London and Birmingham based solicitors specialising in Personal Injury & Accidents at Work, Employment, Education, Disability and Crime

It may seem obvious, but in fact many cases are settled without any legal advice having been given, which is a cause for concern.

 

Brake, the Road Safety charity, has highlighted incidences of Insurers using high pressure tactics to secure early settlement of claims.  Many insurers now have teams set up to carry out this practice known as 'Third Party Capture'.  Some of these departments have been accused of putting undue pressure on the victims of accidents and seeking to persaude them to agree settlments of claims at a time when they are vulnerable, confused or unsure of their rights. On the one hand it may seem comforting to think that the insurer is seeking to help you recover from the effects of an accident, for example by arranging repairs or a hire vehicle, the problem is that arranging vehicle repairs is a simple matter - assessing compensation for injury is not so simple.

 

Insurers would like to see solicitors excluded from dealing with these claims because they argue that these claims can be settled easily and quickly. The reality is often very different. The insurers best interest is their shareholders, not the welfare of the injured person. Settlement is binding once agreed and accordingly great care should be taken before deciding to settle a claim. The majority of people with whiplash injuries, for example, recover fully within a few weeks, but many do not and in some cases what might have seemed to be a simple whiplash injury can become chronic.  The insuers know how much you might ultimately be awarded, but it is not in their interests to tell you.  If you are an adult of full mental capacity and you agree settlement of your claim, you will be bound by the settlement. You only get one chance to get the right settlement - you should not let an insurer persuade you to take a settlement without getting proper legal advice.

 

At Levenes, we advise that you should be wary of settlement without getting proper medical and legal advice and you should be very wary if the insurer talks to you.  If you have an accident and you are made an offer of settlement, you should speak to a solicitor first before deciding on your next move. If after that conversation you want to accept an offer then provided you are an adult of full mental capacity you are free to do so, but don't assume the nice man who arranged your car hire has your interest at heart!