Section 5A – Legal Expenses and Assistance can help with eligible legal costs if you need to pursue a civil action for compensation against someone else following injury due to an accident, illness or death.
Cover is available up to the limit shown in your Table of Benefits.
If two or more insured people make claims under this section, the maximum amount payable for all of those claims combined cannot exceed the applicable Legal Expenses benefit limit.
Cover is only available where your claim is considered more likely than not to be successful.
If you are seeking damages or compensation, it must also be more likely than not that any judgment obtained can be enforced.
There is no cover where the expected legal costs and expenses are likely to be greater than the anticipated amount of compensation.
Legal costs and expenses incurred before the case has been accepted in writing are not covered.
You should therefore contact the claims team before instructing a lawyer or incurring legal expenses that you expect the policy to pay.
If CoverForYou considers that your claim is unlikely to succeed, or that any judgment is unlikely to be enforceable, either you or the insurer can request a second opinion from an independent lawyer.
If you independently obtain legal advice, the cost of that advice is not covered by the policy.
If the independent lawyer agrees that the claim is unlikely to succeed or that a judgment would be unenforceable, you cannot make a claim under this section.
In most cases, the insurer has control of the legal case and can appoint an agent with the appropriate expertise to act on your behalf.
You have the right to choose the lawyer acting for you:
Where court proceedings need to be started to pursue your claim.
If a conflict of interest arises.
If there is a dispute over settlement.
You must:
Follow the appointed agent's advice.
Provide information and assistance within a reasonable timescale.
Tell the insurer about any settlement offer made by the other party.
Not accept a settlement offer without permission.
The insurer may also seek to recover its legal costs from a third party in your name. You must provide any assistance reasonably required with that recovery.
The policy does not cover:
Legal costs or expenses for claims against the insurer or its appointed agents.
Claims against someone you were travelling with.
Claims against a person related to you.
Claims against another insured person.
Legal costs incurred before the case is accepted in writing.
Cases where the legal costs are likely to exceed the anticipated compensation.
Legal costs or fees that vary depending on the outcome of the claim.
Legal costs where an action is brought in more than one country.
Travel, accommodation or incidental expenses incurred while pursuing the civil action.
The costs of an appeal.
Claims made other than in your private capacity.
Anything excluded under the general exclusions applying to the policy.
For a Legal Expenses claim, you may be asked to provide:
Your tour operator's booking invoice or other evidence of your trip.
Documents and other evidence supporting your claim, including photographs where relevant.
Details of any other travel insurance or other insurance under which you may also be able to claim.
Important: All cover is subject to the policy terms, conditions, exclusions, cover limits and any applicable excess.
