How to respond to a Negligence Claim
Most professionals are required to have insurance. This should be your first port of call should a negligence claim been made against you.
Many insurers require that they are put on notice of disputes in certain circumstances. So it is important to ensure that you are aware of any requirements under your policy. This includes when you need to notify your insurer and how this can be done.
It may be wise to put something in writing to an insurer. Notifying them of a dispute, even if to confirm what was discussed in a telephone call. This will ensure that there is clear evidence of any notification made to them in accordance with your policy
If you are not sure if a particular matter falls within the requirement to notify or not, you should contact your insurer and seek guidance. Any further actions that you take, may then need to be guided by your insurance. Therefore do assess what the insurers position is on notification.
Understand the position and assess any deadlines
If the insurer hasn’t stepped into act, may be a formal letter of claim hasn’t been issued. The insurers wont respond unless this a formal letter of claim has been issued. It is important that you are clear on exactly what is being claimed. For example why, and whether there are any requirements and/or deadlines.
Points to consider
- What has been claimed?
- Is this connected to services provided by anyone else?
- Has any evidence been provided at all?
- Does the evidence claim what is stated and is it good enough?
- Are there any rebuttals at all?
- Do you need to attend site at all?
Seek Legal Advice
It is important to obtain legal advice in the very early stages. This may affect any actions or decision made by you. If your insurer is dealing with the matter, you are still able to choose your own legal advisors.
You may want to ensure that the solicitors acting have sufficient experience of construction and building disputes. This is because your no-claims bonus as well as your reputation could be on the line.
Altion Law are specialists at advising and representing parties with Construction Negligence Claims. If you would like to have a confidential discussion with a member of our team, please complete our Contact Us Form, and we will call you back at a time that is suitable for you or you can contact us directly on 01908 414990.