Hit by uninsured; my solr incompetent

S

Setanta12

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1,193
Details of accident:-

Nov 2007 - Hit from behind coming into roundabout by Mr X, Mr X passed breathalyser but gave lapsed insurance details to me. Mr X was uninsured 6mths, it would appear.

My insurance company, once no correspondence was entered into by Mr X, reimbursed me for damages to my car and closed the case as the amount was not deemed worthy of further investigation due to sums involved.

Unfortunately I have whiplash. And am due to receive a consultants report soon.

My solicitor has been ignoring my calls to him - I think I owe him e200 to pay for the consultants report but despite 6 conversations (and voicemails) with him where he's always fobbed me off without telling me progress or what I need to do or indeed what to pay him, I'm getting a bit tired of it all. I also worry about running up a legal bill without getting aything from Mr X to cover my expenses.

My boyfriend then also says there's bound to be a statute of limitations aspect to all of this .. .... ...

... has anyone any advice ?
 
Sorry to hear of the accident and injury, but why did you not pursue a claim against the uninsured driver via the MIBI ? - http://www.mibi.ie/

Your solicitor and insurers should have advised you to seek redress this way as that is the organisation's purpose.
 
Why don't you just go and get another solicitor? There's plenty of them out there with little work on at the minute
 
Could my solr just turn around and present me with a bill for (ahem!) 'work' carried out ?

My b-half says I should do that tho - move to another solr - but I'm a tad worried anything I get would more-or-less cover my expenses without having to worry re more legal bills!?


(I will suffer from this for years to come - pain in back, debilitating some times - cannot move, at all - really can't!)
 
You proceed against the MIBI. Any solicitor doing any litigation practice will be familiar with the procedure - however the limitation period is two years - you may be out of time.
 
Thanks Nuac - someone told me that, hence my calls to the solr over past few months. However someone else said that that limit was for mechanical repair but that personal injury stuff has six years !?

(I did try their website!)
 
Try ringing your present solr and mention the words LAW SOCIETY..see if that lights a fire under their posterior.


daithi
 
your insurer paid for your car damage under their responsibilities and agreements with MIBI. If it was clear that other driver was uninsured and that he was uninsured, what further investigation would you have expected them to carry out?

You have instructed a solicitor. He should have sent an initial letter of claim to the uninsured driver and a copy to MIBI. he would then have received a form form MIBI for completion, which should have been returned to them. At that stage, MIBI would appoint some insurer/loss adjuster to both investigate and handle the claim. Correspondence should then pass between the handling office and solicitor.

Your solicitor must also put the claim through the PIAB process.

All of this can take time.

It dies not however excuse the fact that you are being ignored by solicitor.
 
I have seen so many cases of people persevering with a useless solicitor or useless accountant. Cut your losses - get a different solicitor.
 
Brendan said:
I have seen so many cases of people persevering with a useless solicitor or useless accountant. Cut your losses - get a different solicitor.
Click to expand...

I second that in spades.

While I'm at it and ( OT + FWIW ) I'd add doctors in there too.
 
Get a new solicitor. He's not doing his job and you can always counter if he comes after you for "expenses". If he can't be bothered doing the work you're paying him to do what are the chances of him pursuing you through the courts?
 
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