The observations on third-party capture made by Henry Bermingham, president of the Forum of Insurance Lawyers, in last week's comment page cannot go unchallenged (see [2008] Gazette, 17 April, 12). We read that this phenomenon - defendant insurers negotiating with the injured person directly - has produced no empirical evidence that 'claimants are left short-changed'. I beg to differ. I recently settled a knee injury claim on behalf of a client living in Dorset against a large household-name insurer. Prior to my involvement, the insurer had been trying to persuade my client to accept settlement at £6,700. My client became suspicious and instructed my practice. Settlement was finally achieved at £21,500, after the issuing of proceedings. Clearly the insurance industry and its apologists would have us believe otherwise, but from my perspective as a claimant solicitor, clients always deserve independent representation.


Boris Kremer, Gosport