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It is not uncommon for insurance companies or other organisations to contact you soon after an accident, often with the intention of dissuading you from making a claim or encouraging you to accept a low settlement offer.

They may emphasise that accepting their offer will spare you a lengthy and stressful claims process. This tactic, known as third-party capture, typically does not serve your best interests. Therefore, it is essential to seek independent legal advice before accepting any offers or deciding whether to pursue a claim.

Third-party capture can be exploitative and hinder your access to justice

When you are in a position to claim compensation following an accident, it is natural to want to resolve the matter quickly, especially given the stress you may be under if you suffered injuries.

However, third-party agents might attempt to take advantage of your confusion and vulnerability. In extreme cases, they could mislead you, act aggressively or try to convince you that seeking legal advice is unnecessary.

The legality of the widely reported on third-party capture practices

Despite much criticism of third-party capture from trade unions, professional bodies, the Courts and in the media, third-party capture is legal in England & Wales.

“Both Unite and APIL say they are concerned about insurance company representatives cold-calling ‘third-party’ victims after an accident.” – The Guardian

The hidden risks of third-party capture

Settling your claim quickly might seem appealing, but it carries significant risks. If something seems too good to be true, it often is. Third-party capture can lead to serious consequences, including:

• Insurers, often focused on profit, may offer a settlement that substantially undervalues your claim, particularly if you haven’t consulted a solicitor or sought medical advice.
• Certain injuries might not be immediately evident. Accepting a quick settlement could leave you without compensation for issues that arise later.
• Once a claim is settled, reopening it is typically very difficult, if not impossible. Do not let an insurer determine the value of your health without a comprehensive medical assessment.

If you have been involved in an accident that wasn’t your fault, seek independent legal advice

If approached by third-party agents, it is wise to refrain from commenting and to halt communication. Always consult a solicitor. Only a solicitor, instructed by you, can provide advice that is truly in your best interest.

Askews are personal injury claims specialists

Whether you have had an accident on the road, at work or in a public space, we can assist you. We particularly urge you to contact us if you have been approached by a third-party agent, such as an insurance representative.

Visit Personal Injury Claims or Contact Us to arrange a free initial consultation.

This content is for informational purposes and is not intended as advice of any kind.