Page 1 of 2
Motorcycle Insurance "Legal Expenses Cover"
Posted: Sun Mar 14, 2021 9:59 am
by Our Gee
With my annual Bike Insurance not too far away I am looking at various Comparison sites and what individual Insurers offer. Some include what is termed Legal Expenses Cover as standard whilst others offer this as an "add on" for an extra premium. Looking at individual Insurers small print they make it a requirement that any Claim for Legal Expenses will depend on me accepting representation by their own appointed panel of Solicitors. Whilst this may be quite acceptable I would rather engage representation by a well known UK Specialist Motorcycle Dedicated Firm.
My question is has anyone had any experience of this situation.
Thanks.
Re: Motorcycle Insurance "Legal Expenses Cover"
Posted: Sun Mar 14, 2021 10:26 am
by Casbar
I've had experience of a car claim for my wife, who was hit from behind whilst stationary and had to be extracted by the Fire Brigade some years ago. Basically if you do not use the appointed legal team from the Insurer, you are on your own and they will not cover any costs. You have to engage your own representative and pay for it, they will claim their costs from the third party Read a few things that recommended not paying for legal cover. But if it is free, then you can make your own choice. My wife personal injury claim took something like 5 years to settle and was only settled a couple of days before we were due in court.
Saying all that, that was years ago, so things might have changed.
Re: Motorcycle Insurance "Legal Expenses Cover"
Posted: Sun Mar 14, 2021 2:48 pm
by exportman
Hi
My wife had a claim a couple of years back used the " legal cover " solicitors. it was abysmal, I'm not sure they had a qualified legal person actually working form them we had 7 different paralegals over a 12 month period before we pulled the plug and got an independent. I guess all are not like that but I also expect there are a large proportion who are.
Re: Motorcycle Insurance "Legal Expenses Cover"
Posted: Sun Mar 14, 2021 4:59 pm
by Marcosalopo
I had an accident in France in 2005. Legal cover did not include Europe! Started with a UK based motorcycle claim specialist. They were very helpful however We had to use a French solicitor, who was arranged by UK solicitor, I was never billed by UK company, however French system takes 20% of your claim and was bureaucratic as expected.
All worked out well in the end.
I would always use a UK specialist rather than insurance company. Hopefully won't have to!
Re: Motorcycle Insurance "Legal Expenses Cover"
Posted: Mon Mar 15, 2021 9:00 am
by PeteM
Quite a few years ago I was a motor insurance claims handler and can tell you from first hand experience that the majority of these legal cover firms are mostly made up of inexperienced clerks with one or two really solicitors giving the firm its name and status. I've also seen instances where they have given poor advice such as suggesting taking a replacement vehicle when one is not justified which can lead to the person concerned becoming liable for the hire cost; they of course get a kick back from the hire company which is why the suggest it.
I would never both with the legal cover as simple claims most people can deal with themselves and more complex cases you need someone better than a claims monkey.
Re: Motorcycle Insurance "Legal Expenses Cover"
Posted: Mon Mar 15, 2021 3:04 pm
by Our Gee
Many thanks for your replies folks. The main point of my original post was to highlight the practice / requirement that by accepting the Insurer's terms you are agreeing to your Legal Cover being provided by a Panel nominated by the Insurer and that I would have preferred to nominate my own Specialist Firm such as White Dalton. There is legislation provided under European Law (Article 4 of Council Directive 87/344) which in simple terms (I know, it's never simple in legal jargon) says that The Insured is free to engage Legal Representation of his own choice. Whether or not that has been enshrined in UK Law after Brexit is of course another matter. It would be interesting to hear if anyone has "tested" this scenario ie, where an Insurance Company has refused to fund proceedings involving a Solicitor of the Insured's own choice.
Re: Motorcycle Insurance "Legal Expenses Cover"
Posted: Mon Mar 15, 2021 3:33 pm
by Casbar
Thought that is what I said. I know it was a car, but we had legal which we paid extra for. We went with our own representatives in the end, they can't force you to use theirs. Its an extra (quite often included in price),but it is your choice. But if you do choose your own, you pay for it yourself, the insurance company won't. The legal bit, was dealt separately to the pay out for damage, which was dealt with quickly. The other option is to phone White Dalton and ask them
I never pay for legal anymore, but sometimes it is included as part of the policy for free.
