Construction Insurance Claims: What Happens After an Accident

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Construction Insurance Claims: What Happens After an Accident

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Construction Insurance Claims: What Happens After an Accident
Accidents on construction sites are stressful, disruptive, and often expensive. Whether it’s a worker injury, damage to a client’s property, a fire in a temporary cabin, stolen tools, or a third-party claim after something falls from height, the incident itself is only the beginning. What happens next — the claims process — can determine whether your project recovers quickly or becomes a long, costly dispute.
This guide explains what typically happens after an accident on a UK construction site, how construction insurance claims work, what insurers will ask for, and how to avoid the most common delays. It’s written for contractors, subcontractors, developers, and construction business owners who want a clear, practical view of the process.
  1. First things first: safety, containment, and legal duties
Before you even think about insurance, your priority is people and safety. The steps you take in the first hour can also affect your claim later, because insurers expect you to take reasonable steps to prevent further loss.
Make the site safe
  • Stop work if needed and isolate the area.
  • Provide first aid and call emergency services where appropriate.
  • Prevent further damage (temporary boarding, isolating electrics, stopping a leak, securing scaffolding).
Record the incident
  • Accident book entry (for injuries).
  • Site diary notes: time, weather, who was present, what happened, immediate actions taken.
  • Near-miss reporting where relevant.
Consider reporting requirements (UK) Some incidents must be reported under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations). Not every accident is reportable, but many serious injuries, hospitalisations, dangerous occurrences, and some work-related illnesses are. If you’re unsure, check HSE guidance and document your decision-making.
Also consider:
  • Client reporting requirements (especially on principal contractor sites).
  • CDM responsibilities (Construction (Design and Management) Regulations) and internal escalation processes.
  • Police reports for theft, vandalism, and some road traffic incidents.
  1. What type of insurance claim is it?
Construction is rarely covered by a single policy. The claims process depends on what happened and which policy responds. Common construction-related claims include:
Employers’ Liability (EL) For injuries to employees (and often labour-only subcontractors, depending on arrangements) where the employer is alleged to be legally liable.
Public Liability (PL) For injury to third parties or damage to third-party property arising from your work. This can include members of the public, clients, visitors, neighbouring properties, or other contractors not employed by you.
Contract Works / Contractors’ All Risks (CAR) For damage to the works in progress (for example, fire, flood, storm damage, vandalism) and sometimes materials on site. The definition of the works and what’s included can vary.
Plant & Tools / Contractors’ Plant For theft or damage to owned or hired plant and equipment (e.g., excavators, breakers, generators). Hired-in plant may have separate cover requirements and hire agreements often place responsibility on the hirer.
Professional Indemnity (PI) For design, specification, advice, or professional services errors (common for design-and-build contractors, consultants, and those providing design input).
Motor / Fleet For road traffic accidents involving company vehicles. Note: incidents on private land can still be complex — the right policy depends on the circumstances.
Legal Expenses / Contractual Disputes Sometimes the “claim” becomes a dispute: who is responsible, whether a contract requires you to indemnify someone, or whether a client is withholding payment due to alleged defects. Legal expenses cover can help, but it’s not automatic and the insurer may need to approve solicitors.
Key point: one incident can trigger multiple policies. For example, a fire might damage the works (contract works), injure a worker (EL), and damage a neighbour’s property (PL).
  1. When should you notify your insurer?
As soon as you reasonably can — and definitely before you start negotiating liability or paying compensation.
Most policies require you to notify:
  • Any incident that may give rise to a claim (even if no one has claimed yet).
  • Any letter of claim, solicitor’s letter, or formal demand immediately.
  • Any serious injury, fatality, or major property damage without delay.
Late notification is one of the most common reasons claims become difficult. Even if you think it’ll be fine, notify your broker/insurer and let them advise. Early notification also helps preserve evidence and allows insurers to appoint specialists quickly.
  1. What information will insurers ask for?
Insurers and loss adjusters typically want a clear picture of:
Incident basics
  • Date, time, and exact location (site address).
  • What happened (a factual timeline, not assumptions).
  • Who was involved (employees, subcontractors, third parties).
  • Immediate actions taken (first aid, emergency services, temporary repairs).
Evidence
  • Photos and videos (wide shots and close-ups, before anything is moved if safe).
