Accident claims question:
I have legal expenses insurance (£50,000) which I used for 18 months, then I changed to a more local solicitor and am on a Conditional Fee agreement. I want to move solicitors again (even my GP is saying she does not have my best interests at heart) but the legal expenses insurer's panel solicitors have said they will not take on my case. Does that mean I cannot access my legal expenses insurance and must forfeit it? Proceedings have been issued. Could I still find my own solicitor and ask the legal expenses insurer to cover them? If not, can I oppose the decision of the legal insurers?
Responses:
John Davis' response
Legal expenses insurers can sometimes choose which solicitors to appoint for advice and assistance up to the time where legal proceedings start – unless there is a conflict of interest.
However, once proceedings start, or if there is a conflict of interest, the law allows legal expenses policyholders to choose their own solicitors, so you can choose your own solicitors and still utilise your legal expenses insurance.
However, you should make sure that the indemnity limit is sufficient to cover the likely costs of your claim and if it is not, you may be well advised to opt for an alternative funding arrangement, possibly another Conditional Fee agreement. Your new solicitor can advise you on this.
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