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Unsolicited call regarding accident claim in January


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Hi All,

 

I had was involved in a RTA back in January; happy to say not serious and not my fault.

 

 

Third Party admitted liability, so I made a direct claim to their insurers, who promptly arranged for repairs to my car, arranged a hire car, and paid out a sum to my passenger in injury compensation. I didn’t make a personal injury claim at the time as I didn’t experience any effects that I could attribute to the accident.

 

However just about a week later I did experience a stiff neck and shoulder pain, also pain down my arm, I knew that it must’ve been as a direct result of the accident, but I was under the impression that I would be out of time to make a claim, so I put it down to experience and forgot all about it.

 

I had a call recently from an accident claims specialist who said that the insurers put aside an amount for injury compensation, I did explain that I thought it would be too late, however the guy was very persistent, so I agreed to make a claim through them.

 

I was passed on to their legal team who took details. I then got this letter from them via email, however something appears to be “Not Quite Right” :-

 

Dear Mr Murphy

 

Re Your Accident on 29th January 2015

 

Please note as requested, we have arranged After the Event legal expenses insurance to cover you throughout this case. On the information currently available to us, we believe, that a contract of insurance with AmTrust Europe Legal is appropriate to cover your opponent’s charges and your own disbursements in case you lose.

 

What this means is that if your claim is unsuccessful, the insurance then takes effect to protect you, as previously discussed the premium amount is deferred and costs £350.00 which is payable by you upon conclusion of your claim as it is no longer recoverable from your opponent since the government changed the rules with effect from 1st April 2013.

If you lose the premium is still not payable. Full details are contained in the insurance policy documents.

 

It is generally this type of cover which we recommend; we do not have any financial interest in recommending to you AmTrust Europe Legal.

 

We only select from a limited number of insurers for After the Event legal expense insurance contracts but we are not contractually obliged to conduct our business in this way. You can ask us for a list of the insurers that we use.

 

 

Yours Faithfully

 

 

Shall I tell them to go do one, or do think it’s OK

Thank for your help

Ken

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http://www.adviceguide.org.uk/england/law_e/law_legal_system_e/law_personal_injury_e/personal_injuries.htm

 

Time limits

 

There are different time limits within which you must begin legal action in a personal injury claim. You should therefore get legal advice urgently if you wish to claim compensation.

The most common claim in a personal injury case is negligence and the time limit for this is three years. This means that court proceedings must be issued within three years of you first being aware that you have suffered an injury.

 

 

Also there is an extension if the injured party is under 18.

You have plenty of time so you can make an informed decision as to whether to progress and who to progress with.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Wow, quick reply, thank you so much, I think I'm being pressured into using these people, I'm thinking maybe a letter to the third party's insurers may be a better option, they seemed to want move things on quickly without fuss

 

Kind regards

 

Ken

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Wouldn't touch this outfit with a barge pole!

 

Tell them to do one else you'll report them to the https://www.gov.uk/complain-about-claims-company parasites!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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usual rubbish you get via twitter, email, messages on mobiles.

 

 

ignore!!

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Your not out of time, its 3 years from the accident or 3 years from when you noticed the injury.

 

OK, this happened to my husband, but they took the case on a no win no fee basis. He received compensation with no cost to himself at all.

 

As far as the insurance is concerned, this is not required unless the defendant denies liability and you go to court. Any reputable firm would only sign you up for AEI if it reached the court stage.

 

Go back to the defs insurers and tell them you want to claim for pi. Did your own insurer deal with this? They should have done?

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I did try to deal through my insurers, however they wanted me to pay the excess and then claim it back from the third party; on advice I approached the third paty insurers who handled the claim very quicky, all done and dusted within 3 weeks

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Your not out of time, its 3 years from the accident or 3 years from when you noticed the injury.

 

OK, this happened to my husband, but they took the case on a no win no fee basis. He received compensation with no cost to himself at all.

 

As far as the insurance is concerned, this is not required unless the defendant denies liability and you go to court. Any reputable firm would only sign you up for AEI if it reached the court stage.

 

Go back to the defs insurers and tell them you want to claim for pi. Did your own insurer deal with this? They should have done?

 

I'm sorry but that's nonsense, a reputable firm would not wait until then as ATE cover will be dearer and more difficult to obtain.

 

When did your husband make a claim, as it must have been pre April 2013 as the rules have now changed so Claimant's have to pay a contribution towards their own legal fees and ATE insurance.

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Wouldn't touch this outfit with a barge pole!

 

Tell them to do one else you'll report them to the https://www.gov.uk/complain-about-claims-company parasites!

 

I hate getting calls from these types of people too, but report them on what grounds?

 

There's nothing wrong or dodgy about requiring an ATE insurance policy.

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I think the OP has got the answer they came for now?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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No need to be sorry, everyone's entitled to there own opinion. The contribution your talking about with regards making a contribution towards legal fees relates to the success fee part of a no win no fee agreement.

 

As for ATE, it is not always necessary and iv worked for a reputable law firm.

 

I'm sorry but that's nonsense, a reputable firm would not wait until then as ATE cover will be dearer and more difficult to obtain.

 

When did your husband make a claim, as it must have been pre April 2013 as the rules have now changed so Claimant's have to pay a contribution towards their own legal fees and ATE insurance.

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Forgot to add, although the rules have changed, its not all bad, if you have a CFA and win, the otherside pays your legal fees and disbursements , except the success fees which comes out of your compensation, but this is capped at 25%. You would have to pay for the ATE however as this is no longer recoverable. If you lose, you dont pay your own or your opponents fees and in many cases, you don't pay the insurance either.

 

Yes, the longer you leave it, the more expensive the insurance is. But why would you sign someone up for an ATE automatically? A reputable firm would wait to see if the other side accepts liability. If liability is accepted, ATE is not necessary.

 

 

No need to be sorry, everyone's entitled to there own opinion. The contribution your talking about with regards making a contribution towards legal fees relates to the success fee part of a no win no fee agreement.

 

As for ATE, it is not always necessary and iv worked for a reputable law firm.

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I appreciate you trying to teach me to suck eggs, but I would argue irrespective of liability it would not be good practice to leave the client exposed to having to pay disbursements or adverse Part 36 costs etc.

 

QOCS doesn't apply in all circumstances.

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If you claimed for your partners injury and your vehicle damage directly from the other Insurers, why don't you claim directly from them for the injury. There will be no deduction from your compensation for solicitors costs etc etc.

 

In theory they should give you the same as you would receive if you used a solicitor, some people report slightly lower payouts but this will be outweighed by the savings you're making.

 

The other Insurers will bite your arm off if you go direct to them as it will save them a considerable amount of money and admin in dealing with a solicitor

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