Thankfully, the majority of us do not often require the aid of road accident solicitors. All the same, accidents do happen, so imagine this. You’re innocently driving along when you are hit in the rear of your vehicle by another driver. You weren’t to blame for the accident. So, as you’re both legally obliged to do, you stop and exchange insurance details and you go about your business, intending to telephone your insurers later in the day at home.
Imagine then, that before you have even called your insurers, there’s a knock at your door from a representative of the other driver’s insurers. He or she then offers to write you a cheque on the spot in compensation for your injuries and losses. So you think, this is super!
Nevertheless, road accident solicitors might suggest that you stop to consider whether this really is the good deal it sounds. The practice of insurance companies contacting the claimant offering to settle their claim right away is becoming increasingly common. When insurers do this it is usually very soon after the accident. Believe it or not, there have been reports of insurance company representatives arriving at the scene of an accident offering to resolve claims on the spot.
Whilst all this sounds like a very swift and efficient service, road accident solicitors are warning consumers about the practice. Think about why insurance companies should want to settle claims so quickly. Indeed, consumers should question the motives of an insurance company trying to settle a claim before legal advice has even been sought and before the full extent of the injuries have become apparent.
Recently there have been warnings from road accident solicitors and consumer groups that insurance companies may be trying to save themselves a good deal of money using the facade of great service. This is because when a claimant agrees to the settlement, the insurance company asks them to sign a form to state that the offer is accepted in full and final settlement of the claim. In other words, on signing that form, consumers sign away the right to make any further claim, regardless of the involvement of road accident solicitors or how injuries may worsen.
This means that there is a massive risk of accepting a claim that is less than what you deserve and need. It is universally accepted that the full extent of injuries can take days or weeks to become apparent, so it would be unwise to rush into a decision. It is important to remember that amongst other things, compensation money is intended to pay for any ongoing treatment that may be required, so it is important to understand the injuries before accepting a settlement. Road accident solicitors therefore advice that claimants take both legal and medical advice before accepting any offer of settlement.
The Association of British Insurers has created a voluntary code of practice to try to protect consumers from being left out of pocket by this practice. It states that if an insurer wishes to make an offer of settlement they must make the consumer aware of their legal right to seek independent legal advice. It also says that contacting the claimant by telephone or mail is preferable to visiting them in person in order to avoid them feeling pressured to accept an offer.
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