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Relying on settlement provided by your car insurance

By James Maxey in Road Traffic Accidents on Tuesday, May 25, 2010 @ 11:50

Third Party Capture.

Given the timing of this post you'd be forgiven for thinking that this missive looks at the efforts of Labour and the Tories' moves to secure the allegiances of the Liberals after last week's inconclusive general election . . . but I think enough column inches have been devoted to that story already!
 
In this instance, Third Party Capture refers to practise by which, typically after a road traffic accident, your opponent's insurance company contacts you offering a compensation payment to settle your claim directly and, crucially, without independent advice and expertise.
 
First then, let's look at the advantages of settling your claim this way:

  1. The process is very quick
  2. Erm. . . that's about it!
 
The industry is rife with stories of insurance firms contacting accident victims promising a quick and easy settlement. Whole departments are devoted to bombarding individuals with phone calls and often unannounced home visits, in order to get them to settle up quickly (and for a lot less the had they used an independent solicitor). Regrettably, settlements are often accepted before the full extent of the injuries is apparent.
 
The conflict of interest surrounding Third Party Capture appears obvious. Therefore, we implore you not to settle up quickly with your opponent's insurance company (I appreciate this will take a bit of nerve, as they can be quite pushy!), and instead seek independent, expert advice
 
Better still, seek out a specialist solicitor  who is both LEXCEL and  APIL   accredited. A solicitor who will arrange for you to see a medical expert from the relevant field to ensure your injuries are properly assessed and who will estimate how long your recovery will take. And, most importantly of all, a solicitor who YOU have chosen, so you're the one in charge of your claim, ensuring your case moves at a pace you are comfortable with.
 
You only have one chance to get this right -once you've settled for damages, you can't go back after realising you were actually entitled to a lot more than the amount of compensation the insurer's solicitors secured you.  In today's ultra competitive marketplace, Insurers seem to be hell-bent on trying to resolve claims within hours of the incident - BBC News "Insurers pressure crash victims". A typical example of a condition which does not always reveal its full extent immediately is Whiplash.  A stiff neck may just be the tip of the iceberg: fast forward a few months and you may have lost a couple of weeks wages due to a period off work, loss of sleep, and may even experience difficulty in undertaking DIY or carrying your child in your arms!
 
To conclude, try thinking of your claim like a valuable antique (bear with me here!): you only have one, it's personal to you and there are a lot of people out there who have a vested interest in paying you a lot less for it than it's worth. Would you sell your valuable antique to the first person that contacted you offering a wad of cash? No, of course not! You'd do your homework, get it valued, consult the experts, and go about securing the item's true value.
 
Your personal injury claim is no different: consider your options, approach the experts and instruct qualified, professional and courteous solicitors who you can be sure will act only in your best interests. Get the compensation you deserve. You've already been a victim once; don't let Third Party Capture make you a victim again.

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