Motor Legal Protection policy

Transcription

1 Motor Legal Protectio policy

2 Demads ad Needs Statemet This policy meets the demads ad eeds of a driver who is ivolved i a motor accidet for which they are ot to blame ad are ot covered by aother Motor Legal Protectio policy. The Motor Legal Protectio will provide: a service (icludig legal assistace ad represetatio if ecessary) to recover ay uisured losses arisig from the accidet; ad cover agaist the legal costs icurred i pursuig ay claim for recovery of such losses (icludig ay claim for death or persoal ijury) to the extet that these costs are ot fully recovered from the other party or their isurers Motor Legal Protectio is also suitable for those who wish to esure that other legal costs related to the owership or use of the isured vehicle are isured. The associated motor policy provider does ot make persoal recommedatios as to the suitability of the policy to idividual circumstaces. You are solely resposible for decidig whether the policy is suitable for your eeds.

3 Motor Legal Protectio policy Policy Summary This Policy Summary does ot cotai full terms ad coditios of the cover, which ca be foud i the Policy Documet. It is importat that you read the Policy Documet which follows this Policy Summary. Who the cover is uderwritte by Uderwriters AmTrust Europe Limited, Market Square House, St James s Street, Nottigham, Nottighamshire NG1 6FG Admiistrator Composite Legal Expeses, Suffolk House, Trade Street, Cardiff CF10 5DT Type of isurace ad cover Motor Legal Protectio provides cover to fud legal proceedigs to recover uisured losses sustaied by you i a isured icidet for which you were ot to blame ad are ot covered by aother cotract of isurace. Sigificat features ad beefits as a result of a accidet ivolvig the isured vehicle. We will pursue ay uisured losses ad ay legal costs icurred by you i brigig a claim agaist the resposible third party. We may agree to appoit solicitors to do this o your behalf ay perso amed o the policy ad passegers will also receive the beefits of the policy free legal helplie offerig you a iitial telephoe call o ay legal matter. Please call hours a day, 7 days a week, 365 days a year. I additio the free legal helplie provides your family ad frieds free advice i a iitial telephoe call o ay matter ivolvig ijury or disease, ot just road traffic accidets. Just telephoe Motor Legal Protectio covers legal costs up to a maximum of 100,000 which you may be resposible for whether icurred by you or ay other perso Sigificat ad uusual exclusios or limitatios Motor Legal Protectio does ot cover legal costs where you have take actio without first obtaiig our agreemet or cause delay or fail to give reasoable assistace to us. (Sectio 3 Your policy does ot cover you for, Exclusios 7 & 21) we are free to choose the authorised represetative to egotiate ad settle the claim o your behalf (Sectio 4 Coditios, 2 e) we will ot cover legal costs where there are t reasoable prospects of success greater tha or equal to 51% (Sectio 3 Your policy does ot cover you for, Exclusio 1) Duratio The period of the associated motor policy which rus cocurret with this policy ad does ot exceed twelve moths. Your right to cacel You have the right to cacel this policy withi 14 days of the date upo which you receive your cofirmatio letter or , subject to o claim beig made upo the policy. Cacellatio of this policy is subject to the cacellatio of the associated motor policy. A refud will be provided i accordace with the cacellatio terms of the associated motor policy. If you do ot exercise this right to cacel your policy it will remai i force for the term of the associated motor policy. After this 14 day period you ca cacel at ay time i accordace with the cacellatio terms of the associated page 1

