Questgates warns on riot claims time limits

by Gill Montia

Story link: Questgates warns on riot claims time limits

Questgates is warning that insurance claims resulting from recent riotous behavior could be invalidated by the slightest of delays.

According to the claims management firm, local police authorities have a legal responsibility to reimburse persons who sustain damage to property as the result of a riot under the Riot Damages Act 1886.

However, any claim under the Act must be made in writing and received by the local police authority within 14 days of the alleged incident.

Insurers therefore typically include within policy claims notification clauses a requirement for any claim for riot and/or civil commotion to be notified to insurers immediately, followed by full supporting documentation (a schedule of loss and statement of truth) within seven days of the incident.

Insurers are then entitled to recover their outlays under the principle of subrogation.

Questgates also advises that the Act excludes liability for loss or damage to cars left on public highways, goods left in shops for repair and/or consequential losses.

The current definition of a riot is codified in the Public Order Act 1986 (w/e/f1987), the essential points of which are:

Twelve or more persons must be present together and use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.

It is not necessary for a claimant to show intent to use force to resist such opposition and it is not necessary for anyone to be present and actually harmed.