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15/12/09
Do Not be a Victim Twice Over
Monday 14th December 2009
You have just been the victim of a car accident. You are in pain, shock, disorientated, vulnerable and don’t know what to do.
You soon get a call from an insurance company telling you that they will deal with your claim for the personal injuries that you have suffered “free of charge”. You are relieved that the problem has been taken off your hands and accept gratefully.
You have just been the victim of “third party capture” as a result of the responsible vehicle driver dutifully contacting his/her insurance company to report the accident and giving all necessary information to include your own contact details and those of your insurer.
Regrettably, it is becoming increasingly common for these insurers to offer to settle your claim for a sum which may sound attractive to you but which is likely to be significantly less than its actual value.
This practice is not solely confined to car accidents. We were recently contacted by a lady who had an accident during the course of her employment. She said that her employer’s insurers were advising her in relation to the injuries that she had suffered. When they offered to settle the claim for £3,500, she approached AES Winterbothams and instructed us to take over her claim. Our client was then told by her employer that its insurers had said that should she not accept this offer, she would not be compensated for her loss of earnings. One of our solicitors confronted the insurers, who denied having said anything of the kind. The claim was properly prepared and was settled for £9,900.
In an article in the Law Society Gazette 2 years ago, it was hoped that regulation would be introduced for insurance companies which capture third party personal injury claimants before they have been able to consult a solicitor.
Unfortunately, the Financial Services Authority has since confirmed that it does not intend to regulate these insurers which continue to gather claims through “third party capture.”
Insurance companies are now preparing themselves to launch advertising campaigns to persuade personal injury claimants in motor accidents to bypass solicitors and deal directly with the responsible party’s insurer.
If you have been involved in an accident and you are contacted in this way, we would advise you not to deal with anyone other than your own insurer and to contact us for your own legal advice to get a settlement that you are entitled to as:
• we are completely independent;
• we are local and you can talk to one of our advisors face-to- face as often as required;
• we will assess your claim properly;
• we can offer a No Win No Fee agreement and take out insurance on your behalf to provide the cover that you need to pursue your claim.
This article only provides general advice and cannot be relied upon in any particular case. If you would like to discuss your personal injury claim with us, please contact Christiane Goaziou by email at cmg@aeswinterbothams.com or by dialing 01453 847225.