Trouble finding solicitor to represent me

paulie13

Hi,

Without going into specifics for obvious reasons, I was riding my motorcycle in 2007 when a Garda car drove through a red light, crashing into me. I was not injured (thanks to all the safety equipment I was wearing, including a back protector) but the bike was written off.

The incident was investigated and the decision was that no prosecution would be made. I was quite happy with this outcome as I was never out for anyones blood, but always assumed that I would get the current market price of my motorcycle, and associated costs paid for, by the State Claims Agency.

I hit a snag, however, when the single witness statement that was taken specified that I was travelling too fast and that the Garda car could not avoid me. I'm of the opinion that no one can guage speed unless they have a speed camera and that the Garda car could easily have avoided me by simple exercising more caution before driving through a RED LIGHT!

Even the Garda statement stated that they drove through a red light so I still didn't think it would be an issue getting my money back. Just to make it perfectly clear at this stage, all I have ever looked for is to recoup the money that I lost as a result of the crash, nothing more.

The solicitors that I was appointed through my insurance company informed me that the other side would not pay up and that I would have to go to court. I couldn't believe it when my own solicitor told me that if I took this approach, I might not only loose the case, but I might end up paying the other sides legal bills!

I have submitted the details of the crash to a number of other solicitors firms and the general response has been that it is not "economically viable" for them to pursue the case!

To be honest, I have become very disheartened by this. If I was looking for compensation or had I been seriously injured, would the solicitors be any more interested?

Can anyone suggest the name of a solicitors who would be interested in taking on this case. Ideally I would looking for a "no win, no fee" scenario, as I am already out of pocket to the tune of €4000.

If I was a scumbag claiming whiplash, I have the feeling I would have been treated better than this.

Getting very frustrated and feeling pretty dejected at this stage.

Any help would be greatly appreciated,

Thanks,

Paul

McCrack

It seems odd that the other side wont pay up if on the facts as you say clearly liability isnt an issue so I cant see where they're coming from.

I'd suggest that you press your solicitor that your insurance nominated to start proceedings against An Garda/Minister for Finance. Although you say they seem reluctant to do this on a no win no fee I wouldnt be too concerned with this as clearly (on the facts you have stated) liability is not and indeed cannot be an issue (in other words you have them by the you know what).

Failing this just get the golden pages out and ring around as many solicitors until you get one.

dats_right

paulie13 wrote: »

Hi,

I have submitted the details of the crash to a number of other solicitors firms and the general response has been that it is not "economically viable" for them to pursue the case!

To be honest, I have become very disheartened by this. If I was looking for compensation or had I been seriously injured, would the solicitors be any more interested?

Can anyone suggest the name of a solicitors who would be interested in taking on this case. Ideally I would looking for a "no win, no fee" scenario, as I am already out of pocket to the tune of €4000.

You face a number of problems, firstly causation is clearly an issue i.e. who is actually to blame. This is not as clear cut as you might think and secondly even if causation can be proved against An Garda Siochana there is almost certainly an element of contributory negligence (based on witness statement). This means that even if a judge did believe that that Gardai caused the accident he/she would attribute a percentage for which you are blameworthy.So say a judge finds you 40% contributory negligent the State would only have to pay you the other 60%.

But the real problem here is that because your loss is €4,000 i.e. District Court level, legal fees are based on a derisory statutory scale. Essentially, no foal no fee would quite literally mean the solicitor would be working for well below cost and be providing his/her service as charity, as the pathetic fee he could recover from defendant would be in the region of €600. Given that there will be quite a deal of correspondence and preparation involved in getting the case ready for hearing and in all likelihood a long wait around on hearing date for a hearing that may last an hour, you begin to see why no solicitor is willing to take on this case (without being paid in advance by you).

McCrack

Dats right I'm failing to see any contributory negligence in the facts. It's stated that the Garda car drove through a red light. This in my mind is a classic situation of Res ipsa loquitur (the thing speaks for itself)...I mean if this is the fact regardless that the vehicle was an emergency service vehicle that maybe or maybe wasnt on an emergency call is irrelevant, the fact is that it broke a red light causing paulie13 to collide into it...liability therefore isnt an issue and causation is a no-brainer as well.

I cant comment on the witness statement alledging excessive speed on Paulie13's speed, speed without any technical back-up (such as a speed camera) is purely subjective.

I do agree on the fees part though but I have seen cases run with legal representation for less.

dats_right

The witness will say that the OP was driving at excessive speed, which will in all likelihood impress a judge as this appears to be an independent witness, the Gardai will no doubt give evidence to the effect that they are experienced professional drivers who exercised reasonable care and dilligence, notwithstanding the situation of the red light (remembering that judges are usually favourable to Gardai particularly in the exercise of their duties). It is also highly likely and understandable that a judge in such circumstances will take the view that if the OP had himself been driving with reasonable care and dilligence and at an appropriate speed that the collission could have been avoided and is either to blame entrely for the collission or more probable contributed to the collission and hence the possibility of a) not succeeding at all with his claim and having an award of costs made against him and possibly a counterclaim!? (a point borne out by the fact that the op's own solicitor has already warned of), or b) succeeding on causation but a strong chance of having contributory negligence found against him. It is always possible that OP could win 100% but with Garda evidence and that of independent witness I would have thought, from my experience in the District Court, that will be difficult.

Nonetheless OP, what you need to do is either write it off or pay for a solicitor to advice fully and pursue the matter on your behalf.

paulie13

Thanks for all the responses.

TheDemiurge

Hi,

Your own solicitor was obliged to inform you that if you take the action that there is always the possibility of losing in any action, and that costs could be awarded against you, so don't take this particularly to heart.

The reason given by Dat'sRight is correct; many manhours, and at least two Court visits (one to get a hearing date and another the actual case itself) plus all interim correspondence, you would end up if the case was billed correctly having to pay in the region of 3000 Euro. However the scale costs which the solicitor would only be entitled to legally for this case if you won it would be in the region of 600 Euro. The solicitor realistically can't afford to take this action. The District Court scale fee is really prejudicial to many clients as it puts solicitors off taking the cases.

TheD

nuac

Agree with Demiurge and Dats_right re prospects in this case

Check if there was a garda sketch showing any skidmarks etc from either the bike or the patrol car.

A solicitor who normally practices in the District COurt for that area might take it on if (s)he is likely to have other cases there that day.

However as you have been warned if the the COurt decides against you costs may be awarded against you.

johnnyskeleton

TheDemiurge wrote: »

Hi,

Your own solicitor was obliged to inform you that if you take the action that there is always the possibility of losing in any action, and that costs could be awarded against you, so don't take this particularly to heart.

The reason given by Dat'sRight is correct; many manhours, and at least two Court visits (one to get a hearing date and another the actual case itself) plus all interim correspondence, you would end up if the case was billed correctly having to pay in the region of 3000 Euro. However the scale costs which the solicitor would only be entitled to legally for this case if you won it would be in the region of 600 Euro. The solicitor realistically can't afford to take this action. The District Court scale fee is really prejudicial to many clients as it puts solicitors off taking the cases.

TheD

I agree with dats right in terms of the substantive issue, but I disagree with thedemiugre in that there are a number of solicitors who will take on such a case, especially in Dublin. There are a number of solicitors in the Dublin area who will take on a case at district court level, and outside Dublin any solicitor who appears regularly in the district court will take such a case on. The idea that a solicitor couln't afford to take a case on for €600 must sound strange for most people. The reality is that if a solicitor says that they will not take your case, you can go to another solicitor who might take your case on.