For What It's Worth
21 November 2007
No-one intends to get injured when they wake up in the morning. They don’t drive their car hoping that someone will crash into the back of them, or find the biggest looking crack in the pavement to trip on or hope that some illness befalls them at work.
However these events do happen every day to innocent people and legally those who are injured through the fault of others are entitled to compensation. They are entitled to be put back in the position they were in prior to the accident. Of course we can’t turn back the clock, but we can recover an injured person’s loss of earnings and medical expenses and recover damages for their pain and suffering.
The vast majority of injured claimants are legally represented. A good personal injury lawyer will liaise with the other party’s insurance company to arrange early rehabilitation treatment to speed up the recovery where appropriate and do all that is necessary to ensure the injured claimant is put back in the position they were in before the accident.
But what of those who are not legally represented? Over the past few years there has been a growing trend of Insurance Companies (or other large organisations) actively seeking to deal directly with the injured claimant. Indeed the Association of British Insurers (ABI) following a survey of cases settled have even suggested that claimants without legal representation have their claims settled quickly and for more money. It has even been given a name – “Third Party Capture”.
Given the historic legal principle of compensation and in view of the ABI’s bold statement, an unrepresented Claimant could be forgiven for thinking that they had nothing to worry about in dealing directly with the Insurance Company without legal representation. Sadly, they could well be wrong.
A recent client of Brachers was involved in a road traffic accident where she was struck from behind by another car. The insurance company for the other driver contacted her and suggested it would be easier to deal with them. They arranged for a medical report that diagnosed her with suffering with a whiplash injury. It was also clearly stated in this report that she had a stomach injury caused by the steering wheel. The insurers chose to ignore this and offered the sum of £2300 in respect of her injuries and £2500 for her out of pocket expenses.
When I took over the claim I immediately noted the stomach injury and obtained a report from a Gastroenterologist which confirmed the injuries had been sustained as a result of the accident. The claim eventually settled for £12,000, over £7000 more than the original offer put forward by the Insurance Company.
The settlement amount was based on the evidence regarding the stomach injury which the insurance company was aware of. My client’s stomach symptoms are permanent and had she accepted this offer she would have been dramatically under-compensated.
Lawyers want the best for their clients and in personal injury it is not just about the eventual compensation, but ensuring they receive the best treatment to resolve the injuries.
The insurance industry does have a very good success rate at assisting people who are injured through no fault of their own and it can of, course, be very tempting to accept a quick settlement However, it is always worth seeking legal advice to ensure you are getting everything you are entitled to.
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