We thought it might be helpful to analyse a clause from a legal expenses insurance (LEI) policy relating to cover for making a personal injury claim. It’s just one type of clause out of many in a LEI policy but it is a foundational one relative to personal injury claims. What is LEI? LEI is one way to insure yourself against the risk that a personal injury compensation claim you make might fail in such a way that you could be responsible for the costs (legal expenses) of your opponent. Typically, that can only happen if you get to the stage where you have to raise a court action to pursue your claim – so legal expenses insurance is insuring you against the risk of losing your claim in court. While it is possible to buy LEI as a standalone policy, most LEI policies are added to home or car insurance as an optional extra. LEI policies bought ‘before the event’ (BTE) protect policyholders in case legal action has to be brought or defended in the future. This type of policy would be Continue Reading
How to avoid throwing money away on your personal injury claim
Scottish solicitors’ firms have to do formal risk management training every year. This is particularly to minimise the risk of making mistakes which might mean we end up getting sued because of losses we might cause to our clients. We had a recent session in our Elgin office where the “system” to assess risks in our work on a daily basis was summarised as: Stop and think Do as you have been told (i.e. we have a lot of systems and procedures already for managing risk) Repeat one and two Everything looks clear with hindsight. You want to avoid looking back on things with regret, if possible. It can be especially annoying if, due to not “stopping and thinking”, you make a silly error which results in a loss to you personally or to your workplace. It’s a bit like that with personal injury claims and, from our perspective, there is an avoidable mistake many injured people make at the start of their personal injury claim. It causes financial loss to them. It’s not obvious, though, Continue Reading
If you travel with a drunk driver and get injured
If you travel with a drunk driver and get injured due to their bad driving, does that mean you can’t claim? A September 2019 poll commissioned by Glasgow-based solicitors, Dallas MacMillan, indicated that two-thirds of those polled believed that if you agree to be a passenger in a car driven by someone you know is under the influence of alcohol, you won’t be able to claim compensation from the driver if they crash the car and you’re injured. This 66% (or so) majority are mistaken in their understanding of the law. People injured in such circumstances can claim successfully – and you may be surprised by how fully they can claim. We agree that travelling with a driver who is under the influence is a very bad idea. On the other hand, you should not lose sight of the fact that passengers in vehicles very rarely have no compensation claim available to them if they are injured in an accident. In this article, we’ll look at the law on accidents involving passengers in vehicles driven Continue Reading
Is Legal Expenses Insurance worth it?
Legal expenses insurance (LEI) is also known as legal protection insurance or even just legal insurance. It can pay for the cost of legal advice, if you need help, in a variety of scenarios - for example - a boundary dispute with a neighbouring property owner a building dispute with a tradesman who has done work on your house an employment dispute a personal injury compensation claim following an accident The insurance can cover you whether you are the person initiating the claim or the person against whom the claim is being made. The main benefit of LEI is that it provides you with a route to justice which may otherwise be too expensive for you to consider. It can be a stand-alone policy but is often an add-on to other insurance, such as house contents insurance. Types of LEI There’s an important distinction between ‘before the event’ (BTE) LEI and ‘after the event’ (ATE) LEI. The ‘event’ is the thing that's happened for which you need the legal advice Continue Reading