Can I switch solicitors as progress is slow?
Question
I am not happy with the lack of communication I get from my solicitors provided by my insurer following my accident. I am always having to chase them and each time I call no progress has been made but I always get an assurance 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 soft tissue injuries and out of pocket expenses as well as to the minor bike damage.
Name withheld
Answer
I think 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 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, a recent court decision (Nobile –v- DAS) has clarified the law and confirmed injured motorists can instruct the firm of their choice from day one utilising the before the event legal expenses insurance they have through their insurers.
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