CASCO’s voluntary insurance is designed to protect the owner of the vehicle from damage to his property or from car theft. And many car owners perceive insurance as a panacea: they say that whatever happens to the car, there is no threat to the financial position of the owner – all costs are borne by the insurance company (UK).
But in fact, quite often the client of the UK is faced with either refusal to pay insurance compensation, or with a significant underpayment: the amount issued is not enough for repair work. If attempts to settle a dispute with the insurance company by filing a claim and receiving legal money have not been successful, the only way to get the necessary funds from the insurance is the court of CASCO.
Why are they being denied payments?
Possible reasons for the UK’s refusals explain which of them are legal and which can and should be combated are detailed in this section→.
And the procedure for filing a claim against the insurance company, conducting a court hearing and receiving money after a positive court decision, is described here→.
In this article, we will try to show by examples that the court on CASCO is quite possible to win – so do not give up, and if in their own strength and legal knowledge there are doubts – contact our experienced auto-lawyers. And together we will find a just solution to your problem.
Timeline of accident notification
Very often the reason for the refusal is the late notification of the UK about the insurance case. Insurance companies explain the refusal by the fact that they were not able to check all the circumstances of the accident because of late notice, can not determine the occurrence of an insurance case and therefore – to make a payment.
However, the client has the right to appeal against such a decision, if it proves that the absence of notice in due time did not affect the obligation of the UK to make a payment.
As an example, we can cite a case where the client with our help has sued the insurance compensation, presenting the UK and the court all the evidence of the occurrence of an insurance case – a certificate from the police, a protocol and an administrative offence. From the submitted documents it was unequivocally that the accident really happened, and all the circumstances of the accident were established. The court decided that in this case the insurance company had neither the need to establish these circumstances on its own, nor the grounds for refusal to pay insurance compensation. And our client fully received an insurance payment and a fine for its delay.
Overdue CASCO policy
Another common reason for non-payment of insurance reimbursement is the delay of the next insurance payment. In our practice, there are cases where we have sought payments under such circumstances.
Moreover, in the contract in black and white it was written that the delay of the next installment exempts the UK from the obligation to pay compensation. And the court of first instance on this basis supported the decision of the insurance. The higher court, where we applied, overturned the court act and made a different decision. The insurer’s claims for insurance reimbursement were met on the grounds that the insurance contract was not terminated or terminated. And under its terms, the accident, which the client got into, is an insurance case and entails the appropriate payments, which is obliged to make the insurance company.
Customer protection in court
As you can see, even in seemingly hopeless situations, the opportunity to achieve justice is very great. To do this, you need to know the laws accurately, properly interpret them and be able to defend their interests in legal battles. If you do not have such skills, you can use the services of our specialists who are always happy to help you.
You will be assisted by an insurance lawyer