Just over 3 years ago I came off on a large paint spill on a roundabout. The large tin and lid were found a few yards away so it must have come off a tipper or something. My insurer gave me a solicitor but because they never found out which company was to blame they dropped the case.
I have done some research and came across the Motor Insurance Bureau. I called my solicitor to ask about this but she said it wouldn’t succeed and anyway I am out of time. Do I have grounds for claiming compensation for wrong legal advice?
In the absence of CCTV or witnesses, tracing the business responsible would be virtually impossible. However, this is undoubtedly an accident arising out of the negligent use of a motor vehicle and therefore you should have been advised to submit a claim to the Motor Insurers’ (not Insurance) Bureau under the Untraced Drivers’ Agreement. This is because an untraced road user was likely to blame in not properly securing the load causing it to be deposited on 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.