We hope this helps you. Safe driving always.
Do's and Don'ts Writs of Summons
Below is a useful guide to handling a Writ of Summons issued from Lawyers as part of a Third Party Claim against you.
|
The Do's |
The Don'ts |
| Do sign and acknowledge receipt of the Writ of Summons (WOS) from the Process Server. | Do not refuse to accept service of the WOS to avoid embarrassment as the process server may paste the WOS on your main entrance door - visible to your neighbours. |
| Do collect the WOS documents from the Third Party (TP) law firm if so requested to do so by the Third Party Lawyers. | Do not correspond or communicate with the Third Party Lawyers. |
| Do personally hand deliver the WOS documents to the Allianz Claims Department as soon as possible - ideally, within 24 hours or the next working day. | Do not admit liability or discuss liability with the Third Party Lawyers, verbal, or otherwise. |
| Do inform Allianz if you have engaged a Lawyer to pursue your property damage and / or bodily injury claim. | Do not ignore the service of the WOS. |
|
Do instruct your Lawyer, if you have one appointed, to:
Keep Allianz and the Allianz-appointed Lawyer informed of the material developments, status, and outcome of your claim.
Ensure that any settlement reached with the Third Party Insurer does not prejudice Allianz's efforts in defending you in the Suit against you. |
Do not discard the WOS or leave it unattended as otherwise the court may decide the case against you by default. This can also constitute a breach of your insurance policy condition. |
| Do be assured that Allianz will endeavour to resolve the claim with the Third Party Lawyers amicably and out of court in the most cost effective way so that you will not be inconvenienced unduly. | Do not worry over the potential defence costs as your Allianz policy will pay for such legal costs in line with the terms and conditions of your policy with Allianz. |
| Do extend full co-operation to any Allianz-appointed Defence Lawyer and make yourself available for interviews and preparation of your witness statements in the event that Allianz's best attempts to resolve the claim out of court have failed. | Do not be alarmed over the quantum of the TP claim as your Allianz policy will pay on your behalf in accordance with the terms and conditions of your policy with Allianz. |
| Do be factual and truthful when interviewed by Allianz-appointed Defence Lawyer. | Do not be upset with the allegations made against you by the Third Party Claimant, outlined in the WOS. |
| Make yourself available for court attendance, as a witness, should this become necessary. Adequate preparation will help this to go smoothly. | |
| Do approach the Allianz-appointed Lawyer directly for a copy of the Notice of Discontinuance court document following the conclusion of the legal proceedings should you require a copy of it. |