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Can I sue my bad lawyer?

Just over 3 years ago I came off on a diesel spill on a roundabout. It covered about a quarter of the roundabout. The police told me that there was nothing they could so and my insurer gave me a solicitor but because they never found out which vehicle was to blame they dropped the case.
I have recently done some research and came across the Motor Insurers Bureau. I called my solicitor to ask about this but he said it wouldn’t succeed and anyway I am out of time. Am I able to claim compensation for potentially wrong legal advice?

Jessica, Bromsgrove



Without CCTV or witnesses tracing the vehicle responsible would be virtually impossible. However, this is clearly an accident arising out of the negligent use of a motor vehicle on the road and therefore you should have been advised to submit a claim to the Motor Insurers’ Bureau under the Untraced Drivers’ Agreement. This is because an untraced road user was likely to blame in not properly securing the fuel cap or by overfilling the tank causing the diesel to spill onto the highway.

I believe your solicitor was wrong to say that the MIB would not have paid up. However, you only have 3 years to claim assuming you were an adult at the time. You therefore need to look at suing the solicitor’s firm for compensation for the lost chance of a successful claim to the MIB had it been made in time. You should obtain the highway authority records of the clear up operation and the police report which should record the diesel spill.



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