The New Line of Attack? Ahtiq Raja

Defendant insurers are frequently resorting to sending Claimants text messages wherein they set out that they will provide to them a replacement vehicle at a set rate. Most will be aware of the case law authority of Copley v Lawn [2009] EWCA CIV 580 and what is referred to as the ‘intervention’. This authority sets what the offer must contain. However what it does not set out is what type of method can be used to communicate the offer. Therefore, so long as the Claimant has seen it, the issue then becomes live between the parties. Whilst service in this form (a text message) remains a matter of contention, if the Claimant accepts he recieved it, it is difficult in practice to see how service will become an issue. Whilst Claimants through Case Handlers (whether at the insurers or otherwise) are often told to ignore such a text message they do at considerable risk. Rather than being dismissive about it, Barrister Ahtiq Raja suggests that insurers/case handlers should pro-activley make enquiries and only then, for justifable reasons, advise the Claimant accordingly.