Question 13004 — insurance

Summary

Ms. Annick Cousin draws the attention of the Minister of the Economy, Finance and Industrial and Digital Sovereignty to the abuses in the application of Law No. 2014-344, known as the “Hamon Law”, relating to automobile insurance and more particularly to windshield repairers not approved by insurers. This law has in fact protected the free choice of repairer for the consumer. However, for several months, offers commercial offers offered by operators not approved by insurance companies are proving more and more attractive for the customer, particularly as the end-of-year holidays approach. It therefore appears that there is an overbidding in the offers offered, ever more attractive for the customer, ranging from full reimbursement of the franchise, to gifts such as game consoles, tickets to Disneyland and even jacuzzis. These offers lead to direct repercussions for policyholders: on the one hand overbilling for the customer and on the other hand an increase in the cost of automobile insurance. Over the year 2022, windshield repair prices increased by 10%, while those for car insurance increased by 5% in 2023 despite a drop in the number of accidents on the roads. However, the insurance code provides in its article L. 121-1 that “insurance relating to property is a contract of indemnity; the compensation owed by the insurer to the insured cannot exceed the amount of the value of the thing insured and the amount of the loss.” The approved repairers in the MP's constituency are worried about the amplification of this unfair phenomenon. Therefore, she would like to know the Government's position regarding these abuses with penalizing consequences, both for approved repairers as for the contributions of the insured.

Machine translation from French. The official text remains authoritative.

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