This Agreement is made today, ________________ the day of ________ in the year ____________ BETWEEN;
1. Insurance Services 4 U Ltd(T/A Accident Claims Solutions)
222 Hatfield Road, St.Albans, Hertfordshire, AL1 4LW
The Client ___________
This is an agreement between Insurance Services 4 U Ltd T/A Accident Claims Solutions (hereinafter referred to as “ACS”) and you (the client named on the claim form). This agreement becomes effective from the time this agreement is signed by both parties. Please do not sign this agreement until you have read the terms and conditions and fully understand the contract and the services we provide.
3. The Services we provide
ACS will provide you with a range of services for which will we ultimately need to seek to charge you the client. We see our role as being complimentary to the role of the solicitors we instruct to pursue your claim which is why we will seek remuneration at the conclusion of your claim. Historically, we were able to receive a referral fee for referring a personal injury claim to solicitors but the LASPO 2012 has made such practices illegal. Consequently, the [ACT] has made provision for either solicitors or Accident management companies such as us to make a deduction from your damages in order to cover the cost of the services provided to you by either them or us.
We see our role as an essential part of the claims process that will allow your claim to proceed as quickly and easily as possible, and as such, our services will include many if not all of the following; attending at your home address in order to explain the client care documentation sent to you by your solicitors and to then arrange for the relevant documents to be signed and returned to them, helping to arrange for an engineer to inspect your vehicle in the event that you were the driver of a vehicle involved in an accident, making arrangements for you to be placed in a hire vehicle in the event that your vehicle is unroadworthy and you still need to drive a vehicle, arranging for you damaged vehicle to be placed in storage if required, assisting the solicitors in arranging for you to be examined by a doctor in order that a medical report can be prepared in support of your personal injury claim, assisting you with every step of the claims process in that we will compliment the information provided to you by your solicitors, where necessary , we will provide translation services, explain the legal jargon that will inevitably be used in the claims process in a way that you will properly understand. These are simply the main elements s of the services we always provide to most of our clients. The services listed above are not exhaustive. However, we set them out to give you an indication as to the minimum level or service that we provide. In reality, from the moment the claim is accepted by the solicitors to the point at which the cheque for damages is received, we will be undertaking far more for you than that which is listed above. ACS will represent you for the recovery of damages resulting on the basis that no fee will be payable by you until such time as a recovery for your personal injury claim is made. This agreement is based upon the information that you provide us is an honest representation of the facts. If information comes to light that you have deliberately misled ACS or the solicitors we instruct, then you must appreciate that the solicitors we instruct may then charge you for their services in the event that you have been found to be dishonest.
4. The Procedure
Once we have taken all the details from you that we need to obtain in order to proceed with your claim, and further once this agreement has been signed by both you and ACS, we will then submit details of your claim to our panel solicitors who will then write to you directly with documents known as a “client care pack”. They will need you to sign these documents in order that they have authority to deal with your claim. In our experience, our client always need to have these documents explained to them in detail which is why we then meet with you in order to go through these documents with you and ensure that everything that is needed to be completed is signed accordingly and then returned to our panel solicitors so that your claim be then be progressed.
Thereafter, throughout the currency of the claim, we will be the fulcrum between you and the panel solicitors providing both you and them with whatever support advice and documentation is necessary to pursue your claim.
5. Our charges
In consideration of the services we provide as outlined in paragraph 2 of this agreement, in the event that your claim for damages is successful we will charge a fee of 25% inclusive of Vat of those damages in respect of our charges. Any reference to damages in this agreement means sums received for personal injury, loss of earnings, past care and assistance, treatment costs, vehicle damage, hire charges, recovery and storage charges and any other past losses. There would be no deduction in respect of any sum awarded for future losses.
We may, at our discretion, agree to charge a lower percentage or not to make a deduction from certain elements of the damages received.
This charge would become payable once you or the appointed solicitors have received the final damages cheque, or in the event of an interim payment being received, part of our charges shall be payable upon receipt of that payment. With your prior written authority the charges can be deducted from the cheque by the solicitors and sent directly to us.
6. The Risks of Making a Claim
The client acknowledges that they fully understand the risk of making a claim for compensation against a third party;
These include but are not limited to the following;
a) Appearing in court to testify under oath that the information you have given is truthful in the
event that legal action is taken to resolve your claim.
b) All cancellation charges for failure to attend medical examinations or other appointments arranged on your behalf will be payable by you and will be deducted from your damages before payments are made to you.
c) That you may lose your case or your case may be closed due to lack of evidence or the lack of their being reasonable prospects of success.
d) That losing a case in court may involve court costs that you may be liable for to the winning party.
