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Does switching legal expenses insurance restart the waiting period?

In short

If you switch without a gap, most German insurers waive the three month waiting period (Wartezeit), but only for modules that were already covered with your previous insurer. Every new module serves the full three months. And the key sentence: a dispute whose first breach of duty (Verstoß) falls inside the old contract stays with the old insurer. The new one pays nothing for it, even if the letter arrives later.

Does switching legal expenses insurance restart the waiting period?

What it costs

Guide figures from published German tariff examples, so you can weigh the switch against the cost risk of a gap.

ExampleTypical range
Package of private, work and traffic cover, singleabout EUR 240 to 680 a year
Package of private, work and traffic cover, familyabout EUR 260 to 820 a year
Employment cover added as a new modulemostly only inside a package, 3 months waiting period
Usual deductible per caseEUR 150 to 300
Cost risk of an unfair dismissal claim worth EUR 10,000, lostabout EUR 4,775
Cost risk of a tenancy dispute worth EUR 5,000, lostabout EUR 2,670

Guide values as of September 2026, from published tariff examples and from cost calculators based on the German lawyers' fee act (Rechtsanwaltsvergütungsgesetz) and the court fees act (Gerichtskostengesetz). Whether and how far your future insurer credits the time served is a question of the policy wording, not a statutory duty; splitting a premium across single modules is a guide value from our quoting practice.

Worked example

Switch on 1 January, written warning on 18 December

You held private and traffic cover; the new contract adds employment and tenancy. The old contract ends on 31 December, the new one starts on 1 January.

Employer issues a written warning18 December, inside the old contract period
Insurer responsible for this casethe old one, provided employment cover ran there
If no employment module ran therenobody pays; the new contract does not reach this case
Private and traffic in the new contractcovered at once, waiting period credited
Employment and tenancy in the new contractonly from 1 April, three months waiting period
Cost risk of an unfair dismissal claim worth EUR 10,000about EUR 4,775

The warning falls in the old contract period and is only covered there. The new modules do not help until 1 April. Anyone adding employment cover because of that very warning has three months with no protection exactly where it is needed.

The key sentence: the first breach decides

Who pays does not depend on where you report the case, nor on when your lawyer writes. It depends on the first breach of a legal duty (Verstoß) that you hold against the other side. If that breach falls inside the old contract period, the case stays with the old insurer, even if you only learn about it months later. The new insurer pays nothing for it, even with a seamless switch and a credited waiting period.

This is why switching in the middle of a fight goes wrong so often. Three examples: if your employer gives notice on 20 December and your new contract starts on 1 January, the case belongs to the old insurer. If your landlord fails to repair a defect you reported in November, November counts, not the claim in March. If a wrong tradesman's invoice arrives in December, its delivery counts. So report such cases to the old insurer, and report them before the contract runs out. The old contract keeps answering for cases from its own period, but you have to make that claim.

SituationWho paysCondition
First breach before the switch, dispute erupts afterwardsthe old insurerthe module was covered there and the waiting period there had passed
First breach after the switch, module was already coveredthe new insurerseamless start and written credit for the time served
First breach after the switch, module newly addedthe new insurer, but only after the waiting periodusually three months from the start of the new contract, with no credit
Breach inside the gap between two contractsnobodyno cover, and it cannot be bought retroactively
Accident with a damages claim shortly after the switchthe new insurerdamages and traffic law carry no waiting period in most tariffs
Dispute whose cause spans both contract periodsthe old insurerwhere there are several breaches, the first one counts, not the last
Module covered with the old insurer, dropped with the new oneneither of themwhat is not in the new contract is not covered, credit or no credit

What the credit actually covers

Most insurers waive the waiting period on a switch when two things come together: the new contract starts without a gap on the day after the old one ends, and the risk was already insured with the previous insurer. This is a rule of the policy wording, not of the law. It is not in every tariff, and where it is, it depends on proof. So have the credit confirmed expressly, module by module, and keep that confirmation with the policy.

