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CAR ACCIDENT CLAIM - Issue with solicitor over fees

  • 20-06-2010 12:05am
    #1
    Registered Users, Registered Users 2 Posts: 3


    Hi,

    was a passenger in a car accident 2 years ago and still have injuries.
    The at fault insurance company have refused to admit liability.
    However they have just agreed to assessment of my case via InjuriesBoard.
    I felt I had to appoint a solicitor (immediately after accident) because of the liability issue.

    Absolutely nothing happened with my case for the last two years.
    I had to go see solicitor 8 times since accident (of all my own appointment making) as I could not get satisfactory answers to my questions from him over the phone and he only sent three letters in the two years,
    one being a 'hello and thank you for choosing us' and the other two about the specialist I had to see and also that InjuriesBoard have begun assessment.

    We have a witness who states that we were 100% in the right and we had to locate him ourselves through the Gardai's reports.
    We asked that solicitor contact the witness but he said 'there is no need'
    which we found extremely suspicious,
    so we then had to resort to contacting witness ourselves and witness sent a letter stating we were not at fault.
    This letter has not been revealed to the at fault insurance company.
    I feel solicitor wants the case to go to court and there isn't a need for that as if letter was revealed insurance would back down and likely pay up.
    I sense court fees are our solicitors only focus.

    Speaking to him recently he said his fees would be €2500 for each of us (caught off guard) and this left us stunned.
    He only contacted insurance company once, doubtfully twice (and we had no letter of this 'contact'),
    did not contact Gardai for witness' details and then failed to utilise witness' letter
    only sent us to specialist three months ago,
    and let the case run on to practically a week before the two years (statute of limitations) was up, to submit our case to InjuriesBoard.
    And wants €2500 off EACH of us for the pleasure.

    Is this right?
    This seems shockingly excessive to me, especially as solicitor has done literally NOTHING but drag this out.
    (A) I'd like to know if this cost is accurate (€2500)???
    I was afraid to ask if this is minus vat and specialist fee of if it were just his 'professional fee'.
    I left the office in a daze.
    A friend of mine was charged €1400 for a solicitors fee, all in, that sounds about right and that was also a car accident, with the usual specialist visits ect.

    I can obviously prove he's let this run and neglected to contact witness (which is a vital part of any case) on our requests. These two years have been awful frustrating.

    (B) Could I dispute solicitors fees if I get settled through InjuriesBoard?
    I'm sure it is he who gets the cheque - then makes me sign away his fee,
    to leave me minus €2500 and God knows what else.

    (C) Can I ask him to put in writing NOW exactly what I'm going to be charged for and then challenge him on his inaction? Tell him I disagree?

    (D) Do I have to pay him immediately or if I dispute his fee and refuse to pay that amount, what happens then? Does he still have to issue me with my full cheque then persue me through another channel?

    (E) Could I request InjuriesBoard to forward me on award, direct to myself?


    Thanks guys :confused:


Comments

  • Registered Users, Registered Users 2 Posts: 2,992 ✭✭✭McCrack


    With respect you are not the expert and your solicitor is. You have minimal understanding of litigation both pre and post PIAB. This is not an attack on you but I would respectively suggest you refrain from assuming the worst and thinking your solicitor is out to cheat you. From your post you seem to have made you mind up and nobody here is going to change that.

    Re the PIAB fee, the norm is €2k plus VAT so you are not being charged excessively, you are being charged the normal fee.


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