Street Furniture claim following accident

DullGreyGuy

lisyloo said:

That's not my understanding of the law. 
Do you have a link to the law? in case mine are out of date or something?

I understand you have to put in a defence in a court, but an insurer facing a claim does not have to put in a defence, they just have to deny the claim and wait to see if the council wants to pursue £1200, there will be a bar for that (I have no idea where that bar is set). You probably will produce your medical records in a court defence but that's not the same as the council having easy access to them.

Each insurer will have their own strategy for dealing with claims and the two extremes are...

1) Deny everything all the time, pay claims handlers to deal with correspondence etc, hope that claimants drop away but claims that are settled are settled at a much higher cost because they are litigated so you at a minimum are paying court costs and your own barristers fees

2) Actively deal with the claim, try to settle as early as possible and mitigate the operational cost of a claim, court fees, barristers fees etc

I've never done a cost benefit case between the two options but every insurer I was a claims handler for would be much closer to the option 2 and I've heard some very high numbers associated with the daily cost of having claims open. 

Council wouldn't have easy access to them but to avoid thousands in barristers fees you'd generally share the appropriate elements pre-litigation if they didnt simply accept the insurers word that it said they were fit & healthy prior to the incident.