Paulina tutaj jak już pójdzie info o wypadku w obieg, ze tak powiem, to nawet za kilka lat będziesz odbierała telefony od takich instytucji chętnych zarobić. A co do 50/50 to często stosują takie praktyki nawet jak nie Twoja wina to po pewnym czasie okazuje się, że to Twoja wina. Przechodziłam to tzn przechodzę od 2 i pół roku.

Jak nie chcesz odszkodowania, to nie ciagniesz sprawy, ktora otworzylas z prawnikami. W koncu Ty ich zatrudnilas, zeby sciagneli pieniadze dla Ciebie. Jak zmienisz zdanie, to rezygnujesz z ich uslug.

Co innego, jesli sa to prawnicy reprezentujacy druga strone.

A czy mogę zamknąć sprawę przed samym. Koncem tzn powiedzą mi że po na pol wina, a ja się nie zgodzę i powiem ze chce zamknąć sprawę. Kogo jeszcze wtedy muszę poinformować?

Kiedyś oglądałem program, gdzie kobieta poszkodowana w wypadku korzystała z usług wlasnie takich prawników. Niby "No win No fee" ale jak kobieta zrezygnowała w trakcie z ciągnięcia sprawy do końca, to wystawili jej rachunek za usługę. Nie chciała zaplacic i sprawa trafiła do sadu. Przegrala, a komornik ściągnął należność.

Nie twierdze, ze autorkę czeka to samo, ale proponowałbym przestudiować "terms of business".

[ Ostatnio edytowany przez: radzik77 14-09-2017 22:31 ]

Ale czy Ci prawnicy sa wynajeci przez Ciebie czy nie? Jak przez Ciebie, to oni nie oceniaja czyja jest wina, tylko maja udowodnic wine drugiej strony. Mozesz zrezygnowac z prowadzenia sprawy w ogole, tylko zobacz co masz w umowie, ktora zapewne z nimi podpisalas.

Ok dziękuję, przeczytam ta umowę z nimi.

Witajcie, w tej samej sprawie która ciągnie się i ciągnie.. Moi prawnicy proponują żebym wziela wine 50 na 50. Bo nie ma świadków jest słowo przeciw słowu. Jeśli przyjmę ofertę proszę powiedzcie mi jak to w praktyce wygląda, co stracę? Czy ja bede musiała jeszcze mu dopłacić? Dzięki

Po co Ci prawnicy, jak masz sie wpakowac w 50/50? To Ci przeciez nic nie da, a jeszcze pewnie zaplacisz za usluge.

Sprawa jest tak samo niejasna jak dwa miesiace temu. Jesli to firma trzecia, ktora namowila Cie na skorzystanie z ich uslugi, to absolutnie nie ma sensu zgadzac sie na 50/50.

Przeczytalas te warunki umowy i dowiedzialas sie jakie sa konsekwencji zamkniecia sprawy?

Co masz zgloszone w swojej ubezpieczalni? Zrobilas notification czy zrobilas u nich claim? Czy prawnicy sa powiazani z ubezpieczycielem?

Jak jestes na bakier z angielskim, to daj komus te wszystkie dokumenty do przeczytania albo wklej na forum skany bez danych osobowych. Inaczej nikt nie odpowie na Twoje pytanie, bo to jak zgadywanka i wroznie z fusow. Twoje wypowiedzi nie sa jasne.

Recourse Complete
This policy is evidence of the contract between you and the insurer. It is based on the information given to
us by or for you when you applied for this insurance. The policy, schedule(s) and any endorsement that may
attach to this policy shall be read together as one document.
Your policy cover
Your policy only covers you during the period of insurance and provided that:
1. you have entered into a funding agreement
2. you agree to pay the insurance premium, and
3. any proceedings are dealt with by a court in England & Wales, and
4. we believe that it is more likely than not that your claim will be successful.

