Claiming without a Solicitor? Should you accept an insurers offer?

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You don’t have to instruct a solicitor if you want to make a claim for personal injury compensation.  Anyone who feels that they have been injured through the negligent actions of someone else has a legal right to make a claim.  Anyone who succeeds should receive a settlement that adequately covers the full extent of their injuries as well as covering any losses or expenses incurred because of the injuries sustained.

To make a claim for personal injury compensation, an injured party has two options. They can claim directly with an insurers claims department if they know who to contact and how to go about it with the hope of getting a fair settlement.  Alternatively, they can instruct a specialist no win no fee personal injury compensation solicitor to represent them and prepare a comprehensive claim, ensuring qualified advice is given and if successful, that a fair and just settlement is reached.

The obvious problem with having no expert legal advice from a specialist solicitor is that a claimant would have no idea what they could claim for, how to overcome denials of liability, what evidence they may need or what would equal a fair settlement for all injuries and losses.  Sadly, we have encountered people who have come to us too late in the day after accepting a low settlement for a claim when they have dealt directly with an insurer rather than with a specialist injury compensation solicitor.  Once a claim is settled, it is settled and as such, ensuring you have the best advice available is a no brainer – especially when it can be provided on a no win no fee basis.

How Direct2Compensation can help

At Direct2Compensation we know that hiring the services of an expert no win no fee injury compensation solicitor is the right move and we can show you why hiring a specialist injury compensation solicitor will benefit your claim.  We know that having an expert on your side gives you the best chance of getting the maximum settlement value for your claim.  Choosing to instruct Direct2Compensation and our partner solicitors on a no win no fee (conditional fee agreement) basis also ensures that your rights are fully protected and that any losses you have incurred will be recovered if and when you succeed with your claim.

If you choose not to instruct an injury compensation solicitor to act for you when you claim injury compensation you will deal with an insurer directly.  Whilst we don’t deny that this solution works for some people, we hear much anecdotal evidence from people who have come to us after attempting to deal with a claim by themselves, that it has been a bad experience and that they have felt the need to obtain the services of a specialist injury compensation solicitor.  These clients have stated to us that they have been made derisory offers, faced flat denials of liability despite witness evidence supporting the claim and felt that the insurers were fobbing them off by valuing genuine claims at a far lower rate than they would receive if they had expert legal representation.  This is one of the reasons why claiming no win no fee injury compensation with a specialist solicitors help is a good idea as they will ensure a fair and full settlement is provided on any successful claim.

When claiming directly with an insurer, they may not arrange for you to undergo a medical assessment with a suitably qualified Doctor.  Getting a specialist report from an expert Doctor will provide medical evidence confirming diagnosis and prognosis of the injuries and a prognosis for recovery.  Such reports help to ensure that a fair and just settlement value is agreed.  If such evidence is not presented, it is likely that a valuation or offer of settlement made by an insurer may not fully recognise the severity of an injury sustained.

With the Direct2Compensation claims process, our specialist injury compensation solicitors will ensure that you undergo a medical assessment with a relevantly qualified Doctor.  The assessment is needed for obvious reasons as it forms the valuation of the injury element of your compensation settlement and is paid for by the losing side if you win your claim (if you lose, you don’t pay!).

It would not be fair or right to say that any offer from an insurer to someone other than a specialist injury compensation solicitor would always be undervalued or too low.  However, it is reasonable to say that a specialist injury compensation solicitor can ensure that successful claimants only accept an offer if it does adequately compensate them for the extent of their injuries and losses.  At Direct2Compensation, our specialist injury compensation solicitors usually obtain larger settlements for injury compensation claimants than those obtained by people claiming compensation directly with an insurer.

Since April 2013, all claimants and claims are forced to abide by the LASPO Act 2012 and the new regulations regarding claims for personal injury compensation.  One of the key elements of this law obliges all successful injury compensation claimants who have used the services of a specialist injury compensation solicitor on a no win no fee basis to pay 25% of their settlement towards the costs of their claim.  Whilst people may think that claiming directly with an insurer will avoid them making this contribution, in most cases a specialist injury compensation solicitor will achieve a settlement for their client that is way more than 25% higher than they would have received if they had claimed directly with the insurer.  Therefore, it is easy to justify the 25% deduction as you’ll still receive a more settlement in your pocket if you choose to instruct a specialist no win no fee injury compensation solicitor, even after contributing 25% from your award.

If you are claiming directly with an insurer and don’t have specialist legal representation, we advise that you seek advice before accepting an offer from an insurer.  If you are in this situation, please contact Direct2Compensation so that we can help you to get advice from a specialist injury compensation solicitor and help you to decide whether or not you should accept an offer.  We often have clients come to us after a month or two of dealing directly with an insurer and after speaking with us and our expert solicitor partners, they opt to instruct us and our solicitors on a no win no fee basis at that stage as the solicitors are able to confirm to the injured person that they can obtain medical evidence and a far larger settlement for the client than they have been offered at that stage.

When you make a claim for injury compensation it is important to ensure that you get the maximum settlement available and Direct2Compensation can help with this.

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  1. Hello there my accident was on 20th Aug 2014 and in the following years a claim has been ongoing with another solicitor. They have cancelled the retainer as I have rejected there “strong advise” against a medical examination in which I was being called a liar. Other side has taken full liability and my disabilities have landed me well disabled now. And continue to get worse evidence shows the same but past solicitors refused to look and only listen to medical expert can you help please.

    • When any person instructs a Solicitor there will be a clause within the Solicitors paperwork – particularly within a No Win No Fee agreement – that stipulates that the Solicitor is free to cancel their contract if you as a claimant opt to ignore their advice and take the claim in a direction that the Solicitor does not believe to be a sensible course. In this case, your Solicitor has opted to close their work on your case as they will be of the view that you will be weakening your prospects of success and exposing your Solicitor to the risk of no cost recovery and costs of the defendant.

      Given the time lapse between your accident and now, it is clearly well over 3 years since you were injured. Is your claim court registered?

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