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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71040
Experience:  Over 5 years in practice
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Had a car accident 19 Jan 2011 last year was contacted by solicitors

Customer Question

Had a car accident 19 Jan 2011 last year was contacted by solicitors saying i could put a claim in for personal injury for me and my daughter. Had to see a doctor who in turn did a report. Since this happened my daughter has received her compensation but mine was delayed because of confusion with my medical report. This was resolved and early November i received a phone call from my solicitor saying i would receive 3899.99. A few days later received a letter stating the claim as been settled and in 45 working days i would receive the cheque for this amount. On thursday 2 Jan received a phone from solicitors to say i have been awarded 2000.00 pounds. This is what i am complaining about as i have it in black and white that i had been awarded the 3899.99 and signed by my soliciter and need to know where i stand legally. Thank you for your attension.
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

What would you like to know about this please?
Customer: replied 4 years ago.

Am i legally entitled to the amount stated in the signed letter from solicitor and verbally to about this amount. If i am legally entitled how do i go about claiming this money.

Expert:  Jo C. replied 4 years ago.

You queried the discrepancy with them?

What did they say?

Did you accept a higher offer?

Have you accepted the lower offer?

You have not had the cheque for £2k?
Customer: replied 4 years ago.

Was told the claim hadbeen settled at 3899.99 and confirmed by letter. The solicitors contacted me 2 jan to say i had been awarded 2000.00 pound. I told them i had received a letter confirming i had been awarded the higher amount. Manager of the solicitores phoned me 3 jan to say my acting solicitor was on sick and theletter had been sent in error. My solicitor would be back in work next week and so i need to know where i stand.

Expert:  Jo C. replied 4 years ago.

There is actually more to this than the difference between the two amounts.

They cannot settle the claim unless you agree. They should have written to you with the offer and explained whether it is reasonable.

It is for you to choose to accept it but they must give you the choice and advise you the ramifications of not doing so.

They cannot simply come along and say that they have settled it without your consent regardless of the amount.

If they have done then you can complain.

There is then the issue of the two differing amounts.

What they should have done is told you that there is an offer of £3899 and ask you whether you wanted to accept it.

Presuming they did and you agreed, they should have put the £2k offer to you as well. If you refused to accept that then they should have gone back to the insurance company.

If they have made a mistake you have cause for complaint to make to the complaints partner. I would do that in writing.

If you are not happy with the reply from the complaints partner, then tell him that you will refer the matter to the Solicitors Regulation Authority to have them decide on the matter.

Hope this helps. Please let me know if you need more information.