should I go to court

#1 2011-07-15 12:33:00
invisibletears

Guest

should I go to court

Hi,
Couple of months back I was involved in an accident where the car from behind hit my car, somehow I ended up with no-win-no-fee lawyers but since the day I asked them to represent me they hardly communicate with me or inform me what is going on and now

I have got a letter from them saying that the third party is saying the accident was induced by me and therefore court proceedings is required now I am reluctant to go to court reasons being:
i. I have never dealt with court so do not know how or what to do.
ii. I do not trust my firm as from the day one they have kept me in dark

kindly reply to this post as soon as possible and if there is anything else I could do or if simply I could just opt out of this mess and forget I was ever involved in an accident

kind regards

#2 2011-07-15 16:03:57
Tony Carter

Member

Registered:

2011-04-02

Posts: 71

Firstly, if you were rear ended, then liability against the other driver is absolute and it is for them to prove that the rear ending was your fault and this is unlikely as the standard argument is that the driver who hit you was travelling too close and maybe too fast, and was therefore incapable of stopping within the distance he could see to be clear.

You are perfectly entilted to sack your current solicitors and instruct someone else.  All that happens is that the new firm will give an undertaking to your old lot that they will pay their reasonable costs at the completion of the case.

The trouble is, this far down the line, a new firm may be reluctant as there will not be a lot in it for them, but it would pay to shop around.

Good communication is often the main issue with solicitors.  They should communicate with you on a regular basis, even if it is only to let you know that not a lot has happened, but I do hear this complaint probably more than any other.

As far as going to court is concerned, don't let it worry you.  You are not an expert, but simply a witness telling the court what you saw and heard, and if you are telling the truth (which should be a given) then there is nothing to fear.

If you were to opt out now and not go any further, because you are on a no win no fee, you could end up with a bill as you are not given the current solicitors (regardless of how bad they are) the opportunity to recover their costs, and this is one of the circumstances where under a conditional fee agreement you could be asked to pay something towards their costs.  So it would be unwise to pull out now I would suggest.

Speak to another law firm and get some independent advice.

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#3 2011-07-15 19:11:22
Accident-Team

New member

Registered:

2011-07-15

Posts: 9

It sounds like you need to call your solicitors and have it out with them they should always keep you in the loop

The insurance company should also do a check on you and your address and this will tell them how may claims you have made in the past. If you have made many claims then that is were this may be coming from.

The insurance companies have a list of Solicitors that have been put on a to watch list and if this is the case you my be advised to change.

The Insurance company has to prove the fact that you have induced the accident and not for you to prove your innocence.

Final if you do not trust your Solicitor then you must change them. You have to trust your own legal team

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#4 2011-07-16 22:42:45
invisibletears

Guest

Thank you to Accident-Team and Tony Carter, for the prompt reply to my question and I really appreciate your answers, on monday I will speak to other law firms and see how it goes from there.

And also wanted to confirm two things more if you could help me with it.
i. If I back out is it possible for a 3rd party to send me a bill as well ? [the reason for backing out is simple as my car was not worth more than 700-800 pounds so its not worth risking that much]
ii. with my current firm they send me a copy of contract asking me to sign it and return it which I never did, will it help me in any way or not [I did agree on phone though but not sure whether it is recorded or not]

Thanks once again

#5 2011-07-17 15:06:34
Tony Carter

Member

Registered:

2011-04-02

Posts: 71

invisibletears wrote:

Thank you to Accident-Team and Tony Carter, for the prompt reply to my question and I really appreciate your answers, on monday I will speak to other law firms and see how it goes from there.

And also wanted to confirm two things more if you could help me with it.
i. If I back out is it possible for a 3rd party to send me a bill as well ? [the reason for backing out is simple as my car was not worth more than 700-800 pounds so its not worth risking that much]
ii. with my current firm they send me a copy of contract asking me to sign it and return it which I never did, will it help me in any way or not [I did agree on phone though but not sure whether it is recorded or not]

Thanks once again

Is your case funded under a no win no fee agreement or a legal expenses policy?

If you were to pull out, it is unlikely that you would get a bill from the third party unless they have made a counter claim against you, as they will see the pot of money they reserved as still being intact.

But I would suspect if you are on a no win no fee agreement you would get a bill from your current solicitors for the reasons I pointed out previously, and depending on how much work they have done and how much they have spent in disbursments, it could be quite a substantial bill

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#6 2012-03-29 11:00:15
NoWinNoFee

Member

Registered:

2011-10-25

Posts: 27

I suggest you get the advice of an experienced personal injury solicitor. Many off a free consultation to discuss your claim.

Free Guide to No Win No Fee Accident Claims, Injury Claims and Top Solicitor Reviews.

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