Changing Solicitors
No matter what stage your motorcycle accident compensation claim is at, it’s always possible to change Solicitors – and you don’t need to remain with the solicitor appointed by your insurance company. Changing Solicitors is easier than you think. It is a straightforward process as Scott and many others discovered.
There are many reasons for considering changing Solicitors, but perhaps the most common is a breakdown in communication. Perhaps, they’re not returning your calls or keeping you up to date with developments concerning your case? Perhaps, you feel their lack of knowledge of motorcycling and motorcycles is hampering your case? Maybe, you’re concerned about their level of experience in handling motorcycle accident cases?
If you’ve been involved in a motorcycle accident, it helps to have a highly experienced motorcycle accident lawyer on your side. Having one who also rides motorcycles and speaks your language is even better!
To ensure that you have the best possible legal representation, before appointing a solicitor to represent you, or changing to a new solicitor, you should ask a few questions:
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Who will be representing you?
You need to find out whether you actually have a qualified solicitor dealing with your case. Sometimes, organisations don't have experienced solicitors and instead they rely on paralegals, claims handlers or administrators to process claims.
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Did you choose the solicitor or were they appointed for you?
If a solicitor, or more likely an unqualified claims handler, has phoned you or written to you out of the blue, then it's more likely you will have a panel solicitor acting for you. These are firms who have cases directed to them from your insurer. The arrangements change from panel firm to firm and insurer to insurer. Sometimes, the insurer actually owns the panel solicitor or has a commercial arrangement with them. Usually batches of cases are sent to the panel firm and the panel firm could have as little as 24 hours to decide if they want to run your case.
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Is your personal injury solicitor never available to talk to you?
Does your solicitor ever return your calls or respond to emails? If you've had no contact for weeks or sometimes months, you should be dissatisfied. Trust your instincts. If your appointed representative (who may not even be a solicitor) seems to be getting out of their depth or cannot answer your questions, then change.
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Has there been a breakdown in communication?
The most common reason for wanting to change solicitors is a breakdown in communication. This may be because the solicitor is too busy, does not care or you are asking questions they either do not like or know the answers to.
Part of the job of a solicitor is to manage a client's expectations and then meet those expectations. When you're told that nothing can happen for a period of time, then you must wait, but at the end of the period you should then be hearing about things happening. You have a right to change solicitors, so you need to consider what you are unhappy about.
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Is it easy to change solicitors to Motorcycle Law Scotland?
It's easier than you think to change solicitors and we frequently take over motorcycle accident claims where motorcyclists feel that their current solicitor doesn't have their best interest at heart or isn't interested in obtaining the maximum and fair level of compensation for injuries caused by a motorcycle road traffic collision.
These appointed representatives may be paid a small fee by your insurer and cannot put any time, thought or effort into your case - or they just don't get what motorcycling is about.
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Will my Legal Expenses Insurance still cover me?
“Legal Expenses Insurance” policies, which are often attached to motorcycle insurance, are not actually worth the paper they're written on and are only a means of directing policyholders to the insurer's panel solicitor. Motorcycle Law Scotland work on a “no win, no fee” basis, so you have not costs to incur for running your case and you are also protected should your case end up in court and we lose.
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What questions to ask when looking for a new solicitor?
How much experience do they have of personal injury work and motorbike accidents? This should be evident on their website bio and through case studies and testimonials on the firm's website.
Do they specialise in motorcycle personal injury cases or do they do all sorts of other types of personal injury work?
Will a qualified personal injury lawyer/solicitor actually be dealing with your case?
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Why is choosing a solicitor who also rides motorbikes important for a motorcycle accident claim?
One of the most common problems we come across are lawyers or claims handlers who have no idea of the physics and/or behaviour of motorcycles when braking, accelerating, or cornering. If your lawyer doesn't understand how your accident actually happened, then how will they ever be able to present your case and represent you successfully?
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What is the process for changing solicitors to Motorcycle Law Scotland?
Phone us up on 0333 555 7782 and you'll be put straight through to speak directly to a friendly motorcycling Lawyer.
The solicitor will discuss your case and run through the reasons you want to change to Motorcycle Law Scotland.
We will then email a mandate form for you to sign electronically. This will allow us to request your file from your current solicitors. They must release your file immediately. They cannot contact you directly to try and persuade you to stay with them. This is against Law Society of Scotland rules.
- Do I have to pay my existing solicitor to move firms?
All firms will have their own Terms and Conditions which you should have signed when they first took on your case. Sometimes, it will say that you can't move to another firm without paying them in full for the work they have done on your case. Most firms, upon receipt of a request to transfer agency, will agree for payment of their fee to be deferred until successful conclusion, so long as their outlays are paid up front. Motorcycle Law Scotland will consider the prospects of success and, if reasonable, we will pay the outlays on your behalf to ensure swift transfer of your file.
DON’T SIGN UP WITH AN APPOINTED PANEL SOLICITOR WITHOUT READING THE TERMS OF ENGAGEMENT CAREFULLY, AS SOME PANEL SOLICITORS WILL INSIST ON PAYMENT OF FEES IN FULL ON TRANSFER
If you’ve been injured in a motorcycle collision and would like to change your solicitor or get a second opinion, call us now and speak directly with one of our specialist motorcycle lawyers on 0333 555 7782