Section K - Legal Assistance Service Option
This section only applies if you
have agreed to pay any additional premium and the
schedule states that this section is in force.
Definitions
For the purposes of this section only the following definitions apply (and where
applicable replace any definitions shown elsewhere in this
policy document):
|
Costs |
Standard professional fees and costs
reasonably and necessarily charged by the lawyer.
It also covers your opponent's
costs which
are ordered to pay by a court and other costs we
agree, in writing, to pay. |
|
Lawyer |
The solicitor, barrister or expert that we
appoint under this section to represent you
according to our standard terms of appointment. |
|
Uninsured losses |
Losses that you cannot
recover from any insurance policy. |
We will pay:
The costs for recovering
uninsured losses which arise
directly from an event insured on Sections A to J of
your
policy within the
territorial limits and during the
period of insurance for which
your
car is insured with
us which causes:
We or the
lawyer will seek to settle the
claim without going to court. However at any time we
can carry out the claim in your name.
We reserve the right to settle
a claim by paying the full amount in dispute.
The most We will pay:
The most we will pay will be
£50,000 for any claim or claims arising from any one incident. This total includes all
your
costs and all
your opponent's
costs.
We will not pay:
- charges or payments you
receive or make before we accept
the claim;
- costs
you incur or payments
you make without
our agreement;
- costs due to an agreement or
contract between you and anyone
else (including the lawyer) without
our permission;
- claim for an accident which is not covered under your
policy;
- costs if You withdraw
instructions from the lawyer,
dismiss the lawyer or withdraw
from legal proceedings without our permission;
- costs if
you follow up the claim other than
in accordance with our advice or that
of our
lawyer;
- costs involved in disputes between
you and
us or
our agents or in connection with
this policy;
- costs that can be recovered from
any other source or insurance policy;
- costs for any legal proceedings or
claim outside England, Scotland or Wales unless
we agree otherwise
in writing;
- costs if, in
our reasonable opinion,
you are not likely either to be
successful in your claim for damages or
the person(s) from whom you are claiming
are unlikely to be able to pay the damages;
- further costs if during a claim
you do not accept a reasonable offer to
settle or if it is no longer likely that you
will be successful with your claim;
- claims:
- brought about by you
deliberately doing or not doing something;
- if you make a false
declaration that affects the handling of this claim;
- if you made a false
declaration when you incepted the policy or made any subsequent amendment to the policy;
- if at the time of the event this policy
section was not in force;
- if at the time of the accident, your
car is being driven or used for a
purpose that is not allowed by this policy;
- if you are responsible for unreasonable delay which affects the claim.
- claims due to faults in your
car whether or not this is due to
a faulty or incomplete service or repair;
- claims arising from any computer program, microchip integrated circuit or similar
device failing to function correctly;
- legal costs, fines,
compensation and penalties that you
are ordered to pay by a court or other authority.
You must:
- tell us about
your claim as soon as possible;
- give us and
our
lawyer all information required
to handle your claim, at
your expense;
- fully co-operate with the lawyer
and us;
- not do anything which might damage your claim;
- tell us about any developments
affecting your claim;
- tell us if anyone makes a payment
into court or offers to settle your
claim;
- seek to get back any costs that
we have to make, and pay them to
us.
If you do not keep to these
conditions we may cancel this
section, refuse any claim or withdraw from any current claim.
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