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Category: FAQ's on After the event insurance

“Why do I need ATE insurance?”

31st March 2016

You need ATE insurance to pay for disbursements and the other side’s costs in the event that your claim fails.

“Don’t I benefit from QOCS protection?”

31st March 2016

You will benefit from QOCS protection providing the third party are prepared to accept that they are responsible for your injury. However, even if they do accept they are responsible, they may not accept that your injuries are as severe as you say they are. If they don’t they will not settle the case and so we will need to go trial to prove your claim. If this happens the judge will need to make a decision and you could lose your case. You may lose the QOCS protection meaning that you will need to pay for the other sides costs.

QOCS protection doesn’t apply if there is dispute over the costs of repairs to your vehicle or credit car hire, so should we need to go to court to recover the costs, should we lose, the ATE policy will cover the costs of the other side.

“What will happen if the other side make an offer and it’s not acceptable?”

31st March 2016

We will do all we can to maximise damages and this may mean that we need to go to court. If we beat their offer then it’s not a problem, but if we don’t you will be liable for the other sides costs up to the amount of their offer, meaning that you could end up with nothing, unless you have ATE insurance that will pay the other sides costs.

“Am I still liable for the ATE premium if my case is lost or if you decide to drop the case at some stage because you don’t think I have a reasonable case?”

31st March 2016

You only pay the premium if your case is successful, but the insurance will still cover all the costs if your case is lost or we decide that your case no longer has reasonable prospects of succeeding.

“My claim is for clinical negligence, so isn’t the premium recoverable from the other side?”

31st March 2016

Only partly. The policy covers your disbursements and the other sides costs, but the only part that’s recoverable from the other side is the element that relates to your disbursements. The part of the premium that that pays for the other sides costs in your case is lost will be deducted from your damages at the conclusion of your case and providing it is successful.