Do You Need a Road Accident Solicitor?
If you’ve been involved in a road accident and are making a claim against the liable party’s insurers then you might have been contacted by them offering to settle your claim. So is it better to use your own road accident solicitor or their insurer?
The insurance companies have been getting a bad press lately in the media and amongst road accident solicitor and consumer groups because of their use of a technique known as third party capture. Or, should you wish to call it by its more friendly-sounding name, third party assistance.
This basically involves contacting the innocent victim to make them an offer of settlement on their claim. This will normally happen soon after the accident, normally before the victim has had time to contact a road accident solicitor. Of course, you might interpret this as wonderful customer service which puts the victim first. But if you were to ask a road accident solicitor, they might not agree.
This is because it is not uncommon for the awards offered by the insurers are lower than the compensation that a road accident solicitor might have won for the victim.
Another worrying thing is that until very recently this practice was not regulated. Even today, all that exists is a voluntary code of practice. The code, set up by the Association of British Insurers states that insurers must not first approach the victim in person. This is because some accident victims have previously felt pressured by agents calling on them and accepted the settlement without consulting a road accident solicitor. Additionally, the code states that insurers must emphasise the victim’s right to seek independent legal advice.
Ultimately, the decision lies with the accident victim about how to go about getting compensation for their injuries and damage to their vehicle. But there is certainly nothing to lose in asking for the opinion of a road accident solicitor, particularly since many will handle your claim on a no win no fee basis.