What is After The Event (‘ATE’) Insurance?
ATE insurance is an insurance policy that, in short, protects you against the expenses of bringing a personal injury claim. When we accept your claim under a No Win, No Fee agreement we will promise that we won’t charge you for the expenses needed to run your claim or any costs incurred by the Defendant if your claim is unsuccessful. This means that we can spend, in some cases, thousands of pounds running your personal injury claim and if your claim was to be unsuccessful we would be left with expenses we have incurred on your behalf. To prevent that from happening we obtain an ATE insurance policy which will pay to us the expenses we have incurred in running your case.
What does ATE insurance cover?
When you bring a claim you will almost certainly need to incur disbursements, which are most commonly costs incurred in, for example, obtaining copies of your medical records from your GP and costs incurred in instructing a medical expert to examine you or comment on your injuries. Throughout the life of the claim, and in some circumstances if you take your claim to court, your Defendant could be awarded costs in defending the claim or part of the claim. Because personal injury claims are personal to you, you would ordinarily be liable to pay those costs. Fortunately, because we obtain an ATE insurance policy for you, we recover those costs from the ATE insurance provider.
Do I have to pay for ATE insurance cover?
When you bring a claim with Express Solicitors under a No Win, No Fee agreement, we agree we will not charge you for anything if your claim is unsuccessful, which includes the ATE insurance premium. Unfortunately, since 1 April 2013, where your personal injury claim is covered by ATE insurance, you are no longer able to recover the ATE insurance premium from the Defendant if your personal injury claim is successful. This means that you will be liable to pay the premium for your ATE insurance cover, however to make this a bit easier we make sure to remove the cost of your premium from your compensation before it gets sent to you. When you are reaching the end of your personal injury claim and we start to discuss how much you may possibly be awarded, we will always ensure that we include the cost of the ATE premium so you know exactly how much you could be receiving.