Letter before action for uninsured losses

property.advert

Tilt wrote: »

You should add the line 'You may wish to pass this letter to your insurers who may deal with this on your behalf.'

Why ?

The third party is the one who caused the damage. It is up to them to pass things to their insurer, if they want. It isn't the insurer I would be taking to court, though I understand they may wish to stand in place of their insured.

If the third party doesn't forward it to their insurer, the third party will suffer the consequences.

property.advert

Would it be better delivered by hand with or without a signature, by recorded delivery or regular mail ?

vax2002

Just make sure you have not accepted a "full and Final " offer in relation to the loss via the insurer, or your case will last all of 30 seconds.

Quentin

property.advert wrote: »

Would it be better delivered by hand with or without a signature, by recorded delivery or regular mail ?

Regular mail is best (recorded delivery means the postie won't deliver it if no-one answers, and they return them to sender pretty quick if no-one collects them). You don't want to get involved with doorstep confrontation doing hand delivery!

The LBA is intended to prevent the defendant feigning surprise when they get a summons, saying they knew nothing about the debt.

But if you keep a copy, then the courts will accept that you sent the letter. (All court docs are sent to both sides just via ordinary mail anyway).

Tilt

property.advert wrote: »

Why ?

The third party is the one who caused the damage. It is up to them to pass things to their insurer, if they want. It isn't the insurer I would be taking to court, though I understand they may wish to stand in place of their insured.

If the third party doesn't forward it to their insurer, the third party will suffer the consequences.

Its standard wording on such a letter, that's why. It impresses the court that you have attempted to correctly advise the TP. His/her insurer has an obligation to defend or deal with a claim.

Sgt_Pepper_2

Quentin wrote: »

Regular mail is best (recorded delivery means the postie won't deliver it if no-one answers, and they return them to sender pretty quick if no-one collects them). You don't want to get involved with doorstep confrontation doing hand delivery!

The LBA is intended to prevent the defendant feigning surprise when they get a summons, saying they knew nothing about the debt.

But if you keep a copy, then the courts will accept that you sent the letter. (All court docs are sent to both sides just via ordinary mail anyway).

I wish I had your confidence it the post office. I can't remember the last time I had to sign for a recorded delivery.

Hintza

Well at least get a certificate of posting.

property.advert

Tilt wrote: »

Its standard wording on such a letter, that's why. It impresses the court that you have attempted to correctly advise the TP. His/her insurer has an obligation to defend or deal with a claim.

It is not a claimants position to act as unqualified legal advisor to the third party. If the third party requires legal advice, they should seek it. Whilst their insurer may wish to stand in their place and defend the action, it is not the insurer who is at fault but rather the third party.

property.advert

Quentin wrote: »

Regular mail is best (recorded delivery means the postie won't deliver it if no-one answers, and they return them to sender pretty quick if no-one collects them). You don't want to get involved with doorstep confrontation doing hand delivery!

The LBA is intended to prevent the defendant feigning surprise when they get a summons, saying they knew nothing about the debt.

But if you keep a copy, then the courts will accept that you sent the letter. (All court docs are sent to both sides just via ordinary mail anyway).

Hand delivery does not mean a confrontation as the recipient has no knowledge of what the letter contains until they have accepted it. If a signature is requested, then similarly, they have no knowledge of what they are signing for, except that it is a letter.

rodenal

Just post it and get a certificate of posting. When it comes to lodging the actual papers you wont have the same issue anyway.