Injuries Board or Solicitor

topdost

I had an accident and I am will preparing a claim . What better going through a soliciator or injuries claim board . Thanks

hullaballoo

You are better off going through a solicitor, if you are prepared to accept the terms of business - usually that a certain amount of your award, if both parties accept the PIAB figure. If it progresses to court, you will need a solicitor either way (unless you want to try and negotiate legal proceedings on your own, which would be an unmitigated disaster and would ruin your life.) In that case, the majority of the costs will be paid by the side who loses the case. You would be hoping that's not you. However, you still need to be aware of and to discuss in advance with your solicitor any solicitor-and-client costs that might arise and what they are likely to be.

You can in theory do a PIAB claim form on your own but in my experience, this will be a complete waste of time and money for the vast majority of people who attempt these without professional legal advice.

In other words, it usually works out cheaper in the long-run to engage a solicitor ASAP in relation to a personal injuries claim.

Pat Mustard

topdost wrote: »

I had an accident and I am will preparing a claim . What better going through a soliciator or injuries claim board . Thanks

I agree with Hullaballoo, above.

Some people may suggest that they have made their own applications and that there were no problems. These people have no way of knowing whether they received value for money in their assessment of damages or not. It is fairly meaningless for them to say that they encountered no problems. It's like a blind person saying he saw no roadsigns.

If you hire a solicitor, you will receive advice as to whether you should accept or reject the assessment of damages and offers from insurance companies. If you don't, you won't have that advice.

You can make a personal application if you like and the insurance company will take you for a ride. If you think that they won't, you would be mistaken. It is the job of the claims handler to save money for the insurance company, and in this case, at your expense.

It is better to go through a solicitor.

topdost

Great stuff . Can you recommend anyone good ! PM me if not allowed on open forum as not sure how forum policy work on recommending the law firms .

Penny Tration

Pat Mustard wrote: »

I agree with Hullaballoo, above.

Some people may suggest that they have made their own applications and that there were no problems. These people have no way of knowing whether they received value for money in their assessment of damages or not. It is fairly meaningless for them to say that they encountered no problems. It's like a blind person saying he saw no roadsigns.

This. From experience, this is spot on.

I did it myself because I thought I was supposed to (ignorance, I guess!).

I got a settlement.

Turns out, after speaking to a family friend who specializes in this area (he wasn't a family friend at the time, obviously!), I would have very easily gotten triple what I accepted had I used a solicitor and done things properly.

And what I got ended up not covering unexpected, related medical costs.

So yeah - solicitor all the way.

Pat Mustard

Ah Jenny, ya didn't! :eek:

Just out of interest, I took a look at the Injuries Board website. I didn't see any mention of solicitors. Let's take a look at what guidance is given by the Injuries Board.

Link

Q. Can I submit a claim myself?

Yes. This is an administrative process and you can apply directly. If you decide to appoint any third party to submit your claim papers, you will typically incur a professional fee. Your medical report, wages, vouched receipts form the basis of your award administered by the Board's statutorily appointed assessors.

The wording is interesting. 'If you decide to appoint any third party to submit your claim papers, you will typically incur a professional fee', they say. What type of third party could they have in mind? The local bank manager, perhaps? Maybe some architect could take a stab at it? The word 'solicitor' is conspicuous by its absence. It's as if they would prefer if people were unrepresented during the process. I wonder why that could be.

And then there's another question:

Q. How much is my claim likely to be worth?

Click the following link for guidance to help you estimate the value of your claim: Claim Estimation tools .

Basically, here's the Book of Quantum; take a look at that and hope for the best. Not terribly helpful.

And another thing; I didn't see any warning about what happens if people don't accept the Injuries Board assessment, go to court and don't beat the assessment in court. What happens is that you don't get your legal costs and you may have to pay all or a portion of the other side's costs. That's a very serious matter which has severe financial implications but it has been ignored by the Injuries Board. That's a glaring omission. I wonder why the Injuries Board omitted that vital information.

The Injuries Board doesn't encourage claimants to seek legal advice or representation, doesn't even mention solicitors, doesn't give useful advice to people in their 'How much is my claim likely to be worth' section regarding assessments and doesn't warn people of the very serious risks that are involved, in relation to which people need legal advice.

The Injuries Board is an insurance company puppet, installed by insurance company influence over government.

The_Minister

What must be remembered is that the InjuriesBoard is a clearing house for claims - it's designed to make claims go away at an early stage to save legal costs (which is actually a worthy goal...even if it does kinda suck for us).

The Board are not there to get you a good award.
They are not there to help you.
They are there to make your case go away early.

They are neutral between you and the insurance company, but the insurance company deals with these cases thousands of times a year; you've never dealt with it in your life.
You're a newb going up against Ali, and the fact that there is an umpire there isn't going to save you from a pumelling.


Get a solicitor you trust, work out the PIAB fee in advance and good luck.