What Does Legal Expenses Insurance (Retshjælpsforsikring) Cover — and How Do You Use It?
Legal expenses cover already sits inside your Danish contents, house or car insurance and can pay for a lawyer and a court case in many private disputes. But it covers court cases — not complaints to boards — and it is activated through a lawyer. Here is exactly how the cover works and how to use it.
Legal expenses insurance is rarely a standalone policy. It is a standard component of most Danish contents (indbo), house and car policies — look in your policy terms under the "retshjælp" section.
If you hold several policies, several covers may be in play; which one applies depends on what the dispute is about — the car policy’s cover handles disputes about the car, for example.
The cover applies to court cases in private disputes — for example cases about tradesmen, property purchases, landlord disputes, purchases or boundary disputes. Within the policy cap, typically in the order of a couple hundred thousand kroner, it generally covers:
Your own lawyer's fee
Court fees and charges
Expert surveys (syn og skøn)
The other side's legal costs if you lose the case
What it does not cover
The most important limitation surprises many: legal expenses insurance covers court cases — not complaints to complaints boards or public authorities. A complaint to the rent tribunal (huslejenævnet), the Insurance Complaints Board (Ankenævnet for Forsikring) or the Consumer Complaints Board does not use the cover. Those routes are, by design, cheap and manageable without a lawyer.
Certain case types are also typically excluded in the terms — among them most cases against employers, family law cases and business-related disputes.
You do not call your insurer and "use" the cover yourself. It is activated when a lawyer takes on the case and applies for legal expenses cover with your insurer on your behalf. In practice it works like this:
Step by step
Confirm there is a concrete dispute — the other side has rejected your claim
Check your policy terms under "retshjælp"
Find a lawyer willing to run the case — you generally choose freely
The lawyer applies for cover with your insurer
The insurer assesses whether the case has a reasonable prospect of success and issues its approval
Deductible and cap: what do you pay yourself?
There is usually an excess (selvrisiko) of typically around 10% of the costs with a minimum amount, and a cap on the total cover — both stated in your specific terms.
If you meet the financial conditions for free legal aid (fri proces), the excess typically lapses entirely. So the order is always: check the policy, and check the fri proces thresholds with the Civil Affairs Agency (Civilstyrelsen), before calculating what the case costs you.
A refusal of legal expenses cover is a decision you can appeal — first to the insurer's complaints officer (klageansvarlig), then to the Insurance Complaints Board (Ankenævnet for Forsikring). Always get the refusal in writing with references to the terms.
Frequently asked questions about legal expenses insurance
No — the cover applies to court cases. Complaints to the rent tribunal, complaints boards and public authorities are not covered, but those routes are cheap and built to be handled without a lawyer.
Once the dispute is concrete — that is, when the other side has rejected your claim — and before costs run up. In practice your lawyer applies for the cover as one of the first steps after taking the case.
Generally yes. You choose the lawyer who will run the case, and the lawyer then applies for the cover with your insurer on your behalf.
The insurance generally also covers the legal costs you are ordered to pay the other side — within the policy cap and less the excess.
Then the refusal is itself a case: complain to the insurer's complaints officer, and if the refusal is upheld, take it to the Insurance Complaints Board (Ankenævnet for Forsikring).
Refusals of legal expenses cover can be appealed to the insurer's complaints officer and then the Insurance Complaints Board (Ankenævnet for Forsikring).
Check your policy terms under "retshjælp"
Contact a lawyer willing to run the case
Let the lawyer apply for cover with your insurer
Cover refused? Complain to the complaints officer — then the board