Can I choose my own lawyer with legal expenses insurance in Germany?

Statutory maximums, figures from a Federal Court of Justice ruling, rules from the model terms and values from a litigation cost calculator.

Section 127 VVG gives you the right to pick your lawyer from all lawyers whose fees the policy covers, including lawyers from other EU countries admitted to practise in Germany. The insurer may recommend, but not prescribe. Under the non-binding model terms of the German insurers' association (GDV), the insurer only chooses for you if you ask, or if you name nobody and something must be done quickly.

What the law does not guarantee is that any lawyer is paid at any price. The policy pays statutory fees. Many specialists, especially English-speaking ones in big cities, work on hourly rates. You can still hire them, but you pay the difference.

Many tariffs offer a benefit if you use the recommended lawyer: a lower or no deductible, or no step-up of the deductible after a claim. In 2013 the Federal Court of Justice (case IV ZR 215/12) ruled such incentives lawful as long as you decide freely. The case concerned up to EUR 150 per claim.

For a routine matter, such as a traffic fine or a modest purchase dispute, the partner lawyer is often sensible. For a dismissal, an inheritance dispute or a high-value claim, trust and expertise matter more. If you need advice in English, ask before you take the partner lawyer: the network may not offer it.

First, distance. Under the model terms the policy pays your lawyer as if they were based where the court sits. If you live more than 100 km in a straight line from the court, a local lawyer near you is added, but only in the first instance. If you pick a lawyer in your city for a trial at the other end of the country, their travel costs may stay with you.

Second, switching. If you change lawyers after the first letter, the second set of fees is usually yours. Third, fee agreements (Honorarvereinbarung): ask before signing anything whether the lawyer bills under the statutory scale (RVG).

If you do not know a lawyer and the case is routine, you lose nothing by asking the insurer for a suggestion. Your right to choose remains, you can still use it later, but you then bear the cost of switching.

More important than who picks the lawyer is the cover confirmation (Deckungszusage). Have it in writing before any paid step. Without it, a first consultation can cost a consumer up to EUR 190 and further advice up to EUR 250 under section 34 RVG.