  • Witness statements (names, contact details, what they saw).
  • CCTV or bodycam footage if available.
  • Site diary entries, RAMS, permits to work, toolbox talks.
  • Training records, competency cards (e.g., CSCS), supervision notes.
Project and contractual documents
  • Contract documents and scope of works.
  • Subcontract agreements and who had control of the area.
  • Method statements, risk assessments, and any design responsibility documents.
  • Handover documents if the area was already completed/occupied.
Financials and costs
  • Estimated value of damage and repair quotes.
  • Invoices for emergency works and mitigation steps.
  • Hire costs for replacement plant.
  • Programme impact evidence (if claiming delay costs under relevant cover, where applicable).
Tip: Keep everything in one claim folder (digital and paper). A well-organised submission often speeds up decisions.
  1. What happens after you notify the claim?
Once you notify, the claim usually moves through a set of stages. The exact process varies by insurer, but the steps below are typical in UK construction claims.
Step 1: Claim acknowledgement and claim reference You’ll receive confirmation, a claim number, and usually a request for initial documents. If you use a broker, they’ll often help you package the information and chase updates.
Step 2: Triage — does it look covered? The insurer will check whether the incident is likely to fall within the policy’s scope. This isn’t a final decision — it’s an early assessment. They’ll consider:
  • Policy period (was the policy active on the date of loss?).
  • Type of incident (does the policy cover this kind of damage/injury?).
  • Excess/deductible and any key exclusions.
  • Whether any special conditions apply (for example, theft security conditions).
Step 3: Appointment of specialists (loss adjuster, investigator, engineer) For larger or more complex claims, insurers often appoint a loss adjuster. Their role is to investigate the facts, quantify the loss, and make recommendations to the insurer.
Depending on the claim, insurers may also appoint:
  • Forensic engineers (collapse, structural failure, plant failure).
  • Fire investigators.
  • Health and safety consultants.
  • Solicitors (especially for liability claims).
Step 4: Site visit and evidence collection The adjuster may attend site quickly, especially for major damage, fires, or collapses. They’ll want to see:
  • The damaged area and surrounding conditions.
  • Security arrangements (for theft claims).
  • Storage of materials and plant.
  • Records: RAMS, permits, inspection logs, maintenance records.
Important: Don’t dispose of damaged items (like failed components or broken parts) until the insurer confirms they don’t need them. If you must remove items for safety, photograph thoroughly and store them where possible.
Step 5: Liability assessment (for EL/PL claims) If someone is injured or alleges you caused damage, the insurer will assess whether you are legally liable. This involves:
  • Reviewing duty of care and control of the work area.
  • Checking compliance with RAMS, training, supervision, and safe systems of work.
  • Considering contributory negligence (whether the injured party contributed to the accident).
  • Reviewing contracts and any indemnities.
For injury claims, insurers often handle correspondence with claimant solicitors and may request medical evidence and wage details.
Step 6: Coverage review and reservation of rights Sometimes insurers issue a reservation of rights letter. This means they will investigate and may handle the claim, but they are not yet confirming cover. This can happen when:
  • There’s uncertainty about whether an exclusion applies.
  • There are questions about policy conditions (e.g., security requirements, hot works procedures).
  • There may be a contractual liability issue.
A reservation of rights isn’t automatically bad — it’s a common step while facts are confirmed. The key is to respond quickly and provide what’s requested.
Step 7: Quantifying the loss For property/contract works claims, the insurer needs to agree what it will cost to put things right. This can include:
  • Repair or reinstatement costs.
  • Debris removal.
  • Professional fees (where covered).
  • Replacement plant hire costs (where covered).
Expect questions about betterment (improving beyond the pre-loss condition). Insurers typically pay to restore to the previous condition, not to upgrade — unless the policy specifically allows it.
Step 8: Settlement, repairs, and payment Once liability and quantum are agreed, the insurer will settle the claim. This can happen in different ways:
  • Payment to you (or the principal contractor) after invoices are provided.
  • Direct payment to contractors/suppliers in some cases.
  • Interim payments for large losses to keep the project moving.
  • For liability claims, settlement with the claimant, sometimes with confidentiality terms.
Timeframes vary. Straightforward theft or minor damage claims can move quickly if evidence is strong. Complex injury claims can take months or longer, especially if medical recovery is ongoing.
