Receiving Less Compensation for your Injuries

Receiving Less Compensation for your Injuries

Claiming for injuries arising out of road traffic accidents is often straightforward.  This is because in most accidents it is quite clear who at fault.  It follows that if you were not at fault for the accident then you can be compensated for any injuries you may have suffered.

Here is an example: You are driving along and you are approaching a roundabout, you slow down to a halt as there are already cars on the roundabout, when unfortunately a third party driver negligently collides with the rear of your vehicle and you sustain whiplash.  You are not at fault for this accident and have been injured at the hands of another person, and you can therefore make a claim for compensation.  The Defendant’s insurer knows this and this is what you have to look out for.

If you have been in such an accident it may be that the other side’s insurer gets in touch with you, knowing full well that you have a very successful claim for compensation, and try and settle your compensation claim directly with you.  This is by no means illegal but it is important to note that if you agree any compensation with the Defendant’s insurers, in most cases, this will be in full and final settlement of your claim.  So if later you realise you are still injured and feel that you should receive more compensation – tough! Your claim has settled and no more compensation can be obtained.  Likewise, if you accept £400 compensation but are later advised that your claim was actually worth £2,000 you cannot go back and say you under-settled my claim, give me the difference.  The process in which your claim is settled directly with the Defendant’s insurer is known as ‘third party capture’.

What you have to consider if you are offered compensation from the negligent drivers’ insurer is the reasons behind them offering you this compensation.  In my opinion it is likely that they are trying to save money.  They know you have a claim, you may not.  They know roughly how much your claim could be worth but if they could get it settled quickly and cheaply then they save an awful lot of money by doing this.  This is why I would suggest that if you ever receive an offer of compensation when you have no legal representatives acting on your behalf that you just take a step back and consider it properly.  Why not get in touch with an injury lawyer and discuss your accident with them.  In a lot of cases they will work on your behalf for free and are much better placed to get you the compensation you are entitled to receive.  Sure, if you instruct an injury lawyer to obtain your compensation, although it won’t actually take that long, it won’t be as quick as agreeing compensation with an insurer and getting a cheque straightaway.  But would you rather be properly compensated in a few months time or be under-compensated now? Ultimately that is your decision; but I would suggest that seeking legal advice is the best course of action.

At The Injury Lawyers we are open 9am – 10pm on weekdays and 9am – 5pm on weekends and would be more than happy to assist you in any way we can.