4 Motor Legal Protectio Policy (cotiued) motor policy. Cacellatio will icur admiistratio charges that are payable to EUI Limited for the cost of arragig ad hadlig your policy. Details of these fees are give i Your Agreemet with EUI Limited icluded i your welcome documets ad reewal documets. Please cotact EUI Limited, Capital Tower, Greyfriars Road, Cardiff CF10 3AZ or call or for MultiCar customers. Calls to 0871 umbers are charged at 8p per miute plus etwork extras. How to make a claim You must report ay icidet that may lead to a claim. Claims relatig to a motor accidet uder Sectio 2A Uisured Loss Recovery ad Persoal Ijury ca be reported directly or via your associated motor policy provider. Telephoe if you are a sigle car customer or if you are a MultiCar customer to report the claim as soo as possible. You will eed your policy umber, your vehicle registratio umber ad the date of the icidet. You must be able to cofirm you are isured with your associated motor policy provider. All other claims must be reported to us, you ca do this via the Legal Advice Lie o who will assist you i submittig a claim. How to make a complait Complaits should be made to: EUI Claims, Composite Legal Expeses Ltd, Suffolk House, Trade Street, Cardiff. CF10 5DT. Tel: complaits@composite-legal.com Fax: (calls to 0871 umbers are charged at 8p per miute plus etwork extras) If you have complaied to us ad we have bee uable to resolve your complait, you are etitled to refer your complait to the Fiacial Ombudsma Service. Fiacial Services Compesatio Scheme (FSCS) AmTrust Europe Limited is covered by the Fiacial Services Compesatio Scheme (FSCS). You may be etitled to compesatio if AmTrust Europe Limited is uable to meet its obligatios to you uder this cotract. Cover is provided for 90% of the claim without ay upper limit. Further iformatio ca be obtaied from the Fiacial Services Compesatio Scheme by phoe o ad o their website at page 2

5 Motor Legal Protectio Policy (cotiued) Policy Documet IMPORTANT Motor Legal Protectio Uderwriters AmTrust Europe Limited, Market Square House, St James s Street, Nottigham, Nottighamshire NG1 6FG Admiistrator Composite Legal Expeses, Suffolk House, Trade Street, Cardiff CF10 5DT Your Policy Wherever a word appears i bold i this Policy Documet ad is defied i Sectio 1 Meaig of Words, it takes o that special meaig. This Policy Documet sets out the details of your isurace cover. Please read this policy carefully ad keep it i a safe place. This policy will pay legal costs ad other beefits as detailed i the sectios of cover up to the policy limit provided the followig coditios have bee met: i) The isured icidet is withi the period of isurace ad withi the territorial limits, ii) The claim takes place withi the territorial limits, iii) The premium for this associated motor policy has bee paid, iv) The terms ad coditios of this policy are met. Sectio 1: Meaig of Words Associated motor policy The policy of isurace issued to you i compliace with the Road Traffic Act valid at the time of the isured icidet by your associated motor policy provider. Associated motor policy premium This meas the paymet which is required to be paid to esure that the cover remais i force for the associated motor policy issued by the associated motor policy provider. Associated motor policy provider EUI Limited (tradig as Admiral) Authorised represetative A solicitor, cousel, or claims hadler appoited uder the terms ad coditios of Motor Legal Protectio to represet your iterests. Claim Sectio 2A The pursuit of civil proceedigs ad appeals for damages arisig out of a isured icidet. Sectio 2B Sectio 2C The pursuit ad defece of civil proceedigs ad appeals i relatio to cotractual disputes ivolvig the isured vehicle. The defece of civil proceedigs ad crimial prosecutios arisig out of vehicle cloig. Sectio 2D The defece of civil proceedigs ad crimial prosecutios arisig out of Motor Isurace Database disputes. Sectio 2E Your attedace beig required by law at a Fatal Accidet Coroer s Iquest ivolvig the isured vehicle. Coditioal Fee Agreemet A type of agreemet betwee us ad the Appoited Represetative or you ad the Appoited Represetative which govers how the Appoited Represetative will charge you or us for their ow services. Ijury Bodily ijury or death, disease or illess of ay perso. page 3

