Can Legal Expenses Insurance Cover Defending a Motoring Prosecution?

When you’re facing criminal motoring proceedings, the last thing you want to worry about is funding your legal representation. At Olliers, we strive to make this aspect of your case as straightforward as possible. From the outset, we discuss all available funding options with our clients to ensure the best arrangement for their finances and circumstances. 

Legal Aid vs. Private Payment 

Many clients assume their case will either be legally aided or paid for privately. However, legal aid is often not available for motoring prosecutions, leading many to believe their only option is to pay privately. 

Legal Expenses Insurance Cover for Motoring Prosecutions 

There’s another way to fund criminal proceedings that is often overlooked: Legal Expenses Insurance Cover (LEI), also known as Legal Protection Insurance or Legal Insurance. 

What is Legal Expenses Insurance? 

LEI covers the costs incurred in legal disputes, meaning you don’t have to pay your legal fees yourself. Instead, your insurer (or their underwriters) will cover these costs. LEI is usually sold as an add-on to car or home insurance for a small premium or, in some cases, for free. Certain premium bank accounts and credit cards also offer LEI as a feature. 

How Do I Know If I’m Covered for a Motoring Prosecution? 

Since LEI is sometimes offered at no cost, many people have coverage without realising it. Each policy is different, so it’s best to read the terms and conditions of your policy or contact your provider to determine if you have LEI and if it covers motoring prosecutions. 

Policies may sometimes only cover more serious motoring prosecutions, such as those involving fatalities (e.g., death by dangerous driving). Other policies may include less serious allegations like drink driving or drug driving. 

Benefits of Legal Expenses Insurance 

The primary benefit of LEI is that you won’t have to bear the costs of legal representation yourself. This can be particularly helpful for serious matters that end up in the Crown Court, such as death by dangerous driving, death by careless driving and causing serious injury by dangerous driving. Additionally, if you have a specific solicitor or barrister in mind, your insurer may cover their fees even if you can’t afford them personally. 

Do I Have to Use My Insurer’s Panel Solicitor? 

Many clients believe they must use their insurer’s recommended ‘panel solicitor’ if they utilize their LEI. This is not true. Section 6 of The Insurance Companies (Legal Expenses Insurance) Regulations 1990 makes it clear that you have the freedom to choose your own lawyer. 

Insurers may sometimes try to impose their own panel of lawyers to control the supply and cost of legal advice. However, your insurance panel solicitor may not be a specialist in motoring law and may not handle your case as effectively as a specialist at Olliers. 

If you encounter difficulties with your insurance company insisting on their panel solicitor, contact us. We have extensive experience successfully challenging insurers’ decisions regarding the freedom to choose your own lawyer. 

Important Considerations 

Check your terms and conditions carefully to see if relying on your LEI will impact your no claims bonus or premium. Note that there is a limit to how much cover you will receive under LEI. Some insurers may also limit the rates payable to lawyers, which might be less than the charging rate of the lawyer you wish to instruct. It’s worth discussing this with your legal team, as there may be room for negotiation. Lastly, policies will not cover matters that arose before the insurance was taken out. 

At Olliers Solicitors, our experienced new enquiry team can provide guidance on funding matters. Please contact our specialist motoring lawyers to discuss any queries you may have regarding funding your motoring case. 

Olliers Solicitors – Specialist Motoring Lawyers 

Contact our specialist motoring team by completing the form below, emailing info@olliers.com or telephoning 0161 8341515 (Manchester) or 0202 38836790 (London).