Motor Legal Expenses Policy Wording
This Policy has been arranged by Driver Guardian Limited and Motorplus Limited and is underwritten by UK Underwriting Limited on behalf of: Ageas Insurance Limited, Registered in England No. 354568. Registered Office: Ageas House, Tollgate, Eastleigh, Hampshire, SO53 3YA.
Driver guardian Limited, registered in England No. 7560710. Registered Office: Guardian House, 1 Slaidburn Crescent, Southport, Merseyside, PR9 9YF. Motorplus Limited, Driver Guardian Limited, Qdos Broker & Underwriting Services Limited, UK Underwriting Limited and Ageas Insurance Limited are authorised and regulated by the Financial Services Authority. This can be checked on the FSA’s register by visiting the FSA’s website at www.fsa.gov.uk/register or by contacting them on 0845 606 1234 .
Subject to the appropriate premium having been paid We agree to cover You as set out in this Policy. Unless expressly stated nothing in this Policy will create rights pursuant to the Contract (Rights of Third Parties) Act 1999.
The solicitor, solicitors’ firm, barrister or other suitably qualified person appointed by Us to act for You.
Conditional Fee Agreement A written agreement between You and the Appointed Lawyer entered into pursuant to Section 58(1) Courts and Legal Services Act 1990 as defined in the Conditional Fee Agreement Regulations 1998 and an agreement between the Appointed Lawyer and counsel, if appropriate.
Cover Period The period beginning with the date of inception of this MotorPlus legal protection scheme and ending on the next expiry date of the motor insurance policy to which this MotorPlus legal protection scheme is annexed or 12 calendar months, whichever is the less.
Insured Incident An event which causes damage to the Policyholder’s Vehicle or to Your personal property in it.
Legal Costs Professional fees which You are bound to pay, including reasonable fees or expenses incurred by the Appointed Lawyer whilst acting for You in the pursuit of a claim.
Policyholder The person who has taken out this Policy.
Policyholder’s Vehicle That vehicle specified in the motor insurance policy issued with this Policy, together with any caravan or trailer attached to such vehicle at the time of the Insured Incident.
Territorial Limits The United Kingdom.
We/Our/Us UK Underwriting Limited on behalf of Ageas Insurance Limited. UK Underwriting Limited are an insurers’ agent and in the matters of a claim act on behalf of the insurer.
You/Your/Yourself The Policyholder and any person driving or riding in or on the Policyholder’s Vehicle who is: 1. 2. 3. domiciled in the United Kingdom; and authorised to drive the Policyholder’s Vehicle by the Policyholder’s motor insurance certificate; and has the Policyholder’s permission to make a claim; but NOT including passengers in or on the Policyholder’s Vehicle at the time of the Insured Incident.
This Policy Will Cover
Subject to the terms, conditions, exclusions and limitations in this Policy, We will pay Legal Costs to a maximum of £50,000.00 in order to pursue a claim directly arising from one or more Insured Incidents, occuring within the Territorial Limits and during the Cover Period and provided that the premium has been paid, if We deem that there are reasonable prospects of success. Following an Insured Incident We will take all the details, collate the information about Your losses and negotiate to try and recover them. If a decision is appealed We will help in appealing or defending an appeal. If an Appointed Lawyer is used, We will pay the Legal Costs for this.
This Policy Will Not Cover
1.1 which You do not report to Us within 180 days after the date on which the Insured Incident occurs; 1.2 relating to a contract involving the Policyholder’s Vehicle; 1.3 arising whilst the Policyholder’s Vehicle is being used by anyone who does not have valid motor insurance.
2.Legal Costs of or relating to claims regarding:
2.1 any deliberate or criminal act or omission; 2.2 war, invasion, foreign enemy hostilities (whether war is declared or not), civil war, terrorism, rebellion, revolution, military force or coup; 2.3 radiation or radioactive contamination; 2.4 the hazardous properties of any explosive, corrosive, invasive or toxic substance or material; 2.5 sonic pressure waves; 2.6 a dispute with Us or with Your insurance broker or provider; 2.7 any computer, electric, electronic or mechanical error; 2.8 death or personal injury.
3. Legal Costs incurred: 3.1before Our written acceptance of a claim; 3.2 whilst You are bankrupt, in administration or in receivership, or if You have entered into a composition with creditors.
4. The balance of Legal Costs incurred over and above any figure We have previously agreed.
5. Legal Costs incurred during any legal action You take which We have not agreed to, or where You do anything that hinders Us or the Appointed Lawyer.
