Contact the Personal Injury Team
St Austell 01726 74433 Email
Truro 01872 265100 Email
Exeter 01392 210700 Email
Stephens Scown has long experience in dealing with claims arising out of road traffic accidents. This continues to involve long-running battles with motor insurers, who are adept at thinking up new ways to keep what they have to pay out to a minimum.
Obviously any business will try to keep costs to a minimum to maximise profit, but this should not be at the clear and obvious expense of the injured party, who has not had the opportunity to make a full and informed decision.
One of their latest tactics is to contact victims offering to settle their claim, before they have had the chance to seek independent legal advice.
This practice is known as 'third party capture' and often means that victims are not given the treatment (if there is an injury) or settlement that they are fully entitled to.
Some insurers put pressure on victims not to seek independent legal advice, often giving misleading or misrepresenting reasons of increased expense and time for their claim. One particular insurer may send a sales representative to the victims' house to persuade them to settle their claim early.
The Motor Accident Solicitors' Society (MASS), of which Stephens Scown is a member, is extremely concerned about this. This practice is unjust and plainly wrong, with the insurer acting as Judge, Jury and Paymaster. Furthermore, MASS believe that there is a loophole in the regulations, which enable insurers to carry out this practice unchecked and unregulated by the Financial Services Authority (FSA) and Government through the Compensation Act. Consequently, MASS' campaign will concentrate on lobbying the FSA and Government to tighten up their Rules.
Our advice is clear. Be aware of this practice and the dangers of settling a claim without first seeking independent legal advice. Insurers will not put your interests first!
For more consumer information visit the FSA website
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