[Closed] No win no fee, the right thing? and recommendations?

If the driver wasn't insure (sounds pretty unlikely that they were) check out https://www.mib.org.uk/making-a-claim/claiming-against-an-uninsured-driver/ for some information.

If they were insured then the no win no fee is probably the best way to go, you'll get compensation for the injury, and the costs you've incurred will be repaid (time off work, medical expenses (e.g. off the shelf paracetamol, transport. child care etc.)

I think most policies have exclusion clauses if the driver is driving illegally OP will probably be going to the MIB anyway.

You might not need a Lawyer, just lodge a claim with them.

Who are you planning to sue? I suspect a DQ's, untaxed, no MOT car is also unlikely to be insured and the driver unlikely to have any meaningful way of paying you? So that leaves either the MIB or the Police.

https://www.mib.org.uk/making-a-claim/claiming-against-an-uninsured-driver

The police would only be a credible claim if they were acting negligently. I think you would want legal representation as they are likely to resist, and there would be significant debate about how liable they could be in the circumstances.

If its the former, then presumably the police will be reasonably cooperative by providing details of the incident and its cause, and then I doubt you really need a solicitor to make a claim via the MIB (I've never done it, and have no idea how resistant they are - but this seems like exactly the sort of thing they exist for).

The big thing you have to understand with these "no win = no fee" companies is that "win = very sizeable fee indeed."

I used one when I was taken roughly from behind by a large Polish gentleman a few years back. My experience was thus:

They made me an appointment with an osteopath or chiropractor or some other quack. He asked me some very leading questions and all but told me the "correct" answers, like whether I'd taken painkillers. I was 100% honest with him, I even told him at one point that I wasn't prepared to lie about it. At the end of the session he kinda gave me a knowing wink and told me he'd write up a "good report" for me.

They passed this on to the third party along with other details like receipts from a physio I'd seen under my own steam. The insurers came back with a settlement offer, they advised me to reject it which I did. The insurers made a better offer, I was advised to accept it and again I did. They then passed the cheque onto me minus their fee which was the first time such a thing had been mentioned at all, I don't remember the exact figures now but it was two or three grand and they took about a third of it.

If I were to go through the process again I'd probably do it myself, but having never made an injury claim before it was good to have guidance. Whether that guidance is worth a third of your compensation is a call only you can make.

I'd guess that a regular solicitor would be cheaper, you might not get the "no win, no fee" guarantee but it seems unlikely to me that you'd lose a case like this.

im an ex personal injury lawyer, for what its worth.

good advice above, have you done an askMID search for the driver's insurance details? You'll need reg number and date of accident.

If as assumed he's uninsured then just lodge an MIB uninsured claim. Ask the police for an accident reference if they've already notified you of their involvement.

If you involve solicitors then they'll expect you to sign up for a success fee that will be deducted from your compensation if you win. This is to cover their shortfall in costs recovery as there as the fixed costs from RTAs are pitiful. This will be a fee equivalent to 100% of your damages but will be capped at 25% of your damages plus VAT. This maximum (25%) is set by law and naturally solicitors will apply this benchmark. However, you may be able to shop around and get a lesser success fee (say 18 or 15%) particularly as the damages may be quite high.

MIB uninsured claims are different in that the MIB run the show and will arrange their own medical expert, which is now the only complication that a layman might struggle with. However, the expert may be a bit 'optimistic' / Defendant friendly (as the MIB is funded by the insurance industry) so damages could be less. A firm of solicitors might be able to use a Medco expert who could be more 'pessimistic' i.e claimant friendly. This is on the basis that your wife has whiplash which is a very subjective injury so is open to interpretation. if she has a fracture, god forbid, then there may be less divergence across the range of medical experts.

to be honest, I'd submit the MIB claim yourselves, provided there is confirmed no insurance. Most firms will also want to put in place an ATE insurance which is expensive and will be deducted from your damages. In the case of a straightforward accident this is not worth taking out.

Avoid Slater and Gordon. They are handling my claim via Cycling UK and it's a good job I used to work in insurance claims because I've had to hold their hand and guide them the whole chuffing way so far.

I've nothing to add other than I hope your wife makes a quick and full recovery.

Thanks everyone for the advice.

It has been confirmed that the scrote involved had not insurance, he has pleaded guilty and will be sentenced (hopefully custodial) later this month.

I have started the claims process with the MIB, which so far seems to be straighforward.

On the more important note, my wife's operations have 'gone to plan' and the surgeons involved are hopeful of a pretty complete recovery.

Thanks again all.
Matthew

Good news about the wife’s op’s hope she recovers fully and quickly.

from personal experience, be prepared for a long wait with the MIB, I am currently 3+ years in and still waiting for a final assessment and settlement. I "won" my case with them within 12 months, after that it has been visits to quite a few specialists, each appointment usually takes 2 or 3 months to come through. I have been told by the consultant who will write up the final proposal that 4 years is about normal.......

Our experience - my wife was involved in a seemingly innocuous accident back in 2007 and we were delighted to receive a nice lump sum payout for her whiplash injury. Fast forward to now and ongoing neck pain, regular trips to physios, culminating in severe issues earlier this year which left her unable to lift an arm very far, drive a car, sleep properly etc due to fusing of vertebrae in her neck causing swelling and pinching of nerves. Fortunately a mix of industrial-strength painkillers, sedatives and anti-inflammatories + intensive physio as well as several privately paid-for appointments with consultants and things have settled back down for now.

So what I am saying - do not necessarily just take a pay out, consider the longer term picture and don't let them pay off their responsibility.