What to do when you receive a letter of complaint and/or summons?

If you receive a complaint or summons, it is important to take immediate action to protect your interests. Here are some steps to consider:

  1. Contact your insurance broker or insurer: Your insurance broker or insurer can provide guidance on how to handle the complaint or summons and can connect you with legal counsel if needed.
  2. Gather documentation: Collect any relevant documentation related to the incident, such as medical records, consent forms, and communication records.
  3. Review the complaint or summons: Review the complaint or summons carefully to understand the allegations being made against you.
  4. Do not admit fault or liability: It is important not to admit fault or liability without first consulting with legal counsel.
  5. Respond to the complaint or summons: You may be required to respond to the complaint or summons within a certain timeframe. Failure to respond can result in a default judgment being entered against you.
  6. Cooperate with your insurer: Your insurer may conduct an investigation into the incident and may require your cooperation in the process.
  7. Attend all hearings or court dates: If the complaint or summons proceeds to court, it is important to attend all hearings and court dates (subject to the advice of counsel and/ or legal representative).

Remember, the specific steps you need to take may depend on the circumstances of your case (including what your insurer’s policy wording states). It is important to consult with your insurance broker or insurer for guidance on how to proceed.

Subscribe now
Read More

More Articles

Road Accident Fund (RAF) Surety Bonds

At Shackleton Risk Management, we can assist you with surety bonds for RAF matters. Surety bonds for RAF matters are provided by Safire Insurance Company Limited (“the Insurer”) and can be lodged by us with the Master on your behalf if needed. Trustees appointed to manage a trust must furnish security to the Master’s satisfaction.…

Read Article > about Road Accident Fund (RAF) Surety Bonds
Do Builders Need Professional Indemnity Insurance in South Africa?

Professional indemnity insurance (PII) serves as a protective measure against claims of professional negligence, errors, or omissions in services rendered. It provides financial coverage for legal costs and compensation payments arising from such claims, ensuring builders are safeguarded against potential liabilities. Legal Requirements and Industry Standards: Unlike certain professions where professional indemnity insurance is mandated…

Read Article > about Do Builders Need Professional Indemnity Insurance in South Africa?
Understanding the Distinction Between Public Liability vs Professional Indemnity Insurance in South Africa

What Is Public Liability Insurance:  Public liability insurance safeguards businesses and professionals against claims for injury or property damage caused to third parties while on their premises or as a result of their operations. It covers legal costs and compensation payments if a third party sues for bodily injury or property damage incurred due to…

Read Article > about Understanding the Distinction Between Public Liability vs Professional Indemnity Insurance in South Africa