traffic
- Recovery of Personal injury damages
- Dispute after a collision
- Criminal Case after an accident
free choice of lawyer · Article 4:67 of the Dutch Financial Supervision Act (Wft) · waiting period
Compare personal Legal expenses insurance (legal expenses insurance)
Legal expenses Insurance provides lawyers rather than money. The part that causes most argument is your right to choose a lawyer yourself — and that right goes further than insurers often let on.
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This page in Dutch: Compare private legal expenses insurance.
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- We compare the offerings of several Insurers
- An advisor checks whether the cover suits your situation
- We arrange the switch, including cancellation
A premium indication, not Personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In letter
Legal expenses Insurance gives you a right to legal help in a dispute. Instead of compensation, you get a lawyer who runs the case, including the cost of any proceedings.
The Cover is modular: Traffic, Consumers and housing, Work and income, taxes and assets and Sometimes medical. Almost always there is a waiting period of three months and a minimum financial interest per Case.
The right to free choice of Lawyer is laid down in Article 4:67 of the Wft, which goes back to a European directive. An insurer must expressly record that you may choose your own Lawyer in court and administrative proceedings, and whenever a conflict of interest arises.
What does personal Legal expenses insurance cover?
The structure of the cover in three parts, with an overview per Situation below.
consumers and housing
Disputes about purchases, contractors, neighbors and tenancies.
- Substandard building work
- Dispute with neighbors
- Dispute with a landlord
work and income
Disputes with your employer or a benefits authority.
- Dismissal proceedings
- Claim for unpaid wages
- Dispute with the UWV (the Dutch employee Insurance agency)
What is Covered
| Situation | Covered |
|---|---|
| Dispute with the Contractor about your building work | Sometimes |
| Recovering damages for Personal injury after a collision | Sometimes |
| Dismissal proceedings at the UWV | Sometimes |
| A dispute that was already running when you took out Cover | No |
| A dispute within the three-month waiting period | No |
| Divorce and tax penalties | No |
This overview is general in nature and is not personal advice. What is actually covered, including exclusions, limits and the excess, is set out in the policy conditions and the Insurance card (insurance card) of the insurer; you receive both before you take out Cover. Taking out Cover without advice? Then read what Execution only means for you.
Where things go wrong in practice
Four points that make the difference between a policy that pays out and one that does not.
free choice of lawyer applies more widely than in court alone
On 7 November 2013, in Sneller v DAS, the Court of Justice of the European Union held that you are entitled to a lawyer of your own choosing in any court proceedings, even where legal representation is not compulsory. On 7 April 2016 the Court extended that to administrative proceedings, including Dismissal proceedings at the UWV and an objection procedure against a care assessment decision. An insurer may therefore not stipulate that you only get your own lawyer once it decides the case should be handed out.
In the run up as well
On 14 May 2020 the Court went a step further: the term court proceedings covers every stage that may lead to proceedings, including out-of-court mediation. The disputes committee of Kifid (the financial services complaints institute) endorsed that broad reading for Dutch practice. In practice many Insurers take a more reserved position; it is worth not simply accepting that.
The waiting period is strict, and that is the point
A dispute that arises within the first three months is not covered, and neither is a dispute that was already running or reasonably foreseeable when you took out the policy. That stops everyone insuring themselves only once the dispute is already there. So take out the policy while things are quiet; for building and employment matters some insurers even apply a longer period.
Watch the minimum interest and the limit on costs
Below a certain amount the insurer will not take a case on. And if you choose your own Lawyer, the insurer pays external costs up to a maximum; that amount differs considerably from policy to policy and is decisive in long-running proceedings.
What does your Premium depend on?
- Modules chosen — Traffic, housing, work, tax, medical
- Household composition — single person or family
- Maximum for external costs — the amount available for lawyers and experts
- Personal contribution per Case
- Area of coverage — the Netherlands, Europe or worldwide
- Package discount — combined with other policies
Insurers weigh these details differently. That's why comparing pays off.
How we arrange it
- You Request a quoteWe take stock of your Situation, your risk and your wishes.
- We compareseveral Insurers, on premium as well as conditions.
- You receive a proposalWith an explanation of the differences and the exclusions.
- We arrange the switchIncluding cancellation, so there is no gap in Cover.
9.5New policy
9.8Claims handling
Customers rate our service on four aspects: Personal service, service delivery, availability and the outcome. The reviews are collected and published by NH1816 and come from customers who have actually taken out a policy with Finass Advies B.V. or reported a claim.
Frequently asked questions
The questions we are asked most often about this.
May I always choose my own Lawyer?
In court and administrative proceedings, yes, and that right does not depend on whether the insurer wants to hand the Case out. The Court of Justice decided this in 2013 in Sneller v DAS, and in 2016 it was extended to administrative proceedings such as those at the UWV.
Does that apply before proceedings are under way as well?
According to the Court's judgment of 14 May 2020, the term court proceedings covers every stage that may lead to proceedings, including out-of-court mediation. Kifid endorsed that broad reading. In practice, Insurers often interpret it more narrowly.
May the insurer limit what it pays?
The amount paid towards a lawyer of your own choosing may be capped, and it is. The right to choose, however, may not be taken away. So do not compare on Premium alone, but on the limit for external costs.
Why is there a waiting period?
To stop anyone taking out Insurance at the moment the dispute is already there. The waiting period is usually three months; for a few modules it is longer.
Can a dispute that is already running still be assured?
No. A dispute that was already running or reasonably foreseeable when you took out the policy is excluded, with a new insurer as well.
What is the difference from liability Insurance?
The AVP pays the loss for which you are responsible. Legal expenses insurance provides legal help so that you can enforce your own rights or defend yourself.
Read more
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Request a Quote without obligation. We will look at which insurer best matches your activities and your risk.
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About our Service
Finass Verzekert is a trading name of Finass Advies B.V. We advise on and arrange non-life Insurance on the basis of an objective analysis of several insurers, and receive commission for this from the insurer, which is included in the premium. You pay no separate advice fee. Before you take out cover, we establish your wishes and needs.
You will find our license, Chamber of Commerce and Kifid details and our complaints procedure at the foot of every page.
This page was written and checked by an advisor at Finass Verzekert. Last updated on .
The information on this page is general in nature and is not Personal advice.