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Terms and Conditions Evolution Legal Service Ltd is a membership organisation and strives to ensure that we do not have to charge our members for any services we provide, other than the annual membership fee. We wish to provide our members with a first rate service in the immediate aftermath of an accident, to ensure that the resolution of your claim is a stress free as is possible, although we do ask our clients to remember that we are usually attempting to recover your losses from someone else’s Insurance Company. It is quite normal for disputes to arise as to how an accident actually came about and we ask our customers to bear this in mind, should time delays occur in their claim. Evolution Legal Service Ltd provides a range of services to customers in the immediate aftermath of an accident recovering uninsured losses on their behalf, arranging for compensation to be recovered for injury claims via a panel of Solicitors or liaising with an Insurance company on their behalf in relation to uninsured losses. The regulatory law used to resolve civil disputes is called the Civil Procedure Regulations or CPR. The regulation is far too detailed to mention here, but we would like to point out that this law provides the recipient of a claim (i.e. the other driver or their insurance company) a 3 month period of investigation, commencing on the date they receive the first ‘letter of claim’ from a claimant or their representative. The recipient should use this 3 month investigative period to resolve their own position in the matter and decide what they intend to do about the claim made against them. For example, they may admit liability at this time or indeed deny liability. We ask our customers to bear this 3 month investigative period in mind during the course of their claim, as the other driver or their Insurance company do not have to commit themselves to dealing (or not dealing with your claim as the case may be) until this period has elapsed. As a membership organisation, we strive to ensure that we do not have to charge our customers for claims services we provide. We do however draw commissions at various stages of the claims process, which are paid by various organisations, but never by you (unless in very rare circumstances where we believe you the customer has purposely mislead us. In those circumstances charges may be levied against you.) Details of these commissions are set out below. Referral Fees If your case involves making a personal injury claim, we may have carried out certain work in this matter to prepare the case for the Solicitor and we may receive a commission from them, which is commonly known as a referral fee. This fee is paid directly from the Solicitor to us upon acceptance and does not come from any compensation award made to you. As a member of the Evolution Legal Service the process of claiming injury compensation is cost free to you (subject to you providing ongoing assistance to the nominated Solicitor.) and subject to the indemnity principle, which can be explained to you in detail by your Solicitor. The payment of referrals fees from the nominated Solicitor to us is governed by the ‘Solicitors referral Code’ as issued by the Law Society. These fees do vary dependant upon the type and level of the injury sustained, but typically range from £400 to £450. When we receive such a commission we also must pay a referral fee to whichever organisation has referred the claim to us and commonly this commission ranges from £75 to £150. Medical Reports Your Solicitor may instruct an outside agency to arrange your medical report, which is necessary to bring a successful compensation claim and in those circumstances, we may receive a commission, which would range from £20 - £40. After The Event Insurance If you are a member of our legal service and are bringing a claim for personal injuries, your Solicitor may recommend the issue of an After The Event Insurance policy for you, which will guarantee that you are never responsible for legal costs as a result of this claim (subject to your reasonable assistance being given to the Solicitor at all times. Your Solicitor will advise you fully on this.) In those circumstances you will require an insurance policy that protects you against the possibility of having to pay legal costs, should your claim not succeed. Commonly an indemnity limit of £25,000 is required to provide the claimant with adequate protection. Credit Hire In conjunction with Britannia Assist, you may be able to obtain a replacement vehicle, whilst yours is off the road as a result of another party’s negligence. Where applicable, we will pass your details to Britannia Assist and they will make a commercial decision as to your requirements, which may include your vehicle repair situation. Britannia Assist will contact you to establish if you / your case meets the appropriate criteria. In the event that you do receive a replacement vehicle through our credit hire scheme, we will receive a commission typically between £75 and £125 payable by Britannia Assist. Credit Repair In conjunction with Britannia Assist, we are able to offer our customers a repair facility, allowing use of your chosen bodyshop or repairer. Subject to certain criteria, it is possible that the repairs to your vehicle can be authorised and paid for independently, prior to making a recovery of repair costs from the negligent driver’s insurance company. Should your case be suitable, we will make the necessary arrangements to have your vehicle repaired independently, in conjunction with Britannia Assist and your chosen bodyshop / repairer. Your chosen bodyshop / repairer will provide you with the appropriate documentation to proceed with this option. Recovery & Storage When involved in a non-fault accident, we may be able to recover your vehicle from either the accident scene or from your home address or from any UK address where the vehicle resides. We will usually recover your vehicle when it is deemed to be an actual total loss or potentially uneconomical to repair. In these circumstances, we will make payment for the recovery of the vehicle and seek recovery of such charges plus a commission element from the negligent driver’s insurance company, which will typically be £40. We will store your vehicle at our secure unit until such time as a motor engineer has inspected the vehicle and placed a pre-accident market value on the vehicle. We will charge storage at £12 per day, which is industry standard and seek to recover these charges from the negligent driver’s insurance company (subject to the indemnity principle) and to mitigation of your own losses. Salvage When your vehicle is deemed a total loss or uneconomic to repair, the motor engineer will place a market value on the vehicle and a salvage value. In certain circumstances, we will make payment to you of the salvage value of the vehicle and thereafter, upon payment to you of the full market value of the vehicle (market value and salvage value), we will take ownership of the vehicle salvage and you undertake to forward all documentation to us including vehicle registration document, MOT and service documents. If applicable, your vehicle will be either disposed of (if a category A case) or repaired (if category B or C), subject to costs. With effect from 23/4/2007 the Ministry of Justice (MOJ) has instigated a new regulatory regime for Claims Management Companies, which is directly created for companies such as Evolution Legal Service. Evolution Legal Service Ltd is regulated by the Ministry of Justice in respect of regulated claims management activities and our registration is recorded on the website www.claimsregulation.gov.uk Our regulation number is 1628. We strive to provide our customers with the best possible service. Should our standards slip beneath what is expected then we have a complaints procedure for our customers. Please see below. Evolution Legal Service strives to provide the best possible service to all its customers, but acknowledges that occasionally, an individual customer may not be satisfied with the services provided. Should a customer wish to make a complaint about any of the services provided by Evolution Legal Service then they should refer to the enclosed Complaints Procedure for details of how the complaint will be processed.. As a natural consequence of handling this claim on your behalf, we will accrue personal information about you. Evolution Legal Service is compliant with the Data Protection Act and registered with the Information Commissioner, which sets out the requirements for us to hold personal information about you. As a result of our compliance with the Data Protection Act it is necessary for us to ensure that we are protecting your personal information at all times. Consequently, whenever you call our offices we will ask 2 simple questions that will allow us to authenticate your identity and therefore protect your personal information. If you wish someone else to call / enquire on your behalf for the duration of your claim, you will need to provide us with personal information regarding that person in advance, in order that we can replicate the protection principles with them. Similarly, we may need to exchange information about you with other companies who act on your behalf, for example your Insurance Broker, a repair Garage, a firm of Solicitors (this list is not exhaustive). In allowing Evolution Legal Service to act on your behalf you are granting permission to us to exchange information with these type of organisations. If you have any queries regarding this matter, please do not hesitate to contact us, quoting the reference number given above.
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