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Thegonnec
Thegonnec, Judge
Category: French Law
Satisfied Customers: 1412
Experience:  11 years experience as judge at Paris Industrial Tribunal
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Hello, My mother has a residence secondaire which was unfortunately

Resolved Question:

Hello,

My mother has a residence secondaire which was unfortunately severely flood damaged at the beginning of last year due to the fault of a third party. She has insurance cover from a well known firm and the insurance representative arranged for associated works people to come and asses the damage and what remedial works therefore needed to be undertaken. She was led to believe that this would be further arranged and subsequent works carried out via the insurance representative. However despite ongoing attempt to either contact in person or now via letter/phone/email there is no response from the insurance representative. This has led her to believe that there is a problem (difficult to manage the situation fully as she cannot remain in France whilst all this is going on for reasons I wont go into here). My question is where does she stand here – what are the legal obligations, if any, from insurance representatives and or the actual company. Surely he should be responding to her questions on how the work is coming on, or what action she needs to take, especially given that this has been going on for almost one year now. She would like to be in a position to sell the property but cannot do this until the basic remedial work has been carried out.
My concern is that she has been taken advantage of as she is a widow and quite elderly.
Any help much appreciated.
Submitted: 3 years ago.
Category: French Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

Hi Nicola,


 


Thank you for the update, much appreciated.


 


Yes I'm fine with waiting longer, I wasn't entirely sure if I had posted the question in the correct category or given enough or not the right information as it was!


 


kind regards


Triona

Expert:  Nicola-mod replied 3 years ago.
Hello Triona,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Thegonnec replied 3 years ago.
What the exact obligations of the insurance company is will be detailed in the policy she signed. These vary widely from one company to the other as they tend to try and sell additional services.
Yet the basic obligations (and that found in most contracts) are:
The insurance company must have an assessment of damages made by experts they commission. The experts assess the liability of each party and determine what needs to be done. The insurance company informs its client of the expert's findings and the amount it will grant him/her in reparation. The client can either accept it, or contest the insurer's experts findings and commission its own expert to make a contradictory assessment.
If the insurance assessment is accepted, then the client can commission whoever she wants to carry out the repairs within the budget allocated. It is the insured responsibility and duty to choose the professionals and the insurer cannot impose any tradesmen to carry out the work. Yet in some contracts, they offer, for a premium, the possibility to arrange the whole thing... It seems your mother may be in this configuration. But one would have to read her original insurance policy to know what her contractual rights are and have them enforced, by court order if need be...

Thegonnec, Judge
Category: French Law
Satisfied Customers: 1412
Experience: 11 years experience as judge at Paris Industrial Tribunal
Thegonnec and other French Law Specialists are ready to help you
Customer: replied 3 years ago.


Hello,


 


Thank you for your response. I just need to check with my mother to see if she has any further queries regarding this. It does appear that she has that she has former arrangement and in this case the representative has verbally agreed to arrange the work.


In this respect I am unsure where she can go with this however it is clear that she is not receiving a polite service whuch I feel is a seperate issue.


 


Thank you for your above response and I amy come back with a further question following my discussion with her.


 


many thanks


Triona