You may have guessed on our blog that we have a bit of a bee in our bonnet about a few things we see in our every day work. Don’t get us wrong we are not perfect (but we aspire to be ) but boy do we see some horrifying practice out there.
One that gets us really seething is third party capture. Well the good old insurance industry has responded to the bad press its got and how you cry ? Well its no longer third party capture - its now called third party assistance!! Phew – well that’s all right then……… Well actually its not and far from it.
Take a client of ours Mrs R. from Nottingham. Elderly sitting in a car as a passenger she was given a ruddy good shaking in an accident. The kind insurers phoned her and offered her £950 compensation. She never even thought of a claim. Her sensible son (a policeman no less) suggested she take a bit of advice before she decided and so she called us.
We saw her at her home for a no obligation assessment and from her description of her problems we recommended she said no thanks to the offer and that it was worth more. Anyway the offer went up slightly as a result when were mentioned to the insurers and then we got involved.
We secured £950 fairly sharpish as an interim payment and then on our clients instructions settled the claim for £6000. Yes £950 to £6000 in a matter of months. The insures also have to pay our legal bill so the client gets the full compensation with no deductions. Makes you think doesn’t it – How many injured children or vulnerable elderly are being diddled?
So if its too good to be true it usually is but there is always an exception to a rule. Us !
The FSA has recently published a document to make it quite plain to the providers of legal expenses insurance that they are not permitted to force you to use the solicitors they choose to send you to. The document is here. FSA warning.
So at long last the move gathers pace to enact a european law that which was inadequatley impliemented here initially and its clear the choice of solicitor is yours. Of course it may take a while for it to sink in at some offices but one expects the sham policies and the silly minor premiums for legal expenses will now come to an end. It will be an even playing field for the profession and competition can be fair. At last !!
Of course there has long been disquiet about the length insurers will go to inorder to make it awkward for clients to use non panel solicitors local to them. The insurers suggest that they best control quality that way. But staggering sums in the order of millions change hands to secure work for firms who join the panel and its not always for the better. Exclusivity is a boon for a legal expenses insurer. Yet some of those firms are ruddy good – I lectured to a few of them on a number of courses and they were just as committed as anyone else to securing fair and decent justice for victims of accidents. Some however are sadly not so good. So a word to the wise don’t look at the adverts and the decor check the person who actually runs your case it makes a real difference to many outcomes.
Well the Court of Protection is getting a “blog bashing” at the minute. The Court was specifically setup to provide some measure of oversight and indeed protection for those in the community whom are vulnerable and who lack capacity to conduct their affairs in the wake of the Mental Capacity Act 2005. These can be situations covering mental deterioration by age or other factors or when people have sustained such as brain trauma as a result of accidents. For a bit more back ground this link to the Office of the Public Guardian may assist: http://www.publicguardian.gov.uk/about/court-of-protection.htm
It’s not been an easy “birth” and practitioners and indeed the public do seem to encounter delay in the processing of applications. The Court intercedes in situations of some significant emotional distress and as a result may well be subject to a degree of criticism. We’d suggest its background purpose and its procedures might benefit from being more clearly available on the internet for people to access.
However, its perhaps unsurprising complaints arise when one considers that it is reported that the Court “hears about 23,000 cases a year”. Matters came to the fore when recently articles in the Daily Mail appeared and have caused some consternation with headlines such as: “Secret court seizes £3.2bn from elderly…” (Daily Mail 5.14pm 25.10.09).
If you are concerned about the situation then please do note that:-
1) The Court is not secret. It hears cases in private because deeply private family issues are discussed about a person with no capacity to decide for themselves issues such as personal health and financial welfare.
2) The Judges hearing the cases are not mandarins and are selected because of their compassion and abilities as Judges. We have met one recently and have no reason to change our view. Incidentally not all hearings are in London and there are nominated District Judges at regional hearing centres whom take cases to enable people to have their hearings local to them. Perhaps there ought to be a few more?
