Legal Expense Cover - personal injury claim
Legal Expense Cover - personal injury claim
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Discussion

itz_baseline

Original Poster:

833 posts

251 months

Tuesday 20th July 2010
quotequote all
My colleague at work was a passenger in a car crash - nothing too serious, but got hit from behind and suffered whiplash (so he was in car A, hit by car B whose fault it was).

As part of the insurance claim, car B has admitted fault. My colleague is claiming for personal injury which should be successful (I'm not here to discuss the merits of personal injury claims - it's nothing to do with me). The solicitors acting on their behalf have said that they need Legal Expenses Cover in place should they lose the case and have told my colleague that they need to go away and have a look at their car and house insurance to see if any is in place, and if it is the HAVE to use that.

If they don't have any though, the solicitors will set up a legal expenses cover policy on their behalf (and the solicitors will take the hit for the cost if they lose).

So here's my question.....if my colleague has legal cover in place with their car or house insurance do the HAVE to use it (like the solicitors are insisting?). i.e. is it legal requirement that this has to be used. I understand why the solicitors would like to use his cover as it's already in place (to try and save costs), but I'm guessing there's a danger that if they are unsuccessful in their claim, the insurance of car B will claim the legal expenses against my colleagues insurance and therefore effect their no claims bonus?

Should my colleague tell them they aren't getting his insurance details no matter what (they won't be breaking the law by insisting the solicitors set up a new policy will they)?

Sorry if this doesn't make too much sense, hopefully someone has been through similar things before and knows the score....