Insurers are trying to force accident victims to settle their claims just hours after the accident occurred according to shocking research by road safety charity, Brake.

The group is concerned that people involved in accidents are being pushed into taking pay-outs before getting medical or legal advice. Therefore, solicitors are calling for tighter rules on how companies treat third parties involved in accidents.

The insurance industry claims that victims should receive their compensation as quickly as possible without resorting to lengthy court proceedings.

If a driver is involved in an accident, which was not their fault, they are expected to deal with the other person’s insurer, but Brake says it is concerned that insurance companies are pushing crash victims to settle too quickly.

One victim of such behaviour is Ms Harrison who suffered severe facial injuries when another car crashed head-on with hers last March. She received phone calls from an agent of the other drivers insurance company the day after she got out of hospital.

She explains: “From the day I got home, the insurance company phoned me and were pressuring me not to take it any further – not to seek legal advice. I was really shocked.

“He was really forceful, like a bully – really trying to push me to close a deal.”

Deception

Once she instructed lawyers, Ms Harrison explains how the insurance company was able to get hold of her medical records: “They poised as someone working for my solicitor in order to obtain my medical records. I had no idea insurance companies would behave in that way.”

Jane Horton – spokesperson at Brake says that insurers should not make this kind of direct and unsolicited contact.

She says: “It’s as if having been made a victim once… you’re then being made a victim twice by then being approached when you’re not really equipped to deal with it.”

A former claims handler from the same company that contacted Ms Harrison said: “My sole job was to capture those clients – to stop them getting independent legal advice, ant try to settle direct in their living room.”

But his previous employer denies this claiming it has a pro-active approach that is based on paying fair compensation quickly so that third parties appreciate their service.

Respecting Claimant’s Rights

The company added that it “completely respects a claimant’s right to appoint a solicitor.” They are also investigating how their company got hold of Ms Harrisons medical reports.

However, personal injury lawyers say that this kind of behaviour is widespread across the industry.

The Association of British Insurers insists that its members only contact the injured third party drivers to help them get their compensation more quickly.

Assistant Director of ABI, Justin Jacobs says: “It is the right thing for insurers to be doing, rather than requiring claimants to drag them through the courts.”

However, the Motor Accident Solicitors’ Society and Brake are calling for tighter restrictions and regulations to be put into place.

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