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A legal expenses insurance is an insurance, with which the risk of costs of a right controversy is insured. Up to the sum agreed upon in the contract (as a rule 250,000 "€ for each case of legal protection) the legal expenses insurances take over the following costs:

  • the legal lawyer's fees of the attorney freely selectable of the insured one
  • Witness funds/expert fees
  • Legal charges
  • Costs of the opponent, as far as the insurant must take over these.

Also punishing bail - usually up to 50.000 euro are taken over, in order to protect the insurant against the execution of sentences. Not to be taken over fines and penalties.

Frequently self participations at a value of 150 to 250 euro for each case of legal protection are agreed upon.

The insurance protection applies European-wide and also in the Mediterranean countries, those not to Europe belongs (Algeria, Morocco, etc.). Many societies offer with insurance protection also world-wide up to foreign stays. In these cases frequently a reduced insurance protection applies, e.g. become excluding own lawyer's fees up to the three-way costs of a German attorney taken over - which are insured sum limited to regularly 30,000 euro.

A condition of the obligation for accrual of the legal expenses insurance is always being present a case of legal protection. Among them one understands "“the actual or maintained offence against right obligations"”. Therefore the preventing legal advice is not yet seized of the insurance e.g.

The insurance examines beyond that whether the prosecution offers sufficient chance for success and whether no culpable acting is put to the insured one to the load.

Legal expenses insurances are today usually "“modular"” developed. One can decide thus whether one insures a "“complete package"”, which covers all kinds of achievement, or on certain ranges of the life is limited, as e.g. to the traffic law protection, the industrial law protection or the housing and law on real estate protection. The insurance includes which risks exactly, is to be taken from the conditions, which are attached to the insurance policy.

Frequently the following packages are offered:

  • "§21 exp. 3 WORK traffic law protection for one or more vehicles (characteristics must be indicated)
  • "§21 exp. 11 WORK traffic law protection for all vehicles of the family
  • "§22 WORK driver legal protection (for drivers of strange vehicles)
  • "§23 WORK private law protection for independent ones
  • "§24 WORK occupation legal protection for independent one, legal protection for companies and associations
  • "§25 WORK private and occupation legal protection for
  • "§26 WORK private, occupation and traffic law protection for
  • "§27 WORK agriculture and traffic law protection
  • "§28 WORK private, occupation and traffic law protection for independent ones
  • "§29 WORK legal protection for property property and rent

On basis of current conditions of insurance WORK in the different packages the following kinds of achievement are offered to 2002:

Right to recovery of damages protection

Excluding the asserting of requirements for compensation is insured. The defense is partially taken off over liability insurance. Examples: Traffic accident, fall in the supermarket, wrong consultation with the share purchase, smart money because of offense.

Industrial law protection

Disputes from existing work and service conditions are taken off. Examples: Operatingconditioned notice of the insurant, wrong reference, wages/content are not paid, aid dispute of an official.

Housing and law on real estate protection

First does the object concerned have to be insured here after its type of use - does it concern around a flat let for rent, a free-hold flat, a used single family house or a rented/leased

Only this risk is secured then also, is final for example only a tenant legal protection, then a dispute with the own subtenant from the Untermietvertrag is not insured.

In the context of this kind of achievement can be secured also individual garages, boat putting on bar or continuous camping sites.

Examples: Internal requirement notice of the landlord, renting reduction because of lack, disputes with the because of the rent subsidy account, disputes with the neighbours because of border planting, in addition, disputes with the city/the municipality.

Legal protection in the contract and thing right

Disputes from contracts and from legal obligations as well as from material rights at mobile things are here taken off.

Examples of disputes arising from a contract: Warranty claims from sales contracts, disputes from loan agreements, disputes with the Handy Provider because of the calculation

Examples of disputes from legal obligations: GoA - management without order (they do not let the car of the neighbour tow, in order to save it from the flood, it pay the towing expenses), unjustified enriching (it transfer inadvertently to the wrong account, the payee does not pay back not).

Examples of disputes from material rights: Publication of its property (the Sohn its bicycle, the presented one gives away moves it no longer raus)

Tax law protection from courts

Here only the complaint before a German revenue court or Administrative Court is taken off. For regularly necessary the preceding Einspruchsverfahren just as little insurance protection exists as for a complaint before a foreign court.

Examples: Expenses are not recognized during the income tax return, the municipality increased the costs of the waste water disposal, the customs authorities raise import duties.

Social court legal protection

Insurance protection exists also here only for the judicial procedure before German social courts.

