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Waiting period of legal expenses insurance

You have been scammed on the internet. You have a dispute with your landlord. Or you have by now had more than enough of your neighbour's fifteen dogs. In cases like these, legal expenses insurance is useful. You always take out insurance for a future, uncertain event. For ongoing disputes or certain events, legal expenses insurance is of no use. Of course, the insurer does not know whether a dispute was already certain when the insurance was taken out. That is why a waiting period often applies. This means the insurer does not have to pay for legal disputes that arise just after the legal expenses insurance was taken out and that were perhaps already certain. Whether or not a waiting period applies differs per insurer. This page describes the situation in the Netherlands.

explanation of the waiting period for legal expenses insurance

When a waiting period does or does not apply

If there is a waiting period, it is not possible to call on the legal expenses insurance straight after taking out the insurance. This only becomes possible once the waiting period has expired. How long the waiting period is differs per insurer and can be read in the policy. There are more and more legal expenses insurers without a waiting period. Legal expenses insurers that do have a waiting period are increasingly opting for a waiting period of three months. In the past, this was often six months. Most Dutch insurers offer their website and policy documents in Dutch only.

The legal expenses insurance of ABN AMRO was previously rated best in a test by the Dutch Consumers' Association (Consumentenbond). One of the points they were very positive about at the time is that this legal expenses insurance has no waiting period. In other words, this legal expenses insurance without a waiting period starts immediately after the insurer has accepted the application. As with all other insurance policies, however, ongoing or foreseen disputes are not covered.

  • Legal expenses insurance without a waiting period
  • Exclusion for events that could be foreseen before the start of the insurance
  • Exclusion for disputes caused by or arising from an event before the start of the insurance

In addition, there is an exception for the mediation component in a divorce. In this case, a waiting period of 36 months applies. This waiting period starts running from the moment this component is insured.

The legal expenses insurance of ANWB has a waiting period of three months. In some situations, however, the insured person can get help immediately after taking out the insurance, for example with the Verkeer (traffic) cover. Checked on 9 November 2026 on anwb.nl. Disputes that are already ongoing or disputes that could already be expected when taking out the insurance are excluded.

  • Waiting period of three months
  • No waiting period for, among others, the Verkeer cover
  • Exclusion for events that could be foreseen before the start of the insurance

The DAS voor Particulieren Totaal insurance is in principle a legal expenses insurance without a waiting period. There is, however, an exception for divorce mediation and for disputes about child maintenance. In these two cases, a waiting period of 36 months applies. Within the waiting period, DAS does provide legal assistance in a dispute if:

  • The legal expenses insurance directly follows a comparable insurance policy under which there was the same right to legal assistance.
  • You could not have known when taking out the insurance that this dispute would arise.

Interpolis applies no waiting period to its legal expenses insurance. However, a dispute that arises or is expected before the insurance starts is not insured. Only for mediation in a divorce does a condition apply: the Familie, Belasting & Vermogen (family, tax and assets) cover must have been taken out at least one year earlier, and the insured person must have been married or in a registered partnership for at least one year. Checked on 9 November 2026 on interpolis.nl.

  • Legal expenses insurance without a waiting period
  • Exception for divorce mediation: Familie, Belasting & Vermogen cover for at least one year

At Klaverblad, the waiting period is three months in most cases (checked on 9 November 2026 on klaverblad.nl). So only problems that arise three months after the insurance was taken out are covered. However, this three-month waiting period does not apply if you switch legal expenses insurance. In that case, it must be shown that the problem was insured with the previous insurer. In a limited number of cases, there is also no waiting period:

  • Legal problems with contracts concluded for a private household, provided the event took place in the Netherlands, Belgium, Luxembourg or Germany (Standaard module)
  • Recovering damage from someone who is liable (Schadeverhaal module)
  • Legal assistance for travel companions with problems with the contract for a holiday trip (Standaard module)
  • Legal assistance when appearing in court as a suspect, if the event took place in a European country or in a country on the Mediterranean Sea and a court of one of those countries is allowed to hear the case (Standaard module)
  • Recovering damage when taking part in traffic with a motor vehicle or in the case of damage coming from outside (Motorrijtuigen module)
  • When appearing before the criminal court for a traffic offence with a motor vehicle (Motorrijtuigen module)

A number of extra conditions are often attached to these exceptions without a waiting period. These conditions are included in the policy terms and conditions.

