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Call us | Montreal: (514) 526-2378 (LAMBERT) | Quebec: 418 526-2378 (LAMBERT) | 24h / 7 days in case of arrest

LAMBERT AVOCATS

Avocats SAAQ, Responsabilité civile, Recours collectifs à Montréal et les environs

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          • Mtre Sandra H. Kim
          • Mtre Olivier Hankins-Meilleur
          • Mtre Bo Chi Zhang
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          • Daphné McConnell
        • Assistants
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          • Dispute period
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          • Determined employment and return to work
          • Relapse, recurrence or aggravation
          • Causal link
          • Personal assistance at home
          • Request for reimbursement
        • Work Accidents (CNESST)
          • Contestation of a CNESST file
          • Income replacement indemnity
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          • UberEats
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          • Laurentian Bank
        • Frequently asked questions
          • What are the steps of a class action?
          • How do I become a class member in a class action?
          • How to make a claim?
          • How much to receive as compensation?
          • When to receive compensation?
  • Criminal Law
        • Offences
          • Assault
          • Assault on a peace officer
          • Break and enter
          • Criminal negligence
          • Dangerous driving
          • Fraud
          • Hit-and-run
          • Impaired driving (DUI)
          • Mischief
          • Murder and attempted murder
          • Obstruction of justice
          • Possession of drugs and other substances
          • Possession of firearms
          • Sexual assault
          • Theft and possession of stolen goods
          • Threats
        • Procedure
          • Rights and freedoms in the event of arrest
          • Interim release
          • Elements of a criminal offence
          • Sentencing
          • Application for a record suspension
        • Charter Rights
          • Right to be informed of the reasons for arrest and right to counsel
          • Right to silence
          • Presumption of innocence
          • Right to be free from arbitrary detention or imprisonment
          • Right to be secure against unreasonable search or seizure
        • Defence
          • Coercion and necessity
          • Error of fact
          • Ignorance of the law
          • Intoxication
          • Self-defence
          • Not criminally responsible
          • Provocation
  • Penal Law
  • Disciplinary Law
    • Dentists
    • Engineers
    • Judges
    • Notaries
    • Nurses
    • Opticians
    • Optometrists
    • Psychologists
    • Real Estate Brokers
    • Veterinarians
  • Housing Law
    • Tenant Representation
      • Abandonment of housing
      • Pets and Rental Housing
      • Rent increase
      • Request for Deposit
      • Deposit: Illegal or Not?
      • Rodent infestation
      • Housing unfit for habitation
      • Obligations of delivery, maintenance, and fitness of the property
      • Repairs in the home
      • Neighbourhood disturbances
      • Validity of the lease
      • Sale of housing
    • Landlord Representation
      • Hidden defect lawyers
      • Death of the tenant
      • Eviction
      • Non-payment of rent and frequent delays
      • Repossession of accommodation
      • Termination, Sublease and Assignment of Lease
  • Aviation Lawyers
        • Passenger Rights
          • Travel insurance
          • Right to assistance
          • Right to compensation
          • Right to information
          • Right to care
          • Disclaimer
          • Carrier’s Obligations
          • Additional obligations of airlines
          • Penalties
        • Laws and regulations
          • Air Passenger Compensation
          • The Montreal Convention
          • International Civil Aviation Organization (ICAO)
          • European Regulation
        • Complaints procedure
          • Relevant documents and information to keep
          • Claim Form
          • Small claims claim
        • Special situations
          • Cessation of an airline’s activities
          • Rights of passengers with special needs
          • Denied boarding
  • Legal Capsules
        • General
          • Prescription
          • Guide to writing a letter of formal notice
          • Small Claims Court
          • Representing yourself in court without a lawyer
          • Recording a conversation
        • Civil Liability
          • Aquatic accidents
          • Boat accidents
          • Skiing accidents and other winter sports
          • Accidents during a hunting activity
          • Recreation
          • Burns caused by aesthetic care
          • Transmission of an STI
          • Dog bite or attack
          • Responsibility of a babysitter or daycare
          • Bullying at school
          • Defamation
        • Consumer Law
          • Unfair term in terms of membership
          • Punitive damages
          • Misrepresentation in advertisements
          • Cancellation fees
          • Extended warranty
          • Illegal pricing practice
            • Price Accuracy Policy
            • Additional fees in consumer contracts
          • Abusive loans
