Receiving a letter from solicitors informing that someone is making an injury claim against you can certainly have a negative impact on your day.

Depending on the circumstances of the accident, you may be confronted with a Letter of Claim or a Claim Notification Form which set out full details of the alleged incident and injuries. But no matter what correspondence you receive there will be strict response timeframes set that you will be told you need to abide by.

Often the first reaction to this letter is one of worry, as you may not know how you are going to respond to the claimant's solicitors, defend the claim or even pay the compensation. You may even be angry as you believe it is a fraudulent or false personal injury claim.

However, the good news is that the vast majority of claims are usually covered by some kind of insurance policy and we're going to explain the scenarios where insurance may cover the claim as well as your options when no insurance is available.​
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1. Stay calm, read the letter carefully and do not respond with any admission of liability (fault).
2. Check your insurance policies for coverage (motor, home, pet, employers etc.)
3. Notify relevant insurers immediately and provide them with a copy of the letter.
4. Preserve any evidence that relates to the alleged incident (photos of the location, your version of events, witnesses etc.)
5. If uninsured, seek you own legal advice from specialised personal injury defence solicitors.

​In this guide we go into more detail depending on where the incident took place and who is making the claim. You can jump to the relevant sections below:

As it's a legal requirement that you must have at least third-party motor insurance to drive on UK roads, the claim against you is likely to be fully covered by your vehicle insurance. While it is likely your insurer has already been notified of the accident and subsequent claim, your first action should be to advise them of the solicitor documentation you have received.

One important item to remember is that not having the optional 'Legal Expenses Cover' on your policy will not stop your insurance company acting to defend a claim made against you. Comprehensive, fire and theft, and third party insurance should all provide sufficient cover to defend a car accident claim against you.

When you report the claim, you will almost certainly be asked about the accident circumstances, vehicle damage and any evidence you have. This will be used to establish liability (fault) for the accident which will determine how your insurance company handles the claim.

Your insurer should then deal with the matter from this point forward including complying with the various deadlines and disclosure requirements. If the case gets to the stage of court proceedings, then your insurer will also appoint a solicitor to defend the case who may also want to discuss the incident with you.

Motor Insurance Bureau (MIB)

There can be instances where your insurance company refuses to cover you or you don't have suitable insurance in place for a road collision (i.e. an expired van or car insurance policy). In these cases, the claim may be dealt with by the Motor Insurance Bureau who handles uninsured and untraced driver claims.

This may then lead to a further claim where the Motor Insurance Bureau is claiming against you following an accident they've defended on your behalf due to your lack of insurance.


In the case of an MIB claim against you or where there is no motor insurance policy (i.e. a cyclist injures a pedestrian), then you may need to seek your own representation.

If a member of staff is making a claim for an injury at work, usually your Employers' Liability Insurance will cover your business' legal costs to defend the claim, as well as the payment of any compensation that is ultimately awarded.

Often the Claim Notification Form from the claimant will specifically request your insurer's details (or Portal ID) and instruct you to pass the documents on to them. Once this is done, your business insurer will begin investigating the incident and appoint one of their panel solicitors should it become necessary.

For most businesses that have employees, this type of insurance is compulsory under the appropriately named Employers' Liability (Compulsory Insurance) Act. However, there are some exceptions where employee insurance isn't mandatory such as:

• An employer is a public body or health service organisation
• The business only employs close family members
• The business only uses contractors or self-employed individuals that are not classed as employees
• Where employees don't normally reside in the UK

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If an injury claim is made by an employee and no appropriate business insurance covers the claim, then you will need to seek legal advice as soon as possible. There are various 'pre-action protocol' steps and deadlines that need to be met and failing to comply with them can have a significant impact on the cost of the claim.
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Unlike other types of insurance, taking out Public Liability Insurance is optional for a business. If in place, it will cover your business premises when customers visit you (office, shop, salon etc.) as well as if a member of the public is injured during the course of your work.

While Public Liability Insurance covers you for day-to-day business activities, it often doesn't cover you for injuries caused by a product you have manufactured or supplied. For this Product Liability Insurance is often required.

