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Take action against fines with legal protection insurance?

Take action against fines with legal protection insurance?

Not all experiences with the police, the alleged friend and helper, are positive, as the stories of motorists show. Fines are imposed here because someone allegedly was not wearing seat belts, violations of the rules are punished there which, according to the perpetrator, did not exist. Now the question arises whether and when it is worth taking action against fines.

In the case of simple violations, the objection is not worthwhile

Theoretically, there is always the possibility to object to an allegation and to contradict it. But lawyers are of the opinion that this would not be worthwhile in the case of simple rule violations in traffic. Most of the time it is a question of violations that have been seen by the police (for example, as part of a traffic control). Experts explain that police officers are considered? People of higher trust? would apply and that a court also assumed that the statements of the police were true. Officials are legally obliged to be objective and must make true statements.

A federal court has even ruled that the finding of the officials on site as? Strong evidence? designated. The court also took into account that a false statement by a police officer is a criminal offense. You could lose your job if you were guilty of a false statement. The Federal Supreme Court also found that police officers had completed extensive training, during which they learned how to correctly assess distances and were able to gain an overview of the current situation with a practiced eye. Conversely, the court assumed that an accused wanted to defend himself for understandable reasons and would question the officials' statements. They would only make exonerating statements, which are understandable but not provable. The statements of the police officers would simply be given more weight.

It is therefore clear that a court will always believe the statements of the police officers, unless there is a reason to doubt it from witnesses. For the question of whether or not it is worthwhile to appeal against a fine that has been imposed, this means that it is better not to pursue such an appeal any further. If no further witnesses are to be named or if the facts of the case are not serious, the costs for the objection and, if necessary, legal prosecution of these objections are significantly higher than the fine. Because at least 400 to 500 francs are to be expected as costs for an objection procedure!

Objection can be worthwhile in the event of a penalty order

If a penalty order is issued because, for example, a right of way is disregarded or the permitted speed has been significantly exceeded, an objection can be worthwhile. Most of the time, there is a threat of an ID card being withdrawn, and the costs associated with the penalty order are usually very high. A review by a criminal court can make sense because: The findings in the penalty order are binding on the Road Traffic Office, otherwise it must impose the required penalty. The decision is made here solely on the basis of the police investigation; the accused is not heard before the penalty order is issued.

An objection only makes sense if, on the one hand, there is legal protection insurance that can cover a certain proportion of the costs for the procedure. On the other hand, appropriate evidence should be available that can show the innocence of the accused. Because: If the court later decides that the conviction is legal in accordance with the penalty order, the procedure can cost 1,000 francs or more. If you are unsure whether an objection is worthwhile or not, you can use your lawyer to exercise your right to inspect your files for ten days. The costs for this are covered by legal expenses insurance.

Conclusion: Objection due to traffic violations should be well considered

Most drivers think they did everything right. Nevertheless, it can happen that they receive a penalty order or are asked to pay a fine. In individual cases, the costs incurred for the objection should always be taken into account. If there is legal protection insurance, the matter can at least first be examined by a lawyer before the decision for or against an objection is made.

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Grilling on the balcony: allowed or litigation preprogrammed?

Grilling on the balcony: allowed or litigation preprogrammed?

Soon it will be spring time again and with it the time to grill. But is barbecuing on the balcony allowed or are the police at the door to protect stressed neighbors from noise and smells?

Note the rental agreement!

In principle, barbecuing is allowed on the balcony, the property management may not prohibit this. However, it may be that the type of grill is restricted: A charcoal grill may be prohibited, instead only gas or electric grills are allowed. For such a ban, however, there must be a certain objectivity, i.e. it must not be issued without reasons. A ban must always be proportionate! The private life of the tenant must be protected in any case. It is also important that the rental agreement refers to the applicable house rules. Tenants should absolutely do their duty of consideration and avoid excessive smoke development or barbecuing when everyone else is sleeping. Otherwise, the management of the house may issue a reminder. If the tenant does not adhere to it and repeatedly violates a prohibition or requirement, an extraordinary termination may threaten. Before barbecuing, you should therefore take a look at the house rules and the rental agreement. If you want to grill with a charcoal grill despite the ban, you should obtain the consent of the other tenants. Tip: The other tenants should also be informed of a planned barbecue party, which can be accompanied by a little more noise.

