Third party capture is a term used to describe a tactic employed by insurance companies when they divert injured people away from using local solicitors and often to avoid them using solicitors at all. The more shall we say unscrupilous insurers save money by offering settlements well under true value , avoiding you obtaining legal advice and thus you receiving everything to which you are entitled.
Consider this , we recently had a first offer of £4000 for a whiplash injury for a client which later settled after we issued proceedings for a sum in excess of £20,000. The insurers play on the fact that people might be enticed to accept from insurers lower settlements just to get it over with and not to claim all they are permitted to recover. Anecdotal evidence suggests our fears are grounded in experience of other solicitors with grim stories to report. Here is a link to the Guardians Web Site touching upon the issue just copy and paste it to your browser:
http://www.guardian.co.uk/money/2008/feb/17/insurance.personalfinancenews
Usually the defendant insurer will attempt to contact you direct by phone or in person most often its by telephone . They are persistent and work on you when you are most vulnerable and still in shock from the accident. Insurers may also encourage you to accept an offer without adequate or any medical investigation. The result is you can be significantly short changed.
The practice of this odious tactic is of concern to many reputable law firms and is the subject of on going review by the Association of Personal Injury Lawyers which is a not for profit organisation set up to promote the interests of the victims of personal injury.
There are a wealth of independent firms just like us throughout the country. Even if you do not choose us do get independent advice. If you are not certain where to go speak to your local citizens advice bureau and they will point you in the right direction. Its your choice – but isn’t it best to seek advice which will cost little or with us nothing before you accept something you later regret. As they say “all that glitters is not gold”.
Of course insurers will defend the practice by saying its the nasty lawyers who make them do it . The plain fact is that if the insurers did not seek to evade their clients legal duty to compensate fairly claims for personal injury the legal bills would be less. I think this is a balanced view based on 15 years insurance experience before becoming a claimant representative. Plus the view is supported by others too.
We’d be interested to hear your thoughts good or bad on the practice of third party capture. We will post for and against comments provided they are fair and accurate.
