Accident victims urged to avoid getting captured

Release date: 11/9/2009

The practice by insurers of pressing accident victims to accept quick, fast-tracked payouts without taking medical or legal advice, today came under fire from lawyers.

It is known as "third-party capture" and sees insurers offering sizeable sums to accident victims if they are willing to settle a matter on the spot.

But Harvey Ingram staff estimate they routinely win three times more compensation for clients - compared to the original offers made by insurers.

Specialist personal injury lawyer Jonathan White, has seen third-party capture rise dramatically in the past few years and warns it is no longer simply restricted to traffic accidents, but also now includes incidents involving toddlers, pensioners, single parents and employees.

He says: "Third-party capture is an absolutely shameful practice and it shows a complete lack of respect for accident victims. Insurers are banking on being able to exploit the public's lack of understanding of legal procedures.

"I would always urge accident victims to first get properly assessed by a medic to ensure they have a clear idea of the extent of their injuries. Some injuries take time to show and are not always immediately obvious. An accident victim who is unaware of their injuries is far more likely to under-settle. Insurers know this and by paying accident victims early, before they've taken independent advice, is clearly a very cost-effective route for them.

"Accident victims are under no obligation to use a solicitor recommended by an insurer. They would be well advised to always get advice from a specialist personal injury firm recommended by either the Association of Personal Injury Lawyers, or the Law Society."