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The Risks of Claiming Directly With an Insurer
If an insurer has made you an offer to compensate and settle your claim for injury and loss, how will you know if it is fair or whether you are being low-balled by them? The best advice is that you should not accept any offer without first seeking expert legal advice.
Claiming directly without solicitor representation may seem attractive, but doing so comes with significant risks. Insurers are businesses focused on minimising costs, which means their primary goal is to avoid accepting liability and if they do, they will seek to settle your claim for the lowest possible and often below fair amount.
How to Claim By Yourself (The Process)
If you choose to claim without a solicitor, you will deal directly with the responsible party’s insurance company. The process typically involves:
- Reporting the accident to the insurer, providing full details of what happened.
- Providing details of your injuries and financial losses, including medical bills and proof of lost wages.
- Potentially undergoing a medical examination arranged by the insurer’s chosen doctor.
- Receiving and considering a settlement offer, which you must then decide to accept or negotiate.
The problem with this approach is knowing what you can claim for and how to value it. Do you know the difference between general and special damages? Do you know how to overcome denials of liability? This is where claimants often run into trouble. Another issue to consider is whether your actions may undermine your claim and make it very difficult for a solicitor to take over the matter and succeed for you.
Common Insurer Tactics to Be Aware Of
Insurance adjusters are experienced negotiators. Understanding their common tactics can help you recognise when you might need professional help:
- Making Low Initial Offers: Insurers will make a low first offer, hoping you will accept it out of financial need or a desire to get the claims process over with.
- Delaying the Process: Unnecessary delays in responding or repeatedly asking for the same or more information can wear claimants down, making them more likely to accept a poor offer.
- Disputing Liability: Even with clear evidence, an insurer may dispute that their client was at fault – all in with the goal of avoiding paying compensation.
- Undervaluing Long-Term Impacts: Insurers may focus only on your immediate costs, ignoring the future impact of your injuries, such as ongoing treatment needs or loss of earning capacity.
Once you’ve accepted an offer, your claim is settled and closed – forever. You cannot return to the insurers to ask for more money later, even if your injury turns out to be more serious than you first thought.
The Benefits of Using a Specialist Personal Injury Solicitor
Instructing a specialist personal injury solicitor to act for you on a no win no fee basis provides numerous advantages that almost always lead to a better outcome.
Expert Legal Advice and Accurate Claim Valuation
A specialist solicitor understands personal injury law and knows how to prove negligence in your case. A solicitor will accurately value your claim, including future losses, ensuring the right evidence is obtained to support your claim. They will negotiate effectively with experienced insurance adjusters, countering the insurers tactics mentioned earlier to secure the maximum and fair amount of compensation that you are entitled to.
Comprehensive and Independent Medical Evidence
Crucially, a solicitor will arrange for you to see an independent medical expert who specialises in your type of injury. The expert will provide a detailed report summarising your injuries, their long-term impact, and your prognosis for recovery.
This independent medical evidence is far more robust than an assessment arranged by an insurer and is a vital part of the process to ensure you receive a fair settlement that accounts for the pain and discomfort you’ve experienced, your lost income and any future needs or costs you may incur because of the injuries sustained.
Reduced Stress and No Financial Risk
Our specialist solicitors handle will take the stress of handling the claim away from you. They will deal with the pressure of all the insurer’s communication, shielding you from difficult negotiations and protecting you from making mistakes that could harm your claim. With our solicitors no win no fee agreements, there are costs for you to cover and you’ll only contribute to your legal costs if your claim is successful.
But What About the Solicitor’s Fees?
Successful claimants do have to contribute towards the costs of their claim because they cannot compel a defendant to pay 100% of their legal costs. As such, claimants contribute from their settlement if they win. With us, this deduction is capped at a maximum of 25% of any awarded compensation.
It is understandable to think that claiming directly without a solicitor avoids this potential cost, but a specialist solicitor will almost certainly win a settlement that is significantly higher than an insurer’s direct offer. This increase more than covers the success fee you may have deducted from settlement, meaning you still end up with more compensation in your pocket, whilst not having to deal with the stress an insurer may cause during the claims process.
