Hi,

I've never been involved in a car accident before so I would be grateful for any advice anyone can offer as to generally what happens in the process of sorting it out.

The accident happened last week, I believe it was not my fault as the other driver hit me from behind whilst I was stationary waiting to turn right. Although he did not put his hands up and say it was his fault, he did call me the next day to ask how I was and apologised for what happened. He is saying that another car between us left it very late to move around me, thus leaving him no reaction time. This car allegedly drove off and was untraceable. I was injured in the accident (whiplash and torn back muscles) and was cut out of the car by the Fire Service and taken to hospital. There were 2 independent witnesses, 1 who gave his details to me and 1 who gave his details to the other driver.

I am insured with More Than, fully comprehensive, protected no claims with legal cover. The problem I am now having is with how they are dealing with it. I called them to discuss the accident and they said they would sort it out for me. I really struggled to communicate with the lady in the Indian call centre and was left somewhat nervous that she did not take sufficient details. (She didn't even ask for details of my injuries or the independent witness until I called back and offered them!).

The lady at More Than said to me on the phone that the other driver was showing as uninsured on the Motor Insurance Database. I called him and he confirmed that it was a company car and as they had recently changed insurer, he was on a cover note. He gave me the name and contact details of his insurance company and the policy number. I relayed these to More Than but they will still not accept he is insured and consequently will not give me a hire car (not that I need one at the moment as I still can't move! But I will need one soon I imagine.)

I have since been contacted by a Solicitor instructed by More Than, who took details of my injuries and said they will take on the case.

My questions basically revolve around 'what happens next?' I can't seem to get More Than to explain what happens.

Is it likely that the accident will go against me, as he is showing uninsured on the database? More Than said they will carry out a DVLA keeper search to see who owns the vehicle and take it from there, but I have already given them all these details, including the policy number of his insurance!

Am I able to claim for things that I have lost out on as a result of the accident? For example, I was due to do some overtime at the weekend but was unable to take part so lost money. Who will try to claim this for me? More Than or the Solicitor?

The other problem I have is that my medical records will be in a different address to my insurance policy as I am staying with a friend whilst I am injured and have registered with the local doctor there. Is this likely to cause any issues?

Does anyone have any experience of More Than handling none fault claims? If so, how long is it likely to take?

I've read posts on the forums about people bypassing their insurance and claiming directly from the 3rd party's insurance, thus doing all the leg work themselves. Does anyone advise that this might be a better option for me?

Any help would be greatly appreciated!

Sorry to hear about your accident and I hope you recover soon.

DO NOT allow your insurance company solicitors to deal with this, they have other interests rather than your own.

Go and find yourself a solicitor (you need one) they will take you on on a no win no fee without any difficulty.

I run a claims management company and thought I cannot help you directlyI would suggest that you approach one of the bigger solicitors to pursue your case.

Unless you know someone who has experience of a CMC, then I would sugges that you avoid them and go direct to the solicitor.

If you need any help or advice regarding the Conditional Fee Agreement then ask in forum and I can help you.

Do not go to a backstreet solicitor, again unless they are recommended by someone, many of these solicitors claim they are "expert in PI" and I know from bitter experience that is not the case.

Thanks for your advice Flying Doc. I have just spoken to More Than and they have advised that they have instructed Lyons Davidson Solicitors. Has anyone any experience of them? I've googled them and they seem to be quite a large company with no negative reviews so far. If they're a good company, I am happy to stay with them, I just want it all resolving swiftly and for me not to be out of pocket!

However, the latest tale in the saga...

The More Than overseas call centre said that they have written to the other driver's insurance and they have written back to say they do not insure that vehicle. So I called the guy's insurance company direct and they said it is utter rubbish, they've received no correspondence from More Than, they do insure that car and have received details of the claim from the driver! However, the woman at his insurance company said that on the basis of the details given by the driver, they will be disputing liability!

Does anyone know if it is common place for an insurer to say that in every case just to put the other party off? I was stationary and he drove straight into the back of me, how can they possibly dispute liability?!

Does anyone have any experience of a claim being settled other than 100% in favour of the vehicle that was hit from behind? I'm just trying to think what they could possibly argue I did wrong!

All RTA's are being investigated due to the high incidence of fraudulent claims so dont be too worried about that.

The reason that I usually say dont go with the insurance solicitor is that there are about half a dozen insurance companies in total (by the time you see who owns who) and often solicitors get a lot their work from insurance companies - so they have half an eye on keeping their workflow up and not upsetting the insurance company too much. ergo YOUR best interest is not always THEIR best interest.

I have no experience of the company you mention but I would always advocate an independant.

Just to say about Lyons Davidson, yes they are very big and seem to be recommended by a number of insurance companies.

