‘Third party capture’ is a term which describes the practice of third party insurers getting in touch with the innocent victim of their insured’s negligence and attempting to settle their claim for compensation directly with them.

For example, you have been involved in a road traffic accident where someone has collided with the rear of your vehicle and you have sustained whiplash.  You pretty much have a dead cert claim – so their insurer gets in touch with you and offers you £300; you agree, and your claim for compensation is settled.

In effect, you have been captured by the third party (the insurer).
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I imagine that most of you reading this blog will be well aware that Christmas is approaching.  Shops have all their decorations up and have made it only too clear that Christmas is coming.  City centres have begun putting up their decorations up as well, and television already has so many Christmas adverts.  In fact, I might go so far as to say that we cannot get away from the fact that Christmas is almost upon us!

Christmas is a time for giving; but unfortunately giving can sometimes cost a fair bit of money, especially if you have children, or a close but extended family. 

Insurers are only too aware of this fact as we at The Injury Lawyers know only too well.  If you have an injury claim, given the time of year and money being that little bit tighter, it is not uncommon for an insurer to put forward an offer to settle your claim now at an early stage in the case.  This is what we call a pre-medical offer – an offer to settle your claim, made by the third party, before you have had a chance to obtain medical evidence in support of your injuries.  In other words, it is an offer, by the insurer, to get rid of your claim as soon as they can.
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So, you might have heard of friends/family who say “I had my claim settled at £1000.00 in a month” or something along these lines. The chances are that this is an early settlement offer they have accepted which we call a “pre med” offer, and although it seems like a quick and easy option, there are a number of risks when accepting pre meds which means it is not always a beneficial thing to do.

To explain what I mean by a “pre-med” – this is the term for an offer made without the use of expert medical evidence. I.e. “pre-medical”. Insurers tend to use these tactical offers at the outset of claims following an admission of liability to get claims settled as cheaply as possible, and off their desks as quickly as possible for them.

In the run up to Christmas, the amount of pre-medical offers we receive significantly increases as the insurers play on the needs of people to have more money over the Christmas period for presents and festivities. Pre med offers are generally around the region of £1000.00 – £2000.00. Without expert medical evidence, it is simply impossible to place an accurate valuation on your injuries.
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At The Injury Lawyers, we frequently speak to people who have been injured whilst out shopping at the supermarket.  Often they want to know if they have a claim, and if we are happy to advise them for free about their chances of winning. 

We advise that any potential claim can be brought about as an Occupier’s Liability claim, which means that if you are a visitor to premises, in this case a supermarket, the supermarket owes you a duty of care to ensure that you are safe whilst in their premises. 

So, if you have an accident at a supermarket and believe it was not your fault, you could bring a claim for compensation against the supermarket for neglecting this duty of care.
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Public Transport Accidents Rise with Petrol Increase.

Despite the recent statement by the government to scrap the 3p rise on fuel duty planned for January, families continue to struggle with the higher petrol prices we are subject to every day. As a result, more and more people are turning to public transport.

With the increase of usage of public transport, there is a noticeable rise of road traffic accident claims involving passengers on public transport.
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Have you been in a road traffic accident? Did your accident occur after 30^th April 2010? Did the accident occur in England or Wales? If you have answered yes to all three questions here, you may be able to claim compensation for your injuries as a result of your accident through the Road Traffic Accident Protocol.

The Road Traffic Accident Protocol is a more efficient and effective procedure to get the compensation you deserve. The Road Traffic Accident Protocol uses a Claims Notification Form which provides the Defendant insurers with all the circumstances surrounding your accident, and is submitted through an electronic portal to speed the process up.

We all would like claiming for compensation to be as simple and easy as possible – well now it is! All you need to do is ensure that you have all the following information and give us a call today and we can get your claim moving on that very same day!
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Slipping on a wet floor has been both the butt of slapstick humour as well as a common stereotype for claims for personal injury for countless years. But for those who have ever slipped on a wet floor and hurt themselves, it’s no laughing matter.

Slipping due to a floor being wet, or having some article or debris on the floor causing the surface to become slippery, is one of the most common forms of accidents we advise people about and represent victims for claims for compensation. In reality, you can end up slipping anywhere whilst out and about for a whole host of reasons. You might slip on some spilt food or drink in a supermarket, a wet floor in a shopping mall entrance, or at work after your colleague has mopped up the floor.

But – can you claim for compensation after slipping due to a dangerous or wet floor?
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Whiplash is a pretty painful injury to suffer with. I’m recovering from it myself – and if you are reading this as a whiplash sufferer, or if you have recovered from a whiplash injury, you will know where I am coming from!

The symptoms can actually be a lot more complicated and a lot more varied than most people think. The symptoms that are generally associated with whiplash are:

• Pain in the neck, and / or back, and / or shoulder areas. Affected areas can be sore, stiff, or ache.
• Reduced movement in the affected areas
• Headaches, and sometimes dizziness and sickness
• Pins and needs in the arms
• Tingling sensations in affected areas

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If you have been injured in a road traffic accident and you are to obtain compensation, this will in almost every instance be provided by the negligent drivers’ insurance company. 

This is one of the reasons why it is compulsory to have motor insurance; if something does go wrong, it can be sorted out as quickly as possible.  Unfortunately though, there are over 1 million drivers in the UK who drive illegally without insurance.  So – what happens if you are injured in an accident caused by an uninsured driver?  Where would you get your compensation from?

Obviously it won’t be from their insurer – so, does the negligent driver themselves have to compensate you? Well that is a possibility, but it is unlikely because they probably don’t have the money to pay out.  Ok, so does that mean they get away with it, and an injured victim cannot be compensated? Fortunately not!  This is where the Motor Insurers’ Bureau (‘MIB’) can step in.
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It was only last week that I wrote about the potential perils of cycling.  It is sad then to hear of the death of two cyclists in London in the space of just a few weeks.  BBC news has reported that a lorry driver has been arrested on suspicion of causing death by dangerous driving after a 34-year-old woman was killed in Bow on Friday, following the death of a 58-year-old man who was killed in a collision with a tipper truck last month.  According to BBC news, Transport for London has said it is ‘sorry’ about the recent deaths and the London Cycling Campaign has insisted that the design of some of London’s roads be looked into with a view to redesigning them to make it safer for cyclists. 

Such is the frustration of London’s cyclists, that this weekend, approximately 300 took to the roads to highlight the dangers of cycling in the capital.  Despite recent events, Transport for London has stated that there has been a near 20% fall in cyclists being killed or seriously injured in London in the past 10 years.

At The Injury Lawyers we are of the opinion that one death, or even one serious injury, is one too many.  Action must be taken to make our roads safer for cyclists.  If you have been unfortunate enough to have been involved in a road traffic accident whilst cycling and you have sustained an injury as a result, no matter how small, get in touch and we can see if we can help put you back in the position you would have been in had the accident not have happened by getting you the maximum compensation you deserve, and the medical treatment you need fast.
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