Mark Lampkin of Lampkin and Co Accident Claim Solicitors
Biker’s forums are awash with stories of accident claim nightmares. “My solicitor was rubbish”, “My mate got £5000 for whippy and I only got £1.50 for a broken leg…..” and the old classic “My insurers said I had to use their solicitor…….. I wish I knew….!!!!”.
And that’s the question “I wish I knew” WHAT exactly? Most bikers only have one accident and without detailed knowledge of the shark infested waters of accident claims they have a depressingly high chance of falling into the wrong hands and being another thread on smashedupbikers.com or similar.
I, Mark Lampkin, a Motorcycle Accident Solicitor of 20 years standing have been asked by The Rider’s Digest, to reveal the secrets of accident claims so you will get the right advice when you need it most. Read this or play Russian Roulette with your compensation, its up to you.
So you hear the fatal, or hopefully non-fatal, words “sorry mate I didn’t see you”. You peel yourself off the black stuff and go through the motions of swopping addresses preferably, as opposed to punches please, getting witnesses, calling the police if injured, getting medical attention and sobbing over the crumpled mess you only polished an hour ago. The immediate aftermath of an accident is by its nature a very traumatic time and it is nearly impossible to think dead eye straight when you have more adrenalin pumping through you than a tightrope walker with itchy nuts. But, if you can, preserve as much evidence and details as possible. Carry a pen or mobile phone on every trip as cases can be decided on shreds of evidence: collect shreds: shreds are good: lawyers like shreds!
When you get home is the time to put the kettle on, sit down and remember where you read this and get it out and read it again because what you do next will affect the outcome of your case and how you are dealt with more than whether the Judge does or does not “get it” the night before the trial, another classic explanation for it all going wrong.
You will naturally want to ring your insurers and fall starry eyed under their seductive powers. You will almost inevitably have bought legal expenses cover when you took out your insurance through that pesky meerkat, nodding dog, or very annoying opera singer. If you don’t know, look at your policy and that will be the fifteen quid or so added on. You will have it as it’s almost impossible to get them to remove it and here’s why.
If you ring your insurers, or your legal expenses insurers and explain you were not at fault and have a trashed bike and injuries they will refer your case to a “panel solicitor” and will pocket themselves a nice little earner of a referral fee. Yes most if not all insurers will sell your details to a solicitor of their choosing for a fee of around £800 or so. And what do you get for that? Erm, well, erm nothing actually. What happens is that your case will be sold to the solicitor that has offered your insurers the most money that month to get your case and it matters not to the insurers how good they are, where they are or whether they know a Fazer from a Fireblade.
The way legal expenses works is that the insurance company or broker will normally keep the premium of £15 to £40 as their brokerage fee and the legal expense insurer which is usually another company will make money only from selling your case for this referral fee. The solicitor who buys the case may also have a condition placed on him to run your case on a no win no fee system so the insurers would never have to pay your legal costs anyway! Cushty!
So why should it bother you if your insurers charge your solicitor so much money for nothing but your name? Well, since the government introduced fixed costs for road traffic accident claims, then, depending upon the size of your claim, whatever solicitor does your case they will receive the same amount of costs. Here’s how it works. I know you haven’t done maths since Mr Rogers with the patches on his sleeves baffled you with Pythagoras, but bear with it (why is it only teachers who have those patches, and how much wear is there from leaning on a desk anyhow!)
So lets say Billy Biker gets knocked off and has a minor injury only that settles for say £1500. He uses his insurer’s solicitors as above. They win so they get paid by the other driver’s insurers. In Law the loser pays the winners costs. They get their costs calculated as follows.
Basic Costs £800 + (a figure calculated at 20% of the damages) £300 = £1100
Remember though they will have paid around £800 to get the case in the first place so they could have as little as £300 in real terms to spend on the case.
If however he took the trouble to look for his own solicitor directly and instructed them they would have the full amount to spend on his legal representation.
Now ask yourself this. Where is he most likely to get the best legal service? At his insurer elected firm (£300 real value) or his own (£1100 real value). In a broad Geordie accent “you decide!”
Huge solicitors practices are set up on this gravy train, pile ‘em high sell ‘em cheap churn and burn basis and Lord Justice Jackson, who published his report on all this on 14th January 2010 implores the government to ban these referral fees and that can only, in my view, be a good thing as it will stop vast sums of money which should be spent on looking after accident victims properly being plundered by interfering middlemen
But can I say with certainty that if you choose your own lawyer things will always run smoothly, well unfortunately no. I am asked to take over ‘distressed’ cases that arrive like bags of chips with little evidence of progressive work. I am often in a state of shock and awe at how badly some people are treated by supposed professionals and it is no wonder forums read like the complaints file from T.I.T. (that’s Trotter’s Independent Traders of course). Don’t despair though there are plenty out there who are super efficient, knowledgeable and who I personally would trust with my own case god forbid. In fact my missus has a list together with my will just in case!
So what about the D.I.Y option? Well the ‘at fault’ insurer will happily deal directly with you and if you seriously think they will act benevolently and recompense you to the max then you may as well just say to yourself “This time next year I’ll be a millionaire!” and go and order that Ferrari in your drunken delusion. Some even turn up on your doorstep with a cheque book to buy you off for peanuts!
So, as usual for my columns, I’ll leave you with my top ten tips for getting the best advice and care after an accident.
1. After the big bang, even if you are in bits preserve the evidence. Get witness details or get the Police (if you can persuade them to put that doughnut down and come and help you)
2. Think before you make the first call. If you ring your insurers you probably could be sold to their solicitors. You may be ok with that. You decide.
3. You do NOT have to use your Insurer’s Solicitors although they will try to persuade you that you must (a European case has recently decided this….see, it’s not just about straight bananas!)
4. Don’t fear going direct to a specialist personal injury solicitor that has been recommended to you or that you feel confident in. They should welcome you with open arms and offer to act for you on a true no win no fee system and fund all of your case for you. They get paid by the other side so it is effectively free to you.
5. Be cautious if the other party’s insurer approaches you directly. They may offer you the earth or more likely a bunch of flowers and a book token. Why not get advice from an expert who is definitely on your side and will cost you nothing!
6. Shall I stay or shall I go? If your case is with a solicitor and you have lost confidence in them, can never get hold of them, never get a letter, don’t know what’s happening, they never return your call; then consider changing.
7. Frying pan to fire? Pick your next solicitor carefully and only if you have raised your concerns with your present lawyers and they cannot restore your confidence. Transferring your case is a big step but can be done easily in correspondence between old and new lawyers but make that decision carefully.
8. What should I recover? Dependant upon fault, you should receive whatever financial loss flows from the accident. Repairs, loss of earnings, helmet, clothing etc and compensation for your injuries. But you need to prove everything.
9. How long is a piece of string? If your case is handled properly it will take as long as it takes for your lawyers to be able to advise you how much it is worth and depends on whether liability is fought or if the injuries are serious. It should not however be drawn out because it takes some numpty four months to write a letter. If there is a delay your solicitor should at least tell you why.
10. See you in court! Lots of cases stagnate because the lawyers are scared to start court proceedings. Remember you only have three years from the date of the accident to issue proceedings and if this time has passed it may be difficult if not impossible for your case to be brought.
Now cut this out give it to “her indoors”.
If you have any legal issues you would like addressing in the Rider’s Digest please contact us or email Mark directly at mark@lampkinco.co.uk for future publication.
