Wednesday, 10 December 2008

Settling Accident Claims directly with Insurers

Isabel Elliott, partner at Woolsey Morris & Kennedy warns victims of accidents not to settle claims directly with opponents insurers before seeking advice from an independent personal injury lawyer. The insurer has a clear conflict of interest in keeping the amount they pay out to a minimum and will not look after the best interests of the victim.

Independent personal injury lawyers will advise in relation to value and what it is possible to claim for. Victims should not let the insurer push them into settling without at least some initial advice from an independent personal injury lawyer.

Often a medical report is required to determine the exact injuries caused by the accident and how they might affect the victims life in the future.

Woolsey Morris & Kennedy advised a young victim of 19 about a dislocated knee where the insurers had offered £1000 to settle the claim. Woolsey Morris & Kennedy obtained a medical report on the injury which detailed a serious injury worth over £10,000 for pain and suffering and in addition private operation costs of over £8,000.

If a victim settles directly with an insurer it will be on a full and final settlement basis. Therefore, the victim will not be able to go back to the insurer later for more money if the injury takes an unexpected turn for the worse.

With a no win no fee agreement the victim should not have to pay anything to get legal advice before settling a claim because the insurer should pay reasonable legal costs in addition to the compensation payment.

Contact Isabel Elliott on 020 8300 9321 or ielliott@wmk-law.com alternatively Contact Us

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