travel legal expenses; up to £25,000
Travel Legal Expenses (applicable to policies bought on or after 19 November 2018 - for policies taken out before this date, refer to your original policy confirmation email attachments)
DAS Legal Expenses Insurance Company Limited (‘DAS’) is the underwriter and provides the legal
protection insurance under your policy. The legal advice service is provided by DAS Law Limited and/or
apreferred law firm on behalf of DAS.
DAS agrees to provide the insurance described in this Section, in return for payment of the premium and subject to the terms, conditions, exclusions and limitations set out in this Section, provided that:
1. reasonable prospects exist for the duration of the claim
2. the date of occurrence of the insured incident is during the period of insurance
3. any legal proceedings will be dealt with by a court, or other body which DAS agree to, within the countries covered and
4. the insured incident happens within the countries covered.
What DAS will pay
DASwill pay an appointed representative, on your behalf, costs and expenses incurred following an insured incident, provided that:
(a) the most DAS will pay for all claims resulting from one or more event arising at the same time or from the same originating cause is £25,000
(b) the most DAS will pay in costs and expenses is no more than the amount DAS would have paid to a preferred law firm. The amount DAS will pay a law firm (where acting as an appointed representative) is currently £100 per hour. This amount may vary from time to time
(c) in respect of an appeal or the defence of an appeal, you must tell DAS within the time limits allowed that the youwant to appeal. Before DAS pay the costs and expenses for appeals, DAS must agree that reasonable prospects exist
(d) for an enforcement of judgment to recover money and interest due to you after a successful claim under this section, DAS must agree that reasonable prospects exist, and
(e) where an award of damages is the only legal remedy to a dispute and the cost of pursuing legal action is likely to be more than any award of damages, the most DAS will pay in costs and expenses is the value of the likely award.
What DAS will not pay
In the event of a claim, if you decide not to use the services of a preferred law firm, you will be responsible for any costs that fall outside the DAS Standard Terms of Appointment and these will not be paid by DAS.
Definitions applicable to this Section
The following words have these meanings wherever they appear in this section in bold:
The preferred law firm, law firm or other suitably qualified person DAS will appoint to act on your behalf.
costs and expenses
(a)All reasonable and necessary costs chargeable by the appointed representative and agreed by DAS in accordance with the DAS Standard Terms of Appointment.
(b)The costs incurred by opponents in civil cases if you have been ordered to pay them, or if you pay them with DAS’ agreement.
As per the geographical area on your policy schedule
DAS Standard Terms of Appointment
The terms and conditions (including the amount DAS will pay to an appointed representative) that apply to the relevant type of claim, which could include a conditional fee agreement (no win, no fee). Where a law
firm is acting as an appointed representative the amount is currently £100 per hour. This amount may vary from time to time.
DAS Legal Expenses Insurance Company Limited.
date of occurrence
The date of the event that leads to a claim. If there is more than one event arising at different times from the same originating cause, the date of occurrence is the date of the first of these events. (This is the date the event happened, which may be before the date you first became aware of it.)
preferred law firm
A law firm or barristers’ chambers DAS choose to provide legal services. These legal specialists are chosen as they have the proven expertise to deal with your claim and must comply with DAS’ agreed service standard levels, which DAS audit regularly. They are appointed according to the DAS Standard Terms of Appointment.
For civil cases, the prospects that you will recover losses or damages (or obtain any other legal remedy that DAS have agreed to, including an enforcement of judgment), makes a successful defence or make a successful appeal or defence of an appeal, must be at least 51%. DAS, or a preferred law firm on DAS’ behalf, will assess whether there are reasonable prospects.
Each insured person named on the insurance schedule.
What is covered:
Costs and expenses to pursue your legal rights following a specific or sudden accident that causes death or bodily injury to you.
What is not covered:
Any claim relating to the following:
(a) any illness or bodily injury that happens gradually
(b) psychological injury or mental illness unless the condition follows a specific or sudden accident that has caused physical bodily injury to you.
(c) defending your legal rights, but DAS will cover defending a counter- claim.
(d) any claim relating to clinical negligence.
Section exclusions (also see General Exclusions)
DAS will not pay for the following:
1. A claim where you have failed to notify DAS of the insured incident within a reasonable time of it happening and where this failure adversely affects the reasonable prospects of a claim or DAS consider their position has been prejudiced.
2. An incident or matter arising before the start of this cover.
3. Costs and expenses incurred before DAS’ written acceptance of a claim.
4. Fines, penalties, compensation or damages that a court or other authority orders you to pay.
5. Any legal action you take that DASor the appointed representative have not agreed to, or where you do anything that hinders DAS or the appointed representative.
6. A dispute with DAS not otherwise dealt with under section condition 7.
7. Costs and expenses arising from or relating to judicial review, coroner’s inquest or fatal accident inquiry.
8. Any costs and expenses that are incurred where the appointed representative handles the claim under a contingency fee arrangement.(other than a conditional fee agreement (no win, no fee) which could apply under the DAS Standard Terms of Appointment)
9. Any claim where you are not represented by a law firm or barrister.
1. (a) On receiving a claim, if legal representation is necessary, DAS will appoint a preferred law firm as the your appointed representative to deal with your claim. They will try to settle your claim by negotiation without having to go to court.
