Help appreciated from you knowlegable people.
Our family car was involved in a road traffic accident, insurance details exchanged ect without any problems. However several weeks after the event we have been contacted by several different solicitors from various parts of the country claiming to be acting on behalfe of the other driver Mr XXX.
The letters are all worded along the lines of Dear Mr YYY we represent Mr XXX then gives brief description of accident, goes on to blame us for the accident then requests or could we confirm insurance details within 7 days or court proceeding will follow as they wish to persue losses incurred and personal injury to Mr XXX.
I have spoken to Mr XXX and he seems a genuine guy and confirms that he instructed no solicitor, indeed he is not injured but will be at a loss.At the advice of our insurance company we will acknowlege there letters and forward them to our insurance company to deal with.
Has anybody come across this type of behaviour before,it seems these solictors are trawling some kind of data base of accident trying to drum up businees.When you recieve this type of letter which is rather to the point and I consider threatening what can be done about it?have we sunk as low as the USA in that we have solicitors after blood money?
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rustbucket (the original)
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have we sunk as low as the USAin that we have solicitors after blood money? --
Seems entirely likely rustbucket, and sorry about yr accident.
I would be strongly inclined to urge all these firms in the rudest possible terms to go forth and multiply. Typical of slimy insurance men to want you to acknowledge, forward and leave them all to sort it out among themselves. How do you know they won't join forces against you?
The correct approach is the one used by Private Eye when threatened for libel by some double-dyed villain, as outlined above.
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im surprised your insurance company has told you to contact these 3rd parties.Why would they do that? or am i missing something?
Good luck by the way.
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>>im surprised your insurance company has told you to contact these 3rd parties.Why would they do that? or am i missing something?
Thanks for reply oldman,sorry for any confusion their advice was to aknowlege the letters and inform these solicitors to contact our insurance company with any further correspondence. This effectively gives some information ie the insurance company name but no other details,as it happens some of the solicitors already know this.
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rustbucket (the original)
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Yup
based on recent experience, you acknowledge reciept, and state they are being passed to your insurance co at xxxx. Say or do nothing else.
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TourVanMan TM < Ex RF >
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NB there really should not be several solicitors acting in a claim by one person arising out of the same incident - you might be contacted by one firm several times, or the initial firm(s) may have been de-instructed but there can only be one firm making the claim against you. Of course your insurance company will know that it has a complete defence to any spurious subsequent claims and will handle them accordingly.
Solicitors cannot act (and if you doubt their integrity, they cannot get paid either) without the instructions of the other driver (or his passengers, if any). Quite aside from that, how they would know that you were involved in an accident with the other driver if they hadn't been instructed? I'm afraid it's very likely that the other party has instructed solicitors and is simply too embarrassed to tell you that he wants to take you to the cleaners.
Realistically though, if the accident was your fault it makes no difference to you whether the other party is compensated for a cracked number plate or a cracked skull - your no claims is gone either way. If the accident was not your fault, your insurance company is probably more, not less likely to defend it if there is a fat personal injury claim attached, so the fact that solicitors have been instructed isn't likely to cause you too much harm except possibly leaving an outstanding claim open in your name for longer than might otherwise have been the case.
Simply have nothing to do with it, other than what the insurance comapny and its lawyers ask you, and let the insurance companies sort it out amongst themselves, which is likely to be the quickest and least painful outcome for you. (NB I am not saying that you should admti liability if the accident was not your fault, merely that there is no benefit to you in making a moral stand on anything).
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>NB there really should not be several solicitors acting in a claim by one person arising out of the same incident -
I agree but as there are several independent solicitors claiming to be acting on Mr XXX bahalf makes me think that they are trawling some sort of accident data base hoping to pick up some work,perhaps when they have collected enough details then to contact Mr XXX and offer their services.Mr XXX himself has already told me one company has offered its services to reclaim his losses, asking me if I had instegated it.How this would benefit me if I had instegated it I do not know.
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rustbucket (the original)
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PS>Mr XXX himself has already told me one company has offered its services to reclaim his losses, asking me if I had instegated it.
As a footnote the company that contacted Mr XXX was not any off the solicitors that have written to us, so its not clear what is going on.
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rustbucket (the original)
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If they have instructed multiple solicitors on a "no win no fee" basis they are pretty stupid. There would only be one payout and fees paid. The other solicitors would be claiming money off the third party. And if he loses he will pay all of them their fees probably. And he might not be due anything either.
Leave it all to your insurance I'd say.
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Believe it or not, solicitors are regulated. And as someone has already said, multiple firms should not have accepted instructions.
I should check on the Law Society website whether these really are solicitors. If they are, you need to acknowledge the letters and pass them to your insurer. I should also point out to my insurer that there have been letters from different firms, in case they don't spot it.
And if you have a situation where someone is holding himself out as a solicitor but isn't, then a criminal offence has been committed. I'd be inclined to report it to the Law Society.
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Stevie
Lakland 44-02 Sunburst
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Rusty, you really don't need to concern yourself with it. You dont need to worry if they are real, false or bogus. You dont need to care or know who or what they represent. It all gets punted off to the insurnace company who are experienced with dealling with all these parties.
In the bus incident, I had communication from the insurers of the bus, lawyers acting for the driver, and lawyers acting for the bus company. As long as you forward them all to the insurance company, with your claim reference you can just let them get on with it.
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TourVanMan TM < Ex RF >
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Believe it or not, solicitors are regulated.
By whom? Themselves presumably?
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>> Believe it or not, solicitors are regulated. By whom? Themselves presumably?
The Law Society so yeah, themselves ;-)
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The Law Society has a well documented inability to regulate itself...
"In recent years self-regulation by the solicitors? profession may be described as being in crisis. Failures can be seen at all levels, from the appropriate resolution of low-level complaints, to protecting the public from dishonest and other seriously miscreant solicitors. The Law Society has shifted its focus of attention in a variety of ways, but few of its efforts to date have made a significant difference. This article summarises some of the key issues which frame the crisis and attempts to resolve it"
www.ccels.cf.ac.uk/literature/publications/2005/da...l
madf
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Remind me.
Who regulates delivery drivers and commercial travellers?
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Law Society if they are actually solicitors. Plus your MP and the Sun newspaper.
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This sounds a bit fishy to me.
Only one firm can be instructed.
Pass it all on to your insurers.
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'could we confirm insurance details within 7 days or court proceeding will follow as they wish to persue losses incurred and personal injury to Mr XXX.' Your only legal requirment is to provide Mr XXX with the insurance details and any policemen at the scene who requests them. A lawyer has no legal right to your details and as far as threatening legal action, what's that about. Your right about these guys possibly having access to the insurance company data base they are share. This would explain why they have your address and the other party, are there really brief descriptions of accidents on the data base. I would not acknowledge the letters just forward them to your insurance company. Regards Peter
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An update
Have received yet another solicitors letter this one is worded similar to the others but asked to sign if the information is correct and ammend if necessary the sting seems to be that you are unwittinly signing to say you agree with the whole letter declaring that we were to blame due to negligent driving.Have forwarded all to our insurance company so that they can deal with these parasites.
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rustbucket (the original)
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