Suppose you (as an employer or employee) have a legal problem and legal expenses insurance, what to do? First of all, it is important to find out for which disputes you are insured. If you are insured for the dispute you have, notify the legal expenses insurer of this as soon as possible.
- If you want to engage a Overland Park Accident Lawyer yourself, please submit this to the legal assistance insurer.
- To avoid lengthy discussions with the legal expenses insurer, it is wise to reach an agreement with your insurer about the fact that you want to engage your own lawyer and who.
Legal expenses insurance itself employs lawyers and sometimes also lawyers. Legal aid prefers to solve your problems with the lawyers they have in-house. The insurer will assign you one of its own lawyers. Because a lawyer is not mandatory in many proceedings in employment law, this lawyer can also conduct legal proceedings.
The free choice of lawyer
As soon as there are legal proceedings, you may exercise your right to a free choice of lawyer. This means that in that case you can choose your own lawyer. But beware: inform your legal assistance insurer immediately. Even if you are entitled to a lawyer of your choice, you have an obligation to provide information to the legal assistance insurer.
When are there legal proceedings? There is a procedure if the dispute is submitted to a third party or body, such as the (subdistrict) court, the administrative court or the UWV. You are also entitled to a lawyer of your choice when conducting an objection procedure. Only when you are involved in a procedure, or it is necessary to start a procedure yourself, can you appeal to your legal assistance insurer for the free choice of lawyer. If the case is still in the negotiation phase, the legal expenses insurer is not obliged to pay your own lawyer.
What about dismissal procedures, etc.?
In November 2013, the European Court of Justice ruled that an insured person can always choose his or her own legal assistance provider, such as a lawyer, in the case of ‘judicial or administrative’ proceedings.
Tip from the expert, the right to a free choice of lawyer with an insurer only applies if there are legal or administrative proceedings, otherwise not.
High barriers to free choice of lawyer by the insurer
Most legal aid insurers apply a maximum reimbursement for the external costs of hiring a lawyer. There may also be a personal contribution.
The most important things in short:
Is there not (yet) a procedure?
Then there is no right to a free choice of lawyer.
Is there a procedure?
In that case, you have the right to engage a lawyer of your choice at the expense of the insurer.
In all cases, contact your insurer to discuss your wishes.
Always check your policy conditions and, if desired, ask the legal adviser / lawyer for advice.
How do you engage a lawyer?
This is a formality. You choose a lawyer and consult with your insurer. Asking for permission in legal or administrative proceedings is essentially a formality, because an insurer cannot deny you the right to have your own lawyer. They are allowed to set limits on the fee they pay your lawyer. In many cases, the insurer will contact the chosen attorney to discuss costs.