Motorcyclist Phil Greig (49) from Banchory, Aberdeenshire broke his back in a collision with a car as he headed out for a summer ride with a friend on 24th May 2009.
He was riding on the B976 Strachan to Aboyne Road when a car pulled out from the Feughside Inn car park straight into his path.
Phil had a lawyer “appointed” to him by his insurance company but weeks went by and there had been little or no contact despite the serious injuries Phil had sustained.
The self employed garage owner, who was responsible for not only his employed apprentice but the welfare of his family, was left with very real concerns about how his severe back injury would affect his ability to work.
With no support being offered from his appointed solicitor and suffering from extensive injuries with financial implications for his future employment, Mr Greig felt like the system was letting him down.
It was only a chance meeting with specialist lawyer, Brenda Mitchell, at the Grampian Motorcycle Convention in Alford that things started to turn around for the better.
Only then was the full extent of the impact of his injuries investigated. Brenda even paid a visit to his garage and spent time looking at how Phil operated on a daily basis and what was involved in his business.
Phil said:
“I felt confident speaking to Brenda that she would take my concerns seriously as she took great care in learning about how much I had been doing before the accident and how much pressure I was under to ensure the future of my business.
“Brenda was very professional and offered great guidance on what should be happening with my case against the driver’s insurance company.
“I certainly benefitted from her expert guidance and she even managed to make sure I was able to continue working with the provision of new hydraulic lifting machinery which has been a huge help and I’m now able to do most of things I used to.”
Armed with a full understanding of Phil’s injury and his daily requirements, Brenda commenced Court proceedings against the Drivers insurers because liability was disputed. The case settled in Phil’s favour and the Compensation award helped to secure his future and the future of his business.
There was no reason for Mr Greig to use a solicitor appointed by his insurance company and as was proved, better that he had a specialist from the start who understood the realistic impact of his injuries. The significant impact of his back injury required careful and considerate handling.
There is often a financial relationship between an insurance company and their ‘appointed panel solicitor’ whereby the solicitor pays for the case. This can result in the service becoming process driven which may be acceptable and convenient for low value, straight forward claims, but may not be in the best interests of seriously injured accident victims.
Brenda Mitchell, of Motorcycle Law Scotland, said:
“Many people involved in road traffic collisions are all too often offered a panel solicitor and thereafter seem to get caught up in a “process” with their case being progressed by form filling. Yet, in serious injury cases in particular, it's vital the victim establishes a professional relationship with their lawyer and that can only be achieved with personal contact and not through a service driven by claims packs and economies of scale.
“Being injured in a road traffic collision is frightening and at the very least a sympathetic and holistic approach needs to be adopted by the profession and that should not be constrained by the financial implications of referral fees.
“Fundamentally, it’s the client that has to be placed at the centre of the process not the fees available to referring insurance companies and appointed lawyers. Mr Greig’s injury will affect him for the rest of his life. For that reason, people like him should never be seen as just another statistic.”