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rune

Personal injury claim and debt with same company - can they retain compensaton?

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Hi,

 

My 9yo son was injured on holiday and my travel insurer wants to use a solicitor for the personal injury claim that happens to be part of a group which also collects debt and I have had some dealings with. Can anybody tell me, if this solicitor secures compensation for my son's injury, if the company can then retain it against my debts?

 

Many thanks in advance!

 

rune

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I think it would be highly improper. Whoever the alleged creditor is, they are completely separate to the travel insurer and to you. I'm sure there is absolutely no crossover whatsoever – and if the creditor did get to find out about any insurance payment, it would be extremely serious and it would be the basis for a professional complaint


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Hi BankFodder,

 

That was what I thought to, but always best to get another opinion. I am concerned that the same solicitor's firm might at some stage seek a CCJ against me. It's one of these big groups that does all sorts of debt and legal work. I'd rather us my local solicitor whom I have used before but the insurer wants to use their own solicitor. Now I had to decide whether I'm better off using the insurers solicitor or the reputable company down the road who are about 10 mins walk from my house!

 

Thanks

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Is the solicitor the travel insurer wants to use already engaged in work against you?.

If so, then they shouldn't accept your case from the travel insurer unless they can establish that there won't be a 'client conflict' (so, if it were a small form they wouldn't be able to act for or against an individual while already acting in the opposite capacity, or even in the same role if a conflict of interest could arise).

(Also, bear in mind that the solicitor's client may not actually be you, but the insurer, depending on their terms of instruction.....)

 

https://www.sra.org.uk/solicitors/handbook/code/part2/rule3/content.page

 

For a large firm, with very different 'arms' of the firm operating (and even different offices), if they can provide adequate safeguards against a client conflict, then they can act for both ; it'd be as if there were 2 different fiirms acting, each unable to access the case info of the other.

 

The problem with not going with the solicitor of your insurer's choosing is that that may be one of the conditions of cover under their policy.

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Also, any payment received in this claim would be your son's money not yours.

 

So I'm not sure the debt collectors could just take it, as I think it would usually be paid into Court to be held until your son turns 18...

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Also, any payment received in this claim would be your son's money not yours.

 

So I'm not sure the debt collectors could just take it, as I think it would usually be paid into Court to be held until your son turns 18...

 

 

Correct.

 

They can't touch the son's money for the mum's debt.

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