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Legal protection for homeowners

Legal protection for homeowners

Legal protection for homeowners

Legal protection insurance for homeowners is possible in the form of real estate legal protection insurance. It is not compulsory insurance and it is still relatively little widespread, but this type of legal protection insurance can make sense.

Legal protection for homeowners

A distinction is made between owner and landlord legal protection insurance. Attorney, court and expert fees are borne by the insurer, and advice on individual legal cases is also possible. The insurance benefits also relate to litigation compensation from the counterparty and a penalty deposit, which is generally set at CHF 100,000. The insured legal fields are as follows:

    • Compensation: If damage is caused on the property by a liable third party and the third party does not pay, legal protection insurance for homeowners takes over the legal case.
    • Employment contract law: This includes disputes with employees of the house owner.
    • Work contract law: If there is a work contract that relates to the insured building and there are disputes, legal protection insurance takes effect.
    • Insurance law: If your own building insurance does not pay, legal expenses insurance can take over the legal dispute.
    • Neighborhood law: Not all insurance companies take on neighborhood law disputes. The cover amount may be capped or only a one-time consultation by the lawyer is paid.
    • Property and property law: Here too, legal protection insurance for homeowners steps in when it comes to disputes and usage rights relating to the property.
    • Rentals: In the event of disputes with tenants, what applies to neighborhood disputes applies. Not every insurance company bears the corresponding costs.

As a customer, you have the choice of taking out your own property legal protection insurance or using a combination of private and real estate legal protection. Combi products are often cheaper.

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Legal protection insurance: When does the insurance protection apply?

When does the insurance cover apply?

When does the insurance cover apply?

Most important criterion: The insurance coverage does not refer to legal disputes that are already running! Only the legal cases in which the event occurs in the course of the contract are covered.

When does the insurance cover apply?

In addition, only those cases that are reported to the insurance company within the applicable period can be taken over in terms of costs.
Waiting periods must be observed in some cases. This stems from the fact that some things are likely to lead to disputes. An example of this is the termination of the apartment. All too often former tenants and landlords meet here in court.

The background to the waiting periods is that the insurance company wants to protect itself against cases in which it is asked to pay, although it was already foreseeable that a legal dispute would arise. The insurance protects itself against abuse by customers. Most insurers have a general three month waiting period when taking out one private legal protection insurance on. The start of the period is the date on which the insurance contract is signed.

In some areas of law, it is possible that the waiting period may vary and be longer or shorter. The insurance companies regulate these deadlines individually, so that a comparison of different providers should also refer to this point. If you want to cover yourself completely, you should take out private legal protection insurance as early as possible. The experience of insurers shows that many people interested in such insurance only come with an inquiry when the insured event has already occurred. Then, however, nothing can be changed and the litigation must be financed out of one's own pocket.

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What is the coverage in the areas of family, divorce and inheritance law?

Family, divorce and inheritance law

What is the coverage in the areas of family, divorce and inheritance law?

The most common legal disputes arise in the areas of family, divorce and inheritance law. For this reason, it is certainly understandable that many insurers refuse to share or cover costs in these areas.

Family, divorce and inheritance law

It is important for the policyholder to know that very few insurers cover such disputes. For example, the following legal cases are involved:

    • Maintenance payments to children or partners
    • Denial of visiting rights
    • Contesting testamentary provisions
    • Disputes due to lack of regulations
    • Divorce proceedings and marriage protection

Such disputes or all legal cases that fall under family, divorce and inheritance law are usually not covered. Accordingly, no attorney or litigation costs are borne, which can be very cost-intensive, especially in such disputes.

In order to insure yourself, depending on the legal protection insurer, it is possible to at least insure legal advice. Some insurers offer legal advice that must be provided to internal lawyers and is limited to a certain amount. For example, up to a maximum of 500 Swiss francs per year and per legal case can be claimed. It is important for policyholders in the event that legal disputes from family, divorce and inheritance law are included in the contract. Such restrictions are often found in insurance regulations. Ask your insurer if at least legal advice is possible, because in many cases there is a lot to achieve and other very high costs can be avoided.

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When can I terminate legal expenses insurance?

Terminate legal expenses insurance

When can I terminate legal expenses insurance?

The Legal expenses insurance can always be terminated when it expires. It is usually renewed automatically (the terms and conditions usually use the term "tacit") if there is no termination.

Terminate legal expenses insurance

The extension amounts to one insurance year. The notice of termination must, however, also be submitted within the stipulated period, which is usually three months before the contract expires. The date of receipt of the cancellation by the insurer is decisive, not the date of the postmark!

The policyholder can also exercise his right of termination if there is a claim. This must be covered damage. The cancellation must be made no later than 14 days after the policyholder has been informed of the benefit from the insurance. Otherwise, this right to terminate the contract is forfeited and the first-mentioned termination option is available again.

