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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