Refusal to pay by CASCO
The insurance refused to pay for CASCO? However, most motorists consider insurance CASCO almost a panacea for all possible troubles that can happen to the car. At the same time, few of them read the contract carefully – and what is their surprise when the insurer, smiling nicely, declares: “What are you! It’s not an insurance case. There is no payment for CASCO!”
Why does the insurance refuse to pay under CASCO?
Usually the insurance does not pay by CASCO, explaining this for a number of standard reasons, usually listed in the contract in passing, so as not to catch the eye:
- The driver who was driving at the time of the insurance case is not included in the policy
no regular insurance payment made
- car stolen with documents and keys
- refusal of the police to initiate criminal proceedings if the car is damaged not in an accident, but by third parties
- missed the deadline for contacting the insurance company and a number of others.
In these cases, you will receive a refusal to pay, and even you will feel guilty: here I am, ruin – forgot the documents in the glove compartment. Yes, the rules of insurance payments in this case are not provided. But the rules are written by insurers – and they will not offend themselves.
Meanwhile, you have every right to collect under CASCO from the insurance company, as the terms of the contract, contrary to the law, for any court are negligible. That’s the calculation of insurers: you will believe that, having signed the contract, agreed to the imposed conditions and seek justice will not – and the insurance company will save you a lot of money.
Meanwhile, including such conditions in the contract, insurers put the payment of the premium not from the fact of the occurrence of an insurance case (in this example – the theft of a vehicle), but from the actions of the insurer, which is illegal. Since the car is insured against a certain danger (theft) – and if the insurer is harmed (you have lost the car), the insurance company is obliged to compensate you, regardless of what was in the car.
If the insurers refused to pay the money in such a case, your claim was not answered and did not stand the deadline for transferring the insurance premium to you, you may well receive a payment under CASCO, and the Consumer Protection Act guarantees you the amounts due to you.
But this can only be achieved through the CASCO court. The reason for going to court can also be not a direct refusal of the insurance company in payment, and the payment of a smaller amount or exorbitant waiting time for payment, when you seem not to refuse, but the money is not going to transfer.
So, what to do if the insurance does not pay for CASCO.
- Make a claim to the insurance company (in this case, if it is not a refusal, but a disagreement with the amount of payment, attach to the claim a copy of the independent examination with a real assessment of the damage). The claim should certainly refer to the rules of laws confirming your claims.
- If there is no reaction after the deadline for satisfying the claim – file a lawsuit against the insurance company.
- Defend your interests in court – and receive legal damages, due to you under insurance.
Help of the auto-artist
You don’t have any experience? You don’t know how to file a lawsuit, how to behave in a court hearing? Please contact us.
We will assess the situation and recommend which court to apply to, who to bring to participate in the case, what and how you can get in a particular situation: insurance reimbursement, fine, compensation costs, etc.
We will help to competently draw up and set a procedure to file a lawsuit in court. During the trial – if you trust us – we will represent your interests. Years of experience in such cases suggest that the participation of a lawyer transfers the court session from an emotional plane to a business one: a lawyer, communicating with the court in one – legal – language, can quickly convey to the judge the reasoning of his position.
He quickly orients himself in the situation, is able to react in time to its changes and timely to make the necessary motions, call the right witness or in any other way to influence the situation – and to sway the opinion of the court in your favor.
If the case is won – and we won a lot of them – the costs of our services will be recovered from the defendant, that is, from the insurance company.
Call, please. The insurance company will not voluntarily pay you. But through the courts, we will be able to restore your legal rights.
You will be assisted by an insurance lawyer