There is also an agreed standard form of Solicitor's certificate for use in certain circumstances.

• Download the Vhi Undertaking and certificate (2020 version)

Enabling access to insurance benefits

The Vhi Undertaking is designed to ensure that Vhi customers can avail of the benefits of their Vhi cover for injuries in respect of which they are pursuing a personal injury claim. The Undertaking provides that eligible hospital and medical expenses paid by Vhi to the policyholder will form part of any such personal injury claim, on the terms laid down in the Letter of Undertaking.

The Vhi rules, terms and conditions, provide that benefit is specifically excluded where expenses are recoverable from a third party (Rule 7). However, certain exceptions are permitted, including where a solicitor's undertaking in the agreed form is provided in the context of a personal injury claim. In these circumstances, Vhi will rely on the undertaking and make payments to or on behalf of the policyholder (Rule 11).

Application in practice

Practitioners are reminded that it is good practice to seek to determine from personal injury clients whether they have private medical insurance cover and, where appropriate, to include such health costs as special damages. For Vhi policyholders details of this nature can be obtained from Vhi by emailing: recoveries@vhi.ie. It is important to include the client's Vhi policy number.

Before giving any undertaking, practitioners should ensure that they have their client's irrevocable authority to do so and that they are in a position to comply with the terms of the undertaking.