Everything you need to know about the legal protection guarantee
Whether for a simple legal question or in the event of a dispute with a third party, the legal protection guarantee allows you to be fully informed about your rights and assists you in the most sensitive situations. In this article, find out the basics of what you need to know about legal protection coverage.
Legal protection: a guarantee that is not compulsory, but very useful
Unlike civil liability coverage (or liability coverage), legal protection is not mandatory. However, it can be particularly useful in certain situations.
A useful guarantee on a daily basis
The legal protection guarantee allows its beneficiary to be advised in the context of a dispute being formed, but also to be supported in the event of legal action. Legal protection can make it possible to avoid the initiation of a trial, and to be accompanied in its decisions and procedures.
Obtain legal information
The guarantee of legal protection can give you access to information of a legal nature, even in the absence of a dispute or litigation between you and a third party. Concretely, you have the possibility of joining a dedicated team set up by the insurer. This will inform you about your rights and procedures, and will help you to best protect your interests.
Resolve a daily conflict
You benefit from personalized advice through a telephone interview with an advisor. The legal protection guarantee can thus help you find an amicable solution in a dispute between you and a third party - such as a neighbor - by helping you to take a step back from a given situation or by giving you visibility on the next steps, in particular with a view to legal action.
On a practical level, legal protection insurance can also provide you with the legal references of the texts that protect you or provide you with various tools such as model letters.
To be represented and defended in legal proceedings
Legal protection coverage may lead the insurer to take legal action on your behalf:
If you take legal action against a third party who has harmed you
If you yourself have been implicated in legal proceedings initiated by a third party who considers themselves to be the victim of damage for which you have been held responsible.
It is strongly recommended that you consult your insurer before initiating any legal proceedings. If the insurer believes that the chances of winning a lawsuit are very low, it may indeed object to the lawsuit. He will then offer you an alternative solution, such as mediation or arbitration. In many cases, an amicable settlement can be more attractive because it is faster, simpler and less expensive than legal proceedings.
What is the difference between legal protection and legal aid?
Legal protection should not be confused with legal aid. The latter is public aid, allocated by the legal aid office according to means-tested criteria. The declaration of resources is not requested in certain specific cases, in particular when the beneficiary receives a social benefit (Aspa, RSA socle, Ata) or has suffered a serious crime (acts of torture and barbarism).
Unlike legal protection, therefore, not everyone has access to legal aid. However, legal protection and legal aid have a few things in common:
Concerning the nature of the expenses covered. While legal protection makes it possible to cover - to a certain extent - the costs of legal proceedings, legal aid makes it possible to benefit from full or partial payment by the State of legal fees and costs.
Concerning the rights of beneficiaries. In both cases, the applicant can thus freely choose his lawyer. However, in the case of legal protection such as legal aid, legal fees are subject to ceilings set by the insurance.
Finally, it should be noted that legal protection insurance is not compatible with legal aid. A law of July 10, 1991 on legal aid introduced a principle of subsidiarity. A person eligible for legal aid cannot claim it if he or she already enjoys legal protection. Exceptions to this principle of subsidiarity are tolerated if the victim's legal protection contract does not cover the costs of the trial or if the insurance contract only allows partial payment.
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