first_imgPersonal injury lawyers are being asked to provide evidence of alleged foul play by insurance companies that settle motor accident claims directly with victims. The Motor Accident Solicitors Society (MASS) and Association of Personal Injury Lawyers (APIL) have asked members to pass on evidence of alleged wrongdoing by insurers that carry out third party capture, in a bid to force the Financial Services Authority to either ban or formally regulate the practice. They have been joined by the Trades Union Congress (TUC), which says it has evidence that insurers are denying liability in valid claims and under-settling others. MASS chairman John Spencer said that third party capture should be banned unless three conditions are met: that insurers provide proof that third parties have been informed about the availability of independent legal advice; that a clear set of rules on third party capture is developed; and that effective sanctions are applied by an ‘appropriate regulator’. ‘Let us be in no doubt whatsoever, the only reason insurers want to settle claims direct with claimants is to reduce their costs,’ he said. A spokesman for the Association of British Insurers (ABI) said: ‘When an insurer contacts a third party it is because they want to provide them with fair compensation and where appropriate access to rehabilitation services as quickly as possible.’ He said the ABI (pictured) will shortly publish guidance for members and the public on third party claims assistance, which will make policyholders ‘fully aware of their legal rights and options available.’last_img