(Photo credit: Adobe Stock – home insurance legal protection)
What guarantees does the legal protection include and in which contract does it appear? Is it a special option to subscribe or a guarantee included by default in an insurance contract? Take stock of being current and comfortable with this topic.
Legal protection, a valuable guarantee in the home insurance contract
Commonly included
in auto insurance or in the multi-risk home contract (MRH)
, legal protection is a guarantee which the insured person and his family members benefit from in the event of a dispute with a third party. It can be recognized by several names in the contract:
– Criminal defense and appeal
– Guarantee of legal protection
It allows you to find advice for the amicable resolution of disputes and for the defense of the interests of the insured in court, depending on the area covered.
If it appears in an auto insurance contract, it will only cover disputes relating to the use of the vehicle by the driver; if you are subscribed to the multi-risk home insurance (MRH), it will only cover disputes relating to the property in question (1).
Individuals who do not have home or car insurance policies can still take out legal protection directly.
with your own insurance company, for a dedicated contribution. There are targeted legal protections (for large areas: consumption, health, personal injury, etc.) or general protections that include all areas (subject to any exclusions specified in the contract).
Legal protection: when should it take effect?
Regardless of the stakeholders involved in the dispute, legal protection is useful:
– If the civil liability of the insured (tenant or landlord) is committed against the other party.
– If the civil liability of the insured (tenant or landlord) is committed towards neighbors and/or third parties. This can be for example a co-ownership, a legal entity (service provider) etc.
Depending on the origin and causes of the dispute, legal protection can be activated at two levels:
–
The criminal defence:
when the insured is the subject of a proceeding resulting from an event covered by his civil liability.
– The exercise of recourse against the identified third party responsible:
when it accidentally causes personal injury to the insured or material damage to the insured thing.
Note: The legal protection insurer does not indemnify third parties; on the other hand it is 100% oriented towards legal information and the defense of the interests of the insured (2).
What is legal protection and what does it cover?
It can be summed up as
assumption by the insurer of the costs incurred in the management of a claim that has given rise to litigation or litigation with a third party
(whether the insured is responsible or victim):
– costs of legal consultancy,
– summons and notification costs,
– call costs (according to current legislation),
– bailiff’s fees related to the execution of the decision,
– legal fees (within the ceilings defined for each French jurisdiction).
What are the limits or exclusions to know in terms of legal protection?
Preliminary study of the contours of legal guardianship is possible by deciphering the terms of its contract. Indeed,
there are exceptions
for which it does not apply or only partially:
-
An intervention threshold
(level from which the insurer intervenes): may request certain guarantees and in particular that concerning the bodily harm of the insured and the criminal defense and the appeal following an accident. -
A limit of guarantees
: Often limits the amount of litigation compensation. -
Territoriality
: the guarantee may vary (for example by covering only disputes falling within the jurisdiction of the French courts or that occur in the rest of the world provided that the duration of the stay of the insured is limited in time). -
Limitation on the amount of legal fees
. -
Costs incurred without the consent of the insurer
. -
Fees for experts
incurred to verify the reality of the damage suffered by the insured. -
The amounts payable by the insured
by virtue of a judicial decision or settlement with respect to the principal and his accessories. -
Certain controversies
. -
Waiting periods
possible.
Know
Focus on Alabri
3 key figures on the legal protection included in the home insurance offered by Boursorama Alabri:
• Activation threshold: for any capital request exceeding € 230 including taxes,
• Litigation limit: €6,000 including taxes,
• Territoriality: Applicable in disputes under French jurisdiction or occurring worldwide during stays of less than 3 months.
Legal protection is usually a component of auto insurance and home multi-risk (MRH) coverage. Otherwise, it must be taken over independently by the insured. It is better to study the scope of its application for a firm detention in the event of a dispute following an accident. The insured will thus know in which cases he can be accompanied and according to which economic conditions he will be supported, if he undertakes legal and administrative procedures.
Browse our home insurance special file
(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/
.
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