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 insurerā€™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

Can I Get Retroactive Coverage With Professional Indemnity Insurance?

Short Answer: Yes, you can get retroactive cover. It’s important to note that various insurers may have distinct criteria or prerequisites concerning retroactive cover and dates. You should canvass this with your broker prior to taking out a PI policy. Retroactive cover is an important aspect of Professional Indemnity (PI) insurance. This type of cover…

Read Article > about Can I Get Retroactive Coverage With Professional Indemnity Insurance?
Which Professions Require Professional Indemnity Insurance?

While this list is not exhaustive, here are some professions in South Africa that commonly require PI insurance: It is important to note that the requirement for PI insurance may vary based on regulatory bodies, professional associations, contractual obligations, and client demands within each profession. Professionals in these fields should consult with their respective industry…

Read Article > about Which Professions Require Professional Indemnity Insurance?
What is a Curator Bonis?

Curator bonis is a legal term used in South Africa to refer to a person appointed by the court to manage the financial and legal affairs of someone who is unable to do so themselves due to mental incapacity or other reasons. The curator bonis acts as a legal representative and fiduciary for the person…

Read Article > about What is a Curator Bonis?