Our expert solicitors are experienced in defending personal injury claims arising in a number of ways including:
- Road traffic accidents
- Employer’ liability claims
- Public liability claims
- Product liability claims
- Equine and animal claims
- International claims
Our experienced insurance clients will be familiar with the issues which can arise in these cases. However, in some circumstances a business may need to take steps to defend a claim for which there is no insurance cover.
There may be many reasons why no cover is available when a claim is made. In some cases the claim arises from events from a long time ago and any insurance details have been lost such as can happen with asbestos claims and noise induced hearing loss claims. In other cases the claim arises from events that cannot be insured against such as assault and abuse allegations. Sometimes an insurer will say that cover is not available because there has been a breach of the policy terms.
Whatever your situation you will need professional help to defend the claim. There are a range of potential defences that may be available such as:
- Limitation: A claim for personal injury must usually be brought within 3 years of the event. There are exceptions.
- Duty/Standard of Care: A Claimant must establish that you owed a duty of care and that you breached that duty by your conduct falling below the appropriate standard of care.
- Vicarious Liability: A Claimant will often argue that an employer is responsible for the acts of their employees. This may be defended on the basis that an employee was not acting in the course of their employment.
- Contributory Negligence: In some cases it is possible to argue that a Claimant was at least partially at fault for the accident or resulting injuries. Common examples of this are a failure to wear a seat belt or helmet in motoring cases.
- Specific Defences: Specific defences can arise depending on the nature of the case such as illegality, automatism, volenti and many others on which we can advise you.
Why use Trethowans?
Our Insurance and Regulatory team are one of only 12 teams in the whole of the UK to be ranked for Defendant Personal Injury work in Chambers and Partners 2023. Kelvin Farmaner and Bethany Blamire are also ranked as leading individuals in a list of only 36 lawyers nationally in Chambers. The team are also ranked in The Legal 500 for both the South West and South East regions with Kelvin and Bethany once again being recognised as leading individuals.
Contact our expert business insurance dispute solicitors today if you would like to discuss a potential claim on 0800 2800 421.