Rank: Forum user 
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I have received an accident claim from an insurance company.
The claim relates to one of our sub contractors.
This is the first we have heard anything of this incident, wasn't reported to us hence no accident book entry, investigation etc.
The insurance company have listed a whole raft of regulations (most of the management regs) they believe we have been negligent (they state "particulars of negilence", I would have said "breach of statutory duty").
E.G. Reg 9 MHSAW regs (we didn't ensure there was first aid care or their client didn't receive treatment after the incident).
The subbie was allegedly hurt by some piece of equipment that has nothing to do with us at all.
What advice could you guys offer me in fighting this claim?
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Rank: Super forum user 
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If the piece of equipment has nothing to do with you at all, who does it have something to do with?
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Rank: Super forum user 
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Not so much "fighting" as refuting the claim. In the first instance, contact your own insurers, who will be interested and may want to act on your behalf. If all is as you say, they will simply refute the claim.
Remember the burden of proof is with the claimant here.
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Rank: Forum user
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Safety Smurf wrote:If the piece of equipment has nothing to do with you at all, who does it have something to do with?
The equipment mentioned is something that the main contractor has in place before we go in to do any work.
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Rank: Forum user
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ron hunter wrote:Not so much "fighting" as refuting the claim. In the first instance, contact your own insurers, who will be interested and may want to act on your behalf. If all is as you say, they will simply refute the claim.
Remember the burden of proof is with the claimant here.
Im drafting a reply to give to our insurers as from experience they will just admit liability and pay up, then get the money back by increasing our premiums next year.
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Rank: Super forum user
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Sad but true, that many insurers may settle up for moderate sums without taking the trouble to delve into the facts. Bear in mind though that these payouts are carefully worded, and what they won't include is any admission of liability- which would leave a big door wide open!
This is why the letter you've received refers to negligence as opposed to statutory breach -they've half an eye on a potential civil claim.
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Rank: Forum user 
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Start with "this wasn't reported to us, so as far as we were concerned it didn't happen"
Then demonstrate as far as possible:
- what your accident reporting arrangements were at the time of the alleged accident
- what measures you'd taken to draw the arrangements to the attention of the allegedly injured party.
- what you would've done if the accident had been reported (e.g.a real accident report and investigation with personal details redacted)
Also be prepared to show what training and protective measures you had in place to prevent the accident - as whether or not the accident happened you should still have had something. if you relied on the equipment owner/supplier to provide that, demonstrate why you considered that adequate.
I know what you mean about insurers - in my last company, to pay up without fighting seemed to be their default position. Surprise surprise, loads of claims for implausible incidents.
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Rank: Forum user
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Zoltangera
Equally if you are new to claims you may not realise that you will have been sent in the main a standard letter - certainly in relation to all the regulations etc that have been listed. I deal with claims almost daily and have learnt who are the good (generally the union solicitors) the bad and the ugly (the no win no fee more used to dealing with trips in the street) brigade.
The letters of claim can look daunting - but you are not alone in this process. It should go as follows:
1. Send a copy of all that you have received to your company's employer liability insurer
2. You are then likely to get a call from the claims assessor/inspector who will come and visit you to carry out an investigation - supply as much information as you can
the process will then have started and it will be looked at by your insurer - it is so essential that you are however active in the process as some companies will work without involving you. Please also however be aware - the cost of 'fighting' a claim is massive so there will be a cost benefit analysis undertaken based on the validity of the claim, the likely reserve (also rarely given) and the 'usual' payment for such an injury.
If you need anymore help PM me
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Rank: Super forum user 
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ron hunter wrote:Not so much "fighting" as refuting the claim. In the first instance, contact your own insurers, who will be interested and may want to act on your behalf. If all is as you say, they will simply refute the claim.
Remember the burden of proof is with the claimant here.
They could be claiming Res ipsa loquitur If something is under the control of the defendant , and an accident occurs in circumstances such that it would not have happened unless there had been a want of a duty of care by the defendant, then a presumption is raised thatthe defendant has been negligent. The burden is then put on the defendant to show that there was no wahnt of care on his part.
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Rank: Super forum user 
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zoltangera wrote:I have received an accident claim from an insurance company.
quote]
Really, from an insurance company? If that is the case then just pass it straight to your insurance company without replying. I was always taught to do that even if the claim was from solicitors and there had been an accident.
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