Insurance company

Ask the law: can I force an insurance company to fix my car?

Chapter 4 of the referenced policy regarding exclusions states that in the event of loss or damage to the motor vehicle, or any part thereof, in the event of an accident while the motor vehicle is being driven under the influence of narcotics, alcohol or drugs which impair the ability of the driver to control the motor vehicle if this is proven to the competent authorities or admitted by the driver of the motor vehicle. This exclusion does not apply in the case of vehicle rental.

In addition, the company may have recourse to the insured or the driver of the motor vehicle or both, as the case may be, in the amount of the indemnity paid if it is proven that the loss or damage to the vehicle at engine, or any part thereof, results from driving the insured or another person under the influence of narcotics, alcohol or drugs.

Either way, you have the right to bring a civil action against the insurance company and the court will decide whether or not to compel the insurance company to pay the compensation depending on the situation and documents submitted.

Providing you with a car during the period of repairing your car is not part of the insurance company’s obligations when an accident occurs, but the company will be obliged to do so if it has been agreed on this in the insurance contract.

Chapter 2 concerning the obligations of the insurance company stipulates that:

(1) The Company will indemnify the insured for loss or damage to the insured motor vehicle and its accessories while in the vehicle, including damaged parts and spare parts for any additional cover to be agreed under this policy or its special endorsements. .

It also specifies under the same chapter that:

(2) In the event of an accident, the company must:

a. Repair the motor vehicle or any of its parts, accessories or replacement parts and restore the vehicle to its pre-accident condition.

b. Pay the amount of loss or damage in cash to the insured if agreed with the insured.

vs. Replace the damaged motor vehicle in the event of total loss, unless the Insured asks the company to pay him the amount in cash. In this case, the company will respond to the request of the insured.