What to Do in a Dispute with an Insurance Company?
Actions in Dispute with Insurance: Challenging a Decision, Ombudsman, Judicial Proceedings and Timeframes under the LCA and Social Legislation In case of a dispute with an insurance company, one may challenge their decision. The ombudsman for general insurance (Ombudsdienst für die allgemeine Versicherung) can be contacted to mediate disputes. If mediation is unsuccessful, judicial proceedings may be initiated according to the provisions of the Law on Compulsory Motor Vehicle Insurance (LCA) and social legislation. The timeframe for challenging a decision typically involves submitting an objection within **30 days** after receiving the insurance company's decision. For judicial proceedings, the claim must generally be filed within **6 months** from the date when the insured became aware of the damage or the refusal to pay compensation. For specific legal references and detailed procedures, one should consult the relevant articles in the Code of Obligations (CO), ATF decisions for case law guidance, and other pertinent social legislation.
Last updated : 2026-04-20
Actions
- Written Objection to the insurer with a request for justification.
- Insurance Ombudsman: free mediation service (for private insurance).
- Court Procedure: filing a lawsuit; for social insurances, a special procedure applies (objection followed by cantonal court).
Time Limits
For LCA (private insurances): the statute of limitations is two years (Art. 46 LCA). For social insurances: objection within 30 days (Art. 52 LPGA).
Frequently Asked Questions
To whom should one appeal in case of insurance denial?
First, a written objection to the insurer. Then, an ombudsman (free of charge) or court. For social insurances, a formal objection within a 30-day period.
Is the Insurance Ombudsman free of charge?
Yes, the services of the ombudsman are free for the insured. He acts as an intermediary between the client and the insurance company.
What is the statute of limitations for claims against an insurer?
Two years for private insurances (art. 46 LCA). Special periods apply to social insurances. Act quickly after a refusal.
Editorial note
This article is provided for general information on Swiss law. It does not constitute legal advice and is no substitute for consulting a professional.
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