The insurance company does not pay

What if the insurance company does not pay? You can insure the car from theft or damage in an accident, but to insure yourself against all the troubles, unfortunately, is simply impossible. And insurance compensation, that is, money for repairing a damaged or buying a new car in exchange for a stolen car, you will get only at the onset of an “insurance case”, that is, pre-provided, stipulated i
n the contract between you and the insurance company. And in order not to happen that the insurance refused to pay compensation, it is necessary to carefully examine all the points of the contract. Especially those, which list cases of responsibility for damages not on the insurance company, but on the driver, that is, on you. This can be, for example, failure to not
ify the insurance company of the accident.

Here are the most typical cases of denial of insurance reimbursement:

• Damage due to factory marriage
• Deliberate actions of the car owner (creating an emergency to collect from insurance money)
• Driving under the influence
• Management of a person not included in the contract
• The car did not pass the TO
• Incorrectly stated information about the circumstances of the accident or damage (insurance cheating)
• Negligence of the insurer or his family (carrying by an oversized object – a ladder, for example – and hit the wing of the car).

In fact, only the requirements of the insurance company, which are listed in the Insurance Act and the Civil Code, can certainly be legitimate:

• The driver did not notify the insurer in a timely manner about the occurrence of the insurance case (and the late notification affected the insurance company’s ability to make a payment)
• Driver intentionally failed to take available measures to reduce damages
• Deliberate actions of the driver or third parties for profit or grossly reckless actions
• The accident occurred as a result of force majeure: nuclear strike, civil war, strikes and riots, etc. (at the same time, if such circumstances are marked in the contract as insurance cases – the company is obliged to pay compensation)
• You have repaired or disposed of the car prior to examination, which does not allow you to determine the presence of an insurance case and determine the extent of the damage.

All other reasons, if you were denied an insurance payment, can be challenged by filing a claim with the insurance company, and in the a
bsence of a proper response to it – you have every right to defend your rights through the court. What to do in case of refusal to pay for OSAGO or CASCO is detailed in the relevant subsections on our website. It also provides specific examples of incorrect failures of insurance companies.

What to do?

But claims can be not only on your part to insurance companies, but also from insurance companies to you. Most often it happens in the circumstances when there was a fairly large accident, the culprit of which you are recognized. At the same time:

• The second participant has CASCO insurance
• The amount of damage caused to him exceeds the limit of your liability under OSAGO

Then the amount missing to cover the cost of repairs will be the insurer of the victim will try to collect from you. And in the order of the so-called subrogation to you – for this amount – will come a claim from the insurance. What should you do in a situation like this? Don’t go to extremes.

First, do not pretend th
at you did not notice the claim.

It is best to immediately contact specialists on such issues – you can in our
law firm – who will be able to assess the situation.

• The amount should be displayed in view of the natural wear and tear of the parts
• The claim must be confirmed by a whole package of supporting documents.

Your fault in the accident, the amount of damage caused, the insurer’s right to subrogation must be confirmed.

Having built a line of behavior competently, you can either withdraw from yourself the claim, or significantly reduce the amount of payment.

To help you in this will always be happy employees of our firm – a lawyer for insurance disputes.