3) The Court seizes nothing. It makes provision to ensure that the funds belonging to the person subject to an order are managed appropriately. Before the “credit crunch” the sums invested historically did better than in the high street banks. Since the crunch the situation has altered but the sums are safe. It is reported that Mr Jack Straw Minister with responsibility for the Court has issued a review and if you would like to read a balanced view then perhaps we could suggest you view the following links:
a) Sir Mark Potters Speech Concerning the Court of Protection his comments of relevance start at page 6.
b) Mr Jack Straws press release by the Ministry of Justice
The Court is not without issues but we understand that with available resources provided the Court strives to help and not hinder. On occasion it probably does not get it right all the time and when it gets it wrong it should put it right as swift as possible – there is room for improvement but in closing it is rather noteworthy no alternatives are suggested ………………..
The BBC today reports successful prosecution of a 24 year old man jailed for 4 and a half years arising from a “crash for cash” conspiracy in Greater Manchester. Said to have charged £500 a time to cause the accidents the man earned approximately £46,000 and yet the scam is said to have cost £1.6 million for relevant insurers from “bogus claims”.
Professional compensation lawyers know the vital role insurers play in providing assistance to people injured by the negligent acts of others. There are national databases to keep records of claims which are checked by insurers but in this instance the location favoured by the fraudster was overlooked by an office and the staff at that office were suspicious of the frequency of accidents and seem to have triggered enquiries. One up for the good guys in this instance.
Further information can be located at this web link: http://news.bbc.co.uk/1/hi/england/manchester/8318338.stm
Its rare I ever feel compelled to review a book much less on this site but this is an exception. Babybarista was initially a blog published by the Times newspaper. The identity of the author was kept confidential and the blog was widely read. I came to it late. The authors identity was recently revealed and he is a widely and well respected Barrister in his own right.
The book is a “rollicking read” and it to my mind exceeds the hype on the cover. Personally I thought the story a promising hybrid between the great works of John Mortimer (Rumpole) infused with a feel of James Herriot. When finished I wanted to read the next instalment and I hope one arrives darn soon!
The plot is as one would expect from a Barrister tight and precise. The characters are sharply and quickly defined and that’s good because it leaves the story to concentrate on the central theme which is the unnatural selection fight between the central character “babybarista” and the three other young hopefuls. In the story we see how the dog eat dog world of the advocate is played out and how on occasion the skills that will keep this barrister afloat in the career ahead start to take shape in a world of hidden alliances and submerged risks. Somehow even though some of the things babybarista does are darn sneaky you still kind of think that he’d have survived anyway……
By the first chapter I was hooked and a few chapters in chuckling out loud expecially where some of the exchanges between the senior barristers and the Judges took place. I always wondered what happened to those whom in a sort of Harry Potter manner had the “sorting hat” of life select them for a life at the bar. I do hope this is not how it really is but yet how some of the barristers treat the Solicitors in the book makes me wonder if its not a bit more honest than it pretends. Tell you what …you buy a copy and let me know. Its a veritable bargin and worth every penny. I hope the author reads this and whats more some television producer does too because I could see this as a TV program I really could. The link to amazon is below:
http://www.amazon.co.uk/BabyBarista-Art-War-Tim-Kevan/dp/0747594643/ref=sr_1_1?ie=UTF8&s=books&qid=1251750589&sr=8-1
The Ministry of Justice announced today (1.7.09 ) that “Children under 18 left behind following the death of a parent through negligence will be able to claim additional compensation under proposed legislation…….
Changes to the Fatal Accidents Act 1976 will extend the categories of people eligible to claim damages for bereavement to include children under 18 for the death of a parent; cohabitants of at least two years’ duration for the death of a partner; and unmarried fathers with parental responsibility for the death of a child under 18. The ability to claim as a ‘dependant’ of the deceased person will also be extended to include any person who was being wholly or partly maintained by the deceased person immediately before the death….”
The consultation paper on the Law on damages also proposes “….changes to the law in relation to damages for gratuitous care, which is care provided for an injured person free of charge by relatives or others, and on aggravated and restitutionary damages, which are awarded respectively to compensate the claimant for mental distress caused by the defendant’s conduct and to take away unfair gains by a defendant….” Need more information? Cut and paste this into your browser:
http://www.justice.gov.uk/news/newsrelease010709a.htm
The Department of Work and Pensions has announced that osteoarthritis of the knee in coal miners will be added to the industrial injuries disability benefit scheme. The changes will take effect on 13 July 2009.
