Don’t get caught out by Third-Party Capture
Maria Penny (Solicitor)
Insurers’ ads to increase over Christmas
Last weeks Law Gazette featured an article on the increasingly controversial subject of Third Party Capture.
The article, Insurers’ PI push, reported that insurers are launching ad campaigns to persuade motorists to “bypass Solicitors and deal directly with the responsible party’s insurer.This is an area of growing concern as essentially the insurance industry may seek to exploit those who are involved in accidents so as to ensure they can settle claims quickly and for as little as possible.
It is no secret that an insurance company has an obligation to their insured to keep all payments on the policy to a minimum and ultimately this will result in claimants being left out of pocket. This will often take the form of an early offer designed to tempt the claimant to accept for the sake of a quick payout but the insurer is unlikely to consider the costs of care and assistance, loss of earnings, prescription charges or other out of pocket expenses within the initial offer. Therefore what may seem to be a fair offer may, in reality, be the opposite.
I am contacted regularly by insurance companies to discuss whether my clients would be willing to consider settling their claims without the benefit of medical evidence and I know this is a tactic often adopted so as to keep costs down. This is dangerous territory and claimants should be wary as once settlement is reached the claim cannot be reopened at a later stage even if their injuries are later found to be more serious than originally thought. I have acted for claimants who were originally thought to have suffered soft tissue injuries only but, following investigation, were found to have sustained far more serious injuries (and in some cases have later required surgery) therefore I would advise every claimant to see an independent medical expert before considering settlement.
The FSA need to act quickly to ensure that regulations are implemented to govern the conduct of the insurers and to ensure the claimant in each case would have a right of action as against the insurer in the same way they would against their solicitor for professional negligence.
Most claims can be dealt with on a no-win no-fee basis and there is very little risk, if any, to a claimant instructing a solicitor and I would strongly advise anyone injured to seek independent legal advice so as to ensure they receive adequate compensation and impartial advice.
If you wish to discuss the above or if you have been injured and wish to discuss your options contact one of our team today.
Tags: maria penny, personal injury, personal injury solicitor, solicitor manchester, third party capture
Personal Injury | Ralli | 
October 26, 2009 12:53 pm
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