It is not uncommon for insurance companies or other organisations to contact you shortly after an accident in the hope to dissuade you from claiming or to make a low settlement offer. This is known as third-party capture and rarely has your best interest at heart. It is important that you obtain independent legal advice before accepting any offers or deciding whether you would like to claim or not.
When found in a position where you might be entitled to compensation, your initial reaction might be to wish the matter resolved as quickly as possible. This is only natural given the stress you are likely to experience. Third-party actors might seek to capitalise on this and take advantage of your confusion and vulnerability. At worst, they may seek to mislead you, act in a hostile manner and attempt to convince you that seeking legal advice is not in your best interest.
Third-party capture and the consequences of it are damaging to your right to access justice. In a recent report, The Law Society of Northern Ireland has called upon the Northern Ireland Executive to investigate the practice. Third-party agents do not have your best interests at heart. Their only concern is their own interests or those of their client.
The Law Society of Northern Ireland has said, “The (law) Society has received reports of a number of cases where insurers have misled injured parties.”
If you find yourself in a position that attracts the attention of third party agents, decline to comment and disengage communication. Always seek independent legal advice. Only a solicitor, instructed by you, can give you honest advice that you can be certain is in your best interest.
Visit the Law Society of Northern Ireland to view their full report into third part capture.
