Legal insurance is controversial in Germany. It is difficult to estimate the costs associated with legal disputes straight away. However, one thing is clear: Legal expenses insurance (Rechtsschutzversicherung) helps reduce costs in litigation.
Today we will examine the terms of legal expenses insurance and share tips on how and where you can save money when taking it out.
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What is Rechtsschutzversicherung?
Rechtsschutzversicherung is a type of legal protection insurance that provides cover and legal assistance in the event of legal problems or disputes. In the event of a dispute, the insurance company covers the costs of legal services and may also provide advice and assistance in resolving disputes.
Legal protection insurance works on a modular basis and consists of 4 blocks.
You can put together suitable protection for the following areas of your life: personal life, work, transport, as well as housing and real estate. Before taking out insurance, it is important to carefully consider which areas are important to you and which modules cover them.
Who is insured?
Most of the time, the cover extends to spouses and to children who live in the same household or are not yet working. If your parents live with you, they will most likely be insured as well.
Personal legal protection – Privatrechtsschutz
Private legal expenses insurance covers many areas of everyday life:
- Contracts – sale and purchase, travel and holidays, service and insurance agreements
- Compensation for damages – as a result of accidents and incidents
- Taxes – disputes with the tax office regarding the recognition of various expense items
- Social – recognition of disability, occupational diseases
- Administrative – problems with government departments and agencies, including those related to the revocation of driving licences.
- Family disputes, relating to inheritance, adoption and maintenance. By default, this module is excluded from most legal expenses insurance policies – please bear this in mind.
- Criminal law - applies to road traffic offences, administrative offences and offences of negligence. If you are accused of intentionally committing an act, not all legal expenses insurance policies will pay out. This module can be included separately. Discuss this matter separately if necessary
There are perhaps only two more important types of insurance than Privatrechtsschutz — they are Privathaftpflicht and Berufsunfähigkeitsversicherung (occupational disability insurance). In the event of a conflict involving damage to third parties, the cost of solicitors might not be as high as the damages claim itself. If you are unable to work, your losses will be significantly greater than the potential costs of solicitors.
Employment disputes module – Berufsrechtsschutz
It provides legal protection in the field of professional activity. It covers the costs of legal assistance and court fees in the event of disputes or conflicts related to your professional activity. This may include disputes with clients, employers, colleagues or other parties connected with your work. For example:
- There are problems with the payment of wages
- Are you not being allowed to take holiday or have you been given a bad reference (Zeugnis)?
- Assistance will also be provided in cases of unlawful dismissal and disciplinary reprimands in the workplace.
- This module can only be purchased together with the Private module in the legal expenses insurance
- A separate module is required for the self-employed
Housing Legal Protection Insurance - Wohnrechtsschutz
Provides protection and legal assistance in the event of disputes related to residential property. This type of insurance may cover various situations, such as disputes with a landlord, problems with neighbours, issues regarding repairs and maintenance of the living space, and other legal problems related to real estate. For example:
- In disputes relating to rent increases or an inflated Nebenkostenabrechnung (utility cost statement)
- Illegal evictions and problems with getting the deposit back
- It will also come to the rescue in disputes with neighbours
Traffic legal protection module – Verkehrsrechtsschutz
Provides protection and legal assistance in the event of traffic-related conflicts. This type of insurance can cover various situations, such as car accidents, disputes with motor insurance companies, issues related to fines and road offences, as well as other legal problems associated with road traffic participation.
This module is useful for those who spend a lot of time behind the wheel and where the probability of some kind of conflict situation is quite high.
- It will help not only drivers, but also cyclists and pedestrians in disputes related to road incidents
- All questions relating to the revocation of driving licences are also included
- Parking fines are not included in most tariffs.
Quickly and easily calculate the cost of insurance depending on the selected services at Deurag.
5 most common damage categories
Contracts
Sales, rentals, cancelled or not-as-described trips
19%
Car
Fines, issues concerning licence revocation, settlement of road traffic accident outcomes
16%
Work
Unlawful dismissals, warnings, reprimands and incorrectly issued Zeugnis
11%
Claims settlement
Compensation for damage caused to third parties. Accident damage, dog bites. Consequences of medical negligence
10%
Housing issues
Various disputes with neighbours. Rent increases, incorrect recalculation of service charges
8%
Source: Roland Versicherungen
Legal expenses insurance in practice
Examples of legal issues included in the legal protection modules from Roland.
Legal protection for compensation claims (Schadensersatz-Rechtsschutz)
• Claiming compensation for non-pecuniary damage after a road traffic accident if you were a pedestrian or, for example, if your property was damaged.
• Recovery of compensation for non-pecuniary damage following an industrial accident.
• Recovery of compensation for non-pecuniary damage following a road traffic accident, including vehicle damage.
