You were late in declaring a claim. The insurer refuses to compensate you
Your villa has been broken into. You have sent your claim to your insurer outside the time limits provided for in your contract. You risk losing your right to forfeiture guarantee. However, we can refuse to compensate you only if the contract provides for this possibility and if your insurer proves that your late declaration caused him damage (article L. 113-2 of the Insurance Code).
If the delay in your claim declaration is due to a case of force majeure, such as hospitalization, the insurer will not be able to oppose the loss of your right to guarantee.
The clause providing for the forfeiture of your right to guarantee must be written in very visible characters, for example in bold type or in a box (article L. 112-4 of the Insurance Code).
In addition, the statute of limitations imposes a time limit on late declarations. As a rule, actions arising from an insurance contract are barred after two years from the date of the incident.
Dear,
In your letter of (date of the letter from the insurer and reference of the file), you inform me that you refuse to cover the loss that I declared to you on (date) on the grounds that the declaration was not made in the deadlines provided for in the contract.
However, I was not able to make this declaration on time for the following reasons: (indicate the reasons which delayed you), which constitutes a case of force majeure.
In addition, under Article L. 113-2 of the Insurance Code, it is your responsibility to provide me with proof that this delay caused you damage. I therefore ask you to reconsider your position and compensate me as quickly as possible.
Please accept, Madam, Sir, the expression of my best regards.
(Signature) 18
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