So you will need to consider which of your insurance policies applies to the circumstances that allegedly caused the claimant's injury.

If your business has a suitable Public or Product Liability Insurance policy the claim documentation can be passed on to them. As with Employers' Liability Insurance the policy should cover legal fees to defend the case along with the payment of any compensation that is awarded by the court or agreed in settlement by your insurer.

However, as Product/Public Liability Insurance isn't mandatory and there can be various exclusions depending on the policy purchased, it is the area where we see the most claims that need to be dealt with on a private basis.
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If someone has been injured whilst lawfully on your property or in your home, then your Home Insurance may cover the cost of the claim depending on the accident circumstances. The 'personal liability' or 'liability to the public' section of a Home Insurance Policy often covers the owners and occupiers if they are held responsible for an accident that occurs in or around the property.

Some Home Insurance products even provide cover for policyholders away from the property, so it is a policy always worth checking.

There can however be many exclusions to Home Insurance liability cover, so you will need to consult your policy and speak to your insurer about whether a claim is covered. Common exclusions may be:
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• Injury claims made by family members or people employed by you
• Defending of a dog bite claim (but may be covered by separate Pet Insurance)
• A tenant being injured (but may be covered by separate Landlord Insurance)
• Accidents involving children's motorcycles or quad bikes

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After you've exhausted the potential insurance policies that may indemnify you, you may find that you're on your own in dealing with the claim.

At this point it is critical to seek a personal injury defence lawyer who can advise you on how the claim should be handled. ​They can review the circumstances around the injury, provide a professional opinion of the prospects of the claim and advise on the potential next steps.

Even if you don't wish to defend the claim and want to admit liability for the accident, a defence solicitor will still be able to value the claim and make sure a suitable settlement is reached with your best interests in mind.
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As a responsible dog owner, receiving notification that someone is pursuing a compensation claim against you after being bitten by your dog can be a shock.

UK research indicates that one in four people have been bitten by a dog in their lifetime, with a third of bites requiring medical attention but only 0.6% requiring hospital attendance. So, while being seriously injured by a dog is relatively rare, any minor injury to a human which involves your pet will still be a cause for concern.

What happens if my dog bites someone?

In the immediate aftermath of a bite or attack, the police often become involved to assess if your animal is dangerous or could be considered out of control. The outcome of this investigation could be a warning, community resolution order, fine, banning order or even prison sentence in the most serious of cases.

But regardless of any action the police may take in a criminal capacity, you may still be subjected to civil legal proceedings in the form of being sued via a compensation claim made by the injured party.

If this occurs then you'll need to be aware of the options available in defending a dog related personal injury claim, and that you cannot always be held legally responsible for injuries that have been caused by your pet.​
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Does home insurance cover dog bites?

There are various insurance policies which you may have in place that can cover you in the event that a personal injury claim is made against you as a dog owner. Whether you dog bit someone on your property or in a public place (street, park, woods etc.)

• Pet Insurance - Many pet insurance products that are designed to cover vet bills also have 'third party liability' cover which may cover incidents caused by your animal. However, on some products this liability cover is an optional extra.
• Home Insurance - While not as common, depending on your buildings and contents insurance you may be covered for injuries to the public that occur on your property. However, there may be homeowner policy exclusions relating to animals or dangerous dogs.
• Membership - Some animal organisations (for example the Dogs Trust Companion Club) include third party liability insurance if your dog causes damage or injury as part of their membership package.
• Public Liability Insurance - If the animal is used in connection with your business, such as being a dog handler, walker, canine security or a guard dog. Then your business public or employers' liability insurance may provide coverage.

Should you receive a claim, it's recommended to first check for any possible insurance policy, and if cover exists, report the claim to your insurer as soon as possible. They will then take over the handling of the claim and instruct a solicitor to act on your behalf.
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If no insurance cover exists, or your insurer refuses to indemnify you, then you need to seek advice from a personal injury defence lawyer on your uninsured dog bite claim.

