Uninsured Loss Recovery Service and Motor Prosecution Defence

Uninsured Loss Recovery Service and Motor Prosecution Defence

Lawclub Legal Protection is a trading name of Allianz Insurance plc (we or us or our for the purposes of this endorsement) who underwrite and administer the Uninsured Loss Recovery Service and Motor Prosecution Defence on behalf of Zurich Insurance Group Ltd.

Special Definitions for the Purpose of this Endorsement

Costs

The payment by us on behalf of the insured person of:

a] professional fees costs and disbursements reasonably and properly charged by the legal representative on a standard basis up to the standard rates set by the courts which cannot be recovered from the insured person’s opponent; and

b] the salary or wages of your employee calculated to the nearest half day in respect of his or her absence from work to attend at a court or tribunal as a defendant or at the request of the legal representative in so far as they are not recoverable from the court tribunal or a third party. For this purpose a whole day should be taken to be eight hours. The pay for one day at the time of attendance will equal 1/250th of annual pay for full time employees and a proportionate amount of weekly pay for part-time employees; and

c] civil costs incurred by other parties for which the insured person is held liable by a court or tribunal under a judgment after full argument and otherwise than by consent or default or is payable under a settlement approved in advance and in writing by us.

We will only pay costs which we consider are necessary and in proportion to the value of the insured person’s claim. We will only start to cover costs from the time we have accepted the insured person’s claim in writing and appointed the legal representative.

Legal Representative

The solicitor or other person appointed with our agreement under this policy to represent the insured person.

Standard Basis

The assessment of costs which are appropriate to the insured person’s claim.

We, Us, Our

Lawclub Legal Protection.

The Cover

Uninsured Loss Recovery Service

We will pay the costs we have agreed to of the insured person taking legal action against his or her opponent including appeal or defence of appeals against judgment in respect of any road accident causing:

a) death of or bodily injury to the insured person while in or getting into or out of a vehicle

b) damage to a vehicle or any personal property which the insured person owns or is legally responsible for and which is in or on the vehicle.

Provided that:

i) the road accident happened within the territorial limits described under section 5 of this policy and during the period of insurance; and

ii) the claim is conducted under the jurisdiction of a court within the territorial limits described under section 5 of this policy; and

iii) the insured person has a reasonable chance of successfully recovering damages from his or her opponent at all times.

The most we will pay for all claims arising out of the same road accident is £100,000.

Motor Prosecution Defence

We will pay the costs we have agreed to of defending the insured person’s legal rights including appeal or defence of appeal against judgment in respect of any event which results in:

a) criminal proceedings being brought against the insured person for an offence relating to the ownership or use of a vehicle

b) a hearing about withdrawing, restricting or suspending the insured person’s licence other than a hearing arising due to a commercial decision made by the insured person.

The most we will pay for all claims arising from the same prosecution or hearing is £100,000.

Provided that:

i) the event happened within the territorial limits described under section 5 of this policy and during the period of insurance; and

ii) the claim is conducted under the jurisdiction of a court within the territorial limits described under section 5 of this policy; and

iii) the driver or passenger is driving or using a vehicle with your permission.

Special Exceptions

The general exceptions contained in section 11 of this policy apply to this endorsement.

In addition we will not be liable for costs in respect of or arising from or relating to:

1 disputes with us

2  costs we have not agreed to in writing

3  a claim when the insured person is or would but for the existence of this insurance be entitled to indemnity under any other section of this policy or any other policy or policies, except in respect of any excess beyond the amount which would have been payable under the other policy or policies had this insurance not been effected

4  any event relating to the consumption or use of drink or drugs

5  any event which is not covered under the insured person’s motor insurance policy

6  fines or other penalties imposed by a court, tribunal or regulator, including any costs awarded against the insured person following criminal proceedings

7  any application for a judicial review

8  the vehicle being used for racing, rallies or competitions

9  costs the insured person has paid directly to the legal representative or any other person without our permission

10  any VAT which the insured person can recover from elsewhere

11  any claim that happens because the insured person has deliberately, consciously, intentionally or carelessly failed to take all reasonable steps to avoid, prevent and limit that claim

12  any actual or potential prosecution, hearing or dispute that the insured person was aware of or should reasonably have been aware of before the cover under this endorsement started

13  parking offences for which the insured person does not get points on his or her licence

14  any claim arising out of a contract the insured person has with another person or organisation.

Special Conditions

The conditions described under section 12 of this policy other than condition 9 – Arbitration and the following special conditions apply to this endorsement.

If the insured person does not keep to all of the conditions we will have the right to avoid liability for any claims whether notified or not and to withdraw from any claims in progress.

1 Our Rights

We shall have the right to:

a) take over and conduct in the insured person’s name any claim or proceedings

b) settle a claim by paying the amount in dispute

c) appoint the legal representative in the insured person’s name and on the insured person’s behalf

d) have any legal bill audited or assessed

e) contact the legal representative at any time and have access to all statements, opinions and reports

f) end the insured person’s cover if during the course of the claim we think there is no longer a reasonable chance of success. If the insured person continues the claim and gets a better settlement than we expected we will pay his or her reasonable costs which the insured person cannot recover from anywhere else

g] at the end of the claim settle the costs covered by this policy if those costs cannot be recovered from anywhere else.

