The BBC and other news organisations have highlighted a practice of some insurance companies which is proving controversial. They allegedly contact injured victims of accidents – people who would potentially make a claim for personal injury compensation - and offer them an early compensation payment. Nothing wrong with that then right? Not everyone agrees…
The charity Brake is apparently concerned that insurance companies are pushing accident victims to settle quickly, before getting legal or medical advice. The Motor Accident Solicitors Society (MASS) warns consumers on it’s website -
MASS is launching a national campaign to warn consumers of the dangers of dealing direct with an insurance company (which represents the driver who caused the accident), who are contacting victims offering to settle their claim, before they have had the chance to seek independent legal advice. This practice is known as ‘third party capture’ and often means that victims are not given the treatment (if there is an injury) or settlement that they are fully entitled to.
The Association of Personal Injury Lawyers’ (APIL) in the news section of it’s website includes “A new early day motion on third party capture, drafted by APIL, has been tabled by Linda Riordan MP…”
On the insurance side Quinn Direct is quoted on the BBC site denying claims of a former employer alleging he was instructed to “doorstep” accident victims saying
its ‘pro-active’ approach is “based on paying fair compensation” quickly, and that third parties “appreciate” the service.
The BBC quote the Association of British Insurers (ABI) as insisting that early contact with accident victims is done to help them get compensation quickly :
“It is the right thing for insurers to be doing, rather than requiring claimants to drag them through the courts,” said Justin Jacobs, assistant director of motor insurance at the ABI.
I will leave it to both sides to argue the rights and wrongs. Suffice to say that when a party in any dispute invites me to act as mediator I do not insist they have legal representation but I always recommend that they do. Specialist personal injury mediators are ready to help insurers and personal injury solicitors in reaching the objective of paying fair and reasonable compensation without undue delay and expense.
What is your view on third party capture ? Please submit your comment below.
The holier than thou, “we are only concerned about accident victims whilst these nasty insurers just want to make money” attitude form the likes of MASS is really quite sycophantic. Would MASS and others like to tell us all how much their members get in fees realtive to the compensation they get for their clients. E.g., how much do they get for a £2.000 whiplash claim, a £3000 whiplash claim? Give the public ALL the facts, then let them decide who has or hasn’t got the victim’s interests at heart and who is looking after themselves. And give the public the opportunity to get some idea how much of their insurance premium is going towards paying for solicitors fees compared to how much is going towards paying for victims’ compensation