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Emergency

Legal expenses insurer refuses coverage? Push back

You need the coverage commitment from your legal expenses insurer, but it refuses, often with the reasoning 'no sufficient prospects of success' or 'frivolous'? That is not the last word. You have ways to have the rejection reviewed.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

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Your chances of getting your money back

If the insurer refuses coverage due to a lack of prospects of success or frivolousness, you can demand a 'binding opinion': your lawyer gives a reasoned statement that is binding on the insurer, unless it obviously deviates significantly from the factual and legal situation (§ 128 VVG).
In addition, there is the free insurance ombudsman as a mediation body. Also check whether the dispute is covered at all by the scope of benefits and waiting periods.

What you should do now

  1. 1

    1. Read the rejection

    Why is it rejected: prospects of success, frivolousness, waiting period, excluded area? That determines the path.

  2. 2

    2. Initiate the binding opinion

    For 'no prospects of success/frivolous', ask your lawyer for a reasoned statement (binding opinion, § 128 VVG).

  3. 3

    3. Object in writing

    Object to the rejection and demand the coverage commitment with a deadline.

  4. 4

    4. Ombudsman/advice

    If that does not help, involve the insurance ombudsman or get legal advice.

Frequently asked questions

What can I do if the legal insurer says 'no prospects of success'?

You can demand a binding opinion (§ 128 VVG): your lawyer gives a reasoned statement on the prospects of success that binds the insurer, unless it obviously deviates significantly from the actual factual and legal situation. Alternatively or additionally, the insurance ombudsman helps.

Does the binding opinion cost me anything?

The costs of the binding opinion are usually borne by the insurer. That is exactly what the procedure is intended for: it should allow you to have a rejection based on allegedly missing prospects of success reviewed independently, without bearing the cost risk yourself.

Take action now

We put together the ready-made texts and the right places to contact for you.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.