          • Flight delay, cancellation or overbooking
          • Telecommunications companies
            • Complaint to the Commission for Complaints for Telecom-television Services (CCTS)
            • Termination fees for telecommunications contracts
        • Car Accidents
          • After a car accident: the impact on victims
          • Compensation for an accident that occurred while using a vehicle
          • Accident with a snow removal vehicle
          • Injuries sustained in an automobile accident outside Quebec
          • Compensation by the SAAQ for personal assistance at home
          • The SAAQ’s no-fault regime
          • Simulation
        • Work Accidents
          • Accidents at work while working from home
          • Civil action for a work accident
          • Accident at work outside working hours
          • Presumption of occupational diseases
          • De Quervain’s tendinitis
          • Cannabis use in the workplace
          • Guide for victims of psychological harassment at work
        • Victims of Criminal Offence
          • Psychotherapy for the victim of criminal offence
  • Career
  • Reach us
  • English
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  • About
    • Services
      • Class Actions
      • Civil Liability
      • Medical Liability
      • Car Accidents
      • Work Accidents
      • Victims of Criminal Offence
      • Retraite Québec
      • Social Welfare
      • Disability Insurance
      • Criminal Law
      • Penal Law
      • Disciplinary Law
    • Philosophy
      • Protection of your rights
      • Personalized service
      • Trust
    • Legal Fees
      • Percentage
      • Fixed
      • Hourly rate
      • Legal Aid
      • Legal Insurance
    • Distinctions
      • Consumer Choice
      • Three Best Rated
    • Press
      • Class Actions
      • Civil Liability
      • Administrative Law
      • Disability Insurance
  • Team
    • Lawyers / Representatives
      • Mtre Jimmy Ernst Jr. L. Lambert
      • Mtre Benjamin W. Polifort
      • Mtre Loran-Antuan King
      • Mtre Yahia Belhaddad
      • Mtre Felicia Rotaru
      • Mtre Sandra H. Kim
      • Mtre Olivier Hankins-Meilleur
      • Mtre Bo Chi Zhang
      • Mtre Philippe Brault
      • Daphné McConnell
    • Assistants
      • Jeannie Nguyen
      • Céline Slamani
      • Rubi Barboza Gomez
      • Emilie Leblanc
    • Bar Students / Interns
      • Mtre Mégane Rousseau
      • Sandrine Puchin
    • Students
  • Administrative Law
    • Car Accidents (SAAQ)
      • Your SAAQ file
        • Challenging a SAAQ decision
        • Application for administrative review to the SAAQ
        • SAAQ Administrative Review Decision
        • Recourse to the Tribunal administratif du Québec
        • Conciliation at the Tribunal administratif du Québec
        • Trial at the Tribunal administratif du Québec
        • Review of the judgment of the Tribunal administratif du Québec
        • Recourse to the Superior Court
      • Dispute period
      • Income replacement indemnity claim
      • Compensation for bodily injury
      • Compensation for psychological damage
      • Determined employment and return to work
      • Relapse, recurrence or aggravation
      • Causal link
      • Personal assistance at home
      • Request for reimbursement
    • Work Accidents (CNESST)
      • Contestation of a CNESST file
      • Income replacement indemnity
      • Employment
      • Compensation for relapse
      • Civil action for a work accident
    • Victims of Criminal Offence (IVAC)
      • Criminal acts covered by the IVAC
      • Criminal Compensation Lawyer
      • Victims of physical assault
      • Compensation for unemployed victims
      • Fault of the victim
      • Rehabilitation
    • Retraite Québec
      • Refusal of a request
      • Work income
      • Family allowances
      • Surviving spouse’s pension
      • Supplement for disabled children
      • Progress of the file
    • Social Welfare
      • Marital life
      • Misrepresentation or fraud
      • Investigation
  • Civil Law
    • Civil Liability
      • How to prove the damage
      • Assessment of civil damage
      • Compensation for bodily injury
      • Injuries caused by a fall
      • Injuries caused by the ruin of a building
      • Liability of the city in case of lack of maintenance
      • Responsibility of the school
      • Fact of the goods
    • Medical Liability
      • Remedies for compensation
      • Medical negligence and unnecessary treatment
      • Surgical errors and early discharge from hospital
      • Misdiagnosis
      • Malfunction of medical devices
      • Code of Ethics of Physicians
    • Prosecuting your aggressor in civil proceedings
      • Criminal vs. civil hearing
      • Prescription
    • Contractual Law
      • Claim for damages
      • Letter of formal notice
    • Disability Insurance
      • Disability Insurance
    • Hidden Defects
  • Class Actions
    • Ongoing Class Actions
      • Coloplast
      • Canada Post
      • Nintendo
      • Samsung
      • Videotron
      • Car dealers
      • GoFundMe
      • Fever
      • Hyundai (paint)
      • Brewers
      • SAQ
      • Psycom
      • Volkswagen (water leak)
      • “Alcohol-free” products
      • Ticketmaster
      • Diocese of Gaspé
      • Diocese of Rimouski
      • Diocese of Rouyn-Noranda
      • Social media
      • Bread recall
      • Kia (paint)
      • Audi (oil)
      • Tequila
