FREEDOM OF CHOICE OF SOLICITOR

The Insurance Companies (Legal Expenses Insurance) Regulations 1990 provide that insurers "…shall in the policy, afford the insured the right to entrust the defence of his interest, from the moment that he has the right to claim from the insurer under the policy, to a lawyer of his choice…"

The Regulations therefore provide that any persons who have the benefit of Legal Expenses Insurance in their car insurance policies, or other policies e.g. within their contents insurance policies has a right to choose their own solicitor.

Insurance Companies however, are denying their customers this basic right by insisting that their customers use their panel solicitors. This means it is unlikely that the customer would meet face to face with the solicitor dealing with their case. It is also likely the panel solicitor would be located in another part of the Country.

The issue has recently been raised with the Ombudsman by the Association of Personal Injury Lawyers (APIL) who represent solicitors specialising in personal injury claims. APIL supports the provision of Legal Expenses Insurance provided accident victims are not denied access to a solicitor of their choice, and that the insurers do not insist that their customers use their panel solicitors.

Although the Regulations appear to be clear, the Insurance Companies are creating obstacles to their customers by introducing conditions such as increased premiums or increased excess as an alternative to being bound to use a solicitor from the insurers panel of solicitors.

However, the Ombudsman is not a regulator and the regulations are open to misinterpretation. Nevertheless The Ombudsman has ruled in recent cases involving Cornhill Insurance and DAS that customers are entitled to select a solicitor of their choice. APIL and The Law Society are therefore seeking a meeting with the Government to discuses the possibility of secondary legislation to ensure that the Regulations are clarified and Insurance Companies are prevented from restricting freedom of choice.

In the meantime, the question remains, how can an injured person consult a solicitor of his choice to gain compensation where they have Legal Expense Insurance in place? The message is loud and clear, do not be bullied into instructing a solicitor not of your choice. You can exercise your right by informing your insurance company that you want to use your own solicitor, if your insurance company refuses to allow you to use a solicitor of your choice, you may put a complaint in writing to the Ombudsman in London – Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR.

The usual action taken by disgruntled victims is to consult a solicitor of their choice and come to some arrangement with their solicitor – the solicitor may even follow the complaints procedure through Ombudsman on their behalf. For further information, help and or assistance, contact Norman Jones by telephone 0151 647 7001 or by e-mail enquiry@normanjonessolictors.co.uk.

Quote:- Jean Harkin – Partner

"Accident victims can and should exercise their freedom of choice and their chosen solicitor can then fight on, on their behalf, giving advice and assistance to direct their complaints to the Ombudsman if necessary".

Quote:- Norman Jones – Senior Partner

"Victims should not be forced to deal with solicitors they don’t want. If they are being forced to use panel solicitors they should inform their Insurance Company that they will pursue a complaint to the Ombudsman stating they wish to exercise their right to freedom of choice of a solicitor".