Can we use our motor vehicle legal protection insurance to make a small claim?
Motor vehicle legal protection insurance small claim: My daughter was involved in a road traffic accident a few months ago – we believe that the other driver was at fault, because he crossed her path on a roundabout while she was indicating ‘right’. Both my wife and I were in the car (my wife’s car – my wife had added my daughter to her car insurance policy).
My wife’s car was repaired under her policy. Now the other side is stating that they disagree who was at fault.
My wife’s motor policy has Legal Protection Insurance, but her insurers are saying that since the case will most likely be given a Small Claims Track hearing we will not be represented at the hearing.
Motor Accident Solicitor Response:
To decide if you can use your motor vehicle Legal Protection Insurance to make a small claim I recommend you consider the following procedure:
1. Claim on your motor vehicle Legal Protection Insurance immediately whether you suspect you have a small claim or not
Many UK motor vehicle insurers will have a help line manned by unqualified legal advisers. That adviser my put you off attempting to claim on your Legal Protection Insurance if it is suspected your compensation claim is a small one.
The reason being if your claim is what is known as “small claims track” – the loser does not have to pay the winner’s legal costs and your motor insurer may incur a large expense even if your claim is successful.
Do not be put off – irrespective of what your motor insurer’s helpline say you should ask for a claim form immediately and return it to your insurer. There is often a very short time limit to do this and your insurer should then pass it to an insurance panel solicitor to assess.
Click no win no fee / legal protection insurance to read the article I have written describing different ways of funding the legal costs of a UK compensation claim
2. Check the specific wording on your motor vehicle Legal Protection Insurance policy in relation to small claims
Often one of the benefits of UK Legal Protection Insurance is that no matter how much your compensation claim is worth your legal costs in making a claim should be paid on your behalf, but this will depend on the specific policy wording.
Legal Protection Insurance will often have a clause which will prevent costs from being paid if your claim does not have reasonable prospects of success – this is of course reasonable. It is more unusual for your ability to claim to be limited by the amount your compensation is worth.
Remember you have paid extra on your motor insurance to cover you for your legal costs in the event of an accident – no matter how bad that accident is.
Your policy should also set out how you can challenge any decision of the insurer.
3. The facts of your road accident claim are clear
Your description of how your daughter’s accident was caused clearly show that the other driver was at fault. A good solicitor can easily prove this on your behalf.
If there is a suggestion that your legal costs will be paid by your motor vehicle Legal Protecton Insurance up to the final hearing, but at that hearing you will not be represented – do not be concerned. Very few claims reach a final hearing and your solicitor will have won your claim long before a final hearing is necessary.
Click car accident claim to see how to prove fault for your road traffic accident.
4. Consider any personal injury suffered in your car accident
If your daughter, wife or yourself (who were all in the car) suffered a personal injury such as a whiplash lasting over one month it is very likely your compensation clam will not be a small claim, but worth over £1000.
If your claim is worth over this amount in the UK – the loser pays the winners costs and your motor vehicle Legal Protection Insurance would have no grounds to refuse to pay the legal costs in making your claim.
Click car accident compensation to see the amount of compensation you can claim for RTA injuries
5. Consider using your own UK road accident solicitor to make a compensation claim
You do not have to rely on using a panel solicitor under your motor vehicle Legal Protection Insurance policy.
If you or your family have suffered a personal injury – there are a number of ways of funding the cost of using a solicitor which will not cost you any money.
Click no win no fee to see how to fund the legal costs of making a personal injury claim.
I can assist you in this process free of charge – click motor vehicle accident solicitors to select the assistance you desire from our free help options.