Litigation with insurance
A contestation or disagreement with his insurer is something quite common. But in most cases, it is a misunderstanding or misinterpretation of the insured about his contract.
The first thing to do is to re-read your insurance, including the conditions of non-inclusions of guarantees and special suplementary conditions and do not delay to contact his adviser in case of uncertainty.
Disputes with his insurer generally involve a refusal to compensate for a claim, an unacceptable sum of compensation, a late declaration, the non-reimbursement of a broken object, a change in an unrevealed situation or because of a claim. Too long processing period for example.
How to make an amicable remedy with his insurer?
In a letter of declaration you will demonstrate that you have informed the insurer of the loss within the legal period and that the latter is covered by the insurance while showing that the guarantee conditions have been met (no intentional fault or exclusions). Attention, the limitation period is a short 2 years, beyond this date no action will be possible!
It is not always simple to express your grievances in writing, 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 keep track of your steps if, subsequently, you have to require the Ombudsman's intervention. This procedure will allow you to get an informed and external sight on the dispute between you and your insurer, when it does not work.
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 car insurance contract (refusal of assumption of responsibility)
I acknowledge receipt of your registered mail dated [write the date] in which you simply inform me that you refuse to compensate the theft of my GPS in London that I declared [date] on the grounds read more that it falls under the exclusion of guarantee.
However, there is obviously a contradiction between the general conditions and the particular conditions of our insurance. Indeed, Article 3 provides for the compensation of objects broken into my car 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 seriously 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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Model letter of contestation to an insurer for the management of a claim
Litigation with insurance