No win no fee solicitors are destroying small bizz

[Avatar]

Hi, part of my job is investigating accidents and a huge amount of my time is spent protecting and defending my employer from these no win no fee solicitors, in my case it's generally employees claiming against the employer.

Firstly, putting something in the accident book does not deem you liable, not at all, investigations of causes determine that.

It sounds like you have an insurer who just want to pay the claimant off to keep the costs down, I've seen this so many times.

Disclaimers are not worth the paper they are written on.

Your insurance company should do a search against her and they would see outstanding claims she has, this is done as the norm.

If you are adamant you are not liable it's very important you tell your insures you want the claim defended in full. They should send a claims investigator out to you to go through your paperwork and your own internal investigation. Can I suggest you write a brief report of your findings to date linking to evidence as appendices where applicable. Put over your conclusion in the report as the competent person. Are any of your staff witnesses if so obtain witness statements from them.

Go to the supplier of the glue requesting the material safety data sheet for the glue, does it mention a risk of burns on there?

My experience with insurance companies is that whilst my company pay them a premium, I have to do most of the leg work when defending the claim because the claims investigator doesn't understand the industry or process or they can't be bothered to defend due to costs.

Should she have a claim at all then your insurer should at least go for contributory negligence but if you are 100% sure it wasn't caused by you then tell them you want it defended in full and a claims investigator sent out, that's why you pay your premiums for!

I hope this helps a bit a good luck

 

[nonkydyson]

Just to let you know that this is generally discouraged as disclaimers are not worth the paper they are written on, and do not stand up in court.

Thank you

 

[nonkydyson]

Hi, part of my job is investigating accidents and a huge amount of my time is spent protecting and defending my employer from these no win no fee solicitors, in my case it's generally employees claiming against the employer.

Firstly, putting something in the accident book does not deem you liable, not at all, investigations of causes determine that.

It sounds like you have an insurer who just want to pay the claimant off to keep the costs down, I've seen this so many times.

Disclaimers are not worth the paper they are written on.

Your insurance company should do a search against her and they would see outstanding claims she has, this is done as the norm.

If you are adamant you are not liable it's very important you tell your insures you want the claim defended in full. They should send a claims investigator out to you to go through your paperwork and your own internal investigation. Can I suggest you write a brief report of your findings to date linking to evidence as appendices where applicable. Put over your conclusion in the report as the competent person. Are any of your staff witnesses if so obtain witness statements from them.

Go to the supplier of the glue requesting the material safety data sheet for the glue, does it mention a risk of burns on there?

My experience with insurance companies is that whilst my company pay them a premium, I have to do most of the leg work when defending the claim because the claims investigator doesn't understand the industry or process or they can't be bothered to defend due to costs.

Should she have a claim at all then your insurer should at least go for contributory negligence but if you are 100% sure it wasn't caused by you then tell them you want it defended in full and a claims investigator sent out, that's why you pay your premiums for!

I hope this helps a bit a good luck

Avatar - at last the voice of reason, I have today had an email saying that the claim handler has left!! And I now need to speak to someone else! I do feel strongly that we closely follow our procedures, and cannot in any way see how we caused her "injury"

Thank you for your advice, I may seek legal advice through my NHF membership also

 

[Beauti-listics]

I really hope that the new person does more to defend you. Good luck xx

 

[Ruth Mills]

Avatar - at last the voice of reason, I have today had an email saying that the claim handler has left!! And I now need to speak to someone else! I do feel strongly that we closely follow our procedures, and cannot in any way see how we caused her "injury"

Thank you for your advice, I may seek legal advice through my NHF membership also

Let's hope the new one has more guts to stand up to the bully-boy "no win no fee" companies and isn't quite so work-shy, then...

 

[nonkydyson]

Update : after being told by my insurers they felt that they could not defend me in this matter! (they are basically saying its our fault!!!) - I sent an email complaining about their process and obvious fear of losing - I'm the one that who's insurance costs will increase!

Today I was contacted by the solicitor appointed to defend me! He feels we have a strong case! After seeing the MSD from Lash Perfect he concurs it is impossible for the products used to cause this injury he has to file my defence with the court in the next 4 weeks. I will update again when I know more

 

[izzidoll]

Great News!
Thanks for the update, and I hope it all goes well now you have a good lawyer.

