Does legal expenses insurance allow me to choose my own lawyer?
Do you have legal expenses insurance? Then you are always assured of help the moment you end up in a legal conflict. Your insurer will, for example, help you hire a lawyer. But does legal assistance insurance also allow you to choose your own lawyer or is one chosen for you?
Free choice of lawyer
A legal dispute can happen just like that, for example because of a traffic or labor conflict. With legal assistance insurance you are always assured of legal help. Your insurer will help you solve the dispute. Often the conflict can already be resolved by sending a letter from the insurer or by hiring a mediator. Has the conflict already escalated too far? Then your insurer may decide that legal proceedings are necessary.
Choosing your own lawyer
Insurers employ their own lawyers and attorneys for such situations. They will offer you a lawyer employed by their organization. However, you are not required to choose this lawyer. You may always choose your own lawyer with legal expenses insurance. This is the right to free choice of lawyer.
Lawyer before district and civil courts
The right to free choice of lawyer only applies if your insurer decides to take legal action. This is because in the case of a legal conflict, engaging a lawyer is not always mandatory. Whether it is necessary depends on the type of conflict. Is it a traffic conflict, such as a traffic violation? Then the case will go before the district court and a lawyer is not required. If the case goes to a civil court, for example in a neighbor dispute with a large monetary claim, a lawyer is mandatory.
Requesting permission
During legal proceedings, you always have the right to your own lawyer. Your insurer can never deny you that. However, you should always ask your insurer for permission. However, this is only a formality because an insurer cannot deny you the right to your own lawyer if you have legal expenses insurance.
Attorney fees and reimbursement
Each insurer has included a maximum amount for external costs in the policy conditions. How high this amount is varies by insurer. With most insurers, however, the reimbursement for external costs drops if they are non-emergency costs. So if you choose your own lawyer, while your insurer provides one, they will see this as not strictly necessary costs. When you choose your own lawyer, it is more expensive for your insurer than if their own lawyer handles the case. Therefore, when you use your own lawyer, they often reimburse you for fewer expenses.
However, this is not the case with every insurer: with some, the amount remains the same. Therefore, always check the terms and conditions of your legal expenses insurance up to what amount your own lawyer will be reimbursed.
Taking out legal expenses insurance
Don't wait too long to purchase legal expenses insurance. Most insurers apply a waiting period of 3 to 6 months. This means that you cannot use the insurance immediately and ongoing conflicts are also excluded from coverage.
Therefore, it is wise to think about it in time. After all, a legal conflict can arise unexpectedly, for example in traffic, at work or with your neighbors. With legal assistance insurance, you are assured of professional legal help as soon as you need it.
Want to be able to choose which lawyer will assist you? Then choose legal assistance insurance with free choice of lawyer. On Alpina.nl you can easily compare the different insurers and take out the insurance that suits you best online.
Professional liability insurance for lawyers
Professional liability insurance for lawyers covers various types of professional risks. Among other things, it covers liability for damages suffered by the client caused by negligence, error, omission or negligence. In short, coverage for the risks you may face as a lawyer.
At Cheapp.nl you can therefore compare professional indemnity insurances from well-known insurers and take out a policy directly online. Within a few clicks we show you a clear overview of the insurers with the best offer, including the corresponding premium. Clear, quickly arranged and at the most competitive premium.
So compare our professional liability insurance policies for lawyers below and purchase your insurance directly online.
Frequently asked questions about free attorney choice
What does free attorney choice mean?
If your insurer decides that legal action is necessary, you may always choose your own attorney. Your insurer can never force you to use an attorney from their organization.
When to hire a lawyer?
Not every legal conflict requires a lawyer. In a traffic case before the district court, it is not required. However, in a civil action, such as a neighbor dispute with a high monetary claim, a lawyer is required.
Up to what amount covered with free attorney choice?
Each insurer has a maximum reimbursement amount for outside expenses. If you choose a lawyer yourself while the insurer offers one, this is often seen as not necessary and less will be reimbursed. Always check the policy terms for the exact amount.
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