Insurance law

An insurance dispute often starts with a single letter: the insurer denies payment, says the event is not covered, or offers less than the actual loss. We advise clients, prepare complaints and court filings, and represent them in disputes with insurers before the Bank of Lithuania and the courts.

Help with insurance claims and subrogation

Advice on policy terms, coverage, claims procedures, and the amount payable. When an insurer unjustifiably denies or reduces a payment, we prepare claims, appeals, and cassation appeals and represent clients at every court level.

Enforcing insurers’ subrogation rights by preparing claims, appeals, and cassation appeals to recover insurance payments from the person responsible for the loss.

When to seek help with an insurance dispute

Your insurer has denied the claim

A decision to deny or reduce payment must be given in writing with reasons. We check which policy provision the insurer relies on and whether it actually applies to the event.

The payment will not cover repairs

An independent valuation or repair estimate can support a challenge. The insurer’s calculation may rely on depreciation, non-original parts, or a method not provided for in the policy.

The insurer says the event is not covered

We check whether the exclusion was properly disclosed when the policy was taken out. Ambiguous wording must be interpreted against the insurer that drafted it.

The insurer wants you to repay money it paid out

An insurer can seek repayment after a traffic accident only on grounds specified by law. We assess whether the grounds are proved and whether the amount sought matches the sum actually paid to the victims.

An insurance company has sued you

In a subrogation claim, the insurer takes over the policyholder’s claim against the person responsible for the loss. The defense may challenge liability, the amount of damage, and whether the limitation period has expired.

Your business has been denied compensation

The Bank of Lithuania’s out-of-court dispute procedure does not cover legal entities’ disputes with insurers. If a written complaint fails, the matter must go to court, so gather estimates, expert reports, and business records early.

What to know before challenging an insurer’s decision

Insurance disputes have short deadlines. Claims arising from insurance relationships have a shortened one-year limitation period (Civil Code, Article 1.125(7)). Claims for damages against the person responsible for the harm have a three-year period (Article 1.125(9)). The court applies limitation only if a party invokes it (Article 1.126(2)), and allows a late claim only for valid reasons (Article 1.131). Separate complaint deadlines also apply: consumers must complain to the insurer in writing within three months after learning of the infringement and apply to the Bank of Lithuania within one year after contacting the insurer.

An insurance contract includes both the policy certificate and the applicable policy terms. Exclusions are usually found in those terms and often cause the dispute. They are standard contract terms, and the certificate must record that the policyholder was informed of them and received a copy (Civil Code, Articles 6.991 and 6.992). The relevant version is the one in effect when the contract was made. Ambiguous wording is interpreted against the party that proposed it, usually the insurer (Article 6.193), and an unfair consumer contract term may be declared invalid (Article 6.228⁴).

Gather evidence immediately after the event, rather than waiting for a refusal. Do not repair damaged property before inspection. Take photographs and keep estimates and purchase records. If the insurer relies on a policy breach, courts consider whether it contributed to the event or the extent of the loss. A purely technical departure from the policy terms does not automatically remove the right to payment.

Examples from our practice

These examples come from matters handled by our firm. Court names, case numbers, dates, and client details are omitted.

An offer of EUR 200 became a payment of more than EUR 2,000

After a traffic accident, the insurer offered EUR 200 in compensation. Following a written claim supported by a specialist’s assessment of the actual loss, it paid more than EUR 2,000. The difference came from documenting the amount of the loss, rather than disputing whether the accident had happened.

A vehicle was stolen, but only one key was available

After a vehicle was stolen, the insurer relied on the fact that only one key had been provided. Cases like this require an assessment of whether the policyholder met the vehicle-security requirements and whether the refusal is supported by the policy wording in effect when the contract was made.

A flooded home and an unoccupancy exclusion

The policy excluded coverage when the house was unoccupied. The loss report stated that burst pipes and flooding were discovered on returning to live in Lithuania. This illustrates why it helps to read the policy and seek advice before reporting a loss: the precise description of the circumstances may affect the coverage decision.

Insurance law: common questions

My insurer has denied my claim. What should I do?
First obtain the insurer’s written decision with reasons and the complete claim file. These are essential to a challenge. Check which policy provision is cited and whether it applies to the event. Prepare a written complaint to the insurer, supported by an independent valuation or expert report. If no agreement is reached, a consumer may apply to the Bank of Lithuania, and the dispute may also be taken to court.
How long do I have to challenge an insurer’s decision?
Usually one year. Claims arising from insurance relationships have a shortened one-year limitation period (Civil Code, Article 1.125(7)). Claims for damages against the person responsible have a three-year period. Time runs from when you learned, or should have learned, that your rights were infringed, so the refusal date is often the starting point. The court allows a late claim only for valid reasons. Do not delay.
Should I apply to the Bank of Lithuania or go straight to court?
For consumers, the Bank of Lithuania is an option after an unsuccessful complaint to the insurer. It is not available to legal entities. The Bank of Lithuania handles consumer disputes with financial market participants, including insurers, outside court. You must first complain to the insurer in writing, then apply to the Bank within one year of that complaint. Its decision is a recommendation rather than a binding order, but a reasoned assessment may also help in later proceedings. This procedure does not prevent you from going to court.
The insurer is demanding repayment. Do I have to pay?
Not every demand is justified. After a traffic accident, an insurer may seek repayment only on grounds specified by law, for example, driving under the influence, driving without a license, or leaving the accident scene. We check whether the grounds are proved, the deadline was met, and the amount sought matches what was actually paid to the victims. Have any repayment agreement reviewed before signing.
Can I challenge a payment that is too low to cover repairs?
Yes. You can challenge the amount as well as a refusal to pay. An independent valuation or repair estimate is usually needed to compare with the insurer’s calculation. We check depreciation, the deductible, the insured amount, and whether the policy uses replacement cost or market value. If the calculation method is not set out in the contract, its use can also be challenged.

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