🧑⚖️ Legal expenses insurance and lawyer's costs
In brief
After an accident you may hire a lawyer. If the other party is solely at fault, their motor liability insurer pays your lawyer's costs.
- With contributory fault, it pays the lawyer's costs only according to the liability quota.
- Depending on the contract, traffic legal expenses insurance covers lawyer's and court costs, for example after an accident or in fine proceedings.
- Inform your legal expenses insurer before you incur high costs, and obtain a confirmation of cover.
Step by step
- Check your contractDo you have traffic legal expenses insurance? What benefits and excess?
- Cover requestSend a request to the legal expenses insurer and wait for confirmation.
- Hire a lawyerChoose a lawyer specialising in traffic law.
- Clarify costsClarify in advance who bears which costs and how billing by quota works.
Deadlines
- With shared liability, you must bear part of the lawyer's costs yourself if you have no legal expenses insurance.
- Scope of benefits, waiting periods and excess of legal expenses insurance are set out in the contract; not documented here.
- For people on low incomes, legal advice assistance (Beratungshilfe) and legal aid (Prozesskostenhilfe) may be an option; requirements not covered in depth here.
- If you are not at fault, you should not wait until the insurer "clears up" the matter.
In depth · legal basis, figures and practice – for advisers and professionals
Lawyer's costs as damage
According to ADAC, every injured party can engage a lawyer to assert their damage; the lawyer is paid by the other party's motor insurer in line with the liability quota. If you first demand full compensation but are found partly at fault in the settlement, damage and lawyer's costs are only reimbursed proportionately.
Traffic legal expenses insurance
According to ADAC and GDV information (dieversicherer.de), depending on the cover chosen, traffic legal expenses insurance covers lawyer's and court costs in disputes after a road accident, on buying a used car, with the garage or in fine proceedings. The scope of benefits depends on the contract.
Gap
The amount of lawyer's fees (RVG), rules on initial consultations and on legal advice assistance and legal aid were not checked here from primary sources.
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.