The Law Society of Northern Ireland has published a report on Third Party Capture that highlights the problems with the practice and calls for greater protection for the general public. Third Party Capture happens when insurance companies to offer claimants or even potential claimants compensation for an accident before they are able to engage with a solicitor or obtain medical evidence.
The specific issues that the Law Society has identified are:
- Wrong information being given to injured parties of the extent of their injuries and their legal
rights; - Actively discouraging injured parties from seeking a medical opinion and report;
- Actively discouraging injured parties from obtaining legal advice; and
- Pressurising injured parties who have not yet recovered from their injuries to make decisions
through persistent phone calls and door stepping at their home.
One of the unexpected results of the introduction of the Injuries Board Ireland is that insurance companies have become faster in general at offering out-of-court settlements for personal injury claims. The report points out that victims should never settle a case without getting a medical report and it is preferable to get legal advice before settling any personal injury claims.