It is a condition of all insurance policies that prompt notification is made of any incident which might result in a claim. Failure to comply with this condition could prejudice your position should a claim actually be made
Do not admit liability or take any action which could be construed as an admission of liability.
The following action should be taken:
1. Non Motor Accidents to Employees and/or Third Parties
All fatalities and major injuries must be advised to Kingsland Robart immediately by telephone (01743 360545) or fax (01743 360726). Statements should be taken from witnesses and sent with full details on the Insurer’s Accident Report Form as soon as possible
1.1 Other accidents to third parties or employees (including any which result in absence in excess of 3 consecutive days) should be advised to Kingsland Robart promptly on an Accident Report Form
1.2 Upon receipt of a letter of claim acknowledgement must be made within 21 days of the date of posting the letter, identifying your Insurer. This should be copied to Kingsland Robart. If no acknowledgement is made the claimant will be entitled to issue proceedings.
If you consider that liability should be denied please provide reasons for such denial with all documentation which is material to the issue. Insurers will have a maximum of three months from the date of the acknowledgement of the claim to investigate and respond on your behalf
1.3 If proceedings are issued against you these should be acknowledged and passed to Kingsland Robart immediately
1.4 Where there is a possibility of prosecution for a breach of Health & Safety or other Regulations advise Kingsland Robart immediately
2. For Workplace Liability Claims
Within 21 days of receiving a Letter of Claim the following documents must be made available to Insurers:
· A copy of the Accident Book entry
· Details of the employees pre-accident earnings (at least 13 weeks)
· Copy of the RIDDOR report to the HSE
· Safety Representative’s Accident Report
· Any medical and/or death certificate
· Hospital and/or Doctor’s receipts if applicable
· A copy of the report to DSS
· Other documentation relevant to the incident, particularly those produced to comply with Workplace and other Regulations
3. All Other Liability Claims (except Motor – see below)
Within 21 days of receipt of a Letter of Claim provide any documents or other evidence in your possession which may be material to the issues between the parties and/or which are likely to be ordered to be disclosed by the Court
4. Property Damage & Business Interruption Losses
4.1. Advise Kingsland Robart as soon as possible. We will arrange for a Loss Adjuster to be appointed and/or provide you with claim form(s) for completion
4.2. Act promptly to minimise the loss
4.3. Do everything possible to ensure continuation of trading
4.4. Remember that unless your insurance has been specifically extended (by the addition of an item covering “Additional Increased Cost of Working”) you will not be covered beyond the principle of “spending a pound to save a pound”
4.5. Retain damaged property and/or salvage until your Insurer has authorised its disposal or otherwise
4.6. You may be put under pressure to appoint a Loss Assessor. We strongly recommend that you seek our advice first
5. Motor Claims Procedures
5.1. Motor claims should be advised to your Insurers in accordance with their own required procedures. This may be by telephone and they may require completion of a claim form. Please ensure all questions are answered fully to ensure delays are avoided
5.2. Unless repairs are being carried out by Insurers’ Approved repairers, send the completed accident report form to Kingsland Robart with at least one repair estimate. Do not delay sending the form if an estimate is not immediately available.
5.3. Take statements from witnesses
5.4. Never admit liability whatever the circumstances. All correspondence from third parties or their solicitors should be forwarded unanswered to us immediately
5.5. It is unlikely that your cover includes the cost of hiring alternative transport so please discuss with us before committing to extra costs that you may not be able to recover.
6. All other Incidents
6.1. Advise Kingsland Robart as soon as possible and we will advise you of the appropriate action to take
6.2. You should ensure that you do everything possible to minimise the loss. Avoid making statements or taking any action which may prejudice your claim or your rights of recovery from potentially liable parties
Remember - Insurers could repudiate liability if your actions have precluded them from defending a claim
Kingsland Robart & Co, 51 High Street, Shrewsbury, Shropshire, SY1 1ST - Authorised and regulated by the Financial Services Authority