Important tips for grilling on the balcony

The charcoal grill may be particularly popular, but it develops strong and sometimes acrid smoke that bothers other people. It is therefore a bad choice for barbecuing on the balcony. An alternative is the gas grill, the lotus grill is also a good choice. Thanks to a battery-operated ventilation system, the charcoal heats up very quickly and all emissions are avoided.
The excessive formation of smoke can also be prevented by taking a few other measures. Grill lighter should only be used sparingly, and only as much charcoal should be used as is really needed. Otherwise, the grill is in operation for an unnecessarily long time, the charcoal first has to burn out, which in some cases causes a very long and above all unnecessary smoke development. Moist coal has no place on the grill, the smoke is particularly strong and the coal does not burn properly. Treated wood is also not a good choice, it can even produce toxic fumes.
The unpleasant smoke develops quickly from dripping fat or marinade. A drip tray under the grilled food helps!
Otherwise, the principle of mutual consideration applies: If you want to grill on the balcony, you should do everything possible not to unnecessarily disturb the neighbors and not to let loud music accompany the barbecue party in the evening. Another useful way to avoid trouble is to simply invite your neighbors along.

Conclusion: grilling allowed, but with restrictions

Everyone wants to get along well in an apartment building, so the principle of mutual consideration is of particular importance. If you want to grill on the balcony, you are generally allowed to do so, but a little consideration for the other tenants is important. The rule is that there must be no excessive smoke, odor or noise. In some cases, charcoal grills can even be banned, in which case the electric grill is certainly a good choice.

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The culture of complaints in Switzerland

The culture of complaints in Switzerland

In 2012, the Swiss Complaint Center was founded in Zurich, providing advice on all questions relating to complaints. The templates for complaints provided on the website have now been downloaded more than 130,000 times.

Independent complaints office: The Motz headquarters in Zurich

Colloquially, a complaint is often referred to as? Moaning? so it is not surprising that the complaints center based in Zurich is also called Motz headquarters. This contact point, which is actually intended to provide help to consumers, should be viewed with caution, because it offers a good target for companies with a rather dubious reputation. At the end of March 2018, Top AG Ltd. has already filed a criminal complaint for defamation because the company had moved up to first place in the 2018 complaint barometer.
Once the service of the complaint center consisted of a telephone consultation, letters of complaint were written and the complaint barometer could be published on the Internet. Today there are several of these complaint offices, but there is still one Motz headquarters, which has gained numerous findings from previous work.

One of these findings is that a forwarded complaint and the publication of reports from those affected may not be sufficient in every case. There is only success if the company concerned, to which the complaint relates, is working seriously anyway. They want their customers to be satisfied and, in turn, invests their money in professional complaints management. The really difficult cases are in companies that like to ignore complaints and want to avoid their duties. They use legal loopholes and rip off customers by using delaying tactics. Without legal assistance it is difficult to achieve success here.

Problems for the complaint center

The Swiss Complaints Center has already learned several times in the past how intimidating some companies are. But thanks to Dextra Rechtsschutz AG, the Motz head office was able to successfully defend itself against the intimidation attempts and has therefore learned that the greatest success for customers is only possible through legal assistance and a letter from a lawyer or a law firm. This is why the complaints center has entered into a cooperation with WILD Rechtsanwalt AG and can therefore support customers much better. You will now receive a complaint letter as well as initial legal clarifications on the legal facts of the respective case. If it is a question of a higher amount of damage or if all options have already been exhausted, the legal advisor can file a complaint and thereby assert the claims. Often, for example, claims due to flight delays and flight cancellations have to be processed here.

At the beginning of 2017 there was trouble for the complaints center Switzerland, which was put under pressure by two law firms from Zurich because blog posts and information about the business conduct of Top AG Ltd. should be deleted. This then filed a criminal complaint in 2018. Nevertheless: In spite of all attempts at intimidation, the complaints center publishes its research on the company every year and also provides the business model of Top AG Ltd. represent.

