The legal expenses insurance refuses legal assistance... What now?
You want to make a claim on your legal expenses insurance. You have taken it out for a number of years. Fortunately, you have not had to use it since you have never been involved in a legal dispute. Until now, that is. You have ended up in a conflict with your employer. Due to financial difficulties, you have been dismissed. However, you claim that you are entitled to severance pay. Your employer does not agree and does not want to pay you any compensation.
You decide to go to your insurer for legal help. You present the case to the legal aid department of your insurer, thinking that they will take care of it. When you receive a response, it is not the response you had hoped for. Your application for legal aid is refused.
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 aid insurance refused?
Your legal aid may be refused by your insurer for various reasons. Below is a brief explanation.
Using legal aid too quickly
Insurers often include a clause stating that legal aid may not be claimed for a certain period of time after the policy has been taken out. This is, for example, a period of three months from the effective date.
Cover
Your insurer may refuse your application for legal aid because your dispute is not covered by the insurance. This is because your insurance policy includes clauses about when you are or are not entitled to legal aid.
Chance of success
It may also be that the insurer is of the opinion that your case has a small chance, if any, of succeeding. Your insurer will refuse legal aid.
Own lawyer
Have you chosen a lawyer yourself and do you want the costs reimbursed by your insurer? Then there is a good chance that your insurer will refuse this. This is because they use their own lawyers. This is how they keep the costs relatively low. Calling in an external lawyer involves extra costs.
What can you do about refused legal aid?
If your legal aid is refused, you can always call in a third party. They will give a kind of second opinion on the situation. Often this is an external lawyer or attorney. A lawyer is the better option here, as your insurer is more likely to accept an assessment.
This lawyer may, for example, decide that there is a chance of bringing your dispute to a successful conclusion. Usually, your insurer will then reimburse your legal aid. However, it is possible that they do not agree with the opinion of the lawyer. In this case, you must pay the lawyer's fees in advance yourself. 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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