You don’t need ATE insurance.
What is ATE insurance? This is after the event insurance which solicitors often ask their clients to take out when they commence a claim to protect them from certain costs consequences if their claim loses. Depending on the type of case and the likely value of the claim, these ATE policies can range from £50 to several hundred pounds.
At PSR Solicitors we never ask any of our clients to obtain an ATE insurance policy. We cover the costs for them if they lose. We believe that this is a much better scheme for our clients as ATE insurers can often exert some control over the case whereas by, in effect, self-insuring our clients the only people in control of the case are us.
How can we afford to do this? We are accident claims specialists and quite simply do not lose many cases. We always assess cases properly at the beginning and with our wealth of experience in pursuing compensation claims we have a very high success rate. We know therefore from the beginning whether we can back the case and push it all the way to trial if necessary, we wouldn’t waste your time or ours if we felt a case was going to fail. So if we lose we accept that we can’t win everything but we ensure that the client is protected from any costs consequences (other than if they are found to be fundamentally dishonest).
A word of warning.
Some solicitors ask their clients to take out ATE insurance policies when they are not really necessary due to the nature of the case. For example, a passenger in a road traffic accident is almost certain to be able pursue and succeed with a claim for compensation if they have obviously been injured. The argument being that they cannot be at fault for the accident as they have no control over the vehicle they are in. Clearly any accident would have to be someone else’s fault.
Remember that the ATE insurance policy is not payable by the solicitors and is not recoverable from the defendants. It has to be paid by the client, you. Therefore, if we are prepared to insure you ourselves why would you choose another firm of solicitors.