More and more customers are being deceived by Internet offers and are being blinded by supposedly great offers that are not that great at all. This trend has been evident since 2017 and continues year after year. Some companies are noticeable as frequent causes of complaints; these are shown at the top of the complaint barometer. It is now important to help affected customers and to inform other consumers about the business conduct of the companies, a task to which the complaints center Switzerland is fully committed.

Conclusion: Switzerland's complaint center as a savior in an emergency

The Swiss Complaints Center repeatedly proves itself to be the savior in times of need and ensures that customers get their rights by drafting complaints and providing legal support. Some companies turn out to be dubious or use every legal hiding place to protect themselves against complaints. These companies are shown in the annual complaint barometer, which is intended to warn other customers. Despite the intimidation attempts to which the Motz headquarters has already been exposed, it continues its work and is therefore a valuable support for consumers.

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Courts must review complaints about intelligence surveillance

Courts must review complaints about intelligence surveillance

Towards the end of 2020 it got through the media: The Swiss Federal Supreme Court ruled that a complaint that was made because of the cable investigation was approved. Now the matter goes to the Federal Administrative Court, which must clarify whether the plaintiff's fundamental rights had actually been violated. 

Cable surveillance as part of mass surveillance

The Swiss authorities can, without cause or suspicion, carry out what is known as cable surveillance, which enables mass surveillance. This means that the data traffic that goes back and forth between Switzerland and the rest of the world is continuously monitored. The new Intelligence Service Act of 2017 made this measure possible, which the Swiss population approved in a vote.
The Swiss digital society had now filed a complaint with the Federal Administrative Court, precisely for the reason that it was a matter of unreasonable surveillance that was independent of any suspicion. The court, however, denied the complainants the right to appeal. The reason for this decision: With the right to information under data protection law, it would be possible to file a complaint against the secret service in the event of violations of fundamental rights. A lawful review could thus be enforced in court.

The right to information was not sufficient

The right to information was limited and was previously found to be unsuitable, because it only applied to data that had been subsequently saved in an information system of the secret service and that could be assigned to a person. However, the mass surveillance automatically starts with the data streams and records all persons who cannot make sufficient use of their right to information. The declared aim of cable reconnaissance is precisely this automatic scanning: It should monitor as many people as possible and evaluate communication with secret search terms.

Everyone could be affected by the measures

On December 1, 2020, the Federal Supreme Court issued the judgment in which the complaint of the Digital Society Switzerland was approved and the previous judgment of the Federal Administrative Court was overturned. The reason: The measures associated with the cable reconnaissance are secret and are not disclosed to those affected afterwards. As a result, there would be no protection against the measures.
The Federal Supreme Court recognized that any person could be affected by the mass surveillance and that communication within Switzerland would also be monitored in the event of unprovoked mass surveillance. The court was of the opinion that the electronic scanning of the data compromised the secrecy of telecommunications and that the right to informal self-determination was violated with the mass surveillance. This is in turn protected by the Federal Constitution and also by the European Convention on Human Rights. The complainants could not denounce any individual measures, but would have to challenge the entire cable investigation system in the absence of further information. Those affected who feel that their basic rights have been violated can now turn to the European Court of Human Rights in Strasbourg.

Conclusion: National courts must check compliance with fundamental rights

Complaints about fundamental rights that have not been observed must not simply be thrown out, as the Federal Supreme Court's ruling now shows. For example, data has to be protected and every citizen has the right to informal self-determination. That in turn is not possible with a mass scanning of the communication under intelligence aspects, especially since the citizens cannot even get information about the data stored about them. With the current technical means, however, it is not possible to exclude individual persons from the surveillance, because only the comprehensive surveillance of communication can be profitable for the purposes of the secret services. But if this is actually not possible and all communication has to be monitored at all times, this cannot be reconciled with the basic right and the cessation of cable surveillance could be the only effective means to protect basic rights.

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Revision of legal options: do class actions threaten the Swiss legal system?

Revision of legal options: do class actions threaten the Swiss legal system?

The subject of class actions has preoccupied the Swiss, who are in some way involved with the judiciary, for a long time. Now experts see the Swiss legal system threatened by class actions. Right?

Class actions damage the? Successful Switzerland model?