      • STM
      • DoorDash (tips)
      • Lafontaine Tunnel
      • Public Storage
      • Volkswagen (ID.4)
      • Nissan (paint)
      • Nissan (roof)
      • Nordik Spa
    • Completed Class Actions
      • Metro Metro Festival
      • Cogeco
      • DoorDash
      • Ironman
      • StockX
      • Croisières AML
      • Web Hosting Canada
      • UberEats
      • UberEats (Service Fees)
      • Laurentian Bank
    • Frequently asked questions
      • What are the steps of a class action?
      • How do I become a class member in a class action?
      • How to make a claim?
      • How much to receive as compensation?
      • When to receive compensation?
  • Criminal Law
    • Offences
      • Assault
      • Assault on a peace officer
      • Break and enter
      • Criminal negligence
      • Dangerous driving
      • Fraud
      • Hit-and-run
      • Impaired driving (DUI)
      • Mischief
      • Murder and attempted murder
      • Obstruction of justice
      • Possession of drugs and other substances
      • Possession of firearms
      • Sexual assault
      • Theft and possession of stolen goods
      • Threats
    • Procedure
      • Rights and freedoms in the event of arrest
      • Interim release
      • Elements of a criminal offence
      • Sentencing
      • Application for a record suspension
    • Charter Rights
      • Right to be informed of the reasons for arrest and right to counsel
      • Right to silence
      • Presumption of innocence
      • Right to be free from arbitrary detention or imprisonment
      • Right to be secure against unreasonable search or seizure
    • Defence
      • Coercion and necessity
      • Error of fact
      • Ignorance of the law
      • Intoxication
      • Self-defence
      • Not criminally responsible
      • Provocation
  • Penal Law
  • Disciplinary Law
    • Dentists
    • Engineers
    • Judges
    • Notaries
    • Nurses
    • Opticians
    • Optometrists
    • Psychologists
    • Real Estate Brokers
    • Veterinarians
  • Housing Law
    • Tenant Representation
      • Abandonment of housing
      • Pets and Rental Housing
      • Rent increase
      • Request for Deposit
      • Deposit: Illegal or Not?
      • Rodent infestation
      • Housing unfit for habitation
      • Obligations of delivery, maintenance, and fitness of the property
      • Repairs in the home
      • Neighbourhood disturbances
      • Validity of the lease
      • Sale of housing
    • Landlord Representation
      • Hidden defect lawyers
      • Death of the tenant
      • Eviction
      • Non-payment of rent and frequent delays
      • Repossession of accommodation
      • Termination, Sublease and Assignment of Lease
  • Aviation Lawyers
    • Passenger Rights
      • Travel insurance
      • Right to assistance
      • Right to compensation
      • Right to information
      • Right to care
      • Disclaimer
      • Carrier’s Obligations
      • Additional obligations of airlines
      • Penalties
    • Laws and regulations
      • Air Passenger Compensation
      • The Montreal Convention
      • International Civil Aviation Organization (ICAO)
      • European Regulation
    • Complaints procedure
      • Relevant documents and information to keep
      • Claim Form
      • Small claims claim
    • Special situations
      • Cessation of an airline’s activities
      • Rights of passengers with special needs
      • Denied boarding
  • Legal Capsules
    • General
      • Prescription
      • Guide to writing a letter of formal notice
      • Small Claims Court
      • Representing yourself in court without a lawyer
      • Recording a conversation
    • Civil Liability
      • Aquatic accidents
      • Boat accidents
      • Skiing accidents and other winter sports
      • Accidents during a hunting activity
      • Recreation
      • Burns caused by aesthetic care
      • Transmission of an STI
      • Dog bite or attack
      • Responsibility of a babysitter or daycare
      • Bullying at school
      • Defamation
    • Consumer Law
      • Unfair term in terms of membership
      • Punitive damages
      • Misrepresentation in advertisements
      • Cancellation fees
      • Extended warranty
      • Illegal pricing practice
        • Price Accuracy Policy
        • Additional fees in consumer contracts
      • Abusive loans
      • Flight delay, cancellation or overbooking
      • Telecommunications companies
        • Complaint to the Commission for Complaints for Telecom-television Services (CCTS)
        • Termination fees for telecommunications contracts
    • Car Accidents
      • After a car accident: the impact on victims
      • Compensation for an accident that occurred while using a vehicle
      • Accident with a snow removal vehicle
      • Injuries sustained in an automobile accident outside Quebec
      • Compensation by the SAAQ for personal assistance at home
      • The SAAQ’s no-fault regime
      • Simulation
    • Work Accidents
      • Accidents at work while working from home
      • Civil action for a work accident
      • Accident at work outside working hours
      • Presumption of occupational diseases
      • De Quervain’s tendinitis
      • Cannabis use in the workplace
      • Guide for victims of psychological harassment at work
    • Victims of Criminal Offence
      • Psychotherapy for the victim of criminal offence
  • Career
  • Reach us
  • English
    • Français

