Motor legal expenses. Keep me safe

Transcription

1 Motor legal expeses Keep me safe

2 Motor legal expeses This legal expeses isurace is part of your LV= motor isurace policy ad your isurace schedule will cofirm if this cover is icluded. You must read your isurace schedule, certificate of motor isurace, documet of isurace ad this leaflet as oe documet. This sectio of your isurace is maaged idepedetly o our behalf by Arc Legal Assistace (Arc). If you re ivolved i a road traffic collisio that s ot your fault, our motor legal expeses isurace will provide cover for up to 100,000 of legal expeses i attemptig to recover your uisured losses. Uisured losses iclude the followig: Compesatio for ijury or death. Your policy excess. Reasoable hire charges for a courtesy vehicle while yours is beig repaired. Compesatio for you ot beig able to use your vehicle. Accidet repair costs. Compesatio for damage to your clothes, luggage or persoal belogigs. How to claim Call our legal advice helplie o , the lie is available 24 hours a day, 365 days a year. For Text Phoe first dial You must do this before takig ay actio yourself. Please remember to quote your LV= policy umber, which ca be foud at the top of your isurace schedule. Legal advice service Your motor legal expeses isurace also etitles you to use our free legal advice telephoe helplie service. This service is available aytime of the day or ight to give you free legal advice o ay private legal matter, simply call For Text Phoe first dial Calls may be recorded for traiig ad moitorig purposes. Defiitios The followig words or phrases have the same meaig wherever they appear i this leaflet. Arc Arc Legal Assistace Icidet A road traffic collisio or a icidet resultig i a prosecutio or summos ivolvig your vehicle. Isured perso you; ay other perso allowed by you who is isured to drive your vehicle; ay passeger travellig i or o your vehicle. Legal expeses Reasoable legal fees, costs ad expeses charged by your legal represetative, which will be assessed o the stadard basis or i accordace with fixed costs set out i The Civil Procedure Rules if applicable. Third party costs shall be covered if awarded agaist you ad paid o the stadard basis of assessmet. The most we ll pay for all legal expeses will be equivalet to our stadard scale of charges as applicable to our pael of legal represetatives ad available o request from Arc. You will be resposible for ay costs i excess of this scale. Ad for ay claim or claims arisig from oe icidet the most we ll pay will be 100,000. No excess applies to legal expeses claims. Legal represetative Our pael solicitors, appoited by Arc or their agets to act o your behalf, or ay other suitably qualified perso appoited to represet you uder the terms ad coditios of this policy. Period of Cover The period of cover show o your schedule. Proportioal I determiig whether or ot legal expeses are i proportio to the potetial beefit of pursuig the isured perso s claim, the 2

3 followig will be take ito accout: the amout of moey at stake; the value ad complexity of the case; the geographical locatio of the policyholder ad the other party to the actio; the stace of the other party; whether a reasoable perso without legal expeses isurace would pursue the matter ad fiace their ow legal costs. Reasoable chace of success There is a 51% or better chace that the perso will wi the case ad achieve a positive outcome. Examples of a positive outcome are beig able to: recover the amout of moey at stake; eforce a judgemet; obtai a outcome which best serves your iterest; recover a amout greater tha that beig offered by the other party. Schedule Forms part of your cotract with us ad icludes the: Period of cover; your ame; details of your vehicle. Territorial limits Great Britai, Norther Irelad, the Republic of Irelad, the Isle of Ma ad the Chael Islads. For claims relatig to uisured losses ad persoal ijury, the territorial limits are exteded to ay coutry which is a member of the Europea Uio (EU) ad ay coutry which follows EU directives ad has bee approved by the Commissio of the EU. Uisured losses Losses that ca t be recovered from ay isurace policy you hold. We, our, us Liverpool Victoria Isurace Compay Ltd. You, your The perso amed as the policyholder o your isurace schedule ad certificate of motor isurace. Your Vehicle The isured vehicle show o your schedule icludig whe you drive aother vehicle which is t yours. This icludes ay trailer, carava or broke dow motor vehicle while they re attached to your vehicle for towig. What is covered Uisured loss recovery ad persoal ijury a) We ll pay for legal expeses to recover the isured perso s uisured losses followig a road traffic collisio ivolvig your vehicle which causes: damage to your vehicle or to persoal property i it; or death or ijury to a isured perso while travellig i or o your vehicle. Defece of prosecutio b) We ll pay for legal expeses to defed a motorig prosecutio arisig from a icidet while the isured perso was usig your vehicle, ad which is ot covered uder sectio 3 liability to other people. c) We ll pay for legal expeses to support a plea i mitigatio if it s likely to affect the outcome. 3