Protection of rights in employment relations (Arbeits-Rechtsschutz)
• The need to file a claim for unfair dismissal protection
• Cover in connection with the termination of an employment contract; reimbursement of expenses up to €1,250 per year
• Disputes about overtime, wage payments and transfers to another job
Legal protection for housing and property (Wohnungs- und Grundstücks-Rechtsschutz)
• Disputes regarding tenancy agreements, utility bill payments
• Disputes with neighbours over noise or, for example, boundary disputes
• Disputes with energy supply companies over payment for electricity fed into the grid from your own private green energy installations
Protection in contract and property law (Rechtsschutz im Vertrags- und Sachenrecht)
• Complaint after purchasing furniture, disputes over incorrectly executed orders by craftsmen
• Disputes over bespoke furniture
• Disputes arising from personal insurance contracts of sole traders
• Complaint following car repair
• Disputes arising from purchase, sale and leasing agreements
Tax legal protection (Steuer-Rechtsschutz)
• The tax office does not recognise work-related expenses (Werbungskosten)
• Pension contributions made as part of entrepreneurial activities are not taken into account when reducing taxes
• Incorrect car tax calculation by the tax authority
• Incorrect property tax collection
• Cover also extends to the out-of-court objection against the authority’s decision
Social legal protection (Sozial-Rechtsschutz)
• Recognition of disability following an accident
• Claiming an Erwerbsminderungsrente (reduced earning capacity pension) from the Deutsche Rentenversicherung
• Recognition of an accident at work by the Berufsgenossenschaft (statutory accident insurer)
• Cover also extends to the out-of-court objection against the authority’s decision
Administrative legal protection (Verwaltungsrechtsschutz)
• Disputes over nursery places
• Mandatory use of a muzzle for dogs
• Refusal to issue a driving licence
• Cover also extends to the out-of-court objection against the authority’s decision
Disciplinary and professional legal protection (Disziplinar- und Standes-Rechtsschutz)
• Defence against a charge that entails disciplinary proceedings
• Disciplinary misconduct defence
• Representation in disciplinary proceedings related to road traffic offences
Criminal legal protection (Straf-Rechtsschutz)
• As part of private legal protection: active criminal defence against criminal charges, for example in cases of identity theft
• Charge of negligently causing bodily harm to a fellow player in sport
• Charge of causing injury by careless driving in a road traffic collision
What is not included in the default insurance cover of legal expenses insurance in Germany
- Family disputes, divorce proceedings.
- Intentional criminal offences.
- Migration law, residence permit issues and changing the legal basis of your stay in Germany.
- Investments
- Gambling
- Commercial activity of sole traders and Selbständige (self-employed people).
- Construction and mortgage disputes. Construction contracts.
No insurer covers residence-permit disputes
This is the most frequent question from people who have recently moved to Germany, and the answer is the same across the whole industry: disputes under immigration law are excluded from cover. We checked the wording in the policy conditions themselves:
| Insurer | Legal basis | Wording in the conditions |
|---|---|---|
| ARAG | ARB 2026, § 3 (2) o | Asyl- und Ausländerrechtsverfahren |
| ROLAND | ARB 2026, clause 6.2.24 | Asyl- und Ausländer-/Migrationsrecht |
| ADVOCARD | ARB 2024, § 3 | Asylrechts- und Ausländerrechtsverfahren |
| ÖRAG | ARB 2023, Verwaltungs-RS | no cover in Asyl- und Ausländerrecht matters (asylum and immigration law) |
ROLAND goes further than the rest and excludes immigration law even from the free telephone advice.
In practice this means: extending a residence permit, a refusal from the Ausländerbehörde (immigration office), Niederlassungserlaubnis (permanent residence), family reunification, a change in the grounds of residence — all outside the cover of any standard tariff. There is no optional module for these risks on the market. What is left is Beratungshilfe (subsidised legal advice), Prozesskostenhilfe (legal aid) and an immigration lawyer at your own expense.
We say this plainly, because a policy bought with residence-permit protection in mind is money spent on a risk the contract does not contain.
What is covered for newcomers — with caveats
Sozialrecht (social law) — disputes with the Jobcenter, the Krankenkasse (statutory health insurer), the pension insurer, over the Pflegegrad (care level) and over Elterngeld (parental allowance). ARAG covers both the court case and the pre-court Widerspruchsverfahren. ROLAND, by contrast, excludes in a separate clause disputes “in the field of subsistence law”, and its own glossary defines that as Grundsicherungsgeld (Bürgergeld until 1 July 2026), Sozialhilfe and Grundsicherung. So Sozialrechtsschutz is formally included in the tariff, while a dispute with the Jobcenter over Grundsicherungsgeld is not covered.
Dispute with a public authority outside traffic matters — every insurer covers this, but check two things: the Wartezeit — usually three months — and the fact that basic traffic packages often include only Verwaltungsrechtsschutz in Verkehrssachen, that is licence and registration cases, not administrative matters in general.
