Please note: This is a guide to your cover under the legal expenses section. The total cover limit applies to all insured persons combined if there are two or more people named on the policy schedule. All cover is subject to the policy terms, conditions, exclusions, and any applicable excess. Full details can be found in the policy wording.
Q: What does the Legal Expenses section cover, and when can I use it?
A: This section provides financial protection to help you cover legal costs if you need to pursue a civil lawsuit for financial compensation against a third party who causes you personal injury, illness, or death due to an accident while you are traveling.
1. Core Conditions for Coverage
To qualify for legal assistance, your case must meet two strict criteria:
Prospects of Success: It must be "more likely than not" (greater than a 50% chance) that your claim or any subsequent appeal will be completely successful.
Enforceable Judgment: If you are seeking financial damages, it must be more likely than not that any judgment obtained against the negligent party can actually be legally enforced and collected.
Cost-to-Benefit Balance: We cannot cover any legal case where the estimated legal fees and expenses are expected to be higher than the actual amount of compensation you are likely to receive.
Prior Approval: We do not cover any legal costs or expenses incurred before we have officially accepted your case in writing.
What Happens If a Case is Deemed Unlikely to Succeed?
If our team determines that your claim is unlikely to succeed or that a judgment is unenforceable, either you or we can request a second opinion from an independent lawyer. Please note that the costs to get this independent advice are not covered by your policy. If that independent lawyer agrees that the case lacks a high chance of success, no claim can be made under this section.
2. Managing Your Case and Choosing a Lawyer
Case Control: We maintain complete control over the management of the legal case and reserve the right to appoint expert legal agents of our choice to represent you. You must follow their professional advice and provide any requested information promptly.
Choosing Your Own Lawyer: You have the regulatory right to choose your own specific lawyer only under special circumstances—such as the exact moment formal court proceedings must be launched, or if a direct conflict of interest or a major settlement dispute arises.
Settlement Offers: If the negligent third party makes any financial offer to settle your case out of court, you must inform us immediately. You are strictly prohibited from accepting any settlement offers without our explicit written permission.
Recovering Costs: We reserve the right to launch legal proceedings in your name, at our own expense, to recover any legal costs we have paid out under this policy from the responsible third party. Any recovered cost compensation belongs entirely to us.
3. What is Strictly Not Covered?
We will refuse to cover any legal costs or expenses arising from:
Any claim brought against us (the insurer), our appointed agents, a person you were actively traveling with, a close relative, or another individual insured under your same policy.
Legal actions brought in more than one country simultaneously for the same incident.
Separate, standalone costs for launching a legal appeal.
Travel, accommodation, or everyday incidental costs you incur while trying to pursue your compensation claim.
Claims made by you in a professional, commercial, or business capacity (cover applies strictly to your private capacity as a holidaymaker).
Cases where the lawyer's fees are variable or structured on a conditional basis depending entirely on the outcome of the claim (e.g., standard "no win, no fee" variables).
Checklist of Required Claims Evidence
If you need to open a legal assistance claim through your online Customer Zone, you must provide the following documentation where relevant to your case:
Your official Tour Operator’s booking invoice or alternative proof of your trip dates.
Comprehensive documentation, evidence, and witness details to support your injury claim, including clear photographic evidence of the accident scene or injuries.
Full details of any secondary travel insurance, private medical plans, or corporate coverages under which you could also legally claim.
Other documents as requested by the claims handlers.
