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Personal Injury Claims and Third Party Capture - what is it?

View profile for Gerald Evans
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Third Party Capture

Third party capture is the situation where an Insurer attempts to persuade an injured person to settle a claim directly with the insurer and not to use a Solicitor.

When you contact your insurance company and report an accident, they may persuade you at this point to settle your claim through them. They often will contact you at a time when you may still be shaken up following the accident and will often say that it’s better that you go through them than a solicitor.

They will often promise that by using them that you will get a speedier resolution to a claim.  We strongly advise that you do not do that

So why does your insurer want you to settle the case through them. Quite simply they want to settle the claim as cheaply as possible for them. Your interests are not at the top of their agenda. Their shareholders and profits are.

In our experience the at fault insurer will contact an injured party directly and may encourage that injured person to accept an offer before the full impact of the accident and the injury is known. The true extent of an injury may not be known for some time and therefore the insurer will benefit if they can settle a case before the true extent is known.

Until that injured person sees a medical expert then the extent of the injury cannot be properly determined.  It is therefore important that the injured person obtains fully independent advice before settling their case.

Why should I use a Solicitor for my claim?

We at Devonalds are not concerned with the Insurers shareholders and or their profits. We are not concerned with settling a personal injury claim to save the insurers costs.  Our only concern is making sure that you the injured person obtain a fair and appropriate sum of compensation to reflect the injury that has occurred. In our experience Solicitors generally are able to achieve a higher level of compensation for that injured person.  We can also secure appropriate rehabilitation for that injured person.

What should I do if I am contacted by an insurer?

You are not obliged to accept their offer of assistance.  You should take your time and consider your options.  Being involved in an accident can be very traumatic experience.  This experience could be exacerbated if you find yourself in a situation where you have accepted an offer from an insurer which turns out not to reflect the true extend of the injury sustained.  If you were to accept an offer from an insurer and that offer later turns out to be too low then it would be to late to revisit the offer.  Its important to remember that you have 3 years from the date of the accident to bring a claim and therefore you do need to rush when making your decisions.

 

Contact our specialised Personal Injury Department today on 01443 755189 or at PI@devonalds.co.uk.

 

 

 

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