What is Third Party Capture
Third-party capture is a term used to describe efforts by the insurance industry to persuade injured people to settle a claim directly with them. This means that an injured person will not instruct a solicitor to make a claim.
Insurers have tried to defend this practice by claiming they cut out the ‘expensive’ solicitors, leaving more funds for the injured parties. My experience suggests this is not true.
Why do insurers do it?
Quite simply, to settle claims as cheaply as possible. Increasingly, insurers for the drivers responsible for the collision are contacting injured parties directly. They are persistent and try to persuade injured people to settle injury claims when they are at their most vulnerable. They may still be in shock and worried about how to pay the mortgage or rent.
Insurers in these cases may encourage them to accept an early offer before the full extent of an injury is known and before the full impact of the accident to their health and, in more serious cases, their working ability is known. Moreover, the claims are often settled before medical expert evidence has been obtained. When such an offer is accepted individuals could be significantly under-compensated and may not be able to claim for further losses, once they realise that the earlier settlement was not enough.
A significant number of people injured in road traffic accidents have received low offers from insurers. Fortunately many accident victims make the right choice and instruct a Solicitor. I have acted for a number of individuals who have received substantially more compensation than they were originally offered. Following medical assessments I am often able to secure rehabilitation treatment and, in some cases, an interim payment to alleviate immediate financial pressures. You cannot trust an insurer to do the right thing in such circumstances.
Recommendation
I strongly recommend that if you are injured in an accident you don’t accept an offer to settle your claim without seeking independent legal advice.
I offer a meeting, usually at a client’s homes for convenience, to discuss the case and advise upon the reasonableness of the offer.
For further information or to arrange a free initial assessment of your claim contact me on 0114 2678780.
Richard Meggitt
Partner
ASD Solicitors