OHRA offers legal expenses insurance without a waiting period. However, a foreseeable dispute is not covered (checked on 9 November 2026 on ohra.nl). There is an exception for mediation when ending a marriage or a registered partnership. In that case, a waiting period of 36 months applies. The marriage or registered partnership must also have lasted at least 36 months.

  • Legal expenses insurance without a waiting period
  • Exception for divorce mediation: waiting period of 36 months

At Promovendum, the legal expenses insurance has a waiting period of three months, unless you switch from another legal expenses insurance policy that does provide cover. In some cases, a longer waiting period applies:

  • Employment disputes: 6 months
  • Expropriation disputes: 12 months

Univé offers legal expenses insurance without a waiting period (checked on 9 November 2026 on unive.nl). Only in the case of divorce does a waiting period of 36 months apply for divorce mediation. In addition, the relationship must have lasted at least 36 months.

  • Legal expenses insurance without a waiting period
  • Exception for divorce mediation: 36 months

Comparing waiting periods at the different insurers

Many legal expenses insurers apply waiting periods, even if they claim to offer legal expenses insurance without a waiting period. There are almost always exceptions to the principle that there is no waiting period. On the other hand, legal expenses insurance policies with a waiting period often have exceptions where no waiting period applies. That does not make comparing legal expenses insurance any easier. The table below sets out the situation clearly.

General waiting period (months)Exceptions (months)
ABN AMRONoneDivorce mediation (36)
ANWB3 monthsAmong others, Verkeer cover (0)
DASNoneChild maintenance (36), divorce mediation (36)
InterpolisNoneNo waiting period; for divorce mediation, the Familie, Belasting & Vermogen (family, tax and assets) cover must have been running for at least one year
Klaverblad3 monthsCertain contracts (0), recovering damage (0), legal assistance for travel companions (0), suspect in criminal cases (0), traffic damage (0)
OHRANoneDivorce mediation (36)
Promovendum3 monthsEmployment disputes (6), expropriation (12)
UnivéNoneDivorce mediation (36)

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For some people, it comes as quite a shock that waiting periods sometimes apply to legal expenses insurance. They are not always fully aware of this. It of course does not help that the rules are different at every insurer. Below are the answers to a number of frequently asked questions on this subject. Hopefully this provides clarity.

What is the waiting period for legal expenses insurance?

The waiting period (wachttijd) for legal expenses insurance is sometimes also called the waiting term (wachttermijn). It is the period during which you are not yet covered for legal assistance and costs. You must first wait for this period to pass. If a legal dispute arises within this period, the insurer will usually not provide cover. That is also the case if the cause of the dispute arises within this period, for example if a testator dies within this period and there is later a dispute about the inheritance.

Why do insurers apply a waiting period for legal expenses insurance?

Insurance is an agreement under which the policyholder has to pay a premium and the insurer promises to do something if an uncertain and unexpected event occurs. In practice, it is not always possible to know whether or not the insured person had seen a particular event coming. To prevent discussions about this, the insurer imposes a waiting period. Disputes that arise during this short period are then not covered.

Is there also legal expenses insurance that has no waiting period?

Yes, there are more and more legal expenses insurance policies without a waiting period. There is a caveat, however. There are insurers with a waiting period that then have all kinds of exceptions where no waiting period applies. With insurers without a waiting period, the reverse is often true: they have a list of situations in which, by way of exception, a waiting period does apply.

Can I count on support straight away with legal expenses insurance without a waiting period?

In principle yes, but not necessarily always. This is because there are also exceptions. These exceptions are included in the policy terms and conditions. In addition, the dispute must not already have existed.

How long is the waiting period for divorce mediation?

Each insurer applies its own terms and conditions and waiting periods. Our research shows that many insurers apply a waiting period of 36 months for divorce mediation. Often, the marriage must also have lasted at least 36 months.

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