6 Motor Legal Protectio Policy (cotiued) Isured icidet A evet or sequece of evets which may give rise to a claim uder this policy. Where icidets are liked by cause or time they will be deemed as oe isured icidet. Isured vehicle Ay motor vehicle covered by your associated motor policy as oted o your Certificate of Motor Isurace that you ow or for which you are legally resposible, icludig ay carava or trailer to be towed by such vehicle, ad which is attached to it by ormal meas of towig, which are permitted to use the public highway. Legal costs All reasoable ad ecessary costs icurred by the authorised represetative o a stadard basis with our prior agreemet. Also costs icurred by the oppoet i a claim that you are ordered to pay or we agree to pay. Period of isurace The period of isurace ruig cocurretly with your associated motor policy. Persoal property Ay persoal property that you ow or are legally resposible for, i or o the isured vehicle at the time of the isured icidet. Policy limit 100,000 per isured icidet. This icludes both the legal costs icurred by you ad the legal costs of ay other party or parties for which we are resposible for uder the terms of this Motor Legal Protectio. Prospects of success Reasoable prospects greater tha or equal to a 51% chace of success. Territorial limits Sectio 2A The Uited Kigdom of Great Britai ad Norther Irelad, the Isle of Ma, the Chael Islads, the Europea Uio, Adorra, Croatia, Icelad, Liechtestei, Norway ad Switzerlad. All other Sectios The Uited Kigdom of Great Britai ad Norther Irelad, the Isle of Ma ad the Chael Islads. Third party The other perso(s) ad/or party(s) ot icludig you resposible for the isured icidet. We, us, our The uderwriters of this isurace ad/or admiistrator actig o their behalf. You, your The policyholder or ay perso authorised by the policyholder to drive or be a passeger i the isured vehicle. Sectio 2: What your policy covers you for A. Uisured loss recovery ad persoal ijury We will pay legal costs if you or the isured vehicle are ivolved i a accidet caused by a third party to recover from the perso(s) resposible: i) Compesatio for persoal ijury or death. ii) Fiacial losses such as your associated motor policy excess, travellig expeses, or loss or damage to the isured vehicle ad ay persoal belogigs. B. Motorig cotract disputes We will pay legal costs to pursue or defed cotractual disputes over the sale or purchase of goods or services for the isured vehicle icludig the sale or purchase of the isured vehicle. page 4

7 Motor Legal Protectio Policy (cotiued) Provided that the cotract for sale or purchase was made i the period of isurace ad that at least 250 ic. VAT is i dispute. You are ot covered for: i) Claims where the amout i dispute relates to credit hire or credit repair. C. Vehicle cloig We will pay legal costs to defed civil ad crimial proceedigs which arise from the use of the isured vehicle s idetity without your permissio. You are ot covered for: i) Claims where the isured vehicle was cloed by someoe livig with you. ii) Claims if you did ot act or take reasoable precautios to prevet the isured vehicle from beig cloed. D. Motor Isurace Database challeges We will pay legal costs to represet you i a dispute with the Police ad/or a Govermet agecy if the isured vehicle is seized due to a failure betwee your isurace advisor ad the Motor Isurace Database that results i icorrect iformatio about you or the isured vehicle beig recorded o the Database. E. Iquest represetatio We will pay legal costs to represet you at a Fatal Accidet Coroer s Iquest that you are required by law to atted. Additioal Beefits Motor Legal Protectio policyholders have access to the additioal services below: Legal Advice Lie The helplie is available 24 hours a day 7 days a week o You are etitled to cofidetial legal advice o ay persoal legal problem. It may be that the problem you require advice for is isured uder this policy. If so the legal advice helplie will assist you i submittig a claim. Olie Legal Documets I additio to the helplie you have access to discouted olie legal documets related to the owership or use of your isured vehicle. To access the site visit: The iteractive website will assist you with completig the documets which oce purchased ca the be used straight away. Alteratively you ca request legal support, at a discouted cost, from a traied specialist or solicitor who ca make ay specific chages you require. You ca review ay of the documets before purchasig. Sectio 3: What your policy does ot cover you for Exclusios This isurace does ot cover: 1. Ay claim where we or the authorised represetative deem there are o prospects of success. 2. A isured icidet which bega or occurred outside the period of isurace. 3. Claims that you were aware of or reasoably should have bee aware of before purchasig this policy. 4. Legal costs icurred without our prior writte agreemet. 5. Claims, apart from uisured loss recovery, where a reasoable estimate of the authorised represetative s legal costs is greater tha the amout i dispute. 6. Legal costs i excess of those we would have paid our authorised represetative where you have chose ad we have agreed to use your choice of legal represetative. 7. Ay legal costs prior to the issue of legal proceedigs other tha those of the authorised represetative we chose to appoit for you. page 5

