Insurers usually step in to handle personal injury claims on behalf of individuals or businesses facing financial claims alleging negligence or breach of statutory duty. But if you are uninsured, you will need to deal with such claim notifications yourself, effectively handling your own defence. This can be a terrifying prospect, particularly if you were not anticipating the claim or you thought you were insured. Having the right legal advice during this time is essential.
If there is no employer, employee liability insurer, home insurance provider, public liability insurance provider, road traffic insurance provider, pet insurance or other insurance provider to meet or defend a personal injury claim on your behalf, you will usually have to defend or meet the claim yourself.
There are many scenarios in which this could end up happening, such as:
- You did not have insurance at the time of the accident
- The accident is not within your insurance policy coverage
- Your insurance policy has a large excess
- Your insurance provider does not want to act on your behalf
- The Motors Insurers’ Bureau has identified you as an uninsured driver facing a claim such that you need independent legal representation after a road traffic accident
At Tanners, we offer a practical personal injury claim defence service to people facing legal action for injuries suffered by other people. One of our specialisms includes representing individuals or businesses who do not have the benefit of insurance cover.
We understand that the stakes can be high – if a claim is successful, you might be facing the prospect of paying both a large amount of compensation and costs. This is understandably frightening, but we will explore both the merits of any claim being made and how matters can be resolved in the most effective way.
Call 01285 659061 or Ask us a Question
How we can help uninsured personal injury claim defendants
We can defend all types of personal injury claim, including:
- Accidents on your property, including your home and business premises
- Slips, trips and falls in public places
- Employee accidents where you are uninsured
- Dog bite claims
- Other claims involving animals, such as horses
- Road traffic accidents
- Claims relating to beauty or cosmetic treatments, such as piercings and tattoos
- Sports injuries
- Claims by tenants against their landlord
What to do if you receive a Letter of Notification or Letter of Claim
Usually the first notification you will get that someone has started a claim against you or your business is a letter – either a Letter of Notification or Letter of Claim.
The Letter of Notification puts you on notice that the claimant is considering a claim. The claimant (via their personal injury lawyers) will usually request that you supply further information – do not respond to this letter before you have received independent legal advice.
Whatever kind of notification you receive, it is important to contact a solicitor who specialises in defending personal injury claims as soon as possible after receiving this letter because there will be pre action protocols imposing deadlines by which you must respond. If you miss the deadline, a court may have regard to this in deciding costs and a claimant could start some sort of proceeding or action, to compel disclosure of documents.
We will act quickly to acknowledge any notification of claim and start forming your defence strategy and response. Acknowledging a claim is not in itself an admission of liability, but gives you time to investigate and prepare your case.
We can provide tailored advice on the kind of evidence that could help your defence and help you gather it wherever possible. This could include:
- Your written account of your recollection of the accident
- Accident logs
- The accounts of any witnesses
- CCTV or photographs of the scene
- Any equipment or machinery that was involved
- Expert evidence
Negotiating a personal injury claim settlement
A fortunate thing about personal injury claims is that claimants usually need a medical report and this generally gives an opportunity to consider and to settle before commencing legal action. For example, the Civil Procedure Rules set out a mechanism called ‘Part 36 offers’ which can help protect your position as to costs. Further we can often resolve matters by way of settlement agreements which do not require a formal admission of fault.
With our assistance, claims often do not get anywhere near a trial. We specialise in helping defendants negotiate positive settlements, protecting your position and also to resist unwarranted or exaggerated claims.
We will outline all your options in detail, so you can make the best decision about how to move forward. We tailor our advice according to the individual circumstances of the matter with your wishes and goals and with the costs of the matter in mind. We want to help you secure the best possible outcome as cost-effectively as possible.
Alternative Dispute Resolution
As well as solicitor negotiations, you have various Alternative Dispute Resolution (ADR) methods available to you to help you find a resolution without going to court. These could include:
- Mediation – where a mediator works with you and the claimant to help you negotiate a resolution.
- Arbitration – where an arbitrator hears all the evidence then makes a decision, which may or may not be legally binding depending on your agreement with the claimant prior to commencing the process.
- Early neutral evaluation – where a third party gives an informal opinion about the dispute to help you make an informed decision about how to move forwards.
We can provide advice about your options so you can make the right decision for you.
If the claimant decides to press on with a personal injury court claim, it is vital that they have made the effort to engage with you and try to seek a solution. Claimants are required to follow the appropriate ‘Pre-Action Protocol’ before they start a court claim.
We will closely monitor the claimant’s compliance with the Pre-Action Protocol and tailor our guidance to help you comply as far as possible, including advising on whether it is beneficial to suggest ADR.
Why choose Tanners for advice about defending personal injury claims?
Our Dispute Resolution team understand how stressful it can be to be faced with a personal injury claim when you are uninsured. Everyone thinks it will never happen to them, so when it does, it is tempting to bury your head in the sand and hope it goes away.
This is the very worst thing you can do – ignoring a claim will merely increase the problem and is likely to incur additional cost. It is necessary to face the allegations head on. This is where we come in.
Our fierce and supportive team can be by your side every step of the way. We will help you collect all the available evidence and form a robust defence strategy, putting you in the strongest position possible. We will always tailor our advice to suit your interests, bearing in mind potential costs and your feelings about the matter.
We recognise how important communication is during such serious legal proceedings. We will make sure that a member of our team is always available to speak to you and provide regular updates.
Speak to our personal injury claim defence solicitors
Call 01285 659061 or Ask us a Question