For many people, the fees involved in defending a criminal motoring matter are prohibitive and therefore many decide to either go it alone without a solicitor or simply take it on the chin and accept the penalty without raising a challenge. Such a mindset will, no doubt become more prevalent during the current economic downturn.
It is for this reason that we always urge people to check their insurance policy to see if they have a Legal Expenses Insurance (LEI) clause. If such a clause does exist, then there is a chance that the insurer may well agree to fund your legal fees in their entirety.
Would I be eligible?
Most LEI clauses will cover the policyholder for around £50,000 to £100,000 worth of legal fees. It is often the case that less serious offences require much less to fund all the way to the case’s conclusion. John Ruane, our Owner/Director recently successfully argued “exceptional hardship” at Manchester Magistrates’ Court in which he was able to successfully argue that his client should avoid a 6-month period of a disqualification after totting up to 12 points. In this case, John’s client had no clue that he had LEI on his policy until John recommended that he check. It transpired that the client’s policy covered his legal fees in their entirety and therefore the client did not have to spend a penny of his own money on legal fees and was still able to achieve an excellent result.
Can I choose my own solicitor?
Most insurers will direct you to a solicitor that sits on their approved “panel” of solicitors; however, you should be allowed to choose your own legal representative. John has had extensive experience working for a “panel” firm, and therefore he may have had prior experience with your insurer. We do not envisage that your insurer will have any issue with you instructing JHR Solicitors given that we are specialists in this area of law.
Would I be compromising on quality if I funded the case via my policy?
We are asked this question regularly, and the short answer is usually “no”. John has dealt with many very serious cases where clients have been charged with causing death by careless/dangerous driving and has always found insurers to be more than generous with their willingness to fund the cost of specialist experts/barristers, and they are always looking to act in their client’s best interests.
Furthermore, insurance companies are used to the unpredictability of Court proceedings and the fact that unexpected hearings can be listed at late notice and trial length estimates are often likely to overrun. They will generally fund the matter to its conclusion even when things do not go to plan. If you are paying privately, it is possible that the solicitor with conduct will require additional fees at the last minute, which will cause obvious difficulty.
Are there any exceptions?
Most policies will not fund your defence if you have been charged with an offence relating to alcohol or drugs or if you have been charged with failing to provide a specimen. There are exceptions to this; however, most policies will not fund technical defences.
What should I do next?
If you are under investigation for a criminal motoring offence, we would urge you to give us a call for a no-obligation free telephone consultation. We can then discuss payment options, and if necessary, we can review your insurance policy for you and even communicate directly with your insurer if you would like us to. It is always important to consider all available payment options as this could save you a great deal of money and still provide you with the best defence possible.
Driving Offences