8 Motor Legal Protectio Policy (cotiued) page 6 8. Legal costs, expeses, fies or other pealties you are ordered to pay by a Court of crimial jurisdictio. 9. The legal costs of the appoited represetative that are recoverable from a court, tribual or other party. 10. The legal costs of the appoited represetative where the claim is beig pursued uder a Coditioal Fee Agreemet. 11. Claims arisig out of a isured icidet due to your deliberate or reckless act or omissio. 12. Claims arisig out of a isured icidet that we fid to our satisfactio to be of a fraudulet ature, or where you have failed to disclose iformatio relevat to your claim or where you have deliberately misled us or the authorised represetative. 13. Claims made agaist us or the authorised represetative. 14. Claims arisig out of the use of the isured vehicle by you for racig, rallies, trials or competitios of ay kid. 15. Ay claim relatig to the isured vehicle where you did ot have possessio of both a valid drivig licece ad Certificate of Isurace. 16. Ay claim where the isured vehicle was ot i a roadworthy coditio or did ot have a valid MOT Certificate where applicable or you were ot complyig with the laws relatig to its owership. 17. Ay claim where it is covered uder aother isurace or fudig is available from ay public body, trade uio or employer. 18. Applicatios for judicial review or appeals uless we have give our prior writte coset. 19. Claims for passegers where there is a coflict of iterest betwee you or the authorised driver ad ay other passeger(s). 20. Claims where your ow motor isurers refuse idemity. 21. Claims where: a) Your actio or omissio prejudices our positio i coectio with the claim, or b) You cause delay or fail to respod to requests for assistace from us or the authorised represetative. 22. Claims arisig from: a) Ioisig, radiatios or cotamiatio by radioactivity from irradiated uclear fuel or from ay uclear waste from the combustio of uclear fuel. b) Ay radioactive toxic explosive or other hazardous properties of ay uclear assembly or compoet thereof. c) Riot, civil commotio, war, ivasio, acts of foreig eemies hostilities (whether war be declared or ot), civil war, rebellio, revolutio, isurrectio, military or use of power or cofiscatio, atioalisatio, requisitio, destructio or damage to property by or uder the order of ay govermet. Sectio 4: Coditios 1. You must: a) Observe ad perform the terms ad coditios of this policy. b) Miimise ay amout of your claim ad attempt to prevet ay evet which may cause a claim. c) Notify us of ay evet which has give or may give rise to a claim or legal proceedigs ivolvig you. d) Sed all letters, otices ad commuicatios regardig ay claim made to us or the authorised represetative.

