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After The Event Insurance – A Complete Guide

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The Legal Helpline Team

Our team is made up of experienced lawyers, writers, editors and journalists specialising in the legal sector

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Making a claim for a personal data breach, medical negligence or personal injury can be very costly. While a No Win No Fee agreement will protect you from solicitor fees, there may well be other costs that add up during the claims process. That’s why we have written this guide to After The Event insurance.

We explain how such insurance policies can protect you from the costs of making a claim. We have also provided information on how you pay for such a policy. At the end of this guide, we look at how our panel of expert solicitors could help you claim.

You can learn more about the claims process by reading our FAQ page. For a free eligibility assessment or further guidance, talk to our team today using the contact information provided here:

  • Call an advisor on 0333 000 0729.
  • You can also contact us online by completing our callback form.
  • Open the live chat window on your screen now. 

A person completing legal expenses insurance documents as part of their claim

Browse Our Guide

  1. What Is After The Event Insurance?
  2. How To Get ATE Insurance
  3. Insurance Premiums – How Much Will I Have To Pay?
  4. Will I Need ATE Insurance If I’m Making A No Win No Fee Claim?
  5. How Legal Helpline’s Panel Of Solicitors Can Help
  6. More Information

What Is After The Event Insurance?

After the Event insurance (ATE) is a policy that covers legal costs in litigation. It can be used in any type of claim and is usually purchased by solicitors on their client’s behalf. ATE typically covers the costs when a claim is lost at trial or abandoned for the costs which have been incurred and not recovered. It can also cover expenses not recovered from the other side in successful claims.

The insurance policy is usually put in place once a dispute has arisen and at the start of a case. The aim of the policy is to cover the costs of taking legal action and insulating claimants from large bills during a legal dispute.

How To Get ATE Insurance

ATE can be purchased any time after the incident has occurred, but usually before any significant costs have accrued. Most policies are purchased once a solicitor has been instructed. When selecting a solicitor, you can ask them about ATE cover, and they will decide which policy and cover amount best suit your needs.

Getting the policy early means you are protected from spiralling costs and the risk of being charged higher premiums due to costs already being incurred.

How Soon After An Accident Can I Get Insurance?

As we said above, you get ATE at any time. There are clear benefits to doing this as soon as possible.

The later a claim is insured, the more costs may have piled up, and the object of the policy is to protect a claimant from these costs if they cannot recover them. Furthermore, the later in the claims process, the more rigorous the ATE vetting process will be.

What this means is the ATE premium will be much higher than it otherwise would have been, as convincing the insurer the claim is likely to succeed after all these costs have already been incurred can mean a higher premium will be charged. 

Insurance Premiums – How Much Will I Have To Pay?

This depends greatly on the claim itself. In straightforward cases like road traffic collisions where the overall value is low, cover can be a few hundred pounds or less. In more complex cases like industrial accidents or medical negligence claims, the premium can be much higher.

Your solicitor will examine the particular circumstances of your case and find quotes for the best policy to suit your needs. There are a few different pricing models which we have set out here:

  • Staged ATE premium: this is where the cost increases as the claim proceeds. So, typically, the policy fee will be lower the sooner a case settles. If a case proceeds to trial, then the maximum policy cost will likely apply.
  • Fixed ATE Premium: A fixed amount for the policy regardless of when it ends. This is much more desirable in lengthy claims as you could end up paying more than you need to in simple cases that settle quickly.
  • Percentage of Damages: your premium is paid as a percentage of the damages awarded. 

When Do I Pay?

  • Full amount up front: this could potentially save you money as you won’t encounter any ongoing costs even if your claim takes a long time. This fee, however, is not recoverable if the claim fails.
  • Deposit options: You could pay a deposit at the start of the policy, usually around 10-20% and then pay the rest only if your claim is successful.
  • Full deferral: Paying only if the claim is a success.

As we said above, your solicitor will discuss options and find the best quote for your particular needs. To find out if you are eligible to work with a solicitor from our expert panel, get in touch today.

Will I Need ATE Insurance If I’m Making A No Win No Fee Claim?

Even with a No Win No Fee agreement in place, the claimant can still be liable for the solicitor’s disbursements, even though they are protected from solicitor’s fees. A disbursement is an expense incurred along the way to the end of your case; examples are court fees and medical expert fees. By using After The Event insurance, the policy will cover these costs.

Other disbursements could include accident reconstruction fees, expert opinion fees and costs for obtaining medical records or scans. Your ATE policy should cover all of these expenses should they not be recovered in a successful claim.

The type of No Win No Fee contract that you can be offered by the expert solicitors on our panel is called a Conditional Fee Agreement (CFA). This contract offers claimants substantial benefits, including:

  • No fees to pay for the solicitor to begin work on the claim.
  • There are also no solicitor’s fees during the claims process itself.
  • Lastly, if the claim fails, you will not incur any fees for the solicitor’s work. 

A successful claim will see you awarded compensation. A percentage of this compensation will be deducted as the solicitor’s success fee. The Conditional Fee Agreements Order 2013 caps these fees at 25%, so most of whatever is paid out will be yours to keep.

Your CFA contract will protect you from solicitors fees during the claim, and if it fails, your insurance policy will cover the other costs of making a claim. What this means is the advantages are placed firmly with the claimant since you only pay if the claim succeeds and you have recovered compensation. 

You can get a free eligibility check by talking to our advisors. Our team can also answer any questions you may have. Get in touch with us today using the details given below. 

How Legal Helpline’s Panel Of Solicitors Can Help

Legal Helpline’s panel of expert solicitors can support you throughout the claims process. We have set out some of the ways our panel can help you and the tasks they can perform for you here:

  • Determining a potential compensation figure.
  • Advising you on the best After The Event Insurance policy for your particular needs.
  • Helping you gather supporting evidence.
  • Keeping you informed of all developments during the claims process.
  • Negotiating with the defendant’s representatives on your behalf.
  • Ensuring your claim is brought within the relevant time limit and that all court instructions are complied with.

To find out more about After the Event insurance or to learn more about making a claim, talk to our advisory team today using the contact information given here:

  • Call an advisor on 0333 000 0729.
  • You can also contact us online by completing our callback form.
  • Open the live chat window on your screen now. 

Solicitors at a desk with a set of justice scales and a gavel examining After The Event insurance policies for their client

More Information

You can read some of our other No Win No Fee claims guides here:

  • See our handy legal glossary for definitions of legal terms you may encounter during a claim.
  • Find out how you could make an accident at work claim with our panel of highly experienced solicitors.
  • Check the eligibility criteria to make a medical negligence claim here.

We have also included a few external resources that you may find useful:

  • You can learn more about ATE insurance by reading the claims management activity guidance from the Solicitor’s Regulation Authority.
  • If your injuries require you to take time off work, you may be entitled to Statutory Sick Pay (SSP). You can check the eligibility requirements on the Government website.
  • Read this guidance from the NHS on when to administer first aid following an incident.

Thank you for taking the time to read our guide on After The Event insurance. For more information or free eligibility assessment, talk to our team today using the contact information given below.