Dismissal of the request for long-term assistance under the Victim Support Act

Facts

[A.] was involved in a rear-end collision on 11 January 2011 and applied to the Department of Social Affairs and Society of the Canton of Lucerne (DISG) for compensation, satisfaction, and coverage of legal fees. The DISG suspended the proceedings regarding compensation and satisfaction and dismissed the request for long-term assistance for legal representation in the proceedings against the legal protection and liability insurance. The Cantonal Court of Lucerne dismissed [A.] 's appeal against this decision.

Considerations

The DFC held that the DISG was right to assume a breach of the duty to cooperate by [A.] , as he neither submitted the documents requested by the DISG nor signed a release of information. As a result, the DISG could not assess whether [A.] had the status of a victim. Even if his victim status had been affirmed, no cost coverage could have been granted due to the non-observance of subsidiarity.

Furthermore, the DFC considered the proceedings against the legal protection insurance sought by [A.] to be hopeless, as he had made it impossible for the legal protection…