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As of today, the statistic of legal support for the recovery of the unpaid insurance compensation from insurance companies through the courts has increased.
As practice shows, Ukrainian insurers have an imperfect habit to refuse to pay insurance claims.
You should clearly understand that the insurance companies initially carries out their activities in order to obtain their own profit and not for the purpose of instant payment of insurance compensation.
Therefore, the first and primary goal for them is to create difficulties for the confirmation of the insurance case. In such a way the mentioned companies condition a non-payment of insurance compensation. The insurance company is ready to start the abovementioned process upon you pay the insurance remuneration to enter the insurance contract.
In connection with this, when signing an insurance contract, you should pay attention to all of the provisions in a contract (they may be "scattered" throughout the contract) that regulate the confirmation of the insured event and the terms of payment of insurance compensation.
It does not pay to sign the contract and pay money if you doubt at least a clause of a contract, because it is all for nothing and in such a case you will get nothing.
Such concepts as the insurance risk and insurance event are conceptual for the nature of an insurance contract, that is why it is necessary to understand these concepts.
The insurance risk is a certain event that may occur and has the features of probability and chance of occurrence, and in the case of which the insurance may be carried out.
In turn insurance event is the event specified in the insurance contract and in the legislation, that has already occurred and with the occurrence of which arises an obligation of the insurer (insurance company) to effect payment of the insured amount (insurance compensation) to the policyholder, insured or third party.
The insurance risk is deemed to be the insurance event under the following conditions: its occurrence that is also established by the contract.
An insurance contract may establish cases for a voluntary insurance, which are stipulated by the insured and the insurer.
In turn, the legislation establishes and regulates insurance cases of obligatory types of insurance.
However, irrespective of a type of insurance you choose (voluntary or mandatory), you should understand the risks and obligations you receive.
In this case, it would be better for you to act with a professional lawyer.
In most cases, insurance companies prescribe as the grounds to refus to pay compensation a non-fulfillment of an insurance contract, as well as the ambiguous terms of the contract, which they then interpret in their favor.
The issue of the documents you should provide to the insurance company to obtain the insurance compensation is also rather complicated.
It should be noted that the Ukrainian legislation does not set an exhaustive list of documents that shall be submitted to the insurance company for the insurance compensation. It may be provided by the insurance contract.
This list is very often supplemented by insurance companies and may contain documents that you will neither be able to get, nor to provide them to the insurance company in time. Therefore, before signing the contract, you should clearly understand what documents you shall receive and the period for their collection.
Also, the order, terms and formula for calculating of the payment of insurance compensation shall be clear.
The sequence of the decision making and terms of payments that depend only on the events that are caused by the actions of the insurance company (i.e., if the insurance company does not carry out these activities, the event will not occur and the period for payment compensation will not start), or the events that may never happen are often hidden in insurance contracts.
The formula for calculating of the refund is not also precise. In most cases it includes nonmathematical, complicated conditions (for example you will receive X money, if broken parts are transmitted to the insurance company, and Y - in the other case; if the damage is assessed by the expert of another insurance company, you will receive Z etc.).
In connection with the abovementioned, we may conclude that the provisions of the insurance contract significantly determine the nature of relations between the insured and insurer. Therefore, at first you should elucidate all the aspects that you do not understand. After reading the contract, you should ask the seller the questions, paying attention to the quality of his answers. The level of knowledge and competence of the insurer indicates the status of the insurance company.
The insurance contract often contains provisions that de facto nullify your chance of getting insurance compensation, and you should always think over its signing.
We advise you to examine carefully the insurance contract before its signing, and employ services of the insurance company that gained the reputation of a reliable and trusted partner.
In this regard, we consider that it is relevant to receive the qualified legal assistance in a form of – The Audit of an insurance contract.
If, however, your legal rights and interests are violated, the insurance company refuses to pay the insurance indemnity payments or delaying the process, we will help you to denude insurance compensation in a rapid and efficient way.
Lawyers of our firms have successful experience in the solution of such legal conflicts which appear with insurance companies and they are about to give all their strength, experience and knowledge to protect your interests.