People often believe insurance policies offer peace of mind – a safety net that can put things right if things go wrong, writes Gordon Dalyell, partner at Digby Brown.
But every day, we help car crash victims who feel they are getting nowhere when dealing with an insurance company alone.
The biggest problems people face generally fall into two categories: they are either frustrated by the process or extremely let down by the outcome.
The idea is simple – pay your premium, follow the rules of the road and your policy, and you will receive compensation if you’re affected by negligence. But is that really happening?
Arguably, insurance companies have a sweet deal when it comes to vehicle insurance.
It’s against the law for drivers to be without insurance, and rightly so. Compulsory insurance is important as it means people injured in an accident that was not their fault will be able to be compensated for their losses. However, it’s a captive market for insurance companies.
They know that most people making a claim under a policy only do so once in their lifetime, whereas they deal with thousands of claims day in, day out. They are able to decide how much will be paid out to an injured person. They guard the doors and hold the keys.
Now, if you’re hurt after a road accident, your insurer might point out that your policy already includes Legal Expenses Insurance, also known as LEI cover. This is when your insurance policy effectively gives you pre-paid access to a lawyer who can look into your claim.
But here’s the problem – you don’t get to pick your LEI lawyer. The insurer picks it for you. Can you be sure that the LEI lawyer is independent if the insurance company has picked and paid for them? Will they take the case to court if the offer that has been made isn’t fair?
Why do insurers do this? They want to keep a hand in everything because, ultimately, it is they who have to pay you. Their main obligation is to their shareholders. It’s, therefore, in their interests to do what they can to keep any amount to be paid as small as possible while having the outward appearance of seeming helpful.
Yet here’s the thing – they only have all the power if you choose to play ball by their rules. And you don’t have to.
There’s a way you can level the playing field against insurance companies after a road traffic accident and it’s really simple – speak to an independent legal expert.
Thousands of people every year make insurance claims after accidents on the road, so lots of people reading this will understand the process, so let us ask you this:
What did the insurer do before they offered you a value for your personal injury claim?
Did they pledge to investigate the full crash circumstances?
Did they pledge to recover medical records to fully understand your injury?
Did they seek to have experts assess your injuries to understand the future impact your injury would have on your work or personal life?
Or did they just offer a few quick quid and even say things to scare you into accepting it on the spot – like taking away courtesy cars, no claims bonuses, blacklisting you from future policies, or even getting you to foot certain bills connected to the car repairs?
Insurance companies are repeat players when dealing with accident claims. You will probably be making a claim for the first and only time in your life.
The only way to make sure you get fair and accurate compensation is to get an expert to work on your behalf and actually do the work and calculations that reveal what a fair outcome looks like.
That expert needs to be an independent solicitor – ideally, one with a no win, no fee funding model so there’s no risk to you should the claim ever go to court.
It doesn’t happen often – most of Digby Brown’s cases settle without the need for a final court hearing. But sometimes, a legal fight is the only way to ensure that the insurer does what’s right for you and not themselves.
Because the only peace of mind that counts is the one you get after keeping the future safe for you and your family.