Freedom of choice for accident victims
If you have been the innocent victim of a road traffic accident you will very quickly find yourself being pushed towards claims handlers, repairers, hire companies and solicitors who you have not chosen and who you do not know.
Firstly your own insurer may have “sold” your claim to a firm of solicitors or claims handlers; this could be any firm anywhere in the country or even abroad. You do not have to pursue your claim through a firm like this and not doing so will not affect your position with your insurance company. If you have been injured your claim should be dealt with by a member of APIL (The Association of Personal Injury Lawyers) who will be a specialist lawyer who represents only accident victims.
Your insurer might also want you to use their repair centre or their car hire company. Again you have the right to have your vehicle repaired by a garage of your own choice provided the garage meets industry standards and the costs are agreed and you can choose your own car hire company provided their rates are not excessive. Choosing a garage or hire company you know and trust will not affect your claim.
Secondly the other party’s insurance will also want you to use their repair centre and their car hire company, again you are not obliged to do this. More worryingly many insurers will now suggest that your claim can be settled without going through a solicitor. Injury claims are complex and many solicitors fear that claims that are settled direct by the other party’s insurance company will be settled at undervalue.
If you have an accident you need to remember:-
There is no requirement that you use any solicitor, garage or car hire company offered to you by your own insurer.
There is no requirement that you use any garage or car hire company offered to you by the other party’s insurer.
You have the freedom to choose who deals with your vehicle and with your claim. Our advice is:-
If you know or have been recommended to an experienced injury solicitor - use that solicitor.
If you know a reputable garage or there is a garage familiar with your car – use that garage.
If you are approached by a claims handler there is no need to go through them to make a claim.
