No win no fee solicitors are destroying small bizz

[nonkydyson]

To cut a long story short my company is being sued by a client. This has been going on for nearly 2 years! My insurers, having seen all our comprehensive records of the client, her treatments etc. The salon policy and correct valid qualifications agree that we are nit to blame and have disputed the claim. On renewal of my insurance I noticed it had gone up £500?!!! On ringing them they tell me that it is because of the claim. They didn't increase the premium last year though?! I ask how can they increase the premium when nothing has been settled or paid out? I am told that they have to put a value on the claim should it go against us. I then ask that if it then goes in our favour and nothing is paid out do I get my increased premium back - NO I am told!!! Further probing reveals that if it goes to court and we loose we will also have to pay court costs etc so maybe we should just accept liability ? I ask how much the settlement is looking like and am told £8 to £10k - but here's the rub, she will likely only get £2k the rest goes to the "no win no fee" solicitors!!! So because I was advised to deny and defend the costs have escalated - a lot! But now my insurers say pay! Had I known any of this in the beginning I would have offered her a grand of my own money to save me all this nonsense - the only winner here is her solicitors, my premiums will stay at this ridiculous rate for 3 to 5 years costing me £2k plus, and worst of all it wasn't even our fault!!! so my message to you all is that if you think someone is going to claim against you offer to make a settlement!?

 

[Beauti-listics]

Oh my giddy aunt! How awful for you, I feel your pain.
May i ask what the claim was for? xx

 

[emmamb]

With all insurance-business,car,home etc u are supposed to inform them of anything that happens even if you don't claim. That way they can make a calculated risk assessment and nicely increase ur premiums. It's a load of ribbish but unfortunately not much u can do-personally I'd carry on fighting ur case cos now the premiums gone up it won't go down and shouldn't go up if u lose xx

 

[nonkydyson]

Oh my giddy aunt! How awful for you, I feel your pain.
May i ask what the claim was for? xx

Uhmm quite - she had lash infills ( her 14th) she said we burnt her skin near her eye,? There are no products on our premises that are capable of burning skin!

 

[nonkydyson]

With all insurance-business,car,home etc u are supposed to inform them of anything that happens even if you don't claim. That way they can make a calculated risk assessment and nicely increase ur premiums. It's a load of ribbish but unfortunately not much u can do-personally I'd carry on fighting ur case cos now the premiums gone up it won't go down and shouldn't go up if u lose xx

Ha - yes we did that but guess what the letter from her solicitor (Erwin Mitchell no win no fee) turned up before we had any chance to negotiate with her. My insurers won't let me fight it if they think there is a chance of loosing! I'm screwed. Don't really see the point of insurance anymore! For as long as there are these mercenary solicitors who are allowed to operate in this fashion we will continue to be robbed, premiums will continue to rise and there will no longer be such things as accidents. I am seriously considering getting clients to sign a disclaimer stating that they use these premises and have treatments at their own risk and that we except no responsibility!???

 

[Ruth Mills]

Does she have any permanent scarring? If she hasn't then her "claim" sounds frivolous in the extreme! Shame you can't counter-sue her for libel!

 

[nonkydyson]

Does she have any permanent scarring? If she hasn't then her "claim" sounds frivolous in the extreme! Shame you can't counter-sue her for libel!

Well medical evidence has arrived, 2 years later, saying there will be permanent scarring. We are simply unable to account for the Mark or even if it happened When she was with us! I have a copy of the accident book which clearly shows the advice that we gVe her, she did not seek medical advice, she (against our advice) told me she put nappy cream on it when she got home ! I also told her not to put makeup on it until it had healed - 3 days later she was pictured all over face book with her face caked in greasepAint for fancy-dress! I have the pictures so do the insurers! - the insurers seem to be running scared - it's as though they just want to roll over and pay out, I fail to see that they are really acting in my best Interest.

 

[AcidPerm]

Have you taken any proper legal advice? I mean, rather than just the advice from your insurers. (In my experience, staff who work in claims depts. are not usually legally qualified.)
If it is a frivolous claim, the courts will see this. If she is claiming injury and negligence then she will have to prove her claim with solid medical evidence. She will have to prove that not only did she suffer injury but that your service caused the injury and from what you have said, this seems highly unlikely.
If it was me, I would dispute the claim and following the case, I would probably refer the issue of increased premiums to the Insurance Ombudsman.
Some people try it on but judges aren't stupid.
(Well most of them anyway :lol

 

[Claireh]

What accident happened to require it to be noted in the accident book? I would seek independent legal advice, some solicitors offer this for free. Sounds like your insurance company aren't being very helpful. X

 

[Beauti-listics]

oh my word! Did she produce photographic evidence of this burn?
Sp eyelash glue should not come into contact with the skin. which is why you are advised to patch test by applying a couple of ee in the corner of each eye, rather than ptch test on the arm or behind the ear like you would test tint etc.
what eyelash glue are you using?
who is your insurer? Most will do anything to avoid paying out.

I wish you the best of luck and you must keep us informed xx

 

[bombini]

How awful for you :sad:

I have noticed a lot of hair/beauty salon incidents in the papers recently.

Have you decided what you are going to do with regards to the court option?

