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The XI Civil Chamber of the Court of Justice of Minas Gerais (TJMG) determined the payment of R $ 5,000, for moral damage
After denying him an additional car compatible with the need of a client with physical disability, the Porto Seguro insurance company must compensate him with R $ 5,000, for moral damage. The decision was made in the second instance by the 11th Civil Chamber of the Court of Justice of Minas Gerais (TJMG).
According to the consumer, he does not have the upper limbs, but the disability does not prevent him from driving his vehicle, which has adaptations. He said he was in an accident and called the company to repair his car, which took 62 days to be ready. However, in the period when the vehicle was being repaired, he requested the reserve car, but this was denied by the company, as it was an automatic car.
However, the service contracted by the client guarantees twenty-day extra car coverage or a 25% discount on the excess, in the event of an accident.
The client maintained that his severe physical disability cannot be ignored. Because he has no forearms or hands, he cannot activate public or private transport services, such as Taxi and Uber. He claims that such a situation further aggravated his suffering, feeling helplessness, humiliation and shame.
The company contested, saying that the contract provides for the coverage of an extra car, but the vehicle would be national, a basic model and without any adaptation, with nothing to talk about in an illegal act, as was prescribed in the clauses, at the time of the hiring.
In the first instance, the judge dismissed the claim for damages. He understood that there was no offense because the company denied him the extra automatic car, since it was not covered by the contracted policy.
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The consumer appealed and argued that he contracted the vehicle insurance policy only for the provision of extra automobile coverage, according to his need. In addition, he stated that he had not received the general clauses at the time of hiring.
For the speaker, Judge Shirley Fenzi Bertão, when the insurance company proposed to carry out the insurance policy, aware of the physical condition of the client and the specificity of their vehicle, it was their obligation to adapt their service to satisfy the consumer who trusted her for a moment . of need.
The magistrate understood that “the lack of provision of services caused pain and suffering to the plaintiff, when he realized that the insurer, whom he trusted, could not comply with the conditions signed at the time of hiring, resulting in moral damage that could be compensated ”.
Therefore, the judge ordered the payment of R $ 5,000, to be entitled to the compensatory and punitive functions of the compensation for moral damage.
Judges Adriano de Mesquita Carneiro and Fabiano Rubinger de Queiroz voted according to the rapporteur. (With TJMG)
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