The role of travel insurance

You are here: Home / Aviation Lawyers / The role of travel insurance

Travel insurance allows travelers to leave with peace of mind, knowing that they are protected against a variety of risks that could arise while traveling. What is the role of this insurance in the context of flight disruptions and lost baggage?

Insurance allows you to be sure that you will be compensated for the damages suffered, regardless of the reason for the disruption, according to what is provided for in your contract.

The right to compensation is governed by various rules that can complicate the recourse and insurance allows you to obtain an ease in this regard. Indeed, the categories of compensation are more or less the same, but the conditions of application will be relaxed.

Obviously, each insurance coverage is different and it is advisable to check in your insurance contract the coverage provided for therein.

Travel insurance

Flight disruptions (delay, cancellation and denied boarding)

costs

reimbursement

activities

coverage

Coverage of additional In the event of a flight delay, travel insurance can cover any additional costs the traveler may incur, such as meals, beverages, or accommodation, while waiting for the next available flight.
Travel If the flight is cancelled or a delay results in a missed connection, travel insurance can reimburse the cost of the unused flight ticket.
Assistance with reorganizing the route In the event of a major disruption, travel insurance can provide an assistance service to help the traveler rearrange their itinerary, book new accommodation, or coordinate alternative transportation.
Lost Match If a flight delay results in the loss of a connection with another airline, the insurance may cover the costs of booking a new flight.
Reimbursement of prepaid If flight disruptions result in the loss of prepaid activities (excursions, events, etc.), the insurance may reimburse these expenses, according to the terms of the contract.
Alternative transportation If a flight is cancelled and an alternative means of transportation is required (e.g., a train or rental car), the insurance may cover these costs, in part or in full.

