Third Party Capture: Don’t get short-changed by a defendant insurer

Imagine the unfortunate scenario of being the victim of a road traffic accident and being injured. There can be untold hassle with repairs, getting home, contacting relatives and seeking medical advice for your injuries.


On top of this, it is unfortunately a common practice by a number of third party insurers to contact the innocent victims directly to address claims caused by the fault of one of their own drivers. The speed and efficiency with which contact is made often draws in unwitting injured parties who want such matters dealt with without delay. These kinds of approach often involve insurers attempting to provide injury compensation either by way of a pre medical offer (ie without a thorough medical examination) or arranging rehab with one of their panel specialists whose primary interest is usually that of the insurers, not the injured party.


The problem with letting an insurer do all the so-called ‘leg work’ is that the focus is very much on dealing with claim quickly and with as little compensation as possible. It is already established by court rules that pre medical offers should not be made and that an independent medical expert examine a client to assess the level of injuries, as well as providing an accurate prognosis for rehab and recovery. This is what the majority of claimants are entitled to, but with third party capture you are very much at the mercy of the defendant insurer, whose interests are again its own members and shareholders.


There are extreme examples of this behaviour resulting not only in low offers of compensation but more importantly a complete failure to attempt to put the claimant back in the health position they were before the accident. One client contacted us as a result of injuring his shoulder in a non-fault accident. After twelve months he received an offer of less than £1000. After reviewing his file we were able to ascertain that his shoulder had in fact been dislocated. We arranged thorough rehabilitation to help him get back to his pre-accident fitness as well as recovering his other consequential losses not offered by the insurers.


In another example, a third party insurer offered to help the victim with physiotherapy but they arranged relatively few sessions. After almost 3 years no offers were forthcoming. The client came to us with only 2 weeks to go before the expiry of the limitation period. We were ableto negotiate an award in excess of £5000; if the client had not spoken to us the insurers would have enjoyed a windfall saving by not making an offer as the client would have otherwise been time barred from claiming the damages rightfully owed to her.


There are countless unfortunate cases of injured people accepting small amounts of compensation and the insurers availing themselves of further liability. What happens if you’re still suffering with symptoms? What happens if you need rehabilitation? What happens if you need time off work for an operation? All these are consequential losses caused by the fault of others. It is therefore essential to have your injuries, losses and rehabilitation assessed by a competent solicitor and an individual expert whose duty is to the court and not the shareholder of a huge multi-million pound insurance company. At Smith Jones we pride ourselves on looking after your interests in seeking the correct amount of compensation (in some cases trebling or quadrupling any pre medical offers) as well as addressing your other needs such as appropriate post-accident rehabilitation and recovery of additional losses. The message is clear – don’t be seduced by a hasty resolution and make sure you seek independent advice on what you’re entitled to claim.


Contact us now if you have a question regarding a no win no fee injury claim. If you’re not sure whether you can make a claim, then phone our free helpline on 0800 195 95 90 and our friendly team will assist you