Description
Insurance law is a branch of law that aims to facilitate the carrying-out of various public activities by securing the risks arising from their realization.
For example, the popular ‘Motorists' civil liability’ insurance enables the mass use of cars by transferring the risk for citizens of incurring liability for damages caused by traffic accidents to insurance companies. Other types of insurance guarantee that the quality and condition of a property is maintained - for example, it is important for the bank that the apartment mortgaged to it is in good condition so that it can serve as collateral for the loan. Accordingly, if the apartment were to perish in a fire or an earthquake, the bank would receive the insurance compensation due for that risk. A trader offering international transport of goods insures the latter so that he does not have to pay their value in the event of an accident. Some people choose to conclude a life insurance contract, so that their loved ones receive a certain benefit when the insured person dies.
What is particular about the insurance relationship is that the insured pays a certain fee to the insurer, so that the latter bears the risk of the accidents mentioned - the so-called insurance premium. The insurer, in turn, is a trader whose aim is to make a profit from this activity. He profits, if no accidents occur. But this is beyond his control and in practice insurance events do occur. So insurers all over the world try to find reasons NOT to pay a compensation or to reduce the amount payable in case of an occurrence of an insurance event. They achieve this primarily by defining the so-called excluded risks - hypotheses in which the insurer is not liable for the damages incurred. Often, the legal texts governing these hypotheses are complex and are contained in voluminous legal documents – the so-called general terms and conditions. Insurers regularly invoke such exceptions, and it is not rare that their arguments are not entirely justified. But the injured party is seriously impeded in his or her judgment by the great legal complexity of the situation. In such a case, it is absolutely necessary to consult a lawyer. With my experience in insurance cases, I would be able to analyse your contractual relationship with the relevant insurer, to look at the specific case and assess whether the refusal of a compensation is justified. If the insurer does not have grounds to deny the compensation, I will prepare the necessary documents to take the dispute to court for a decision requiring the insurer to pay you a compensation.
It is possible that the insurance company's denial is justified. The question then arises whether the analysis of the various insurance offers at the time, when the contract had been concluded, was adequate enough. I could also assist you at the stage of conclusion of the insurance contract by assessing the offers of the various insurers and, above all, by explaining to you what coverage is actually provided by the complex legal constructions set out in the general terms and conditions.
It is equally important to contact a lawyer immediately after the occurrence of the insurance event. This is necessary since insurers often refuse to pay compensation because they claim that the insured person did not perform a certain act in accordance with the requirements of the insurance contract. For example – he or she failed to notify the insurer within the prescribed time limit, to call the police or other competent services, or to arrange inspection of the damaged property immediately after the accident, etc.
The aforementioned and most popular among the population ‘Motorists' civil liability’ also implies legal complications. These most often arise when the injured party seeks compensation for damages suffered in an accident for which he or she was not at fault. Often, insurers start demanding numerous documents without which they refuse to pay a compensation. Or if they do pay such, the compensation is often much below the value which is actually needed for the repair of the damaged car. It is likely that insurers proceed in this way on the basis of the concept that, in the majority of cases, the affected citizen will not pursue his or her rights before court. Do not allow yourself to be harmed in such a way and suffer material losses in addition to the nerves and stress of the accident. Contact me and I will provide you with an opinion whether you have grounds to initiate legal proceedings in relation to your case.
Even more unpleasant are the situations in which a car owner has decided to conclude a "Casco" insurance (which, unlike "civil liability", is not compulsory), has paid his insurance premiums regularly and, when the time comes for the insurer to compensate him in connection with an accident, the compensation is refused. In such a case, it is also important to contact a lawyer who can advise you on how to approach in the specific situation and whether you should go to court.