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What to do if you are not happy with your whiplash claims solicitor
If you have suffered a whiplash injury as a result of a road traffic accident you may be in the process of making a claim for whiplash injury compensation. What should you do if you are not happy, for one reason or another, with your whiplash claim solicitor? Do you have to stay with them for the duration of the claim or can you change to a new solicitor? Will you be charged for changing solicitors half way through your claim? This article addresses these questions.
Quite often, people who have sustained a whiplash injury and are making a claim for compensation for their injuries are ‘new’ to the whole process of making a claim and to having regular contact with solicitors, medical experts and insurance companies. This can often be a daunting time and people often ‘put up’ with less than acceptable service from their solicitor as they either do not have any expectations of the level of service they should be receiving, or they are unsure whether there is anything they can do about it once the claim is underway.
Common reasons that people are unhappy with their solicitor include –
- not having their calls or emails returned, in good time or at all
- solicitor not prepared to make a home visit
- solicitor not explaining procedures to them
- not being kept up to date with developments
- not listening to what client has to say and being unapproachable.
It is a common misconception that a person who suffers a whiplash injury and wishes to make a claim has to go with the solicitor recommended by their insurance company. This is not the case – an injured party is free to choose any solicitor they wish to help them with their claim. An insurance company will simply ‘sell’ your claim to whoever is prepared to pay the most amount of money for it.
If you are in the process of making a claim and are feeling that, perhaps for one of the reasons stated above, you are unhappy with your current solicitor you are entitled to look for a new solicitor and ask them to take over your file. You can find a solicitor by searching on the internet and checking that they have the right experience and that you will feel comfortable in dealing with them. You will not have to pay the legal costs of your previous solicitor as these will be reclaimed by your new solicitor, and paid back to them, at the end of your claim. You can change your solicitor at any point during your claim if you are not happy.
In summary, it is very important that you are happy with the service you are receiving from your solicitor and that you recognise your right to change your solicitor – without charge – if this is not the case.
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