Personal Injury - DIY or Legal Expenses Cover?

[shtu]

Without too much detail here I'm afraid, a bit of a question on progressing a personal injury claim.

Recently, we were involved in a major accident, which has left us with some fairly major injuries - two hospitalisations and likely months of recovery. The driver at fault admitted to the police he fell asleep, and has been charged with dangerous driving. We weren't even in a vehicle at the time.

We have a legal claims policy which came as a freebie with our home insurance. Speaking to them about using the policy for an injury claim, they want £250 excess, plus the cover is capped at £25k, after which we become personally liable for any other expenses.

I think that sounds like a fairly s**t deal, as it will buy maybe 100 hours of legal services, and bearing in mind the near-total certainty costs are recoverable from the other side.

I think it may be better\less risky to just deal with an injury lawyer directly. What do you think?

[TwigtheWonderkid]

I go with the legal cover you have. You can ask them to warn you when you're getting towards £25K. The £250 excess you'll get back and will probably be a drop in the ocean compared to the award.

Sounds like a pretty clear cut case, so the only argument will be over quantum (the level of compo) which is easier to resolve than arguing over negligence.

[andybracing]

and this is why everyones insurance costs so much, why should someone else pay, accidents happen, ive had life changing injuries that werent my fault, did i look for someone to pay, no im a grown up and took it as one of those things that happens, has it affected my life, yes, but i was in the wrong place at the wrong time, st happens, move on, i hate this blame culture we live in now

[Dingu]

I’m not sure I would say £25k of cover for free is a bad deal.

Depends how complex it is on whether that would be enough. As Twig says if they are to blame them it should be more straightforward than it could have been.

[Durzel]

andybracing said:

and this is why everyones insurance costs so much, why should someone else pay, accidents happen, ive had life changing injuries that werent my fault, did i look for someone to pay, no im a grown up and took it as one of those things that happens, has it affected my life, yes, but i was in the wrong place at the wrong time, st happens, move on, i hate this blame culture we live in now

The other driver fell asleep at the wheel and - it sounds like - run some people over in the process of crashing. Not sure how that qualifies as “st happens”.

[eldrich]

andybracing said:

and this is why everyones insurance costs so much, why should someone else pay, accidents happen, ive had life changing injuries that werent my fault, did i look for someone to pay, no im a grown up and took it as one of those things that happens, has it affected my life, yes, but i was in the wrong place at the wrong time, st happens, move on, i hate this blame culture we live in now

On the other hand if someone else has caused you harm that required major modifications as to how you live your life then why shouldn't they (or their insurance company) foot the bill. For instance if you live on the 2F of a place with no lift and suddenly you have an injury that will result in you not being able to climb the stairs, or climb the stairs with your groceries requiring you to move house to a 1 storey dwelling then why shouldn't the costs of that be covered by the person who caused the accident?

[mattyprice4004]

andybracing said:

and this is why everyones insurance costs so much, why should someone else pay, accidents happen, ive had life changing injuries that werent my fault, did i look for someone to pay, no im a grown up and took it as one of those things that happens, has it affected my life, yes, but i was in the wrong place at the wrong time, st happens, move on, i hate this blame culture we live in now

What a silly attitude. So everyone should just be able to go around doing what they want with no consequence?
Bizarre

[TwigtheWonderkid]

andybracing said:

and this is why everyones insurance costs so much, why should someone else pay, accidents happen, ive had life changing injuries that werent my fault, did i look for someone to pay, no im a grown up and took it as one of those things that happens, has it affected my life, yes, but i was in the wrong place at the wrong time, st happens, move on, i hate this blame culture we live in now

Firstly, everyone's insurance doesn't cost so much. The average car insurance bill is just under £500. With hundreds of thousands of young drivers and high risk drivers or drivers with high risk cars paying thousands, it means millions of people in the UK pay very little. My insurance is stupidly cheap.

Secondly, the price isn't pushed up by injured people claiming off bad drivers, it's pushed up by bad drivers injuring people.

Thirdly, grow up. Stop moaning about the victims of bad drivers, and start moaning about bad drivers.

OP, I hope you screw them for bundles, and the culprit's insurance bill goes thru the roof.

[TwigtheWonderkid]

Dingu said:

I’m not sure I would say £25k of cover for free is a bad deal.

It's not free, he's paid for that cover under is home insurance. And to be fair, it's not a great deal. Most legal expenses covers give £50K cover as a minimum, often £100K.

[Aretnap]

andybracing said:

and this is why everyones insurance costs so much, why should someone else pay, accidents happen, ive had life changing injuries that werent my fault, did i look for someone to pay, no im a grown up and took it as one of those things that happens, has it affected my life, yes, but i was in the wrong place at the wrong time, st happens, move on, i hate this blame culture we live in now

What a strange post. Would you have posted this rant if the OP had asked about claiming for the cost of a cracked bumper from a driver who went into the back of him at traffic lights? Or is it just things which are actually important that you think people shouldn't claim for?

[Dingu]

TwigtheWonderkid said:

Dingu said:

I’m not sure I would say £25k of cover for free is a bad deal.

It's not free, he's paid for that cover under is home insurance. And to be fair, it's not a great deal. Most legal expenses covers give £50K cover as a minimum, often £100K.

I was responding to this part really “ We have a legal claims policy which came as a freebie with our home insurance. Speaking to them about using the policy for an injury claim, they want £250 excess, plus the cover is capped at £25k, after which we become personally liable for any other expenses.

I think that sounds like a fairly s**t deal”

I know it’s technically paid as part of the premium and all costed in but still.

[shtu]

Well, it's good to see the driver's well enough to be posting on this thread.

But enough about him - anyone got any further views on the best approach? Thanks to those who've replied so far.

[Countdown]

OP - a family member was injured by somebody who was later done for DD. She used Slater & Gordon who managed to get her a reasonable payout (£25k). There were no costs upfront. I think she may have had to sign some forms that said she would be liable for costs if she lied or concealed anything which had a bearing on the case.

[Short Grain]

andybracing said:

and this is why everyones insurance costs so much, why should someone else pay, accidents happen, ive had life changing injuries that werent my fault, did i look for someone to pay, no im a grown up and took it as one of those things that happens, has it affected my life, yes, but i was in the wrong place at the wrong time, st happens, move on, i hate this blame culture we live in now

It was You driving wasn't it!

[SydneyBridge]

I work for a firm of solicitors and i get all of my work through Legal expenses for a large insurer. It is a good deal, non-Lei work normally has a 20% deduction from damages as cost are fixed in most claims.

£25k should be loads enough, especially if liability is admitted.

[shtu]

Cheers Sydney, good to know.

Better news is that I've found my trade union has legal expenses cover for non-work accidents via Thompsons, with no excess or costs limit. \o/

Got off phone with them earlier. The details go to the union to approve, so with a bit of luck we're sorted. If not we still have the £25k policy.

(edit - union approved, so we're good to go. )

Thanks everyone.

Edited by shtu on Wednesday 23 February 18:04

[Sticks.]

shtu said:

Cheers Sydney, good to know.

Better news is that I've found my trade union has legal expenses cover for non-work accidents via Thompsons, with no excess or costs limit. \o/

Got off phone with them earlier. The details go to the union to approve, so with a bit of luck we're sorted. If not we still have the £25k policy.

Thanks everyone.

That's good news. I think the key issue is when it comes to negotiating the amount, if your cover is limited and ultimately you couldn't take them to court (something you'd aim to avoid but) then you're on the back foot.

Don't expect that because the other side accepted liability/is prosecuted that the other insurer will automatically accept 100% liability.

Best of luck in this and for a speedy recovery.