The free choice of a lawyer can be free if a series of detailed requirements in the Auto Insurance Policies are met . We refer to the guarantee known as Legal Defense. In this article we are going to explain how this guarantee contained in the Insurance Policy can be made effective.
Every Insurance Policy contains the guarantee known as Legal Defense . Said term refers to the guarantee that the insurer undertakes to fulfill when its insured is involved in the extrajudicial or judicial claim for financial compensation for the damages suffered in a traffic accident. Said guarantee or Legal Defense has two readings:
- Legal defense of the interests of the insured by the insurance company : through its legal department, the insurer offers advice to the victim at no cost throughout the claim procedure. In this way, the insurer will be responsible for the total cost of the claim, either out of court or judicially. This means that a company lawyer will direct the entire legal claim procedure once the company’s processors have failed in their attempt to reach an amicable settlement with the insurance company responsible for the accident.
- Legal defense of the interests of the insured by an external lawyer: the insured has total freedom to appoint any lawyer to defend their rights arising after a traffic accident, even if they have the backing of an insurance company. In addition, the Minute of Fees of this external professional will be paid by the company up to the limit established in the Insurance Policy. But what requirements must be met? First, the insurance company must be informed that the legal services of an external lawyer have been hired. This is done through the letter of free appointment of a lawyer, which is sent by fax or mail to the company. Second, once the procedure is completed and an amount has been collected as compensation for the damages suffered, the Minute of Fees must be sent to the company detailing all the concepts in accordance with the Fees Criteria of the Bar Association to which the lawyer belongs. The documents and supporting documents of the detailed Criteria must be attached. The maximum limit that the company will pay appears in the Insurance Policy itself. Generally, this limit is between € 600 and € 3,000. There will be situations in which the Attorney’s Minute is paid in full by the victim’s insurance company, when their fees are within the margin established by the amount guaranteed in the Insurance Policy. this limit is between € 600 and € 3,000. There will be situations in which the Attorney’s Minute is paid in full by the victim’s insurance company, when their fees are within the margin established by the amount guaranteed in the Insurance Policy. this limit is between € 600 and € 3,000. There will be situations in which the Attorney’s Minute is paid in full by the victim’s insurance company, when their fees are within the margin established by the amount guaranteed in the Insurance Policy.
Given these two options raised by the Legal Defense, which one to choose?
To answer this question, first of all, the interests of each of the parties in the process of claiming compensation for damages suffered in a traffic accident must be defined.
- The interest of the victim is financial compensation for the damages suffered in the accident.
- The interest of the company is to try to reach an amicable agreement with the opposing company, with which it shares guild and interests.
- The interest of the external lawyer is that his client charges as much as possible based on the damages suffered in the accident. The external lawyer specialized in traffic matters works on commission, so he makes his Minute of Fees dependent on the compensation received by his client.
As we can see, the client-external lawyer relationship is the most compatible in that they share interests more closely. The external specialist lawyer will work so that his client collects the maximum possible based on his injuries until full compensation for the damages suffered. This interest is shared with the victim. Thus, the work team that both can form is much more complete, as well as dynamic, because both parties will be in constant contact. Our way of working is close and personalized, because we understand the importance of going hand in hand with the client: the greater and more fluid the communication between lawyer-client, the higher the success rate will be achieved.
For more information, do not hesitate to contact our team of professionals. We work 7 days a week, 24 hours a day, thus being able to meet the needs of our clients at the same time they arise.