Personal injury claim? Don’t get caught out by insurers’ third party capture

If you’ve been injured in an accident that wasn’t your fault, it’s common for the at-fault party’s insurance company to contact you directly, offering to settle your claim quickly without involving a solicitor. This practice is known as ‘third-party capture’, and it’s worth understanding before you agree to anything.

What is third-party capture and why does it happen?

Third-party capture happens when an insurer contacts an injured person directly, rather than that person instructing their own lawyer. This presents a conflict of interest, as the insurer is acting on behalf of both its policyholder (the person at fault) and the victim. It’s an attempt to keep costs down by typically offering a sum of compensation that is less than what the claim is truly worth.

This approach is often made within a few days of the accident, when the injured party may feel particularly vulnerable or traumatised.

As well as offering low compensation, insurers may also make their offer without consulting medical experts for their opinion on the injury and its long-term effects. However, this can have serious consequences for you if you accept the insurer’s offer and the injury turns out to be more serious than initially realised.

The true value of a personal injury claim isn’t always obvious at the outset, as some symptoms can take weeks to fully develop. A personal injury solicitor will make sure your injury is properly assessed by a medical expert before any figure is agreed, so you’re not settling for less than your claim is actually worth simply because it was convenient for the insurer.

If you have been injured in an accident that was not your fault, it’s important to consult an experienced personal injury lawyer as early as possible.

The benefits of legal advice in personal injury claims: Ms P’s story

Ms P was injured in a road traffic accident after a vehicle hit the back of her car as she waited at traffic lights. Ms P sustained a serious whiplash injury to her cervical spine, causing significant pain and stiffness in both of her shoulders. The accident also affected her psychologically.

Following the accident, Ms P dealt with the insurers herself before instructing our personal injury lawyers to handle the claim on her behalf.

The first offer made by the insurers to settle the claim was £4,500. However, we instructed medical experts to examine Ms P’s injuries and advised Ms P on the true financial value of her claim.

The claim settled without going to trial, and Ms P obtained £50,000 in damages. We were also able to assist Ms P in getting rehabilitative treatment for her injuries, such as cognitive behavioural therapy (CBT).

Ms P said:

“When I dealt with the insurers on my own, they were helpful at first with things like my medical bills. However, everything had to be done on their terms, and eventually, they just stopped funding my osteopathy treatment.

The first offer of compensation they made was extremely low, considering the huge impact the accident had had on my life. I am glad I instructed Barcan and Kirby, as getting proper legal representation helped me to achieve a fair settlement. I would recommend that anyone else in my position do the same.”

Further information

If you’d like to speak to a member of our Personal Injury team about claiming compensation for a road traffic accident claim, call 0117 325 2929 or complete our online enquiry form.