Some insurance policies will exclude costs incurred by you as a result of your fault. For example, if you show up late at the boarding gate and lose your plane ticket due to lack of organization, the insurer may not compensate you.

However, if for a medical reason you cannot take your flight with supporting evidence, the insurance may be more inclined to compensate you, whereas it would be impossible to make this type of claim with the airline directly.

Delay, cancellation, or denied boarding?

You may be entitled to compensation of up to $2,400.

Have your case reviewed for free by a lawyer.


Fill out the form now

Baggage inconveniences

Travel insurance can also offer protection against baggage-related inconveniences during a trip, minimizing financial impacts and providing practical assistance in such situations.

Coverage

Lost Baggage If the baggage is lost by the airline, travel insurance may offer compensation for the value of the lost property, depending on the terms and ceilings set out in the contract.
Compensation for delayed baggage If luggage arrives late (usually after a certain predetermined period of time), travel insurance can cover the expenses needed to purchase essential items (clothing, hygiene products, etc.) while waiting for baggage claim.
Baggage theft coverage If luggage is stolen during the trip, whether at the airport, hotel, or elsewhere, travel insurance can compensate the traveler for the stolen goods. Coverage can include personal items, but often with limits on valuables such as electronics, jewelry, or sports equipment.
Assistance with procedures In the event of loss, theft, or delay of luggage, travel insurance often provides assistance to help the traveler report the incident to the relevant authorities (airline, local police, etc.) and complete the necessary paperwork to obtain compensation.
Coverage for damage to baggage If the baggage is damaged during transport (possibly due to mishandling by the airline), travel insurance can cover the cost of repairing or replacing the damaged baggage.
Compensation for valuables While some travel insurance policies offer limited coverage for valuables (electronics, jewelry, etc.), there may be reimbursement limits. In such cases, it is often recommended to purchase additional coverage for these specific properties.

Insurance policies may exclude specific types of losses (such as forgotten or unattended items) or impose deductibles and limits on reimbursements.

Insurer’s recourse

If the insurance compensates the traveller for costs related to a flight disruption or the loss, delay or damage of baggage and the airline is legally liable for these disruptions (for example, under the European Regulation EC 261/2004, RPPA or other similar legislation), the insurer can take action against the airline to recover the sums paid.

Indeed, when an insurance company indemnifies an insured, it can exercise a right of subrogation. This means that the insurance takes the place of the insured to claim, on their behalf, the compensation to which they would have been entitled directly from the airline. In order for the insurance company to recover these amounts, the insured must provide all the necessary documentation (flight tickets, proof of delay/cancellation, connections with the airline, etc.) and possibly assign their rights to the insurer to allow this recourse.

The recourse against the airline often depends on the terms of the insurance contract. Some insurance contracts require the insured to first make a claim with the airline. If this claim is rejected or partially compensated, the insurance company then takes over.

In some cases, the insurance company may decide not to sue an airline if the amounts are small, if the procedure is deemed expensive or unlikely to be successful, or if the airline is protected by legal exceptions (extreme weather, etc.).

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1200, McGill College avenue, #1800, Montréal (QC) H3B 4G7

MONTRÉAL: (514) 526-2378 (LAMBERT)

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Notice: Please note that the information on this site is provided for informational purposes only, without warranty. It does not constitute legal advice and does not establish an attorney-client relationship.

To obtain a legal advice from a lawyer, please contact us by contact form or by phone at (514) 526-2378 (514-LAMBERT).

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