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Feb 11

Posts: 144

bensewell says:

Choice of Legal Representation

Following an accident last week i was appointed the default legal representation by my insurance on a no win no fee. 

I've not been impressed so far with them so yesterday lunch i rang my insurance to say that i wanted to change my legal represenation.  They said yes this is fine and contact the company to let them know.  I rang them to do this.  Then i setup things with the other company.  Then rang the insurance to confirm that this was done.

I was then told by my insurance call centret told that I could only use the appointed solicitor as this was part of my policy. 

I said that i wasnt happy with the appointed legal representation as they asked if i had a seatbelt on at the time of impact and also asked if i had a passenger in the passenger seat...  This questioned their understand and experience of who was going to be dealing with my claim!

The bike has been taken away for an estimate for repairs / writign off.  At the end of the day as long as my bike is fixed pronto i'm not that bothered how long this legal stuff takes.  I've started keeping a diary of aches and pains for reference.

Another thing just for info everyone Devitt subcontracts out their customer service and i've had a few issues with the quality of service.

I have had damage to my motorbike kit including the helmit, trousers, gloves etc can this all be included in the claim agains the other party.

Cheers, Ben

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  • Posted 4 years ago (14 September 2011 12:24)

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Apr 06

Posts: 367

ACIC says:

Choice of Solicitor

Dear Ben

You are entitled to the solicitor of your choice. You do not have to go with the insurer appointed firm and it is simply not true that you must use the panel firm. Panel firms pay the insurance companies for injury claims and then they tend to be handled by people without legal qualifications. Panel firms are rarely chosen for expertise, rather who will pay the most for the claim. All of the kit can be claimed from the third party yes - you will receive compensation for pain, suffering and loss of amenity as well as financial losses. Kind regards, Andrew Campbell, Solicitor. MCN Legal Expert and MCN Law Columnist.

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Aug 09

Posts: 2726

MarcusMarsh says:

Legal representative

I am sure that ACIC will be along to comment on this.  I believe that you have the right to use whatever legal representative you choose.

The probelm with insurance company appointed law firms is that they are selected based on how much comission they pay to the insurance company (to 'buy' your case) rather than how good they are at representing their clients.    

[This Reply has been modified by the Author]

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Feb 11

Posts: 144

bensewell says:


Excellent thanks for the update.

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Sep 11

Posts: 3

SteQ says:

Legal Representation

Hi Bensewell

Your problem is not rare unfortunatly, the problem with the insurance companies is that they are all selling work to their own solicitors the problem then with the solicitors is that they are getting too well looked after by the insuance gang. another problem is that they insurances are mostly underwritten by the same underwriters. and therefore it is in their interest to keep claims small to keep profits high. if you add to this the fact that they all have a keen interest in claims going split liability because it puts both drivers off, this 50 50 stuff was invented to reduce claims all round and therefore helps no end for insuance pay outs 90 + people who have a 50 50 liability claim wont claim for PI because they think that it will effedct their no claims so therefore they feel if I can live with it or pay to have it fixed cheap enough by a freind or cheap garage they will do as appose to go through their own insurance. QUITE clever by the Insurance companies. anyway what I did was went with a small firm in liverpool that specialise in Bike Accidents, quite an old fashioned firm great customer care no feeling like a number, but excellent with liability issues, and I got 8k more than the offer that the Insurance firms solicitors got me I couldn't believe it. they took over my case when I talked them through it due to the nature of it and couldn't believe what I was being offered else where. they are on the following number 08444149861 ask for Vicky she was great.

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