Personal Injury
By Conal McGarrity
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Road Traffic Collisions – What is “Third Party Capture”?

Third Party Capture is a term which is used to describe a tactic used by some insurance companies whereby they will offer a person who has been involved in an accident compensation before that person has had an opportunity to obtain legal advice and medical evidence documenting their injuries. The potential for injustice is obvious and these tactics have been criticised by many representatives of those who have the misfortune to be injured in an accident.

Although this practice is frowned upon and discouraged, there is no legislation banning it and protecting those involved in an accident. At P.A.Duffy & Company solicitors we strongly urge clients not to engage in negotiations with an insurance company without the benefit of legal advice and in particular without obtaining independent medical evidence. There is no way to assess whether any offer which is made before medical evidence has been obtained is appropriate and it is highly likely that any such offer will not represent fair and proper compensation.

The offer will be made in full and final settlement and there is very little prospect of re-opening negotiations once such an offer has been accepted. There will also be very little opportunity to investigate other aspects of your case such as a loss of earnings claim. If you have the misfortune to be involved in a road traffic accident please speak to us to ensure that you obtain the compensation which you are entitled to.

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