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Here at the Car Insurance Megastore, we can provide you with high quality legal cover. So if you have had an accident, with or without legal cover, we can help. For just £15.00 per year.

Summary
Legal cover up to £100,000

Policy by
Blakemores Insurance Services Ltd

You, your
The person who has taken out the policy

Insured

• The individual or company who has paid the premium.
  Or in the case of a road traffic accident
• Any other person(s) authorised to drive the Insured Vehicle or any authorised passenger

Insured Vehicle
A private car, motorcycle, commercial vehicle, taxi or Hackney Carriage owned or leased by the Insured and specified in an underlying motor insurance certificate.

Appointed Representative
A consultant, solicitor barrister or other appropriately qualified person appointed to act for the insured in accordance with claims procedures.

Period of Insurance
The period specified in the certificate of Insurance.

Legal Expenses

• Any fees, expenses and other disbursements incurred by the appointed representative including expenses of expert witnesses.
• Any costs incurred by other parties as the Insured has been held liable.
• Any fees, expenses or other disbursements reasonably incurred in resisting an appeal.

Accident
An event arising from the negligence of another party resulting in damage to personal property and / or personal injury whilst walking on the highway, driving or being carried as a passenger in a motor vehicle, riding a horse or pedal cycle.

Uninsured Losses
Any loss or Injury including consequential loss sustained by the Insured arising out of the accident where such a loss is not covered by another insurance policy.

Territorial limits
United Kingdom and Northern Ireland This policy summary provides key information about Highway Legal Expense Protection of which you should read. The full terms and conditions of your policy can be found in the Highway Legal Expense Policy Booklet which you will have received with this leaflet. Use this information to decide whether Perceptions services are right for you. Below are the features and benefits from this legal expense policy which includes any exclusions applicable.

Features & benefits
Uninsured Loss Recovery and Personal Injury We will negotiate to recover uninsured losses and costs following a collision between the insured vehicle and another vehicle which:

• causes damage to the insured vehicle, or to personal property in it, or
• injures or kills the insured person

We will negotiate to recover uninsured losses and costs following an accident whilst riding a horse on the highway which:

• causes damage to the horse, or to personal property whilst, or
• injures or kills the insured person

We will negotiate to recover uninsured losses and costs following an accident whilst walking on the highway which:

• causes damage to personal property, or
• injures or kills the insured person

We will negotiate to recover uninsured losses and costs following an accident whilst riding a pedal cycle on the highway which:

• causes damage to the pedal cycle, or to personal property
• injures or kills the insured person

We will also negotiate to recover any other uninsured losses that are recoverable under your policy such as:

• loss of use
• costs for use of a hire vehicle
• loss of earnings
• damage or loss to personal effects
• your policy excess
• vehicle recovery and storage costs
• Vets Bills

Exclusions or limitations
It must be more likely than not that the insured person(s) will recover any damages.

Only costs charged by a lawyer appointed by Perception will be covered.

External costs are limited to £50,000 and this includes the opponent’s costs.

Costs incurred before Perception agrees to appoint a representative to help an insured person.

Unless Perception agrees to start court proceedings or there is a conflict if interest, Perception is free to choose a representative to help the insured person.

All costs should be reasonably incurred and the insured should take measures to minimise any costs of any claim.

Policy Section

• Conditions for claims settlement (2)
• Conduct of claim (3a)
• Policy Schedule
• Exclusions (2)
• Conduct of claim (3a)
• Conduct of claim (7)

Your cancellation rights
We hope you are happy with the cover this policy provides, however you may cancel this policy without notice within 14 days of taking the policy out. You may ask the person who sold you this policy about getting a refund of any premiums you have paid.

Making a claim
If you have been in an accident please contact us as soon as possible and within six months of your accident. Telephone your broker to report your claim.

How to make a complaint
If you have a complaint about the service you have received or about a claim, please write to our Managing Director at our head office address shown below. He will direct your complaint to the relevant department(s). A copy of our internal complaint handling procedure is available on request.

If you wish to complain about the underwriter of this insurance please write to the Managing Director, Templeton Insurance Ltd, 18-20 North Quay Douglas, Isle of Man, IM1 4LE.

If you are still unhappy with the response you receive, you have the right to ask the Financial Ombudsman Scheme to review your car insurance complaint.

