Form of auto insurance contract
The contract of automobile insurance must be in writing, in English and in apparent characters . Similarly, the clauses of the policies enacting nullities, disqualifications or exclusions of risks are valid only if they are mentioned in very apparent characters (Rules of Insurance).
If these clauses are incomprehensible or written illegibly, they can be declared unenforceable and the insurer can not rely on them .
Documents to be provided by the auto insurer
Prior to the conclusion of the auto insurance contract, the insurer must provide the customer with an information sheet on the price and the guarantees of the contract and a copy of the draft contract and its annexes (or an information The contract specifying in particular the risks guaranteed and excluded and the obligations of the insured).
The documents must also specify the applicable law and the procedures and procedures for complaints that the person concerned may make concerning the auto insurance contract.
Concretely, The delivery of the documents shall be evidenced by a statement signed and dated by the subscriber affixed to the bottom of the policy by which the latter acknowledges having received in advance these documents specifying their nature and the date of their delivery.
A car insurance proposal can also be submitted and signed by the insured .
This is a questionnaire form that is completed by the person who wants to be sure and who is the basis for the final police drafting.
But a simple proposal does not commit the insured or the insurer . Only the definitive policy or the cover note. Ensure and serve as a basis for the drafting of the final police. But a simple proposal does not commit the insured or the insurer.
Terms and Conditions
The auto insurance policy is a document signed by both parties . This document demonstrates the existence of the auto insurance contract and is proof of it. An auto insurance contract can never ever be verbal.
The car insurance policy is in fact made up of two parts:
1. The general conditions appear on a standard form recalling the regulations applicable to auto insurance contracts, that is to say, Claims, specifying the purpose of the insurance (definition of insured risks, exclusion of risks, etc.).
2. The special conditions are specific to the subscriber.
They are dated the day they are established and signed by the company and the subscriber.
They must indicate a number of references:
– the identity of the parties, the thing (or person) insured,
– the nature of the risks guaranteed (example: motor vehicle and its accessories in case of the theft insurance),
– the moment at which the risk is guaranteed
– amount of security,
– all information on the premium paid,
– law of the contract,
– registered address of the insurer (or branch that provides Cover),
– name and address of the authorities responsible for the supervision of insurance.
The defense recourse
This warranty requires your insurer to contact the car insurance company of the identified person in charge of an accident to obtain compensation for damage to your car and its occupants.
This warranty is almost always included with the mandatory minimum warranty “Liability” .
The legal protection guarantee
This guarantee complements the “defense remedy”. It allows you to benefit from the assistance of professionals in the event of, for example, legal or administrative proceedings involving your car, dispute when renting a replacement car, conflict between you and us on the placing In game of a guarantee or the settlement of a claim.
In addition, costs incurred in certain procedures related to your vehicle (hidden defects not declared by the seller, problem arising with a rental replacement vehicle, etc.) are borne in part by the insurer.
The driver’s personal guarantee
In order to allow the injured driver in an accident for which he is held liable to be compensated for the totality of his injury , some insurers offer, generally as an option and under certain conditions, the ” Personal Guarantee of the Driver “.
This guarantee is intended to cover, in particular, the difference between the allowances paid by the social agencies and the total loss suffered. In the form of annuity or capital, it sometimes compensates you up to several million.