Your solicitors may recommend that you take out an After The Event insurance policy to protect you against any adverse costs that you may become liable to pay during the currency of the claim. In such cases, your solicitor will provide further details.
1. You have the right to cancel this agreement within 14 days of signing the agreement during which time you will not incur any cost. You may cancel the agreement by sending written notice of your cancellation to the address of the shown at the top of this agreement. To help us identify such requests, please mark the envelope clearly with “cancellation” on the envelop and we will then confirm to you in writing that we have cancelled the agreement within 7 days of receipt. Should you decide to cancel after the 14 day cooling off period the same procedure will apply but in such an event , ACS have the right to recover from you any reasonable costs that we have incurred on your behalf up to the point of cancellation. You might also be liable for certain costs incurred by our panel solicitors such as any disbursements (engineer’s fees, medical report fees to give examples of two costs which might apply to this).
2. An itemised bill detailing all costs will be provided upon request. Payments should be made to the company 21 days after the date of cancellation.
3. Where any element of charges relates to solicitor costs, you will be advised fully of your rights to have these costs assessed.
1. You are asked to agree to this agreement by signing two copies of it (one to be retained by you). In addition you will be asked to sign an authority referred to in paragraph 4 above and any documents that our panel solicitors require you to sign during the currency of the claim.
2. Where appropriate you may be asked to sign a document agreeing to take out anAfter theEvent insurance premium to provide you with cover for own disbursements and an adverse costs order in the event of the claim being unsuccessful at court or withdrawn prior to court hearing. If such a policy is taken out, the cost of that policy (approximately £100) will also be deducted from your damages.
10. Supporting Documents
You are required to provide both us and your solicitors with all the necessary documentation to enable them to proceed with your claim. Initially both we and they will require a photographic identification that includes a signature as well as confirmation of your residence. This might be a utility bill or telephone bill that proves to both us and them that you are who you say you are and live where you say you live. Thereafter, the solicitors will send you various documents such as, for example, engineers reports and medical reports that you will need to read carefully and approve before they are disclosed to insurers to support your claim. In order to verify the accuracy of these documents, you will be required to sign authorities confirming that you agree the contents of whatever it is you have been sent. We will assist you in this regard and help you understand what it is you are being asked to sign and why and the ramifications of signing them. You must not sign anything that you do not understand. If you do sign something that is sent to you by our panel solicitors without having read or understood what it is you are signing, you must appreciate that doing so could have a negative effect on your claim and make a reasonable settlement a lot less likely if not impossible.
11. Data Protection Act and Confidentiality
In the course of providing services to you, we may acquire direct from yourself or from third parties personal data about you. We may also acquire sensitive personal data (which means information regarding your racial ethnic origin, political opinions, religious other beliefs, membership of trade union, your physical and mental health, sexual orientation, the commission or alleged commission by you of an offence or any criminal proceedings against you).
If such personal data or sensitive data is obtained it may be processed and used to enable us to provide the services you have instructed us to provide to you. By instructing us to act on your behalf you give your explicit consent to the storage, process and use of this personal data and sensitive personal data and the possible transfer of the data within and outside the UK.
You can choose from one of our panel solicitors to pursue your claim. A full list of the solicitors we use is available upon request. We cannot guarantee that any particular solicitor will take on your claim.
13. Complaints Procedure
Please click here for our complaints procedure.
14. Continuing to Pursue Your Claim
As long as in our opinion there is a reasonable chance of success, we will continue to pursue your claim. In the event that we no longer consider that there are reasonable prospects of your claim succeeding or that ACS consider that you have breached the terms of the agreement, we will write to you to explain our position and our assessment of the merits of your claim to discuss the matter with you further.
15. Insurance Services 4 U Ltd t/a Accident Claims Solutions
Insurance Services 4 U Ltd t/a Accident Claims Solutions is regulated by the Claims Management Regulator in respect of regulated claims management activities: its registrant is recorded on the website authorisation number: CRM22696.
Signed (for and on behalf of ACS :__________________________________ Date:______________________________
Signed by Client:
Name: _______________________________________________ Date:______________________________