Believe it or not, we were set up by mates and it was pretty much love at first sight over a full English and a proper mug of tea! Since then we’ve ridden all over on various holidays, having a blast.
Last year, for a change, I decided to hop on the back of my bike as a pillion, with my husband riding. Unfortunately, as we were filtering through town, a car pulled out from our left and we had a classic T-bone smash.
My insurer said we both had to use their panel solicitor and now after months of representing us both, they’ve written to me, saying there’s a conflict between me and my husband (we don’t know what they’re talking about) and I need to get a new solicitor.
In addition, my insurer got involved initially but now says my husband’s insurer (he was riding third party on his own motorbike policy) needs to sort it all out and we should have used their panel solicitor. Thankfully, our injuries all healed up in a year after physiotherapy, etc., but we seem to be nowhere near settling this.
Can you please give us some guidance.
Answer
First things first, your insurer gave you wrong information. You got injured, it is your case, and you can choose whatever solicitor YOU want from the start. You DO NOT have to use the insurer’s panel solicitor.
Next, whoever the solicitor is, s/he is about as much use as a chocolate teapot. It would have been obvious to any competent solicitor that you and your husband needed to be represented by two different law firms because a ‘conflict of interests’ may arise in them representing you both.
For example, if the car driver and your husband’s insurer made an offer to pay 50% each for your claim, your solicitor may advise you should accept that. That would be in your best interests. However, if you are represented by the same solicitor they may end up with a ‘conflict of interests’ because they may have to advise a 50/50 split should not be agreed in your husband’s case and he should battle liability at trial.
One, or possibly both of you now need a new solicitor depending on what has happened and potentially you both need to lodge a formal complaint with the insurance-appointed law firm.
Next, insurers. As your husband was riding by way of third party on his own insurance, your claim needed to be directed to both his and the car driver’s insurer from the start. If the car driver had a claim for damages, they needed to have directed their claim to your husband’s insurer, not yours, from the start.
All in all, your insurer and their panel solicitor are a bunch of clowns and caused you a lot of grief. However, it can be unpicked.
Andrew ‘Chef’ Prendergast
More Bikes – July 2024
