Professional Liability: Your Questions Answered

Questioner

I have held the professional liability insurer liable and this has been rejected. Can I file a claim through the subdistrict court? and submit a claim of max. 25,000 euros? or does that depend on (general) terms and conditions? What conditions would that depend on, the insurer or the professional who made serious mistakes? can you inform me what is best to do kind regards

Lawyer

You can indeed do this via the subdistrict court. Claims up to €25,000 can be dealt with there. I advise you, if you are going to litigate yourself, to seek legal advice. If you wish, you can contact me directly and free of charge for further consultation.

Lawyer

If you want to go to the cantonal chamber, where you can do the case yourself, you may claim a maximum of €25,000. This does not depend on the general terms and conditions of the professional. Incidentally, you do not have a direct right of claim on the professional liability insurance, so you must summon the professional. If you need help with this, please feel free to contact me. I have experience with cases concerning professional errors.

Lawyer

If a professional has made a mistake as a result of which you have suffered damage, you must hold the professional liable and not his insurer. If liability is not acknowledged, you can then initiate legal proceedings. The subdistrict court has jurisdiction for claims up to a maximum of €25,000. You can conduct this procedure yourself, although I do not recommend it, as liability law is a very complex matter. Claims above €25,000 must be submitted to the court. In that case, you are obliged to have legal assistance. The defendant in legal proceedings is again the professional himself and not his insurer. If you would like legal assistance in this case or in the proceedings, please feel free to contact me without obligation and free of charge to discuss what I can do for you in this regard. I have extensive experience with disputes about the liability of professionals.