Anyone can deal with the justice system one day or another, either to defend themselves or to pursue a legal action. Legal fees, attorney fees, and expert fees constitute a significant cost. Although the legislator provides for a procedural indemnity for the benefit of the winning party, it often proves insufficient to cover all the amounts incurred. Let’s take a look at legal protection insurance.
Concept of Legal Protection Insurance
Legal Protection Insurance aims to allow you to assert your rights as a plaintiff or defendant, either in a judicial, administrative, or other procedure, or outside of any procedure.
The Legal Protection Insurer will commit, in exchange for the payment of an insurance premium, to cover all your defense costs.
This will be the case, for example, if you have received a summons to appear before the police court or if you wish to obtain compensation for damages suffered in a road accident.
The Objectivity Clause
Generally, the legal protection insurer will first attempt to settle your case amicably.
If you disagree with your insurer’s point of view, you have the right to invoke the objectivity clause and consult the lawyer of your choice.
Three scenarios are then possible:
- • If the lawyer confirms the insurer’s thesis, half of the consultation fees and costs will be reimbursed to you.
- • If the consulted lawyer confirms your position, the insurer will be obliged, regardless of the outcome of the procedure, to provide coverage, including for the consultation fees and costs.
- • If you initiate a procedure at your own expense, against the advice of your lawyer, and you achieve a better result than you would have obtained by accepting the insurer’s and the lawyer’s point of view, the fees and costs as well as the consultation fees will be fully covered by your insurer.
It is not excluded that a conflict of interest may arise when one and the same insurer covers the same insured for civil liability and legal protection, for example.
This is why we recommend taking out your legal protection insurance with a different company.
The free choice of lawyer will also allow you to overcome this conflict of interest.