In road traffic litigation, the question isn’t simply how a lawyer is paid – it’s whether they are paid for the work they do. Every task, every minute, every action is scrutinised, categorised, challenged, reduced, or disallowed by regulators, guideline tables, costs judges and subjected to somewhat amorphous proportionality tests. As absurd as this sounds, it is very real.
To illustrate the point, imagine applying the same approach to two everyday emergency trades.
The Plumber: The Time-Spent Scenario
A tenant calls a plumber at 2 a.m. Water is pouring through the ceiling. Before he can even leave his driveway, he must work out whether the regulator will classify this as time-spent work or a fixed-fee job. The classification has nothing to do with the actual leak or the difficulty.
When he arrives, he heads upstairs, assesses the damage, identifies the source of the leak (Stage One), and fetches the parts he needs from his van. But before he can repair it (Stage Two), he must stop and produce a fully particularised budget listing every step, every minute, and every cost. He sends it to the landlord. Minutes later, the landlord sends back his “response budget,” having stripped out at least two-thirds of the work the plumber has said is necessary.
They argue. They escalate. An independent third party – who can see both sides but doesn’t necessarily understand the technical realities – picks a number somewhere in the middle. That becomes the budget.
He can now continue, but only within the confines of this reduced plan, even though it no longer allows him to complete the repair properly. Any self-respecting plumber would have walked away long ago – but in this world, the next job will be governed by exactly the same rules. And the next. And the next.
Once his work is done, he must submit a fully itemised bill – every minute, every action, every product fitted, every tool. The householder produces his own version, removing items, reducing others, and excluding some of the materials already fitted. The same independent third party adjudicates again. Even on a good day, the final bill ends up around 15% lower than the plumber‘s already drastically stripped down bill.
The Electrician: The Fixed-Fee Scenario
Now consider a different emergency.
A tenant phones an electrician at 11 p.m. Half the house has gone dark. The regulator always classifies this job as a fixed-fee case. On paper, it looks simple: Stage One – identify the fault; Stage Two – repair it.
When our electrician arrives, she inspects the fuse box, traces the dead circuits, and identifies the failed junction (Stage One). She then spends the next hour navigating boxed-in cabling and inaccessible fittings. She completes 99% of Stage Two – the repair itself – but just before tightening the final terminal screw, the landlord announces: “Stop there. I’ve decided to pay you for the completed work on Stage One.”
All the Stage Two work except for the last twist of the screw is done. Yet Stage Two now pays nothing.
The Reality
This is the daily reality for road traffic claims lawyers: a profession where everyone except the person doing the job decides what that job was worth.
The Motor Accident Solicitors Society
he Motor Accident Solicitors Society is a membership organisation for road traffic accident claims experts. As a non-profit organisation formed in 1991, we’re widely known as the expert voice on all matters relating to RTA claims. Our members widely benefit from this high profile not only through recognition of their expertise, but also from the important role that MASS plays within the RTA/PI claims industry. If you’re a law firm dedicated to representing road traffic accident victims, aligning with MASS is essential. Since 1991, we’ve set the gold standard in expertise, ethical practice and efficiency.
To contact the society, visit our Contact Us Page and fill out an enquiry form. Alternatively, you can also reach us by email on enquiries@mass.org.uk or by telephone on 0117 925 9604.
How Road Traffic Claims Lawyers Get Paid – If Other Trades Worked This Way is a MASS Legal feature, written by Paul White, MASS Director and Regional Coordinator