Legal rep 3rd party insure

Morris_fe1s

Recently a guy crashed into my car and his insurance company have accepted liability and are about to send me a cheque for a replacement car.
The insurance company is a reputable one. I am wondering whether its in my best interest to go though the third parties company for my legal representation. i dont want to have to front the medical or legal expenses but i would like to get the best advice.

littlemac1980

Get your own Solicitor, you will have to pay them - but their costs may be recoverable.

Pro Hoc Vice

I'm sorry I don't fully understand are you asking should you use the legal firm who represented the other driver for your claim in relation to any personal injury. Can you clarify what you mean by third party?

coylemj

littlemac1980 wrote: »

Get your own Solicitor, you will have to pay them - but their costs may be recoverable.

Incorrect. OP, notify your own insurance company, they will represent you since it's they who will have to pay out any damages for which your are liable.

Are you doing a solo run on this? That's ok if there's only metal to be bent back into shape but you mentioned medical expenses which is a totally different situation. If you make any attempt to negotiate with other parties in relation to medical/injury claims, there is a serious risk that your own insurance company will wash their hands of you and you'll be on your own.

To answer the question you asked - it would be ludicrous to use the other party's legal firm and if they are an ethical bunch they will refuse to do so anyway since there would be a conflict of interest.

littlemac1980

coylemj wrote: »

Incorrect. OP, notify your own insurance company, they will represent you since it's they who will have to pay out any damages for which your are liable.

Are you doing a solo run on this? That's ok if there's only metal to be bent back into shape but you mentioned medical expenses which is a totally different situation. If you make any attempt to negotiate with other parties in relation to medical/injury claims, there is a serious risk that your own insurance company will wash their hands of you and you'll be on your own.

To answer the question you asked - it would be ludicrous to use the other party's legal firm and if they are an ethical bunch they will refuse to do so anyway since there would be a conflict of interest.

I agree that the OP's insurance company may need to be notified, but on account of the other party having accepted liability I think the OP needs a solicitor to deal with, or clarify all matters at this stage.

kennM

Morris_fe1s wrote: »

Recently a guy crashed into my car and his insurance company have accepted liability and are about to send me a cheque for a replacement car.
The insurance company is a reputable one. I am wondering whether its in my best interest to go though the third parties company for my legal representation. i dont want to have to front the medical or legal expenses but i would like to get the best advice.

Hey Morris,

Can you clarify? So you're happy with the proposed settlement figure for your car and a cheque is being drafted.... so that aspect is closed.

Regarding fronting medical or legal expenses... this is where your request is unclear. Are you pursuing a personal injuries case or do you just want them to cover your medical costs? Two different items...

Morris_fe1s

kennM wrote: »

Hey Morris,

Can you clarify? So you're happy with the proposed settlement figure for your car and a cheque is being drafted.... so that aspect is closed.

Regarding fronting medical or legal expenses... this is where your request is unclear. Are you pursuing a personal injuries case or do you just want them to cover your medical costs? Two different items...

Apologies for a lack of clarity.

I was injured quite badly. The lad who was at fault > his insurance company said they will sought the personally injury claim for me if i want at no cost to me. So i send them the medical bills and they send me a cheque. Then at the end they will make an offer for the physical damage or else i can goto the injury board myself or get a Solicitor.

It did strike me as a conflict of interest...

My insurance company said that i should go through hiss comp as he was at fault - i am fully comp - seems a little lame of my insurance company to be honest....

Pro Hoc Vice

Morris_fe1s wrote: »

Apologies for a lack of clarity.

I was injured quite badly. The lad who was at fault > his insurance company said they will sought the personally injury claim for me if i want at no cost to me. So i send them the medical bills and they send me a cheque. Then at the end they will make an offer for the physical damage or else i can goto the injury board myself or get a Solicitor.

It did strike me as a conflict of interest...

My insurance company said that i should go through hiss comp as he was at fault - i am fully comp - seems a little lame of my insurance company to be honest....

I am laughing so much I think I did a injury. You of course can just deal directly with the insurances company through their solicitor you acting as a lay litigant. But do you think that is really in your best interest. Do you know how to progress a Personal Injuries case if they don't settle, do you know what to go in PIAB or which court you bring the action in, do you know roughly what your injury is worth, what happens if they offer say €20,000 now and you accept and then discover you need further expensive treatment. If in doubt seek legal advice most local solicitors will give a free consultation and set out what can happen etc.