(b) If the appointed preferred law firm cannot negotiate settlement of your claim and it is necessary to go to court and legal proceedings are issued or there is a conflict of interest, then you may choose a law firm to act as the appointed representative.
(c) If you choose a law firm as yourappointed representative who is not a preferred law firm, DAS will give your choice of law firm the opportunity to act on the same terms as a preferred law firm. However if they refuse to act on this basis, the most DAS will pay is the amount DAS would have paid if they had agreed to the DAS Standard Terms of Appointment.
The amount DAS will pay a law firm (where acting as the appointed representative) is currently £100 per hour. This amount may vary from time to time.
(d) The appointed representative must co-operate with DAS at all times and must keep DAS up to date with the progress of the claim.
2. (a) You must co-operate fully with DAS and the appointed representative.
(b) You must give the appointed representative any instructions that DAS ask you to.
3. (a) You must tell DAS if anyone offers to settle a claim. You must not negotiate or agree to a settlement without DAS written consent.
(b)If you do not accept a reasonable offer to settle a claim, DAS may refuse to pay further costs and expenses.
(c) DAS may decide to pay you the reasonable value of your claim, instead of starting or continuing legal action. In these circumstances you must allow DAS to take over and pursue or settle any claim on your behalf. You must also allow DAS to pursue at their own expense and for their own benefit, any claim for compensation against any other person and you must give DAS all the information and help DAS need to do so.
4. (a) You must instruct the appointed representative to have costs and expenses taxed, assessed or audited if DAS ask for this.
(b)You must take every step to recover costs and expenses and court attendance that DAS have to pay and must pay DAS any amounts that are recovered.
5. If the appointed representative refuses to continue acting for you with good reason, or if you dismiss the appointed representative without good reason, the cover DAS provide will end immediately, unless DAS agree to appoint another appointed representative.
6. If you settle or withdraw a claim without DAS’ agreement, or does not give suitable instructions to the appointed representative, DAScan withdraw cover and will be entitled to reclaim from you any costs and expensesDAS has paid.
7. If there is a disagreement between you and DAS about the handling of a claim and it is not resolved through DAS’ internal complaints procedure you can contact the Financial Ombudsman Service for help. This is a free arbitration service for eligible consumers, small businesses, charities and trusts. (Details available from www.financial-ombudsman.org.uk) If your dispute is not covered by the Financial Ombudsman Service there is a separate arbitration process available. The arbitrator will be a barrister, solicitor or other suitably qualified person chosen jointly by you and DAS. If there is a disagreement over the choice of arbitrator, DAS will ask the Chartered Institute of Arbitrators to decide. The arbitrator will decide who will pay the costs of the arbitration. For example, costs may be split between you and DAS or may be paid by either you or DAS.
8. DAS may require you to get, at you rexpense, an opinion from an expert that DAS considers appropriate on the merits of the claim or proceedings, or on a legal principle. The expert must be approved in advance by DAS and the cost agreed in writing between you and DAS. Subject to this, DAS will pay the cost of getting the opinion if the expert’s opinion indicates that it is more likely than not that you will recover damages (or obtain any other legal remedy that DAS have agreed to) or makes a successful defence.
9. You must:
(a) keep to the terms and conditions of this section
(b) take reasonable steps to avoid and prevent claims
(c) take reasonable steps to avoid incurring unnecessary costs
(d) send everything DAS asks for, in writing, and
(e) report to DAS full and factual details of any claim as soon as possible and
give DAS any information DAS need.
All Acts of Parliament mentioned in this section include equivalent laws in Scotland, Northern Ireland, the Isle of Man and the Channel Islands as appropriate.
Eurolaw Legal Advice
DAS will give you confidential legal advice over the phone on any personal legal problem under the laws of the member countries of the European Union, Isle of Man, the Channel Islands, Switzerland and Norway.
You can contact DAS’UK-based call centres 24 hours a day, seven days a week. However, DAS may need to call the insured person back depending on the enquiry. Advice about the law in England and Wales is available 24 hours a day, seven days a week. Legal advice for the other countries is available 9am-5pm, Monday to Friday, excluding public and bank holidays. If you call outside these times, a message will be taken and DAS will call you back within operating hours.
To help check and improve service standards, DAS may record all inbound and outbound calls.
To contact the above service, phone DAS on +44 (0) 117 934 0548. When phoning, please quote your policy number.
DAS will not accept responsibility if the Helpline Service fails for reasons DAS cannot control.
HOW TO MAKE A COMPLAINT
We always aim to give youa high quality service. If you think we have let you down,you can contact us by:
- phoning 0344 893 9013
- emailing firstname.lastname@example.org
- writing to the Customer Relations Department | DAS Legal Expenses Insurance Company Limited | DAS House | Quay Side | Temple Back | Bristol | BS1 6NH
- completingour online complaint form at www.das.co.uk/about-das/complaints
Further details of our internal complaint-handling procedures are available on request.
If you are not happy with the complaint outcome or if we’ve been unable to respond to your complaint within 8 weeks, you can ask the Financial Ombudsman Service for a free and independent review of your complaint.
