[HermitLlama]

I’ve searched for days on the internet and can’t find an answer.

Had several contradicting and unsure answers from both Motability and Direct Line DLM.

Does the insurance cover legal expenses for defending the driver against charges of a road traffic offence where the incident didn’t involve an accident? Some advisors I spoke to weren’t sure, some said only if there’s an accident claim.

The info in policy booklet is confusing. It states:

Section 4 – Uninsured Loss
Recovery & Legal Expenses
As part of the DLM Policy, DLM will cover you
for your Costs if you need to take legal action
or defend yourself in Court. This cover will,
however, only be provided to you if the claim
has a reasonable chance of succeeding for
the duration of the claim.
Claims under this Section 4 of the DLM Policy

For motoring offence claims
When DLM and the appointed representative
agree that there’s a higher than 50% chance
that you can achieve any of the following:
> Reduce your sentence or fine
> Make a successful appeal
> Make a successful defence of an appeal
will be managed by a Legal claims service
provider.

Thanks for any help

Topic

[Ian]

I’ve searched for days on the internet and can’t find an answer.

Had several contradicting and unsure answers from both Motability and Direct Line DLM.

Does the insurance cover legal expenses for defending the driver against charges of a road traffic offence where the incident didn’t involve an accident? Some advisors I spoke to weren’t sure, some said only if there’s an accident claim.

The info in policy booklet is confusing. It states:

Section 4 – Uninsured Loss
Recovery & Legal Expenses
As part of the DLM Policy, DLM will cover you
for your Costs if you need to take legal action
or defend yourself in Court. This cover will,
however, only be provided to you if the claim
has a reasonable chance of succeeding for
the duration of the claim.
Claims under this Section 4 of the DLM Policy

For motoring offence claims
When DLM and the appointed representative
agree that there’s a higher than 50% chance
that you can achieve any of the following:
> Reduce your sentence or fine
> Make a successful appeal
> Make a successful defence of an appeal
will be managed by a Legal claims service
provider.

Thanks for any help

@HermitLlama

 

No you can buy a separate legal expenses cover yourself independently, its around £20 per year or check you don’t already have it with your home insurance cover

[HermitLlama]

Thanks, I only just saw your reply.

I’m guessing you can’t buy cover for retrospective expenses though…

[kezo]

HermitLlama wrote:

For motoring offence claims When DLM and the appointed representative agree that there’s a higher than 50% chance

I would say DLM cover offence’s if there’s 50+% chance of winning. The wording sounds very similar to my LV private car insurance.

Have you spoken to the legal team or just the insurance advisors?

[HermitLlama]

Hi, yes I have since I posted here.

It only covers offences if the insured vehicle was in an accident and/or a third party claim.

So allegations of careless driving – if you don’t have separate legal expenses cover through another policy, and you can’t afford legal fees, it’s tough….

[Glos Guy]

HermitLlama wrote:

So allegations of careless driving – if you don’t have separate legal expenses cover through another policy, and you can’t afford legal fees, it’s tough….

Obviously I don’t know the details of the allegation against you, but it can be very difficult to disprove motoring charges. In addition to the costs of any legal representation, if found guilty you will also incur substantial court costs that you would have avoided by pleading guilty (approx £85 if plead guilty, over £700 if you fight it and lose).

The maximum penalty for this offence is a fine and you will also incur points ranging between  3 points and disqualification, depending on factors such as whether anyone was injured. Here are the guidelines that the Magistrates will use in determining how to deal with the offence:

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/careless-driving-drive-without-due-care-and-attention-revised-2017/

• This reply was modified 2 years, 4 months ago by Glos Guy.

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