A remedy that allows the insured, victim of damage, to solicit his insurer to establish a claim vis-à-vis the person responsible for damage or his liability insurer. The legal protection insurer will never take responsibility for:
Fines and sums of any kind that the insured would be obliged to pay to the opponent:
- convictions in principal and in interest
- Example: You are sentenced by the local judge to a fine of 1500 dollars
- damages and other compensatory allowances
- the costs (except contractual stipulation to the contrary) Example: the costs of translation of the acts when this is made necessary by the law or by an international commitment; The allowances of witnesses; Remuneration of technicians
Convictions handed down under Article 700 of the Code of Civil Procedure:
- Example: the lawyer’s fees (other than those due under the application rate)
- the costs of the bailiff’s reports drawn up for the purposes of the procedure before its introduction
- the costs of consulting an out-of-court specialist (ie not appointed by the court), for example a doctor, an expert in electricity or building
- travel expenses of a party when his home is away from the court
- the costs related to the administrative procedures that she had to perform before her trial, photocopying fees, copy of official documents.
- the surplus of fees conditioned by the result of the procedure
Expenses incurred without the consent of the insurer, to obtain reports from bailiffs, amicable appraisals or any other supporting documents as evidence necessary for the management of the file, except in case of emergency.
- However, the insured must justify the urgency of having requested them.
- Example: action to interrupt a prescription, action to preserve evidence that is about to disappear, action to stop imminent harm.
What is the difference between the legal protection insurance coverage and the liability insurance coverage?
When the insured’s civil liability is incurred, the insurer, under a third-party liability insurance cover, in particular in the multi-risk home insurance contract, shall, within the limits of its guarantee, cover the damages and interest to which the insured is sentenced. You can consult the personal injury lawyers in pittsburgh for these matters.
Example: the insured accidentally drops someone into the street. The material and bodily damages are estimated at 5000 dollars. All of its expenses, excluding deductibles and exclusions of conventional or legal guarantees, are covered by the insurer.
The guarantee of legal protection does not in any case to bear the expenses related to the damages and interests in the event of condemnation recognizing the responsibility of the insured.
Another fundamental distinction must be mentioned here, the insurer who intervenes under a civil liability guarantee has the direction of the trial in which you can be brought before both civil and criminal courts. In legal protection insurance, you are, supported or not by a legal counsel of your choice, alone in charge of the direction of your trial. The bodily injury lawyer is the best option now.
Contract or separate chapter?
Article L. 127-2 of the Insurance Code provides that the legal protection insurance shall be the subject of a contract separate from that established for the other branches or of a separate chapter of a policy with indication the contents of the legal protection insurance and the premium.