Accident injury claims query

[Malc]

Not a legal question as such but have you any advice?

My wife hurt her neck earlier in the year when we were hit (rear end) by another car when we stopped at a pedestrian crossing. Car left the scene without giving details even though I indicated for her to turn the corner but dashcam front and rear caught her. 

We have had forms to fill in etc but they sent out a large document that rambles on about legal expenses and legal expenses insurance and we have to send car, house and credit card documents to them. 

I found it hard to understand what they meant and as they charge £450/hr I worry that we will be out of pocket after we have won the case, and I am sure we will, if we lose it is no win no fee.

Have you ever had a similar, how did it go, any advice? 

Many thanks in advance!

[MegaByte]

Won't your car insurance take care of it?

[Malc]

1 hour ago, MegaByte said:

Won't your car insurance take care of it?

No, sent to a legal firm after the car was fixed and even then we had to instigate it. 

[suzook12]

That's what the additional £25 uninsured loss recovery is for or whatever it is these days.

If you know who the other driver is and who their insurance company are, you can claim directly. If you are a trade union member, they can help too.

[Andy135]

1. Try to go through your insurance company first because this sounds like  a personal injury claim as part of the original incident - assuming you have personal injury cover under your policy.

2. If you choose to continue with the law firm you've instructed you need to read their terms closely. Make sure that they can only charge you a percentage of whatever you win from the other side. This is typical in no win-no fee engagements - they take a portion of your damages but crucially you're not expected to fund their costs above and beyond the total value of the damages recovered from the other party.

The idea is that their costs come out of your winnings, so to speak, and they will (should) be keeping a close eye on their costs versus the likely payout they can claim against. Ideally I'd be looking for them to agree a percentage of payout rather than a fixed fee or "per hour" cost (which could exceed any payment you win from the other party).

If they won't agree to cover their costs out of the likely payment from the other party then that may be an indication that they feel the chances of winning are slim but not zero, so they may be trying to cover their bases by saying "no win-no fee... but if we burn through more 'per hour' costs winning for you than the payout will cover then we want you to cover the shortfall". If this is the case then I, personally, would find a different firm to work with.

[Speaking as a trained, but not practicing, solicitor.]

[Malc]

Cheers @Andy135 they are capped at 25% . I read the bumph but it seemed like a pro forma they send to everyone as it covers everything from NW-NF to warning that if we lose their rates are £450/hr which is frightening! 

I don't believe for a second we could lose as we were hit in the rear when stationary at a ped x-ing and we have front and rear cameras and I didn't sling the anchors out it was gradual braking. 

I have done some reading and apparently some law firms pay up to £800 to insurance companies for clients! Also we are probably going to get an offer from the other insurers instead of going into litigation if the internet is correct. 

[Geoff]

Good luck Malc - fingers x'd, but sounds very +ve. Geoff.