If you've been involved in a road accident and are making a claim against the liable party's insurers then you might have been contacted by them or one of their representatives offering to settle your claim quickly and without any 'fuss.' So is it better to use your own road accident solicitor or accept what is offered to you by their insurer?

Recently, insurers have been lambasted in the press and by consumer and road accident solicitor groups for using a tactic known as third party capture. Or, if you prefer to know it by its slightly nicer name, third party assistance: the one used in the insurance industry.

This technique basically involves getting in touch with the victim and making an offer to settle their claim without having to go to court or go through drawan out negotiations. This normally happens very early after the accident, often before the victim has been able to speak to their road accident solicitor. Of course, you might consider this an example of an efficient service with you in mind. If you were to ask your road accident solicitor, though, they might not see it that way.

This is because, often, the amount of money offered to the victim by the insurance company in these circumstances is less than they might have received if they had enlisted the help of a road accident solicitor and proceded with a legal case.

Another concern is that until very recently there was no regulation of this practice. And even now all that exists is a voluntary code of practice. The guidelines, put together by the Association of British Insurers bar insurance companies from making the first contact with the victim in person. This is to avoid victims being pressured into agreeing to the settlement by a visitor from the insurance company before they have spoken with a road accident solicitor. Instead first contact should be made by telephone or letter. Also, the code dictates that insurance companies must underline the victim's right to seek independent legal advice at any stage.

At the end of the day it is the accident victim who must make the decision on what route to take to get compensation for their injury and the damage to their vehicle. But there is certainly no harm in asking a road accident solicitor's opinion, especially since he or she will most probably take on your claim on a no win no fee basis and recover their costs from the other side.