According to Swiss law, there is a third possibility of termination by moving abroad. The insurers assume that the insured risks cease to exist when they move away, which is why they grant the option of termination. However, they request a confirmation of deregistration from the Swiss municipality in which the insured was previously registered.

In principle, it is also possible for the insurance company to terminate the insurance contract, which would be conceivable, for example, after a damage event. However, most insurers only go this route if the reported claims accumulate. You protect yourself against excessive claims, similar to the case with car insurers. Anyone who can already foresee that this possibility is threatening should, in turn, seek termination. This makes it easier to take out new insurance with another provider, since cancellation by the insurer is always met with great skepticism.

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Legal protection insurance: How to proceed in the event of a claim?

Legal protection insurance in the event of damage

Legal protection insurance: How to proceed in the event of a claim?

If there is a claim, it is important to report it to the insurer immediately. Many insurance companies have specified corresponding periods in the terms of the contract. If these are exceeded, there is a risk of benefits being cut.

Legal protection insurance in the event of damage

Nevertheless, an insurer cannot completely refuse to provide benefits just because the insured person reported the claim too late. He still has to grant it proportionally. Who asks a lawyer first and only then the Legal protection insurance informed, can be unlucky and have to pay for the legal advice himself. Conversely, some insurers still pay for the initial consultation with a lawyer if the claim can then be regarded as settled and the insurance company will not incur any further costs. This possibility should be clarified in each individual case when taking out the insurance.

After receiving the damage report and informing the legal expenses insurer, he will inform you of the further procedure. He will inform you about the steps to be followed and will inform the insured about any cost recovery. In addition, an attorney is named, to whom the insured person must contact by presenting his insured number, provided that this insurer is obliged to hire selected attorneys. In the other cases, the insurer will issue a confirmation of the assumption of costs, on the basis of which the lawyer will begin his work. Now it is only the job of the insured person to transfer any documents to the lawyer so that he can examine and resolve the dispute.

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Legal protection insurance: what can be insured and what not?

What can you insure, what can't

Legal protection insurance: what can be insured and what not?

Before you get a Take out legal protection insurance, you should check carefully what is insured at all. As a rule, the following areas are covered by private and traffic legal protection insurance:

What can you insure, what can't
    • Claims as a victim or victim in the sense of compensation law
    • Disputes with insurance companies, health insurance companies or social insurance companies in the context of insurance law (however, now excluded by many legal expenses insurers or only insured to a limited extent)
    • Defense in case of negligence
    • Disputes with doctors
    • other contract law
    • Disputes in case of disregard of traffic regulations
    • Disputes related to purchase, rent, lease, leasing or repairs
    • Disqualification disputes
    • Disputes with the employer (often only limited)
    • Disputes in the sense of family, marriage or inheritance law (limited)

The insurers determine the scope of their services freely and thus individual insurance companies can exclude the points mentioned above. Important: Even in the case of excluded disputes, as listed below, advice on the dispute is often insurable and linked to a certain maximum limit (e.g. 300 Swiss francs per insured event). As a rule, the following legal cases are excluded or only advice is offered:

    • Defense against claims for damages (private liability insurance is responsible)
    • litigation already ongoing
    • Disputes from the self-employed
    • Legal cases in connection with the purchase or sale of securities
    • Legal cases in the context of real estate ownership, sale or purchase of real estate
    • Disputes in the context of tax and duty law
    • Legal cases relating to immigration law
    • Disputes in the context of canon law
    • Disputes through betting and gambling
    • Disputes with the insurer itself
    • Legal cases in the context of company, foundation and association law
    • customs disputes
    • Legal cases in connection with vehicles: unauthorized vehicle use, driving without a license, commercial sale and purchase of vehicles

The exact scope of the insurance provider's benefits must be checked in accordance with the insurance policy. Any additional insurance cover must be taken out individually, in some cases it is not possible at all. Any costs from litigation must then be borne by yourself.

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What should you watch out for in legal expenses insurance?

Legal expenses insurance

What should you watch out for in legal expenses insurance?

Legal protection insurance is offered by many insurance companies, however, the individual providers differ in terms of the services offered or the service exclusions. 

Legal expenses insurance

Individual benefits are often excluded, such as neighborhood law or inheritance law. Disputes that fall into these areas are not covered by legal expenses insurance. Before taking out insurance, you should therefore make sure that all desired insurance areas are included in the contract. Missing areas can often be reinsured, but this can result in a significant increase in premiums.

In addition to covering as many legal areas and types of disputes as possible, you should also pay attention to the level of benefits in individual cases. Legal advice with a free choice of lawyer can quickly become very expensive, then it is good to know that legal expenses insurance also pays the corresponding costs. It is also important whether the insurer pays for the first legal advice or for legal representation of the insured. In the latter case, the latter alone bears the costs incurred after the first consultation. In addition, possible capping of damage amounts per damage event is important. These should always be high enough to be able to really pay back the costs. Also pay attention to the minimum amount in dispute that must be reached per dispute. If the insurance sets the value rather high, minor damage is not insured.

