I read with interest recently an article in the April edition of the Association of Personal Injury Lawyer's (APIL) PI Focus Magazine by Martin Docherty, a chartered physiotherapist and expert witness. Mr Doherty said personal injury victims who are referred for physiotherapy directly by their solicitors invariably receive better rehabilitation than those who are referred by, or on behalf of, an insurer. He says this is because insurers use rehabilitation management companies that are motivated by profit and whose focus is obtaining the lowest cost rather than on the best therapy for the victim. Also there can be lengthy delays when awaiting authority from the insurer to extend the therapy beyond the course approved initially.
Mr Docherty concludes his article by saying:-
“Claimants who are referred by their solicitors to trusted providers almost always experience better quality of care. The rehabilitation management companies are run as businesses with profits seemingly trumping the quality of care offered to the Claimant. Sadly, many Claimants are unaware of the process following their accident and assume that they have to go with a firm of solicitors instructed by their insurance company rather than being able to appoint a local solicitor of their own. In my experience the panel firms used by insurance companies particularly favour the use of rehabilitation management companies and the resulting poor level of service.”
Here Mr Docherty touches on an issue that most would benefit from knowing a little more about. Accident victims need to be aware of their right to instruct a solicitor of their choosing and that such advice will be available free of charge. Choosing to go with the insurer’s solicitor will not be cheaper. What it means very frequently is that they will lose the opportunity of a face to face meeting with their solicitor, the claim is likely to be dealt with by a call centre outfit located anywhere in the country and it is often the case that the firms used by insurance companies have major Defendant practices.
There is one example of a well established Defendant firm in Liverpool that traditionally only acted for insurance companies in the personal injury field. This firm, that will remain nameless, has set up a Claimant branch under a different name and is understood to be fed work solely by insurance companies.
In my opinion accident victims are better served by going to Claimant lawyers who are passionate about fighting for their rights and protecting their interests. Many of the firms that are fed Claimant work by the insurers are also members of the Forum Of Insurance Lawyers, an organisation that has embraced recent government proposals that will see accident victims having to make a contribution towards their own legal fees from their damages and which lobbies against their interests. I don’t say there is anything improper about this set up I only wonder how accident victims would feel if they knew their lawyer ran with the hare and hunted with the hounds.
My advice to any accident victim is to instruct a firm of solicitors such as ours that is accredited by the Association of Personal Injury Lawyers, a not for profit organisation that is dedicated to fighting for the rights of injured people.
Richard Edwards, solicitor and head of our Personal Injury Department:-
