Clipping of news on Brazilian Culture, Law and Citizenship
06/25/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Reimbursement depends on what is stated in the contract
In case of event initially peaceful insured can go to court
CNSeg highlights importance of consumers read the policy
RIO - On the evening of Monday, several Brazilian cities had changed his routine due to demonstrations that drew hundreds of thousands to the streets. The protests were mostly peaceful. In Rio de Janeiro at the end of the march, a group of about 200 people focused in front of the building of the State Legislative Assembly (Alerj) and starred in scenes of tumult and pillage. In addition to public buildings and shops, two cars were also damaged. In this case, the owner can drive the vehicle insurance to cover the damage caused?
According to the lawyer José Alfredo Lion, expert in consumer law, insurance policies make clear their general exclusions.
- If you take any policy, there is written that the insurer does not cover acts of hostility or war, rebellion, revolution, riot, guerrilla warfare, terrorism or any act of civil or military order aimed at achieving the government or disrupt the order political and social development. Ie, insurers use different terms to exempt to indemnify a consumer who has had his well struck by vandalism - said the expert, adding that the driver has to identify a dangerous situation for your car, as in the case of an outbreak .
But this anticipation is not always possible. The broadcaster Fabricio Ferreira would stop his car, a Ford Versailles in 1993, always in the same location on the outskirts of the Legislative Assembly of Rio de Janeiro (Alerj), because it works well next to the building. And watched out the window of your vehicle where you work be turned upside down and burned by protesters. Inside the car was also working material of his wife, who is selling underwear. In his case, however, the car was not insured and the damage is estimated at around £ 6000.
- We were on a peaceful demonstration, billed as such, the driver can not be required to know when your well is at risk. In this case, we have a situation of force majeure and the insured could try a claim in court. Vale also say that if the coverage is valid in the case of automobile insurance only protects the structure of the vehicle, including chassis, body, engine and gearbox. Additional accessories such as sound, DVD, sports wheels and CNG kit, for example, are left out of the account of the insurer - assesses the lawyer.
Maria Ines Dolci, coordinator of institutional Protest - Consumers Association, says that as demonstrations in downtown Rio has been disclosed in advance, vehicle owners should not have left their cars in the vicinity of popular mobilization in the street.
- This may be one of the claims of the insurer to disclaim responsibility. However, the consumer harmed, who had his car torched, destroyed, can go to court demanding that the government be held accountable. After all, it is the government that should ensure security to the population. We are not very accustomed to this question in the judiciary, but this may be the time to start - said.
The same goes for natural disasters. Insurance companies exposed to their policies to exclude coverage in cases of tsunamis, earthquakes, volcanic eruption or any other disorder of nature.
- Faced with a natural phenomenon, the denial of coverage is questionable, since it is force majeure, that is when it is possible to predict, but do not prevent the tragedy
- Lion says, noting that it is important to read the policy and be aware of the conditions under which your property is insured, so there are no surprises later.
According to the National Confederation of General Insurance, Private Pension and Life, Supplementary Health and Capitalization (CNSeg), the insured should read the policy to see if damage in a popular demonstration have guaranteed coverage or not. The organization emphasizes the importance of the consumer to read the contract and be aware of the coverage provided.
Source: The Globe - Online
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This article was translated by an automatic translation system, and was therefore not reviewed by people.