The pre-court objection (Widerspruchsverfahren). A key criterion the Verbraucherzentrale warns about: in social, tax and administrative law many insurers pay only once the matter has reached court. Yet it is usually the objection that settles the matter — the authority changes its own decision. This has to be checked before you sign, not after a refusal.
Recognition of foreign qualifications. The policy conditions mention it neither as an inclusion nor as an exclusion. It is an administrative procedure, and by the logic of the conditions it falls under Verwaltungsrechtsschutz. We have not seen any confirmation from an insurer, so the honest answer is: get it in writing before you sign.
A dispute over a university place is excluded from standard tariffs and is available only as an add-on, with a waiting period of six months to three years.
What a court case in Germany costs — 2026 rates
Damage amount, €
Cost risk, €
Ruined holiday
2700
1825
Non-payment of wages
8500
2307
Eviction from housing
5868
3090
Dismissal and unfair references
17012
3203
A dispute with the landlord over mould
10269
5195
Purchase of a faulty vehicle
37000
8769
The figures above are calculated at the rates in force since 1 June 2025: the KostBRÄG 2025 (BGBl. 2025 I No. 109) raised lawyers’ value-based fees by 6 %, fixed fees by 9 % and court fees by 6–9 %. The rates have not changed since.
This is how it adds up: each side has a lawyer charging a 1.3 procedural fee and a 1.2 hearing fee, plus expenses and 19 % VAT; the court charges 3.0 fees. The losing party pays their own lawyer, the opposing lawyer and the court — § 91 ZPO.
Two rows in the table are calculated differently. An unpaid salary and a dismissal go before the labour court, where § 12a ArbGG applies: in the first instance nobody is reimbursed for lawyer fees, not even the winning side. These rows therefore show your own costs — your own lawyer plus the court fee — rather than the costs of both sides.
The full scale by amount in dispute
| Amount in dispute | Your lawyer | Opposing lawyer | Court | Total if you lose | Two instances |
|---|---|---|---|---|---|
| 1 000 € | 300 € | 300 € | 183 € | 784 € | 1 695 € |
| 2 000 € | 547 € | 547 € | 309 € | 1 404 € | 3 036 € |
| 5 000 € | 1 078 € | 1 078 € | 512 € | 2 668 € | 5 760 € |
| 10 000 € | 1 964 € | 1 964 € | 849 € | 4 776 € | 10 301 € |
| 25 000 € | 2 782 € | 2 782 € | 1 307 € | 6 870 € | 14 837 € |
| 50 000 € | 4 061 € | 4 061 € | 1 914 € | 10 036 € | 21 678 € |
In a settlement the court fee drops from 3.0 to 1.0, but each lawyer adds a settlement fee. Experts, witnesses and enforcement proceedings come on top.
What changed on 1 January 2026
The jurisdiction threshold of the Amtsgericht (local court) was raised from 5’000 to 10,000 euros (§ 23 GVG), and the appeal threshold from 600 to 1,000 euros.
Here is what that means in practice: at the Amtsgericht there is no compulsory legal representation (§ 78 ZPO). You can now handle the whole range of everyday disputes up to 10,000 euros — with an online shop, a repair garage, a tour operator — yourself. The costs in the table assume both sides have hired lawyers; if you appear yourself, your share comes down to the court fee.
This is not an argument against insurance but an argument for a sober calculation: you need it where you cannot manage on your own — an employment dispute, a rental conflict, a dispute with an authority, an accident with injuries.
An employment dispute: the one area where winning does not get your money back
The rule in § 12a ArbGG is worth knowing before you need it. In the first instance before the Arbeitsgericht (labour court) the winning party has no right to reimbursement of its own lawyer’s fees. Each side pays its own lawyer — regardless of who won. The lawyer must point this out before the engagement is even signed.
In an ordinary civil case the losing side pays everything. In an employment case it does not. So even a dismissal case you win outright leaves you with your own lawyer’s bill.
There are mitigating factors too: at the Arbeitsgericht you do not have to pay the court fee in advance (§ 11 GKG), the first-instance fee is 2.0 units instead of 3.0, and if the case ends in a settlement it falls away entirely. The Streitwert (amount in dispute) in a dismissal case is capped at three months’ gross pay, and severance pay is not added on top (§ 42 GKG).
| Streitwert (3 months’ pay) | Your lawyer | Court fee | Your costs if you lose |
|---|---|---|---|
| 5 000 € | 1 078 € | 341 € | about €1,419 |
| 10 000 € | 1 964 € | 566 € | about €2,530 |
| 25 000 € | 2 782 € | 871 € | about €3,653 |
If you win, only your own lawyer’s fee remains: § 12a ArbGG does not apply to the court fee, which the losing side bears under the general rules.
