Legal Expenses insurance - Do I have to use theirs?

[whizzkid001]

General question - am I bound to have to use my insurance company's panel of solicitors or can I choose my own from the outset?

[citizenB]

Is there anything in the policy documents ?

 

I will ask for you anyway

[honeybee13]

Hello there.

 

Have you spoken to them and asked? We've seen this a few times on the employment forum and I get the impression the insurers want you to use their people. I hope some of our insurance people may have seen this and will comment.

 

I certainly wouldn't spend money on legal advice and expect it back if it hasn't been agreed.

 

My best, HB

[whizzkid001]

Hello there.

 

Have you spoken to them and asked? We've seen this a few times on the employment forum and I get the impression the insurers want you to use their people. I hope some of our insurance people may have seen this and will comment.

 

I certainly wouldn't spend money on legal advice and expect it back if it hasn't been agreed.

 

My best, HB

I haven't asked them directly as yet no, as I'd wanted to check what the policy actually states first. Unfortunately I've lost this and so have to await a copy before I can check the policy wording. If anyone meantime does have any experience, with Axa or any other insurer, I'd be interested to hear.

[unclebulgaria67]

Depends on what legal expenses product you buy. You really have to check the policy terms. Many will accept you using your own solicitor, but this is normally totally at the discretion of the Insurers. I don't know of policies that automatically allow you to use your own solicitor.

 

If you phone Insurers and ask questions, you might find it a bit frustrating, as the Insurers are likely to say that using your own solicitors would be at their discretion and would depend on the situation involved. If you then asked about a hypothetical situation, they will probably say that they cannot answer based on a hypothetical situation.

 

Have a look at your Home Insurance for any legal cover to see what that covers. It is normally an optional extra, so you may not have it. You can buy legal expenses cover separately from brokers, but these can be more expensive. There are also some companies that can arrange the cover online.

[Ganymede]

What kind of claim is it for? Is it personal injury or something else?

 

You have the freedom to use whatever solicitor you like, the problem is who pays.

 

If you are using a solicitor on a Conditional Fee Agreement, or 'no win no fee', then they will do the work with your insurers and will usually be appointed post issue and costs will be indemnified from that point. Up to then you remain on the CFA.

[whizzkid001]

What kind of claim is it for? Is it personal injury or something else?

 

You have the freedom to use whatever solicitor you like, the problem is who pays.

 

If you are using a solicitor on a Conditional Fee Agreement, or 'no win no fee', then they will do the work with your insurers and will usually be appointed post issue and costs will be indemnified from that point. Up to then you remain on the CFA.

It's to sue my bank actually. It may well involve FOS too and bringing a Judicial Review...

[Endymion]

There has been a recent judgment on this matter. I attach a copy of the article from The Gazette and the approved judgment (if you need to throw this at them).

 

http://www.lawgazette.co.uk/news/law-firm-wins-freedom-battle-over-non-panel-rates

 

http://www.nwdpublishing.co.uk/wp-content/uploads/2011/10/Brown-Quinn-v-Webster-Dixon-LLP.pdf

 

Whilst this ruling goes someway to allow you to choose your own solicitors, it does also still give some freedom for them to turn down the request. You need to concentrate on whether your chosen firm are specialists in the file, close location etc to try and prove you would be better off with them.