The Letter of Claim ​you receive informing you of the claim will need to be acknowledged in a certain timeframe (usually 21 days) so gaining legal advice as soon as this letter is received is highly recommended.
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​For a claimant to be successful in their damages claim they must prove that the owner or keeper was responsible for the actions of the animal, and/or have been negligent in some way.
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A key piece of law that is often cited in animal attack cases is the Animals Act 1971. This legislation defines the conditions that a dog’s keeper can be responsible for the behaviour and damage caused by their dog.

The act provides three tests that must be met before the owner or person in possession of the animal can be held liable for any damage that has been caused. Basically, these tests are that:

a. The damage or injury was likely to be caused by the animal unless it was restrained, and
b. It was caused by a characteristic of the animal, and
c. The characteristic was known to the owner or keeper of the animal.

While any dog has the ability to bite, they will generally only ever do this in unusual circumstances which may not be able to be reasonably foreseen by the keeper.
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Another piece of legislation used in dog bite compensation claims is the Occupiers' Liability Act 1957 if the claimant was a visitor to the defendant's property.

These laws basically place a responsibility on the occupier of a property to ensure that any visitors will be safe on the premises for the purpose of their visit.

An occupier could be classed as anyone that has a reasonable degree of control over the property where the incident occurred. So a claim may also be made against someone other than the official owner of the dog.
   

In some cases it may be your position that the incident simply did not occur or the claimant was not injured. Therefore the compensation claim is fraudulent, dishonest or at the very least exaggerated.
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In this scenario to defend the claim you will need to provide evidence to disprove the claimant's version of events and investigate whether the losses and injuries being claimed are genuine.
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Being the owner or handler of a dog, you owe the public and any visitors to your home a 'duty of care' to prevent the animal from injuring them. If a claimant can prove that an owner has breached this duty, and so has been negligent, then they may be entitled to compensation.

A person simply being bitten by a dog does not mean that the owner has been negligent. A claimant would need to show that they were aware that the dog attack could happen and failed to take adequate steps to prevent it.
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As you have probably gathered, defending a dog bite compensation claim is a complex task and you should obtain specialist legal advice when faced with a claim.

An experienced solicitor can investigate the circumstances of the incident, as well as the history of the animal, to present all mitigating factors on why you may not be liable for the injuries caused. For example, common dog bite law defences may include:
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• If the animal was provoked in anyway or the injury was due to the claimant's fault.
• If warnings were ignored by the claimant or they voluntarily accepted the risk.
• If the dog has never previously demonstrated aggressive behaviour and had no known dangerous characteristics.
• If animals were fighting and a person placed themselves in danger to separate.
• If the claimant was trespassing, and the dog was guarding the property from a  trespasser.

When it comes to the law, your beloved family pet is simply considered a piece of property that has inflicted damage on another person. So if you are placed in the position of defending a claim, ensure you seek the legal advice you need and your pet deserves.

It's estimated that there are over 8 million stays in UK holiday homes per year, with the trend of guests opting to stay in cottages, cabins, lodges, apartments or glamping sites over traditional hotels only set to grow. But with increasing visitors comes increasing risks, including the risk of an injury compensation claim being made against you.

As a holiday let owner, receiving a personal injury claim from a previous guest can be an overwhelming experience. The claim may allege that some aspect of your property was unsafe or defective which has resulted in an accident and subsequent injuries to a visitor.

Successfully defending such a claim requires a structured approach and professional legal advice. In this guide we outline the initial steps and the kinds of supporting evidence that will assist in defending the case.
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While you may request that guests report any accidents that occur on your premises, it's not uncommon for compensation claims to come completely out of the blue, when there has been no previous complaint or incident reported.

Notification of the claim against you will usually be via one of three letters sent by a solicitor that the claimant (injured person) has engaged:
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• Request for insurance details
• Letter of Claim
• Claim Notification Form

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This letter is usually brief and contains little information of the actual claim. It simply informs you that a claim is being made and requests details of your business or public liability insurance.

