ATE Insurance UK: Cover for Personal Injury Claims

Overview

After the Event insurance is a type of legal expenses cover you buy after something has happened that gives you grounds to bring a claim. In personal injury matters, that usually means after an accident, a workplace incident, or a medical issue where someone else may be legally responsible.

The policy sits alongside your funding arrangement with your solicitor and is triggered if your claim fails. The central purpose is straightforward: to shield you from the financial fallout of losing. In civil litigation in England and Wales, the losing party is often ordered to pay a share of the winner's legal costs, and that exposure can run into tens of thousands of pounds.

ATE cover can pick up the defendant's recoverable costs, along with certain disbursements your own side has spent on the case, such as medical reports, court fees, and expert evidence. Because each dispute is different, ATE policies are underwritten case by case. Insurers look at the prospects of success, the type of injury, and the likely costs before offering terms.

Key steps

1. Check whether you already have cover. Before buying an ATE policy, look at your home, motor, and travel insurance, plus any union membership or credit card benefits. Many people unknowingly hold Before the Event legal expenses cover that could fund a personal injury claim, which may remove the need for a separate ATE policy entirely. 2. Speak to your solicitor about funding options. ATE is usually arranged through the solicitor running your claim, often in combination with a conditional fee agreement. Your solicitor should explain how the premium works, when it becomes payable, and how it interacts with any damages you recover if the case succeeds. 3. Understand what the policy covers and excludes. Read the policy summary carefully. Typical cover includes the opponent's costs and your own disbursements, but exclusions can apply for dishonesty, failure to follow advice, or rejecting reasonable settlement offers. Make sure you know what would cause cover to be withdrawn partway through. 4. Confirm how the premium is paid. Most ATE premiums are deferred and self-insured, meaning you only pay if you win, and the premium comes out of your damages or is covered by the policy itself if you lose. The amount varies with the size and risk of the claim, so ask for a clear figure in writing. 5. Keep the insurer informed as the case develops. Your duty of disclosure continues throughout the claim. If new evidence emerges, if settlement offers are made, or if the prospects of success change, your solicitor will need to update the insurer. Failing to do so can put your cover at risk at exactly the wrong moment.

Common questions