This winter, in the event of a claim, will your insurance cover you if you are not equipped?

As if the end of the “tolerance” period of the Mountain Law were not enough, another problem is beginning to point the tip of its nose: compensation in the event of a claim, if your car is not equipped with winter tires. or special equipment required to travel in Haute-Loire in the period from November 1 to March 31.

Compulsory snow tires in Haute-Loire: our answers to your questions

While most insurers seem rather conciliatory on the subject, explaining “that no official directive has been communicated for the moment”, some neo-insurers (offering fully digital services, in particular) do not hesitate to draw the alarm bell. This is the case with Leocare online insurance.

“It is important to respect this law and to properly equip your vehicle in order to drive safely. Some insurance companies may choose not to cover an injured motorist if he is not properly equipped. This can therefore be accompanied by heavy financial consequences and invalidate the compensation for their claim for individuals”.

Christophe Dandois (Leocare)

And that’s not all. In the event of a claim, the insurers could even ask to prove that the wheels of your vehicle were well equipped with approved tires or special equipment now provided for by law. Some insurers may reserve the right not to apply the coverage guarantees of the contract.

Snow tires, chains, socks, which equipment to choose?

Always, according to Leocare, “the insurance expert will be able to check whether, at the time of the accident, the state of the road required the fitting of chains or socks”.

Bring proof of equipment

On the side of traditional insurance, the comments are more nuanced. On the side of the Maif, for example, it is explained that “for the moment, there has been no information in relation to this new law. If we take the case of Luxembourg, where the equipment is mandatory, there is no impact on our care. The contracts will perhaps evolve, but for the moment, this is not the case”.
In order to be certain of being well compensated in the event of a claim, members must carefully check the general conditions of their contracts.

Christopher Coffy

Extended tolerance

In the prefectural decree of 2021, it is clearly specified that the equipment obligation, if it is limited in time (over the winter period, from November 1 to March 31), is “valid each year”. No fine of 135 euros, at least for the next few weeks. The government decided, this Friday, October 28, to grant a delay concerning the measure on compulsory winter equipment for driving in mountainous areas. Tolerance and pedagogy will prevail until the end of 2022 before the repressive measures.


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