Ask the law: does the insurance company have the right to refuse to pay compensation in the event of a road accident?

Answer: First of all, the Unified Automobile Loss Damage Policy gives the insurance company the right not to pay compensation or to resort to the insured in the following cases:

A) In the event of damage to a motor vehicle resulting from an accident while the vehicle was driven by a person who was not authorized to drive, in accordance with traffic laws, or without having obtained a driving license for the type/category of motor vehicle in accordance with traffic laws and regulations and the provisions of this policy, or if the driver held an expired driver’s license which does not renew it within 30 days of the date of the accident, or if the license granted to the driver had been suspended by in front of the court or the competent authorities or in accordance with the rules of the road.

B) In the event that loss or damage occurs to a motor vehicle, or part thereof, in relation to accidents while the motor vehicle was driven under the influence of narcotics, alcohol or drugs which impair the driver’s ability to control the vehicle if proven to the competent authorities or admitted by the driver. This exclusion does not apply in the case of vehicle rental. In case the license of the vehicle had expired, the insurance would still be valid for 30 days afterwards.

Second, you have the right to file a civil suit and submit all documents related to the case and the court will make a decision whether or not to ask the insurance company to pay the compensation.

Article 1036 of the law on civil transactions stipulates: Actions arising from insurance contracts are time-barred by the expiry of a period of three years from the date of the occurrence of the loss which gave rise to the claim. action or knowledge of the person concerned. on its occurrence. However, this period does not run, in the event of concealment by the insured of information relating to the insured risk or of submission of inaccurate declarations, until the day on which the insurer becomes aware of it.


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Justin D. O'Neill