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Family law: What does legal protection insurance cover?

Legal expenses insurance

Family law: What does legal protection insurance cover?

The answer to the question in the heading is clear: usually nothing! The reason: disputes that can be assigned to family law are usually deleted from the list of benefits offered by legal expenses insurance.

Legal expenses insurance

These disputes often drag on for a long time and are very costly. Few insurers offer services in this area at all. This also applies to disputes relating to divorce and inheritance law.

In some cases, however, the insurers offer free initial advice. This must be carried out by an internal lawyer and is limited to a maximum of CHF 500 per case and calendar year. Often, further disputes can be avoided after such advice or cleared out of the way. However, these insurance providers do not cover any additional services, so any lawyer and litigation costs incurred must be borne by yourself.

Insured persons are therefore advised, on the one hand, to find out well about the provider of the legal protection insurance chosen or to take a close look at the scope of benefits offered in terms of family law. On the other hand, it is sometimes possible to insure additional benefits against payment of a higher premium, which can be helpful in individual cases.

Insured persons are therefore advised to find out about the provider of the chosen legal protection insurance to inform or to take a close look at the scope of services offered in terms of family law.

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Tenancy law: What does legal protection insurance cover?

tenancy

Tenancy law: What does legal protection insurance cover?

In most cases, disputes arising from the rental of apartments or houses or other real estate are taken over.

tenancy

Possible disputes can be, for example:

    • there is a sudden termination of the apartment
    • the landlord does not want to accept a rent reduction
    • no repairs are carried out by the landlord
    • Problems with the handover of the apartment after moving out occurred
    • the landlord demands a significantly higher rent with no apparent claim
    • Defects are not eliminated

Legal protection insurance covers such disputes and, for example, assumes the costs that result from a lawsuit and from hiring a lawyer. However, the benefits of the individual insurance providers can vary. The premiums to be paid also generally vary and should be compared carefully before the contract is concluded.

Usually, a waiting period of three months must be observed after taking out legal protection insurance, some insurers only require a waiting period of one month. Disputes that are already in progress will not be taken over, which means that a legal case that has already occurred must be paid by the person concerned. 

If there is a dispute regarding tenancy law, the conciliation authority of the respective municipality is responsible first. An agreement should be reached there between the parties, which is a free procedure. If an agreement is not possible, the competent court is called and is to enforce the claims. 

Legal protection insurance is important for this, as it covers the costs of the sometimes very expensive process.

Tip: The tenants' association also offers free advice, which can only be used by members. For everyone else, private legal expenses insurance is the method of choice.

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Legal protection provisions: what needs to be considered?

Legal regulations

Legal protection provisions: what needs to be considered?

It is not only the price that should determine the right legal protection insurance. Performance should also play a role and is checked against the provisions set out in the insurance contract.

Legal regulations

The following provisions are particularly important:

    • Overlapping areas of law
      It is possible that a legal area of legal protection insurance is also covered by another insurance. In some cases, this makes legal protection insurance unnecessary.
    • Find combined insurance
      Combined insurance is often cheaper than individual insurance contracts because the insurance company grants certain discounts. Private and traffic legal expenses insurance are therefore often combined.
    • price comparison
      The differences between the individual insurers are sometimes up to 100 percent of the premiums. Therefore, please compare the prices before signing an insurance contract!
    • waiting periods
      Most insurers have set waiting periods, so that an insured event can only be reported after this period has expired or taken over by the insurance company. Please take this into account when concluding the contract! The waiting periods are usually between one and three months.
    • scope
      Not all insurers offer the same benefit for legal expenses insurance. In some cases, however, at least advice from internal lawyers is offered for excluded services. Other areas of law are completely excluded, as far as family, divorce and inheritance law are concerned.
    • Choice of lawyer
      The insurance companies usually provide a lawyer who can be commissioned to advise you in the event of damage. However, some insurers leave the choice of lawyer to the insured. Further details are regulated in the general insurance regulations.
    • termination
      The notice periods vary from insurer to insurer. Pay attention to possible annual termination options so that you remain more flexible.

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Legal protection after an accident

Legal protection after an accident

Legal protection after an accident

A Legal protection insurance covers also the costs resulting from disputes after an accident. There are two types of legal protection insurance: private and traffic legal protection insurance.

Legal protection after an accident

It is possible to combine both and thus have two products in one insurance. It is also possible to take out both insurance policies separately. The private legal protection insurance covers the following cases:

    • Patients' rights: disputes after incorrect treatment or generally resulting from medical treatment after an accident.
    • Private and social insurance: If legal reimbursements are actually refused, the legal case can be transferred to the private legal protection insurance.
    • Insurance law: If accident insurance does not pay, legal expenses insurance takes over.
    • Compensation: If an action for damages is filed, the costs for this are covered by legal expenses insurance.
    • Victim support: Advice and immediate help are provided, legal protection insurance also helps in addition to other victim support services.

The second area is covered by the traffic legal protection insurance, whereby the way you are on the road? on foot, by car or by bike, by bus or by train? The following areas are covered:

    • Question of guilt: If the guilt is not cleared and you think that you are not to blame, the legal expenses insurance covers the costs for the clarification of the case.
    • Redress: Legal expenses insurance occurs if the opponent of the accident does not fulfill his obligation to make amends for the damage.
    • Own insurance: If your own comprehensive insurance does not take over the damage, legal protection insurance takes effect.
    • Traffic law: If the traffic law has been violated, legal protection insurance will take effect. This can be the case, for example, when a driver's license is withdrawn despite an unsolved question of guilt.

Legal protection insurance covers the legal and legal costs as well as advice to the policyholder. It also occurs in the case of claims for damages. Important: Usually there is a waiting period of between one and three months, legal disputes that are already in progress are not taken over. If you report damage during the waiting period, this case will be rejected.

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Legal protection family law

Legal protection family law

Legal protection family law

Legal protection in family law is not provided by most insurers. The reason: These are very cost-intensive disputes, in which processes are particularly common.

Legal protection family law

Whether it is a matter of maintenance disputes, the denial of visiting rights previously granted or a divorce procedure in which both former spouses cannot agree: the costs of such proceedings are also very high because the disputes are based on experience drag very long. The result: In most cases, the insurers do not assume any legal fees or other costs that are incurred, for example, for the court or for the commissioning of experts.

However, there are exceptions to the rule, and thus some legal expenses insurers that offer a compromise. They offer legal advice that must be provided by an internal lawyer. The costs for this are capped and usually amount to a maximum of 500 Swiss francs per case and per year. When concluding a contract for legal expenses insurance, you should therefore ensure that at least such advice is included. After such a dispute, further disputes can often be avoided or dealt with differently with the necessary prior knowledge.

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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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