Notifying Insurers In RTA Cases

Criminal Law, Litigation 03/12/2010

The Society is aware of recent judicial comments to the effect that solicitors create an exposure for themselves if, at the time of receiving instructions in an RTA matter, they fail to advise clients to notify their insurance company of any convictions, impending prosecutions, or any incidents that might result in possible prosecution, even if the insured has not yet been summonsed or convicted.

The Society is of the view that solicitors should advise clients to review their policy document and/or speak to their broker to establish what is required in order to comply with their obligations to disclose any relevant circumstances under the terms of their particular policy. Practitioners should maintain a file note of their advices to the client in this regard.