I had an accident in July 2015 after I was rear ended by an HGV in London.
My insurer forced me to go with their recommended solicitor and since then it’s been a nightmare. I have had eight different paralegals run my claim; they lost my entire file after about a year and asked me for all the evidence I sent them again; and then they closed an office and moved.
In September 2018 a litigation technician (whatever that is?!) wrote to me asking me to sign a form saying that I discontinue my claim as it was over three years since the accident and I hadn’t issued court proceedings. It also said I get legal advice. Have I just wasted three years?
As a point of note, if you’re the injured biker, it’s your choice as to who you instruct to represent you in your claim. I get calls every week from poor people who have gone with solicitors recommended by their insurer and it’s gone wrong.
There are some great firms out there, but there are also some who seem to stack ’em high and sell ’em cheap and it’s been claimed that some have even used unqualified people to run cases. As for what a ‘litigation technician’ is, I have no idea.
Usually if you’re a solicitor, you call yourself a solicitor. Turning to your situation, due to the Limitation Act 1980, you had three years from the date of the accident to settle your claim against the HGV driver or issue court proceedings against him/her.
I suspect your current solicitors have cocked up and missed the deadline. My advice is you instruct other solicitors who specialise in professional negligence claims to look to sue your insurer recommended solicitors for your losses that have arisen due to them being useless.
Andrew has been riding motorcycles since he was 10 years old and currently rides a ZZR1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.
Disclaimer: The legal advice and statements contained within this/these articles is correct at the time of printing. If you are seeking legal advice after a motorbike accident please contact us to speak directly with one of our lawyers.
About Motorcycle Monthly
The MCM legal column is compiled by managing partner Andrew 'Chef' Prendergast and his bike-riding barristers and solicitors at White Dalton Motorcycle Solicitors.
The firm deals with personal injury claims and its sister company, Motor Defence Solicitors, deals with all the motoring offences.
White Dalton lawyers have a vast knowledge of bike law, and they have full bike licences, too. They don’t act for insurance companies or the prosecution.
White Dalton is Britain’s premier specialist motorcycle law practice, and if its professionals don’t know the answer to your question, there probably isn’t one. Don’t rely on the advice from your insurance appointed solicitor, get proper independent advice.