Q. I am bringing a personal injury claim following a botched operation. My home insurance policy covers legal fees so that is good. However, the insurance company is insisting that I use one of their lawyers when I'd much rather use my own Solicitor (as I trust his guidance and am very comfortable with him). Can they do this?
A. Regulations state that an insurance company must provide the policyholder with the freedom to choose a lawyer whenever court proceedings are involved. Insurance companies have chosen to interpret this as meaning that the right only applies from the moment court proceedings start and their view is that they can therefore require you to use one of their lawyers before that point (they are of course aware that, in reality, by the time proceedings are started it is not usually practicable to change lawyers).
Whilst using the insurance companies lawyer is unlikely to prejudice a policyholder where minor claims are concerned, in more complex cases it can cause a problem and therefore the Financial Services Ombudsman have issued guidance to the effect that it expects insurers to agree the appointment of the policyholder's chosen solicitors in large or complex personal injury cases or where the policyholders own solicitor already has prior involvement in a case.
If you are unsure whether your case falls into that category, I suggest that you contact me with the details and provide a copy of your policy in order that I can review the position fully for you.
