Auto insurance litigation: what are the procedures and remedies?

Auto insurance litigation: what are the procedures and remedies?

Do you have a dispute regarding your auto insurance because you are in disagreement with your insurer? Whether it is about insufficient compensation in the event of a claim, an increase in the contribution without valid reason or even a challenge to an expert report, there are various solutions. Let's see how to deal with the problem right away, starting with an out-of-court appeal before going through a mediator and taking legal action.
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Summary

    In which cases can there be a dispute in auto insurance?
    Who to contact first in an auto insurance dispute?
    How to contact an auto insurance mediator in the event of a dispute?
    How to judicially challenge an insurer's decision?
    Is the Prudential Control and Resolution Authority a solution in the event of an auto insurance dispute?
    Is the legal protection guarantee useful in the event of an auto insurance dispute?
    Auto insurance dispute claim: our free model
    Faq

In which cases can there be a dispute in auto insurance?

After taking out a contract through an online auto insurance comparator or a company directly, there are many situations that can give rise to litigation.

Be aware, for example, that the contract can be terminated by the insurer, but this termination is considered abusive if there is no real justification or you do not agree with its arguments. The problem lies in the fact that the auto insurer does not have a legal obligation to justify its act.

In addition, you could disagree on the amount of compensation paid for a disaster that has just occurred or about the insurer's categorical refusal to cover you for this accident. This denial is commonly called a disclaimer of warranties.

Finally, there are other reasons that could create a dispute, such as a higher premium or deductible when the risk is the same or a disagreement on the expert report of the auto insurance.
Who to contact first in an auto insurance dispute?

The first action to take in the event of an auto insurance dispute is to contact the insurer, via a client advisor, the usual agent or the agency manager. This is an amicable solution that has been mandatory to consider since 2015 before initiating more complex and tedious procedures.

The disagreement must be reported by sending a registered letter with acknowledgment of receipt within a maximum period of 2 years. An exchange of arguments then takes place orally or in writing to try to find a solution that works for everyone. A transaction is then signed to end the dispute.

It is also possible to call in an independent expert yourself in the event of a dispute over the compensation paid.

In addition, if this is not sufficient, the request can be made to the claims or consumer department of the auto insurance company in order to resolve the dispute. The request must comply with the general conditions of the contract which must include his contact details. The elements to attach are the exact description of the dispute, the references of the contract or the claim file, the steps already taken and the personal details to be contacted. In addition, it is strongly recommended that you include all copies of the documents related to the problem. Upon receipt of the mail, the service has 2 months to respond to the request.

Remember to keep all your parts sent so that you are ready to move on to other steps if necessary.
How to contact an auto insurance mediator in the event of a dispute?

If there is no response from the claims department to resolve the auto insurance dispute or if it is simply not right for you, the insurance mediator may be called upon.

The insurance mediator is an independent authority external to insurance companies. He accompanies and helps find an amicable solution to an auto insurance dispute between policyholders and insurers who are members of the Insurance Mediation.

It can be entered by mail or electronically by the insured or his representatives, consumer associations, legal professions, public authorities and the insurer in agreement with his client. The insurance contract usually indicates his contact details or that of another mediator in the event that the insurer is not a member of the authority.

The appeal to Insurance Mediation is free and anonymous, but you must first be able to prove that you tried to resolve the auto insurance dispute amicably in writing and have not taken any legal action. After receiving the request, the organization responds within 90 to 180 days