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An accusation sometimes heard is that the rise of the no win, no fee solicitor has also caused a rise in the amount of fraudulent personal injury claims being made.
However, a no win, no fee solicitor should have no interest in a personal injury claim that he or she knows to be fraudulent, as it is very unlikely that a fraudulent claim will be won. The conditional fee arrangement, to give the no win, no fee scheme its official name, means that taking on a case that is likely to be lost is a very foolish decision.
It is not just the absence of a fee in a lost case. The costs of the defendant may be charged to the person making the unsuccessful claim. To protect their clients from this, a no win, no fee solicitor may have taken out ATE insurance to cover this eventuality, but claiming on this insurance will make future premiums more expensive. Yet not offering this cover would make a firm less appealing to potential clients. Read more about ATE insurance.
Some suggest that one area in which fraudulent claims may succeed is when insurance companies will decide to pay out on a dubious personal injury claim rather than engage with the case on the basis that it is cheaper than fighting. If this is true, it would cease to be so if the insurance companies' behaviour changed.
In cases where a no win, no fee solicitor does not know that a case is fraudulent, the issue may not be as clear. However, lying to your solicitor is never a good idea. Some no win, no fee firms reserve the right to make a charge if they later discover that they have been working on a fraudulent claim.
Making a legitimate claim with a no win, no fee solicitor
In many cases, the use of a no win, no fee solicitor is simply a way to allow a legitimate claim to be made. Without this arrangement, people unable to afford fees may well feel that the risk of not receiving compensation should prevent them making a personal injury claim.
If you believe you have a legitimate personal injury claim, YouClaim will be able to help you. We have a team of no win, no fee solicitors that includes experts in all aspects of personal injury law, all governed by the Solicitors Regulation Authority.
We are covered by ATE insurance; we promise to pass 100% compensation awarded in a successful case to you; and we promise that there will be no cost to a claim, win or lose, except in medical negligence claims. Read more about why medical negligence is different.
Our advisors are ready to discuss your case, on 0800 10 757 95, by e-chat, or will ring you at a time of your choice if you complete our call-back form. Our advice is free, and we will quickly be able to connect you with the best no win, no fee solicitor for your case.