I think you would be best to drop Lyons Davidson and start looking for a decent solicitor who specialises in personal injury. Certainly a solicitor that is small enough to care about you as a person, not just another 'file on the desk'

I say this because I have a friend who was involved in a car accident and has been unable to walk without the aid of a stick ever since. Like yourself the accident wasn't his fault, in his case a driver jumped a red light and hit him side on. Sure enough his insurance company recommended Lyons Davidson and of course probably like most people he went with it. Your comment "I just want it all resolving swiftly and for me not to be out of pocket!" probably rings true for most people, the reality of it is of course that injury claims take time, and Lyons Davidson are probably slower than others due to the volume of work they must have, with all the insurance company referals they get!

However to cut a long story short it has been 3 years since my friends accident and it has been an uphill stuggle for him all they way, Lyons Davidson were slow at doing anything, didn't return his calls etc.. so much so in the end he got rid of them and appointed a new solicitor, who so far has been much more pro-active about getting things done.

Just for reference:

You will find many mentions of Lyons Davidson in this thread Locked in Car Park.

As the thread is now 100 pages long and growing I've linked straight through to one of many juicy bits.

In summary Lyons Davidsons have been representing the college insurers (Royal and Sun Alliance) to recllaim circa £5,000 from a student for a new car park barrier. They've had the case for three years now and have bizarrely presented costs in excess of £10,500 in a small claims case.:eek:

They have rested their clients case on a simple police caution which was never issued.:eek:

They have withdrawn all evidence of any damage being caused to the barrier when the provenance of this evidence was contested by the defendant.

In November 2009 the final hearing will be held.

Prior to the final hearing there is an applications hearing during which the Court will hear Lyons Davidsons explanation as to why a caution that never existed should be admissible evidence.

The Court is also addressing the issues surrounding some of the witness statements and evidence supplied by the claimant and Lyons Davidson under a number of complaints raised by the defendant under CPR 31,23 and 32.14.

If they get through this then they have to face a hearing with no evidence which rests upon a caution that does not exist.

After having the case for three years Lyons Davidson then appointed private detectives to snoop on the defendant.

If by some miracle they win then the claimant will receive £4,500 and a £10,500 bill for costs.

If as expected they lose and the case is deemed malicious /vexatious then the claimant will face a counterclaim for damages of circa £10,000 plus a £10,500 legal bill.

The true claimant is actually Royal and Sun Alliance but they are using Plymouth college of Art as a stooge in this subrogated claim.

Any advice given to use a different firm of solicitors ideally an independent proactive local firm is good advice. Having worked in great detail in the 'locked in car park' case I have seen many examples of poor work from the solicitors involved, and would wholeheartedly recommend that anyone who is offered the services of Lyons Davidson by their insurers does not use them.

The only winner in the locked in car park case will be Lyons Davidson who if they don't get their fees from the defendant will eventually claim them off the plaintiff. Had they progressed the case as one might expect from a large firm of solicitors then of course their costs would have been much, much lower.

Hi,

This case is a perect example of 'not knowing how good or bad your insurance comapny is until you need them!' No doubt you will remember this when you re-new! Alawys steer clear of companies which use non-UK call centres!

Dont worry about them disputing liabilty because you have witnesses and the way you desribed the accident, you were certainly not at fault so that angle should be covered.

As you were injured the police were obviously involved so any 'non-insured' issues could have been quickly dealt with by them so I am a little surprised you did'nt go down that route which would have saved you a lot of leg work.

My suggestion is for you to write a letter to the third party driver stating that as you consider him to be laible for the accident, unless he settles ALL your un-insured losses of (total amount including your medical side; loss of earnings, stess ect) in full within 28 days, you will make a claim in the county court without further reference to him. End the letter by saying 'I would strongly advise you to forward a copy of this letter to your insurers without delay'.

Send by recorded delivery and keep a copy then wait for the cheque to arrive.

Sorry to hear about your accident and I hope you recover soon.

 

DO NOT allow your insurance company solicitors to deal with this, they have other interests rather than your own.

 

Go and find yourself a solicitor (you need one) they will take you on on a no win no fee without any difficulty.

 

I run a claims management company and thought I cannot help you directlyI would suggest that you approach one of the bigger solicitors to pursue your case.

 

Unless you know someone who has experience of a CMC, then I would sugges that you avoid them and go direct to the solicitor.

 

If you need any help or advice regarding the Conditional Fee Agreement then ask in forum and I can help you.

 

Do not go to a backstreet solicitor, again unless they are recommended by someone, many of these solicitors claim they are "expert in PI" and I know from bitter experience that is not the case.

Hello All,

Firstly I would like to make a comment on the advice on not using your own insurance’s solicitor.