The practical conclusion: Berufsrechtsschutz pays for itself faster than the other modules. A single dismissal case on a salary of about €3,000 a month costs roughly as much as eight years of premiums for that module.
When the insured event starts — and why too late really is too late
The most expensive misconception here goes: “the conflict has started, I will take out a policy now”. It does not work, and the reason is not the insurer’s bad faith but the way the insured event is defined.
In most disputes the applicable rule is the Verstoßprinzip — the principle of the first breach. The insured event is the moment when someone first breached a legal obligation: you, your opponent or a third party. Not the moment you hired a lawyer, and not the moment you filed a claim.
Two examples taken word for word from ARAG’s 2026 policy conditions:
- the employer goes for months without paying wages — the insured event is the first missed payment, not the last;
- a flat is handed over with defects and the landlord only fixes them after several complaints — the insured event is the day the keys were handed over at move-in.
This is called Dauerverstoß, a continuing breach: only its beginning counts. If there are several breaches, the first one decides.
Traps almost nobody writes about
There is no cover even if the breach itself occurred after the policy started, but prior to that you had already done any of the following:
- filed an application with an authority — for example for a disability rating, an accident report to the Berufsgenossenschaft (statutory accident insurer) or an application to get your driving licence back;
- claimed a benefit under another insurance contract — an occupational disability pension or an accident benefit;
- signed a loan, leasing or insurance contract that you later revoke on the grounds of a faulty disclosure notice — even if the revocation itself comes after the Rechtsschutz policy was taken out.
Applications made more than a year before the policy started are disregarded.
Three exceptions to the Verstoßprinzip
| Type of cover | What counts as the time of the event | Example |
|---|---|---|
| Compensation for damages | the first event in which the loss arose | the moment of the accident itself |
| Criminal and administrative-offence cover | the time of the offence stated in the charge | speeding on 1 February, a letter from the authority on 1 March — the event dates from 1 February |
| Family and inheritance law | the event that changed the legal position | the death of the testator |
One common confusion is worth clearing up. Liability insurance uses the Anspruchserhebungsprinzip — there the insured event is the moment a claim is made against you. In legal expenses insurance that principle does not apply. That is exactly why a policy cannot be backdated, and buying one during a conflict that is already running is money lost.
Retroactive policies barely exist on the market. The only exception we know of is ARAG’s special products for tenancy and traffic: they cover one existing dispute up to 12 months old, cost about €409 a year with a three-year minimum term, and are left out of the Stiftung Warentest test because they provide no general cover.
Waiting periods differ more than people assume
“A Wartezeit of three months” is a rough approximation that almost everyone repeats. We compared the conditions of four insurers against the ARB texts, and the spread turned out to be several times as wide. For someone who has recently moved here the difference matters: with one insurer a dispute over a university place is covered after six months, with another only after three years.
| Type of cover | ARAG 2026 | ADVOCARD 2024 | ÖRAG 2023 | WGV |
|---|---|---|---|---|
| Traffic disputes | no | no | no | no |
| Labour disputes | 3 or 6 months | 3 months | 3 months | 3 months |
| Tenancy and housing | 3 or 6 months | 3 months | 3 months | 3 months |
| Dispute with a public authority | 3 months | 3 months | 3 months | — |
| Sozialrecht (social law) | 3 months | — | — | no in the Optimal tariff |
| Family and inheritance | 1 year, divorce proceedings 3 years | 1 year | — | no |
| Building your own home | 6 months | — | — | — |
| A dispute over a university place | 3 years | — | 12 months | 6 months |
When you switch from one insurer to another without a gap, the Wartezeit usually does not start again — worth checking before you cancel the old contract.
There is one more parameter almost nobody compares, although it is measurable. It is called Verzicht auf die Einrede der Vorvertraglichkeit: the insurer undertakes not to argue that the cause of the dispute arose before the policy started, provided the contract has run long enough. With ARAG, ROLAND, ÖRAG and WGV this applies after three years of the contract; not every insurer offers such a waiver. None of them extends it to building your own home.
What it costs in 2026
A reliable benchmark comes from Stiftung Warentest: the test was published on 16 June 2026, covering 104 packages from 34 insurers, conditions as at 1 May 2026, more than 60 assessment criteria.
The model customer in the test: 40 years old, a family with two children, an employee, a tenant, with a car. Privat + Beruf + Verkehr package, Selbstbeteiligung (excess) of €150.
| Indicator | Value |
|---|---|
| Price range for such a package | €251 – €978 a year |
| Cheapest offer rated “gut” | €299 a year |
| Ratings of “sehr gut” | went to none of the tariffs |
| Verkehrsrechtsschutz as a standalone policy | from about €100 a year |
| Mietrechtsschutz separately, tenant | about €100 a year |
Selbstbeteiligung: where the money is actually saved
The only verifiable figure here is this: dropping the €150 excess raises the annual premium by €180 on average. So a policy without an excess only pays off if you make a claim more than once a year — and that is rare.
