Dispute
Dispute with the insurer
Similar to all other areas, disputes also occur in insurance. The parties usually resolve any disputes by way of negotiations. If negotiations fail, they can contact the insurance conciliator or the motor insurance conciliator.
The motor insurance conciliation body operating by the Estonian Motor Insurance Bureau (LKF) helps resolve disputes concerning motor insurance. The insurance conciliation body operating by the Estonian Insurance Association (EKsL) helps resolve disputes concerning other insurance services and insurance brokerage services.
The motor insurance conciliation body and the insurance conciliation body are recognised by the state as bodies for the extra-judicial resolution of disputes.
Conciliators operate via a conciliation body. A conciliator is an unbiased expert whose objective is to help find solutions in matters of dispute. The conciliator does not represent either of the parties in a dispute. The conciliator does not make decisions that are binding for the parties or administer justice.
Resolution of a conciliation matter via the insurance conciliator is free of charge for the client. The costs of the conciliation procedure are paid by the EKsL or the LKF.
Conciliation is carried out in Estonian and the conciliation application must be submitted in Estonian. The responses of the conciliation body sent by e-mail or in written format are always in Estonian. The documents of conciliation (conciliation proposal, conciliation agreement, notice on termination of conciliation, etc.) are always in Estonian. As an exception, the conversation or the additional explanation given by the persons involved may be in a language more suitable for the conciliation party if this is also suitable for the conciliator or the employee of the LKF or EKsL who supports the conciliation.
Detailed information about conciliation is available on the Estonian page.
Disputing mandatory insurance
If a motor vehicle registered in the motor register or its trailer is not insured, motor insurance is applied as mandatory insurance (automatic motor insurance). Ordinary motor insurance is compulsory insurance.
The LKF issues a payment notice for payment of the mandatory insurance premium. If the insurance premium has not been paid by the due date, the LKF refers the claim to a bailiff for execution (the payment notice is an administrative act, see clause 2 (1) 21) of the Code of Enforcement Procedure).
If you have received a payment notice and refuse to pay the insurance premium, you must submit a challenge to the LKF within 30 days of delivery of the payment notice. The challenge must be submitted in Estonian.
The LKF will review the challenge and usually makes the decision in ten days. If you are not satisfied with the decision of the LKF, you can dispute the payment notice in administrative court. The complaint must be filed with the administrative court within 30 days of delivery of the payment notice. If you have submitted a challenge to the LKF, the aforementioned deadline will extend by the duration of the procedure carried out by the LKF.
Dispute procedure takes place in Estonian.