For an annual fee, the user subscribing to a legal protection contract benefits from insurance allowing him, in the event of a dispute or legal proceedings, to obtain assistance from his insurer by providing legal information. and payment of lawyer's and expert's fees to ensure his defence.
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But in practice, the user may come up against several obstacles in the implementation of his guarantees.
In general, intentional traffic offenses are not covered by the PJ contract.
The contract may also mention other restrictions, such as an intervention threshold (minimum damage), a guarantee ceiling, etc.
Please note that the dispute for which coverage is requested must be prior to the subscription of the insurance contract.
It happens, if not, often that the PJ subordinates the handling of the file to its assessment of the file, thus arrogating to itself the sole right to trigger or not the insurance guarantee.
This is often the sticking point of this guarantee.
The courts hold that the insurer has the right to assess the advisability of initiating the legal action desired by the insured and that it is up to the latter, in the event of disagreement with the insurer, to resort to the arbitration procedure contractually provided for.
If the insured has initiated litigation proceedings at his own expense and obtains a more favorable solution than that which had been proposed to him by the insurer, the latter must compensate him for the costs incurred for the exercise of this action.
Finally, be aware that if the legal protection organization works regularly with lawyers, it cannot impose a lawyer from its network.
The insured has the freedom to choose it (art. L.127-3 of the Insurance Code).
The fees will be borne by the insurer according to its scale.