 

[Lunarstorm]

Really hope you get this matter sorted in your favour ASAP, God the stress you must have gone through over this must have been huge.

Let us know how it goes.

All the best.

Sam xxx

 

[brittone05]

I am astounded that your insurance have so blatantly failed you so far hun abd I am hopibg that the solicitor appointed to you now kicks sone derrier in court and.highlights this womans obvious adoration of drama and greed! It is difficult ebough to earn a living these days without society parasites this client leeching our insurance premiums up. Do let us know the outcomes xxx

Sent from my GT-P1000 using SalonGeek

 

[AcidPerm]

I'm glad you've finally spoken to a solicitor.

It's always worth seeking proper independent legal advice in these matters and not simply trusting the matter with your insurance company.

They can take on both the litigant and the insurance company (re: premiums hike).

Good luck for a swift conclusion. x

 

[The Geek]

They are changing the laws on CFA's later this year, but who knows if it will be enough? CFA's and the Ambulance chasers that coax people into using them are parasites costing the tax payers countless.

 

[hippy-chick]

Update : after being told by my insurers they felt that they could not defend me in this matter! (they are basically saying its our fault!!!) - I sent an email complaining about their process and obvious fear of losing - I'm the one that who's insurance costs will increase!

Today I was contacted by the solicitor appointed to defend me! He feels we have a strong case! After seeing the MSD from Lash Perfect he concurs it is impossible for the products used to cause this injury he has to file my defence with the court in the next 4 weeks. I will update again when I know more

am made up for you that someone is pursuing this for you. Its the principle of the matter. well done for fighting the fight.

 

[lyndsylou]

I had exactly the same thing with my insurance about 5 years ago except that a member of staff sued me for cutting her thumb! She went into a storage cupboard in the salon despite being told infront of her client and mine not to do so and said she had cut herself and it would not stop bleeding
The cut was to the knuckle on her thumb and went half way across so you can imagine how small it was! Anyway off she went to A&E and took a week off work. Immediately after I went into the cupboard to see what could have caused such an injury but all that was in there was bed roll and products.

Next thing I get a solicitors letter about the "traffic accident" When I phoned them it was a "no win no fee" company and I was told it was a standard letter to inform me of a claim against me - very professional.
Her claim was for 10,000 pounds for pain and suffering and 5 pounds an hour for her husband to wash her hair for her!!!!!

Anyway long story short despite an investigator from my insurance company and from her solicitors doing a full Health and Safety inspection and neither of them finding anything wrong my insurers doubled my premium and said it was going to settle with her as it would be cheaper to do that than fight it in court. I tried to fight this as it made me look guilty but they went ahead and settled with her - she got 2,000 pounds and goodness knows what went to her solicitor.

One of my clients who was a solicitor told me she had to prove that I had been negligent in some way and the fact I had 2 witnesses to the fact she had been told not to go into the cupboard should have been enough to defend the claim successfully.

As long as insurance companies continue to have this attiude nothing will change and these parasites will continue to persecute small businesses.

I really hope this goes well for you

 

[nonkydyson]

Thank you all for your support - ay has been tempting to just give in, but I won't. Hilariously the insurance company are now sending out an investigator - to view my salon, interview me and my staff, check our procedures. What is totally amazing and utterly gobsmacking is that they only do this after 2 years 3 months of the allegation being made. I cannot believe that having agreed with me initially that we were NOT negligent why was an investigator not appointed at the time? They have really failed me to be honest, the best bit is that the investigator can't make it until the 19th, he then has to write up his report and get it to my "paralegal" who then has to write my defence, my defence has to filed with the court by the 27th march. Oh and notice was served against my insurers on 14th jan, but was not passed to a solicitor until 25th feb!!!!

 

[nonkydyson]

I'm glad you've finally spoken to a solicitor.

It's always worth seeking proper independent legal advice in these matters and not simply trusting the matter with your insurance company.

They can take on both the litigant and the insurance company (re: premiums hike).

Good luck for a swift conclusion. x

Once this debacle is over I will indeed be pursuing my insurers - who have already increased my premium!?!? Without even knowing which way the case will fall!