This is the only way to make an insurance company do the right thing

Most of us think of insurance policies like a safety net. They are there to help us if things go wrong and give us peace of mind. 

Pay your insurance, drive responsibly, and follow the rules of your policy. If someone causes a road accident that wasn’t your fault, then you should receive compensation. 

But is that really what happens?

We speak to road traffic victims every day who feel stuck, overwhelmed and getting nowhere when trying to deal with insurance companies on their own.

Their struggles usually fall into one of two problems:

• The claims process is confusing and frustrating
• The outcome leaves them feeling extremely let down

Insurers have it relatively easy when it comes to car insurance. 

Driving without insurance is illegal, as it should be. This law is important as it ensures that innocent people can claim compensation for injuries and damages in accidents they didn’t cause. 

It also means that drivers have to deal with insurers, giving them significant control over pricing and policies. Insurers know that the majority of drivers will only make a claim on their car insurance once in their lifetime, if at all. 

But for them, it’s routine. 

They deal with these kinds of claims day in and day out. This gives them a clear advantage and allows them to dictate how much will be paid out to the injured person and whether that amount is fair. 

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 the insurer picks the solicitor, not you. And if the insurer is paying, how independent can that solicitor be?

Insurers want to appear helpful but they have a financial incentive to keep payouts low, even if that means pressuring people to settle quickly. They like to keep the ball in their court. 

But many people don’t realise you are not stuck playing by their rules. There is no obligation to use their solicitor or accept the first offer. 

Before you accept any offer, ask yourself:

• Did the insurer take time to understand what really happened?
• Did they gather medical records to understand the full extent of your injury?
• Did they involve independent specialists to assess long-term impacts?
• Or did they rush you, throw out a figure, and use tactics to pressure you into settling?

You are entitled to speak to an independent legal expert - someone whose only focus is you and your best interests. 

Getting proper legal support helps ensure you are not short-changed. The only way to make sure you get fair and accurate compensation is to get an expert to work on your behalf and do the work and calculations for you.

Most of our cases settle without ever going to court. But if a legal battle becomes necessary, you’ll have someone ready to fight your corner.

Because the only peace of mind that matters is knowing your future has been properly protected.

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Gordon Dalyell, Partner