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 ‘Chef’ Prendergast
Motorcycle Monthly December 2018