How To Use Legal Protection Cover To Fund A Small Claim
Find out in a site visitor Q&A when you can use your motor legal protection cover to fund a small claim,
Road Accident Description
My daughter (vehicle driver) was involved in a road traffic accident a few months ago.
We believe that the other driver was at fault. He crossed her path on a roundabout, while she was indicating to proceed to the right. The markings on the roundabout allowed her to do so.
Both my wife and my nephew were in the car, which was 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. However, 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.
FAQ / Q&A
Yes – typically your motor legal protection insurance will fund a solicitor to help you make a small claim following a road accident.
You would need to check the wording of the insurance policy itself. However – typically you will have paid a small amount extra to have the legal cover included. Therefore – it is usual it would cover the policy holders to make a claim for vehicle damage and personal injury. irrespective as to how big or small the claim is.
We would urge caution with the initial response from your motor insurer’s telephone helpline.
Many motor vehicle insurers will have a helpline answered by unqualified legal advisers.
That adviser may try to put you off attempting to claim on your legal protection insurance. Especially if it is suspected your compensation claim is a small one.
The reason being, if your claim is a small claim – the loser does not have to pay the winner’s legal costs.
Therefore, your motor insurer may incur a large expense even if your claim is successful. Insurers don’t like this, so they may mislead you into thinking you are not covered when you are.
| Do Not Be Put Off |
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| Do not be put off!! Whatever you are told by the motor insurer’s helpline adviser – ask for a claim form immediately and return it to your insurer. |
No – we recommend you claim on your motor vehicle legal protection insurance immediately, whether you suspect you have a small claim or not.
Once your claim form is completed – your insurer should then pass it to an insurance panel solicitor to assess.
There is often a very short time limit to use your legal cover (as specified in your motor insurance policy).
This is a contractual time period determined by your motor insurance agreement. It can sometimes restrict you to a matter of months following a road accident to use the legal cover.
Often one of the benefits of 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. However, your rights will depend on the specific policy wording.
Legal protection insurance will often have a clause, which will prevent your from using your legal expenses cover should your legal adviser believe your claim does not have reasonable prospects of success.
It is more unusual for your ability to claim to be limited by the amount your compensation is worth.
| You Paid Extra For Legal Cover |
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| Remember – you have paid extra on your motor insurance to cover you for your legal costs in the event of an accident. Thus, use your cover – no matter how bad that accident is. |
Yes – your policy should set out how you can challenge any decision of your motor insurer.
Your description of how your daughter’s accident was caused clearly show that the other driver was at fault.
However, there can be a dispute in a roundabout accident if the other driver gives a different version of events. See our roundabout accident claim article to see how to prove your claim.
Your motor policy will normally allow your legal costs to be paid by your motor vehicle legal expenses insurance up to and including the final hearing.
If the matter cannot be resolved the final hearing will be a trial. However, you will typically be represented via your legal funding. Of course, you will need to check the specific wording, However – but it would be unusual for there to be an exclusion of the final hearing.
| A Trial Is Unlikely |
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| Very few claims reach a trial. Typically, your solicitor will have won your claim long before a final hearing is necessary. |
Yes – you should never overlook any personal injury suffered in your car accident. This may make your claim larger than a small claim. However, the small claims limit for adults was increased by new law in 2021.
Is you are using your motor legal protection cover – you will often be tied to using an insurance panel solicitor or the inhouse legal team of your motor insurer.
However, should any injury be beyond the small claims limit. You can choose your own solicitor outside of your legal protection cover to help you claim.
You would need to evaluate if this is your preferred approach. Remember! There can be some advantages to using legal protection cover.
| Claims Beyond The Small Claims Limit |
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| If you or your family have suffered a personal injury that is beyond the small claim limit. There are a number of ways of funding the cost of using a solicitor if your claim is beyond the small claims limit. An example of which is no win no fee. |
Children injured in a road accident are not subject to the new increased small claims limit for road accidents.
Therefore, if your nephew is a child and was injured – he may be able to have help by a solicitor for his claim using a no win no fee.
| Child May Be Able To Have A No Win No Fee |
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| Watch out!! A child may be able to use a solicitor on a no win no fee even if the adults in the same accident cannot. |
Yes – it is essential. Your motor policy and legal aspect of the policy is definitive as what you can be funded to claim.
Therefore – we recommended that you check the specific wording on your motor vehicle legal protection insurance policy in relation to small claims
FREE Legal Help – Decide How To Proceed With A Small Claim
Uncertain if you have a small claim following a road accident? Want to know the options open to you to proceed with a small claim whether you have legal cover or not?
Why not use our free telephone / online legal help. You can ask a question and have your claim assessed.