Head Office address:
Perception, 40 Great Charles Street, Birmingham, B3 2AN
Perception is an agent of Templeton Insurance Limited which underwrites this insurance. Templeton Insurance is regulated and authorised by the Isle of Man Insurance and Pensions Authority. The Company is permitted to conduct business with the UK, however, it is not authorised to carry on business in the UK, which means that management and solvency is not supervised by her Majesty’s Government and you will not be protected by the Financial Services Compensation Scheme if the Company is unable to meet its liabilities to you.

Who regulates us?
Blakemores Insurance Services Limited trading as Perception is authorised and regulated by the Financial Services Authority which is the independent watchdog that regulates financial services. It requires us to give you this document. Our FSA Register number is A0021282.

Our permitted business is advising, arranging, dealing as an agent and assisting in the administration and performance of general insurance contracts mainly car insurance quotes.
You may check this on the FSA’s register by visiting the FSA website at,
www.fsa.gov.uk/register or by contacting the FSA on 0845 606 1234

 

LEGAL PROTECTION POLICY WORDING

IN THIS POLICY THE MEANING OF THE FOLLOWING WORDS WILL BE:
Authorised Costs are all those Disbursements (including the premium payable for this policy unless specifically excluded on the Schedule of Cover) that Your Legal Representative incurs on Your behalf in pursuing Your Claim against an Opponent that would in a Successful Claim be recoverable from an Opponent and are reasonably and properly incurred.
Claim means the legal action brought by You as a result of the Insured Event stated in the Schedule of Cover to pursue Damages from an Opponent and in which a Legal Representative has agreed to represent You within the terms of a Conditional Fee Agreement.
Conditional Fee Agreement is the agreement between You and Your Legal Representative that details the payment for their professional fees in representing You.
Court means a court, arbitration, mediation, tribunal or other competent authority
Damages means money or some other remedy that a Court says Your Opponent must pay You or Your Opponent agrees to pay You to settle Your Claim.
Deficiency of Damages means any Authorised Costs You are liable to pay that exceed the total Damages and costs awarded against Your Opponent if Your Claim is a Successful Claim.
Disbursement has the same meaning as ascribed in section 67 of the Solicitors Act 1974 and includes the premium payable for this policy.
Final Judgment is the time within which You or Your Opponent can appeal against the Court’s decision has expired.
Insolvency means in the case of a company or partnership the approval of a Company Voluntary Arrangement pursuant to Part 1 of the Insolvency Act 1986, the making of an Administration Order, the making of a Winding Up Order (whether voluntary or compulsory), the appointment of Receivers or Administrative Receivers or in the case of an individual the approval of an Individual Voluntary Arrangement pursuant to Part VIII of the Insolvency Act 1986 or the making of a Bankruptcy Order.
Insured Costs is Your Opponent’s legal fees and Disbursements and Your Opponent’s insurance premium, if recoverable from You, that a Court orders You to pay or You agree to pay with Our express written permission but only to the extent that such fees and Disbursements are or would be payable on the standard basis.
Insured Event is the incident that has led to a Claim.
Interest means the amount of interest charged by a Lender on any loan that You or Your Legal Representative enter into to fund all or part of Your properly incurred Authorised Costs which are incurred in the pursuit of Your Claim.
Lender is any person, partnership or company with whom You or Your Legal Representative enter into any form of Loan Agreement.
Loan Agreement is any form of funding arrangement which may or may not be Interest accruing the purpose of which is to provide finance to fund Your reasonably and properly incurred Authorised Costs which are incurred in the pursuit of Your Claim.
Legal Representative is a solicitor appointed by You and approved by Us under the terms of this insurance policy to represent You and protect Your interests in Your Claim.
Limit of Liability is the maximum limit of Our liability under this policy which is £50,000.00 or as otherwise notified in the Schedule of Cover.
Opponent is the individuals or organisations from whom You are claiming Damages.
Sub-limit means a sum not exceeding 25% of the total Limit of Liability
Successful Claim means You agree a settlement with Your Opponent in Your favour in whole or in part of Your Claim on liability and/or Damages or a Court makes a Final Judgment in Your favour in whole or in part of Your Claim in liability and/or Damages and assesses the amount of Damages or some other remedy that Your Opponent has to pay You.
Unsuccessful Claim is where a court has made a Final Judgment and dismissed the totality of Your Claim or You have withdrawn Your Claim on the advice of Your Legal Representative and with Our express written permission.
We, Us, Our means Elite Insurance Company Limited, the underwriters of this insurance.
You or Your means the policy holder named in the Schedule of Cover who has purchased this insurance and has entered into a Conditional Fee Agreement with a Legal Representative.
WHEN YOUR CLAIM ENDS
Your Claim Ends when:
a. Your Claim is a Successful Claim; or
b. Your Claim is an Unsuccessful Claim; or
c. You withdraw Your Claim; or
d. Your Conditional Fee Agreement is terminated.

