub salt in the wounds I had another accident in Oct 2004 where a young lad ran into the passenger side of my car on a roundabout, another write off and further injuries to my lower back This is another claim that is going through the same Lawer and the third party has admitted liability.
As a result of these accidents, I have recieved a bit of councelling for loss of confidence, stress etc. Still on pain killers for my neck and back and recieved an MRI Scan which was all clear.

I understand that these claims take time but I am getting fed up with my lawer and have had to complain about them before through my insurance company, the AA, due to the lawers poor communication and updates.

I've now got to a stage of where I really feel that I am another statistic and case number for the lawer.

A few of the problems I have had are as follows:

• Attending an assessment for back injuries, where the doctor did not know I was coming.
• Attending a phycoligists appointment to find the phycologist was off sick and waited a further 6 months for this appointment.
• Attending a court hearing in Jan 2006 for the April 04 accident, to find it had been cancelled.
• I have to constantly ring them for updates, I have had to ring them after 4 months of hearing nothing.
• I have not had an offer for the second accident and have asked.
• A change of Lawer made on my case, but no mention of this to me.

What I would like to know is

Do I have grounds for complaint against my lawer or is this common practice?
How do I complain about them?
Is it advisable to rock the boat?

Any help and advice would be appreciated.

Thanks

[mooreda]

you need to complain to your insurer and if necessary escalate it to the Financial Ombudsman Service - Try and find out who the Insurer is as the AA is only a broker!

[Jamboray]

Thanks for the reply. The insurer is Hastings for the first accident and AXA for the second.

[Teddybear]

Evening

Rock the boat my friend and hopefully your lack lustre laywer will fall out the boat into shark infested waters...sorry bit over the top but I do this for a living and cannot abide poor service.

The relationship with your solicitor has well and truly broken down. Complain to the complaints partner in the solicitors firm threatening to go to the law society, your acting solicitor needs his/her client care to be noted and have wrists slapped then find another set of solicitors who are really specialised and get your file transferred. You deserve a better service than this. Hastings may provide Legal Expense Insurance see who they have on their solicitors panel. Get both the files transferred as it is always better to have the same solicitor as there can be an interplay between injuries which will need to be addressed. Alternatively get online and find a good RTA Solicitor firm most will have an email service for enquiries and ask them for advice.

All the best with your claims and hope you have a speedy recovery.

P.s. has anyone offered you complimentary physio or osteo treatment for the injuries you have sustained, it is in their best interest as it will mitigate your loss.

P.p.s. If you have any other queries feel free to reply to this post, just bear in mind I don't have conduct of your file so I don't know all the ins and outs.

[chesham]

Personal injury claims in the UK can take up to 4 years on average - thanks to no win, no fee!!

However, I would advise you to ask for a second solicitor (your negotiable right) and if you are really unhappy, then speak to the General Insurance Standards Council (if they are a member) or FSA (as advised above).

Your problems do sound typical (unfortunately) but shouldn't be repetitive like yours have. Speak to your insurance company and inform them that you are unhappy, or the Practice Manager of the law firm involved and advise them of the problems - they are probably unaware.

I wouldn't advise threats to the Law Society at the moment - this wouldn't help at the moment, and would upset the practice and give them even more reason to give you a headache or put you to the back of the queue - but by speaking to someone senior and gaining some sympathy, you should have matters sorted out.

I personally had a PI claim, and suffered from lack of contact, change of solicitor and finally a puny settlement. After finding out my educational and working background, my case went to a Partner, and was settled within 60 days and a letter of apology - thanks to a sympathetic Practice Manager!

[Jamboray]

Hi folks, been a while since I last posted on this subject, I wrote to the practice manager last year and small things began to happen, but ended up in the same old system, so much so that I havn't heard a single thing from my soliciter this year?
I have signed a mandate to have my file passed to a firm recommended to me from a friend. It seemed so simple and I do think I gave my old solicitor a fair chance to rectify. I'm surprised there is no cost involved though?.......would this be right?

[LittleMissSunshine]

Hi Jamboray

Sorry to hear your mess but it sounds like a near complete copy of my friends mess. He was hit from behind on the motorway, and soon after that a second accident although he was not in the car that time.

And also he was insured through AA (broker).

It seems they are a complete and utterly useless broker, so bad that my friend in the end had to drop his claim from 2004 as time run out!!!! And that was the one with personal injury! And his lawyer through AA didnt help and was changed without notifying

We are trying to sort the mess out, but completely stuck, so maybe you can update us on where you stand so it might help us in getting this sorted.

Oh and one top tip, never ever deal with the AA by phone, Only and Only by letter, preferably recorded delivery.

Best of luck
LMS

[Jamboray]

Hi, I had forgotten about this post lol

I have changed lawyers, which was pretty painless, other than the time for the paperwork to be transfered. My new lawyer had to write and fax about 6 times He now has the paperwork and has just wrote to say he has contacted the other insurers to advise etc, seems not a lot had been done and the lawyers the AA use is just a big claims centre and clients go through the system from desk to desk without much digging and fighting for the injured party.
When I informed the AA about my reasons for not renewing my policy, they were very sorry, but didn't pursue my complaint?

I'm now with Virgin, hope they are better