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Insurers settling direct with a Claimant

There has been a recent case brought to Court by solicitors to STOP insurance companies acting for the driver at fault to by-pass your whiplash injury solicitor and contact you direct to offer you compensation.
Road Accident and Whiplash
Why would motor insurance companies do such a thing?You probably guessed.  Not simply to save money by trying to reduce the injury solicitors poultry fixed costs to represent you and to save on doctor examination fees, but also to possibly sell you short and under-value your whiplash compensation claim.

 

Use a personal injury solicitor

The issues about motor insurance companies communicating direct with the whiplash injury claim direct and cutting out their appointed solicitor came before the second highest English Courts, the Court of Appeal in December 2015.  The case was called-

Gavin Edmondson Solicitors Ltd v Haven Insurance Co Ltd*

In this case the Court of Appeal Judges found in favour of the whiplash injury solicitors who were of the view that despite the fact that the motor crash insurance company settled the whiplash claim direct with the injured victims they were still liable to pay the minor fixed fee costs of the solicitors who were instructed to represent them.

This case hopefully will put an end to what can be considered as an unfortunate practice to prevent injured victims in road traffic accident claims seeking independent legal advice from their appointed solicitors.

The Court of Appeal allowed the appeal on the grounds of equitable intervention following the principles in Khans Solicitors (a firm) v Chifuntwe.

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