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coliedusty  
#1 Posted : 05 September 2011 11:40:25(UTC)
Rank: Forum user
coliedusty

I have been told that as a company whenever you recieve a claim for a personal injury you do not acknowledge it but send it to your insurance brokers and let them deal direct,
is this industry standard?
recently i recieved a letter for a claim and did just that
now 3 letters later from the claimants solicitors stating they still havent heard from me and i am in breach of protocol am i doing something wrong.
how do other companies do things any help please
holmezy  
#2 Posted : 05 September 2011 11:47:59(UTC)
Rank: Forum user
holmezy

Colie,

thats exactly what I'd do, just pass it on to the insurance company. If the claimants solicitor is chasing you, it sounds as if the origional claim letter may have got lost in the "in tray". Might be worth a phone call to see if they are doing anything with it, or if you need to pass any information to them. I'd definately NOT deal directly with the claimants solicitor!!!!!!
Kate  
#3 Posted : 05 September 2011 11:50:15(UTC)
Rank: Super forum user
Kate

Yes, it's normal to pass it to the insurer and have them deal with it.
stevie40  
#4 Posted : 05 September 2011 12:00:15(UTC)
Rank: Super forum user
stevie40

A strongly worded letter / email to your insurance broker and, if you know who they are, the insurer as well, asking why they haven't been in touch with the claimants solicitor.

Insurers are fully aware of the protocols and the timescales involved.

Should be fairly easy to resolve, once you are speaking to the right person.
Graham Bullough  
#5 Posted : 05 September 2011 12:56:30(UTC)
Rank: Super forum user
Graham Bullough

Stevie40 is spot on with his advice about what seems to be a communications hitch involving the insurance broker/insurer which has led to the three letters from the claimant's solicitor.

As regards claims letters generally, there's probably no harm in a recipient sending a brief note to the sender in order to 1) acknowledge receipt of the letter, and 2) advise that the letter has been forwarded to the recipient's insurer. In the case of recipients which are part of large organisations, e.g. a school within a local authority, large organisations tend to have their own insurance depts which liaise with external insurers and claims assessors.

The senders of claims letters are well aware of the system and that claims should be dealt with by insurers. Some senders have the courtesy to suggest that claims letters should be forwarded to insurers. However, some claims letters seem to be couched to intimidate/frighten the initial recipients by the way in they are worded and what they ask for or suggest should exist, e.g. copies of written risk assessments for situations which wouldn't normally warrant such documents. Therefore, recipients should be aware of this aspects, and that they certainly should not respond to any allegations or questions posed in claims letters.
IanF  
#6 Posted : 05 September 2011 14:52:51(UTC)
Rank: Forum user
IanF

I work in the court service, and we have specific personal injury caseworkers to deal with such matters. We have been advised previously that you do NOT reply (not even an acknowledgement letter), as this means the clock 'starts ticking' on the time the Dept gets to defend a case (3 months, I think). We are expected to send the letter to the caseworker, who replies and starts the investigation.

Not sure this is industry standard though.
Canopener  
#7 Posted : 05 September 2011 16:00:08(UTC)
Rank: Super forum user
Canopener

Actually, I take a slightly different approach, which I suggest might avoid such a problem. I generally consider it to be a simple courtesy to reply to someone that has written to 'me' and I see no reason why you shoudn't do so in this case. If I receive a claim or a potential claim for a personal injury claim then I respond to the person that has written in, acknowledging receipt of their letter an informing them that I have passed this on to our insurer; and I provide the details of the insurer as well.

I then write to the insurer (and/or pass through to the insurance officer) the original letter and my response.

I believe that this is both courteous to the originator and meets the requirements of the protocol.
chris42  
#8 Posted : 05 September 2011 16:33:36(UTC)
Rank: Super forum user
chris42

Lord Woolf’s report in 1996, recommended the development of pre action protocols for claims. The following is paraphrased from the protocol, but the protocol contains other points.

A letter of claim is sent from the claimant’s solicitor to the defendant (2 copies, one for you and one for your insurer). You are to respond to this within 21 calendar days of the date of posting the claim letter, providing the details of your insurer and any significant omissions from the letter of claim. Some insurers do not want you to acknowledge, as they prefer to do this themselves, which is ok. If however they don’t, it comes back against you. If there is no reply to the claim within 21 days, the claimant(s Solicitor) can issue proceedings.

The defendant(s insurers) has 3 months from the date of acknowledgement of the claim, to investigate and reply.

