We get a lot of enquiries from people who have been persuaded by insurers to deal with their personal injury claims directly with them. It’s a common problem in the claiming industry, and it’s known as Third Party Capture. Basically, the insurers of the party at fault will contact the innocent victims direct and offer to deal with the personal injury claim without solicitors.
They will tell you that it’s quicker, easier, and you’re cutting out the middleman; and by claiming directly with them, they will give you a little more money as they will save themselves a fortune on not paying legal fees.
But what you have to ask yourself is, in the grand scheme of things – why would they do this?
It’s literally all about saving money. I doubt very much that they will offer you an extra £1,500, which is generally what the solicitors’ legal fees will equate to. In fact, it’s unheard of as far as I’m aware. But the main thing you have to realise, which is something you might not have considered, is the fact that you have nobody fighting your corner for the case. In fact, you entirely at the mercy of the insurers who are liable to compensate you.
They can, and likely will, use this to their advantage. The amount of times we get people ringing us up asking if the amount they’ve been offered for dealing with the insurers directly is a good payout. Let me tell you the answers you need to hear:
How Much?
We don’t know; as it’s all based on medical evidence and us being able to value the claim based on the medical evidence. If they haven’t sent you to see an independent medical expert, then your valuation is based on little factual evidence.
Still Suffering?
If you’re still suffering and / or still within the prognosis period that you medical report (if one was obtained) states, you shouldn’t be settling the claim at all! The advice any quality lawyer will tell you is to wait until you have fully healed before looking to settle. The experts give their best opinion, but they’re not psychic. You may suffer longer than they anticipate, and you will simply need to be re-examined to allow a further report to support your ongoing suffering. If you settle before you’ve fully healed, you are likely going to end up under settling your claim, and potentially losing out on thousands of pounds.
The Offer Does Seem Low, Doesn’t it?
If the offer seems low, it probably is! Insurance companies are a profit making private company; their interests are not to give the highest payouts, as this rather obviously dents their profit margins, and leaves their shareholders less happy with the return on their investment. No, their duty of course is to maximise their profits which can easily be done by under settling the claim with you directly. I can’t tell you how many times people have called and asked for our help when they have already settled their claim for way lower than what they should have, banked the cheque, and realised they need more. If you have settled the claim in full and final, there is precious little we can do.
But an Injury Lawyer Will Charge Me…
Well, we won’t! And we are an injury law firm. So if the insurers have told you that (which they do quite frequently according to many clients I have dealt with), they have potentially lied to you. Still trust them now? I wouldn’t – to quote Bart Simpson, “the only reason I lied was to get what I wanted” (or something along those lines).
So What Should I do?
Well, it’s your claim, and we are not in the habit of telling people what to do; but we will guide you with our best advice. Get an injury lawyer like us to represent you for the claim. That’s the best thing we can suggest. If they work like us, on a Genuine No Win, No Fee basis, then you are guaranteed to receive 100% of your compensation payout, and we will fight tooth and nail to get you the highest payout. We will do all the work, and you know with us on your side, any settlement figures really are the best you will get.
The question you need to ask yourself is not “I’m Dealing with the Insures Direct – How Much is my Claim Worth? Is there Offer any Good?”
The real question to ask is: “why didn’t I get an injury lawyer in the first place!”
Call our free claims helpline on 0800 634 75 75 today to find out how you should be making your claim for compensation.