Re: Motorcycle Insurance "Legal Expenses Cover"
Posted: Mon Mar 15, 2021 5:49 pm
by David.
From what I can see of my Six Wheel Policy with Carole Nash, "Legal Expenses Cover" is included at a cost of £1.19.
It would appear that I can appoint my own legal representative but CN have to agree with my choice. CN have the right to appoint a legal representative for me.
Locally in the NE, I've heard of folks using Winns Solicitors based in Newcastle for motorcycle accident claims.
Re: Motorcycle Insurance "Legal Expenses Cover"
Posted: Mon Mar 15, 2021 6:31 pm
by Casbar
This is an interesting thread. I still can't believe that any Insurance company can force you to use their appointed legal representatives. Legal cover is an insurance policy in its own right. I get the bit about CN have to approve if they are paying for the advice etc. But if you as an individual decide to use someone else and you pay for it, then i don't see how they can stop you. We are not talking about getting pay out for accident damage, but normally it is personal injury claims that you need the legal cover for. But if this is the case that they can force you to use their appointed people, then it would stop me buying insurance from any company that included legal for free. I don't buy legal anymore and my current insurer sells legal as an extra, so I would be ok. But it would be good to find out where we stand.
Re: Motorcycle Insurance "Legal Expenses Cover"
Posted: Mon Mar 15, 2021 7:27 pm
by David.
Presumably, a personal injury claim or claim for uninsured losses is a result of a non-fault accident. Once the vehicle damage repairs have been completed at no cost to yourself, any other claim can then be pursed. It's been proved as non-fault, therefore, is it a safe bet to engage a "no win, no fee" motorcycle specialist claims company/solicitor.
Fortunately, my limited experience was after two minor non-fault car accidents. I didn't feel the need to make a PI claim. On one occasion, I received a surprise phone call offering me a very small sum of money for whiplash. I had a stiff neck for a few days. Secondly, I was approached by my insurer's representatives to make a PI claim. The result was a reasonable pay out for a back injury which wasn't permanent but lasted some time.
In both these two examples, whoever made the claim on my behalf must have made something out of it for themselves, otherwise, why would they have bothered.
Re: Motorcycle Insurance "Legal Expenses Cover"
Posted: Tue Mar 16, 2021 10:30 am
by Gogs11uk
Motorcycle Law Scotland have started a series of Webinar programmes available on YouTube. During the first one, which I saw last nigh,t there was mention of the Legal cover addition. It is really worth a listen as it highlights it as a total waste of money. You are tied into losing about 25% of any damages claims as they use a 3rd party to do the claims.
Re: Motorcycle Insurance "Legal Expenses Cover"
Posted: Tue Mar 16, 2021 11:49 am
by David.
On the flip side of non-fault accidents, who's going to foot the bill if you are at fault.
What happens if you need legal defence for criminal proceedings brought against you relating to an insured vehicle.
Re: Motorcycle Insurance "Legal Expenses Cover"
Posted: Tue Mar 16, 2021 2:24 pm
by PeteM
David. wrote:
On the flip side of non-fault accidents, who's going to foot the bill if you are at fault.
What happens if you need legal defence for criminal proceedings brought against you relating to an insured vehicle.
I could be wrong but I believe those policies don't cover you for criminal defence costs
Re: Motorcycle Insurance "Legal Expenses Cover"
Posted: Tue Mar 16, 2021 2:55 pm
by David.
The words were taken from a paragraph in the CN Six Wheel Policy Handbook.
"We will pay the costs of defending your rights (including making an appeal against your conviction or sentence) after any event which results in criminal proceedings being brought against you for an offence relating to you owning or using the insured vehicle".
Re: Motorcycle Insurance "Legal Expenses Cover"
Posted: Tue Mar 16, 2021 4:32 pm
by simbo
David. wrote:
The words were taken from a paragraph in the CN Six Wheel Policy Handbook.
"We will pay the costs of defending your rights (including making an appeal against your conviction or sentence) after any event which results in criminal proceedings being brought against you for an offence relating to you owning or using the insured vehicle".
So why did you ask the question? if you already knew the answer!