Batchelor: Clients feel they have to use panel solicitor
Two-thirds of drivers say they have never heard of the 2021 whiplash reforms, and six out of 10 “have no knowledge” of the three-year limitation period for personal injury claims, according to new research.
National law firm Irwin Mitchell also found that 52% of drivers would contact their insurer first after an accident, with only 7% consulting a lawyer.
The report, The recovery gap: What if the crash is only the beginning?, in part aimed to educate the public that they were free to instruct a non-panel solicitor – and should go to a lawyer before their insurer when they are injured.
It said there was a difference between “having the confidence to respond after an accident” and “actually following through with real-world knowledge and capability”.
A survey of 2,000 UK drivers over the age of 18 found that two-thirds of male drivers and more than half of female drivers (53%) felt confident they would know what to do following an accident, despite only 16% being aware of the “key legal steps”.
The oldest drivers had the least knowledge, with 84% of drivers over 55 unaware of the whiplash reforms, while younger drivers had the highest levels of confidence, with three-quarters of 25-34 year-olds feeling confident that they knew what to do after an accident.
On limitation, 59% of drivers had no knowledge at all of the deadline, 16% believed it was six months, while only 12% knew that it was three years.
There was limited knowledge of psychological injuries, with 19% of drivers completely unaware they could claim for them, and more than four out of 10 not knowing that they could claim for post-traumatic stress disorder or ‘severe driving anxiety’.
On the financial impact of an accident, 35% of drivers had no safety net if an accident caused them to miss three months of work and only 28% had considered how they would pay their mortgage or rent.
Less than half of drivers (46%) would not feel confident acting for an injured loved one as a litigation friend, “underscoring the ongoing need for clearer public guidance on deputyship and litigation friend procedures”.
The survey found that 9% of people would post dashcam footage of their accident publicly online, while 6% would post a comment about the other driver on social media – something Irwin Mitchell said it strongly advised clients against doing because of the evidential issues they could cause.
Partner Angela Batchelor said: “If an insurer signposts a client to one of their panel firms, the client often feels they have no choice but to use them. In reality, you are entirely free to instruct any independent specialist solicitor you choose.”
She added that there was a “massive misconception” that people had to wait for the criminal justice process to finish before they could start a civil claim.
“Criminal prosecutions can take several years to conclude in the current system. If victims wait for the criminal trial to end, they risk being timed out by the limitation period. The civil and criminal processes run entirely independently, but most of the public do not appreciate that.”