You can contact them by:
- phoning 0800 023 4567 (free from mobile phones and landlines) or 0300 123 9123
- emailing email@example.com
- writing to The Financial Ombudsman Service | Exchange Tower | London | E14 9SR
Further information is available on their website: www.financial-ombudsman.org.uk
Using this service does not affect your right to take legal action.
The Financial Ombudsman’s role is to assess our handling of a claim in light of the policy terms. It is not to assess the quality of legal advice. If you are unhappy with the service provided by an appointed representative the relevant complaint-handling procedure is available on request.
DAS Head and Registered Office:DAS Legal Expenses Insurance Company Limited | DAS House | Quay Side | Temple Back | Bristol | BS1 6NH
Registered in England and Wales | Company Number 103274 | Website: www.das.co.uk
DAS Legal Expenses Insurance Company Limited is authorised by the Prudential Regulation Authority and regulated by theFinancial Conduct Authority (FRN202106) and the Prudential Regulation Authority.
Financial Services Compensation Scheme
We are covered by the Financial Services Compensation Scheme (FSCS). Compensation from the scheme may be claimedif we cannot meet our obligations. This will be dependent on the type of business and the circumstances of the claim. More information on the compensation scheme arrangements can be found on the FSCS website, www.fscs.org.uk
DAS Law Limited Head and Registered Office:
DAS Law Limited | North Quay | Temple Back | Bristol | BS1 6FL
Registered in England and Wales | Company Number 5417859 | Website: www.daslaw.co.uk
DAS Law Limited is authorised and regulated by the Solicitors Regulation Authority (registered number 423113).
To comply with data protection regulations we are committed to processing personal information fairly and transparently. This section is designed to provide a brief understanding of how we collect and use this information.
We may collect personal details including name, address, date of birth, email address and, on occasion, dependent on the type of cover in place, sensitive information such as medical records. This is for the purpose of managing the products and services in place and this may include underwriting, claims handling and providing legal advice. We will only obtain personal information either directly from you, the third party dealing with your claim or from the authorised partner who sold this policy.
WHO WE ARE
DAS is part of DAS Legal Expenses Insurance Company Limited which is part of DAS UK Holdings Limited (DAS UK Group). The uses of personal data by us and members of the DAS UK Group are covered by our individual company registrations with the Information Commissioner's Office. DAS has a Data Protection Officer who can be contacted at firstname.lastname@example.org.
HOW WE WILL USE YOUR INFORMATION
We may need to send personal information to other parties, such as lawyers or other experts, the court, insurance intermediaries, insurance companies, appointed service providers, specialist agencies or other members of the DAS UK Group, so they may contact you for your feedback. If the policy includes legal advice wemay have to send the personal information outside of the European Economic Area (EEA) in order to give legal advice on non-European Union law. Dependent on the type of cover in place, the personal information may also be sent outside the EEA so the service provider can administer the claim.
We will take all steps reasonably necessary to ensure the personal data is treated securely and in accordance with this Privacy Notice. Any transfer outside of the EEA will be encrypted using SSL technology.
We will not disclose the personal data to any other person or organisation unless weare required to by our legal and regulatory obligations. For example, we may use and share the personal data with other organisations and
public bodies, including the police and anti-fraud organisations, for the prevention and detection of crime, including fraud and financial sanctions. If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies to prevent fraud and money laundering. Further details explaining how the information held by fraud prevention agencies may be used can be obtained by writing to, or telephoning DAS. A copy is also accessible and can be downloaded via our website.
WHAT IS OUR LEGAL BASIS FOR PROCESSING YOUR INFORMATION?
It is necessary for us to use the personal information to perform our obligations in accordance with any contract that we may have with the person taking out this policy. It is also in our legitimate interest to use the personal information for the provision of services in relation to any contract that we may have with the person taking out this policy.
HOW LONG WILL YOUR INFORMATION BE HELD FOR?
We will retain personal data for 7 years. We will only retain and use the personal data thereafter as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. If you no longer want us to use the personal data, please contact us at email@example.com.
WHAT ARE YOUR RIGHTS?
The following rights are available in relation to the handling of personal data:
• the right to access personal data held
• the right to have inaccuracies corrected for personal data held
• the right to have personal data held erased
• the right to object to direct marketing being conducted based upon personal data held
• the right to restrict the processing for personal data held, including automated decision-making
• the right to data portability for personal data held
Any requests, questions or objections should be made in writing to the Data Protection Officer:-
Data Protection Officer
DAS Legal Expenses Insurance Company Limited
Or via Email: firstname.lastname@example.org
HOW TO MAKE A COMPLAINT
If there is any dissatisfaction with the way in which personal data has been processed, the Data Protection Officer can be contacted in the first instance using the details above.
If you remain dissatisfied, the Information Commissioner's Office can be approached directly for a decision. The Information Commissioner can be contacted at: -
Information Commissioner’s Office
[U1]Any or all of these Conditions can be removed if a suitable equivalent condition is included in the ‘host’ policy andit is made clear in that wording that the exclusion also applies to the LEI Section