Living Your Life Normally and Honestly During the Claims Process
Whether you are claiming yourself or using a solicitor, it is vital that you try to live your life as normally as possible and as close to the way you lived before your accident, while being completely honest about your condition and following any medical advice you are given.
Personal Injury Surveillance: Are You Being Watched?
Insurance companies may use surveillance to investigate claims and claimants if they suspect any fraudulent activity, especially in high-value cases. Insurers will also monitor claims where no fraud is suspected, simply to try and find ways to undermine a claim. While fraudulent claims are extremely rare, the practice of surveillance can make genuine claimants anxious about their daily activities.
Remember, genuine claimants have nothing to fear. The only people who need to worry are those who dishonestly exaggerate their injuries or losses. An insurer filming you walking your dog or taking your children to the park does not harm your claim if your doctor has advised you to stay active and you have been truthful about your limitations.
The Importance of Honesty and Documenting Your Recovery
Being truthful is of paramount importance. Never exaggerate injury symptoms, but equally, do not downplay the genuine difficulties you face. The aim should be for you to present an accurate picture of the impact your injuries have on your life.
- Keep a Recovery Diary: Record your daily pain levels, medication, and any difficulties you have with tasks like sleeping, household chores, or work. This provides a clear, contemporaneous record of your recovery journey.
- Attend All Medical Appointments: Be honest with your doctors about your progress, including both good days and bad days. Your medical records are official evidence for your claim.
- Take Photos: Regularly photograph any visible injuries to document the healing process.
Balancing Activities with Your Claim
- Work and Employment: Returning to work, when medically advised, is important. Communicate openly with your employer about any limitations. Consider a phased return or modified duties, and document any difficulties you experience.
- Social Life and Hobbies: Maintain your social life within your capabilities. Document any pain or discomfort you experience during social activities, such as needing to take frequent breaks.
- Physical Exercise and Sports: Always follow your doctor’s or physiotherapist’s advice. Engaging in appropriate, approved exercise can aid recovery. Avoid activities that could worsen your condition.
Social Media Considerations
In the world we live in now, claimants should be aware that insurers will monitor your social media profiles and activities. A photo or post can be easily taken out of context. A picture of you smiling at a party could be used to question the severity of your suffering, even if you were in pain and left early. It is wise to increase your privacy settings and avoid posting about your accident, injury, or claim.
A Real-Life Example of Personal Injury Surveillance
A 30-year-old chef and avid sportsman suffered a severely fractured pelvis that required surgery after a car accident. Medical experts agreed that he would never fully recover.
Despite the prognosis, his surgeon advised staying active to prevent further deterioration, specifically advising that he could return to playing tennis, riding his bike, and doing things like cutting the grass. This advice was recorded in his medical records with mobility and fitness known to be beneficial to longer term recovery.
Two years into his claim, the claimant was shocked to discover he was being filmed while playing tennis with his 70-year-old father and whilst mowing his lawn. This occurred even though liability had been admitted. The claimant felt distressed by this surveillance, which seemed to question his integrity despite the clear medical evidence supporting his claim.
By using the medical records and a letter from the surgeon in which they confirmed that they instructed the injured chef to be as active as possible, the chef and his solicitors continued to settle the claim appropriately.
Remember, it’s in everyone’s interest for injured parties to recover as fully as possible. Staying active as possible, following medical advice is sensible and helpful. It is simply the case that you must always be honest about your condition after an accident and how any of your capabilities may be affected.
Unsure About an Insurer’s Offer or How to Proceed?
Dealing with insurers can be stressful, and it’s difficult to know if you’re being fobbed off or offered a fair settlement. Before you accept any offer or proceed with a claim on your own, let our expert team review your case for free.
Our solicitors can tell you what your claim is really worth and they will handle the matter for you on a no win no fee basis, ensuring you get the maximum compensation you deserve with zero stress.
When you make a claim for injury compensation it is important to ensure that you get the maximum settlement available and Direct2Compensation can help with this. Call us on 01225 430285, or if you prefer, .
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