Stiftung Warentest recommends keeping €150, Finanztip no more than €250.
It is worth checking separately the mechanics of the excess, not just its size. With some insurers it is dynamic: it rises after claims. With HUK-COBURG it can climb to €550, with ROLAND to €500. That is precisely why Finanztip moved HUK out of its main recommendations into the secondary ones. In the contract it looks like a harmless line, and it bites exactly when the policy is finally needed.
What to check when comparing — twelve points
These features can be verified in the wording before you sign. Everything else is advertising.
- Out-of-court cover in every type of protection and no minimum Streitwert. This is Stiftung Warentest’s quality threshold: tariffs without it are rated “Mangelhaft”.
- Payment for the Widerspruchsverfahren (pre-court objection) in social, tax and administrative law, not just for court proceedings.
- Stichentscheid (a binding opinion from your own lawyer) instead of Schiedsgutachten (an opinion from an independent expert).
- Waiver of the Einrede der Vorvertraglichkeit (objection that the cause pre-dates the policy) and after how many years of the contract it takes effect: three years is better than five.
- Waiting periods for the specific types of cover, not “three months on average”.
- Sum insured outside Europe and the permitted length of stay abroad. Within Europe most policies are unlimited; the differences start beyond it.
- Amounts in family and inheritance law — from €250 for a single consultation up to €5,000.
- Mediation limit — from €3,000 per case and without an excess.
- How the excess works: fixed or rising, and up to what maximum.
- Capital investments: Stiftung Warentest’s criterion — cover for disputes over shares and funds up to €30,000.
- The insurer’s right to terminate the contract after two claims in a year — insurers use it regularly. While you are at it, check whether a phone consultation already counts as a claim.
- The insurer’s participation in the ombudsman scheme: its decision is binding on the insurer for cover values up to €10,000.
For a sense of scale: according to GDV figures for 2025, Germany has 26.2 million policies of legal expenses insurance in force, with 5.1 million claims, and payouts of €4.1 billion. About 60 % of households hold a policy.
Comparison of legal expenses insurance quotes
We are presenting offers from three market leaders in legal expenses insurance — Roland, Arag and Allianz. Each of these companies stands out with its own unique features, offering clients not only a wide range of insurance products, but also a high level of service.
Flexibility and adaptability
The possibility of individual tariff customisation and adaptation of insurance coverage to the specific needs of the client, which helps to avoid unnecessary expenses.
Unlimited cover
The company provides an unlimited cover amount, which ensures maximum financial protection in the event of an insurance claim.
Insurance market leader
Allianz is one of the leading players in the global insurance industry, boasting a high level of expertise and long-standing experience.
Tariff: Komfort
Tariff: Komfort Privat
Tariff: Komfort
- €150 / €0 when contacting the insurance company and €150 when going directly to a solicitor
to choose an excess
from 0 to 1000 euros
- €150 / €0 (the €150 is not deducted if the matter is settled with a first consultation with a lawyer)
- 150€ / 0€
Monthly cost
Privat, Beruf,
Verkehr, Immobilien
for a 30-year-old employee
with a family.
- 37,31€ / 44,77€
Monthly cost
Privat, Beruf,
Verkehr, Immobilien
for a 30-year-old employee
with a family.
- 39,12€ /46,90€
Monthly cost
Privat, Beruf,
Verkehr, Immobilien
for a 30-year-old employee
with a family.
- 35,78€ /66,49€
- unlimited, abroad up to €500,000
- unlimited
- €5 million, abroad up to €500,000
- up to €500,000
- Europe: unlimited, abroad: €500,000
- up to €500,000
- 3 months
- No waiting time
- 3 months
- No waiting time
- 3 months
- No waiting time
- Consultations
Questions regarding bankruptcy procedure or personal insolvency
- Up to €1,250
Questions regarding bankruptcy procedure or personal insolvency
- consultations up to €500, option: court representation, including divorce — waiting time 3 years
- Up to €250 per calendar year for a will
- is included in the Premium package (€500 for the entire term of the contract)
- is included in the Premium package
- Up to €1,250 per calendar year
- Up to €500 per calendar year
- Consultation once a year
- Expenses are covered up to €3,000 per mediation, with a maximum of €6,000 per year
- Services and support
- Maximum €250 per consultation, as well as in some European countries and the USA, a maximum of €500 per year
- Checking of contracts and employment verification documents – up to €100 per contract, maximum €1,000 per year
- in the event of illness or accident
Insurance market leader
Allianz is one of the leading players in the global insurance industry, boasting a high level of expertise and long-standing experience.
Tariff: Komfort
- 150€ / 0€
Monthly cost
Privat, Beruf,
Verkehr, Immobilien
for a 30-year-old employee
with a family.