2 Legal Representative’s Responsibilities

The legal representative must:

a) get our written permission before instructing a barrister or expert witness

b) tell us if at any stage there is no longer a reasonable chance of a successful defence, getting damages back or getting any other solution that we agree to

c) tell us immediately if the other party makes a payment into court or any other offer to settle the matter

d) report the result of the claim to us when it is finished.

3 Insured Person’s Responsibilities

The insured person must:

a) give us written details of the insured person’s claim along with any other supporting information we ask for

b) make his or her claim within six months of the date of the event which gave rise to the dispute

c) follow the legal representatives advice and provide any information he or she asks for

d) take every reasonable step to recover costs and pay them to us

e) get our written permission before he or her makes an appeal

f) take every reasonable step to ensure that their legal representative keeps to condition 2 above

4 Withdrawal

We will have the right to end the insured person’s claim and recover any costs from the insured person which we have already paid or agreed to pay if:

a]  the legal representative reasonably refuses to continue acting for the insured person because of any unreasonable act or failure to act by the insured person; or

b]  the insured person unreasonably withdraws his or her claim from the legal representative without our agreement; and

c]  we do not agree to appoint another legal representative to continue the insured person’s claim.

5  Choosing the Legal Representative

At any time before we agree that legal proceedings need to be issued we will choose the legal representative. The insured person can only choose the legal representative if we agree that legal proceedings need to be issued or if a conflict of interest arises which means that the legal representative cannot act for insured person. The insured person must send the name and address of his or her chosen legal representative to us. We may decide not to accept the insured person’s choice. If the insured person and we do not agree with the insured person’s choice of legal representative, the matter will be settled using the procedure in Condition 6 Disputes

When choosing the legal representative the insured person must remember his or her duty to keep the cost of any legal proceedings as low as possible.

6 Disputes

If there is a dispute between the insured person and us the matter may be referred to an arbitrator who the insured person and we agree to. If the insured person and we cannot agree on an arbitrator the President of the Law Society or the Chairman of the Bar Council will chose one.

Whoever loses the arbitration must pay all the costs involved. If the decision is not clearly made against either the insured person or us, the arbitrator will decide how the insured person and we will share the costs.

7  Your Agreements with Others

We do not have to keep to any agreement between the insured person and the legal representative or the insured person and any other person or organisation.

8  Law and Language of this Endorsement

Unless we agree otherwise:

a) the language of this endorsement and all communications relating to it will be in English

b) English law will apply to the endorsement.

9  Fraud

If the insured person or anyone acting on the insured person’s behalf makes any false or fraudulent claim or uses a false or fraudulent document, device or statement in support of a claim the insured person will lose all rights under this endorsement and all cover will cease. In such circumstances, we retain the right to keep the premium paid and to recover any sums from the insured person that we may have already paid, or agreed to pay, under this endorsement.

10  Rights of parties

A person or company who is not a party to this policy has no right under the Contracts (Rights of Third Parties) Act 1999 or any replacement legislation to enforce any term of this policy but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

How to make a claim

If the insured person needs to make a claim under the Uninsured Loss Recovery Service or the Motor Prosecution Defence cover, please follow the instructions set out on page 5 of the Fleet handbook provided to you as part of your Fleet policy.

How to make a complaint

Our aim is to get it right, first time, every time. If we make a mistake, we will try to put it right promptly.

We will always confirm to you the receipt of your complaint within five working days and do our best to resolve the problem within four weeks. If we cannot, we will let you know when an answer can be expected.

If we have not sorted out the situation within eight weeks we will provide information about the Financial Ombudsman Service.

If you have a complaint please contact our Customer Satisfaction Manager at:

Lawclub Legal Protection

Redwood House

Brotherswood Court

Great Park Road

Bradley Stoke

Bristol

BS32 4QW

United Kingdom.

Phone: 0845 0700 886

Email:

Using our complaints procedure or referral to the Financial Ombudsman Service does not affect your legal rights.

The premium you have paid for this policy includes insurance premium tax.

Financial Services Compensation Scheme

If we are unable to meet our liabilities you may be entitled to compensation under the Financial Services Compensation Scheme (FSCS). Further information about compensation scheme arrangements is available at www.fscs.org.uk, by emailing or by phoning the FSCS on 0800 678 1100 or 0207 741 4100.

Data Protection

Allianz Insurance plc is part of the Allianz global group of companies ("Allianz”). Personal data (including sensitive personal data about health or medical condition) may be used by us for a variety of purposes as set out in this policy document.

By providing personal information (including any sensitive health and medical information) to us, you consent to its use as described in this policy document. By giving us information about another individual, you confirm that you have that individual's permission to provide it to us for use as described in this policy document.