‘Third party capture’ is a term which describes the practice of third party insurers getting in touch with the innocent victim of their insured’s negligence and attempting to settle their claim for compensation directly with them.
For example, you have been involved in a road traffic accident where someone has collided with the rear of your vehicle and you have sustained whiplash. You pretty much have a dead cert claim – so their insurer gets in touch with you and offers you £300; you agree, and your claim for compensation is settled.
In effect, you have been captured by the third party (the insurer).
What’s wrong with ‘third party capture’?
Our experience at The Injury Lawyers suggests that that those who settle their claim for compensation directly with the other side’s insurer under settles their claim – potentially by thousands of pounds. For example, you accept £300, but really your claim was worth £2,500 had you have claimed the proper way. There is also some serious questions being asked about certain insurers’ conduct in how they go about settling claims directly with innocent victims of their insured’s negligence. At The Injury Lawyers we have heard stories of people being bombarded with texts, telephone calls and even door step visits, which are all attempts by the third party insurer to get their claim for compensation settled!
The people that visit accident victims in their own home have been known to be contracted agents working on a commission basis; the lower they settle your claim for, the more money they personally take home for their dastardly job well done. It’s sickening to hear of.
Why do insurers want to settle your claim early without the involvement of legal representatives?
An insurer will generally know how that your claim could be potentially be worth a lot more if you claim the proper way; settling it quickly for a few hundred pounds could save them thousands of pounds in both compensation for you, and legal fees for lawyers! Your typical claimant will have no idea how much their claim could be worth, and may be glad to receive money they were not expecting.
What should you do if you have been involved in an accident and someone approaches you offering compensation for your injuries?
Seek the expert advice of a quality injury lawyer! This will often not cost you a penny, and will often mean that you can get hold of the maximum compensation you deserve. It could be the difference between £300 from the insurers and £1,500 with a lawyer; or £1,000 from an insurers and £3,000 with a lawyer.
You need to consider the severity of your injuries and how long these will last. An injury lawyer will obtain a medical report at no cost to yourself so your claim can be properly valued. An injury lawyer can also advise about the potential recovery of any other losses, such as lost earnings that have resulted from the accident. Typically an offer of compensation from the insurer will not include this, and you could lose out on hundreds or thousands of pounds. It will also be unlikely to take in to account for medical and treatment fees, care and assistance, and a whole host of other recoverable items you will personally miss out on. Once your claim is settled, there is no going back for more compensation because your injuries persist – nor is there any going back to recover any other losses.
For some free, expert, and no obligation legal advice, get in touch with us at The Injury Lawyers today.
