Document of Expenses

Motor Legal Car Insurance

A flexible monthly insurance subscription
Motor Legal Expenses

This legal expenses insurance is part of your Flow Annual car insurance
policy and your personal details will confirm this cover is included.
You must read your personal details, certificate of motor insurance,
document of insurance and this leaflet as one document.
This section of your insurance is managed independently on our behalf by
Arc Legal Assistance (Arc).

If you’re involved in a road traffic collision that’s not your fault, our motor
legal expenses insurance will provide cover for up to £100,000 of legal
expenses in attempting to recover your uninsured losses.

Uninsured losses include the following:

• Compensation for injury or death.
• Your policy excess.
• Reasonable hire charges for a courtesy car while yours is being repaired.
• Compensation for you not being able to use your car.
• Accident repair costs.
• Compensation for damage to your clothes, luggage or personal
belongings.

How to claim
Call our legal advice helpline on 0800 028 5611, the line is available 24
hours a day, 365 days a year.
For Text Phone first dial 18001.
You must do this before taking any action yourself. We will need the
policyholder’s details, which can be found at the top of your personal details.

Legal advice service

Your motor legal expenses insurance also entitles you to use our free legal
advice telephone helpline service. This service is available anytime of the day
or night to give you free legal advice on any private legal matter, simply call
0800 028 5611.
For Text Phone first dial 18001.
Calls may be recorded for training and monitoring purposes.

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Definitions
The following words or phrases have the same meaning wherever they appear in
this leaflet.

Arc Arc Legal Assistance

Incident A road traffic collision or an incident resulting in a

prosecution or summons involving your car.

Insured person • you;

• any other person allowed by you who is insured
to drive your car;
• any passenger travelling in or on your car.

Legal expenses Reasonable leal fees, costs and expenses charged by

your legal representative, which will be assessed on
the standard basis or in accordance with fixed costs
set out in The Civil Procedure Rules if applicable. Third
party costs shall be covered if awarded against you
and paid on the standard basis of assessment.
The most we’ll pay for all legal expenses will be
equivalent to our standard scale of charges as
applicable to our panel of legal representatives and
available on request from Arc. You will be responsible
for any costs in excess of this scale. And for any claim
or claims arising from one incident the most we’ll pay
will be £100,000. No excess applies to legal expenses
claims.

Legal representative Our panel solicitors, appointed by Arc or their agents to

act on your behalf, or any other suitably qualified
person appinted to represent you under the terms and
conditions of this policy.

Period of Cover Cover dates shown on your personal details.

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Definitions - continued

Proportional In determining whether or not legal expenses are in

proportion to the potential benefit of pursuing the
insured person’s claim, the following will be taken
into account:
• whether the likely cost of legal expenses is more
than the amount of damages you’re able to
recover from the other party;
• the value and complexity of the case;
• the geographical location of the policyholder and
the other party to the action;
• the stance of the other party;
• whether a reasonable person without legal
expenses insurance would pursue the matter and
finance their own legal costs.

Reasonable chance There is a 51% or better chance that the person will
win the case and achieve a positive outcome.
of success
Examples of a positive outcome are being able to:
• recover the amount of money at stake;
• enforce a judgement;
• obtain an outcome which best serves your interest;
• recover an amount greater than that being
offered by the other party.

Personal details Forms part of your contract with us and includes the:
• cover dates;
• your name;
• your car details.

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Definitions - continued

Territorial limits Great Britain, Northern Ireland, the Republic of Ireland,

the Isle of Man and the Channel Islands. For claims
relating to uninsured losses and personal injury, the
territorial limits are extended to any country which is a
member of the European Union (EU) and any country
which follows EU directives and has been approved by
the Commission of the EU.

Uninsured losses Losses that can’t be recovered from your car insurance
policy or any other insurance policy you hold.

We, our, us Flow as part of Liverpool Victoria Insurance Company

Ltd.

You, your The person named as the policyholder on your

personal details and certificate of motor insurance.

