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CTP
Public Liability
Product Liability
Professional Indemnity
Each state and territory has specific legislation pertaining to the compulsory insurance regimes for vehicles, as such each investigation encompasses the legislative and regulatory requirements relevant to the claim.
A broad range of Compulsory Third Party claims exist from single vehicle incidents to multi-vehicle incidents, pedestrian and cyclists. Each claim is unique and as such, the basis of an investigation in this area covers:
- Witness accounts;
- Scene investigation including photographic material and incident diagram;
- Environmental factors impacting the happening of the event;
- Vehicle condition and documentation;
- Previous claims history;
- Emergency Services involvement;
- Fraud indicators
- Low impact claims;
- Alcohol / drugs / speed; and
- Contribution.
Liability investigations cover both commercial and domestic premises. When investigating the circumstances of a claim, which gave rise to a potential claim, the investigation not only covers the happening of the actual event, but also considers:
- The relevant parties and their relationship to each other;
- Documentation going to the contractual obligations of each party;
- Tangible material with respect to processes and procedures implemented by the insured party or alternatively;
- Witness accounts as to the mechanics of the claim;
- Background material which may be relevant to the claimant;
- Employment issues;
- Contribution; and
- Indemnity issues.
In all circumstances, the scope of the investigation is governed by the instructions of our clients and within their respective constraints.
Being the second most litigious country in the world, the incentive exists for claimants to claim damages for their perceived loss and damage. As a consequence, pressure continually mounts on the financial capacity of organisations to limit their exposure. To limit that exposure, an intimate knowledge and understanding surrounding the circumstances of an alleged incident is critical.
Our approach irrespective of the type of claim ensures that the primary focus of our investigation:
- Identifies the critical issues
- Meticulously obtains the facts involving those issues
- Understands the external factors and how they impact on the clients management of that claim
- Delivers an efficient investigation strategy and report in line with the client’s expectationsVerifact allocates expert managers to each area of our specialty to ensure all field investigators are focused on the key critical issues.
- Manages a national team of field investigators focused in the areas of
- Has a complete and in depth knowledge of the relevant legislative and jurisdictional requirements Australia wide
- Ensures that the investigation strategy addresses core issues such as:
- indemnity
- key policy conditions
- contribution
- potential avenues of recovery
- mitigation
- Conducts initial and ongoing reviews with clients focusing on:
- Investigation critical points
- Claims handling procedures
- Specific reporting requirements
- KPI’s in timing, deliverables and milestones
- Is responsible for the investigation project management and quality assurance being:
- Status reporting to clients
- Budget planning and reporting
- Investigation review and direction
- Procedure compliance
- Reporting accuracy and documentation
In summary, we consider, whether the claim is a simple slip and fall or a multimillion dollar claim, our responsibility is to understand the critical issues of the claim, extract the information and provide it to our client in a timely manner so they can make an informed decision.
Investigations surrounding products used by consumers and corporations alike, concentrate of the role of the insured party and the product itself. As such, investigations of product liability matters are concerned with:
- The product, its manufacture, labelling, packaging and distribution;
- The exact nature and extent of the insured’s role in the product from production to display on the shelf;
- The recommended use of the product and the circumstances of how the product was used when the alleged incident occurred;
- The incident itself and how the product was used by the injured party;
- Suppliers of the product at various stages prior to receipt by the injured party;
- Documentation regarding the product, its acquisition, supply and delivery;
- Trade Practices Act considerations;
- Witness accounts;
- Contribution; and
- Indemnity.
Verifact’s professional and experienced investigators are trained to report on every aspect of the claim.
Verifact’s Liability Compliance Officers have extensive investigation handling experience and a thorough understanding of just what information is required by our Clients to make informed decisions when determining a matter.
Together they make sure that you get a quality investigation on time every time.
The emphasis when investigating Professional Indemnity claims by Verifact Investigations is not that of an expert, but rather obtaining factual information and documentation. As such, the scope of the investigation pertains to:
Documentation evidencing the contractual obligations of the parties
Obtaining ancillary documentation that goes to the subject matter of the claim
Witness accounts as to the event, Contribution; and Indemnity.
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