CONDITIONS PRECEDENT
The due observance, compliance and fulfilment by You and Your Legal Representative of each and every one of the terms and conditions of this policy shall be a condition precedent to the liability of Us to make any payment under this policy.

It is a condition precedent that on entering into this policy that:
a. You irrevocably agree that if Your Claim is a Successful Claim, or Your Claim is an Unsuccessful Claim and the policy does not insure the premium, that You will pay Us the premium or We shall retain payment of the premium of this policy if it has already been paid; and
b. In Your Legal Representatives professional opinion Your Claim has, and continues to have at all material times, greater prospects of being a Successful Claim than an Unsuccessful Claim.

WHAT IS COVERED
1. We will indemnify You under the terms and provisions of this policy, subject always to any variation specified in the Schedule of Cover, providing You have paid Us the premium or You have agreed to pay Us the premium and You have entered into a Conditional Fee Agreement with Your Legal Representative who continues to represent You.
2. We will pay Your Insured Costs if:
2.1. A court orders You to pay them after a Final Judgment against You, or
2.2. A court orders You to pay them if the Damages awarded to You are less than Your Opponent has offered You to settle the Claim, or less than Your Opponent has paid into court, or
2.3. A court orders You to pay them if You and Your Legal Representative and We agree not to continue with Your Claim, or
2.4. A court orders You to pay any costs to Your Opponent before the Claim has finished.
3. We will pay Your Authorised Costs if Your Claim is an Unsuccessful Claim and they were properly incurred by Your Legal Representative.
4. We will pay Your Authorised Costs if Your Claim is a Successful Claim and they were properly incurred by Your Legal Representative but Your Authorised Costs become unrecoverable from Your Opponent as a consequence of their Insolvency provided always that Your Opponents Insolvency occurs after Your Claim has become a Successful Claim and
provided that any sums recovered from Your Opponent in the form of costs or Damages are first applied to pay such Authorised Costs.
5. We will pay any Insured Costs direct as agreed between Us and Your Legal Representative so as to satisfy any indebtedness that You have incurred that has been notified to Us in pursuing Your Claim when:
5.1. Your Claim Ends and the amount of Insured Costs to be paid has either been assessed by a court or agreed with Your Opponent and accepted by Us.
5.2. You are ordered to pay costs to Your Opponent before Your Claim Ends, within a time set by the court.
6. Save for paragraph 5.2 herein any payments We make for Your Authorised Costs and/or Insured Costs will be made after Your Claim comes to an End.
7. Any Deficiency in Damages subject always to the Sub-limit.