The insurer will pay your opponent’s legal costs if:
a) a court orders you to pay them following a judgment made against you; or
b) your claim is discontinued by written agreement between us, you and your solicitor provided your
opponent has a right to recover their legal costs; or
c) your claim is successful but the damages you are awarded are less than, or deemed by the court
not to be more advantageous than, any Part 36 offer made by your opponent; or
d) a court makes a final judgment in your favour, unless under 1 c) above, but orders you to pay them.
2 The insurer will pay your solicitor’s reasonable disbursements other than barrister’s fees, reasonably,
proportionately and properly incurred by your solicitor on the Standard Basis:
a) following a judgment made against you by a court where such disbursements have been incurred
directly in relation to the action or part thereof for which judgment has been given against you;
b) if your claim is discontinued by written agreement between us, you and your solicitor; or
c) your claim is successful but the damages you are awarded are less than, or deemed by the
court not to be more advantageous than, any Part 36 offer, or payment into court made by your
opponent provided any disbursements claimed were incurred after the Part 36 offer was rejected.
3 The insurer will pay your reasonable disbursements, reasonably, proportionately and properly incurred
by your solicitor on the Standard Basis, reasonable barrister’s fees (where the barrister is not acting
under a conditional fee agreement or damages based agreement) if a court makes a final judgment or a
consent order is granted in your favour, except as under 1 c) or 2 c) above, but:
a) your opponent cannot pay what the court orders them to pay, or
b) the court makes no order as to costs.
4 The insurer will pay the insurance premium where your claim arises from a bodily injury and
a) you have the right to recover the insurance premium from your opponent because your claim is
successful but you cannot recover the insurance premium in full
b) i) you win but your opponent cannot pay what the court orders them to pay or
ii) you have a legal right to recover your insurance premium and the court makes no order as to
costs.
The most the insurer will pay under this policy is £100,000 unless otherwise stated in the schedule. Any
payment made under this policy will be made to your solicitor or your opponent’s solicitor.


You are not covered for any claim under this policy arising from or relating to:
1. costs incurred before you entered into the funding agreement unless otherwise agreed by us at the
time your cover started
2. any contract or debt claim falling under What is insured 3a)
3. any claim that is or is likely to be allocated to the small claims court
4. you discontinuing, abandoning, withdrawing your claim without your solicitor’s and our specific
written agreement
5. enforcement proceedings
6. a counter-claim against you or an appeal you make against the final judgment or court order
7. fines, penalties or compensation awarded against you
8. any agreement by you or your solicitor to pay opponent’s legal costs without our written agreement
9. any action relating to costs or insurance premium recovery
10. an application for Security for Costs.
11. Costs in excess of your proportionate share of common costs where your claim forms or becomes one
of a number of similar claims arising from or linked to the same originating cause and or opponent.

Policy conditions
Failure to keep to any of these conditions may lead the insurer to cancel your policy, and withdraw from your
claim. The insurer also reserves the right to recover from you any payments it has made under this policy
should this happen.
1. Your responsibilities
You must:
a) observe and keep to the terms of this policy
b) not do anything that hinders us or the solicitor
c) tell us immediately of anything that may materially alter our assessment of the claim
d) cooperate fully with the solicitor and us, give the solicitor any instructions required and keep
them updated with progress of the claim
e) provide us with everything we need to help us handle your claim
f) take reasonable steps to recover any costs that the insurer pays and pay to the insurer all costs
that are recovered should these be paid to you
g) pay to the insurer the insurance premium for your policy (including the applicable insurance
premium tax) and, following judgment or agreement with your opponent to settle the claim,
interest that shall become payable on the insurance premium at a rate of 8% per annum
(calculated on a daily basis)
h) tell the solicitor to have the legal costs & expenses assessed or audited if we require
i) minimise anything that the insurer has to pay and try to prevent anything happening that may
cause a claim under this policy
j) allow the insurer at any time to take over and conduct in your name the claim, proceedings or
investigation
k) notify us in writing if you want to change your solicitor
i) if we give our written consent to changing your solicitor before the start of legal proceedings,
or
ii) if legal proceedings are to be started or there is a conflict of interest and you exercise your
right to choose another solicitor, the benefit of this policy will be transferred to the funding
agreement with your new solicitor;
if we disagree with you about changing your solicitor before the start of legal proceedings but you still
change your solicitor, you may do so but unless there is a conflict of interest the benefit of this policy
will not be transferred to the funding agreement with your new solicitor.


2. The solicitor
Your solicitor must always agree to act under our standard terms of business and cooperate with us
at all times.
3. Consent
The insurer will not pay legal costs & expenses that have been incurred without our written consent.
You must agree to us having sight of your solicitor’s file relating to your claim. You are considered to
have provided consent to us or our appointed agent to have sight of your file for auditing and quality
control purposes.
4. Settlement
a) We have the right to settle any claim by paying the reasonable value of your claim.
b) You must not negotiate, settle the claim or agree to pay any costs incurred without our written
agreement.
c) If you refuse to settle the claim following:
i) a reasonable offer, or
ii) advice to do so from your solicitor
the insurer may refuse to pay any claim under the policy.
5. Barrister’s opinion
Where we believe that your claim does not have a better than 50% chance of succeeding, or there
is a dispute over the value of your claim, we may require you to obtain and pay for an opinion from a
barrister.
If the opinion supports you then the insurer will reimburse your reasonable costs in obtaining it.
6. Disputes
If there is a dispute between you and us about the handling of your claim you can make a complaint
to us as described on the back page of this policy. We will try to resolve the matter. If we are
unable to satisfy your concerns you can ask the Financial Ombudsman Service to arbitrate over
your complaint. If your complaint cannot be reviewed by the Financial Ombudsman Service it
will be referred for arbitration to an independent solicitor agreed jointly between you and us. If
an independent solicitor cannot be agreed upon, an arbitrator will be appointed by the President
for the time being of the Law Society of England and Wales. The arbitration shall be subject to the
Arbitration Acts and the arbitrator’s decision shall be binding.
7. Other insurance
The insurer will not pay any claim covered by another policy, or any claim that would have been
covered by another policy if this policy did not exist. If there is another policy issued by a different
insurer that provides cover for your claim, the amount that is insured under that policy as specified
in the schedule must have been paid and the limit of indemnity exhausted before your cover with
us can be called upon to make any payment. Should such other policy not respond to your claim for
whatever reason this policy will only pay in excess of the monetary amount that would have been payable under any other legal expenses policy (or policies) had such other policies responded.

