Don't become third-party capture make a personal injury claim

In light of concerns expressed in 2008 by trade union UNITE and the Association of Personal Injury Lawyers (APIL), it has never been more apposite a time to remind accident victims that they should be on guard against being rushed by insurance companies into settling personal injury claims.

Although allegations are still under investigation by the Financial Services Ombudsman (FSA), there is a strong body of anecdotal evidence to show that certain insurance companies are acting unethically in pressuring would-be personal injury claimants into settling for less than they are entitled to.

Within the insurance industry the practice is called "third-party capture" and often seeks to settle personal injury claims before people have had the opportunity to receive independent legal advice, often for tens of thousands of pounds less than the claims is later considered to be worth.

Some aspects of "third-party capture" are particularly worrying, including cold-calling accident victims. Sometimes this can actually involve making an unscheduled home visit, asking accident victims to sign agreements that effectively act as a waiver on the right to take future legal action, and, allegedly, in some cases, sending out unsolicited compensation cheques.

Predictably, insurance companies are staunch in defending their actions. One comments, "[We operate] a proactive approach to managing claims which involves getting in contact with potential claimants as soon as possible after an accident. Our experience is that people involved in an accident often feel insecure and are unsure what to do next, and they welcome our approach of speaking with them as soon as possible and sorting things out for them... We do not encroach on their right to seek legal advice, and make them aware of this."

It is fortunate that the practice is about to come in for considerable FSA scrutiny, as the recent trend has been for the insurance industry to increase their use of third-party capture - in some cases even rebranding departments in order to focus on cutting out negotiations with personal injury lawyers.

Deputy general secretary of UNITE, Graham Goddard is adamant that something needs to be done. He said, "We have given the FSA compelling evidence. There is a clear case for action to bridge a gap in the regulatory regime. Accident victims lose out because if they aren't receiving truly independent advice, they don't know the true value of the claims. Our evidence is that sometimes they are being told they don't have a good case when they do."

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