Legal assistance in insurance lawyer
Rastashki Lawyer Firm has traditions in the field of insurance law. We specialize in this field of activity and will provide you with legal assistance and assistance of the highest class. Trust in your lawyer is as important to you as his competence and experience.
We know this and guarantee high success in conducting insurance cases under all types of insurance contracts . The lawyers from our law firm work with the largest insurance companies. We are in communication with the top companies that act as insurance brokers on the territory of the Republic of Bulgaria.
Insurance law includes the complex legal relations that develop under an insurance contract between the insured and the insurer, as well as between third parties. The main normative act in the Republic of Bulgaria in the field of insurance is the Insurance Code (IC) .
We will provide you with legal assistance, both in concluding an insurance contract, advising you on its general conditions, changing some details in the policy and clarifying the coverage of your insurance contracts, and in the event of a subsequent problem with an insurance event. Do not hesitate to contact your lawyer as soon as the event occurs or if you refuse to pay insurance indemnity.
Conclusion of an insurance contract
The insurance contract is bilateral, remunerative and random . That is, one of the parties is not aware of what he will receive. The performance of the insurer to the insured depends on a third uncertain event, called an insured event. In order for liability to arise for the insurer under the insurance contract, it is necessary that the insured event represents a covered contractual risk.
Insurance contracts are often accompanied by long general terms and conditions as an integral part. When concluding an insurance contract, it is necessary to explicitly and carefully consider all the provisions of the general conditions, because it lists the risks covered and all other agreements that could exclude or limit the liability of the insurer in the event of an insured event. Trust an experienced attorney before taking out your insurance.
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Insurance contracts can be mandatory as Civil Liability Insurance or at the request of the parties as motor hull insurance. Compulsory motor third party liability insurance is regulated by law in the Insurance Code and in Ordinance № 49 of 16 October 2014 . for the compulsory insurance under the Civil Liability Insurance of motorists and the Accident of passengers in public transport.
It is the liability of the insurer in case of damages caused by the insured to third parties during the driving of the vehicle. If this insurance was not compulsory, anyone who caused damage to another with his vehicle would be personally liable, and if he did not have the financial means to cover this damage, it would mean mass non-compensation of many victims.
Despite the obligatory nature of the civil liability insurance, it is possible for a person who, in violation of the law, ie has not taken out insurance, to cause damage to third parties. For these cases, a legal entity “Guarantee Fund” has been created, from which benefits are paid to persons under the compulsory motor third party liability insurance and the ” Accident ” of passengers in public transport.
We must be extremely careful when concluding all types of insurance and carefully review the general conditions for them. It is a common practice in Bulgaria for insurers to refuse to pay insurance benefits due to the high number of insurance frauds.
Auto Casco insurance cases
In the practice of law the most common cases are for motor hull insurance . The so-called motor hull is an insurance of a motor vehicle, which covers possible damages incurred, during the contract, from various insurance risks .
Insurers in Bulgaria have the practice of refusing to pay insurance indemnity only on the grounds that the incurred damages cannot be received as a result of the data thus declared by the insured . By issuing a waiver, the insurance company is not released from its obligation to pay insurance indemnity. She simply stated unilaterally that she did not wish to make a voluntary payment for the damage.
In a possible lawsuit against a refusal to pay insurance indemnity, it is incumbent on the insured plaintiff to prove that he had a valid insurance contract, ownership of the insured vehicle, the real value of the damages and the occurrence of the insured event . The burden of proving the reason for the refusal will be on the defendant insurer, namely that the factual circumstances of the occurrence of the event do not correspond to the declared one.
That is, the insurance company must prove the alleged discrepancy, the alleged fraud in the circumstances or the incorrect declaration of the factual situation at the occurrence of the insured event. If the insurer fails to provide relevant evidence of these facts during the trial, we will have a successful claim and the insured should receive the due insurance indemnity, together with the expired moratorium and legal interest , as well as all costs of the case.
Before starting the trial, the factual situation and the actions after filing the damage must be carefully examined. The car must be owned by the insured. Upon the occurrence of the insured event, the insured should have taken all measures to limit the damages and notified the insurer in time.
He also has the obligation to present all required by the insurer and necessary documents related to the damage. If the insured has not fulfilled any of these obligations, he risks receiving a refusal to pay compensation . In a possible lawsuit, it can be countered by objections of non-performance under the insurance contract.
Accident insurance cases
Accident insurance is like life insurance for personal insurance. That is, individuals are insured, not property, as is the case with property insurance.
An occupational accident insurance contract can cover various insurance risks such as death, temporary or permanent incapacity for work as a result of an occupational accident. It can be combined with general illness insurance , which covers risks of occupational diseases, which are exhaustively listed in the general terms and conditions of the insurance contract.
With this type of insurance, it is important to prove an accident at work, as not every event that can lead to death, temporary or permanent incapacity for work will be considered an accident at work. This type of insurance event is most often established by an act of the bodies of the Executive Agency General Labor Inspectorate.
An occupational accident is one that occurs during working hours , as well as during a lunch break, as well as on the way to work or vice versa. An Ordinance on the establishment, investigation, registration and reporting of occupational accidents should be strictly applied.
If the insurance company refuses to pay compensation for an insurance event, as a result of an accident at work, it is necessary to start a lawsuit to order the insurer to pay the indemnity provided for in the contract. The assistance of a good lawyer in the field of insurance and labor law is needed.