The Association of Personal Injury Lawyers reported that “the change means that any miner who worked underground for more than ten years prior to 1986 and has developed osteoarthritis will be entitled to claim the benefit.” Full details can be accessed from pasting the following link into your web browserhttp://research.dwp.gov.uk/mediacentre/pressreleases/2009/apr/124-09-150409.asp . If in doubt please contact your local citizens advice office for assistance.
From 6.4.09 in personal injury claims where the claimed value is above £1000 but not £25,000 will (unless there are other relevant factors) fall to be allocated to the fast track proceedure. With this in mind this is what the President of the Association of Her Majesty’s District Judges wrote this in the Law Society Gazette this week……..
“I believe there are worrying aspects in the way some fast track cases are handled. It is understandable that many insurance companies who are really the main players in road traffic claims ,instruct certain firms to conduct these cases in bulk…..what is less understandable and excusable is the low standard of preparation and of the service provided to the client in some firms.
A large volume of fast track road traffic cases is now handled remotely with the solicitors office possibly hundreds of miles from where the client lives. There is nothing instrinsically wrong in that,provided the service provided is satisfactory.But time after time,judges see litigants in court whether claimant or defendant,who have no idea of what is going on,and have not been properly advised about what to expect.
Usually they will be represented by Counsel and he or she will be the first lawyer they have engaged with since the litigation began…….surely doing high volume work using low grade fee earners should not mean selling the clients short by sloppy preparation.
The experience of going to court is not something clients are used to and the last thing they need is to feel they have been let down by their lawyers…. ” We agree totally!
(c) The Law SocietyGazette
Remember you do not have to use the lawyers the insurance company tries to divert you to for your claim and this is even if you have legal expenses insurance cover. So why use a lawyer who may not even be legally qualified and that you may never even meet? Call us on 01623 821531 .
A fib or a little white lie can be intended to create no offense and to do no harm – yet often the harm arises.
Yet white lies can end a career. That’s what happened to a widely respected former federal Judge in Australia. Fined as a result of a speeding camera for going a reported 6 miles or so over the limit (according to Reuters) the Judge who faced a minor fine of £30 or thereabouts denied he was the driver and named another person. The case was thrown out initially but astoundingly it emerged the person named as the driver had a slight problem – they had died years before the speeding event.
Not content to admit an error of judgment the judge who has held a significant number of distinctions including the United Nations Peace Award to name but one of very many compounded the error by then suggesting his elderly mother had been driving.
Needless to say the evidence discredited that too. In short the Judge was charged with a number of counts of perverting the course of justice. The result reported in March 2009 on the BBC website is that the eminent Judge was found guilty and sentenced to prison for 3 years. It was an error of judgment that was not capable of appeal and which brought to an end a Judges distinguished career. He forgot the ultimate rule in law and in fact in personal injury claims too – honesty is always the best policy.
Third party capture is a term used to describe a tactic employed by insurance companies when they divert injured people away from using local solicitors and often to avoid them using solicitors at all. The more shall we say unscrupilous insurers save money by offering settlements well under true value , avoiding you obtaining legal advice and thus you receiving everything to which you are entitled.
Consider this , we recently had a first offer of £4000 for a whiplash injury for a client which later settled after we issued proceedings for a sum in excess of £20,000. The insurers play on the fact that people might be enticed to accept from insurers lower settlements just to get it over with and not to claim all they are permitted to recover. Anecdotal evidence suggests our fears are grounded in experience of other solicitors with grim stories to report. Here is a link to the Guardians Web Site touching upon the issue just copy and paste it to your browser:
http://www.guardian.co.uk/money/2008/feb/17/insurance.personalfinancenews
Usually the defendant insurer will attempt to contact you direct by phone or in person most often its by telephone . They are persistent and work on you when you are most vulnerable and still in shock from the accident. Insurers may also encourage you to accept an offer without adequate or any medical investigation. The result is you can be significantly short changed.