It's noting to do with your insurance company unless they have legal fees cover, your best bet is to get real independent advice.

kennM

Morris_fe1s wrote: »

Apologies for a lack of clarity.

I was injured quite badly. The lad who was at fault > his insurance company said they will sought the personally injury claim for me if i want at no cost to me. So i send them the medical bills and they send me a cheque. Then at the end they will make an offer for the physical damage or else i can goto the injury board myself or get a Solicitor.

It did strike me as a conflict of interest...

My insurance company said that i should go through hiss comp as he was at fault - i am fully comp - seems a little lame of my insurance company to be honest....

Wow..... thats an interesting approach.....

So in summary they are prepared to negotiate a settlement on injuries and cover medical costs (And their legal team are prepared to offer you advice, which I would assume would be on quantum, this would certainly be a conflict of interest and you can't be sure the advice on quantum you would be unbiased), or you are entitled to pursue a claim through the injuries board.

Couple of separate things here (Not a solicitor so not legally advising here... just personal experience). Your decision will depend on your personal preference.

(a) Negotiate settlement directly with insurance company - If choosing this route I would advise getting INDEPENDENT legal advice on what a fair settlement would be. The legal costs may be recoverable but I would doubt it. Naturally this would come to fruition a lot sooner than going through injuries board.

(b) Pursue your case through the Injuries Board - You'll see differing perspective on boards.ie regarding thoughts around injuries board regarding levels of settlements between court and injuries board. I'm not going to comment because I can't make an informed opinion.


My own personal advice I would recommend... PUT YOUR HEALTH FIRST. If you are still symptomatic, wait. You have 2 years from the date of the accident to lodge your claim with the Injuries Board. Ensure your injuries have settled 100% or you can a clear long term medical prognosis. Will this mean you are out of pocked for X amount of time, quite likely yes. The process is unfair in that regard.

One thing you can be sure, the insurance company aren't offering to negotiate up front on the basis that they want to give you more than the injuries board of a court would award..... every insurance companies interest is to get out of claims as cheaply as possible. I haven't seen generosity on any claim handler job specs in a while .

With good negotiation you may be able to get a comparable level of compensation as injuries board would offer but independent legal advice would be key there.

Pat Mustard

Morris_fe1s wrote: »

Apologies for a lack of clarity.

I was injured quite badly. The lad who was at fault > his insurance company said they will sought the personally injury claim for me if i want at no cost to me. So i send them the medical bills and they send me a cheque. Then at the end they will make an offer for the physical damage or else i can goto the injury board myself or get a Solicitor.

It did strike me as a conflict of interest...

My insurance company said that i should go through hiss comp as he was at fault - i am fully comp - seems a little lame of my insurance company to be honest....

Somebody injured you in an accident. Their insurance company is prepared to admit liability and settle.

The sensible option is to hire a solicitor, especially since you were injured.

I expect that the DIY brigade may be along shortly, to offer you some advice on how to carry out your own dental work seek compensation.

coylemj

OP, the above advice is worth heeding. You are an amateur negotiating with professionals and ethical and all as they may be, their interests are in keeping the compensation down to minimize their expenses. The fact that you are prepared to deal with them directly could in itself lead to a lower offer in the same way that a person who lets it be known that they want a quick settlement so they can on holidays next week will be offered less than the person who is prepared to get good independent advice and hang in there while his professional adviser does the job for which he is trained and has vastly more experience than you.

Morris_fe1s

coylemj wrote: »

OP, the above advice is worth heeding. You are an amateur negotiating with professionals and ethical and all as they may be, their interests are in keeping the compensation down to minimize their expenses. The fact that you are prepared to deal with them directly could in itself lead to a lower offer in the same way that a person who lets it be known that they want a quick settlement so they can on holidays next week will be offered less than the person who is prepared to get good independent advice and hang in there while his professional adviser does the job for which he is trained and has vastly more experience than you.

Can i ask online here who are the top 2-3 specialists for Personal Injuries Solicitors in Munster from someone who works in the industry professionally please?