9 Motor Legal Protectio Policy (cotiued) e) Obtai our coset i writig to pay legal costs for which coset will ot be give uless you ca satisfy us that: i) There are prospects of success for the recovery of damages. ii) The idetity of the resposible perso is kow by you. f) Tell us at oce of all offers to settle the claim. No offer of settlemet or egotiatio of the same ca be made without our agreemet i writig. g) If requested istruct the authorised represetative to have legal costs taxed by the Court or certified by the appropriate Law Society as appropriate. h) Take all steps possible to recover ay legal costs we have paid ad pay ay such amouts recovered to us. i) Give such istructios to the authorised represetative as we reasoably require ad fully co-operate with both us ad the authorised represetative i all respects keepig the authorised represetative ad us fully advised of all developmets i the claim. j) Tell us at oce of all offers to settle the claim. No offer of settlemet or egotiatio of the same ca be made without our agreemet i writig. 2. We ca: a) Take over ad coduct i your ame ay claim or the defece of ay claim at aytime. b) Attempt to make a fair settlemet before the authorised represetative is istructed or legal proceedigs issued. c) Take proceedigs for our ow beefit but i your ame to recover ay paymet we have made uder this policy. d) Appoit a claims hadler to act as your authorised represetative rather tha a solicitor. e) Appoit a authorised represetative to egotiate ad settle the claim o your behalf. If you wish to appoit your ow solicitor you will oly be able to do so whe proceedigs eed to be issued, ad the oly if your request is made i writig to us, ad that we are satisfied that they ca hadle the claim, ad that they agree to our stadard terms for opael solicitors. If you disagree with our approach you have the right to arbitratio as outlied i Coditio 10 of this policy. f) Appoit a authorised represetative i your ame ad o your behalf ad you may ot chage the authorised represetative without our coset. 3. I the evet that you appoit the authorised represetative you must esure that they are aware of the coditios of the policy ad the policy limit. 4. We are etitled to obtai from the authorised represetative ay iformatio, documet or advice relatig to a claim or legal proceedigs whether or ot privileged. O request you will give ay istructio as ecessary to esure such access. If the authorised represetative refuses to grat such access however we shall have the right to refuse to pay legal costs. 5. You must ot, without our writte coset, eter ito ay agreemet with the authorised represetative as to paymet of your costs. Ay coset give may be withdraw at aytime. 6. If you are declared bakrupt, or go ito liquidatio, or appoit or have a receiver appoited we may withdraw our support of ay claim or legal proceedigs. page 7

10 Motor Legal Protectio Policy (cotiued) 7. If you discrimiate or abado legal proceedigs without both our coset ad the authorised represetative s writte advice that proceedigs should be either discotiued or abadoed, we will be etitled to be reimbursed by you the amout of ay legal costs which we have paid, or may become liable to pay. 8. At our discretio we may discharge our liabilities to you by payig a amout equal to the sum claimed. 9. If at the time of ay isured icidet resultig i a valid claim o this policy, there exists other isuraces uder which you are etitled to claim for your legal costs or ay part thereof, we shall oly be resposible for ay excess i the amout of legal costs ot recoverable uder such other policy of Isurace. 10. I the evet of ay dispute arisig betwee the parties, either party may ask for the dispute to be cosidered by a idepedet arbitrator agreed upo by both parties, or, failig agreemet, oe who is omiated by the Presidet of the local Law Society. All costs of the arbitratio shall be met i full by the party agaist whom the decisio is made. Sectio 5: Cacellatio Cacellatio of this product is subject to the associated motor policy also beig cacelled. There are o cacellatio charges associated with the cacellatio of this product, but you will be charged the relevat cacellatio charge for the cacellatio of your associated motor policy as set out i Your Agreemet with EUI Limited. Cacellatio by you You have the right to cacel this policy withi 14 days of the date upo which you receive your cofirmatio letter or , subject to o claim beig made upo the policy. Cacellatio of this policy is subject to the cacellatio of the associated motor policy. A refud will be provided i accordace with the cacellatio terms of the associated motor policy. If you do ot exercise this right to cacel your policy it will remai i force for the term of the associated motor policy. After this 14 day period you ca cacel at ay time i accordace with the cacellatio terms of the associated motor policy. Cacellatio will icur admiistratio charges that are payable to EUI Limited for the cost of arragig ad hadlig your policy. Details of these fees are give i Your Agreemet with EUI Limited icluded i your welcome documets ad reewal documets. Please cotact EUI Limited, Capital Tower, Greyfriars Road, Cardiff CF10 3AZ or call if you are a sigle car customer or if you are a MultiCar customer. Calls to 0871 umbers are charged at 8p per miute plus etwork extras. Cacellatio by us We will cacel this policy if: Your associated motor policy is cacelled ay claim uder this policy shall be i ay respect fraudulet Ay refud will be provided i accordace with the cacellatio terms of the associated motor policy. If you have ay questios o cacellig your associated motor policy, please call our Customer Services Departmet o or for MultiCar customers. Calls to 0871 umbers are charged at 8p per miute plus etwork extras. Or you ca write to us at Admiral, Capital Tower, Greyfriars Road, Cardiff, CF10 3AZ. page 8

