Generali Car Insurance - renewal problem

[pulck]

I've just discovered this very useful forum whilst researching French law regarding car insurance and thought someone here might have some advice for my family.

The rather complex situation is that my UK-based parents inherited a French van from my sister who used to live in central France. The vehicle was then taken off the road and registered in the UK.

In the meantime, my parents received a renewal notice from Generali - the French company the car was insured by - with the premium details in English and the renewal form in French. It was a very sly move, because my parents did not understand the French legal terms and thought that by simply ignoring the renewal they were effectively cancelling the insurance. This turned out not to be the case.

They received a letter from Generali in Nov 2009 saying they were owed money and were placing the case in the hands of debt collectors ('huissiers'). My mother immediately rang Generali and explained everything to an English-speaking agent who promised that the case would be dropped and they would owe nothing.

Now they have just received another letter from Generali via a different debt-collector with the threat of court action if they do not get their £400 insurance money straightaway. The letter comes completely out of the blue, despite the fact that it states they have sent many other letters.

I think this is outrageous treatment and have told my parents, who are in their 70s and have to watch their finances, that they should refuse to pay it, but I'm not sure what their legal position is. Ultimately do the insurance company have any right to pursue this claim?

Any help or advice would be hugely appreciated.

[tag]

If the original, owners insuredf the vehicle I would have thought that their deaths would have cancelled the contract. So would a change of ownership perhaps.
Otherwise i think you are stuffed and will have to pay this year.

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http://woolybanana.blogspot.com/

[TheMistress]

I would discuss with the current insurer, if the vehicle was exported and re-registered it would then have been insured in the UK.
I would have thought that as of that date the vehicle would no longer be in the French system it would be very difficult if not impossible to claim for any monies.
Most insurers are international, so I am sure this could be sorted out between them, good luck!
Regards
Nigel

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[pulck]

[W650]

Is the insurance contract with the person that took it out or with the vehicle?.

If it is with the person that first took it out then I don't see how an insurance company could ask someone else to pay it. If it is with the vehicle then ask the vehicle to pay the bill...

[katabrontes]

I have dealt with two agents handling Generali insurance. One was excellent and the other quite the reverse (I was told this one is well known for poor service). If you PM me I could give you the name and contact details of the best one who may agree to sort it out for you. I cannot name the other for obvious reasons (legal and Forum rules)

Mike

[pulck]

[Redbidet]

Perhaps you do not realise that French insurance renews automatically, unless you cancel, in writing , at least 2 months before the expiry of the insurance.

I suggest writing to their head office ,not the agent. You may be able to get out of it but do not hold breath

_________________
I offer nothing more than simple facts, plain arguments, and common sense.

(Common Sense 1776 )

[pulck]

[Redbidet]

Loi Chatel states that you should receive a renewal notice 15 days before the period set in your contract for cancellation ( ie 15 days before the 2 month notice required to cancel)

You therefor have 15 days warning if you wish to cancel.

If they do not conform to that requirement (and many do not) then you have 20 days from the date of receipt of the renewal notice to cancel ( proof by the postmark on the envelope). If you have paid (ie by direct debit) You only then pay for the days covered and they should refund you the rest

You cannot cancel by a simple phonecall .,and your parents do not appear to have taken any formal steps ie by registered letter within the allotted time scales to cancel


PS head office is Paris

Groupe Generali - 7/9 boulevard Haussmann, 75009 Paris – Tel : 01 58 38 85 45,

_________________
I offer nothing more than simple facts, plain arguments, and common sense.

(Common Sense 1776 )

[pulck]

Ok, that is very clear. Thank you.

The difficulty is that despite numerous phonecalls to Generali to inform them that my parents have a UK address, they insisted on sending all correspondence to an old French address. Therefore my parents received most of their letters weeks or even months after they were sent. Many of them simply never turned up (Generali make reference to correspondence that we have no record of).

With hindsight, yes, we should have sent registered mail to confirm cancellation, etc. But it does nevertheless seem that they are wantonly pursuing my parents when they have done nothing particularly wrong (threats of court action, bailiffs, etc.).

Nevertheless, we will try writing to their Paris office. Thanks again.

[jbc]

An agent or a broker is exactly that;don't believe a word they say about your cover-you must talk to the company who insures you.

[tag]

Think of agents as pimps!!

_________________
http://woolybanana.blogspot.com/

[SAMMIE]

Unfortunately your parents haven fallen foul of French law regarding formal cancellation of an insurance contract.... per previous replies.

You may have however two arguments in your favour which should be addressed in French to the Head office and copy in the agent, sent registered post.

1. The renewal was sent to the French address and therefore you missed out on the Loi Chatel cancellation option, depsite the fact they had the Uk address
2. The vehicule is now UK registered.

The latter I am not sure will hold water with Generali as I know in the past they used to insure UK registered vehicules, but due to a change in licensing rules they may no longer be able to insure a Uk registered vehicule and as such the contract is invalid from the time that it was re-registered in the UK. So you need to find out if Generali accept Uk registered cars. It is important to ask head office and not the agent as agents are not always honest when they accept Uk registered vehicules!

If neither of the above are good enough to get a cancellation and some or all of the debt removed, I would pay up asap as there are fees regulalrly added for non payment of debts in France, so your parents could run up a big bill and would be better to write this one off to experience.

Good luck
Sammie

[pulck]