CLAIMS GUIDE - PUBLIC AND PRODUCTS LIABILITY

You should always record any incidents that could lead to a Public or Products Liability claim in an incident register.  If a claim is presented by a third party accept any documentation on a 'without prejudice' basis and immediately refer it to your account manager.

Never admit liability or offer a settlement to a third party claimant as such action could prevent recovery by your insurer or void cover under the policy.

Witnesses to incidents should be asked for a written statement of the circumstances and provide their name and address for future corroboration if required.  If the claim you have received is a court document, for example:

• a statement of claim
• a writ
• a summons

call us immediately to advise the details and send us a copy of the document.

Your insurer will review the circumstances of the claim to ensure the incident is covered by your policy. They will then appoint a solicitor to represent you.  The Solicitor will work with the insurer and a loss adjuster to determine your potential liability and decide on a course of action.  Where your liability for a claim is clear-cut your insurer may decide to make an offer of settlement to the third party.  If there are reasonable grounds to defend the matter the solicitor will be instructed by your insurer on a course of action.

If an insurer does not accept a claim under your policy or defers a decision pending further investigation we will advise you to appoint your own solicitor to represent you. The cost of appointing your solicitor is only recoverable if your insurer accepts the claim and the cost is reasonable.  If your insurer accepts a claim after you have appointed your own solicitor, they have the option of continuing this arrangement or making a new appointment.

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Always ensure that any evidence required by investigators or the police is preserved for future reference.