Small claims court
How can I take legal action against my insurance firm?
YOU dealt with the small claims court in a recent edition. I believe I will have to make a similar type of claim against our insurance company but our claim will be in excess of €4,000.
How would I go about making such a claim and is there an ombudsman system? E. W.
IF YOU have already complained to the company and the response has not been satisfactory, then it is possible to apply free of charge to a médiateur – a mediator, who will study the problem and give a response within around three months.
Your insurance contract should include their details or otherwise you should ask the firm to supply them.
You will need to supply details of the problem, including dates when relevant events occurred, and copies of paperwork, notably your last correspondence with the insurers, showing that you have been through internal complaints.
You will also need to give your insurance contract number and any dossier number for a given claim.
If all else fails and you need to go to court, where, as in your case, sums of more than €4,000 are involved then the application is to the tribunal d’instance, or, if more than €10,000, grande instance.
Being assisted by an avocat is optional in the former but required at grande instance.