At the beginning of 2020, the Federal Council removed the instruments for so-called collective legal protection from the planned revision of the code of civil procedure. It was about the class actions that have often been called for, which undoubtedly have real advantages for consumers. But there are also disadvantages, because the Swiss legal system is not called a successful model for nothing. A separate draft law on class actions is now to be presented by the end of 2021.

At the beginning of December 2020, the Federal Commission for Consumer Issues invited to a discussion on the subject of class actions. It was about their meaning and their meaningfulness or whether there was any. In addition, it should be clarified at the same time whether a Swiss-wide regulation should be created. The economy is not very positive about this matter and has regularly fought corresponding proposals in the past. She was pleased that collective redress had been removed from the revision of the Code of Civil Procedure.
It is now clear, however, that the Federal Council should prepare a separate template by the end of this year, which will address the issue of class actions. The economy still rejects the introduction of such instruments and will in all probability oppose it vehemently.

Wealth only without class actions?

Critics of the class actions are of the opinion that Switzerland would only have achieved a successful model because there was no collective legal protection. The country's prosperity is due to a functioning economy, without which there would be no jobs, no infrastructure and no social security. Thus, it is required not to change anything in the previous successful model in order to be able to maintain exactly this. For critics, balanced legislation, which also relates to procedural law, is one of them. There is even talk of? Enemy images? and "bias" when it comes to class actions. So it is wrong to change the law just because a few Swiss companies are behaving incorrectly. Criminal law against these black sheep of the economy already exists and there is no reason to change it. Because: In Switzerland there is also corporate criminal law, which is not common in other countries. In addition, the supervisory law must be taken into account, which is intended to prevent grievances. Furthermore, the ombuds system should be mentioned, with which many disputes can be resolved professionally, inexpensively and, above all, quickly. Those responsible from the business world are now asking: Should all of this really be given up because collective legal protection is to be integrated?

The consumers are in charge

However, it is not the economy alone that decides on the applicable law; consumers usually have the greatest leverage. In any case, they often have far more rights than they are even aware of. Companies need a good reputation so that they can continue to be successful or so that this is possible in the first place. Do the companies get their reputation from the consumers? if they deny a good reputation, the company will be in poor shape in the future. Some industries are also well organized in terms of self-regulation. Consumers use enormous leverage and can make the misconduct of companies public. An example of this are various Internet platforms on which a company valuation is possible. In some cases, companies are more likely to be protected than consumers, and from a purely legal point of view, these platforms are not always ideally positioned.

Conclusion: collective legal protection as a double-edged sword

On the one hand, consumers are demanding more and more rights and more opportunities to enforce these rights. On the other hand, there are companies who see themselves threatened by the demand for a collective legal system that offers the possibility of class actions. The latter assume that consumers already have enough leverage to steer companies in the desired direction. Cases such as the VW emissions scandal, in which so many consumers were harmed and no compensation were received, are likely to be decisive for the demand for a class action lawsuit. Here the possibility of class action would have resulted in more fairness for consumers. Accordingly, both sides are to be understood and both the demand and the rejection of collective redress becomes understandable.

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Rent deposit paid: But there is no repayment

Rent deposit paid: But there is no repayment

Anyone who has rented an apartment and cancels it usually expects the deposit that was once paid to be released as quickly as possible. But what if the landlord doesn't want to release them?

Rent deposit as security for the landlord

Why the landlord requires a deposit when an apartment or house is rented out is clear: The rental deposit is used if the tenant leaves damage to the rented property and does not want to repair it. The landlord can then use the money from the deposit to repair this damage. If the tenant moves out and there is no damage, the landlord must return the deposit immediately. The usual deadline for the return of the deposit is 30 days.

The landlord does not pay the deposit

Usually the deposit is deposited in a bank account, according to the law. This account is a so-called blocked account, from which the money is transferred to the tenant when the termination agreements have been signed by the landlord and tenant. The landlord has to certify that the takeover has been flawless, after which the money can be paid out. If he does not comply with this obligation, the tenant can send a registered letter to the landlord and send the request to release the account. The account and amount of the deposit should be mentioned again in the registered mail. In addition, the deadline for the release should be stated. If the landlord refuses to release the account, the next point of contact is the arbitration authority.