- 35,78€ /66,49€
- €5 million, abroad up to €500,000
- up to €500,000
- 3 months
- No waiting time
- Consultations
- is included in the Premium package
- Consultation once a year
- Services and support
If the insurer refuses: § 128 VVG works in your favour
Refusals are rare — according to the GDV, less than 0.3 % of cover requests are turned down for lack of prospects of success. But if a refusal does arrive, the law has a strict rule that few people know about.
§ 128 VVG: if the insurer refuses on the grounds of insufficient prospects of success or of vexatious litigation, the contract is obliged to provide for an expert procedure to resolve the disagreement, and the insurer must point it out to you when it refuses.
The penalty for breaching this is spelled out in the law: if the contract contains no such procedure or the insurer forgot to mention it, the need for legal protection is deemed to be established. In other words, the insurer can no longer refuse on the grounds of “no prospect of success” or vexatious litigation, but other grounds for refusal remain.
Hence a practical tip: read the refusal letter not for its arguments but for whether it points you to this procedure.
Stichentscheid or Schiedsgutachten — the difference works in your favour
The procedure comes in two forms in contracts, and it is worth choosing the right one from the outset.
| Parameter | Stichentscheid | Schiedsgutachten |
|---|---|---|
| Who makes the decision | your own lawyer | a lawyer acting as expert, appointed by the president of the bar association (Rechtsanwaltskammer) for your place of residence |
| Who is bound by the decision | both sides | the insurer only |
| Who pays | the insurer regardless of the outcome | as set out in the contract conditions |
The Verbraucherzentrale advises choosing a tariff with Stichentscheid. A Schiedsgutachten clause in the contract cannot be challenged after the fact: the German Federal Court of Justice held such clauses valid in its ruling of 12 June 2024 (BGH, IV ZR 341/22).
Two more provisions worth knowing. § 127 VVG gives you a free choice of lawyer — both in and out of court; the insurer cannot impose one on you. And § 129 VVG prohibits any departure from §§ 126–128 to the policyholder’s disadvantage: a contract clause that leaves you worse off than the law does is void.
Our tips
- As an alternative to the Wohnungsrechtsschutz module, you can consider joining a Mieterverein (tenants’ association). It is usually significantly cheaper, and help is available from day one: the standard Wartezeit of three months does not apply.
- Consider offers from companies that deal exclusively with legal expenses insurance. There are not that many of them. Many general insurance companies offer the product of one of the specialised companies under their own brand. As a result, you might end up comparing the same legal expenses insurance tariff, just under different companies’ brands.
- If someone makes a claim for damages against you, your Privathaftpflichtversicherung will probably defend or settle it.
- Most legal expenses insurance tariffs include a “telephone legal advice” service. During a telephone consultation, you can receive an answer regarding a module that is not included in your cover.
Quickly and easily calculate the cost of insurance depending on the chosen services with DEUERAG.
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Video: How Rechtsschutzversicherung (legal insurance) works in Germany.
Find out which cases are covered, what benefits this can offer you and your family, and what to look out for when choosing the best policy. We discuss the cost of insurance, the main types of insured events, and how to properly take out an insurance policy.
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More informationIf you have no policy: Beratungshilfe and Prozesskostenhilfe
State help with legal costs does exist, but the income thresholds are low. The figures below are the federal values for 2026 (PKHB 2026, in force since 1 January).
| Income allowance (Freibetrag) | Amount per month |
|---|---|
| For a working person — additional | 282 € |
| For yourself and your spouse | €619 each |
| For an adult dependant | 496 € |
| For a teenager aged 15–18 | 518 € |
| For a child aged 7–14 | 429 € |
| For a child up to 6 | 393 € |
On top of these amounts, housing and heating costs are deducted in full, as are taxes and social security contributions. The law has no single threshold of the “income up to €N” kind — only this calculation, so the round numbers found on many websites have nothing to do with the rule.
Beratungshilfe — help with out-of-court advice. Your own contribution is €15 paid to the lawyer; the state pays the rest. You apply at the Amtsgericht for your area, or retroactively through the lawyer, but no later than four weeks after the work has begun.
Prozesskostenhilfe — help with court proceedings. The monthly instalment equals half of the income taken into account; if it comes to less than €10, no instalments are set at all. The maximum is 48 instalments. You apply to the court hearing the case, and can do so orally at the registry.
An important caveat: in practice an existing Rechtsschutzversicherung counts as “another reasonable source of help” and closes off access to Beratungshilfe. The law does not name insurance explicitly, but you should assume this is how it works.
Frequently asked questions
Why is legal protection insurance useful?
You want to live and enjoy life without worries. But disputes with neighbours, landlords, employers or heirs are often unavoidable and cause high costs and stress. Legal expenses insurance will help you protect yourself in the event of a conflict.
What is legal expenses insurance?
