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

10.09.2013

A growing number of insurance companies are contacting victims of road traffic accidents and offering to settle their injury claims quickly without involving solicitors. This practice is known as ‘Third Party Capture’.

This practice presents a conflict of interest, as the insurer is acting on behalf of both their policy holder and the victim. It’s done in 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 accept the insurer’s offer and the injury turns out to be more serious than initially realised.

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

The benefits of legal advice: 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 personal injury solicitor, Amie Prowle, to handle the claim on her behalf.

The first offer made by the insurers to settle the claim was for compensation of £4,500. However, Amie instructed medical experts to examine Ms P’s injuries and was able to advise Ms P as to the true financial value of her claim.

The claim settled without having to go to trial and Ms P obtained £50,000 in damages. Amie was also able to assist Ms P in getting rehabilitative treatment for her injuries such as cognitive behavioural therapy.

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 has had on my life. I am glad I instructed Barcan+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 a road traffic accident or serious whiplash injury claim, call 0117 325 2929 or complete our online enquiry form.

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