Seeking justice for under-settled motorcycle claim
Background
David suffered a motorcycle accident due to a driver's failure to give way at a roundabout in East Kilbride. The incident resulted in a severe wrist fracture and soft tissue injuries to his neck and hip.
Initial Legal Representation
David's insurance company assigned him a panel solicitor for his personal injury case.
However, the process seemed impersonal and revolved around form-filling. Despite a low initial settlement offer, the solicitor advised accepting it, later recommending acceptance of a slightly higher offer after initiating a court action.
Discovery of Under-settlement
Feeling uneasy, David contacted Motorcycle Law Scotland via Facebook. Upon reviewing the case, we discovered critical deficiencies: no statement from David, inadequate medical evaluation, and a settlement offer significantly below the claim's true value.
Legal Action Against Panel Solicitor
Motorcycle Law Scotland took on David's case, asserting a 'loss of opportunity' due to under-settlement. They collaborated with David to understand the full impact of his injuries, consulted a specialist surgeon, and exposed oversights in the initial legal process.
Negotiation and Resolution
After a lengthy process involving the Law Society of Scotland's professional indemnity insurers, Motorcycle Law Scotland secured an offer more than double the original valuation. David expressed gratitude for their professionalism and regretted not seeking their assistance earlier.
Key Takeaways
- Individualised Legal Representation - emphasising the importance of personalised attention. The case underlines that injuries and settlements are unique to each individual.
- Caution against insurer appointed Lawyers - encouraging individuals not to let insurers appoint lawyers and highlighting the potential cost of such decisions.
- Advocacy for independent legal support - recommending individuals choose independent lawyers who operate on a 'no win, no fee' basis, ensuring comprehensive support and fair representation.
David's Testimonial
"I can't speak positively enough as to just how professional and caring Brenda, and I have no doubt, all members of the entire firm are. I only regret not being in touch with them in the first place. If you are injured in an accident on your motorcycle and it's not your fault - THIS is the firm you need to speak to, nobody else. You couldn't be in better hands. Thank you"