4 Provided that: the icidet occurs withi the period of cover; the icidet occurs withi the territorial limits ad ay legal proceedigs will be carried out withi the territorial limits by a court or other orgaisatio which we agree to; i the case of uisured loss recovery ad persoal ijury the isured perso s claim has ad cotiues to have a reasoable chace of success; the cost of legal expeses to pursue the isured perso s claim is proportioal to the expected beefit; ayoe makig a claim uder this isurace has your agreemet to claim; i the case of a defece of a prosecutio the defece or plea i mitigatio is likely to affect the outcome; ad the isured perso complies with the terms ad coditios of this isurace. What is ot covered (see also the Geeral exceptios of your documet of isurace, which apply to the whole policy) For the purpose of these exceptios ay referece to you or your shall be deemed to iclude ay isured perso. We wo t pay ay legal expeses if: Arc have t agreed, i advace, the purpose ad amout of ay legal expeses, or they relate to a period before Arc have accepted your claim; i the case of uisured loss recovery ad persoal ijury, your claim does t have ad cotiue to have a reasoable chace of success; the cost of legal expeses to pursue your claim is ot proportioal to the expected beefit; the icidet happeed before you bought this isurace; you claim more tha 180 days after the date of the evet, uless your delay i otifyig your claim has ot affected the likely costs or outcome; your claim is fraudulet, false or exaggerated or you do aythig that harms either the chaces of your or our success i proceedigs for a civil claim or your defece of a prosecutio; the other side is ulikely to be able to pay your claim; you act agaist Arc s advice or the advice of your legal represetative; the legal represetative refuses to act for you; you ureasoably withdraw from legal proceedigs despite your claim havig a reasoable chace of success ad where such a withdrawal is likely to affect the cost of your claim; your claim is settled or discotiued without Arc agreeig to this beforehad. Also, certai types of claim are ot covered uder this isurace. We wo t pay for: a applicatio for a judge to review the legality of a decisio made or actio take by a public body; more tha our share of a civil claim or for defece of prosecutio if there is ay other isurace coverig the same evet, eve if the other isurer refuses the claim; claims uder this isurace directly or idirectly relatig to your deliberate crimial act or omissio or to prosecutios which allege dishoesty or itetioal violece; claims arisig from icidets which we refuse to cover uder your car isurace or which result i the cacellatio of your vehicle isurace; claims arisig from defective repairs, mechaical breakdow or geeral maiteace of your vehicle; fies, costs or expeses which a crimial court orders you to pay. 4