This is a type of insurance that covers solicitors’ fees, legal costs and consultations, providing access to professional legal assistance and protecting the rights and interests of the insured. This type of insurance provides financial support to individuals and companies when resolving a variety of legal issues, such as employment disputes, family matters, property conflicts, consumer rights protection and criminal cases.
In which matters can legal expenses insurance be useful?
It is very difficult to list all the possible cases in which you might need legal protection. Here are a few areas in which legal expenses insurance can help:
- in labour disputes;
- regarding rental matters;
- in matters of road traffic;
- in family matters;
- regarding medical care;
- in maintenance matters;
- marriage-related issues;
- in matters of inheritance;
- in matters of digital life;
- in matters of property;
- analysis of purchase and sale agreements before signing, and others.
Insurance support formats.
Insurance companies most often offer online support through a personal account and telephone support. We recommend that, after concluding a contract with the insurer, you register for a personal account if such an option is available. This way you will be able to communicate with the insurer in the way that is more convenient for you — in writing — and have control of and access to your insurance matters at any time.
Can I choose my solicitor?
You are, of course, free to choose your own lawyer. Alternatively, the insurance company can recommend a specialist from its network. However, it is important to know that legal expenses insurance usually only covers costs up to the amount provided for by the Lawyers’ Remuneration Act (RVG). If the lawyer you choose charges higher fees, you will have to cover the difference yourself.
What expenses does legal expenses insurance cover?
First and foremost, it covers legal costs and expert fees (this includes the fees of a lawyer, technical expert, appraiser, witness expenses, mediation costs, and bailiff fees).
Further costs for witness fees and the other party’s costs, if you have to bear them, are usually also covered.
The insurance will also cover your expenses for administrative proceedings.
Where necessary, legal expenses insurance will cover your solicitor and interpreter fees abroad, and even travel costs to a foreign court.
You can also receive an interest-free loan for a Strafkaution (bail), up to the amount agreed in your policy.
Does legal expenses insurance pay if you lose the case?
Yes, legal expenses insurance also pays for solicitor’s fees and court costs, and covers the other side’s costs if you lose the case. Note that the insurer may refuse to pay for legal services in obviously hopeless disputes (for example, if your fault or intent can be easily proven).
What is an insured event?
In the context of legal protection, an insured event is a specific event or circumstance which, upon its occurrence, entitles the policyholder (the insured person) to receive legal assistance from the insurance company, as provided for in the legal protection policy.
An insured event must be described in the terms of the insurance contract and meet certain criteria established by the insurer.
Examples of insured events in legal protection insurance may include:
Labour disputes: Wrongful dismissal, breach of employment contract, workplace discrimination.
Family matters: Advice from a lawyer; divorce only with a separate add-on option.
Property disputes: Conflicts with neighbours, issues regarding renting.
Consumer protection: Claims regarding substandard goods or services, disputes with suppliers or vendors.
Criminal defence: Accusation of a less serious criminal offence (Vergehen), defence in administrative offences.
For each insured event, the policy defines specific conditions and restrictions, such as the need for prior agreement with the insurer, cover limits, exclusions, etc. The occurrence of an insured event obliges the insurer to provide the insured person with the services stipulated by the policy, such as payment for a lawyer’s services, compensation for legal costs, or the provision of legal advice.
What is an excess?
An insurance excess is a specified amount that you will pay once per insurance claim before your insurance policy pays some or all of your claim. The smaller the excess, the more expensive the insurance policy, while the larger the excess, the cheaper the policy will be. That is, you can manage the cost of the insurance policy itself by the size of the excess. Some insurers offer many services for which no excess is charged: for example, telephone legal advice from experienced partner law firms or mediation. If you win a court dispute, the other party will cover your costs and your excess will be reimbursed to you.
What does Wartezeit mean?
A standard waiting period of three months applies to legal protection components. This means that the insured event must occur after the waiting period has expired. Cover without a waiting period usually applies to traffic disputes, claims for damages, defence in criminal cases and in cases involving administrative offences (Ordnungswidrigkeiten), and advice on family and inheritance law. For employment, housing and contract disputes the waiting period is usually three months, and six under some tariffs. However, longer waiting periods also occur and can be up to three years (for example, in the case of a divorce where proceedings have gone to court. Please pay attention to the cover limit).
An insurance advisor will help you choose the best insurance policy for your needs. Book a free consultation.
When does legal expenses insurance have no waiting period?
As a reminder, the waiting period in insurance means that at least three months (longer under some tariffs) must pass between the start of your insurance cover and the beginning of a dispute.
Frequently offered without a waiting period:
protection in criminal and administrative offence cases;
traffic legal protection;
advice on family and inheritance law;
legal protection for damage claims (filing a claim for damages);
legal protection for victims of violent crime.
For employment, housing and contract disputes the waiting period is usually three months, and six under some tariffs.
If you are already involved in a legal dispute and do not know what to do next, some insurance companies also offer free initial telephone legal consultations.
