Third Party Claims

A third party claim arises when you suffer loss or injury as a result of someone else's negligence, and that person is insured. Rather than pursuing the negligent party directly, you claim against their insurer. These claims require careful evidence gathering, a clear understanding of how insurers assess and settle claims, and — in contested matters — effective litigation. We represent claimants at every stage of this process.

When Does a Third Party Claim Arise?

Third party claims most commonly arise where the at-fault party has liability insurance that covers the loss or injury they caused. Common scenarios include:

• Injuries sustained on another person's insured property — a slip and fall, unsafe premises, or defective equipment
• Damage or injury caused by a contractor or service provider covered by public liability insurance
• Product liability claims where a defective product causes injury and the manufacturer is insured
• Medical negligence claims against healthcare practitioners and institutions
• Professional indemnity claims against advisors whose negligence caused financial loss

Establishing the Claim

To succeed in a third party claim, you must establish three things: that the insured party owed you a duty of care; that they breached that duty through negligent conduct; and that their breach caused your loss or injury. The insurer will typically investigate the incident, assess liability, and either accept the claim, dispute it, or make a settlement offer.

Insurers are experienced at managing claims costs. Settlement offers made at an early stage — before a full assessment of your damages has been completed — are frequently lower than what you are entitled to. We advise you not to accept any settlement without first obtaining a comprehensive assessment of your losses, including future medical costs and loss of income where applicable.

Time Limits

Prescription generally runs for three years from the date you became aware of both the identity of the responsible party and the facts giving rise to your claim. Some insurance policies also contain notice requirements — a condition that the insurer must be notified of a claim within a specified period of the incident. Failure to comply can result in the insurer declining to honour the policy. We review these requirements as a first step in every matter.

What We Handle

• Assessment of liability and advice on the strength of your third party claim
• Gathering and preserving evidence — incident reports, photographs, witness statements
• Coordination of medical, engineering, and expert reports to quantify your damages
• Written notification to the insurer and management of the claims process
• Negotiation with insurers and their legal teams toward fair settlement
• Issuing summons and High Court litigation where the insurer disputes liability or quantum
• Product liability and medical negligence claims
• Professional indemnity claims against attorneys, accountants, and financial advisors