The practice of this odious tactic is of concern to many reputable law firms and is the subject of on going review by the Association of Personal Injury Lawyers which is a not for profit organisation set up to promote the interests of the victims of personal injury.
There are a wealth of independent firms just like us throughout the country. Even if you do not choose us do get independent advice. If you are not certain where to go speak to your local citizens advice bureau and they will point you in the right direction. Its your choice – but isn’t it best to seek advice which will cost little or with us nothing before you accept something you later regret. As they say “all that glitters is not gold”.
Of course insurers will defend the practice by saying its the nasty lawyers who make them do it . The plain fact is that if the insurers did not seek to evade their clients legal duty to compensate fairly claims for personal injury the legal bills would be less. I think this is a balanced view based on 15 years insurance experience before becoming a claimant representative. Plus the view is supported by others too.
We’d be interested to hear your thoughts good or bad on the practice of third party capture. We will post for and against comments provided they are fair and accurate.
No you do not, especially if they take a cut of your damages and place you with a firm on the other side of the country. Unless of course you are happy with that arrangement.
If you are thinking about using one of these firms then do ask if your case will be assigned to a litigation manager or other title used to disguise the person handling your case has no legal qualification at all. If your happy then fine after all its your choice.
We regularly get these claims management companies contacting us inviting us to join their panel. If you are one of those companies reading this blog then in short – no thank you.
One firm used a case in the media we had won and linked it to their “contact form” . They made it look like they were the ones that won the case and worse named the child and topped it off by linking the name of the solicitor here at Lee Solicitors to their site. We were unhappy (to state it mildly) and ask if they are so good why do they need to put cases on their site in which they have no involvement ? We invited them to remove the entry and to do so within 48 hours or we were intending to roll our selves up and get stuck in. The entry went off line very sharpish!
We sometimes do a bit of detective work (we are good at that here as one of the team used to investigate claims for a living). We found one “firm” was actually far from what it purported to be . Do not get us wrong there are some very reputable ones out there and some are run by solicitors whom thought “cannot beat them join them”. Thats one way of doing business.
We recently were asked to represent a law firm in the midlands that had a big dispute with one of the shall we say more suspect claims management companies. No sooner did litigation get going seeking substantial damages for breach of contract than on the fax came a notice of a creditors meeting. They had decided to declare insolvancy…….
So really whom you use is your choice. You can use a claims management company. You may have to pay them a cut from yout damages for doing little except passing your case on for a fee paid by the lawyers whom are on their panel. But if you do , ask them how much they get for your case and then make certain they will be around when you want to complain……….
Truth be told we have got really fed up spending inordinate amounts of money to tell people there are new personal injury solicitors in Mansfield.We were rather getting to feel like the “A team” you know “if you need us and you can find us may be you can hire the A team”. Anyway Lee was in the garden working the land and mulling the issue over when the air was ripped by the rotor blades of a big yellow helicopter shifting low level and towards the hospital on a mercy mission. An idea was born……
The idea firmed when the folks in that machine landed in the village Pub Car Park to aid a person who had a problem. Quite how they did that when we can barely park in that car park beats us all but they did. The idea crystallized when one of our Occupational Therapists was fighting to save a child of a friend stung by a bee and in systemic shock. The relief of seeing the South Yorkshire Helicopter and the paramedics with the life saving equipment did it .
So we decided we would rather use our money for something worthwhile. So from 1/4/09 to 1/5/09 inclusive , for every client that comes to us in the month of April as a direct result of this web site alone we will send to the Lincolnshire and Nottinghamshire Air Ambulance £200 of our money.
It does not come from your compensation. It comes from our pockets. We will also send you a copy confirmation that the money was sent and received. Below is a picture of Gareth handing over the first cheque. Can you tell we are no good at corporate PR! So call today. We want to get the donations flowing. If the take up is good we may extend the scheme for longer……..
We are pleased to announce that Lee McIlwaine of Lee Solicitors has been selected to Chair a national conference on personal injury compensation claims in London in May 2009.
It is really great that a specialist personal injury solicitors firm based here in Mansfield has been asked to contribute in this way. It promises to be a great event and guest speakers will be including Kerry Underwood a leading figure both nationally and internationally in the development of personal injury law.