 

Also compare whether you get cheaper with private legal protection insurance or with the family package or with a combination of different legal protection insurance (e.g. private legal protection plus traffic legal protection) or whether you only want to cover the areas of life that are most important to you.

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What does private legal protection mean?

What does private legal protection mean

What does private legal protection mean?

The private legal protection insurance is to be taken out as an individual insurance or can also be taken out as part of a family insurance. The services of the individual insurers often differ, so a closer comparison of the offers before taking out the insurance is strongly recommended, especially since the premiums also differ greatly.

What does private legal protection mean

Private legal protection insurance provides advice to private individuals or their representation in disputes. The conclusion of the insurance is not legally required, it is a voluntary insurance. The following risks are generally covered in private legal protection insurance:

    • Damages
    • Defense in disputes due to negligence, emergency and self-defense
    • Disputes related to medical treatment
    • Disputes from contracts and insurance
    • Disputes with the employer
    • Rental and lease disputes
    • Legal advice on family disputes, inheritance matters and among neighbors
    • Disputes about things

This list sounds like a complete protection against all kinds of disputes. But the reality is a little different and becomes apparent when you take a closer look or study the contractual clauses of private legal protection insurance. Many insurers rule out individual disputes, in particular disputes with the employer or with neighbors are often not regularly covered. These cases can be insured against payment of a higher premium. Certain disputes are sometimes completely excluded. In addition, a minimum amount in dispute is usually set. To put it simply: Anyone arguing with a seller about a thing has to bear the costs of the dispute themselves.

When concluding the contract, the individual insurers agree on a maximum sum as the scope of benefits, which can be, for example, 250,000 Swiss francs for a claim. The cost of legal advice is set separately and is often CHF 500 per case.

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What does traffic legal protection mean?

What does traffic legal protection mean

What does traffic legal protection mean?

The Legal expenses insurance is to be supplemented by various individual insurance policies. Traffic legal protection can be concluded, which covers the sometimes high expenses in traffic disputes. Traffic legal protection insurance applies, for example, to accidents and damage that occur in road traffic.

What does traffic legal protection mean

Anyone who is involved in an accident but is not the cause of the damage can make their claims with the help of traffic legal protection. In addition, a traffic legal protection insurance protects in the event of disputes with your own car insurance. The following costs are covered:

    • Lawyers' fees
    • Expert's costs
    • court costs
    • compensation

Important to know: Traffic legal protection is not only relevant for drivers, but can also be helpful for pedestrians or cyclists. For example, if a car hits a pedestrian while crossing the street, you can claim the damage caused by the person who caused the accident. For this, the person concerned receives support from the traffic legal protection. Long-term disputes often result in long-term health problems, which are associated with high costs. If you then do not have to worry about the financial security of the dispute, you are on the safe side and can concentrate on getting well. The lawyer who is engaged does the rest and helps to enforce your own claims.

 

Traffic legal protection can be combined with other insurance modules, with the combination with private legal protection insurance in particular being frequently chosen. But be careful: the premiums of the individual providers differ very greatly, so that a precise comparison of the offers is highly recommended. If you only take out legal expenses insurance, the usual premiums are between 65 and 150 Swiss francs a year, although these costs can be exceeded many times over in the event of a legal dispute. It's good if these are then covered by insurance.

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What is legal protection insurance?

What is legal protection insurance

What is legal protection insurance?

Contrary to popular belief, there is one Legal expenses insurance by no means a possibility of being able to really enforce one's rights without any costs. What is correct, however, is that legal protection insurance should protect the interests of the insured. 

What is legal protection insurance

The voluntary insurance can be obtained from different providers and in different price ranges; the costs for legal fees, expert opinions and court fees are to be covered. In addition, compensation benefits are paid in a lawsuit, which benefits are paid to the opponent of the litigation. Penalty deposits are also taken in the form of an advance.

However, legal expenses insurance does not offer general protection against all legal cases, because not all can be insured. Others have limitations. The following legal cases are often excluded from insurance benefits:

    • Disputes against your own company
    • Disputes with social security
    • Work contracts on properties
    • Neighborhood disputes
    • no protection for executives

Many legal expenses insurance companies only offer appropriate protection for the above-mentioned cases at an additional cost or generally limit the coverage. Important point: The choice of lawyer is rarely free, most insurance providers provide a lawyer or set strict conditions for the selection. In addition, many labor law disputes are not covered.

If a legal dispute arises, legal protection insurance will be informed of the case first. It provides information on how to proceed, provides a lawyer or assures the assumption of costs for the appointment of a lawyer. Also important: If a family insurance policy is taken out, no legal dispute can be brought against one of the insured.

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