Third Party Capture and myths about making a claim for compensation

  • November 11, 2011
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What to do if you have an accident and the myths surrounding making a claim.

If you have a road traffic accident it may be the case that soon after your accident you will get a call from the other side’s insurance company offering to settle your claim there and then without you even consulting a solicitor or a doctor, this is known as Third Party Capture. They may tell you:

If you go to a solicitor your claim will take longer to settle.

You may not get as much by way of damages that they are offering to send you that day.

The solicitor may take part of your damages to cover their costs.

If you make a claim your insurance premium may go up.


The reason why they want to settle your claim so quickly is so that they save money; their money. They are not doing if your benefit – why would they ?.

Their argument that your claim will be settled quicker: well, would you have your laser eye surgery done by someone who had studied and qualified to carry out the procedure or someone who said they could do it before lunchtime.

Anacedotal evidence has shown that this procedure can lead to injured parties recieving more damages if they instruct a solicitor to act for them.

No solicitor worth their salt would take a penny from your damages and should deal with your claim on a ‘no win-no fee’ basis.

Your insurance premiums will not be affected; you are claiming on their drivers insurance; not yours.


Once you settle your claim, that is it you can’t go back for more so you want to make sure that your injuries have recovered or at least levelled out before you even think of settling your claim.


If your injuries get worse but you accepted the other sides offer you can’t go back for more.

You may need time off work for treatment or recovery; if you have accepted the other side’s offer then you can’t go back for more.

To make sure that you get the damages you deserve speak to a solicitor and get qualified legal advice.

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