  1. Common reasons construction claims get delayed (and how to avoid them)
Late notification Notify early, even if you’re unsure. A circumstance notification can protect you if a claim emerges later.
Missing documentation Insurers don’t just want a story — they want records. Keep RAMS, training logs, inspection sheets, and site diaries organised and accessible.
Poor evidence for theft claims Theft claims often hinge on security conditions. If your policy requires specific locks, alarms, immobilisers, tracking, or secure compounds, document that you complied. Keep:
  • Photos of storage and locks.
  • Key control records.
  • Police crime reference number.
  • Plant serial numbers and proof of ownership.
Admitting liability too early Avoid admitting liability or agreeing compensation without insurer approval. Many policies require the insurer to control the defence and settlement of liability claims.
Unclear subcontractor responsibilities When multiple trades are involved, insurers will look at who had control, who created the hazard, and what the contracts say. Clear subcontract agreements and good site coordination reduce disputes.
Hot works and fire procedures not followed Fire claims often involve scrutiny of hot works permits, fire watches, extinguishers, and housekeeping. If you do hot works, keep your permit system tight and documented.
  1. What should you do while the claim is ongoing?
While insurers investigate, you still need to run a business and keep projects moving. A few practical steps help protect both the site and the claim:
  • Continue mitigation: take reasonable steps to prevent further loss, but keep evidence and get insurer agreement for major spend where possible.
  • Keep a claim timeline: dates of calls, emails, site visits, documents sent, and decisions.
  • Separate facts from opinions: record what you know, what you observed, and what is still unknown.
  • Communicate with stakeholders: client, principal contractor, subcontractors, and suppliers — but be careful about liability statements.
  • Review your risk controls: use the incident to improve RAMS, training, supervision, maintenance, and site security.
  1. Will the claim affect your future premiums?
Possibly. Insurers price construction risks based on claims history, trade type, turnover, and risk controls. A single claim doesn’t automatically make cover unaffordable, but repeated claims, large losses, or serious injuries can impact:
  • Premiums at renewal.
  • Excess levels.
  • Policy terms and conditions (e.g., security requirements, hot works warranties).
  • Insurer appetite for certain trades or contract types.
The best way to protect your future terms is to show strong risk management: documented procedures, training, supervision, maintenance, and security — plus evidence that you learn from incidents.
  1. Quick checklist: what to do after an accident (claim-ready)
  • Make the site safe and get medical help if needed.
  • Call emergency services where appropriate.
  • Photograph/video the scene (safely) before moving anything.
  • Record witness details and initial statements.
  • Log the incident in the accident book/site diary.
  • Preserve damaged parts/equipment where possible.
  • Notify the principal contractor/client as required.
  • Report to HSE under RIDDOR if applicable.
  • Notify your insurer/broker promptly (even as a circumstance).
  • Gather RAMS, permits, training records, inspection logs, and contracts.
  • Keep receipts and invoices for mitigation and emergency works.
  1. How Insure24 can help
Construction claims are rarely simple. The right cover, correct policy wording, and good claims support can make a real difference when something goes wrong — especially when multiple parties and contracts are involved.
If you’ve had an accident on site, or you want to check your construction insurance is set up correctly before you need it, speak to our team. We’ll help you understand what your policy covers, what evidence insurers typically need, and how to reduce the chance of delays if you ever need to claim.
Call Insure24 on 0330 127 2333 or request a quote online.
FAQs
How long do construction insurance claims take? It depends on complexity. Simple theft or minor damage claims can be resolved in weeks if evidence is clear. Liability and injury claims can take months or longer, especially if medical recovery is ongoing or liability is disputed.
Do I need to report every incident to my insurer? You should report any incident that may give rise to a claim, and any formal claim or solicitor letter immediately. Many policies also require notification of circumstances that could lead to a claim later.
Can I start repairs before the insurer visits? You can take reasonable emergency steps to prevent further damage (mitigation). For major repairs, it’s best to get insurer agreement first. Always take photos and keep evidence.
What if a subcontractor caused the accident? Responsibility depends on control of the work area, contracts, and the facts. Your insurer may pursue recovery from the subcontractor’s insurer (subrogation) if they were responsible, but you should still notify your own insurer promptly.

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