(Photo credits: Adobe Stock – home insurance legal protection)
What guarantees does legal protection include and in what contract does it appear? Is it a special option to take out or a guarantee included by default in an insurance contract? Take stock to be up to date and comfortable with this topic.
Legal protection, a valuable guarantee in the home insurance contract
in car insurance or in the multi-risk home contract (MRH)
, legal protection is a guarantee from which the insured and the members of his household benefit in the event of a dispute with a third party. It can be recognized through several names in the contract:
– Criminal defense and recourse
– Legal protection guarantee
It makes it possible to find advice to resolve disputes amicably and to defend the interests of the insured in court, according to the scope covered.
If it appears in an automobile insurance contract, it will only concern disputes related to the use of the vehicle by the driver; if it is registered in the multi-risk home cover (MRH), it will only cover disputes related to the property in question (1).
Individuals who do not have any home or automobile insurance policies can nevertheless take out legal protection directly.
with their insurance company, for a dedicated contribution. There are targeted legal protections (by major area: consumption, health, personal injury, etc.) or general protection that includes all areas (except for any exclusions specified in the contract).
Legal protection: when should it be triggered?
Regardless of the stakeholders involved in the dispute, legal protection is useful:
– If the civil liability of the insured (tenant or owner) is engaged vis-à-vis the other party.
– If the civil liability of the insured (tenant or owner) is engaged vis-à-vis neighbors and/or a third party. It can be for example co-ownership, a legal person (service provider) etc.
Depending on the origin and causes of the dispute, legal protection can be activated at two levels:
The criminal defence:
when the insured is the subject of proceedings resulting from an event covered under his civil liability.
– The exercise of recourse against the identified responsible third party:
when he accidentally causes bodily injury to the insured or material damage to the insured property.
Note: the legal protection insurer does not indemnify any third party; on the other hand, it is 100% oriented towards legal information and the defense of the interests of the insured (2).
What is legal protection and what does it cover?
It can be summed up as
assumption by the insurer of the costs incurred by the management of a claim that has caused a dispute or dispute with a third party
(whether the insured is responsible or victim):
– costs of legal expertise,
– costs of summons and notification,
– call charges (according to regulations in force),
– bailiff’s fees related to the execution of the decision,
– lawyer’s fees (within the limit of the ceilings defined for each French jurisdiction).
What are the limits or exclusions to be aware of in terms of legal protection?
The preliminary study of the contours of legal protection is possible by deciphering the terms of his contract. In effect,
there are exceptions
for which it does not apply or only partially:
An intervention threshold
(level from which the insurer intervenes): it may apply for certain guarantees and in particular that concerning the bodily injury of the insured and criminal defense and recourse following an accident.
A limit of guarantees
: it often limits the amount of compensation per dispute.
: it can vary the guarantee (for example by only covering disputes falling within the jurisdiction of French courts or occurring in the rest of the world provided that the duration of the stay of the insured is limited in time).
Limitation of the amount of attorney’s fees
Costs incurred without the agreement of the insurer
incurred to verify the reality of the damage suffered by the insured.
The amounts payable by the insured
by virtue of a court decision or a transaction in respect of the principal and its accessories.
Legal protection is generally a component of car insurance and multi-risk home cover (MRH). Otherwise, it must be taken independently by the insured. It is better to study its scope of application for a clear apprehension in the event of a dispute following a claim. The insured will thus know in which cases he can be accompanied and according to which financial terms he will be supported, if he undertakes legal and administrative procedures.
Browse our special file on home insurance