How you can help your insurer defend a liability claim

It can feel unsettling if you receive a letter or email accusing your service of negligence. In most cases your liability insurance will respond to the claim on your behalf. In some situations insurers can fully or partly defend liability which can reduce claims costs and improve future insurance options for you. They can only do this with strong evidence and timely support from you.

Tell us about potential claims early

If you receive any communication from solicitors or third parties that hints at a claim or asks for documents such as care plans, please notify us straight away.

If an incident occurs that could later lead to a claim, tell us as soon as possible. Early notice gives insurers time to investigate while memories are fresh.

Do not admit fault

Let your insurer manage the defence of the claim. Avoid discussing the claim with the claimant. Do not accept fault or suggest you could have done more.

Support the investigation

Insurers will want to gather key information such as photos, CCTV, incident forms, care plans, risk assessments and witness accounts. The more fully you cooperate at this stage, the stronger the insurer’s position will be.

Preserve evidence

Keep any material that might help your insurer, such as:

• Images of the incident scene
• Accident records
• Written witness statements
• Relevant policies, procedures and care plans
• CCTV footage

Never send original documents to a claimant’s solicitor. Provide copies only.

Keep records accurate and current

Insurers need clear evidence to defend liability. Make sure records are complete and up to date, especially for:

• Staff files and training records
• Care plans and daily notes
• Risk assessments for residents, visitors and staff
• Maintenance and safety checks for equipment and premises

Focus on the detail

Small gaps in documentation can weaken a defence. Ask yourself:

• Do job profiles set out each role’s responsibilities in full
• Do training records show the exact training completed for each member of staff
• Are risk assessments current and do they cover the whole premises
• Is all equipment inspected regularly with records to prove this

If you would like help reviewing your documentation or risk management approach, our team can work with you to strengthen your position before a claim ever arises. Contact us by completing this short form and we will get back to you.