Can I choose my own lawyer?

I am not happy with the lack of communication I get from my solicitors provided by my insurance company following my accident. I am always having to chase them and each time I call no progress has been made but I always get told that things will improve. I have had enough and want to know how I can go about changing solicitors. I am 6 months into my claim which is for various modest injuries and some financial losses as well.

Simon, Northolt

Answer

I am sorry to say that you may have difficulty in persuading a new firm to take your case on. This is because in cases where the injuries are fairly minor, very limited legal costs are payable by the third party insurer and it is likely that your current firm will have exhausted the costs entitlement already.

I often take over serious injury cases from other firms as there is not the same hefty restriction on legal costs. You do have complete freedom of choice of which lawyers you instruct and you do not have to instruct the firm appointed by your insurer. Whilst it used to be the case in lower value cases that insurers could insist you use their solicitors until the point of issuing court proceedings, the courts have since clarified the law and confirmed injured bikers can instruct the firm of their choice from day one, utilising the before the event legal expenses insurance they have through their insurers.