Last week I blogged about Christmas time pre-medical offers. Essentially I wrote that in the run up to Christmas it is not uncommon for insurers to make you an offer for compensation to settle your claim there and then, and that the reason for this is because they know that at this time of year money can run a little short, and if they make an attractive looking offer given the circumstances, insurers can often get away cheaply from the claim. Here is another little bit of guidance on offers of compensation – again from insurers – but this time prior to you seeking legal advice from an expert injury lawyer.
At The Injury Lawyers we often come across people who have settled their claim in full and final settlement before they have even considered legal advice and representation. In such circumstances, it looks as if they have been captured by the third party; hence the term ‘third party capture’ which depicts an insurers’ practice whereby they contact the innocent victim directly and settle their claim for compensation almost straightaway.
What this means is that they cannot later ask for more compensation having consulted an expert injury lawyer who has advised that they have under-settled their claim. It is essentially a tactic by the insurer to get away from a potential compensation claim cheaply.
Given the time of year, and as I mentioned previously that often money is short, for those who have been injured through no fault of their own, an offer of a few hundred pounds compensation, when they were not aware that they were due any compensation at all naturally looks attractive. However, this should ring alarm bells! Insurers do not just give people money for nothing or no reason – why not take a step back and ask yourself why an insurer has taken the time to get in touch with you directly and offer you compensation? I imagine the reason is because they know full well that you have a good claim for compensation and that if they can get you to agree a settlement now they could be saving thousands of pounds.
Here is an example of third party capture. You are driving your car and a third party collides with the rear of your vehicle and you begin to complain of whiplash. The third party reports their accident to their insurer who realises that you could seek compensation for your whiplash injury and knows that you are highly likely to be successful which could cost them a few thousand pounds. The insurer rings you up, text messages you, or maybe even comes to your door to offer you compensation. You think the sound of a few hundred pounds sounds good and you accept. Unfortunately, a few months later you are still complaining of whiplash and are advised that you should seek compensation. You get in touch with an expert injury lawyer but they advise they cannot help you out because you have settled your claim. You continue to suffer with no recompense.
An offer of money out of the blue from anyone is always going to look interesting. But if you have been involved in an accident and sustained injuries, the best thing you can do is seek quality legal advice to ensure that you get what is best for you. There are many injury lawyers who will provide such advice for free, and getting this advice won’t take long either. So why not make sure that any decision you make is well-informed? Give The Injury Lawyers a call today!
