Personal Injury court advice

[Lynnzer]

Basic stuff really. Got hit from behind by a BMW doing 65mph when I had stopped for the queue of traffic in front.

Car behind the culprit was driven by claims a management guy.... like could you believe it.
Got a no commission claims deal but they are now saying I need to pay for an insurance in case the claim proceeds to court. They say a barrister will be needed for this.

I thought such a heady legal representative wasn't usual for these cases and that a claimant could do this himself, or have his appointed solicitor do it. Perhaps the solicitors handling the claim are just racking up costs - expenses and even commission on the legal expenses cover.

Thoughts?
Oh this is the car that hit me up the jacksie

[des8]

Re: Personal Injury court advice

What you are being asked to pay for is "After The Event" insurance which would pay your defendant's legal costs & possibly your solicitors disbursements if your claim is unsuccessful.
Fairly standard practice

[Lynnzer]

Re: Personal Injury court advice

If only they gave correct info upfront........
What I got when I challenged the insurance was"we must advise you that in the event legal proceedings are issued against the defendant should an amicable settlement not be reached between both parties and should we lose at the court hearing then Defendant costs are payable by you given you would not have the ATE insurance in place.
These types of claims are not small claim cases, a barrister is required to attend on your behalf, same goes for the defendant whereby a district judge would assess and award the damages in the claim."

It seems strange though that the cost of the insurance will be taken from the proceeds of the claim. I mean, if an award is made then it wouldn't be necessary surely? And if the claim is rejected it can't be ;paid from the proceeds anyway.

Add to that, that in this case an award is inevitable. The only uncertainty is how much. I guess that a judge may not be inclined to ask for the defendants costs to be paid if the amount of the award is less than the claim anyway. Would it not be payable only in the case of a vexatious claim?

[charitynjw]

Re: Personal Injury court advice

In general terms recoverable ATE was abolished !st April 2013 via Article 3 (c) of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No 5 and Saving Provision) Order 2013, Statutory Instrument 2013 No 77.

s46 LASPO
http://www.legislation.gov.uk/ukpga/...ion/46/enacted