The policyholder has the right, without prejudice to the possibility of recourse to the Judicial Authority, to submit a complaint in writing to the intermediary
– to the Intermediary AIMUW SPA :
– by ordinary mail to the address Piazza Sallustio n. 9 – 00187 Rome,
– by e-mail box firstname.lastname@example.org to the attention of the Complaints Manager, who will forward it without delay to the principal insurance company giving simultaneous notice to the complainant.
The preponent insurance undertaking will respond to the complainant within the time limits set forth in ISVAP Regulation No. 24 of May 19, 2008;
– or directly to the principal insurance company to which the policy belongs, at the contact details indicated in the contractual documentation of the policy underwritten, which will, also in the hypothesis of the preceding points, respond to the same within 45 days from the date of receipt in the same manner used by the complainant for its sending.
Complaints pertaining to compliance with the rules of conduct provided for in Article 183 of the CAP are understood to be the responsibility of the intermediary; the intermediary is also liable for complaints concerning the conduct of its employees and collaborators.
The Company must provide a response within 45 days from the date of receipt of the complaint, to the address provided by the complainant. For complaints concerning the behavior of the agent, rather than of a collaborator or employee of the latter, the above-mentioned response period may be suspended for a maximum of 15 days, in order to ensure an adversarial process with the intermediary and to allow the intermediary to express its position regarding the subject of the complaint, as provided for by the regulations in force.
The following data must be included in the complaint: first name, last name, and full address of the complainant; policy number or name of the policyholder; number and date of the claim to which reference is made; and indications of the person or persons whose actions are complained of.
Should the complainant be dissatisfied with the outcome of the complaint or in case of lack of response within the legal deadline, before turning to the Judicial Authority, he/she may write to IVASS Istituto per la Vigilanza sulle Assicurazioni – Consumer Protection Service, Street of Quirinale 21, 00187 Rome (fax: 06.42133206 or via PEC at email@example.com), attaching the documentation related to the complaint forwarded to the Company.
In addition, the complainant may have recourse to alternative dispute resolution systems provided by law or convention such as:
- Joint Conciliation. In the event of a dispute concerning a motor vehicle liability claim with compensation for personal injury and/or property damage up to 15,000.00 euros, you can turn to one of the Consumer Associations that are members of the agreement with the National Association among Insurance Companies (ANIA).
- Civil mediation governed by Legislative Decree 28/2010. This system is applied in the case of a dispute pertaining to insurance contracts, such as in the case of a dispute related to compensation for a damage resulting from medical and health liability, through the submission of an application to the Mediation Body freely chosen by the parties. The head of such a Body will appoint a mediator and schedule the first meeting between the parties, who must participate with the assistance of a lawyer. It does not apply in the case of disputes related to compensation for vehicle damage.
- Arbitration, governed by Articles 806 et seq. of the Code of Civil Procedure, can be activated either by virtue of an arbitration clause, if provided for within the contract (in the general terms and conditions), or by entering into an agreement designed to give the arbitrators the power to decide the dispute
- The assisted negotiation agreement established by Decree Law No. 132/2014, as amended and supplemented. This system is applied to litigate an action relating to a dispute over compensation for vehicle damage. This mechanism is established by invitation, from one party to the other, to enter into an agreement by which one agrees to cooperate loyally to resolve the dispute with the assistance of their respective lawyers or a single lawyer.
- (c) For the resolution of cross-border disputes, a complaint can be filed with IVASS or directly with the relevant foreign system by requesting activation of the FIN-NET procedure. The competent system can be identified by accessing http://www.ec.europa.eu/fin-net.
The complainant, in addition to the above-mentioned methods, may activate: the procedure provided for in the Agreement of March 19, 2012, between ANIA and Consumer Associations on the procedure for the conciliation of disputes arising from motor TPL claims between insurance companies and consumers, for disputes relating to the management of claims in the motor TPL line of business whose claim does not exceed €15,000.00; the assisted negotiation procedure provided for in Decree Law No. 132/2014, converted by Law No. 162/2014, in accordance with the provisions of Article 3 of the aforementioned Decree for disputes relating to compensation for damage caused by the use of vehicles (RCA) and watercraft (RC natanti); the mediation procedure aimed at the conciliation of civil disputes referred to in Legislative Decree No. 28 of March 4, 2010 by submitting a specific application in accordance with Article 4 at the mediation bodies provided for in Article 16 of the aforementioned decree for disputes relating to the other damage classes excluding motor TPL.