Insurance claim

extra-ordinary_

I had reason to be witness in the lobby of the Four Courts today of someone going through the negotiating of a motor insurance claim where the other side had accepted liability. It seemed a bit of a horse market setup where the barrister is running back and forth between his client (my friend) and 'the Axa guy' telling my friend what the current offer amount to settle the claim is and offering advice etc. My question is, does anyone know other then the barrister and the insurance guy how the claim is finally settled?
The whole thing seems shrouded in some sort of underhandedness or something where the client never deals with the other side's insurance company directly.
So is it the case of the claim being settled for whatever the client is willing to accept and let the barrister line his pockets with whatever amount is above and beyond that?

coylemj

extra-ordinary_ wrote: »

I had reason to be witness in the lobby of the Four Courts today of someone going through the negotiating of a motor insurance claim where the other side had accepted liability. It seemed a bit of a horse market setup where the barrister is running back and forth between his client (my friend) and 'the Axa guy' telling my friend what the current offer amount to settle the claim is and offering advice etc. My question is, does anyone know other then the barrister and the insurance guy how the claim is finally settled?

It happens exactly the way you described, I have been through it with a family member, we sat in the lobby just like you while our barrister went in and out of a room negotiating for us with the other guy's insurance. The case will be listed for that day and if the parties cannot agree on a settlement, it goes in front of the judge. Settling beforehand removes the risk (for the insurance company) of a 'generous' judge and (for the claimant), a 'mean' judge.

extra-ordinary_ wrote: »

The whole thing seems shrouded in some sort of underhandedness or something where the client never deals with the other side's insurance company directly.
So is it the case of the claim being settled for whatever the client is willing to accept and let the barrister line his pockets with whatever amount is above and beyond that?

Your friend's barrister and solicitor are trying to get the best settlement for their client, the barrister for the other side is trying to push the settlement down so he looks good to the insurance company who may give him more business in the future.

There is no hanky-panky of the type you described. Barristers are freelance 'guns for hire' and on the day they are working on your behalf and for nobody else.

Royal Tara

I am the victim of a hit and run where the other party accepted liability from day 1. I am two years on and trying to settle my claim to avoid further stress and anxiety. Every way I turn between the Injury board and Zurich I am stopped in my tracks and left with no option but to hire a legal representative at €430 an hour not just to represent me but to sort my paperwork, phone calls, meeting me and meeting Zurich insurance. I now believe they are all in it to get money for themselves and none of them have my interest at heart, This could have been sorted by now. When I hear its claims that increase the cost of motor insurance I see red. Its the delays, red tape and paperwork that is causing it. 3 medicals for the injury board, 3 medicals for the insurance company and its not even close to a solution yet. What a waste of customers money. Fat cats benefit all the way and dragging things out with letters flying in all directions . One claim ever in 35 years driving and I am the victim with fully comprehensive insurance etc....This makes me feel like I am the culprit... beyond words.

Sue Pa Key Pa

Your solicitor is trying to maximise the amount you get and the insurer is trying to minimise the payment. Establishing a figure both are happy with is not easy

I had a simular problem with Zurich. I had the whole thing dragged out for years. I got more than I would be happy to settle for in the end,. the solicitors nearly got as much as I got. Needless years of communication and documentation receipts etc. I am also livid when I hear of claims being the cause of the increase in all our premiums. I also see red when I hear Claire Byrne and Pat Kenny etc and I am aware of why these costs are so high. I would have been glad to receive a smaller amount to avoid the stress and anxiety of the constant form filling medicals etc. This is all so avoidable I agree.

Royal Tara

I am glad someone else experienced this. My advice is avoid the Injury board at all costs as its a year prolonging the whole thing and numerous medicals etc, time off work. travelling etc. It cost me €45 to apply to Injury board. then €275 for a full medical as well as a half day loss of wages. All for nothing as they handed back the case to Zurich after almost a year, who messed around with legalaties for another year.
Red tape... money for the fat cats.

Sue Pa Key Pa

Royal Tara wrote: »

I am glad someone else experienced this. My advice is avoid the Injury board at all costs as its a year prolonging the whole thing and numerous medicals etc, time off work. travelling etc. It cost me €45 to apply to Injury board. then €275 for a full medical as well as a half day loss of wages. All for nothing as they handed back the case to Zurich after almost a year, who messed around with legalaties for another year.
Red tape... money for the fat cats.

The 'fat cats', as you put it are not the insurance company. As insurer for the person who caused your accident, they're picking up every bill that comes in on this, so it is not in their interest to prolong matters and increase the cost. it would appear that YOUR solicitor wasn't happy with the settlement being offered you and continued the fight with Zurich. They were representing you in this matter

How wrong you are. I had a claim against Zurich. I was happy to settle for what I believed through various advice what I was entitled to. The medical people and solicitors got more than I was happy to settle for and it dragged on needlessly for 3 years. I did get what I wanted in the end but all the medicals, injury board and legal fees and courts could have been avoided. The people paying premiums are paying for all this. I would love to be able to hi light this as I know the whole process is a gravy train for solicitors.