What is the limitation period for car insurance?

Verified 11 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The limitation period is the time after which you can no longer take legal action.

This means that if you bring a lawsuit after the limitation period for that lawsuit has expired, it will be declared inadmissible, and therefore it will not be considered.

In the field of car insurance, the limitation period is 2 years.

This period runs from the date of the event justifying the claim (for example, traffic accident, decision to refuse insurance compensation, legal action by an adverse party, etc.).

This means that if you want to claim a right from your car insurance policy in court, you must do so within 2 years from the date of the event that is the basis of your request.

For example, for a claim for compensation following a dispute, the event underlying the claim is the accident (accident, theft, vandalism, etc...).

It also means that if the insurer wants to claim in court a right from the car insurance contract, he must do so within 2 years of the date of the event which is the basis of his application.

For example, for a chargeback claim, the event that triggers the claim is the non-payment on the due date.

In some cases, the starting point of the 2-year period is later than the date of the event which is the basis of the claim for compensation.

When you ask your insurer compensation for a loss of which you became aware late, the limitation period for your action is short from the day you become aware that the disaster has occurred.

Thus, if your vehicle is stolen during your absence and you only discover the flight when you return from leave, the date of the flight declaration will be the starting point of the deadline.

But you still have to prove that you didn't know about the disaster.

Such proof may be furnished by any means.

When you claim from your insurer compensation requested from you by a third party, the limitation period for your action against the insurer is short from the day you paid the third party the compensation, or from the day the third party has taken legal action against you.

For example, when a protagonist of a traffic accident asks you to compensate him for his damages.

When the insurer asks you and you are reluctant, omission, or misrepresentation, the limitation period for the action of the insurer against you is short from the day on which he became aware of the matter which was the subject of his request.

The limitation period may be interrupted by certain events.

The interruption results in the cancelation of the time already elapsed, and a new period begins to run again from the date of the interrupting act.

The 2-year limitation period may be interrupted by any of the following:

  • Legal action
  • Appointment of an expert following a disaster
  • Registered letter or e-mailing from the insurer regarding the payment of the premium
  • Registered letter or registered electronic mailing of the insured concerning the payment of the allowance

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