To find a suitable insurance company — fill in the questionnaire and we will find a suitable offer for you.
What if I need to make claims frequently?
All cases the insurer has paid for count, including out-of-court ones: after two such cases within 12 months, both you and the insurer are entitled to terminate the contract. Under certain circumstances, the insurance company may terminate the insured person’s policy if several claims have to be settled within a short period of time. The most important things are the costs and the individual situation regarding the contract. With Roland insurance, for example, telephone legal advice is not considered a claim and in many cases already provides clarity. Our consultation will help you decide which legal expenses insurance to choose based on your requirements.
What is mediation?
Mediation is an alternative dispute resolution method in which a neutral intermediary (the mediator) helps the parties to a conflict reach a mutually acceptable agreement. Unlike court proceedings, mediation focuses on cooperation and confidentiality, allowing the parties to independently control the process and the outcome. The mediator does not make a decision, but rather facilitates dialogue and mutual understanding between the participants. This process is widely used in family, labour, commercial and other types of disputes, providing swift and flexible solutions without lengthy court proceedings.
I have taken out a policy. How do I know it is in force?
Insurance cover comes into effect when you receive the policy and the first premium is paid. It is important to pay your premiums on time.
Are there insurance policies that cover all eventualities?
Insurance companies offer both insurance for specific areas of life and comprehensive cover. Legal expenses insurance is built like building blocks. Simply decide for yourself how extensive your legal expenses insurance should be by choosing the modules: private, housing, traffic or professional disputes.
How do I cancel the contract?
Legal protection insurance must be cancelled no later than three months before the end of the contract term.
You can submit the cancellation yourself or we can do it for you.
Have your insurance needs changed? Do you need other services? Contact us 24/7. Together, we are sure to find a good solution to adapt your insurance cover to your current life.
Does the insurance cover children and a partner? What if we are not married?
You need to choose a family tariff that applies to spouses, children, partners and other people living in the same household.
For how long can I take out legal insurance?
Legal protection insurance can be taken out for a contract term of one, three or five years. It is automatically extended for another year unless you cancel the contract (you must give notice of this 3 months before the end of the contract term).
What should I do if an insured event occurs?
In the event of a dispute, you proceed as follows:
You can contact a lawyer directly, who will help you resolve the conflict.
You may also contact the insurance company’s support service, which will provide you with initial assistance in resolving the issue and, if necessary, refer you to a specialist lawyer.
Next you will receive legal and personal advice, and a lawyer will inform you about the next steps.
What does Strafkaution (bail) mean?
If you should ever find yourself in a situation where you need to pay bail (Strafkaution), legal expenses insurance will come in very handy. The insurance company will pay the bail for you (though only as a loan — Strafkautionsdarlehen), both in your country of residence and abroad. To find out which insurance packages cover bail costs and to what amount, you can book a free consultation.
What do I do if I do not speak German?
Insurance companies most often offer online and telephone support. If your German is not very good, be sure to check whether the online support option is available with your chosen insurance company when taking out a policy. This will allow you to interact with the insurer in a way that is more convenient for you: in writing via your personal account, with control of and access to your insurance matters at any time. You can manage your policies, submit claims and check the status of cases via your personal account without the need to call or visit the insurance company’s office.
How much does legal expenses insurance cost in Germany in 2026?
According to the Stiftung Warentest test of 16 June 2026, a Privat + Beruf + Verkehr package for a family costs between €251 and €978 a year with a €150 excess. The cheapest offer rated “gut” is €299 a year. Standalone Verkehrsrechtsschutz starts at about €100 a year. Waiving the €150 excess raises the premium by an average of €180 a year.
Does legal expenses insurance cover residence-permit disputes?
No. Immigration-law disputes are excluded by every insurer: ARAG (ARB 2026, § 3 (2) o), ROLAND (clause 6.2.24), ADVOCARD (§ 3), ÖRAG. Extending a residence permit, a refusal by the Ausländerbehörde, Niederlassungserlaubnis and family reunification all fall outside the cover of any standard tariff, and there is no separate module for these risks on the market. What remains is Beratungshilfe, Prozesskostenhilfe and a lawyer at your own expense.
What should you do if the insurer refuses cover?
Under § 128 VVG, when refusing on the grounds of poor prospects of success the insurer must point you to the expert procedure for resolving the disagreement. If it failed to do so, or if the contract contains no such procedure, the need for legal protection is deemed established by law: the insurer can no longer refuse on the grounds of “no prospect of success”, but other grounds for refusal remain. So a refusal letter should be checked above all for whether it contains that reference. According to the GDV, refusals for lack of prospects of success amount to less than 0.3 % of requests.
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(*) meaning:
With our recommendations, we want to help as many people as possible look after their finances. We fund our work through affiliate links. We mark these links with an asterisk (*).