4. Insured’s Request for Reimbursement of the Deductible4. Insured’s Request for Reimbursement of the Deductiblehttp://chad.ca/en/members/professional-practice/toolbox/letters-of-subrogation/143/4-insureds-request-for-reimbursement-of-the-deductible

​Though a claims adjuster cannot act simultaneously as a mandatary for both the insurer and the insured, he must not neglect the needs of the latter. The claims adjuster must therefore fulfill his ethical obligation to inform by explaining to the insured how to claim reimbursement of his deductible from a third party deemed liable for the damages incurred.

 

The Chambre de l’assurance de dommages (ChAD) recommends that the claims adjuster:

  • Give the insured a form letter, so that the insured may claim reimbursement of his deductible from a third party deemed liable for the damages incurred. 
  • Review this form letter with the insured to ensure that he has fully understood it.

 

Please note that:

  • Claims adjusters are authorized to give their clients the contact information of the third party, or the third party’s insurer. 
  • Claims adjusters should refrain from writing or sending the formal notice, or dealing with the response. If the insured does not wish to take these steps himself, the claims adjuster should advise him to consult a lawyer. The ChAD recommends that the claims adjuster be copied on this letter, so that he can closely monitor the situation. 
  • Claims adjusters have a duty to explain to insureds that the formal notice must be sent within a reasonable time. They must also inform their clients of the applicable limitation period as well as the option to consult a lawyer in order to assert their rights if they do not receive a response by the deadline indicated in their letter.

For further details, please read the documents listed below.

Tool

  • Form Letter
    Form letter to give to the insured, so that he may himself request reimbursement of the deductible from the third party liable for damages.


9/22/2017 3:24:23 PM