Solicitor refusing to accept my instruction

[taxidriver2]

Hi,
I was involved in a non fault traffic accident. The third party admitted liability and a payment was issued for damage to my vehicle,

The defendant insurers offered a settlement figure for personal injuries through my solicitor. It was a reasonable figure and I instructed my solicitors that I wished to accept this.

My solicitors have however completely refused to do this and have come up with an endless list of reasons not to settle. Each time I repeat that I wish to accept they just drags things out further and say I must wait 15, 21, or 35 days for a response to their latest delaying tactic. They are determined to take the matter to court it would seem.

I have been advised (by an untrusted source) that it is possible for me to accept the offer directly from the defendant insurers.

1) Could anyone tell me if it is legal to approach the insurers in this way if a solicitor is already representing me?

2) Would it affect the amount of compensation on offer and would legal and other costs still be sorted out between the solicitor and insurer?

3) Could my solicitor do anything to block this payment or delay it in any way?

I do not wish to antagonize my solicitor by suggesting this if it could have an adverse effect on my claim. Any fees due to my solicitor from my compensation I would of course still pay to them as agreed.

Thanks for reading, hope someone can advise.

Regards.

[Johnboy007]

Re: Solicitor refusing to accept my instruction

You can dismiss your solicitor if you are unhappy with his handling of your case.
They should conform to your wishes, and not theirs.
Then write to the party at fault's insurers informing them that you are now handling the case, and wish to accept the offer of £?????.
Just call your solicitor,or write him, and say you've retained new counsel, and you need your file. He is also obligated to refund any unearned fees;
You can always engage another solicitor if you so wish.
Send all letters by recorded and signed for post.
Keep a copy.

[taxidriver2]

Re: Solicitor refusing to accept my instruction

Thanks for the quick response!

To clarify, I am able to dismiss this solicitor and will not be liable for any costs or charges?

It is a "no win no fee" type arrangement and I have paid no money to them so far.
The case has been ongoing since January of this year and they have written several letters to various parties so far.

They are due to receive 25% of any compensation. Could they pursue me for this or other costs if I dismiss them?

Thanks

[Johnboy007]

Re: Solicitor refusing to accept my instruction

You need to look into the contract to see what fees are payable if any should you stop the case or lose the case.
Read the small print.
They cannot chase you for %25 of any settlement if they no longer represent you.
But there may still be costs to pay and you should check these out before doing anything.
It is obvious why the solicitors don't want you to settle.
The more they can squeeze third party for, the higher their percentage.

Try this site...
http://www.legalombudsman.org.uk/pub...ee/report.html

[taxidriver2]

Re: Solicitor refusing to accept my instruction

Thanks for your help.
Will check the contract.

[taxidriver2]

Re: Solicitor refusing to accept my instruction

Hi. Thanks for the advice so far.
I have checked the small print and have decided to take my chances and dismiss the solicitor.
Contract says they will not chase their "success fee" at this stage but may pursue costs accrued up to this point which I will deal with as and when.
A couple more questions please if anyone can help..

1. What is the correct way to terminate the agreement. Is it just a one line letter saying I hereby wish to terminate etc?

2. How can I find out the details of the third party insurer. I do not have this info and am certain the solicitor will not release any info. Clause in contract says they will withhold files whilst any fees are outstanding.

3. I know that I can negotiate my own settlement with the insurer but what will happen with the other costs involved such as the medical report and vehicle assessor, car hire etc. Will these bills be paid to me and then I pay the parties involved?

Many thanks.

[wales01man]

Re: Solicitor refusing to accept my instruction

You should expect to pay any costs the Solicitor would pay on your behalf after all its a No Win No Fee case you have won if the other side has made an offer to your Solicitor.

You need to check it all out before Terminating the Agreement.

[Johnboy007]

Re: Solicitor refusing to accept my instruction

2. How can I find out the details of the third party insurer. I do not have this info and am certain the solicitor will not release any info. Clause in contract says they will withhold files whilst any fees are outstanding.

Unless your own insurer has employed the solicitor concerned, you should be able to find details of third party insurer through them.

3. I know that I can negotiate my own settlement with the insurer but what will happen with the other costs involved such as the medical report and vehicle assessor, car hire etc. Will these bills be paid to me and then I pay the parties involved?

Unless the third party insurers have agreed to pay these bills direct, they are your bills.
You will be liable to pay for them whatever. Even if the third party doesn't settle with you.

[taxidriver2]

Re: Solicitor refusing to accept my instruction

Update!

I dismissed solicitor in writing.
Negotiated directly with third party insurer.
Received payout.
Never heard from solicitor again..!

Thanks for the advice on this one.