You caused a accident-responsible and your insurer refuses to take charge of the reimbursements of repairs that you thought you were entitled to? If your company sticks to its decision to denial of compensation, you are heading straight for an insurer dispute!
But even if the reasons invoked by your car insurance to justify its decision are many and varied (non-compliance with the conditions of guarantees, exclusions of guarantees appearing in the contract, late declaration of loss, lie or omission, overestimation of the damage, failure to payment of contributions …), you can obviously contest.
To find out about all your legal remedies in the event of a dispute with your insurance, it’s this way !
Auto insurance, refusal of compensation and insurer litigation: go crescendo!
The remedies in the event of a refusal of compensation from your insurance are clearly marked:
- First contact your usual insurance advisor or agent or your company’s customer service to try to find common ground.
- If nothing helps, formally contact your insurer’s claims department
- If the insurer persists in its refusal, turn to the insurance mediator
- As a last resort, go to court
First step: contact your usual advisor
First and foremost, it is important to know any insurer litigation is prescribed after 2 years. It is imperative that you disagree with the amount of compensation or the refusal to compensate by registered letter with acknowledgment of receipt.
Then seek an amicable solution by contacting your usual advisor directly. The ideal is that the two parties come to a transactional agreement which will then be signed and put an end to the dispute.
You can also call on an independent insurance expert at any time to put your weight in the negotiations.
Second step: enter the claims department of your insurer
The search for an amicable solution did not work? The general conditions of your insurance contract mention contact details for the complaints department to which:
- You will send a letter indicating the subject of the dispute with your insurer, accompanied by all documents relating to the case.
- You will indicate the steps already taken
The complaints department has 2 months to answer you from the reception of your referral by mail with acknowledgment of receipt.
Third step: contact the insurance mediator
Without return at the end of 2 months or in the event of a negative response, the insurance mediator is then competent for the further processing of your dispute.
An independent authority outside insurance companies, the mediator’s mission is to find amicable solutions to disputes between consumers and insurance companies. After having found his contact details in your insurance contract, send him a letter in which you will mention:
- The name of your insurance
- Your contract number
- The subject and description of the dispute
The mediator delivers his decision within 3 to 6 months. If you are not satisfied with it, you have the fourth step left.
Referral to the insurance mediator interrupts the 2-year limitation period. The limitation period is also extended to 10 years for claims for compensation for bodily injury.
Fourth step: legal action
Before going to court, it is still necessary to know which jurisdiction to address! As such, the determination of the competent court depends on the importance of the dispute. It will be :
- The local court or the judicial court for a dispute less than or equal to 10,000 euros
- The judicial court for a dispute over 10,000 €
Little advice that can help you save a lot of money : check if your home liability insurance does not offer you legal protection coverage. Maybe you could then get legal aid (lawyers, experts, etc.), in order to find out about your rights, the details of your insurance contract (car deductible, level of compensation, etc.) and procedures then, if necessary, support and support. total or partial charge of your legal fees in the event of a lawsuit.
- If the dispute is linked to an accident, it is the judicial tribunal, and it alone, which has jurisdiction.
- The obligation to be represented by a lawyer only applies to disputes over 10,000 euros