Alsace-Lorraine Local Reference INFOrmation
General information on taking out and cancelling a French insurance policy, with comprehensive details on insuring a vehicle (options from third party to all risks) and making a claim. Page includes a glossary of terminology used by insurance agents.
In France all insurance companies are regulated by the Code des Assurances which is a specific set of laws governing the rights and obligations of insurance, the insured and insurers. The policy is called a contract and must be treated as such. The onus is on the insurer to ask the right questions in order to adequately cover the risk whereas in many other countries the onus lies on the insured to disclose. When signing an insurance contract it is crucial to understand the declarations you have made and the extent of your guarantees. All insurance contracts are made on the basis of automatic renewal (tacit reconduction). This means that your policy will automatically renew itself on the annual renewal date without any agreement from the insured. Obligatory InsuranceVehicleA vehicle is classed as "all engines with a driver's seat", so this includes anything from a minibus to a tractor. All vehicles must be covered by Responsabilité Civile the French equivalent of third part liability. Caravans and trailers over 750 Kg must be insured separately. Valid insurance is shown by displaying the green coupon in the bottom, right corner of a windscreen (the green coupon and green card are issued by the insurer). Police may stop a vehicle for any reason and the driver must be able to provide them with:
No valid insurance can mean up to six months in prison. Who is insured?All policies cover the following: The public liability of the driver to all third parties, including an unauthorised driver who has taken the car without the permission of the owner. In a car policy there are three main people named within:
These titles can be the same or different people. In France the insurance is on the car and not on the person, therefore anyone who holds a valid driving licence is covered to drive the car unless expressly forbidden in the policy (Ferrari etc). In most policies it is stated that if the person who is driving has less than three years driving experience (prêt de volant) the excesses (franchises) will be higher. Who is third party?For a car policy everyone is third party who is not the driver, even friends and family as passengers, which is not the case for other public or private liability contracts. The driver is covered for any material or bodily claims resulting from an accident. You are also covered for, in the event of a claim, défense et recours, which means that should it go to court the insurer will represent your interests and pay any costs if necessary. Example: if an insured runs over a pedestrian the insurer will:
These are the basic minimum requirements that the law requires drivers to have. In some cases a no claims bonus (coefficient reduction, majoration or bonus malus) can be transferred from the last insurer. In France it takes 13 years to achieve full no claims bonus which is 50 percent, so it's recommended to bring your paperwork from other countries. Optional cover
Transferring a PolicyWhen you buy a new car to replace an existing car the insurance policy is called a replacement contract. Your old car is covered for one month on third party cover in order to give you time to sell or destroy it. After the one-month has elapsed it is no longer insured. It is illegal in France to have a car that is not insured, even if it is off road or garaged it must carry third party cover. One of the reasons for this is because if it were stolen the car would not be covered as mentioned earlier. ClaimingThe normal process when you have an accident is to fill in an accident report (constat amiable) (this document will be supplied by the insurer and should be kept in the car). This is then given to the insurer in order to start the claims process. If there is confusion or disagreements over the responsibility, involve any witnesses to the incident and if there are none then each person submits their version of events and the insurance companies battle it out. You will then be asked to provide a quote for any work you may need carrying out. If it is a significant amount then an independent expert will have to inspect the damages. A car is automatically insured to travel anywhere in Europe for a maximum period of time of three months. Any stay over this period and it is imperative to tell your insurance company.
Cancelling InsuranceIn order to cancel a contract there are various rules to be applied. For all contracts relating to risks such as goods. At least two months written and registered notice of cancellation must be given before the renewal date for the renewal date as a contract can not be cancelled "midstream". It is the stamp on the envelope which is the final proof of the correct notice period. This protects the consumer in that the insurance continues until registered cancellation is received. The Loi Chatel of August 2005 introduces that an insurer must now inform their client in the annual renewal notice that the client has the right to cancel the policy around the renewal notice date. How it works
It is important to keep the envelope renewal notice came in as proof of receipt date. You can also cancel for the following motives at any period of the policy:
(For top up health insurance at least three months registered letter notice must be given and the Loi Chatel does not apply in this instance, neither does it apply on any "life" policies or professional policies.) Glossary of Terms
Further Information
Information by Trystan Street of BML Assurances/Anglo-Agence Any suggestions for extra information that should be on this page? |
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