However, it may now be the case that the landlord is right to withhold the money. This is the case if the tenant has left behind damage that must first be repaired. The landlord has the right to wait for the bills from the craftsmen and can pay them from the deposit. Then the tenant receives a final invoice. The deadline for the landlord is three months, but the tenant may, upon request, see the invoices. If the final bill is to be objected to, the objection must be sent in writing to the landlord.

If the final invoice is understandable and the termination agreement has been duly signed, some landlords still do not pay the deposit. Now the legal department of the account-keeping bank is the right contact, whereby the bank can release the deposit at the earliest after one year if the landlord has not given consent.

Conclusion: rent deposit has to be paid

The rental deposit must be deposited in a blocked account, the release of which must be initiated immediately after the necessary documents are available. The landlord has the right to withhold the deposit in whole or in part if the tenant has caused damage to the rented property that must first be repaired. After the final invoice has been sent, the account must be released. If that doesn't happen, the bank's legal department is the next point of contact for the former tenant, and the money must be paid out within a year.

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Legal expenses insurer: The wave of lawsuits continues

Legal expenses insurer: The wave of lawsuits continues

Legal protection insurers have been unable to save themselves from inquiries since the outbreak of the novel coronavirus. Above all, legal questions about the workplace, canceled trips and shopping on the Internet are right at the top of the inquiry list.

Enormous increase in the need for legal clarification

The Axa Group stated that there were around 20 percent more inquiries in the first eight months of 2020. The legal expenses insurer Axa-Arag, as the largest insurer of its kind in Switzerland, named this figure. In March alone there was an increase of around 42 percent. The Touring Club Switzerland also feels an enormous need for clarification, and inquiries are also increasing here. Around every tenth request is related to legal issues relating to the corona pandemic.

Often the inquiries concern labor law, with short-time working being the focus of interest. Can short-time work be ordered, what about the wages and how do I get back to my normal working hours? These and other questions need to be clarified, whereby the focus was also on incorrect accounting for short-time work.

Many companies fired their employees and justified the termination with an in-house decline in orders due to Corona. The instruction to work in the home office also led to numerous inquiries from insurers. Many workers wanted to know if their employer could force them to work in the office when they were so afraid of infection. Others wanted to achieve the opposite and go back to work, although the boss advised against it. What is legal and what rights does the boss have in this regard?

Great need for clarification in the travel sector

Many people had booked a vacation that had to be canceled thanks to Corona. Here, too, Axa-Arag stated that inquiries about travel rights had actually doubled compared to the previous year. The Touring Club Switzerland even stated that inquiries had increased by around 60 percent. Some vacationers want to cancel their flight themselves, but have been warned not to. In that case, they could be left at their expense. Any claims will not be paid to those who cancel a flight on their own!

Other topics included canceled hotel and package tour bookings, overnight stays booked through Airbnb and possible refunds.

In addition to the travel sector, shopping on the Internet was more frequently affected by inquiries, and the courts were concerned with numerous lawsuits against sellers. It was about money losses due to paid and not delivered goods and about defective or defective goods deliveries. Tip from the experts: Avoid dubious shops and be sure to find out about the seriousness of the retailer first via known rating platforms.

Conclusion: complaints about complaints in the corona crisis

The corona crisis is very preoccupying for people in Switzerland and is leading to extreme uncertainties with regard to work, travel or online shopping. Legal expenses insurers are currently confronted with a flood of inquiries that will continue to grow. In addition, a wave of lawsuits is rolling towards the courts, which has so far received little attention as a by-product of the Corona crisis.

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VW sham engines: wave of lawsuits in Switzerland ended

VW sham engines: wave of lawsuits in Switzerland ended

The Federal Supreme Court has now come to an end and denied the Foundation for Consumer Protection the ability to take legal action. The wave of lawsuits in Switzerland has now ended and there will be no more compensation.

