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I have received a liability claim! What do I do now?

If you have received a liability claim, remain calm and do not act hastily. Do not admit liability, gather the facts, contact your insurer in a timely manner, and respond with supporting evidence and on time. Ignoring it is not an option: that will worsen your...

Published on 14 December 2020 by MKBjuristen.nl
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If you have received a liability claim, remain calm and do not act hastily. Do not admit liability, gather the facts, engage your insurer in a timely manner, and respond with supporting arguments and on time. Ignoring it is not an option: that will worsen your position.

Stay calm, but do respond

A claim is annoying, but panicking or ignoring it won't help. If you disagree with the claim, you must respond — remaining inactive can be interpreted as consent or lead to legal proceedings. Take the time to determine your position and make it known to the opposing party.

Acknowledge nothing too soon

Be careful with your statements. A premature admission of liability or an apology can be used against you and may also jeopardize your insurance coverage. Respond factually and neutrally until you have assessed the claim.

Contact your insurer in good time

If you have liability insurance, report the claim as soon as possible. Insurers often set deadlines and conditions, and reporting too late can result in the loss of coverage. The insurer can take over the handling of the claim or assist you.

Gather evidence and assess the claim

Map out the facts: contracts, correspondence, quotations, and any mitigation of damages. Assess whether the claim holds up legally: is there a breach or tort, is there damage, and is there a causal link? Based on this, determine your response and room for negotiation.

Frequently Asked Questions

Do I have to respond to a claim I disagree with?

Yes. Failure to respond worsens your position. Dispute the claim with substantiation and on time.

May I admit liability?

Be very cautious with that: a premature recognition can work against you and jeopardize your insurance coverage.

When should I contact my insurer?

As soon as possible. A late notification may result in a loss of coverage.

Received a claim?

Our legal experts and lawyers assess the claim and present a defense if necessary. View our legal assistance or our liability lawteam, or schedule a free consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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