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Legal expenses insurance: waiting period and coverage

Legal expenses insurance covers the costs of a legal dispute, but not for everything from the start. For many areas, waiting periods apply. What also matters is when the insured event occurred and whether it falls within the insured period.

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Your chances of getting your money back

Many legal expenses modules provide for waiting periods (often three months), for instance in employment, tenancy, or contract law. Only after they have elapsed is there cover for new disputes.
What is decisive is the time of the insured event. If the triggering breach lies after the start of cover and after the waiting period has elapsed, you have a claim to a coverage confirmation. If the insurer refuses, an examination is worthwhile.

What you should do now

  1. 1

    1. Check the policy

    Look at which modules are insured and which waiting periods apply.

  2. 2

    2. Date the insured event

    Determine when the triggering breach occurred.

  3. 3

    3. Request coverage

    Submit a coverage request and describe the case in full.

  4. 4

    4. Act in case of refusal

    Have a refusal reviewed; an arbitrator's decision may be possible.

How to spot the scam

  • The dispute still falls within the waiting period.
  • The insured event is dated incorrectly.
  • A refusal is accepted without examination.

Frequently asked questions

What is a waiting period in legal expenses insurance?

A period after the start of the contract in which there is not yet cover for certain areas, often three months. This is meant to avoid policies that are only taken out when a dispute is already foreseeable. Some areas, such as traffic, often have no waiting period.

When is the insured event deemed to have occurred?

Generally with the breach that triggers the dispute, that is, the point in time at which one side is said to have breached legal obligations. If this point in time lies before the start of the contract or within the waiting period, there is usually no cover.

What can I do if the coverage is refused?

Have the refusal reviewed against the terms and the dating of the insured event. In case of dispute over the prospects of success, many contracts provide for an arbitrator's decision by a lawyer. A refusal with reasons can often be questioned.

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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.