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It is sometimes very expensive to go to court, so should you take out legal protection insurance ? What exactly does it cover? What are its advantages and limitations?
A specific contract
Legal protection refers to a type of insurance coverage . It is offered as part of a multi-risk home insurance. It is an independent guarantee so it can be subscribed via other insurers. By paying a premium or an annual subscription, the cost of proceedings resulting from a disagreement or litigation vis-à-vis a third party is covered. The request for legal protection is constituted by the refusal opposed by a third party to his request or the refusal to oppose this same third party.
What does it cover?
It is not a compulsory insurance so the insurer is free to offer the guarantees of his choice. Legal protection covers disputes in everyday life: between landlords and tenants, professionals and consumers, doctors and patients and sometimes between employers and employees. Some contracts even offer guarantees in the event of divorce or inheritance problems. Others make it possible to obtain reimbursement of the lawyer’s fees necessary to defend one’s interests as a victim before the criminal or police court.
How does it apply?
The more we go upmarket, the more the legal contract will be intended to apply in a very large number of disputes in everyday life. And the more interesting the guarantees offered will be. You should also choose the formula that best suits your needs. For example, if you are an employee, it is preferable to choose a formula that covers disputes that may arise with your employer.
What are the advantages ?
Legal protection offers real access to justice. It is particularly advantageous in the event of the intervention of a legal expert, which can prove to be costly. The same applies to the various bailiff’s fees, whether they relate to the summons, the notification or the execution of the decision obtained from the court seised. The other advantage is that you retain the freedom to choose your lawyer. But if you do not know one, it is possible to ask your insurer for a lawyer.
What are his limits ?
It is very rare for a legal protection contract to provide for the payment of all the costs inherent in the initiation of legal action. The legal protection insurer only covers part of the costs of the proceedings. It is therefore necessary to be vigilant on certain points which can limit the coverage. This is the case of the intervention threshold per claim, which represents the amount of the dispute beyond which the insurer will agree to intervene. It is also necessary to pay attention to the ceiling of guarantee which represents the maximum amount supported by the disaster. It is also necessary to be attentive to the ceiling of assumption of responsibility of the expenses and fees of the lawyer. The scale varies according to the supposed difficulty of the file, the coverage formula chosen and the insurer according to a pre-established scale.
DAMY law firm, Nice, Legal protection, Update 2022
