Solicitor negligence on my car insurance claim

[AL21UK]

Dear all,

 

I was involved in a car insurance claim and had been told to discontinue my claim by the solicitor. From the letter solicitor sent me, I found few points of my solicitor's statement are wrong. For example, (1) they claimed I did not go to GP but I went, I took the Gp record and sent to solicitor,(2) the specialist who examined me recommended physiotherapy for me but the solicitor did not follow and did not refer me to physiotherapy, and the other party picked on this (3) car repair invoice is £700 but they put £850, although I had 2 quotations I went for the cheaper one which include parts (expensive quotation includes no part). The Solicitor by mistake claims for the higher quote not the cheaper as I sent the invoice to him.The other party is now picking on it. the solicitor do not admit they had made mistake. They just said the other party picking on why one quote has part and one no part. my argument is that I dont know why one use parts and one did not require, my decision was I had to repair as cheap as possible.

 

All these false statement effects my claim and now the other side claiming this is fraud.

 

The solicitor had told me I have less than 50% chance of winning and it's better to drop the case. They required me to give them a quick decision.

 

The court hearing date is soon and I am not in a good position. I want to complaint about them before the hearing day.

 

Can I complaint negligent on the solicitors? What is the best way forward for me?

[unclebulgaria67]

Dear all,

 

I was involved in a car insurance claim and had been told to discontinue my claim by the solicitor. From the letter solicitor sent me, I found few points of my solicitor's statement are wrong. For example, (1) they claimed I did not go to GP but I went, I took the Gp record and sent to solicitor,(2) the specialist who examined me recommended physiotherapy for me but the solicitor did not follow and did not refer me to physiotherapy, and the other party picked on this (3) car repair invoice is £700 but they put £850, although I had 2 quotations I went for the cheaper one which include parts (expensive quotation includes no part). The Solicitor by mistake claims for the higher quote not the cheaper as I sent the invoice to him.The other party is now picking on it. the solicitor do not admit they had made mistake. They just said the other party picking on why one quote has part and one no part. my argument is that I dont know why one use parts and one did not require, my decision was I had to repair as cheap as possible.

 

All these false statement effects my claim and now the other side claiming this is fraud.

 

The solicitor had told me I have less than 50% chance of winning and it's better to drop the case. They required me to give them a quick decision.

 

The court hearing date is soon and I am not in a good position. I want to complaint about them before the hearing day.

 

Can I complaint negligent on the solicitors? What is the best way forward for me?

 

You don't need a Solicitor. You can represent yourself by getting all of the information together for your claim and submitting it with a note of explanation to the third party. In the note of explanation, you can answer all points made and invite them to ask you any questions which they need more information about. Advise them that the person previously representing you appears to have provided information which was incorrect.

 

As for the Solicitor representing you, are they really a Solicitor or just someone who administers accident claims ? You need to make a formal complaint about their services and advise that you will now deal with the third party directly. If you have signed any agreement with these accident Solicitors, you will need to be careful, as they may request fees for their services. You must ensure that you enter into a formal complaint with them and detail the mistakes they have made, which you believe break the contract entered into. i.e the services they promised failed to be delivered to the standards expected.

[unclebulgaria67]

Is this accident claim disputed by the third party or have they admitted the accident was their fault ?.

 

Can you advise more about the accident and what injury claims are being made ? Is it just you that was injured ? Is the third party also trying to claim against you ?

[Ganymede]

It doesn't look great on your solicitors firm on the face face of it.

 

When you went to see the medical expert did you telling him/her you had attended your GP after the accident? Why didn't you pick up on this mistake back before the medical report was disclosed to the other side?

 

Who obtained the two quotes? It does seem odd that they are different. Either the part needs replacing or not.

 

As for physiotherapy, were you still suffering from pain at the time of your medical appointment? How ababout now?

 

There are some minor inconsistencies but from the limited information nowhere near enough to prove fraud.

 

There's more to this story I think. Can you tell us more about the accident and position on liability etc?

[AL21UK]

The other party said they touched my bumper only. Also disputing the point I mentioned on my first post.

This is how accident happened and how the other side tried to rewrite the event:

I was in stationary behind traffic light when the other side hit my car from behind and made a run. Luckily I stopped him on the red traffic light then I called the police, police did not attend and just gave crime reference number. it was a pedestrian who gave his details at the time as a witness but now he doesn't want to get involved.

I had injured my neck and lower back and I was the only person in the car,

they are not claiming against me. They said if I discontinue the case, they will also drop it. But they said if I carry on, they do indemnity and want their cost, and saying this is fraud.

 

Now the other side is claiming the accident is minor and not as I claimed to be. He says I should not even felt the accident and he was the one checking whether I was OK he just touched my bumper,

[Ganymede]

Thanks.

 

Low velocity accidents are common and it's a common Defence for the other side to take. Has the other side been arguing this from the start?

 

When is your Court hearing?

[AL21UK]

Thanks for all reply,

yes when I went to see the medical expert I told him I went to walk-in clinic following day of my accident.

I did not notice as I was sure I attended walk in clinic for my accident.

I did obtain the 2 quotes, I had to get 2 quotes and go with the cheaper quote.

I still have pain from time to time.

yes they arguing from start

court hearing is in 9 days

 

my argument is the solicitor is the one who is expert and should not make such mistakes and should have picked on this before send the claim.

[unclebulgaria67]

Is this Solicitor a no win no fee accident claim company that you contacted or did your Insurers arrange this for you ?

 

Do your Insurers actually know about this accident or are you just claiming directly against the third party ?

 

Do you have copies of all the paperwork for your claim, including the medical expert report and a note from the walk-in clinic you attended ? If not, you should get hold of copies. Be ready to represent yourself, if needed.

[unclebulgaria67]

If this court claim is in 9 days and there is not enough time for you to prepare or get a new Solicitor involved, you could see if the other party and the court will allow the hearing to be postponed until another date.