Federal court ruled on the litigation capability

The Foundation for Consumer Protection stood up until August 2020 for around 6,000 motorists who had been cheated by the VW cheat engines. The foundation wanted to achieve compensation that should go to those affected by the manipulation of the exhaust gas values. But now the Federal Supreme Court has denied the foundation's ability to take legal action, thus putting an end to the long-standing debates and demands. The verdict now clearly shows how little protected consumers in Switzerland really are. There does not seem to be any legal protection even for such obviously illegal things. This is how consumer protection expressed itself in its press release after the court ruling.

While in other countries VW was condemned for its approach and had to pay compensation there, the Swiss are said to be denied this. VW already had to pay billions for cheating! The Foundation for Consumer Protection is now concerned with ensuring that the class action procedure is firmly anchored in the Swiss legal system.

Incomprehensible judgment?

The managing director of the Foundation for Consumer Protection stated that it was incomprehensible why the judgment of the Federal Supreme Court was issued in this form. However, the judgment is now clear and was probably declared a failure because of formal questions. The VW emissions scandal must now be settled in Switzerland for procedural reasons. The courts were unable to examine VW and AMAG's obligation to pay compensation.

Around 170,000 car owners are affected by the cheating in Switzerland alone, but only 6,000 of them joined the class action lawsuit. The fact that the Foundation for Consumer Protection, which is supposed to help in precisely such cases, has now been unable to do anything or achieve anything, according to its managing director, only shows that collective legal protection absolutely needs to be strengthened again.

Consumers in Switzerland are currently exposed to the machinations of the companies without any further protection and have to rely on their own financial resources if they want to defend themselves. But not everyone can do that, especially since every process involves a certain financial risk. Anyone who cannot or does not want to accept this is left with their damage.

Collective legal protection has now simply been removed from the code of civil procedure, which just underlines the need for the Foundation for Consumer Protection, the legal remedy? Class action? to finally strengthen it further or to establish it at all. Nowadays, the class action is seen as almost indispensable and yet it is not anchored in the Swiss legal system.

This should be fixed in the future. The ways in which the class action will now become legally legitimate and what the foundation would like to do about it has not yet been clarified. The fact is, however, that VW got away with it and was able to enjoy the backing of the legal system in Switzerland with its cheating.

Conclusion: No more wave of lawsuits about VW

VW apparently got off well with its exhaust cheating in Switzerland, because the legal remedy of the class action is not anchored here. This means that such a lawsuit has no justification, which was shown by the rejection of the class action filed on behalf of 6,000 victims. The Federal Supreme Court denied that the Foundation for Consumer Protection was able to take legal action. This now wants to fight to ensure that the class action is firmly anchored in the legal system of Switzerland.

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Do you need legal protection insurance?

Do you need legal protection insurance?

Not always all disputes can be resolved in all goodness and from time to time there are legal disputes. Some of them end up in court and legal representation is required. This in turn can be expensive! Now would legal protection insurance be good? or not?

What is included in legal protection insurance?

Contrary to popular belief, legal expenses insurance does not include everything. On the one hand, the costs are only paid up to the contractually agreed amount and not unlimited. The insurance covers, for example, costs for advice from and representation by a lawyer, legal costs, compensation, costs for translations or bail bonds.

The latter are not really covered by any insurance, they are only granted as an advance. Legal cases that occur or are negotiated abroad are significantly more expensive, but at the same time are usually less well covered by the insurers. The sums insured are lower.

Legal protection insurance costs between 130 and 290 francs a year if the insured is single and 30 years old. Family insurance costs between 150 and 350 francs a year.

Do you really need legal protection insurance?

The question has to be asked differently: How big is the risk of getting involved in a legal dispute? For example, if you live next to belligerent neighbors and can expect to be sued for every little thing, you certainly need such insurance more than someone who stays out of all disputes and is not otherwise involved in trouble.

At the same time, the range of insurance companies is huge and the advertising promises great: It seems that every legal case can be insured! Of course, this is not the case and it is not uncommon for legal protection insurance to fail in precisely the case in which it is to be claimed.

Benefits are usually excluded, especially in family and inheritance law matters as well as in the area of tax law.

However, it always makes sense to have legal protection insurance for traffic, which is also recommended for constant pedestrians. However, insured persons should make sure that they do not have double insurance, because that becomes unnecessarily expensive and does not help in an emergency.

