Insurer in Hot Water after Allegedly Settling Compensation Claims Deliberately
posted on Feb 16, 2018
Haven Insurers Find Themselves in Hot Water at the Supreme Court
In an on-going battle between Gavin Edmonson Solicitors and Haven insurers, the insurers found themselves in some hot water. More specifically, according to the Law Society Gazette, Gavin Edmonson has accused Haven insurers of not only setting low RTA value compensation claims. This was particularly for six claimants and it overrides the protocol of lawyer fees. On top of this, Gavin Edmonson Solicitors has also accused them of intentionally doing this. The Law Society took the case to the Supreme Court. This was after winning the case at the Court of Appeal. The amount that the law firm is claiming for is up to £12 500. Of course, this would be the fixed solicitor fees. These are the fees that Haven would have paid if they had not settled the compensation claims.
Haven Insurers Attempt to Escape Hot Water: Denies Claims of Intended Compensation Settlement.
The newspaper claims that the insurer has defended itself from allegations of a deliberate compensation settlement.
The insurer said that this event of compensation settlement was rare. They stated that it was not a usual practice. Beyond this, the insurers went further to say that the relevant clients were satisfied with their fast response.
Gavin Edmonson Solicitors Accuse the Insurer of Deliberate Action in Compensation Settlement Case
According to the newspaper, The law firm claims that the insurers had cheated them with this action overriding the ‘pre-action’ protocol. Furthermore, one of the draftsmen of this protocol claimed that the actions of Haven Insurers were quite astounding. The representative argued for the right of equitable intervention, claiming that this puts the honesty of the compensation claims process and business at risk and that the jurisdiction of equity could be flexible to the changing legal ages.
What is the Pre-Action Protocol for Low-Value Road Traffic Accident Claims?
The 31 July 2013 pre-action protocol for low-value RTA or road traffic accident claims has many aims. Its aims are, as the Justice website states to make sure, “the defendant pays damages and costs using the process set out in the Protocol without the need for the claimant to star proceedings”. Secondly, that the concerned party pays the claim within a sensible timeframe. Lastly, and more relevantly, that, “ the claimants legal representative receives the "fixed costs at each appropriate stage.” It is this last aim that the law firm, Gavin Edmonson Solicitors, have seen Haven insurers as being in breach of.
The Supreme Court is still in the process of hearing the case. Although, Haven insurers are definitely in hot water for what may be purposefully settling compensation claims. Enjoy a smooth compensation claims process by using our solicitor portal. Find a solicitor that can help you get the compensation you deserve.