11 Motor Legal Protectio Policy (cotiued) Admiral is the associated motor policy provider ad a tradig ame of EUI Limited. Registered Office: Capital Tower, Greyfriars Road, Cardiff, CF10 3AZ. Law ad laguage This policy shall be govered by ad costrued i accordace with Eglish Law. All commuicatio is to be coducted i Eglish. Data Protectio Act The iformatio that you have supplied to us, comprisig of your persoal details ad the details of your isurace cover ad claims will be held by us ad/or the Isurer subject to the Data Protectio Act It will be used to admiister ad process your isurace policy, claims hadlig, uderwritig ad fraud detectio ad prevetio Sectio 7: What to do if you wish to make a claim Makig a Claim You must report ay icidet that may lead to a claim to us as soo as possible, ot doig this may affect what we will pay. Claims relatig to a motor accidet uder Sectio 2A Uisured Loss Recovery Persoal Ijury ca be reported directly or via the associated motor policy provider. Telephoe if you are a sigle car customer or if you are a MultiCar customer to report the claim as soo as possible. You will eed your policy umber, your vehicle registratio umber ad the date of the icidet. You must be able to cofirm you are isured with the associated motor policy provider. All other claims must be reported to us, you ca do this via the Legal Advice Lie o who will assist you i submittig a claim. Sectio 8 How to make a complait Complaits procedure We are committed to providig you with a first class service at all times. If, however, you are ot happy the service you have received as part of your Motor Legal Protectio the you should cotact the Admiistrator at: EUI Claims, Composite Legal Expeses Ltd, Suffolk House, Trade Street, Cardiff CF10 5DT. Tel: complaits@composite-legal.com If we have give you our fial respose or more tha 8 weeks have passed sice we received your origial complait, you may refer your complait to the Fiacial Ombudsma Service (FOS) at South Quay Plaza, 183 March Wall, Lodo E14 9SR. Tel: free for people phoig from a fixed lie (e.g. a ladlie at home). Or: free for mobile phoe users who pay a mothly charge for calls to umbers startig 01 or 02. Sectio 9 Providers ad Suppliers EUI Limited is authorised ad regulated by the Fiacial Coduct Authority (Firm s referece umber: ). Composite Legal Expeses Ltd is authorised ad regulated by the Fiacial Coduct Authority (Firm s referece umber: ). AmTrust Europe Limited is authorised by the Prudetial Regulatio Authority ad regulated by the Fiacial Coduct Authority ad the Prudetial Regulatio Authority (Firm s referece umber ) ad is a member of the Associatio of British Isurers (ABI). Homestate: Uited Kigdom. page 9

12 Motor Legal Protectio Policy (cotiued) Sectio 10 Fiacial Services Compesatio Scheme AmTrust Europe Limited is covered by the Fiacial Services Compesatio Scheme (FSCS). You may be etitled to compesatio if AmTrust Europe Limited is uable to meet its obligatios to you uder this cotract. Cover is provided for 90% of the claim without ay upper limit. Further iformatio ca be obtaied from the Fiacial Services Compesatio Scheme (FSCS) by phoe o ad o their website at You ca get further iformatio about the compesatio scheme arragemets from the FSCS. The cotact iformatio is: The FSCS, 10th Floor, Beaufort House, 15 St. Botolph Street, Lodo WC3A 7QU. Tel: or equiries@fscs.org.uk page 10

13 Motor Legal Protectio Policy (cotiued) Notes page 11

14 Motor Legal Protectio Policy (cotiued) Notes page 12

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16 This booklet is made from recycled paper. ADAN