The second half of the rule is where people come unstuck. Only what existed before is credited. If you held private and traffic cover and now add employment and tenancy, those two modules serve the full three months. That stings exactly when the reason for switching was a dispute on the horizon: add employment cover because your job feels shaky and you have three months with no cover in precisely the area that matters. Some tariffs drop the waiting period entirely or let single modules take effect at once. They cost more, and anyone who already has a problem usually will not be accepted for them.

The steps in the right order

Order is nearly everything here, because two deadlines run against each other: the notice period with the old insurer, usually three months to the end of the policy year, and the acceptance by the new one. So start at the latest four months before renewal. Define what you need, collect quotes with identical modules, demand the acceptance in writing, and only then cancel.

Two points belong in every quote before you say yes. First, the credit for time served, in writing and module by module. Second, the questions about previous claims that the new insurer will ask: answer them in full, because a claim you leave out will cost you cover later. And before you switch, report anything still open from the old period, so that the old insurer knows about it while it is still responsible.

When switching is a bad idea

Honestly, in three situations you should leave it. When a dispute is already on the horizon, because the first breach has happened and the new contract will not pay for it anyway. When you have reported several claims in recent years, because the new insurer will often decline or load the premium and you end up with no offer while the old contract is already cancelled. And when you are moving for EUR 30 a year, because the effort and the risk outweigh it.

The quiet gain of a switch rarely sits in the premium but in the wording: unlimited cover within Europe instead of EUR 300,000, mediation included, disputes with your own insurer covered, no clause that dictates your lawyer. So compare policy wordings, not prices. As an underwriting agency we put the offers side by side with identical modules and secure the credit for the waiting period in writing beforehand.

Step by step

  1. Start four months before renewal and list the modules of the old policy, one by one.
  2. Report everything still open from the old period while the old insurer is still responsible.
  3. Collect quotes with exactly the same modules and ask for the policy wording to be sent along.
  4. Have the credit for time served confirmed in writing per module, never just on the phone.
  5. Accept the new contract starting on the day after the old one ends, and only then cancel.

Checklist

  • List of the old policy's modules ready, with start date and sum insured per module
  • Written credit for the waiting period for every module already covered
  • New contract starts on the day after the old one ends, with no single day of gap
  • Planned for new modules only taking effect after three months
  • Questions about previous claims answered fully and truthfully
  • Open cases from the old period reported there and confirmed in writing

Common mistakes

  • Reporting a case to the new insurer although the first breach falls in the old contract period
  • Assuming the credit also covers modules that were not insured before
  • Letting the new contract start a day later and putting the credit at risk
  • Switching because a dispute looms and then having to wait three months for the new module
  • Comparing only the premium and losing sight of the sum insured, mediation and choice of lawyer

Questions and answers

Frequently asked

Does the waiting period start again when I switch?

For modules already running with your previous insurer, usually not, provided the switch is seamless. For new modules it does, and there the full three months apply.

Is the credit required by law?

No. It sits in the policy wording and is therefore a matter of the tariff. Have it confirmed in writing before you sign, module by module.

Who pays for a dispute that began before the switch?

The old insurer, if the first breach of a legal duty falls inside its contract period. The new one pays nothing for it, even if the letter arrives later.

What happens if there is one day of gap?

The gap itself is uncovered, and the credit for the waiting period may fall away. So set the start exactly on the day after the old contract ends.

Are there tariffs without a waiting period?

Yes, a few drop it entirely or let single modules take effect at once. They cost more, and anyone already facing a dispute usually will not be accepted.

Do I have to declare previous claims?

Yes, in full. Leaving out a claim from recent years puts your cover at risk later. Several claims often lead to a loading or a refusal.

Does switching help if my old insurer refused cover?

No. Against a refusal you use your own lawyer's binding opinion (Stichentscheid) and then the insurance ombudsman, not a new contract. The new insurer is not responsible for the old case.

Is switching worth it at all?

Rarely for EUR 30. It becomes worthwhile when the wording is better: unlimited cover in Europe, mediation, free choice of lawyer and your own insurer included.

Sources

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NAMMERT Assekuradeur GmbH, insurance broker licensed under section 34d(1) of the German Trade Regulation Act, broker register no. D-C08Q-TOSD4-37. For boat and yacht insurance we act as underwriting agency, not as broker. Statutory disclosure (German) · Updated

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