I had an accident 6 months ago which was not my fault. I broke 6 ribs, had a punctured lung and broke my right wrist. My insurer appointed me a solicitor without asking me and they don’t seem to be getting anywhere. I have tried to complain but my calls and e-mails go unanswered. I am fed up and want to see some progress. I want a lawyer who cares and who will have the courtesy to respond to my messages. I am also massively out of pocket because I had to buy a new bike and could not work for 4 months. Can I change solicitors?

Your lawyers are supposed to be making your life easier not causing additional stress. It is your claim and your life and you are entitled to have the solicitor of your choice.

Solicitors instructed by insurance companies will not tell you this but you really are free to instruct your choice of lawyer to act for you. If the case is worth pursuing (which it would be if the appointed firm has agreed to act) then a good lawyer will happily act on a no-win, no-fee basis. 

A recent case (called Eschig) has made it more difficult for insurance companies to try and restrict people from instructing their own choice of solicitor. Firms appointed by insurers pay those insurers many hundreds of pounds for each claim that they are referred so the insurer loses out if someone instructs their own lawyer.

Likewise the “panel” firms are often not willing to relay the true position to clients who want their own choice of representation as they usually have to pay for the claim upfront even if the client goes elsewhere. It is therefore financial considerations that lead to clients being misled about their rights.

It is not acceptable for your solicitors to not return your calls or e-mails and you should be involved in the claims process. I recommend that you change solicitors which is free to do despite what your lawyers may say.