In 2009 someone drove into the back of my car, in no way my fault, and when I came to renew my policy my premium went up about £400. I did change to another insurer but it was still higher than the previous year. The annoying thing was that the guy who drove into me then crashed his car into 3 parked cars several hours later I only found this out because his insurers sent me a copy of the police report claiming my car was not involved with the claim, had they been doing a thorough job they would of realised he'd had two accidents in the same afternoon !!!

Hope you get everything sorted. Its scary to thing about things like that. I just always assumed that if anything ever happened my insurance would take care of it and I would carry on regardless, quite a naive view now I think about it.

 

[Blue Rose]

Aww how awful for you. It's not something very nice to have to go through (been there, got the t-shirt, was pregnant too at the time)

Someone mentioned earlier about going to see a solicitor. I'd be very wary of doing that as you may prejudice your claim & then your insurance company really will have nothing to do with it.

As for the other party, it's up to them to PROVE that you were negligent. If they can't then you should stand your ground. If you cave in, it may make your former client think that you WERE negligent.

You know what people can be like :irked:

 

[Lolly22]

How awful for you :sad:

I have noticed a lot of hair/beauty salon incidents in the papers recently.

Have you decided what you are going to do with regards to the court option?

In 2009 someone drove into the back of my car, in no way my fault, and when I came to renew my policy my premium went up about £400. I did change to another insurer but it was still higher than the previous year. The annoying thing was that the guy who drove into me then crashed his car into 3 parked cars several hours later I only found this out because his insurers sent me a copy of the police report claiming my car was not involved with the claim, had they been doing a thorough job they would of realised he'd had two accidents in the same afternoon !!!

Hope you get everything sorted. Its scary to thing about things like that. I just always assumed that if anything ever happened my insurance would take care of it and I would carry on regardless, quite a naive view now I think about it.

Oh no really? This happened to me in march there. Hope my insurance don't go up in feb when it's time to renew.

 

[nonkydyson]

oh my word! Did she produce photographic evidence of this burn?
Sp eyelash glue should not come into contact with the skin. which is why you are advised to patch test by applying a couple of ee in the corner of each eye, rather than ptch test on the arm or behind the ear like you would test tint etc.
what eyelash glue are you using?
who is your insurer? Most will do anything to avoid paying out.

I wish you the best of luck and you must keep us informed xx

I am aware it shouldn't come into contact with skin, there was no glue on the skin even if there had been it is not corrosive and would NOT burn the skin - the glue is black and surgical grade she had had over 14 treatments and we only use the product supplied by our trainer - lash perfect - There is no rational explantation for what she found on her skin. We also use collagen eye patches to hold the lower lashes down. Patch test had been done - behind ear and no products had been substituted or changed. Insurer is Sun alliance

 

[Lolly22]

And to the op, this sounds awful! I cant believe a woman who had it done 14 times before would do this to u. I know it is common to become sensitive to the lashes all of a sudden one day. But I think this woman is hamming it up! I do hope it works out for you.

 

[Blue Rose]

Oh no really? This happened to me in march there. Hope my insurance don't go up in feb when it's time to renew.

I guess it depends on which insurance company you're with.

I got rear ended last July & my premium didn't go up. Am still dealing with solicitors about my personal injury claim.

My car then got hit in the bumper this July by an old boy who misjudged the parking space at Sainsbury's.

Then I get hit in the side of the car last week so am dealing with insurance & solicitors again.

As I'm still with the same insurer's as last time & have witnesses pointing the blame at the other parties, my premiums shouldn't go up!

 

[shedunlop]

I think the way your own insurers are behaving is appalling, who are they? I, for one, would like to know who they are. They should not have let this get this far, the stress of it alone is awful for you!

 

[nonkydyson]

How awful for you :sad:

I have noticed a lot of hair/beauty salon incidents in the papers recently.

Have you decided what you are going to do with regards to the court option?

In 2009 someone drove into the back of my car, in no way my fault, and when I came to renew my policy my premium went up about £400. I did change to another insurer but it was still higher than the previous year. The annoying thing was that the guy who drove into me then crashed his car into 3 parked cars several hours later I only found this out because his insurers sent me a copy of the police report claiming my car was not involved with the claim, had they been doing a thorough job they would of realised he'd had two accidents in the same afternoon !!!

Hope you get everything sorted. Its scary to thing about things like that. I just always assumed that if anything ever happened my insurance would take care of it and I would carry on regardless, quite a naive view now I think about it.

Apparently it is not my decision whether it goes to court!? I know what you mean about the insurance taking care of it !, I wish . It just seems to me that in the name of saving money, and as these cases become more frequent the solicitors more persistent, the insurers just roll over and pay put because they are scared of a negative court outcome!! I feel that they have let me down, have backed me initially and on the evidence I gave them said we were not responsible and would deny liability. So on their advice and (without being told that the longer it went on the grater the claim - or that they might chnge their mind) I have dragged it out and now as a result am going to be penalised with higher premiums all because I stood up for mysel!!!!

 

[nonkydyson]

And to the op, this sounds awful! I cant believe a woman who had it done 14 times before would do this to u. I know it is common to become sensitive to the lashes all of a sudden one day. But I think this woman is hamming it up! I do hope it works out for you.

Thank you - it wasnt around her eyes it was almost on her temple!!! - she has also sued various other business.s for slips trips and falls!,

 

[Blue Rose]

Then why on earth are your insurers being complete wimps over it all?