At this point you should check all your relevant insurance policies with a view to providing the requested information. The letter should state the date the alleged accident occurred so you may need to find the insurance policy you had at this time. There can be many different types of insurance products for short term holiday homes for you to check, including:
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• Holiday Let Insurance
• Cover provided by your holiday letting agency
• Airbnb AirCover for Hosts
• Booking.com Partner Liability Insurance
• Vrbo Liability Insurance
• Included as part of the service fees you pay your holiday park or caravan site

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Once you have found the policy details they need to be sent to the claimant's solicitor, usually within 14 or 21 days. While it may be tempting to also address the allegations regarding the claim, this isn't the time. Your correspondence should simply provide the requested insurance information.

The claimant's solicitor will then contact your insurer with formal notification and full details of the claim they are making. Your insurance company should then provide assistance as part of your policy and deal with the claim on your behalf.

If after searching all potential policies you discover that there was no insurance in place to cover the accident at your holiday home, then this still needs to be confirmed to the claimant's solicitor.

Again, this simply needs to be a short email advising that there is no insurance that will cover the claim.
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The solicitors may then send you a lengthier Letter of Claim or Claim Notification Form for you to respond to.
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If you don't have insurance or your insurer has refused to cover you for the incident, then you will now be faced with dealing with the claim yourself. The Letter of Claim or Claim Notification Form you have received is the formal notification of the claim and must be responded to.

Upon receiving these formal allegations of the injury claim at your accommodation, it is crucial to deal with it promptly. The first response required is usually just to acknowledge the Letter of Claim, which should be done in the prescribed timeframe to simply confirm receipt and making no comments on liability (fault) or the circumstances of the incident.
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Given the complexities of personal injury law and the timeframes involved, engaging your own defendant injury solicitor (such as ourselves) is highly recommended at this point. As a solicitor will be able to:
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• Review the claim, the evidence and your version of events
• Provide detailed advice on the claim's strengths and weaknesses in law
• Assist in preparing a robust response to the guest's solicitors tailored to your case and instructions
• Support you through the legal process including potential costs, court proceedings and defences

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Whether you are instructing your own solicitor or your insurer is providing legal representation, there will be key evidence that you will need to collate and preserve, to assist your case.

In our experience dealing with holiday home accident claims, most allegations of negligence are made in relation to breaches of the Occupiers' Liability Act 1957. Therefore the types of evidence which we often need to consider include:
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• Photographs and videos of the area where the accident occurred. Ideally taken as soon as possible after the claim is received, reflecting the conditions close to the time of the alleged incident (if feasible).
• Booking details of the guests that were allegedly injured including any special requests that were made.
• Copies of any 'welcome book' instructions or terms provided to the guests in the accommodation.
• Relevant entries in accident books, incident reports and any complaint correspondence.
• Cleaning and inspection records for the property covering checks on the entrances, steps, decking etc.
• Maintenance records for any equipment that was potentially involved in the incident (self-catering facilities, ovens, hot tubs, barbeques, firepits, wood burners, camping equipment etc.)

With supporting evidence such as the above along with your version of events, your solicitor will be able to advise you on your prospects of defending the claim and prepare a response that addresses all the claimant's allegations.

Legal advice is vital in understanding your options on how to deal with the claim. After reviewing details of the case your solicitor will be able to advise on any legal defences that are available to you. Such as:
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• Denying liability by showing your property met all relevant safety standards and regulations at the time of the alleged incident.
• Highlighting contributory negligence where there was failure by a claimant to follow safety guidelines or warnings.
• Disputing the severity or existence of the claimant's injuries as they have been presented.

However once equipped with professional legal advice on the case and its prospects, it may be that the most sensible option for you commercially is to attempt to settle the claim out of court.

Making an early settlement offer is only advisable once you fully understand the strengths and weaknesses of both the claimant's claim and your potential defence. As there are risks and costs involved for both parties if the claim goes to court, which is important to factor in when entering into negotiations with the claimant's representatives.

Defending a personal injury claim is a complex process for even the largest of organisations. So dealing with a claim as a small holiday home business can quickly become an all-consuming experience.

But with a solid understanding of the initial steps to respond to a claim and seeking expert legal advice as soon as possible, you will maximise your chance of putting forward a successful defence and achieving the best possible outcome.