Third Party Capture

June 3, 2012

One of the biggest problems that a victim of a road traffic accident has to face in the first couple of days after an accident is the ever increasing practice of ‘third party capture’.

Many victims of road accidents report that representatives of the negligent party make contact with them immediately after the accident and offer them a monetary settlement there and then.

Once a settlement has been accepted by the injured party it then precludes them from bringing a formal claim against the negligent party. In other words any amount accepted by way of compensation is deemed to be accepted in full and final settlement of all claims against the negligent party. If the symptoms persist there is no way of pursuing further compensation for ongoing pain and suffering.

‘Third party capture’ is a controversial topic and is unpopular amongst personal injury solicitors as it encourages an injured person to settle their claim without consulting a solicitor for independent legal advice.

Here at Lamb & Co we understand and promote the need for independent legal advice before a settlement is achieved, no matter at what stage it is offered.

The reason that third party insurance companies us this form of tactic is because it stops the injured party instructing a solicitor and therefore saving costs. It is also likely that the settlement figure, whilst perhaps appearing initially lucrative to an injured party, is very often a lot lower than the compensation the injured party would be entitled to if a civil claim were to be brought against the negligent driver.

Another pitfall with third party capture is if an injured party requires treatment in order to assist their recovery. If a medical report is obtained the medical expert will often recommend that the injured party have some form of treatment such as physiotherapy in order to help alleviate their symptoms. In this situation Lamb & Co would arrange the necessary treatment for the client at no cost to them in order for the client to have the best chance of a full and complete recovery. If the injured party had already accepted an offer from the third party insurers directly then this would not be possible.

By far the most accurate way of making sure that an injured party is adequately compensated for their injuries is to have the injured party examined by a suitable medical expert and the injuries documented within an independent medical report which will then be used to form the basis of any claim valuation. Once the report is agreed, solicitors will then negotiate wit the third party’s insurer in order to obtain maximum compensation for the injured party. At Lamb & Co we are committed to achieving the maximum amount of compensation for our clients whilst making sure that the have the best independent legal advice at all times and the correct treatment where necessary.

If you are the victim of the road traffic accident and you are approached by the third party insurers directly to settle your potential claim, it is well worth the time to pick up the phone and call Lamb & Co for free, independent legal advice to make sure that you get the compensation you deserve and your claim will be run on a ‘no win, no fee’ basis from the beginning to it’s conclusion.