We may elect not to assist with a claim, or cease to deal with it if it appears to Us at any stage that the claim does not have reasonable prospects of success. In the event of a claim please do not appoint Your own solicitor as this will invalidate the cover provided by this Policy. We may not be able to assist You if an accident was caused by an uninsured or untraced motorist. This Policy does not extend to passengers. This Policy does not cover the costs of a claim for compensation arising from death or personal injury, in respect of which separate legal funding such as a Conditional Fee Agreement would be necessary.
1.1abide by the terms and conditions of this Policy; 1.2 try to prevent or minimise Legal Costs wherever possible; 1.3 send Us everything We ask for in writing.
2.1 take over any claim or proceedings at any time and conduct them in Your name; 2.2 negotiate or settle any claim or proceedings on Your behalf; 2.3 contact You direct at any time concerning a claim.
3.1 An Appointed Lawyer will be appointed by Us, representing You pursuant to Our standard terms of appointment. 3.2The Appointed Lawyer will have direct contact with Us and must co-operate fully with Us at all times. 3.3You must co-operate fully with the Appointed Lawyer and with Us, keeping Us informed and attending meetings or hearings as may be required at Your own expense. 3.4You must give the Appointed Lawyer any instructions that We request. 3.5 if it becomes necessary to appoint a lawyer to assist You before the issue of court proceedings We will choose the Appointed Lawyer. If by the date when it is necessary to issue court proceedings We have not already chosen an Appointed Lawyer, You can nominate one by sending Us the name and business address of a suitably qualified person. We may choose not to accept Your nominee if they are unable to agree terms with Us. If there is a disagreement over the choice of Appointed Lawyer another suitably qualified person can be appointed to decide the issue (see below). 3.6 You must at Our request instruct the Appointed Lawyer to have any Legal Costs taxed, assessed or otherwise audited. 3.7 You must take all necessary steps to assist the recovery of Legal Costs from any other party, and pay Us any Legal Costs so recovered. 3.8 We will not be bound by any undertaking or other promise or assurance You may give to the Appointed Lawyer or which You or the Appointed Lawyer give to any other person. 3.9 If You or the Appointed Lawyer terminate their retainer, We will consider the reasons for this. We may then terminate the cover provided by this Policy or We may agree to appoint another Appointed Lawyer. 3.10 If You settle, withdraw or abandon a claim without Our prior agreement, or fail to give suitable instructions to the Appointed Lawyer, the cover We provide will end immediately and We will be entitled to reclaim from You any Legal Costs paid by Us. 3.11 If We and You disagree about the choice of Appointed Lawyer, or about the handling of a claim, We and You can choose another suitably qualified person to decide the matter, agreeing the choice of this person in writing. If this is not possible We will ask the President of the relevant national Law Society to nominate a suitably qualified person. The Party whose choice is rejected must pay the costs and fees incurred in resolving the disagreement. 3.12 This Policy does not cover the costs of a claim for compensation arising from death or personal injury, in respect of which separate funding such as a Conditional Fee Agreement would be necessary.
4.1 You must inform Us of any proposal to settle a claim including any Payment into Court. If You reject an offer which We consider reasonable We may refuse to pay any further Legal Costs. 4.2 You must not negotiate or agree to settle a claim without Our prior approval.
5. We may elect to pay You the amount of damages You are claiming, instead of starting or continuing a claim.
6. We may if We see fit require that You obtain Counsel’s Opinion from a barrister agreed by You and Us, as to the merits of a proposed claim or proceedings. You will be responsible for the costs of obtaining the Opinion, but if this indicates that there are reasonable grounds for the pursuit of a claim or proceedings, We will refund Counsel’s fees.
7. We can cancel this Policy at any time by giving You 21 days’ notice in writing.
8. We will not pay any claim that is covered by any other policy of insurance or by trade union membership, or any claim that would have been covered by any other policy of insurance or by trade union membership if this Policy did not exist.
9. Apart from Us, only You may enforce all or any part of this Policy, and the rights and interests arising from or connected with it. This means that the Contract (Rights of Third Parties) Act 1999 does not apply to the Policy in relation to any third party right or interest.
10. This insurance is written in English and all communications about it will be in English. The parties are free to choose the law applicable to this insurance contract. Unless specifically agreed to the contrary this insurance shall be subject to the Laws of England and Wales.
11. Any Act of Parliament mentioned in the Policy includes equivalent laws in the relevant jurisdiction in which any claim arises.
