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Liability Claims

Employers Liability, Public Liability and Products Liability

Liability claims require you to have a legal responsibility and such claims will need to be thoroughly investigated before the allegations are accepted or denied. Immediately you receive notification of an allegation against you or your company, you should inform us and forward any correspondence you have received, unanswered, to us as soon as possible. You should include all relevant documents (such as accident records, statements, etc) together with your comments on liability so that insurers can fully appreciate the circumstances and understand your position.

Please do not write to or speak to the claimant (the person making the claim) or their solicitor or representative about the claim. You should not supply them with information or give them access to any accident site without first consulting with us or your insurers.

Following recent reforms, insurers have three months to investigate the circumstances of a personal injury claim and provide a decision on liability. Whilst the rules governing non-personal injury claims are not as strict, it is important that in both cases insurers and their appointed loss adjusters have your prompt help in this process.

Once your insurers have confirmed cover is operative, they will settle or defend the claim. They will refer to relevant case law and statute law to assist them in reaching a decision. If the claim should be defended, insurers will take the necessary action on your behalf. If, the claim should be settled, insurers will deal with all aspects of the claim on your behalf, including the cost of investigating and settling the claim. They may also pay for legal fees according to the terms of the policy.

If you are deemed to be negligent or have a liability, insurers will discuss the claim with you and explain their decision and once you accept liability, insurers will proceed towards settlement on best possible terms. They will usually settle the claim directly with the Claimant and if a policy excess is payable, you will be required to issue a cheque payable to the insurance company.

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