Can I choose my own lawyer if I have legal expense insurance?
Do you have legal expense insurance? If so, you’re always guaranteed assistance should you find yourself in a legal dispute. For example, your insurer will help you hire a lawyer. But with legal expense insurance, are you allowed to choose your own lawyer, or is one chosen for you?
Free Choice of Attorney
A legal dispute can arise unexpectedly, for example, due to a traffic or workplace conflict. With legal expense insurance, you’re always guaranteed legal assistance. Your insurer will then help you resolve the dispute. Often, the conflict can be resolved simply by having your insurer send a letter or by bringing in a mediator. Has the conflict already escalated too far? In that case, your insurer may decide that legal proceedings are necessary.
Choosing a Lawyer Yourself
Insurance companies employ their own legal counsel and attorneys to handle such situations. They will offer you an attorney who works for their organization. However, you are not required to choose that attorney. If you have legal expense insurance, you are always free to choose your own attorney. This is known as the right to free choice of attorney.
Attorney before the small claims court and the civil court
The right to freely choose a lawyer applies only if your insurer decides to pursue legal action. In the event of a legal dispute, hiring a lawyer is not always mandatory. Whether it is necessary depends on the type of dispute. Is it a traffic-related dispute, such as a traffic violation? In that case, the matter will be heard by a small claims court, and a lawyer is not required. If the case goes before a civil court—for example, in a neighborhood dispute involving a substantial monetary claim—then hiring a lawyer is mandatory.
Asking for Permission
During legal proceedings, you always have the right to your own attorney. Your insurer can never deny you that right. You do, however, always need to ask your insurer for permission. This is merely a formality, though, because an insurer cannot deny you the right to your own attorney if you have legal expense insurance.
Attorney Fees and Compensation
Every insurer includes a maximum amount for external costs in its policy terms and conditions. The amount varies by insurer. However, with most insurers, the reimbursement for external costs is reduced if the costs are deemed non-essential. If you choose your own lawyer, even though your insurer has provided one, they will consider this a non-essential expense. When you choose your own lawyer, it costs your insurer more than if their own lawyer were handling the case. That is why, when you hire your own lawyer, fewer costs are typically reimbursed.
Incidentally, this isn't the case with every insurer: with some, the amount remains the same. Therefore, always check the terms and conditions of your legal assistance insurance to see up to what amount your own attorney will be reimbursed.
Purchase Legal Expense Insurance
Don't wait too long to take out legal expense insurance. Most insurers have a waiting period of 3 to 6 months. This means you won't be able to use the insurance right away, and ongoing disputes are also excluded from coverage.
That’s why it’s wise to plan ahead. After all, a legal dispute can arise unexpectedly—for example, while driving, at work, or with your neighbors. With legal expense insurance, you’re guaranteed professional legal assistance as soon as you need it.
Would you like to be able to choose your own attorney? Then opt for legal expense insurance that allows you to choose your own attorney. At Alpina.nl, you can easily compare different insurers and purchase the policy that best suits your needs directly online.
Professional Liability Insurance for Attorneys
Professional liability insurance for attorneys covers various types of professional risks. For example, it covers liability for damages suffered by a client that result from negligence, errors, omissions, or carelessness. In short: coverage for the risks you may face as an attorney.
That’s why Cheapp.nl lets you compare professional liability insurance policies from well-known insurers and purchase them directly online. With just a few clicks, we’ll show you a clear overview of the insurers with the best offers, including the corresponding premium. Clear, quick to arrange, and at the most competitive rate.
So, compare our professional liability insurance policies for attorneys below and purchase your policy directly online.
Frequently Asked Questions About the Free Choice of Attorney
What does "free choice of attorney" mean?
If your insurer decides that legal action is necessary, you are always free to choose your own attorney. Your insurer can never require you to use an attorney from their organization.
When should you hire a lawyer?
Not every legal dispute requires a lawyer. In a traffic case before the magistrate’s court, a lawyer is not required. In civil proceedings, such as a neighborhood dispute involving a large monetary claim, a lawyer is required.
What is the maximum amount covered under the free choice of attorney option?
Every insurer sets a maximum reimbursement amount for external costs. If you choose your own attorney even though the insurer offers to provide one, this is often considered unnecessary, and you’ll receive a lower reimbursement. Always check the policy terms and conditions for the exact amount.
See also
- Why Is Legal Assistance Necessary?
- Compare Legal Expense Insurance
- Caravan Insurance Claims
- Does criminal law fall under the coverage of legal expense insurance?
- Legal expenses insurance
- What does family law cover under legal expense insurance?
- What is the cheapest legal expense insurance?
- How much does legal expense insurance cost?
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