Have my solicitors missed the deadline?

I am worried that my solicitor is not being straightforward with me. I have an injury claim that has been going on for nearly 4 years.

My solicitor was appointed by my insurer. They have written to me to say they failed to issue the claim at court by the required deadline. They say they are trying to sort the error out and I should not worry about it. Is this not a bigger problem than they are telling me?

Carla, Barnet

Answer

In personal injury claims arising from road traffic accidents court proceedings generally need to be issued at court within 3 years of the accident – there are some exceptions to this, but I don’t have the space to set them out here.   If a claim is not issued in time, it becomes statute barred (i.e. the Claimant cannot pursue it without the Defendant agreeing not to raise the failure in its Defence, or with the court’s permission). Failing to issue a clients claim in time is prima facie negligence.

It sounds like your solicitors are hoping they can persuade their opponent or even the court to disregard the time limit. In these circumstances the courts more often than not make clear that a Claimant’s redress should be through the solicitor’s insurers by way of a negligence claim.

I suggest you seek independent legal advice in relation to a claim against your solicitors. You should be able to find a lawyer who will act for you relatively easily, although they will probably advise that you should wait until the current solicitors have exhausted their efforts to try and fix their mistake first so that you are not accused of acting prematurely.