Litigation with insurance
A contestation or disagreement with his insurance contractor is something quite usual. But in the majority of cases, it is a misunderstanding or misinterpretation of the insured about his insurance.
The first step is to read again your insurance, including the terms of exclusions of guarantees and special suplementary conditions and do not hesitate to contact his adviser in case of doubt.
Disputes with his insurer generally involve a refusal to compensate for a claim, an insufficient amount of compensation, a late declaration, the non-reimbursement of a scrap item, a change in an unrevealed situation or because of a claim. Too long processing schedule for example.
How to make an amicable remedy with his insurer?
In a letter of declaration you will demonstrate that you have told the insurer of the loss within the legal schedule and that the latter is covered by the contract while demonstrating that the guarantee conditions have been encountered (no on purpose fault or exclusions). Attention, the limitation period is only 2 years, beyond this period no action will be possible!
It is not always easy to explain your grievances in a letter, that is why we propose below models of letter of complaint to the contractor for many reasons and insurers (Maif, MMA, Matmut, Axa, Allianz , Macif, Gan, Groupama, Maaf, GMF, etc.). It is quite important to send your letter by registered mail in order to follow up of your steps if, subsequently, you have to require the Ombudsman's intervention. This procedure will allow you to get an informed and external opinion on the dispute between you and your insurer, when it does not succeed.
Similar letters: Referral to the BCT after a refutation of compulsory insurance, Make a request for arbitration, Request a conciliation.
These letters can be useful to you:
Request an information statement from the contractor Request a copy of a certificate of insurance
Examples of mail to settle a dispute over an insurance contract
Subject: Claim compensation.
Example for an automobile insurance contract (refusal of assumption of responsibility)
I acknowledge reception of your registered mail dated [put the date] in which you kindly let me know that you refuse to compensate the theft of my GPS in London that I declared [date] on the grounds that it falls under the exclusion of insurance.
However, there is obviously a contradiction between the more info general conditions and the specific conditions of our insurance. Indeed, Article 3 provides for the compensation of objects broken into my vehicle at the European level, but the special clause B provides for exclusion outside France (for example).
Referring to the case law, I ask you to kindly review your position and make my compensation as soon as can be.
In the meantime, please accept, Madam, Sir, my best regards.
This writing model can be adjusted to any needs.
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Litigation with insurance