Reporting a claim in Luxembourg: the right steps, one by one

What the law says

The law of 27 July 1997 on insurance contracts sets a few simple rules that apply to every policy:

• Report quickly: as soon as possible, and in any case within the deadline in your contract. If you informed the insurer as quickly as could reasonably be done, it cannot hold the missed deadline against you (article 26).
• Inform: provide the relevant information without delay and answer the insurer’s questions to establish the circumstances and extent of the loss.
• Limit the damage: take all reasonable steps to prevent and mitigate the consequences of the loss (article 27).
• Penalties: if you fail to meet these obligations and the insurer suffers a loss as a result, it may reduce its payment by that amount; in case of fraud, it may refuse cover (article 28).
• Payment: the insurer pays as soon as it has all the relevant information, and at the latest within 30 days of the amount being set; after that, interest at the legal rate runs (article 29).

For liability claims, two more rules: compensation or a promise of compensation made to the victim without the insurer’s consent cannot be held against the insurer, but admitting a material fact or paying for first aid cannot justify a refusal of cover (article 88). And any court document received about the claim must be passed on to the insurer as soon as you receive it (article 83).

Car accident: the right reflexes

The Grand Ducal Police’s instructions:

• Safety first: reflective vest, hazard lights, warning triangle.
• If anyone is injured: only move them if absolutely necessary and call 112 or 113.
• No injuries: photograph the scene before moving the vehicles, then fill in the accident report, which can be done away from the scene, for example at a rest area. On the motorway, note the other vehicle’s registration before leaving.
• If you disagree with the other driver, call the police on 113.

The accident report without traps

• The two sheets are stacked: write with a ballpoint pen and press firmly so each driver keeps a legible copy.
• Describe the facts, only the facts, without admitting liability, and count the boxes ticked in the circumstances column.
• Reread everything, including what the other driver filled in: your signature commits you to the whole form, and nothing can be added afterwards. If you disagree, you do not have to sign.
• The back is filled in separately by each driver and cannot contradict the front as against the other party.
• Hand the other driver their copy and send yours to your insurer or agent.

If the other vehicle is uninsured or drove off

The Motor Guarantee Fund (Fonds de garantie automobile) compensates damage caused in Luxembourg by a vehicle that is uninsured, unidentified or whose insurer is insolvent. In a hit-and-run, property damage is only compensated if the victim suffered serious bodily injury, meaning permanent disability or at least three days in hospital. The Fund also steps in if the liable driver’s insurer has not given you a reasoned answer within three months of your claim, and it can tell you who insures a vehicle involved.

Home: water damage, storm, theft

• Limit the damage straight away, it is a legal obligation: turn off the water, protect what you can, call your policy’s assistance line if it has one.
• Keep the evidence: photos, damaged items, receipts and proof of purchase.
• After a theft or burglary, file a complaint at a police station or with the public prosecutor, and attach it to your claim. Some thefts without violence, injury or usable physical traces (wallet, phone, bicycle, jewellery…) can be reported online through MyGuichet.lu.

Flooding, storm and hail are not covered the same way by every insurer: see our home insurance comparison.

Main insurers’ claim channels

After reporting

• Assessment: depending on the amount and nature of the claim, the insurer appoints an expert; some, such as Baloise, settle small claims by mutual agreement.
• Bonus-malus: for cars, an at-fault claim costs three levels on the scale; see our article on the bonus-malus system.
• Cancellation after a claim: if the policy allows it, the insurer may cancel it after a claim it has paid, except for life and health cover, within one month of the first payment; you may then cancel your other policies with that insurer within a month (article 41). See our guide to switching insurance.
• Dispute: first send a written complaint to the insurer. With no satisfactory answer within 90 days, you can refer the matter free of charge to the Commissariat aux Assurances, within a year of your complaint; its conclusions do not bind the parties.