Sernac filed a class action lawsuit against the insurance companies HDI Seguros Generales and Sura, whose objective is to deliver GPS devices to all affected consumers, as established by current regulations, together with the corresponding compensation and fines.
It is worth mentioning that insurance companies must provide a GPS device free of charge to consumers when they take out auto insurance, as indicated by Law No. 21,170, known as the “Antiportonazos Law”, in force since July 2019.
However, HDI Seguros and Sura did not comply with these obligations. Indeed, Sernac was able to verify that those insurance companies, between August 2019 and October 2021, did not deliver the GPS device to consumers in a very high percentage of policies, whether or not they have requested it.
In addition, they passed on the costs of shipping GPS devices to consumers. And finally, they did not meet the deadlines promised to consumers for their delivery, in the low percentage of cases in which they agreed to it.
It must be considered that HDI is the company with the highest number of auto insurance policies, while Sura is among the most relevant companies in this market.
As a result of these breaches, at the beginning of last year Sernac initiated two Collective Voluntary Procedure (PVC) with insurers to seek a more expeditious and satisfactory solution for consumers.
However, the proposals of the defendant insurers were insufficient, so the Service decided to collectively sue these companies with a double objective: to compensate the affected consumers and to ensure that the companies comply with the obligation established in the Law.
“Companies must be clear that it is not enough just to inform about this right on their websites. In addition to the information, consumers when contracting must access the delivery of the GPS device, without additional charge, as required by law, all of which is the responsibility of the companies, “said the National Director of Sernac, Andrés Herrera.
In case of having favorable judgments, they will benefit all consumers affected by the breaches of the companies, whether or not they have complained to SERNAC.
BCI Insurance Compensation
Unlike what happened with HDI Seguros and Sura, Sernac achieved through a successful Collective Voluntary Procedure with BCI Seguros, that this company will compensate an approximate universe of 600,000 consumers.
The company undertook to provide customers or former clients of BCI Seguros, free of charge, with one GPS device per insured vehicle. In addition, three groups of consumers associated with a contactability campaign that the company is carrying out were established:
People who choose to receive the GPS: They may, in turn, opt for a free monitoring service for two months; a bonus associated with the Rut of the Compulsory Personal Accident Insurance (SOAP); or a monetary compensation, whose amounts will depend on the validity of the policy.
People who choose to postpone the delivery of the GPS: They can opt for a bonus associated with the SOAP Rut; or compensation, the amount of which will depend on the validity of the policy.
People who did not receive the GPS and suffered the theft of the vehicle in the period from July 26, 2019 to the date of the agreement. They will receive the compensation according to the above groups, and the choice made by the consumer.
In addition, people who complained to Sernac will receive additional compensation, depending on the channel through which they appealed to the Service.
Finally, BCI Seguros undertook to carry out a series of actions to prevent the breaches that motivated this PVC with Sernac from being repeated in the future, including improving the delivery of information on this right to consumers through a form on its website in which consumers must express the option of accepting the GPS or postponing its delivery as a condition prior to the subscription of the policy, among other measures.
New PVC with other insurers
Additionally, Sernac initiated new Collective Voluntary Procedures with the insurance companies Liberty and Zurich, with the purpose of obtaining compensation for affected consumers. Once the process is completed, the Service will report the results obtained.
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