What to do if you disagree that you are liable – defending the claim
If you deny that you are responsible for the incident, you must notify us in writing immediately. Our legal department will then consider your representations.
You are strongly advised to seek your own independent legal advice without delay. If you cannot afford legal advice you may be entitled to some free legal advice. A number of solicitors offer advice and assistance by way of public funding. A number of organizations such as the Citizens Advice Bureau and local Law Centres may also be able to offer you free advice. Alternatively, you may be covered for legal advice under an insurance policy.
If your denial of liability has any basis of a Defence in law, the matter is not likely to proceed any further.
If your denial of liability has no basis in law, the matter will proceed and court proceedings may be issued in the County Court. You will then have a further opportunity to advise a District Judge of the basis of your Defence, who will then decide whether the Defence has any merits.
The parties will be bound by the District Judge’s decision, subject to limited grounds of appeal.
Our Claims Department are here to help you should you wish to discuss it first. Our legal Department can also send you a form to complete to assist and guide you in supplying the information we require.
A copy of the 'Defence to civil claim form' can be downloaded here.