Legal Expenses Insurance, How to get the law firm you want!

[TC]

I know that recently quite a few people have complained about solicitors appointed by their insurance companies, and their lack of satisfaction regarding in the service they have been given.

Many people also believe that insurers can dictate who is appointed as their solicitor.

Well for what it is worth, I though t this might help you. These are the guidelines laid down by the Financial Ombudsman who regulates insurance companies, and where it might be particularly applicable is in motorcycle cases which by their very nature are very specialised.

In the issue dated April 2001, the Ombudsman states “… we consider that insurers should take a pragmatic approach. Where one firm is already familiar with all the background and is dealing satisfactorily with the case, it will generally not be sensible for the insurers to involve another firm, unless, for example, the new firm has superior expertise …”.

In March 2003 the Ombudsman also provided the following clear guidance, namely “… we consider that insurers should also agree the appointment of the policyholder’s preferred solicitors in cases that involve significant boundary or employment disputes (especially if there is a considerable history to investigate and assess)

More generally there are other circumstances where it may be unreasonable, or out of line with good industry practice if the insurer fails to agree to the appointment of the policyholder’s own choice of solicitor. This could be the case, for example where the policyholder’s own solicitors have already had considerable involvement in (and knowledge of) the issues giving rise to the dispute or related matters …”.

Using this argument might ensure that you get who you want, not what someone tells you you want.