A national campaign is being run by the Motor Accident Solicitors Society warning people about the dangers of dealing directly with the other party's insurance company after a road traffic accident when negotiating settlement of a personal injury claim.

MASS is a not-for-profit organisation formed in 1991 to protect the rights of people involved in road traffic accidents.

It is currently lobbying the Government to tighten the rules that regulate insurance companies that contact the innocent victim directly - known as 'third party capture' or 'third party assistance'.

Following an accident, an insurance company will sometimes contact the innocent accident victim directly and try to negotiate settlement of their claim without medical evidence and without the innocent victim seeking independent advice.

According to MASS, some insurers even suggest that it will cost the innocent party more, and that the process will take longer, if they seek independent advice.

If you're approached by the other party's insurance company after a road traffic accident that wasn't your fault, always remember that no matter how pleasant they appear, they don't act for you. Insurance companies aren't in business for fun; they're in it to make money.

To make sure you're getting all the compensation you're entitled to, always contact a reputable personal injury specialist, preferably a member of the Association of Personal Injury Lawyers (APIL) or MASS.

They'll represent your interests and will be able to counter any tactics your opponents throw your way. They'll present your case properly to make sure you receive all the compensation you're entitled to.

Access Legal from Shoosmiths legal executive Hayley Brown said: "We often see innocent accident victims who've been contacted by insurance companies directly.

"They're offered a relatively small amount of money in settlement of their claim without a medical report or anyone representing their interests. Sometimes the innocent victim doesn't realise that the insurance company isn't acting on their behalf.

"It worries me is that there's no safeguard to make sure these victims are receiving the right amount of compensation. It's really important that if you're contacted by the other party's insurance company you speak to a personal injury specialist as soon as possible.

"Most specialists will work on a 'no-win-no-fee' basis. Any costs will be paid by the other side on top of what you get, so it doesn't cost you a penny. They'll make sure your claim is dealt with quickly and fairly."

The introduction of the new streamlined road accident claims process makes claiming compensation much quicker and easier. We contact the other party's insurance company by email via a secure electronic system, which means the responsible party has to deal with your claim much faster.

Further details of the MASS campaign can be found here.

Tell us what you think

All documents should be read and used in accordance with the terms and conditions. This document is for your general information only and is not a detailed statement of the law. It is provided to you free of charge and should not be used as a substitute for specific legal advice. If you require specific legal advice please contact our helpline on 03700 86 86 86.