Insurers settling direct with a Claimant
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-
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.