Making a Claim To make a Claim call 0800 157 7273 . We are available 24 hours a day, every day. You can ask for assistance where: • You need temporary transport • You have suffered losses which Your insurer does not refund (“uninsured” losses) This Policy can help where you have had a motor accident which was not Your fault.
About Motorplus Legal Expenses We are here to help with any motoring accident or emergency. You can call us day or night, all year round. We also provide telephone information services, which are detailed in this Policy. We want you to obtain maximum benefit from this Policy. Please take a few minutes to read through the details and familiarise Yourself with the services We can offer. If You have any queries, please contact Your insurance provider, who will be happy to assist.
If you have a Motor Accident Fortunately motor accidents are rare. However, when they do occur, many people have no idea what to do. You now have the protection of Motorplus Legal Expenses. If an accident occurs: ••• write down the details of each vehicle and driver; take the names and addresses of any witnesses; as soon as You can, call Us direct on 0800 157 7273 .
PLEASE REMEMBER, We are here to help: if You are not sure what to do, call Us. If Your vehicle is undriveable We can make arrangements for it to be towed to a place of Your choosing. PLEASE NOTE: You will have to pay the towing fees. If the accident was not Your fault, We may be able to recover these costs from the responsible party or their insurers. However, in most cases the insurers will only pay the cost of towing to a repairer nearby. If the accident was caused by another person, We may be able to supply a replacement hire vehicle if Your own is undriveable or for the duration of repairs. If You have “uninsured losses” (losses which Your own insurers will not refund to You, such as lost earnings or policy excess but not including compensation for injuries) then once Your claim is reported and accepted, We will try to recover these losses for You from the person who caused the accident or their insurers. Claims are normally handled within our Claims Centre. We may appoint a solicitor to deal with the matter. To make a claim call the Claims Centre on 0800 157 7273
For Legal Advice:
For telephone advice on any personal legal problem in the European Economic Area call 01603 420033 We may monitor or record calls to assist Us in maintaining Our high standards. When calling, please quote MotorPlus. We will not accept responsibility if the Helpline Service is unavailable for reasons beyond Our control.
We hope that You are happy with the cover this Policy provides. You have the right to cancel the Policy at any time by sending Us notice in writing. If You send notice in writing within 14 days of receiving the Policy then We will return the premium in full. This is called the “cooling off period”. If You cancel at any other time, any refund of the premium or a proportion of it will be at Our discretion.
It is the intention to give You the best possible service but if You do have any questions or concerns about this insurance or the handling of a claim You should in the first instance contact: Chief Executive Officer Motorplus Limited Kircam House Whiffler Road Norwich
NR3 2AL Tel: 01603 420 000 Fax: 01603 420 010 Please ensure Your policy number is quoted in all correspondence to assist a quick and efficient response. In the event You remain dissatisfied and wish to make a complaint, You can do so by contacting the following: The Customer Relations Manager UK General Cast House Old Mill Business Park Gibraltar Island Road Leeds LS10 1RJ Tel: 0845 218 2685 Email: firstname.lastname@example.org
If it is not possible to reach an agreement, You have the right to make an appeal to the Financial Ombudsman Service. This also applies if You are insured in a business capacity and have an annual turnover of less than €2 million and fewer than ten staff. You may contact the Financial Ombudsman Service at: The Financial Ombudsman Service South Quay Plaza 183 Marsh Wall Docklands London E14 9SR Tel: 0845 080 1800 The above complaints procedure is in addition to Your statutory rights. For further information about Your statutory rights contact Your local authority Trading Standards Service or Citizens Advice Bureau.
Financial Services Compensation Scheme
Ageas Insurance Limited is covered by the Financial Services Compensation Scheme. You may be entitled to compensation from the scheme in the unlikely event that Ageas Insurance Limited cannot meet their financial responsibilities. The FSCS will meet 90% of Your claim, without any upper limit. You can obtain further information about compensation scheme arrangements from the FSCS at www.fscs.org.uk, or by phoning 0207 892 7300 .
Data Protection Act 1998
Please note that any information provided to Motorplus Limited, Qdos Broker & Underwriting Services Limited, UK Underwriting Limited and/or Ageas Insurance Limited will be processed in compliance with the provisions of the Data Protection Act 1998. Motorplus Limited is authorised and regulated by the Financial Services Authority. Regulated by the Ministry Of Justice in respect ofregulated claims management activities. S-MPM350K 0211a