Written by the GAA

In 2018, the consultation rules for the Fichier central des sinistres automobiles (FCSA) (data base that tracks automobile claims) were revised to allow all FCSA users to consult the FCSA without first validating a customer’s or insured’s claims history.

However, certain rules and conditions must be respected. For a clearer picture, here are the “underwriting” stages, i.e., the moment the insurer evaluates and agrees to assume the risk presented by a customer or insured.

Three underwriting stages:

1. The customer or insured lets the insurer know he intends to apply for or renew an auto insurance policy.
2. In addition, the insurer must:
   1. Inform the customer or insured that it will consult the FCSA to obtain information about their prior claims.
   2. Complete an insurance application based on the information given by the customer or insured. It then informs the customer or insured that it will consult the FCSA to obtain information about their prior claims.
3. Once the insurer obtains the information, it must in all cases verify the accuracy of the information obtained from the FCSA with the customer or insured.

Don’t forget to put notes in the file!

As part of the compliance audit process, the GAA agent will access the customer files for the driver’s licence consulted. Also, the information provided by the customer must be kept for a period of three years and cannot be replaced. In certain specific situations, key notes are often forgotten.

• Consultation with no policy issued

It is possible that no policy will be issued at the end of the consultation. In this case, an insurance application or other document must be added to the file to justify the consultation(s).

• Consultation by mistake

A note must be kept in the customer’s file if a driver’s licence was inadvertently consulted to justify the consultation. 

            Consultation to add a driver

Consultation is permitted to add a driver; should the driver not be added to the policy, a note in the customer’s file must justify the consultation.

Auditing broker consultations

Note that consultations carried out using the insurer’s system are associated with the brokers that submit the risk. Thus, an audit will be carried out of brokerages to ensure the consultation compliance rules were respected during the GAA compliance audit process. 

To consult the rules governing the consultation of the FCSA, go to the Autorité des marchés financiers (AMF) website.

* These changes reflect the coming into effect of Bill 141, An Act mainly to improve the regulation of the financial sector, the protection of deposits of money and the operation of financial institutions, section 654 of which amends section 179.1 of the Automobile Insurance Act (AIA).