WHAT IS NOT COVERED
8. We will not cover the following:
8.1. Any Claim which cannot be dealt with by a court within England or Wales.
8.2. Anything not relating to the Insured Event.
8.3. Anything relating to the interest of anybody other than You.
8.4. Any Claim arising out of any criminal act or omission by You.
8.5. Any Authorised Costs not authorised by Your Legal Representative in pursuing Your Claim.
8.6. Any Authorised Costs or Insured Costs that arose before the Commencement Date of this policy unless otherwise notified in Schedule of Cover.
8.7. Any Authorised Costs or Insured Costs incurred due to the postponement or delay of Your Claim due to the illness, injury or death of any person directly or indirectly involved in Your Claim.
8.8. Any indemnity provided to You by this insurance policy that is provided by any other insurance.
8.9. Any Authorised Costs or Insured Costs whether by order or agreement arising from Your failure and/or delay in providing instructions or You or Your Legal Representatives unreasonable or negligent conduct.
8.10. Any Authorised Costs or Insured Costs relating to the amendment of any expert’s evidence that have not been notified to Us.
8.11. Any appeal against an order or Final Judgment without Our express written permission.
8.12. Any Claim relating to clinical negligence.
8.13. Any Claim relating to the detailed assessment of fees and/or disbursements.
8.14. The fees charged by Your Legal Representative incurred in the pursuit of Your Claim.
8.15. Any Claim directly or indirectly caused by, contributed to or arising from
8.15.1. Ionising radiation or radioactive contamination from nuclear fuel or from any nuclear waste arising from burning nuclear fuel.
8.15.2. The radioactive, toxic explosive or other dangerous properties of any nuclear equipment or nuclear part of that equipment.
8.15.3. War invasion, riot, revolution or a similar event.
8.16. Any costs or Authorised Costs or Insured Costs that arise after You have been given funding by the Legal Services Commission.
8.17. Any Authorised Costs or Insured Costs resulting from a fraudulent or dishonest Claim.
8.18. Any counterclaim against You without Our express written permission.
8.19. The cost of any medical or other expert report commissioned solely with a view to obtaining a more favourable opinion.
8.20. Any VAT which can be recovered by You or Your Legal Representative.
8.21. Any Claim You withdraw from without our permission and that of Your Legal Representative.
8.22. Any Authorised Costs or Insured Costs where the Conditional Fee Agreement is terminated before the end of Your Claim unless We and Your Legal Representative agree to pay such costs.
8.23. Any Authorised Costs or Insured Costs after the Conditional Fee Agreement is terminated
8.24. Any Authorised Costs or Insured Costs arising after Your Claim becomes part of a group litigation order without Our express written permission.
8.25. Any barristers’ fees that are within the terms of a Conditional Fee Agreement.
8.26. Any shortfall on recovery of the premium or any Authorised Costs payable under this policy from Your Opponent on a Successful Claim.
8.27. Any Claim where You take legal action which We or Your Legal Representative have not agreed to or where You do anything that hinders Us or Your Legal Representative in pursuit of Your Claim.
8.28. Any Authorised Costs or Insured Costs arising from any delay or default by You or Your Legal Representative which in Our opinion affects the conduct of Your Claim or where You or Your Legal Representative fails to cooperate with us.
8.29. Any payment which You or Your Legal Representative makes to a third party including but not limited to a file acquisition fee, a document sign up fee, a commission or any other inducements howsoever arising whether or not forming part of an Authorised Costs without Our express written permission.
8.30. Any increased Authorised Costs or Insured Costs or wasted costs orders made by a Court as a result of any delay or default by You or Your Legal Representative.
8.31. Any amount Your Opponent is obliged to pay to You or Your Legal Representative but fails to pay for whatever reason.

TERMS AND CONDITIONS
9. If You or Your Legal Representative do not keep to these terms and conditions, We may cancel this policy with no liability whatsoever for Your Authorised Costs or Insured Costs.
10. You must do the following:
10.1. Follow Your Legal Representative’s advice and provide any information that they may request.
10.2. Allow Us access to all reports and opinions that We ask to see including Your Legal Representative’s file.
10.3. Make sure that the information You give to Your Legal Representative is accurate, and that You do not do anything which could harm Your Claim.
10.4. Cooperate fully with Us and Your Legal Representative at all times.
10.5. Go to all court hearings, medical examinations or other appointments that Your Legal Representative asks You to.
10.6. Take every step to keep Insured Costs as low as possible.
10.7. Allow Us or Your Legal Representative to choose Our own expert when We deal with an assessment of the Insured Costs when Your Claim is ended.
10.8. Allow Us to recover, in Your name, any payments We have made on Your behalf.
10.9. Allow Us to appoint a barrister and ask for their opinion on the value of Your Claim and the prospects of success.
10.10. Tell Us if Your Opponent makes a payment into court or any offer to settle the Claim.
10.11. Tell Us when Your Claim has concluded or been settled.
10.12. Give Your Legal Representative any instructions We reasonably require.
10.13. Provide to Us reports on the progress of Your Claim when specifically requested by Us.
10.14. Prior to or at the time this policy commences authorise Your Legal Representative to make immediate payment of the premium or pay the premium from any sums recovered from Your Opponent.
10.15. Agree to the immediate transfer of Your Claim to another Legal Representative of the Lender’s choice in the event that You or Your Legal Representative are in default under the Loan Agreement and / or Your Legal Representative has been removed from the Lenders authorised panel of Legal Representatives.
10.16. Cooperate in any appeal against any order or Judgment of a Court if we so require.
11. You and Your Legal Representative must notify Us in writing of the following events within 14 days of their occurrence:
11.1 Proceedings being issued by or against You in a court or tribunal, and
11.2 Trial date being fixed and estimated length of trial, and
11.3 Your Claim becoming a Successful Claim or an Unsuccessful Claim or howsoever otherwise being determined or concluded, and
11.4 All offers of settlement or payments into court
11.5 The discovery of any facts or evidence which materially affect the prospects of Your Claim and/or alter Your Legal Representatives professional opinion that Your Claim has greater prospects of being a Successful Claim than an Unsuccessful Claim.
12. We will have the right to do the following:
12.1. End Your cover without any liability for Your Authorised Costs or Insured Costs if:
12.1.1. You do not agree with Our view and that of Your Legal Representative on the chances of Your Claim being a Successful Claim.
12.1.2. You do not follow the advice of Your Legal Representative or Us about making or accepting a reasonable offer of settlement or payment into court.
12.1.3. We believe that Your Claim will be an Unsuccessful Claim, but You and Your Legal Representative disagree with Our view (see Disputes).
12.1.4. You change Your Legal Representative without Our prior written consent.
12.1.5. You withdraw from Your Claim without Our approval.
12.1.6. You or Your Legal Representative fails to pay the premium for this policy when Your Claim Ends.
12.2. Get Back from You any Authorised Costs or Insured Costs that We have paid on Your behalf if this insurance policy is cancelled because You have not kept to the provisions and Terms and Conditions of this policy or Your Legal Representative fails to cooperate with Us.
13. All claims on this insurance policy for payment of Authorised Costs and/or Insured Costs must be notified to Us in writing within 90 days of either Your Claim having come to an End or You or Your Legal Representative ought reasonably to have known or considered Your Claim to have come to an End.
14. Where an order or Judgment is made for payment of costs by You to Your Opponent and an order or Judgment is also made for the payment of Damages by Your Opponent to You then such costs awarded against You shall be set off against the Damages awarded in Your favour and the net cost, if any, payable by You to Your Opponent will be indemnified.

