Marie-Josée Gauvin

By Marie-Josée Gauvin

November 19, 2018

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Going to Small Claims Court? Your insurer can help you.

Article revised on 19 November 2018

If you need to file a claim before the Small Claims Division of the Court of Québec, did you know that your insurer can provide you with valuable assistance?

Let’s take a concrete example. You decide to use some of your savings to renovate your bathroom. You have a limited budget: $5,000. You find a contractor who gives you a suitable quote. You sign a contract with him and work begins. Once it’s competed, you pay the contractor’s bill and admire the finished product.

But several days later, you realize that the floor-heating system no longer works. You contact the contractor, who refuses to come and abide by his warranty. You get a $3,000 estimate for the repair work.

You want to know your rights and consider taking legal action against the contractor before the Small Claims Division of the Court of Québec.

Did you know that your insurer can help you in this situation?

What types of legal service do insurers offer?

There are two types of legal service that may be offered by your insurer: legal assistance and legal access insurance.

Legal assistance allows you to have telephone consultations with a lawyer who is a member of the Barreau du Québec. This service is often available free of charge when you purchase other property and casualty insurance such as home, auto or leisure vehicle coverage. It allows you to find out about your rights and recourse options but does not include a review of documents.

For example, in the case of our contractor who did not abide by his warranty, this telephone assistance will allow you to obtain advice from a lawyer on what legal action you can take to receive compensation.

Legal access insurance allows you to not only receive advice from a lawyer by telephone, but also includes the reimbursement of legal costs, expert advice fees and professional fees charged by lawyers or notaries.

In the case of our contractor, since the disputed amount is $3,000, you must file a claim before the Small Claims Division of the Court of Québec. Going before this court can be a stressful experience for many people, since you cannot be represented by a lawyer. Some legal access insurance, including that offered by La Capitale, provides financial support allowing you to obtain a lawyer’s help in preparing your case. With this coverage, part of your lawyer’s fees will be reimbursed, and you’ll be less stressed!

Valuable protection at a low cost

For only $1 a week, La Capitale clients with home, auto or leisure vehicle insurance can benefit from this coverage. A small cost for peace of mind!

Learn more about the benefits of adding La Capitale Legal Access Insurance to your coverage!

Find out more

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