Hit by a car while cycling, driver admits blame, bad injuries, need advice re solicitors & making a claim.

Thanks for this Harrington. Is it right now that it is not possible to claim the entirety of the legal costs from the defendant? And if not would it be possible for there to be quite some shortfall that the claimant would be liable for?

I've also just got in touch with c-ams.co.uk/> to ask for a callback.

This is some really great feedback, thanks everyone very much.

I've been going through cams. Coming up to two years since my crash and not a penny yet despite the driver being prosecuted by cps so liability proven etc. It's armstrong solicitors dragging their feet though and cams themselves were great, got me a new cannondale carbon synapse to ride for months free of charge while my bike was out of action etc

It depends what's being claimed. If an individual costs is reasonable, in terms of value and it is accepted by the defendant and claimant that this cost needed to be incurred, then it will be allowed. Certain items were, however, banned by the 2013 reforms: the recoverability of 'After the Event' (legal expenses) insurance, and success fees (essentially just an addition part of the solicitor's fee for time spent on the claim when the claim is 'won').

Legal costs are almost always in a different world to costs in any other field. It's rare for defendants to be presented with a bill by a claimant's solicitors that they expect to pay in full. There is usually negotiation, and it's standard practice for many solicitors firms to present bills to the other side that exaggerate the amount of time actually spent on the claim, and the hourly rate that the person handling it should be charging. If there's no agreement at the end of this negotiation, the claimant can start court proceedings to ask a court to decide what's fair.

If you do go down the solicitor route, make sure you deal with someone that's competent and will explain the process as much as possible.

Coming up to the second year anniversary I had zero contact from S&G, despite me emailing them monthly. It took me going the social media route and going via their general customer service number to get a response. I was then ringing them weekly to get updates before it was eventually sorted two months later.

Sadly you do have to stay on top of your solicitor to get things moving.

Calling every other week and still here I am

hI

I am going through with a claim at the moment. I was persuaded to use an accident claims company who referred me to a firm of solicitors on a no win no fee basis. From april 14 no win no fee arrangements could no longer add legal costs to the settlement amount and your legal costs are met out of any settlement you receive, and these are capped at 25 % of any settlement. Judicial Guideline amounts of compensation for injuries were increased by 10% to compensate for this. I do not know if this only applies to no win no fee agreements and not to a standard hourly paid solicitor. It is important to remember that you are still legally liable for legal costs including the other party's should you lose, and you would take out an indemnity insurance (around £200) to cover this.

The advantage of no win no fee is that these solicitors will usually front up for the indemnity and any independent medicals required so you do not have to put anything up front. An hourly paid solicitor may also do this but they may want paying from time to time dependent on how long the case lasts and the amount of billable hours and other costs incurred.

The downside is that if you later wish to change solicitors it can be financially unviable as you will have to pay their costs before they release your case file. Once a medical has been done you are stuck with your initial choice.

I get the impression that no win no fee solicitors are a bit of an assembly line and since the changes in April 14 look to get quick settlements with minimum input and the insurers are happy to collude in this process as it cost them less to pay out smaller settlements quickly.

I went the no win fee because I did not have the funds to cover the independent medicals required nor could I have afforded to commit to paying periodical solicitor bills up front even if I was reimbursed at a later date in the event of a successful claim.

Had I had sufficient funds I would , based on my experience with this particular no win no fee solicitor, have gone with an hourly paid solicitor. Your mum may have legal expenses cover with her home or car insurance which might pay for this preferred route? It is worth checking.

My experience of no win no fee has not been a good one but I am hopeful of a successful outcome eventually. Other no win no fee solicitors may be better though and I have experience of only one!

best of luck with the case. Keep receipts for all travel in connection with the claim hospital, doctor trips etc as these can be claimed from the other party.

I have, fortunately, not had to use a solicitor, but from what I've heard Leigh Day appear to be very clued up with this type of thing.

I hope your Mum recovers well, and becomes confident to ride again.

Appreciate your good wishes CheeseWheel and another tick in the box for Leigh Day who we're expecting a call from after I contacted them and asked for a callback earlier today.

My mum spoke to someone from cams earlier and she came off the phone feeling quite positive about them but after what you've said PhilDAS about the fact that you're still waiting 2 years down the line for Armstrongs to pull their finger out is somewhat dispiriting but thankyou for mentioning it as we were seriously considering proceeding with them. Not so sure now tbh.

Thanks again to you Harrington and also to you jonH, its beginning to feel as if this is raising more questions than answers but bat on with it we must and all your comments and responses are proving very valuable particularly so far as giving us options we weren't aware of previously.

Hoping to get a call from Leigh Day tomorrow now.

If you're contacting the solicitor directly, I'd go via a general customer services route. Otherwise use the social media nuclear option

Just to update this thread: My Mum has gone with Leigh-Day now and the claim is proceeding. I will keep updating this thread for the benefit of anyone who's interested and well, cos you peeps have been really helpful and if this case can in any way benefit anyone else in future it'd be worth it...cheers all.

J

Hoping your mother makes a speedy recovery and is properly compensated.

Thanks a lot appreciate it.

Keep us posted on the progress. +1 to DJ's comment.