Form of car insurance contract
The car insurance contract must be in writing, in French 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 (Code of Insurance, articles L. 112-3 and L. 112-4).
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 car insurer
Prior to the conclusion of the car 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 (if it is not French law) and the procedures and procedures for complaints that the person concerned may make concerning the car insurance contract.
Concretely, the delivery of documents is evidenced by a signed and dated statement 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 could (Insurance Code, article L. 112-2).
Terms and Conditions
The car insurance policy is a document signed by both parties. This document demonstrates the existence of the car insurance contract and is proof of it. An car insurance contract can never ever be verbal.
The car insurance policy actually consists of two parts:
1. The general terms and conditions shall appear on a standard form recalling the regulations applicable to car insurance contracts, including, in particular, the procedures for reporting claims, payment periods, prescriptions, (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:
- identity of the parties, thing (or person) insured,
- nature of the risks covered (eg motor vehicle and its accessories in case of theft insurance);
- when the risk is guaranteed,
- amount of the guarantee,
- all information on the premium to be paid,
- law applicable to the contract if it is not French law,
- address of the registered office of the insurer (or of the branch providing coverage),
- name and address of the authorities responsible for the supervision of insurance (Code of Insurance, article L. 112-4).
The defense defense recourse
This warranty requires your insurer to contact the accident insurance company's car insurance company 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 loss, 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 francs.
The cover note
A cover note is a document signed by the insurer that allows the insured to be covered immediately (eg in the case of compulsory insurance: car insurance or professional insurance) but on a temporary basis. Thus, the insurer is obliged to cover the losses incurred between the delivery of this document and the due date.
This document, which is neither regulated in content nor form, is generally issued to enable the insured to have an immediate guarantee pending the final assessment of the risk by the insurer.
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