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" ...BTE simply does not reach the people who arguably need it most; those who cannot afford a car, and who do not own a home. In days gone by they would once have been covered by legal aid, and many still assume that the state would pick up the tab; but by the time they discover otherwise, it is too late".

This suggests that the people that need it are on low income. I would suggest that when asked the question "would you like to purchase an insurance policy that you will never use at a cost of £25.00 per year or put food on the table for you and your family this, they will opt for the latter. Why will then then take up ATE? Because they only have to pay the premium if they win, such premium effectively being paid from the damages that they are awarded. In other words, whilst it might cost then £x they have £y from which to pay it, it is not "costing" them anything (in that they have not had to find the cost of the premium from their limited financial resources. As to whether they should have to pay the premium because of the change in the law regarding recoverability is another argument for another day.