It is generally following a loss that a disagreement can arise between the insurer and the insured on the amount of the indemnity, the refusal or the delay of assumption of responsibility. Amicable negotiation is the easiest way to assert your rights. Even if it means going to court if it does not succeed.
Insurance, often compulsory for both auto and home insurance, can protect you, but sometimes disagreements arise with the insurer. The most frequent reasons relate to the slowness of the settlement of the claim, the total or partial refusal of its coverage, the interpretation of a clause of the contract to the detriment of the insured … Here are the solutions to your scope.
The internal track
Your insurer has informed you of a decision with which you do not agree: compensation proposal too low, refusal to cover certain damages ?? The easiest way is to try to resolve the dispute using local remedies. First, contact the advisor responsible for monitoring your case with your insurer, specifying the subject and the reason for your disagreement. If he still sticks to his positions, you can then enter the claims department of your insurer to explain your case and what you are asking for. Even if online referral is possible, it is wise to duplicate your complaint by means of a registered letter with acknowledgment of receipt.
Mediation
If the procedures with the internal services of the insurance company fail, you can send your file to the mediation of the insurance, an association authorized to examine the disputes between insurers and insureds which are transmitted to it.
The referral can be made online at www.médiation-assurance.org or entrusted to the good care of the post at: Médiation de l ?? Assurance TSA 50110, 75441 Paris cedex 09.
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Does an insured who encounters a dispute with his insurer have an interest in entering the mediation of the insurance? There are pros and cons. The main advantage is that this service is free for the insured and the re-examination of your file without having to go through the judge’s office.
But insurance mediation has no binding power: it issues a recommendation, which your insurer may or may not agree to apply. The insurance mediation has a period of 21 days to decide on the eligibility of your file, then a period of 3 months which can be extended in the event of the complexity of the file to provide a proposal. of solution. An extremely long period for the insured. For example, if the latter is waiting for compensation allowing him to repair leaks from a damaged roof or to repair the damage to his vehicle, which is essential to his professional life …
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The legal route, the last resort
After various exchanges, the insurer stayed upright and upheld the decision that made you unhappy. Or, you have entered insurance mediation without obtaining satisfaction. You have the possibility of entering the judicial court which will decide the dispute. It is better to use it only in the most serious cases and after having estimated the chances of success of the operation. A bad deal is better than a good trial, the saying goes. If the gap between what you hope for and what the insurer offers is minimal, it may not be a good idea to take legal action.
When the stake amount is less than or equal to 10,000 euros, you can take legal action without a lawyer. For a dispute of less than 5,000 euros at stake, you can refer the matter to the court by request, using a form that you send to it accompanied by the relevant documents. Between 5,000 and 10,000 euros, you must ask a bailiff to issue a subpoena to the insurer.
Above 10,000 euros At stake for an insurance dispute, the presence of the lawyer is obligatory, and it is he who will carry out the formalities to seize the judicial court. Insurance law is one of the most complex matters in all of French law, so it is a good idea to entrust the case to a lawyer specializing in insurance law. Depending on your resources, you can request legal aid who will cover all or part of the lawyer’s fees, unless you have legal expenses insurance.
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The guarantee of legal protection is often offered as an option in your auto insurance or comprehensive home insurance policy. But can you use it against your own insurer? This is entirely possible insofar as this guarantee covers legal fees (up to a certain amount) and procedural costs, leaving you free to choose your lawyer without your having to worry about it. insurer has no say. We then find ourselves in the case where the insurer is forced to finance the legal proceedings that you bring against it itself!
What are legal protection contracts worth?
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