Consumers at Risk from Insurers Warns Leadiing Personal Injury Solicitor

2nd December 2016

Consumers at Risk from Insurers Warns Leadiing Personal Injury Solicitor

Higgs & Sons is warning people who have been involved in motor accidents to be wary of insurance companies offering a settlement without the advice of a solicitor, a practice known as Third Party Capture (TPC).

Midlands based Andy Shaw of Higgs & Sons Solicitors, and Management Committee member and Treasurer of the Motor Accident Solicitors Society (“MASS”) explains: “More and more claims are being settled without the claimant having independent advice, leading to a very strong perception that many claims are being under settled.  Insurance companies which capture third-party personal injury claimants before they have consulted a solicitor should be regulated like claims management companies.”

He continues: “We continue to see a marked increase in people who have been injured coming to us where an insurance company has made a settlement offer – in some cases, a massively inadequate offer costing consumers thousands of pounds.  These offers are often made with no medical report and no investigation into the effects of the injury.  In some cases some insurers actively discourage the claimant to seek alternative independent legal advice.  MASS continue to object to this behaviour which is only used to limit the compensation that is ultimately paid.  Liability insurers should not be able to act as judge, jury and paymaster. It’s a clear conflict of interest and the consumer continues to  suffer.”

MASS believes that  the claimant must be protected at all times which can only be done if they have access to and are encouraged to seek, good quality independent legal advice.

Andy concludes: “MASS has expressed deep concerns about the practice of Third Party Capture in the specific context of potentially leading to inadequate compensation for consumers who have not had access to legal representation.  Insurance companies should have to abide by the same level of transparency as claims managers now do.”



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