START AND END OF COVER
15. The policy, and the cover afforded by it, starts on the Commencement Date as stated on the Schedule of Cover.
16. The policy, and the cover afforded by it, ends on the Expiry Date as stated on the Schedule of Cover. The Expiry date is the day after the day Your Claim Ends. If You or Your Legal Representative have a Loan Agreement to fund Your Authorised Costs then the Expiry date will be the date the loan becomes immediately due for payment or the day after the day Your Claim Ends, whichever is the sooner.

YOUR AGREEMENTS WITH OTHERS
17. We will not be bound by any agreement between You and Your Legal Representative, or You and any other person or Organisation.
18. You may not assign any of the rights under this policy without Our express written permission.

CANCELLATION
19. You may cancel this policy within 14 days of the commencement date and We will refund any premium You have paid to Us. If You wish to cancel this insurance policy at any other time You must seek Our written consent. If You cancel this policy without Our consent We will not be liable to make any payment whatsoever under the terms of this policy and the premium will not be refunded if it has been paid, or will become immediately payable if it has not been paid. You cannot make any claim after cancelling this policy.

FRAUD
20. If You knowingly give Your Legal Representative or Us any false or misleading information We will cancel Your insurance policy from the Commencement Date and recover from You any payments that We have paid on Your behalf.

NOTICES AND GOVERNING LAW
21. Every notice which needs to be given under this policy must be given in writing. If You give Us notice You must send it Our administrative office detailed in the Schedule of Cover. If We give You notice We must send it to Your last known address.
22. This insurance policy will be governed by English Law.

COMPLAINTS, DISPUTES AND THE FSCS
If there is a dispute between You and Us, the matter may be referred to an arbitrator on whom You and We agree. If We cannot agree on an arbitrator, the President of the Law Society will choose one. If We have cancelled the policy and the arbitrator supports You, We will begin cover again from the date it was cancelled. If the arbitrator supports Us, We will not make any payments whatsoever under the terms of this policy, even if they arose before the policy was cancelled. The person against who the arbitrator’s decision goes against must pay all the arbitration costs. If the decision is not clearly made against either You or Us, the arbitrator will decide how You and We will share the costs. If You have a complaint about this policy or the way it was sold to You please write to the Underwriting Manager (Complaints), Elite Insurance Company Limited, Newton Chambers, Newton Business Park, Isaac Newton Way, Grantham, Lincolnshire NG31 9RT. We will make every effort to deal with Your enquiry or complaint to Your satisfaction but if You are not satisfied with the outcome You may refer Your complaint to the Insurance Division of the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London E14 9SR. Further information can be obtained at www.financial-ombudsman.org.uk. Using this service does not affect Your right to take legal action.
We are covered under the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if We cannot meet Our obligations. Further information about the FSCS scheme can be obtained from the Financial Services Compensation Scheme who can be contacted at 7th Floor, Lloyds Chambers, Portsoken Street, London E1 8BN or www.fscs.org.uk. You can contact us in writing at Elite Insurance Company Limited Newton Chambers, Newton Business Park, Isaac Newton Way, Grantham, Lincolnshire NG31 9RT or by email on enquiries@elite-insurance.co.uk. To make a claim on this policy You can download a claim form at www.elite-insurance.co.uk/downloads.