AFTER THE EVENT INSURANCE

[carlyon bay]

Can any one explain in simple terms what it is and how it works I am considering asking a law firm to represent me as i have had a metal on metal hip replacement which has now been seen as causing major physical problems not just for me but scores of other people and this insurance has been mentioned many thanks for any explanations

[tonywiltshire]

You may be seeking a Conditional Fee Agreement (no win no fee) with your solicitor to pursue your claim and they have suggested this course of action to avoid large costs on the loser pays principle. If you have queries over after the event insurance it would be best if you directed your queries to the solicitor who is dealing with your claim.

[Peter Pedant]

as a recipient of a hemiarthroplasty myself,
your solicitor should at some time or the other tell you if you have suffered no damage then you have no claim

loosening, infection, failure and pain are the most common

Ihave none of these at present so I am not considering any action

you cant - you will be told - sue on a chance
- that is that there is a one in ten chance of problems and the average cost is say, 40k and so therefore you would like 4k up front now please

you should have been told all this- but Ihave to say I am not charging....


after the event insurance as far as I am concerned is that the surgeon supplying the service pays up front for an insurance policy that will pay out in the future in case of claims against him

after-the-event insurance for you is a an insurance contract impossibility. YOu cant insure on principle for something that has happened. This is because insurance is a contract of taking money on one side and paying for a risk on the other.
Clearly if somehting has happened then there isnt a risk and it cant be insured for.


You should not look on this as a money maker for you
if your hip is working OK you cant sue.

PP

[carlyon bay]

thanks for your advice tonywiltshire i will be phoning later

[Nini74]

To answer your actual question, After The Event Insurance (ATE) is an insurance you take out along with the "no win no fee" agreement. All ATE policies differ slightly so I can only tell you about the one we offer at my firm to people making similar claims to yours - the Insurance essentially covers any liability you may have for any other party's costs if you lose (eg medical report fees, court fees, defendant's costs etc), our costs would still be written off but the ATE means that there is nothing for you to pay. As I say, the ATE we offer allows for a deferred premium, meaning the premium isn't paid until the end of the claim, only paid if the claim is successful and then is claimed back from the Defendant. In short, (and like I say, this is the ATE we offer, and I don't think I can really say what company it is), but: if you win, the premium is payable but is paid by the Defendant; f you lose, the insurance kicks in and pays any liability you have for other party's costs, but you don't have to pay the premium. Your Solicitor should really be able to explain it to you quite clearly, and will be used to going through it al with clients. Peter Pedant - carlyon bay did say that the metal on metal hip replacement has caused major physical problems and, no offence, but your explanation of after the event insurance is quite wrong....

[carlyon bay]

Thank you Nini 74 very much that does reassure me i'm talking to the firm that is representing me today i'm one of hundreds who have had this now withdrawn hip implant which has caused dreadful after effects thanks