|Legal costs||a court case will inevitably incur legal expenses and should your OC’s case be unsuccessful, the OC may also be required to pay the legal expenses of the third party.|
|Excessive damages awarded||damages awarded against the OC in court could be far greater than if the case was settled out of court.|
|Mental angst||involvement in a court case could cause anxiety for OC members and their families.|
|Limited Insurance coverage||The OC’s Public Liability insurer may not cover the damages and legal expenses in full, particularly if there is a delay in notifying the matter to the insurer.|
||Review the LOD and advise on the next steps to take.|
If required, engage legal representation to protect your OC’s interests, and liaise with the other party and their legal team who are seeking damages.
||Expert advice from the start – Your OC insurer will know the best way to settle the claim i.e. whether it will be more beneficial to settle a claim out of court or not. They will be aware of win/loss trends in court for similar cases and will make an informed decision on how to achieve the best and least costly outcome for the claim.|
||Settlement out of court – The insurer will likely seek to settle the claim as soon as possible to avoid formal court proceedings.|