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What is Third Party Capture in Personal Injury?

Could you please explain, what is third party capture in personal injury and the impact it could have on my compensation claim? I have noticed it referenced on your web site and would like some clarification.

What is third party capture in personal injury is a question sometimes asked by potential plaintiffs in reference to personal injury compensation claims. Third party capture occurs when the negligent party’s insurance company approaches the victim of the accident for which their policyholder was to blame –usually shortly after the accident when the victim would be at their most vulnerable – with an unsolicited offer of compensation.

Offers such as these should always be referred to an expert personal injuries claim solicitor since they may or may not be suitable for the degree of injury the potential plaintiff has suffered and, without a full evaluation of the injury and the impact it has had on the potential plaintiff’s quality of life, the value of compensation that the victim is eligible for is impossible to accurately be established.

Although insurance companies are often criticised for their lack of consideration towards the wellbeing of an accident victim, and the apparent prioritising of their own profits, it cannot always be assumed that their compensation offer would be any better or worse than one obtained by application to the Injuries Board or through negotiations by a solicitor.

It is imperative that an offer of compensation from an insurance company be evaluated by a solicitor – especially since so many potential plaintiffs ask “what is third party capture in personal injury?” – as, should the victim of the accident accept a compensation settlement from the insurers which is later found to be insufficient to cover their medical costs or support their family, they would be unable to return to the insurance company and request more. However, though third party capture may seem reprehensible, some positive elements may occur as a result.

By their approach, the insurers would have effectively accepted their client’s liability for your injuries and any application for assessment to the Injuries Board should be sped up as a result.

Your solicitor would also be able to initiate direct negotiations with the insurance company which can often result in the settlement of a personal injury compensation claim much quicker than if it went solely through the Injuries Board.

If all of the repercussions of your injuries have yet to be determined – or if there is a requirement for immediate finance to cover medical expenses – your solicitor will be in a position to apply for interim payments of compensation until your compensation claim is completely and suitably resolved.

It is highly recommended that you seek the assistance of an expert solicitor at the earliest opportunity possible to answer the question “what is third party capture in personal injury?” and to explain the intricacies of third party capture since there is always the danger of being undercompensated by the settlement offered by the insurers.

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