After the Event Insurance
It is likely however that expenses will have been incurred in pursuing the claim which may have to be repaid under the terms of the agreement. These expenses (known as disbursements) may include the cost of obtaining medical records, instructing a medical expert and issuing Court Proceedings.
Such disbursements can be expensive particularly in a complex compensation claim where a significant amount of medical evidence or other expert evidence has been necessary. In addition in certain circumstances you may have to pay the legal costs and disbursements incurred by the Defendant where the personal injury claim has been unsuccessful.
After the Event Insurance (often referred to as ATE Insurance) can often be obtained in order to meet the costs and disbursements which may become payable where a claim for compensation is unsuccessful. This insurance, as the name suggests is taken out after the claim has commenced. The premium charged by the insurance company is normally on a ‘deferred basis’ which means that it will only become payable at the conclusion of the claim itself.
In addition most policies contain a clause which confirms that the premium will not be payable in the event that the claim is unsuccessful. It is effectively No Win No Fee insurance.
After the Event Insurance will not usually be required if your claim is funded by your Trade Union or you have the benefit of Legal Indemnity Insurance (often referred to as Before the Event Insurance) although on occasions ‘top up’ insurance may be required on an ‘After the Event’ basis. This may be necessary where the level of cover provided by the Legal Indemnity Insurer or Trade Union is limited to a certain sum.
At Sintons our personal injury specialists are able to advise you on all issues relating to the funding of your claim and on suitable After the Event Insurance where this is necessary.
Full advice will be provided regarding the need for such insurance and the most appropriate policy in the circumstances. All personal injury claims are pursued on a No Win No Fee basis although it will not always be necessary to obtain After the Event Insurance.
To begin a personal injury compensation claim or obtain further advice with no obligation contact Sintons 24/7.