Legal assistance insurance is not immediately a luxury. That is why the government wants to encourage it with a tax advantage. That would then take the form of a tax reduction that could amount to 120 euros. She has already approved a bill on this. It has now come to the Council of State for advice and must receive the blessing in parliament afterwards.
A neighbor dispute? A dispute with the tenant or landlord? A dispute with a contractor? A collision with your employer? Or even a fight during a divorce? There are many possibilities for which we can call in the assistance of a lawyer and, if necessary, appeal to the courts.
Access to legal aid
The government wants consumers who have such a dispute to have better access to legal aid. That is why she encourages taking out legal assistance insurance. Many Belgians already have legal assistance with their car insurance. The same applies to the family policy. But for the other parts of the law that is often not the case.
Anyone who has legal assistance insurance will be reimbursed his defense costs by a lawyer, the legal costs and any expertise costs reimbursed by his insurer, regardless of whether he is in law or in error. There are of course limitations to this. There is almost always a maximum amount on the reimbursement of costs. The damage you have suffered, on the other hand, is not reimbursed by the legal assistance insurance. You must recover this from the counterparty or from your own non-life insurance policy (fire insurance, etc.).
A bill, which has already been approved by the government and has now been sent to the Council of State for advice, does set insurance requirements if it is to be entitled to the tax benefit. For example, it must provide a contribution of at least 13,000 euros in a civil dispute and 13,500 euros in a criminal case. For a dispute about divorce or legal cohabitation there must be a coverage of the costs per person up to at least 3,375 euros. For disputes about a construction, the minimum is 6,750 euros.
If you opt for a general legal assistance policy, you can opt to get the separate legal assistance from car insurance and family insurance.
Please note: legal assistance insurers may impose a waiting period. During that period you will not be entitled to an intervention from the company. For divorce disputes, this waiting period may not exceed 3 years, for construction disputes a maximum period of five years is provided. As a rule, the waiting time imposed by insurers is much shorter. Those who change their insurer may take the period that has already expired with them.
That waiting time is entered to prevent abuse. Otherwise, for example, whoever wants to divorce would immediately take out insurance, while insurance is only there to cover themselves against unexpected things.