The Association of Personal Injury Lawyers has stepped up its campaign to warn accident victims about third party capture, following the publication of a new voluntary code of practice by the Association of British Insurers (ABI).
The voluntary code of practice is for insurers wishing to settle a personal injury claim directly with an accident victim, without the victim receiving independent legal advice. The code includes the advice:-
• Personal injury claimants should be informed of their right to seek independent legal advice;
• Insurers should ‘strongly recommend’ accident victims seek independent legal advice, particularly when the accident victim is a child, there are issues over fault, where the accident victim has limited understanding of English, where the injuries are complex and where there are causation issues;
• Initial contact with accident victims should be by telephone, text message, email or letter;
• There should be no unsolicited visits to accident victims’ homes or hospital beds;
• All compensation offers should be ‘fair and reasonable.’
The Association of Personal Injury Lawyers is very concerned that the ABI publication fails to point out the accident victim incurs no costs if they seek independent legal advice.
There are also concerns that the accident victim won’t necessarily be aware of the fact the insurance company seeking to settle a claim does not have a duty to the accident victim so there is a conflict between the accident victim’s best interests and the insurer’s interests.
Lawson-West solicitors strongly recommend all accident victims contact a solicitor after an accident. Lawson-West is an Association of Personal Injury Lawyers accredited practice and two of our personal injury lawyers are Association of Personal Injury Lawyers accredited Senior Litigators. Lawson-West can help accident victims with independent medical reports which record the extent of injuries and can advise on recovery times and, if recommended by medical evidence, may be able to arrange rehabilitation. Lawson-West will also progress personal injury claims, so that accident victims can focus on recovery.
If you have been injured in an accident that wasn’t your fault, please contact Elizabeth Lawrenson on 0116 212 1147 now or complete one of the on-line forms.