1) If you have LEI (Legal Expense Insurance) under your policy. This basically means you have purchased, as an additional costs of this service with your insurance. So if you are making a claim for personal injuries or financial loss, your legal costs and expenses would be cover by your insurance provided the info you have given to be true.

An LEI is a contact basically between the solicitor and your insurance, which a referral fee may be paid. HOWEVER the law firm act on YOUR interest is just that under the solicitor rule of conduct they have to make the client aware of the pre-existing agreement they have with the insurance.

Yet, regardless whether you win or lose YOUR insurance would cover your costs again provided you co-operate and the info to be correct and true.

2) If you go as a CFA (Conditional fee agreement or " No win No fee") the contact is between you and the solicitor. Yes, you do not have to pay anything if you win as the costs would be recovered from the other side. However if you lose, most law firm would take out an ATE ( After the event) insurance to cover your costs and expenses. As I have mentioned, the contract is between you and the law firm. Hence the letter you may receive would state “you will hold liable for the costs...."

However you don’t need to worry! You won’t need to pay the costs even though the letter is worded this way. Like I had mentioned the ATE would cover the costs for you again providing the info given was correct and true and that you co-operate throughout the proceedings.

The reason for the letters to be worded "you will be liable...." because this is your claim against the other driver. A solicitor's fee is count as an unsecure financial loss. In order for any law firm to claim the money back for their fee from the other side insurance they would need to show as a result of the accident, their client has suffered a loss (legal fee).

You would need to be aware that some law firm does not take out an ATE insurance as it costs them money to pay this upfront before carrying out your claim. In fact if they offer you vouchers or straight upfront compensation payment. They are in fact making a loss. This is a risk if you go with a firm which is acting for you as a CFA without an ATE.

At the end of the day you have a freedom of choice on whoever law firm you wish to go with so regardless you have an LEI or CFA. If you feel your law firm is not acting the way they are meant to following the SRA (solicitor regulatory authority) protocol you are allow to stop your claim. If you go with another law firm to continue with your claim then all you have to do to ask them to transfer your file across, so whatever costs you have occurred would be able to be added on to your claim.

I have been working in the road traffic accident field for at least 5 years. I understand when you had an accident you have a lot of stress, especially if could not use your car for work. I really hope this information had helped.

Hello All,

 

Firstly I would like to make a comment on the advice on not using your own insurance’s solicitor.

 

1) If you have LEI (Legal Expense Insurance) under your policy. This basically means you have purchased, as an additional costs of this service with your insurance. So if you are making a claim for personal injuries or financial loss, your legal costs and expenses would be cover by your insurance provided the info you have given to be true.

 

An LEI is a contact basically between the solicitor and your insurance, which a referral fee may be paid. HOWEVER the law firm act on YOUR interest is just that under the solicitor rule of conduct they have to make the client aware of the pre-existing agreement they have with the insurance.

Yet, regardless whether you win or lose YOUR insurance would cover your costs again provided you co-operate and the info to be correct and true.

 

2) If you go as a CFA (Conditional fee agreement or " No win No fee") the contact is between you and the solicitor. Yes, you do not have to pay anything if you win as the costs would be recovered from the other side. However if you lose, most law firm would take out an ATE ( After the event) insurance to cover your costs and expenses. As I have mentioned, the contract is between you and the law firm. Hence the letter you may receive would state “you will hold liable for the costs...."

 

However you don’t need to worry! You won’t need to pay the costs even though the letter is worded this way. Like I had mentioned the ATE would cover the costs for you again providing the info given was correct and true and that you co-operate throughout the proceedings.

 

The reason for the letters to be worded "you will be liable...." because this is your claim against the other driver. A solicitor's fee is count as an unsecure financial loss. In order for any law firm to claim the money back for their fee from the other side insurance they would need to show as a result of the accident, their client has suffered a loss (legal fee).

 

You would need to be aware that some law firm does not take out an ATE insurance as it costs them money to pay this upfront before carrying out your claim. In fact if they offer you vouchers or straight upfront compensation payment. They are in fact making a loss. This is a risk if you go with a firm which is acting for you as a CFA without an ATE.

At the end of the day you have a freedom of choice on whoever law firm you wish to go with so regardless you have an LEI or CFA. If you feel your law firm is not acting the way they are meant to following the SRA (solicitor regulatory authority) protocol you are allow to stop your claim. If you go with another law firm to continue with your claim then all you have to do to ask them to transfer your file across, so whatever costs you have occurred would be able to be added on to your claim.

I have been working in the road traffic accident field for at least 5 years. I understand when you had an accident you have a lot of stress, especially if could not use your car for work. I really hope this information had helped.

Stumbled across this post! Wanted to say thank you for this adv... decided to use the referred solicitors and as I now have a better understanding of what those terms mean - it has been helpful. Thank you.