Your Car The car shown on your documents and any other
car your certificate allows you to drive. This includes
any trailer, caravan or broken down motor car while
they’re attached to your car for towing. Including
when driving other cars third party only if the cover
is shown on your policy.

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What is covered

Uninsured losses recovery and personal injury

a. We’ll pay for legal expenses to recover the insured person’s uninsured
losses following a road traffic collision involving your car which causes:
• damage to your car or to personal property in it; or
• death or injury to an insured person while travelling in or on your car.

Defence of prosecution
b. We’ll pay for legal expenses to defend a motoring prosecution arising
from an incident while the insured person was using your car,
and which is not covered under section 3 liability to other people.
c. We’ll pay for legal expenses to support a plea in mitigation if it’s likely to
affect the outcome.

Provided that:
• the incident occurs within the period of cover;
• the incident occurs within the territorial limits and any legal proceedings
will be carried out within the territorial limits by a court or other
organisation which we agree to;
• in the case of uninsured loss recovery and personal injury the insured
person’s claim has and continues to have a reasonable chance of success;
• the cost of legal expenses to pursue the insured person’s claim is
proportional to the expected benefit;
• anyone making a claim under this insurance has your agreement to claim;
• in the case of a defence of a prosecution the defence or plea in mitigation
is likely to affect the outcome; and
• the insured person complies with the terms and conditions of this
insurance.

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What is not covered

(See also the General exceptions of your document of insurance, which apply
to the whole insurance policy)
For the purpose of these exceptions any reference to ‘you’ or ‘your’ shall be
deemed to include any insured person.

We won’t pay any legal expenses if:

• Arc haven’t agreed, in advance, the purpose and amount of any legal
expenses, or they relate to a period before Arc have accepted your claim;
• in the case of uninsured loss recovery and personal injury, your claim
doesn’t have and continue to have a reasonable chance of success;
• the cost of legal expenses to pursue your claim is not proportional to the
expected benefit;
• the incident happened before you bought this insurance;
• you claim more than 180 days after the date of the event, unless your
delay in notifying your claim has not affected the likely costs or outcome;
• your claim is fraudulent, false or exaggerated or you do anything that
harms either the chances of your or our success in proceedings for a civil
claim or your defence of a prosecution;
• the other side is unlikely to be able to pay your claim;
• you act against Arc’s advice or the advice of your legal representative;
• the legal representative refuses to act for you;
• you unreasonably withdraw from legal proceedings despite your claim
having a reasonable chance of success and where such a withdrawal is
likely to affect the cost of your claim;
• your claim is settled or discontinued without Arc agreeing to this
beforehand
Also, certain types of claim are not covered under this insurance.

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What is not covered - continued

We won’t pay for:

• an application for a judge to review the legality of a decision made or
action taken by a public body;
• more than our share of a civil claim or for defence of prosecution if there
is any other insurance covering the same event, even if the other insurer
refuses the claim;
• claims under this insurance directly or indirectly relating to your deliberate
criminal act or omission or to prosecutions which allege dishonesty or
intentional violence;
• claims arising from incidents which we refuse to cover under your car
insurance or which result in the cancellation of your car insurance;
• claims arising from defective repairs, mechanical breakdown or general
maintenance of your car;
• fines, costs or expenses which a criminal court orders you to pay.

General conditions

(See also the General conditions – the cost of legal expenses

of your document of insurance, to pursue your claim is
which apply to the whole proportional and continues
insurance policy) to be proportional to the
For the purpose of these expected outcome.
conditions any reference to ‘you’ • contact our legal helpline before
or ‘your’, shall be deemed to you take any action that may
include any insured person. result in a claim and before you
You must do the following: run up any legal expenses;
• provide at your own expense • take all reasonable steps to
information relevant to
settle your claim by negotiation
your claim such as reports,
and work with Arc and your
photographs, plans or other
supporting documents to legal representative to achieve
help Arc and/or your legal a satisfactory outcome to your
representative assess whether: claim;

– your claim is covered; • follow the advice that Arc and/or

your legal representative give you;
– your claim has and continues
to have a reasonable chance • keep the cost of your claim as
of success; low as possible;