Important to note: As a rule, legal protection insurance has a waiting period. This means that the insurance will not be paid if a legal dispute was pending when the insurance was taken out. So anyone who quarrels with the other party involved in the accident no longer needs to take out legal protection insurance. This would not help a bit, because the waiting period is usually at least three months.

Conclusion: Legal protection insurance is not absolutely necessary

Legal protection insurance promises a lot, but does not keep everything. The reason is that the advertising suggests taking over numerous legal cases, but at the same time the most important areas are excluded. In particular, insurers do not pay in areas of law in which disputes are particularly frequent and can be very expensive.

Tax law, family law and inheritance law are the three areas of law in which people quarrel the most and which insurers do not benefit from. Otherwise, legal protection insurance is recommended for all those people who are at high risk of getting involved in legal disputes.

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Legal protection insurance: really everything insured?

Legal protection insurance: really everything insured?

Most Swiss people who have legal expenses insurance feel well protected. Far from it, unfortunately, the protection does not extend nearly as far as it should. Many areas of law are not covered at all.

The injured feel they are right

In most cases, anyone who suffers damage feels right. This applies to tenants who struggle with constant mold growth on the walls in their apartment. This also applies to the driver of a rented car who was involved in an accident through no fault of their own. Or someone would like to build a house and cannot start because the neighbors keep objecting and delaying the start of construction.

At first glance, the injured party is right, but the insurance company simply does not want to pay! Now it is not uncommon for a court case to be sought that is about the case law. But anyone who has ever had something to do with a trial in court knows that being right and being right are two different things. Legal proceedings are expensive and can quickly run into several thousand francs.

Even if the injured party is right, he still has to make an advance payment for the costs of legal proceedings, whereby the advance payment alone can quickly end up in the four-digit range. The advance payment will vary depending on the amount in dispute and the canton. But it will always be expensive! If processes are carried out through all three instances in Switzerland, CHF 100,000 or more can quickly come together.

Even those who win the process have to bear a high share of the costs, because the difference in costs that the loser cannot pay is usually passed on by the court to the other parties involved in the proceedings. So it is not surprising that many Swiss take out legal expenses insurance and henceforth believe that they are above all safe from costs. But this is not the case.

Legal protection insurance is more likely to mediate

It seems understandable that legal expenses insurance does not want to pay immediately. After all, the premiums for this insurance usually cost less than a single hour a year with a lawyer. Therefore, disputes that occur particularly frequently are often excluded. Examples of this are disputes in family law or inheritance law, these tend to get out of hand and lead to lengthy and, above all, cost-intensive disputes in court.

Personal and tax law are also not covered by legal insurances, although there are usually a few providers who cover these areas, sometimes at very high sums.

Legal protection insurance is offered as individual private legal protection or as traffic legal protection or as a combination of both types of insurance. Usually the package is cheaper, so it is also taken out more often. Traffic legal protection insurance can also be important for pedestrians or cyclists, because they are also considered road users.

In view of the fact that so many areas are not covered at all, legal protection insurance makes only limited sense. Experts advise that the existence-threatening risks such as death, disability, household effects and liability should be covered, and only then should legal protection insurance be considered.

However, this not only prevents disputes by, for example, only paying for mediation, but also the free choice of a lawyer. There is now no longer any insurance in Switzerland that allows a free choice of lawyer.
In addition, insured persons must observe the waiting period: Anyone who is already involved in a legal dispute can no longer take out legal protection insurance and claim its benefits for an ongoing case.

This is precisely what the waiting period is intended to prevent without disputes between the insured and the insurance company.

Conclusion: Legal protection insurance does not always ensure justice

The insurance companies are happy to sell special products within the legal protection insurance, which are intended to ensure that the insured person gets his or her rights in individual cases. In most cases, however, this will not be the case and the insured will at most get the first hour of advice from the lawyer replaced by the insurance.

Many areas of law are excluded by the insurance, these are precisely those in which disputes occur particularly frequently. In this respect, legal protection insurance is certainly one of the most easily dispensable types of insurance.

Personal liability insurance is also a kind of passive legal protection insurance, it at least fends off unjustified claims by third parties. In addition, many areas of law are already included in other insurance policies, so legal protection insurance is only recommended to a limited extent.

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