—13/03/18
Complaints and When to Make an Insurance Claim

Your Professional Indemnity insurance is intended to cover inadvertent Negligent Acts however, there is often confusion as to what constitutes a “complaint” and in what situations an insurance claim should be lodged. 

“One thing is certain in Business. You and everyone around you will make mistakes” - Richard Branson

Whether you believe you are in the wrong or not, if a customer’s complaint relates to a potential mistake you’ve made on the job then there are grounds for legal action against you. The best thing to do in these circumstances is to get in touch with your broker to notify Crombie Lockwood of a potential claim and get advice of how to proceed.

Making a claim

1. Contact your broker in the first instance and at the earliest opportunity
They will have an initial conversation with you to discuss the issue and give some general advice on how to proceed. To help understand the timeline it is likely they will require copies of clinical notes and any communications you have had with the client.

2. Never admit liability
Admitting fault could prejudice the insurance claim and can lead to costs not being covered.

3. Let us take over
If there is a potential claim your broker will lodge it with the insurance company on your behalf. They will also arrange for their in-house legal team to check any paperwork you wish to send to the claimant. If you are unsure of how to respond they can also assist you in writing the letters or giving you example templates.

4. Knowledgeable advice
In the worst case scenario where a claimant has already approached a solicitor to lay allegations against you, then your broker will request a legal representative is appointed to represent you and assist in your defence. The legal team appointed for you would be specialists in your field which will place you in a strong position.