Examples: Disputes from the legal social security - which acquisition reduction decrease not recognized, that unemployment pay II (Hartz IV) is wrongly computed, the Federal Labour Office or LVA does not take over one deer-to-ASS-ASS; the severely disabled one the entry by marks or the increase of the GdB is not recognized

Administrative law protection in traffic things

Everything approximately around the driving licence - distribution, withdrawal, restrictions, editions etc.

Importantly: If the driving licence is to be extracted in the context of a punishing or an irregularity procedure or a driving ban to be imposed, it concerns a dispute out of the criminal law protection or irregularity legal protection.

With insurance contracts, which older conditions of insurance lie to reason, i.e. 1994 ago regularly only s.g. a driving licence legal protection exists WORK. Here are insured excluding disputes because of the redistribution, withdrawal and restriction of the driving licence. The edition a travel book to lead, is here e.g. not insured.

Discipline acre and professional ethics protection

Applies to the insurant Disziplinarvorschriften (e.g. an official, soldier) or condition-legal regulations (e.g. Physicians, pharmacist, attorneys), are insured the appropriate procedures in the context of this kind of achievement.

Examples: A police officer can be pursued because of a passing in its spare time out disziplinarrechtlich, which attorney is after a complaint of a mandator the permission is extracted.

Criminal law protection

The defense in criminal procedures is insured. Here between traffic-legal and traffic-legal offenses one does not differentiate.

In the context of this kind of achievement it comes entscheident on the reproach on, which is raised from the determination authorities. With traffic-legal reproaches insurance protection exists, if the insurant is not condemned because of a deliberately committed criminal offence. The insurer pays the resulting fees and advances during the procedure. If the insurant is condemned e.g. because of a deliberately committed accident escape, is it obligates everything to the insurer back to pay.

With not traffic-legal reproaches insurance protection only for offenses, which are punished also, exists if they are negligently committed. If an act accused, which is punished after the penal code only with deliberate committing way, or is accused crimes, no insurance protection exists. The insurer does not examine whether the act was committed. Also the exit of the procedure does not change anything in the decision. For example if the criminal procedure is stopped because of offense, nevertheless no insurance protection exists.

Examples of versichertete reproaches: simple bodily injury, many facts of the and the weapon law

Examples of not insured reproaches: Offense, theft, murder, homicide, compulsion

Irregularity legal protection

The costs of the defense in the irregularity and/or proceeding for assessing fines are taken over. Here legal protection exists even for deliberately committed acts.

Examples: Speed infringement, red light, noise disturbance, belt obligation"…

Exception: Procedures because of holding and park offences are not insured (risk exclusion)

Consulting legal protection

If the legal situation of the insured one within the range of the family right, life partnership right or hereditary right changes, the costs of the anwaltschaftlichen consultation are taken over.

Legal protection for activity out of court or a judicial does not exist regularly. Frequently also legal protection for the consultation already accomplished is void, if the lawyer becomes further active.

Examples: Separation/divorce, birth of a child, death relatives

The regulation of the own inheritance, thus the production of a will, is not insured for lack of occurred change of the legal situation. Just as little no cost protection exists, if the Versicherte wants be advised to let itself whether the rich hereditary uncle may change its will still during lifetimes. Thus first the death must be waited for.

Victim legal protection

Here legal protection exists for the active prosecution of offenders. In conditions of insurance the criminal offences, which must be accused to the author, are specified accurately.

Frequently insurance protection exists for an incidental action. Here the insurant can follow as it were an accusation of the public prosecutor and contribute even to the punishment of the author.

The victim is insured also in the context of author victim reconciliation. The author tries here to make the act again good.

Also the costs of the hurting assistance are taken over.

Is everything

At the time of the conclusion of a legal expenses insurance it is important that one is in the clear over the fact that not all disputes are insured.

On the one hand the dispute must be able to be assigned to one of the insured kinds of achievement. If this is not possible, no legal protection (example exists: Dispute from the school right). In "§ 3 WORK is beyond that a set of risk exclusions mentioned.

Here are to be called only some the most frequently occurring exclusions:

The protection from requirements for compensation is just as little insured like the active prosecution (exception: the victim legal protection mentioned).

Very frequently the building risk exclusion comes to carrying ("§ 3 exp. 1 D WORK). Simplified said, everything is which in connection with a construction measure stands, impossible.

Examples: New building of a house (controversy with neighbour, craftsman, city), purchase of a new free-hold flat (controversy with builder or broker), structural alteration measures (controversy because of the building permit), financing (controversy with banks, building society).

Disputes with the own legal protection insurer are just as impossible, as complaints before the constitutional court or before international Courts of Justice.


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