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General conditions - continued

• keep Arc and your legal Where you choose to

representative informed about use your own legal
the progress of your civil claim
(including any offers to settle) or
representative:
defence of prosecution; a. You must not agree to any legal
• try to recover your legal expenses without Arc’s prior
expenses from the other side, written permission.
including allowing Arc to bring b. Your legal representative will
proceeding in your name; be appointed to act for you in
• allow Arc to obtain any line with Arc’s standard terms of
information, document or file appointment (you can ask us for
from your legal representative a copy).
including an opinion on your
chances of success and the c. We won’t pay for:
proportionate benefit to you • legal expenses that are
of making your civil claim or unreasonable or not
of acting in defence of your proportional to the expected
prosecution benefit;
• legal expenses incurred by
Appointing a legal your legal representative in
representative avoidable correspondence or
which are recoverable from a
We’ve chosen a panel of legal firms
court, tribunal or other party;
to provide legal services to our
• any shortfall in costs
customers. There is nothing in our
recovered from another party
relationship with these firms which
where the claim has been
affects their ability to act in your
successful and costs have
best interests. been recovered;
If Arc accepts your claim, they’ll • legal expenses in excess of
appoint one of our panel of legal the amount of damages that
representatives on your behalf. you’re able to recover from
the other party.
You have the right to choose
your own legal representative to
represent you if it’s necessary to
take your claim to court or if a
conflict of interest arises.

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General conditions - continued

We can do the following:

• pay an amount to settle your claim;
• refuse to pay any further legal costs and expenses if you don’t accept any
offer in a civil claim, which is reasonable. In assessing whether an offer is
reasonable, the likelihood of achieving a higher award and whether the
likely cost of continuing the claim is proportional will be considered;
• give your legal representative and/or Arc all information we have about
you or your claim including any medical information;
• refuse to pay further legal expenses if your claim doesn’t continue to have
a reasonable chance of success or the cost of legal expenses is no longer
proportional to the expected benefit.

Personal injury claims

As part of any claim for personal injury your legal representative may need
to arrange for you to be medically examined by a doctor. They may appoint
a medical agency to arrange this examination. The medical agency will con-
sider whether rehabilitation would assist you in recovering from your injury.
We do not restrict your legal representative in their choice of medical agency
and rehabilitation provider.

Disputes

How to complain
If you have a complaint please contact Arc quoting your claim number. You
can write to:
The Managing Director
Arc Legal Assistance
PO Box 8921
Colchester
CO4 5YD
Email: claims@arclegal.co.uk

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Disputes continued

Under the Solicitor Client Confidentiality Rules, your legal representative is

required to obtain your written consent in order to release any information
relating to your case to us.

If Arc cannot resolve your complaint, you may refer your complaint to the
Financial Ombudsman Service within 6 months of receiving a final response
letter from Arc.

Their details are:

Financial Ombudsman Service
Exchange Tower
London
E14 9SR

Phone: 0800 023 4567

Email: complaint.info@financial-ombudsman.org.uk

For more information please visit www.financial-ombudsman.org.uk

Making a complaint won’t affect your right to take legal action.

Arbitration
You also have the right to refer any dispute between you and us to an
arbitrator who will make a decision to settle the dispute. The arbitrator will
be either a solicitor or a barrister or other suitably qualified person that
you and we agree on. If we can’t agree on the choice of arbitrator, we’ll ask
the President of the Law Society or other governing body for solicitors (or
other legal representatives appointed under this insurance) in the relevant
jurisdiction to choose one which we both must accept. We and you must
keep to the arbitrator’s decision. The arbitrator may require you or us to pay
the cost of the arbitration.

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You can get this and other documents from us in braille, large print or in an audio format by contacting us.
Flow is a registered trademark of Liverpool Victoria General Insurance Group Limited and is Underwritten by Liverpool
Victoria Insurance Company Limited, registered in England and Wales number 3232514 is authorised by the Prudential
Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority,
register number 202965. Registered address: 57 Ladymead, Guildford, Surrey, GU1 1DB

0036159-2023