Your Insurance Company is:
There may be a more serious and vital issue in your claim. We will quickly recognise the position and know what to do.
Once Litigation becomes the chosen path to resolve the dispute it can be confrontational between the parties. It can be a very lengthy process (7 years plus) and produce the least favourable outcome not to mention the costs. The process is unpredictable in its outcome, even with a “very strong case”.
Litigation must be carried out by Lawyers; and they are now controlling the dispute. This can be a disadvantage to you the Insurance Policy holder as you can no longer take control to resolve your dispute.
The Courts increasingly want parties involved in disputes to mediate before they litigate, but the trend is still to opt for litigation. Mediation is considered much later down the road- which is usually just before trial. Mr. Justice Michael Twomey stated earlier this year “Litigants should undergo a “reality check” before proceeding with claims where lawyers end up the “only winners”.
Our approach is to keep you out of litigation and away from a court as much as possible.
Give the early expert evaluation report to a solicitor and ask them to begin legal proceedings.
Give the early expert evaluation report to the Financial Services and Pensions Ombudsman (FSPO) and ask them to use your report to help you make a case.
Instruct DeclinedClaims to assist you with your claim and find a non-litigation solution. Non-litigated dispute resolution is preferable for many reasons: • It is non-threatening • It can help maintain commercial relationships • It can avoid the risk of increased insurance premiums in the future • It can reduce the risk of being declined or rejected by insurance companies in the future • It is considerably less expensive than litigation There is no pitfall to obtaining an early expert evaluation. You remain in control and have the right to go to litigation if you wish. The facts and the information that we have obtained from you is a valuable asset to your decision on what you would like to do next.
You will receive a report from us stating the facts, our opinion and recommendation. This report is for you and for a person with whom you would like to share it with. The purpose of the report is to inform you of your prospects, and details of the pros and cons of pursuing your claim.
An early expert evaluation is written to the same standards as an expert to the courts would be required to do. Once you have obtained your early expert evaluation report you have three options.