These time scales can be extended by either party, but will have to be justified in court if it gets that far.
johnld  
#9 Posted : 05 September 2011 19:24:57(UTC)
Rank: Forum user
johnld

The brokers who handled our insurance had very clear guidance on this matter

Under no circumstances were we to acknowledge any claims from claimants legal advisors or to enter into any correspondence with the claimants.

On receipt of any claims letter this was passed to the brokers and also to advise the brokers by email.
Canopener  
#10 Posted : 05 September 2011 19:54:50(UTC)
Rank: Super forum user
Canopener

I can't help but feel that this is a typically risk adverse reaction from some insurers. I really don't think that it is beyond the wit of most employers to be able to construct a simple letter of acknowledgement of receipt of a letter or to provide the details of their insurer, without prejudicing any potential case. I've been doing it for years and have yet to get a 'rap' over the knuckles.
chris42  
#11 Posted : 05 September 2011 20:31:03(UTC)
Rank: Super forum user
chris42

I don't think it is about being risk adverse, it's more about time. If a letter is sent and you get it the next day and you post an acknowledgement the same day and post it to your insures the same day, their 12 weeks start from the point you acknowledge ( so they get just under the 12 weeks). But if you just send it to them and they acknowledge they can take advantage of the extra time and have 14 weeks with change allowing for post. They I guess will also like to point out any significant omissions as noted from my previous post.

Yes the broker & insurer from the last company I worked for also insisted we did not acknowledge, and providing they do all is fine. Despite their insistence on acknowledging, I had to chase them more than once. (claims from before I was H&S Manager, I would like to point out)
stevie40  
#12 Posted : 06 September 2011 10:04:37(UTC)
Rank: Super forum user
stevie40

Phil Rose wrote:
I can't help but feel that this is a typically risk adverse reaction from some insurers. I really don't think that it is beyond the wit of most employers to be able to construct a simple letter of acknowledgement of receipt of a letter or to provide the details of their insurer, without prejudicing any potential case. I've been doing it for years and have yet to get a 'rap' over the knuckles.


Phil, it is a standard instruction insurers give to clients.
I'm not sure of the time issue mentioned by Chris (I've not dealt with claims for 17 years) but the main problem is client's saying something in the acknowledgement letter that they should not. It tends to happen with smaller firms who may not have a legal / insurance department. Some have tried to respond to the allegations of negligence in detail and basically revealed information that has handed the solicitor their case on a plate.

I personally feel there is nothing wrong with a 2 line acknowledgment letter as a common business courtesy.
Graham Bullough  
#13 Posted : 06 September 2011 12:07:12(UTC)
Rank: Super forum user
Graham Bullough

Stevie40's comments above seem to explain why insurers tell their clients not to acknowledge receipt of claims letters. As mentioned earlier, some claims letters tend to be phrased so that they intimidate/frighten recipients, possibly with the aim of provoking a direct responses which include information which helps the claimants. Like Stevie40, I can't see a problem with a very brief acknowledgement letter as a matter of courtesy. (Perhaps I'm just a fiftysomething old curmudgeon, but it seems that courtesy these days is becoming an increasingly rare commodity.) However, if there's a chance that even a few recipients might include inappropriate information in their acknowledegments, it's understandable why some or many insurers tell their clients not to respond at all.

On a wider note about claims, in my employer's experience the receipt of a claim is sometimes the first indication of anyone, whether an employee, visitor or trespasser, having been injured - and sometimes quite a while after the alleged circumstances occurred.

Also, in relation to the UK claims culture, does anyone know if figures are available for the number of claims which are started compared with the number which eventually prove successful? If people generally could be told of the apparent contrast between the two figures and understand why a significant proportion of claims founder, there might be a chance of slowly changing commonly held misperceptions about claims.
johnld  
#14 Posted : 06 September 2011 20:18:24(UTC)
Rank: Forum user
johnld

As a comment on Graham Bullough’s final paragraph

I was involved in Safety for over 30 years before I retired

From my own experience roughly 50% of claims were never proceeded with after the insurers responded to the first letter of claim.

Of those 50% less than 1% ever went to court. The remainder were either settled or dropped at some time before they were due to be heard.
Guru  
#15 Posted : 06 September 2011 20:47:31(UTC)
Rank: Super forum user
Guru

You can find the pre-action protocols for personal injury claims from the following link:

http://www.justice.gov.u...s/protocols/prot_pic.htm

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