Legal expenses insurance refuses legal assistance... Now what?
You want to make a claim on your legal expenses insurance. In fact, you have had it for a number of years. Fortunately, you have not yet had to use it, as you have never found yourself in a legal dispute. Until now. You have ended up in a conflict with your employer. Due to financial difficulties, you are being fired. However, you argue that you are entitled to severance pay. Your employer disagrees and does not want to pay you any compensation at all.
You decide to go to your insurer for legal help. You present the case to your insurer's legal aid counsel, thinking they will take it up. When you receive a response, it is not the one you had hoped for. In fact, your application for legal aid is denied.
What else can you do in this situation? Can you take further steps to obtain legal aid? In this article, Alpina explains what you can do when your claim for legal expenses insurance is denied.
Why is your legal expenses insurance denied?
Your legal aid may be denied by your insurer for several reasons. The following is a brief explanation.
Invoking legal aid too soon
Many times insurers include a clause that legal aid may not be claimed for a certain period of time after closing. This is, for example, a period of three months from the effective date.
Coverage
Your insurer may refuse your application for legal aid because your dispute is not covered by the insurance policy. This is because your insurance policy includes clauses about when you are or are not entitled to legal aid.
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Chances of success
The insurer may also believe that your case has a slim chance, to no chance, of coming to a successful conclusion. Your insurer will deny legal aid.
Your own lawyer
Have you chosen your own lawyer and want to be reimbursed by your insurer for the costs? Then chances are that your insurer will refuse. This is because they use their own lawyers and attorneys. This is how they keep costs relatively low. Calling in an outside lawyer involves additional costs.
What can you do about denied legal aid?
If your legal aid is denied, you can always use a third party. This one will give a sort of second opinion on the situation. Often this is an outside lawyer or attorney. A lawyer is the better option here, as your insurer is more likely to accept an assessment of this.
For example, this lawyer may rule that there is indeed a chance to bring your dispute to a successful conclusion. Often your insurer will then reimburse your legal expenses. However, they may not agree with the lawyer's assessment. In this case, you will have to pay the lawyer's fees yourself in advance. Has the dispute ended successfully for you? Then you can claim the costs of legal assistance from your insurer afterwards.
Get your legal expenses insurance through Alpina: simple and affordable
Are you considering legal expenses insurance? Then take it out now at Alpina! Thanks to our wide range of modules, you will always find the right insurance. Do you have any doubts or questions about our legal expenses insurance? Feel free to contact our customer service. They are ready to answer all your questions.
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