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Do you have to use your Insurer's choice of Solicitor?

Very often we find that clients who wish to instruct us have an insurer who objects – commonly because they want the work to be done by a Solicitor on their Panel – usually a cheaper, lower grade of Fee Earner and often somebody acting under the banner of a ‘Solicitor’ but not in fact qualified. 

An EU Council Directive implemented by the UK in the Insurance Companies (Legal Expenses Insurance) Regulations 1990 states, in summary, that if you have legal insurance you can choose your own Lawyer in any inquiry or proceedings.

The regulations do not apply to insurance policies providing civil liability cover (i.e. someone gets injured in your home), travel insurance and car insurance.

But if you have legal expenses cover on your household policy for instance (covering things like boundary disputes) you can choose your own Solicitor once Proceedings are begun.

Although the Insurance Company can insist on their own Solicitor until Proceedings are issued, they are unlikely to do so if you quote the Regulations to them and explain the Court of Appeal and the Financial Ombudsman Service have both stated that in complex cases they would expect the insured to be able to use their own Solicitor from the start.

Finally, this right should be expressly and clearly set out in your policy.

Any questions – pop in with your policy for a free consultation.

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