8. Fraudulent Claims
If you make a claim which is fraudulent or false this policy shall become void and all benefit under it
will be forfeited.
9. Cancellation
a) You may cancel the policy within 14 days of its issue and you will not be liable to pay the insurance
premium.
b) If your claim is withdrawn by written agreement between us and your solicitor within 90 days of
the start date of your policy:
i) your policy is then treated as never having come into force; and
ii) you will not be liable to pay your insurance premium; and
iii) the insurer will be entitled to recover from you any payments made under your policy; and
iv) the insurer will not be liable to make any payment under this policy.
c) The insurer will cancel this policy immediately without any refund of the insurance premium, and
will reclaim any payments made under this policy, if:
i) you fail without good reason to meet any of your responsibilities under this policy; or
ii) your solicitor refuses, with good reason, to act further for you; or
iii) without good reason, you dismiss your solicitor.
d) The insurer may cancel the policy immediately, if:
i) your funding agreement ends for whatever reason, or
ii) your solicitor terminates their retainer with you
iii) we believe your claim is unlikely to be successful.
10. Acts of Parliament & Jurisdiction
All Acts of Parliament within this policy shall include any subsequent and/ or amending legislation.
This policy will be governed by English Law.
11. Data Protection Act 1998
It is agreed by you that any information provided to us and/or the insurer regarding you will be
processed by us, in compliance with the provisions of the Data Protection Act 1998, for the purpose of
providing insurance and handling claims, which may necessitate providing such information to third
parties.
12. Contracts (Rights of Third Parties)Act 1999
A person who is not a party to this contract has no right to enforce the terms and conditions of this
policy under the Contracts (Rights of Third Parties) Act 1999.
13. Payment to funders
Any payments made by the insurer under this policy shall be applied first to pay your liabilities to
any funder whose interest is noted on the schedule in priority to any other payment for which you
are liable.

Meaning of words & terms
Certain words and terms contained in this policy have been defined as they have the same meaning
wherever they appear.

Claim
Your claim for compensation or other remedy against your opponent or such a claim by them against
you.
Excess
The first amount of any claim you are liable to pay to us as shown in the schedule (if applicable).
Funding agreement
a) A conditional fee agreement, which is an agreement in writing between you and your solicitor or barrister
for paying their professional fees which is an enforceable conditional fee agreement that complies with
Section 58 of the Courts and Legal Services Act 1990 (as substituted and inserted by Section 27 Access to
Justice Act 1999), or
b) A damages-based agreement, which is an agreement in writing between you and your solicitor for paying
their professional fees in compliance with the Damages-Based Agreements Regulations 2013, or
c) Any other funding arrangement with your solicitor and agreed by us in writing.
Insurance premium
The premium payable for this insurance including insurance premium tax at the prevailing rate, which
becomes due and payable as soon as you obtain successful judgment or you reach agreement with your
opponent to settle the claim in your favour (whichever happens sooner).
The level of insurance premium you must pay depends on the stage which your claim has reached when
it concludes, as shown in the schedule.
Your solicitor will tell you the insurance premium that applies when you apply for this policy and will
send you a further schedule stating the insurance premium that applies if your claim reaches a further
stage.
Insurer
Brit Syndicate 2987 at Lloyd’s (written under unique market reference
B0356KA233D12A000 or replacement thereof).
Opponent
The party or parties against whom you are claiming compensation or other remedy or the party or parties
claiming compensation or other remedy against you.
Opponent’s legal costs
The legal costs, disbursements and barrister’s fees (and their insurance premium if recoverable from
you) of your opponent that you are liable to pay.
Period of insurance
Starts from the date stated in your schedule and unless Condition 9 of this policy applies lasts for the
duration of your solicitor’s retainer with you.
Small Claims Court
A court in England & Wales that hears a claim falling under the small all claims track in the County Court as
defined by Section 26.6 (1) of the Civil Procedure Rules 1999.


Mam cos takiego...