Do I need a solicitor?

CherieC

Hi,
I was in a car accident with an uninsured driver. Once I found out she was an uninsured driver my insurance broker and the garda advised me to get a solicitor.

I went and got a solicitor immediately as I thought I would need one. I also thought that the other side would have to pay my legal costs.

I had relatively minor injurys. I had whiplash in my back & neck. I have had some concentration issues and headaches aswel as some ringing in my ears. I am expected to fully recover within 3-5 months. So I am expecting a small settlement.

I have since found that the MIBI or the Injury Board dont usually pay out legal costs. And from looking around online it seems like the costs will be €2,000+.

The MIBI process seems fairly straight forward and I was thinking I could do it myself. I know that it would be a lot of extra work, but I am a student at the moment and I am hoping that I will get enough to pay most of the fees for my masters (its costing me about 9000 and I currently only have 2000)

So, can anyone tell me if it is worth keeping the solicitor even though their fees will eat up most of my compensation? Is there any way to recover legal costs? Or what are the normal legal costs for a MIBI case?


P.S. I dont believe this is legal advice. If it is I apologise. If it makes a difference I understand that everything posted on boards is just pure opinion and it can't be relied on.

BrianBoru00

not sure about needing a solicitor but I'd delete the bit about hoping to get an amount to cover your masters. Any claims SHOULD be to compensate for the damage and not as an opportunity to pay for something else..... I think this would be looked on unfavourably and seen as oportunistic

blahblah06

LOL! Love that post. Shouts dodgy claim from a roof top

lomb

Id say 75% of claims are fraudulent , unfortunately human nature being what it is and with people having a desperate need for cash its to be expected. If I walked away from a car wreck Id thank my luck and call it a day.
The insurers know that the majority of payouts are dodgy but settle on the best terms possible under the law.
More worrying is the legal profession and judiciary as well as politicians that create and enforce the laws allow us the common motorist to pay for all this nonsense.
My brother reversed out of the driveway into a slow moving car and dinged the wing on the 1000 euro car he hit, broke one taillight and she sued for 36 grand and got it. For what I dont know . The only good thing is that type tends to spend the money so it goes back into the economy fairly quickly.

WhatNowForUs?

lomb wrote: »

Id say 75% of claims are fraudulent , unfortunately human nature being what it is and with people having a desperate need for cash its to be expected. If I walked away from a car wreck Id thank my luck and call it a day.
The insurers know that the majority of payouts are dodgy but settle on the best terms possible under the law.
More worrying is the legal profession and judiciary as well as politicians that create and enforce the laws allow us the common motorist to pay for all this nonsense.
My brother reversed out of the driveway into a slow moving car and dinged the wing on the 1000 euro car he hit, broke one taillight and she sued for 36 grand and got it. For what I dont know . The only good thing is that type tends to spend the money so it goes back into the economy fairly quickly.

75% fraudulent - id like to see this backed up.
If one was in a crash not caused by themselves why should they not get compasation?
Are you sure your brother is telling you everything?

mikemac1

lomb wrote: »

My brother reversed out of the driveway into a slow moving car and dinged the wing on the 1000 euro car he hit, broke one taillight and she sued for 36 grand and got it.

I've read about plently of claims around this amount
Well mainly against Dublin Bus

Afaik 38K is the maximum you can claim for before going to the High Court.

So it seems to be what the solicitor and their client aim for

lomb

WhatNowForUs? wrote: »

If one was in a crash not caused by themselves why should they not get compasation?
Are you sure your brother is telling you everything?

Compensation for what exactly? I was in a very serious car accident years ago caused by myself(single car accident no one else involved on a slippy road) where I struck a boulder and sliding on the door from about 50mph and then the overturned a car on a mountain pass. The steering wheel was literally ripped out of my hand by the impact, I remember being pulled out of it by the seatbelt. I was shook up and didnt want to drive for about 2 or 3 weeks as I thought driving was unsafe. However so what? I was ok. Thats the bottom line.

Procrastastudy

You're not doing yourself any favours with you post OP but regardless of anything else it will be a while (I have no idea how long but likely many months) before you see any money.

xxlauraxxox

i actually hate when people come on here and say that 75% of claims are fruad.i had an accident in 2006 i ran into the back of an old lady i tipped her bumber i done no damage whatsoever i hit her at 12km per hour (i ran into her i was wrong) she said she was fine 3days later i get a letter from her solister requesting my insurance details she was suing me whiplash....18months later she got 27grand from it.i always said she was doing it for the money until april2012 a fella ran into me at a roundbout i was stopped and he drove me 2feet onto the roundabout he his me at 60km ive whiplash as well just saying people shuldnt say its fruad unless they have been a victim of whiplash ive still problems and headaches 8months later and have been told by my psyio that will be another few months before i feel any relief..

My advice OP is stick with your lawyer your case could go to court and youll need someone for advice and help throughout the long run
wishing u all the best x

Pat Mustard

lomb wrote: »

Id say 75% of claims are fraudulent

I'll see your 75% fraudulent claims and raise you by 80% of statistics are made up on the spot.

OP, there are other threads about people who have PI claims, where they are wondering whether or not to get a solicitor. It's a subject that comes up a bit. Take a look at those threads.

The advice boils down to this. Whilst it is possible to enter your own application for assessment of damages, it is advisable to have a solicitor. There are plenty of punters who are willing to tell you how they handled their own claim without the benefit of legal advice, but it is likely that most of them did not know whether they got value or not. Accurate, up to date information on the assessment of damages is not widely available to the general public.

WhatNowForUs?

lomb wrote: »

Compensation for what exactly? I was in a very serious car accident years ago caused by myself(single car accident no one else involved on a slippy road) where I struck a boulder and sliding on the door from about 50mph and then the overturned a car on a mountain pass. The steering wheel was literally ripped out of my hand by the impact, I remember being pulled out of it by the seatbelt. I was shook up and didnt want to drive for about 2 or 3 weeks as I thought driving was unsafe. However so what? I was ok. Thats the bottom line.

Its a hypotetical situation so compensation for the car and or any injury sustained, this would be fair because i didn't cause the crash, the other person did. This would be a different situation to yourself as you caused your accident. Also if you injured somebody in that crash would it not have been fair for them to get compensation