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Insurance must compensate for delay of almost 3 hours to send tow truck

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发表于 2024-3-12 01:34:23 | 显示全部楼层 |阅读模式

Remaining in an uninhabited area on the highway, without assistance from the insurance company, is characterized as suffering beyond mere discomfort. With this understanding, the 14th Civil Court of Porto Alegre recognized the excessive wait for the tow truck and ordered Bradesco Auto to pay compensation of R$3,000 to an insured person.


reproduction
Car broke down on the road in the early hours of the morning and the insurance company took a while to send
help
A man's car broke down on the road overnight, so he called his insurance company and asked for a tow truck to take the car to his city for repairs. After waiting for almost 3 hours, calling the insurance Portugal Mobile Number List company several times, the tow truck picked up the man. But he couldn't take him to his city. Thus, the car remained at a mechanic's shop outside the owner's city, who had to return home using a private driver during the early hours of the morning.

According to the car owner, Bradesco Auto did not reimburse him for the amounts spent on the incident. So, he went to court seeking to have the insurance company condemned for moral and material damages.

Judge Munira Hanna stated that the claim for compensation is based on the failure to provide the service, given the delay in sending a tow truck to the place where the plaintiff and her family were waiting by the insured vehicle.

As a result, the judge highlighted that the period in which the insured remained in a deserted place on the avenue, for almost 3 hours, at night, without assistance from the insurance company, which even sent a tow truck service based in the city where the author was located. , constitutes a psychic shock capable of configuring moral damage.
               


"I have to wait excessively, this is not a mere unpleasantness, as there is an undeniable repercussion of the facts in life, with relevant interference in the psychic sphere of the plaintiff, who was subjected to significant anguish and emotional distress", he concluded.

As for material damage, the judge understood that the amount spent by the insured with an app driver was paid by the company administratively, even before the summons in the process, preventing the court from analyzing the point, due to the subsequent loss of the object. The author was represented by lawyers Leandro Jachetti and Leonardo Torres Ferreira.

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