How your insured client can help you….

Once an insurance company has received a Pre Action Letter, there are a number of ways in which to investigate a claim against your insured.

Often the insured will be the most important source of information and the best starting point for such investigations. It can often be the lack of information or things having been missed which can lead to and admission of liability or to offers being made to claims managements companies who are essentially chancing their luck that a proper investigation will not be made.

Clearly there is a reason that claims management companies and claimant’s alike chance their luck in such matters and that is the hope that due to a lack of resources or time, a detailed investigation will not be made and an offer will. The governments Compensation Bill proposes the regulation of claims management companies and will go some way to limiting this type of action however, the insured can also help by being prepared. In addition to the governments proposals the Association of British Insurers recently announced proposals to improve the speed and fairness of making claims. Their proposals include amongst other ideas the concept of introducing a new Best Practice designed to improve response to accidents and ill health in the workplace

The following is a list of checklists which the insured can use in order to assist with the defence of the claim:

Accident at work

The best ammunition that your client can provide to your lawyers is evidence that a proactive system is in place. It is of the utmost importance that such a system is in place in order to protect the insured's employees and/or visitors and as such the system should be supported by documentation. Proactive means that the system should be regularly revised and there should be incremental improvements to health and safety rules and practice. 

• Accident Book and all accident records - this should clearly show the date and time of the accident
• First Aid Reports
• Supervisor Accident Report
• Health & Safety Policy (for those who employ more than 5 employees)
• Health & Safety Executive Report - if the accident was reported
• Details of any previous accident of the same type
• If previous accidents have occurred, details of any preventative steps taken (pre accident).
• Pre accident Risk Assessment records
• Minutes from Health and Safety meetings
• Best Practice procedures
• Photographs of the accident locus
• Details of any witnesses to the accident

Public Liability Claims

Again the most useful ammunition will be evidence of a system in place which is proactively used and monitored.

• Maintenance records for the area in question
• Minutes from safety meetings
• Inspection records for the area in question
• Complaints records and records of steps taken to improve the area
• Photographic evidence of the state of the area at the time in question or as soon as possible afterwards.

RTA Cases

Whilst Claimant's are often advised to take photographs and names and addresses of witnesses the Defendant may often overlook this fact. It is important to obtain as much evidence in the Defendant's favour as possible as this can lead to a successful defence or to showing contributory negligence on the part of the claimant.

• Photographs - as well as the Claimant, the Defendant should take photos of the damage, accident site and locus of the accident. Many mobile phones now have camera's which can be useful
• Car maintenance records should be kept - this is in accordance with the Pre Action Protocol and is particularly vital when allegations of defects are made.
• Call the police if you and/or the Claimant are injured.
• If there are any witnesses take down their details too - name, address and telephone number
• Make a note of the date and time of the accident
• Note down the name of the road where the accident occurred 
• If there is anything unusual about the road then make a note of this too - road works, road signs or speed limits.
• If the police are called obtain all reference numbers and make a note of the time you called the police. Cooperate with the police fully.