Why do I have to pay legal fees to someone who was insured with ARAG?


Questioner

On August 4th a case was filed against me regarding an accusation of me regarding child pornography. The other party is insured with ARAG and therefore has free legal assistance. In the report a sum of € 1016.00 is included to be paid by me. I have asked the lawyer of ARAG six times for an explanation, he does not answer. In the meantime I have informed the dean in Rotterdam about this strange course of events. I would like to hear from you what to do. Yours sincerely,

Lawyer

In general, it can depend on many different circumstances. It can be the agreements made between the other party and ARAG. It can also be a standard compensation that is awarded in certain cases. Can you indicate what description is given in the official report/verdict for the amount of 1016 euros? And do you know whether a compensation measure has been imposed or whether there was a claim by the injured party? I may be able to give a more concrete answer based on the answer.

Questioner

The description of the lawyer's salary is € 1016.00. No compensation measure has been imposed. In the event of a violation of the contact ban, a penalty of €500 will be imposed per time

Lawyer

It is probably about the liquidation rate. These amounts are awarded if requested. Below you will find a link (to rechtspraak.nl). As you can see, the average amount awarded for professional legal assistance is 1016 euros. This is a 'right' of the party that is proven right. That is why many insurance companies have included in their terms and conditions that this amount must be paid to them. They 'advance the amount' (see example from the DAS terms and conditions below). This must therefore be requested by the other party on the basis of the agreement. https://bit.ly/3p1uYL4 'If you are later reimbursed for these costs by someone else or another insurance company, you must repay this amount to DAS. This also applies for legal costs and other costs that you receive according to a final judgment or ruling (such as a court ruling). And also for extrajudicial (collection) costs that are paid to you.'

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