Can I choose my own lawyer?

I have legal expenses insurance attached to my insurance policy, but after checking the small print in the run up to renewal I noticed that the cover restricts me to using solicitors chosen by the insurance company.

Like any insurance, the hope is never to have need to use it. However, should the worst happen, I’d like to ensure that I have the appropriate legal support in my corner. Can you offer thoughts on making sure I have the flexibility to employ a specialist solicitor like yourself, should the worst ever happen.

Keith Milmer, Bucks

Answer

That is quite a restrictive term and you shouldn’t allow your insurer to dictate which law firm you use. I note that they acknowledge that in the event court proceedings are to be issued then one may choose one’s own representative, which is correct; however in serious injury and complex cases, one has complete freedom of choice from day one. We have never had a legal expenses insurer dig their heels in when we point out the reality. I imagine they just consider that most people won’t bother looking around.

If an insurer refuses to allow someone to appoint their own lawyer under the terms of their policy there are still products people can buy to assist. These are called after the event (ATE) legal expenses insurance. They can be very competitively priced and give the comfort of protection when one appoints a different firm. They are usually self-insured, meaning you won’t pay the cost of the premium if the case fails and the premium is only payable once you receive compensation.