5 Geeral coditios (see also the Geeral coditios of your documet of isurace, which apply to the whole policy) For the purpose of these coditios ay referece to you or your, shall be deemed to iclude ay isured perso. You must do the followig: provide at your ow expese iformatio relevat to your claim such as reports, photographs, plas or other supportig documets to help Arc ad/or your legal represetative assess whether: your claim is covered; your claim has ad cotiues to have a reasoable chace of success; the cost of legal expeses to pursue your claim is proportioal ad cotiue to be proportioal to the expected outcome. cotact our legal helplie before you take ay actio that may result i a claim ad before you ru up ay legal expeses; take all reasoable steps to settle your claim by egotiatio ad work with Arc ad your legal represetative to achieve a satisfactory outcome to your claim; follow the advice that Arc ad/or your legal represetative give you; keep the cost of your claim as low as possible; keep Arc ad your legal represetative iformed about the progress of your civil claim (icludig ay offers to settle) or defece of prosecutio; try to recover your legal expeses from the other side, icludig allowig Arc to brig proceedigs i your ame; allow Arc to obtai ay iformatio, documet or file from your legal represetative icludig a opiio o your chaces of success ad the proportioate beefit to you of makig your civil claim or of actig i defece of your prosecutio. 5 Appoitig a legal represetative We ve chose a pael of legal firms to provide legal services to our customers. There is othig i our relatioship with these firms which affects their ability to act i your best iterests. If Arc accepts your claim, they ll appoit oe of our pael of legal represetatives o your behalf. You have the right to choose your ow legal represetative to represet you if it s ecessary to take your claim to court or if a coflict of iterest arises. Where you choose to use your ow legal represetative: a) You must ot agree to ay legal expeses without Arc s prior writte permissio. b) Your legal represetative will be appoited to act for you i lie with Arc s stadard terms of appoitmet (you ca ask us for a copy). c) We wo t pay for: legal expeses that are ureasoable; legal expeses icurred by your legal represetative i avoidable correspodece or which are recoverable from a court, tribual or other party; ay shortfall i costs recovered from aother party where the claim has bee successful ad costs have bee recovered. We ca do the followig: pay a amout to settle your claim or to pursue a actio i the Small Claims Court; refuse to pay ay further legal costs ad expeses if you do t accept ay offer i a civil claim, which is reasoable. I assessig whether a offer is reasoable, the likelihood of achievig a higher award ad whether the likely cost of cotiuig the claim is proportioal will be cosidered; give your legal represetative ad/or Arc all iformatio we have about you or your claim icludig ay medical iformatio;

6 refuse to pay further legal expeses if your claim does t cotiue to have a reasoable chace of success or the cost of legal expeses is o loger proportioal to the expected beefit. Persoal ijury claims As part of ay claim for persoal ijury your legal represetative may eed to arrage for you to be medically examied by a doctor. They may appoit a medical agecy to arrage this examiatio. The medical agecy will cosider whether rehabilitatio would assist you i recoverig from your ijury. We do ot restrict your legal represetative i their choice of medical agecy ad rehabilitatio provider. Disputes How to complai If you have a complait please cotact Arc quotig your claim umber. You ca write to: The Maagig Director Arc Legal Assistace PO Box 8921 Colchester CO4 5YD claims@arclegal.co.uk Uder the Solicitor Cliet Cofidetiality Rules, your legal represetative is required to obtai your writte coset i order to release ay iformatio relatig to your case to us. If Arc caot resolve your complait, you may refer your complait to the Fiacial Ombudsma Service withi 6 moths of receivig a fial respose letter from Arc. Their details are: Fiacial Ombudsma Service Exchage Tower Lodo E14 9SR Phoe: complait.ifo@fiacial-ombudsma.org.uk For more iformatio please visit Makig a complait wo t affect your right to take legal actio. Arbitratio You also have the right to refer ay dispute betwee you ad us to a arbitrator who will make a decisio to settle the dispute. The arbitrator will be either a solicitor or a barrister or other suitably qualified perso that you ad we agree o. If we ca t agree o the choice of arbitrator, we ll ask the Presidet of the Law Society or other goverig body for solicitors (or other legal represetatives appoited uder this isurace) i the relevat jurisdictio to choose oe which we both must accept. We ad you must keep to the arbitrator s decisio. The arbitrator may require you or us to pay the cost of the arbitratio. You ca get this ad other documets from us i Braille, large prit or o audio by cotactig us. LV= ad Liverpool Victoria are registered trade marks of Liverpool Victoria Friedly Society Limited ad LV= ad LV= Liverpool Victoria are tradig styles of the Liverpool Victoria Group of compaies. Liverpool Victoria Isurace Compay Limited, registered i Eglad ad Wales umber is authorised by the Prudetial Regulatio Authority ad regulated by the Fiacial Coduct Authority ad the Prudetial Regulatio Authority, register umber Registered address: Couty Gates, Bouremouth BH1 2NF. Tel: /17 LV MLE S121