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What’s wrong with third party capture?

09th March 2012

The procedure known as third party capture is where defendant insurance companies offer to assist accident victims (claimants) who are not yet represented by a solicitor. Whilst this may seem an easy option for a claimant, the following case demonstrates that it is not always in the claimant’s best interests.

George Ide was approached by a well-known local client for free advice on an offer he had received from an insurance company. He had been offered £2,300 as settlement for his claim and wanted to know whether he should accept. Very early on we established from the medical report arranged by the insurer, that he should expect to receive in the region of £3,000 in compensation for his injuries and that he had also incurred expenses of £1,300 for physiotherapy and £1,000 in lost earnings. The insurance company had not advised him of his right to claim for such additional losses.

Following the initial consultation, the client instructed us to represent him. The insurers refused to increase upon £2,300, despite negotiation, and court papers were drafted because a reasonable offer had still not been made to our client. The insurers immediately conceded and settlement was achieved at £5,300.

We were able to exert pressure which an unrepresented claimant simply could not, and, in doing so, were able to achieve a good sum for compensation. Had our client not sought legal advice it is likely that he would have received just £2,300.

This is an unfortunately common occurrence and this situation has left claimant representatives and the Motor Accident Solicitors’ Society (MASS) (of which George Ide was a founding member) campaigning against third party capture. As part of its campaign, MASS is collating information in relation to third party capture. If you have recently been involved in an accident you can help by completing their questionnaire.

At George Ide LLP we have a specialist Accident Management Section dealing exclusively with road accident injury claims. We are committed to ensuring that all clients receive the best possible advice and fair compensation. If you have been involved in an accident and would like free legal advice please do not hesitate to contact us and we will be happy to assist you.

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