How a public liability claim usually works

Why the original records matter

Forward demands and solicitor letters without rewriting or answering their allegations yourself.

Notification is not the same as admitting legal responsibility. Give the firm handling the matter the facts it needs to investigate.

For this subject, record the position on three points: the claimant’s losses are still developing; several parties may share responsibility; and policy wording or dates are disputed. Give dates where possible and identify the source of information supplied by somebody else.

Put these items together next: a clear chronology; all correspondence and evidence; and names of subcontractors or other insurers. Keep originals in their existing form. An incomplete genuine record is better than a polished reconstruction made later.

Check the policy’s notification instructions and use the contact route shown in the documents. Keep proof of what was sent and when. If the matter changes, pass the new information on.

What needs recording

Do not lose sight of these practical points:

• The claimant’s losses are still developing
• Several parties may share responsibility
• Policy wording or dates are disputed

Keep the material secure, particularly where it contains medical or personal information.

Begin with “the claimant’s losses are still developing”. Write down when it happened, who was involved and what was done straight away. Avoid filling gaps with assumptions. If you are not sure of a detail, say so and check the original record.

Next consider “several parties may share responsibility”. Preserve any photographs, correspondence, contracts or job notes that bear on it. The third point, “policy wording or dates are disputed”, may explain why the matter needs prompt notification even if no formal demand has arrived.

Keep the account factual. The insurer or broker can ask follow-up questions and decide what the policy requires; your immediate job is to preserve the information and pass it on.

Information worth keeping

Put these records together while the details are still fresh:

• A clear chronology
• All correspondence and evidence
• Names of subcontractors or other insurers

Organise the material under three headings: “a clear chronology”, “all correspondence and evidence” and “names of subcontractors or other insurers”. Add dates wherever they are known and keep each original document or image unchanged.

Separate what you saw from information supplied by somebody else. For anything received later, note who supplied it and when. This gives the insurer or broker a clear record without turning uncertain details into fact.

Do not delete an awkward message or alter a note after the event.

While the claim is being considered

• Cooperate with reasonable enquiries
• Do not contact represented claimants directly
• Keep the insurer told about new information

Do not agree a payment or accept blame before the firm handling the claim has considered the facts.

A final paperwork check

Save the original job information, photographs, messages and any later correspondence in date order. Keep a note of telephone conversations, including who called and what was agreed. Do not rewrite an earlier record to make it neater.

Pass letters of claim, solicitor correspondence or new evidence to the insurer or broker promptly. Avoid entering into an argument with the other party or promising a payment before the firm handling the claim has considered it.

If urgent action was needed to make the place safe or prevent further damage, keep the invoice and explain why the work could not wait. One caution is worth repeating: Keep the insurer told about new information.

Once the immediate issue has settled, review what happened. A practical change to the work method, site records or customer instructions may reduce the chance of a repeat.