Anyone with the right knowledge able to advise on this? In May 2016 I was knocked off my bike, car came out of the side street trying to cross my lane whilst I was filtering. Front off the car hit my leg and side of the bike. Ended up with a broken arm, bruises and some other bits and bobs. Somehow I managed to end up calling Direct Accident Management think I was persuaded by someone at Honda obviously they were getting a few pound in their pocket as they would claim they made the referral. The bike claim was settled in about 6 weeks the injury claim is now the issue. Anyway having a absolutely piss poor assessment of my injuries I requested to be checked again, had some Physio and something else can’t remember what it’s called. The new report was done and sent and have been waiting since September for the barristers costing. Anyway, the solicitors - Armstrongs based in Liverpool, I feel have been taking the mick to say the least in terms of time it is taking to resolve this, to date I have not had the new barristers report. Every time a medical report was sent to the solicitors it either went missing or never received. I would chase PALS who were responsible for getting the medical assessments to re send the docs to solicitors. I’ve been unable to get through to the litigation team for the last month and now I’ve just had enough. All my clothing was damaged and pissed mainly because of this. It will be 2 years this May since the accident and the claim has not been put forward to the third party. Am I right in saying this is now taking the mick! Nearly 2 years and not even a final figure on the claim? What can I do to either complain or change solicitors and would that be advisable? What charges would I be hit with? What you guys recommend besides not having an accident in the first place?
I regret to say that the first mistake you made was using a claims management firm. The aying of referral fees was made illegal in 2013, however there are other ways that money can be made by these people. 3 law firms who were instructed by claims management firms have been reported in the Law Society and struck off for improper practice this week alone. I have not heard of the firm who are handling your claim so I cannot comment on how good or bad they are, but if they are accepting cases from a claims management firm, then that should give you a clue. 2 questions? Firstly, has liability been admitted by the other side? Secondly, have you fully recovered from the injuries you sustained? Until such time as you have made a full recover, no settlement should be made or a value even discussed simply because if you accept an offer but in 2, 3 10 years time you still have issues, you cannot then go back and ask for more money, especially if you have signed a full and final settlement. The general damages (value of your injuries) also has to take into account any potential long term problem or treatment that you may need. For example, if you suffer a knee injury, the prognosis may be that in 10 years time you may require a knee replacement and you are entitled to go private which costs. The chances are you will suffer arthritis which may hamper you later on or you may have to stop doing your job. These are all issues that have to be considered before a valuation can be discussed, and no doubt that even if the other side admit liability, they may try and allege some contributory negligence in order to mitigate their losses. Injury cases have what is called a statute of limitation of 3 years. What this means is that your solicitor has 3 years in which to issue proceedings against the other side to protect your position and avoid having the case struck out. (In ll other legal areas statute is 6 years wich includes damage only crashes) But, your solicitor should have kept you in the picture on an ongoing basis as to what is happening. You can change solicitors and it will not cost you anything. If you are using legal expenses insurance you were not obliged to use the claims firm or the solicitors appointed in the first place. If you wish to change, it is a simple case of you instruct the new firm, a request is made to your old firm for your file once you have signed a letter of authority, and your new firm provides an undertaking to pay the old firms reasonable costs on the successful completion and winning of your case. Your old firm cannot refuse to send the file to your new firm. The problem in your case is that 2 years down the line, any new firm is going to look at it and question whether there is anything financially left in it for them given that your case on the face of it will be a fast track case on fixed costs, so another firm is going to question whether it is financially viable to take the case on. If liability is disputed, or your injuries are more serious than you have suggested and it pushed the value of the case over the £25,000 threshold into multi track, then it may be a different issue, but on face value of what you have said?.....I doubt it. You can complain to the solicitor (or specifially a senior partner) but that does not mean they are going to improve or be any better, so you would have the option of making a formal complaint to the Solicitor Regualatory Authority (SRA) 2 years + settlement for broken bones is quite resonable. I worrty more for those who accept an offer inside 6 months as that is a claer under valuation. As a general rule of thumb, settlement times are usually around - Minor injuries - 12 - 18 months Moderate injuries such as broken bones - 18 - 36 months Catastrophic injuries such as brain injury - 5 years plus. Anything less than 12 months is a definate con and is an indication of a professional negligence case being the next step. It is very involved (although it should not be for you) but I hope that gives you a bit of help.
Many thanks for your reply your advice is much appreciated. The third party paid for the bike but apparently did not accept liability, now that confused me but according to the solicitor two years back that’s what happens in order to avoid vehicle rental and storage charges. I’m sure you know better than me if that is the case is or not. In regards to injuries, everything has healed, however still having pains in my arm muscle but not where the bone broke. That was dismissed by the consultant who checked me. I was assessed for the psychological impact as the accident all though minor in comparison to other accidents I’ve had left me with a few issues which I helped myself get over. I was offered CBT sessions which were a waste of time as I knew more than the person carrying out the therapy. So that was ended early. I’ve done everything above and beyond that offered to me to get myself back in shape. I do have some pain in my arm and leg but as I said they dismissed that as normal I would like to change solicitors so if there is anyone you can recommend it would be appreciated. As you mentioned my case may not be worth anyone’s time now but I would like to see if someone thinks it’s worth taking on. I’ve only given a brief overview of what’s happened as obviously it would take some time typing it so hope it’s given you a good enough idea of where I’m at Thanks again for your advice
Excellent and concise assistance, T.C. Naz should be well pleased. A question though, might Naz be assisted by the Financial Ombudsman Service, or at least in the first instance serve written notice upon his Liverpool solicitors of his intention to do so?
I am not here to blow my own trumpet , but I and my firm have helped quite a few members of the site when they have been involved in crashes (it is what we do) and whilst I cannot make any promises, I will be happy to give you a call on Monday, have a chat pass them up the road and see what the view is and whether it would be worth us taking on. The fact that you are still suffering pain may still be an issue worth further investigation, and the fact that you had CBT sessions suggests the possibility of a minor brain injury (which sounds more horrendous than it actually is) but woud affect the value in a positive light as far as you are concerned. If you are happy to PM me a contact number that I can call you on on Monday morning, I will be happy to have a no obligation chat and take things from there. https://www.hudgellsolicitors.co.uk/road-traffic-accidents/motorcycle-accident-compensation/ That is my dedicated page
No. Financial Ombudsman is in respect of insurance services but in any case, a complaint has to be filed with the Insurance company or broker in the first instance before it can be elevated to the Ombudsman Law Society and Solicitor Regulation Authority deal with law firms, and a complaint still has to be made directly to the senior partmer or management in the first instance so that a resolution to sort out the issue can be discussed as a a first port of call. For most though, it is just easier to sack the old firm and instruct a new one as the old firm lose financially anyway.
