In today's article, we'll discuss vehicle damage under comprehensive (AC) insurance. Vehicle damage under comprehensive (AC) insurance refers to damage or loss incurred by the vehicle owner, which is covered by their insurance contract, the content of which is confirmed by the policy. Compensation under comprehensive (AC) insurance is paid according to a specific procedure, which depends on the terms and conditions of the insurance contract.
Auto Casco is voluntary insurance that covers various situations, such as damage to the vehicle as a result of an accident (due to the driver's fault), theft, vandalism, damage caused by weather conditions (e.g. hail, fire) or collisions with animals, depending on the insurance option purchased.
To receive the compensation you deserve, you should report the incident to your insurer as soon as possible. You can do so by phone, through their website, mobile app, or in person at their office. It's important to report the damage within the timeframe specified in your policy (usually within a few days of the incident). The insurer may send an appraiser to assess the vehicle's condition and the extent of the damage. In the case of minor damage, photos sent by the vehicle owner may be sufficient. After accepting the estimate and payment method, the insurer transfers the funds to the bank account specified by the owner, unless cashless repair is selected, in which case the insurer settles the payment directly with the repair shop.
It's important to remember that the amount of compensation depends on the terms of your auto insurance policy, such as the sum insured, depreciation, deductible, and liability exclusions, which may limit coverage in some cases. It's worth carefully reading the terms of your auto insurance policy to understand the rules for calculating compensation.
It should be noted that if the provisions contained in the General Terms and Conditions of Insurance are formulated in an unclear manner, especially for the consumer, in accordance with the Supreme Court case law, when interpreting the insurance provisions, including the general insurance conditions, the purpose of the contract and the interests of the policyholder, the insured person or the entitled person should be taken into account.
As follows from the justification of the judgment of the Court of Appeal in Warsaw - I Civil Chamber of 8 November 2016, I ACa 1807/15, "When interpreting the provisions of an insurance contract, including the general terms and conditions of insurance, the purpose of the contract and the interests of the policyholder, the insured person or the entitled person should be taken into account. This line of case law has found normative expression in Art. 12 sec. 4 of the Act of 22 May 2003 on insurance activity (consolidated text: Journal of Laws of 2015, item 1206, as amended), and then in Art. 15 sec. 5 of 11 September 2015 on insurance and reinsurance activity (consolidated text: Journal of Laws of 2015, item 1844, as amended). According to these provisions, ambiguously worded provisions are interpreted to the benefit of the policyholder, the insured person, the beneficiary or the entitled person under the insurance contract. Furthermore, The view is well-established in case law that any doubts as to the meaning of statements contained in a document should be interpreted to the detriment of its author." In accordance with the above-mentioned position, provisions formulated ambiguously are interpreted to the benefit of the policyholder.
For more information, please contact us. We will assist you at every stage of the process to obtain the compensation you deserve.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of October 9, 2024
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