Legal protection: where to find it and what is it for?

What guarantees does the legal protection include and in which contract does it appear? Is it a special option to take out or a guarantee included as standard in an insurance contract? Take stock to stay up to date and familiar with this topic.

Legal protection, a valuable guarantee in the home insurance contract

Usually included

in car insurance or in the multi-risk housing contract (MRH)

, the legal protection is a guarantee that the insured and his household members benefit from in the event of a dispute with a third party. It can be recognized through several names in the contract:

– Criminal defense and appeals

– Legal protection guarantee

This makes it possible to find advice to resolve disputes amicably and to defend the interests of the insured in court, depending on the scope covered.

If it appears in a car insurance contract, it will only concern disputes in connection with the driver’s use of the vehicle; if it is registered in the multi-risk housing cover (MRH), it will only cover disputes relating to the property in question (1).

People who have no home or auto insurance can still take out legal protection directly.

with their insurance company, for a dedicated contribution. There is targeted legal protection (by main area: consumption, health, personal injury, etc.) or general protection covering all areas (except for any exceptions specified in the contract).

Legal protection: when should it be triggered?

Regardless of the stakeholders involved in the dispute, legal protection is useful:

– If the insured’s (tenant or owner) civil liability is committed towards the other party.

– If the insured’s (tenant or owner) civil liability is committed towards neighbors and/or third parties. It can be, for example, a joint owner, a legal person (service provider) etc.

Depending on the origin and causes of the dispute, legal protection can be activated at two levels:

–

The criminal defense:

when the insured is subject to legal proceedings as a result of an event covered by his civil liability.

– Exercise of recourse against the identified responsible third party:

when he accidentally causes bodily injury to the insured or material damage to the insured property.

Note: the legal protection insurer does not indemnify any third party; on the other hand, it is 100% oriented towards legal information and defense of the insured’s interests (2).

What is legal protection and what does it cover?

It can be summarized as

the insurance company’s assumption of the costs associated with handling a claim that has caused a dispute or dispute with a third party

(regardless of whether the insured is responsible or injured):

– costs for legal expertise,

– costs for summons and notification,

– call rates (according to applicable regulations),

– bailiff’s fees in connection with the execution of the decision,

– legal fees (within the limits of the ceilings established for each French jurisdiction).

What limits or exclusions should be aware of in terms of legal protection?

The preliminary examination of the contours of legal protection is possible by deciphering the terms of his contract. Take effect,

there are exceptions

for which it does not or only partially applies:

• An intervention threshold
  
  (level from which the insurance company intervenes): it can apply for certain guarantees and in particular guarantees regarding the insured’s bodily injury and criminal defense and recourse after an accident.

• A limit on warranties
  
  : it often limits the compensation amount per dispute.

• Territoriality
  
  : it can vary the guarantee (for example, by covering only disputes that fall within the jurisdiction of French courts or arise in the rest of the world, provided that the duration of the insured’s stay is limited in time).

• Limitation on the Amount of Attorney’s Fees
  
  .

• Costs incurred without the insurance company’s consent
  
  .

• Expert fees
  
  incurred to verify the reality of the damage the insured has suffered.

• The amounts that the insured must pay
  
  by virtue of a court decision or a transaction relating to the principal and its accessories.

• Certain disputes
  
  .

• Waiting periods
  
  possible.

Legal protection is generally part of car insurance and multi-risk home cover (MRH). Otherwise, it must be taken independently by the insured. It is better to study its scope for a clear apprehension in case of a dispute after a claim. The insured will thus know in which cases he can be accompanied and according to which financial conditions he will be supported if he undertakes legal and administrative procedures.

(1) https://www.service-public.fr/particuliers/vosdroits/F3049

(2) https://www.franceassurances.fr/lassurance-protege-finance-et-emploie/lassurance-protege/lassurance-en-pratique-pour-les-particuliers/assurance-de-protection-juridique/