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As the name dictates After the Event Insurance (ATE) was introduced to help cover those who have already incurred an incident or dispute. It is in essence an insurance policy cover that protects the claimant from having to pay any disbursements or costs if the personal injury compensation claim is lost.
Usually as part of the After the Event Insurance terms the solicitor will have to report back to the insurance company providing the cover explaining how the case is progressing. There are basically two kinds of After the Event Insurance hat can be offered:
Under a Conditional Fee Agreement - After the Event Insurance arrangement which is the most popular form of cover a solicitor will agree to represent you on a No Win No Fee basis. With this protection the claimant can rest assure that the legal services and fees will be offered with no fears of them having to face paying for them out of their own money or indeed out of any compensation awarded to them.
As the common name dictates No Win No Fee also ensures the claimant doesn’t have to pay costs if even if the case is lost. Solicitors pay the insurance premium on your behalf and if the case is won they can not only recover their fees and costs from the other side they can also include the policy premium in those costs. If the case is lost then the costs ca be covered by the After the Even Insurance cover. Because of the risks involved for the solicitors under this arrangement they are permitted to make a success fee charge, this of course would be fully recoverable from the other side if the case is successful.
Under a Private agreement the solicitor will agree to work for you on the basis that he will be paid whether the case is won or lost. To cover you under these circumstances an After the Event Insurance policy can be purchased that protects the claimant from the legal costs involved. Of course this fee is recoverable disbursement should your case be won. When deciding what type of After the Event Insurance to have your solicitor has a duty of care to advise you appropriately on what cover is suitable for you.
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