Legal protection for the self-employed: protective shield against legal disputes
When trouble arises in business, the situation often ends up in court. Negotiations and lawyers are expensive. Legal expenses insurance covers the costs.
This article is part of the special feature "Good insurance coverage for tradespeople".
In business, things don't always run smoothly. Even those who work conscientiously can be drawn into legal disputes by customers or suppliers. Lawyers and courts are expensive. Legal expenses insurance covers the costs. Insurance critics recommend that self-employed individuals take out legal expenses insurance. Anyone at risk of getting into trouble with employees, clients, or suppliers should be able to defend themselves – regardless of the size of their bank balance. That's the true value of this insurance. After all, being right and getting justice are two different things.
Legal expenses insurance helps you get your rights by covering the costs involved. This begins with an initial legal consultation. This is often offered purely as a precautionary measure (without a legal claim arising) to avoid later legal disputes. Many insurers have set up practical hotlines for their customers for this purpose. The core of the service, however, extends to the conduct of legal proceedings, across multiple instances. Insurance covers attorney fees and court costs, including compensation for witnesses and experts called by the court. This also applies to the opposing party's costs if the insured party has to bear them. The coverage can only be limited to the agreed sum insured, so it shouldn't be chosen too fussily. Premium offers often even offer unlimited coverage.
Legal protection is not the same as legal protection
The alternative to litigation is out-of-court dispute resolution. Most legal protection insurers also cover the costs of such mediation. Another additional service, called "debt management," is often automatically included in legal protection policies for businesses or can be added for an additional premium. Depending on the terms and conditions, the insurer will provide a certain number of credit reports on business partners free of charge or at a reduced rate. This service is particularly valuable when payment behavior is poor and the risk of insolvency is high.
But not all legal protection insurance is created equal. On the contrary, the policies are a highly individual matter. They are offered according to a modular principle. The many individual modules each cover only certain areas. There's no such thing as a complete, worry-free package for every conceivable case. Considering the legal profession, this is certainly a good thing. The Association of Insured Persons (BdV) certainly believes this. The policies aren't cheap anyway, due to the high legal and court fees.
Careful consideration is worthwhile
It's therefore worthwhile to carefully consider which components are important to your business, and which can most easily be dispensed with. It's best to prioritize the individual components for yourself using our list of "Important Legal Protection Components." In principle, the legal protection you choose can be limited solely to the business and its employees, or it can also cover the owner's family members. Unfortunately, the high degree of individuality in legal protection insurance makes it difficult to compare the policies offered. Ratings usually provide a good guide. However, leading analysis firms do not offer market evaluations for commercial legal protection insurance. Price alone is of little significance. The BdV generally recommends obtaining several quotes. You can usually save on premiums by paying a deductible. This can be €150 or €200 or more and is due for every claim – unless the opposing party has to bear the entire costs of the legal dispute.
These policies aren't designed for litigants. Therefore, caution: In the event of a claim, any party, including the insurer, may terminate the contract properly. However, this right of termination may only apply to them after two claims per year. However, there's a risk that this will also make things difficult for other companies with the same policy.
Checklist: Important legal protection components
- Employment legal protection Covers the costs of work-related disputes. This can apply to the master craftsman as an employer, for example, if an employee who has been given a warning goes to court or a dismissal for operational reasons is contested. Disputes over Christmas bonuses would also be covered. For employees, this module makes almost the same sense, for example, if the company still owes them money or they file a lawsuit against a dismissal.
- Legal advice in family and inheritance law Can, but does not have to, be insured. If the business is to be saved from a divorce, it may be advisable to have legal costs covered. The same applies to advice in the event of an inheritance.
- Data legal protection is available to you, for example, in legal defense against suspected violations of the Federal Data Protection Act. The scope of application is strictly limited.
- (Commercial) real estate legal protection It works both ways: whether you're a tenant experiencing problems (for example, due to an incorrect utility bill, an eviction notice, or a rent increase) or as the owner of a commercial property you use yourself. Owners can use it to combat tax or duty-related problems.
- Legal protection for damages Anyone who causes damage to others is liable. This isn't always covered by liability insurance, and not everyone has it. So, if the company itself suffers damage, this module helps enforce the claim for compensation. For example, an expensive piece of equipment has been damaged and requires extensive repairs, forcing the company to shut down during this time.
- Social court legal protection bears the costs of a dispute before the social courts, for example because the proper payment of health insurance, unemployment or pension insurance contributions is criticized.
- Tax legal protection This helps, for example, if the tax office refuses to recognize operating expenses or if a tax prepayment is assessed that is completely excessive. This insurance module also covers the costs in the event of problems with customs.
- Criminal and administrative offense legal protection Such things can happen faster than you'd like. Businesses can, for example, run afoul of accident prevention regulations. When health or even human life is at stake, the authorities aren't joking. Professional legal support is necessary, but it's not cheap. Another example: An apprentice causes a fire at a customer's home. The landlord suffers from smoke inhalation and initiates criminal proceedings against the business owner and the employee responsible.
- Contract and property law protection This gives tradespeople peace of mind when contractual agreements are suddenly breached. The spectrum is broad and includes purchase, work, and delivery contracts, maintenance agreements, financing agreements, and more. If the customer reduces the invoice or fails to pay, the legal expenses insurer covers the legal costs.
- Traffic administrative legal protection For example, it covers the costs if you have to defend yourself against the revocation of your driver's license or if the auto repair shop did poor work and you want your money back. In non-traffic law cases, a company may want to challenge the revoked business license before an administrative court.
Source: GDV; company information
waiting period
No insurer can insure burning buildings. Therefore, companies protect themselves against fraudulent claims with grace periods. Typically, the following insurance coverage is only activated three months after the contract is concluded:
- Employment legal protection
- Housing and property legal protection
- Legal protection in contract and property law
- Tax legal protection in court
- Social court legal protection
- Traffic administrative legal protection
- Immediate protection
The following modules eliminate waiting times:
- Legal protection for damages
- Criminal and administrative offense legal protection
- Representation of interests in purchase and leasing contracts for brand-new vehicles
- Legal advice in family and inheritance law
Source: GDV
Conflict of interest
In the past, German lawmakers took strict measures to prevent conflicts of interest in insurance disputes. A customer of an insurance company could not simultaneously purchase legal protection insurance from that company. This so-called separation of lines of business was intended to ensure that an insurance company did not have to enforce its claims against itself. This separation of lines of business made specialized insurers such as Düsseldorf-based Arag, Munich-based DAS (now part of the Ergo Group), and Cologne-based Roland Rechtsschutzversicherung prosper. The other companies brought them business.
In 1990, the EU overturned the strict German standard. Since then, all insurance companies (except life and health insurers) have been allowed to conduct legal protection business. The only condition: claims settlement must be outsourced to a legally independent company. Today, full-range insurers are permitted to offer legal protection insurance without hindrance. Anyone who wants to avoid conflicts of interest should ensure that their legal protection does not come from the same company as their business insurance. Incidentally, disputes against their own legal protection insurer are excluded from insurance coverage.
Text:
Rita Lansch /
handwerksblatt.de
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