The insurance company refused to pay
Almost every car owner has faced cases where the insurance company refused to pay a refund for the repair of a damaged car. We have already considered the possible reasons for such refusals in this article “Does not pay the insurance company” – they have invented a considerable number, many of them insurance companies (UK) indicate in the contract, in the hope that the car owner, feeling “guilty”, will not demand money with the UK. Once again, let’s remind you of the possible reasons for the failure used by most insurers.
Reasons such as:
- alcohol use by the culprit or participant in an accident
- factory marriage that caused damage
- Transfer of control to a person not included in the contract; negligence of the driver and his passen
gers car did not pass the TO (demonstrated inspection)
- inaccuracy of information about an accident or damage to a technical tool.
It is possible to list a dozen other typical reasons, but only those requirements of the UK, which are stipulated by the Civil Code of Ukraine and the Insurance Act, are legal.
There are only five of them:
- Untimely notification of the UK about the insurance case, if it affected the ability of the insurance to make a payment (The condition is very important. Most insurers without unnecessary conversations “wraps” customers, if they have overdue the established Rules of insurance 15 days from the ti
me of the injury.But the Civil Code of Ukraine found that the failure to notify in due time gives the insurer the right to refuse to pay insurance reimbursement, if it is not proven that the insurer learned in a timely manner about the occurrence of the insurance case or that the lack of information about the insurer could not affect the insurer. That is, if the lack of information on the ability to pay compensation did not affect – the UK is obliged to pay. And if in this case you were denied insurance payment, you can legally claim your money, up to the court)
- Intentional actions for profit or gross negligence. We are talking about intentionally getting into an accident to get money or when you, realizing what it can threaten, still did not get tired: for example, drove into a flimsy bridge or parked at the construction site under a working crane, keeping in mind that the car is insured. But if you were standing at the house, where nothing seemed to threaten you, and the traveling brother-in-law on the bike did not keep his balance and scratched you the door with the steering wheel or pedal, the UK has no reason to refuse you, because the legal insurance case – there is
- Deliberate failure of the insurer to take available measures aimed at reducing the loss. For example, there was a fire in garages – and you have time to open the garage and bring the car to a safe zone. But you stand on the sidelines, because, they say, the insurance will pay. That’s where he won’t pay. However, not any of your inaction can be regarded as not taking proper measures – jumping into the blaze, risking your life to save the insured property, no one forces you. And if you had to break the garage to leave the car, the insurance is obliged to compensate you for the damage. Although this will not be an “insurance payment” as the insured property was not damaged, and the insurance case did not come.
If in such a case the insurance refused to pay – you can also seek your rights through the court.
Finally, two more very obvious points remain legitimate
- Repair or disposal of the car before the examination of the damage assessment simply does not allow the UK to determine the extent of the damage, nor to verify the occurrence of an insurance case. Therefore, insurers have a legal right to refuse to pay
- Damage as a result of unspecified force majeure circumstances: from street disturbances to the fall of a meteorite. However, if the contract states that the UK undertakes to compensate for the damage caused by natural disasters or natural phenomena, for example, the repair of a hail-battered machine, it will be obliged to pay for.
Thus, it can be summarized that any other cases, even noted in the contract, are contra
ry to the law – and can be challenged in court. For example, if it is a matter of negligence or intent, which you are unjustifiably charged. At the same time, it is desirable to enlist the support of professional lawyers who understand all the intricacies of the legislation.
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You will be assisted by an insurance lawyer