What should I do if contacted by the other driver’s insurance company?
People involved in road traffic accidents who are not to blame for the accident are often contacted by the other driver’s insurance company. They may ask you if you were injured in the accident and, if you were, try to persuade you to let them deal with your personal injury claim or alternatively settle your claim for an amount suggested by them there and then.
Our expert, Shelyna Mariscal Partner in the Personal Injury Department advises not to discuss your claim with the other driver’s insurance company:
“The purpose of the other driver’s insurance company contacting a victim of an accident directly is to try to “capture” the claim. By this I mean that they try to persuade the injured party that they do not need a Solicitor to help them with their claim and that, if they have one, it will only delay the settlement of their claim and give the Solicitor lots of money for costs. This is not the case.
It is dangerous to let the insurance company deal with your claim directly as they do have a conflict of interests. Obviously it is in their best interests to settle an injured party’s personal injury claim for as little as possible thus saving them money. They are unlikely to advise the injured Party what they can and cannot claim for and their offer for compensation for your injury is more often than not too low. As for the issue of Solicitor’s costs, these are fixed so it is not correct when they try to claim that the more work done by the Solicitor the more money we receive.”
I always advise clients to get the independent advice of a Solicitor to ensure that the claim is settled fairly.”