Casco motor insurance
Filing of claims based on a contract for “Casco” property insurance is carried out in the manner and within the time limits provided in the insurance contract. (Art. 106, para. 1 of the IC).
When filing a claim, you should provide the insurer with complete and accurate data on your bank account to which the specified insurance compensation will be transferred. (Art. 380, para. 1 of the IC).
In case you want the compensation to be transferred to the bank account of another person, then it is necessary to present to the insurer an explicit written power of attorney with notarized signatures for the respective insurance claim or payment, which contains a statement that you are notified that you have the right to receive the payment in person (Art. 338, para. 1, sentence 1 of the IC), and afterwards the compensation will be transferred to the bank account of the other person.
The insurer should inform you of the evidence you need to provide to establish the basis and amount of your claim. (Art. 106, para. 4 of the IC).
The insurer may require the submission of additional evidence. This shall happen within 45 days at the latest from the presentation of the evidence determined by the contract and the rules under Art. 104 of the IC, which were not provided for in the insurance contract at the time of its conclusion and which are necessary to establish the grounds and amount of your claim. (Art. 106, para. 4 of the IC)*
* It is not allowed to require evidence that the user of the insurance service cannot obtain due to existing regulatory obstacles or due to the lack of legal possibility to provide it, as well as evidence for which it can be reasonably assumed that it does not have significant importance for establishing the grounds and amount of the claim and its only purpose is unjustified delay and prolongation of the procedure for settling the claim. (Art. 106, para. 5 of the IC).
The Insurer must rule on your claim within 15 working days from the submission of all evidence under Art. 106, para.4 of the IC. (Art. 108, para. 1 of the IC).
In case you do not present all the required evidence, the period of 15 working days for the insurer to rule does not start. However, according to Art. 108, para. 2 of the IC, the insurer must make a ruling within three months from the claim being filed.
You should bear in mind that the conclusion of an agreement between you and the insurer is not a mandatory condition for the payment of insurance compensation.
Only the determination and payment of the amount of the compensation or the insurance amount by the insurer or the issuance of a justified refusal of payment shall be considered a “ruling”.
When you have agreed to have the damage removed by a trusted service center, then also within 15 working days from the submission of all evidence, the insurer must issue a letter of assignment to the service center. The repairs last a reasonable period, unless you have agreed otherwise with the insurer. (Art. 108, para. 7 of the IC).
In case of disagreement with the ruling, you can file a complaint for review (appeal) to the insurer, and pursuant to Art. 290, para. 2 of the IC, he must consider and respond to your complaint within one month of its receipt.
In case of disagreement with the determined amount of the insurance compensation, you can file a complaint to the insurer with a request for providing factual and legal justification of the amount, and pursuant to Art. 108, para. 6 of the IC, the insurer is obliged to provide you with a written justification within 7 days.
You can also request the conclusion of an agreement with the insurer, which settles the amount of the due insurance compensation.
You should keep in mind that the rights under the contracts for Casco property insurance are settled with a three-year term of limitations as of the occurrence of the insured event. (Art. 378, para. 1 of the IC).