Since April 28, OSAGO agreements will work on new rules. Now insurance companies will reimburse damage mainly by repair work. What else do you need to know about the new rules of OSAGO?
Photo: Evgeny Pavlenko / Kommersant
From April 28, amendments to the Law on mandatory insurance AUTRITREN'S LIABILITY (OSAGO). This document establishes the priority of the so-called natural refund: now instead of cash payments, insurers in most cases will ensure the repair of the car of the victim at their own expense. True, the renewed law applies only to those car owners who have signed the OSAGO Agreement on April 28.
At the same time, as explained on April 27, the Bank of Russia, if two or more participants in the accident, the policies are decorated in both the old and according to the new rules, the form of compensation will be selected depending on what an agreement is concluded with an insurance company paying compensation. Simply put, if the culprit of the accident was concluded after April 28, the victims can count on repairing the car, and if until April 28, then the money compensation.
Earlier in car accidents in an accident, there was an opportunity to choose a reimbursement format - in the form of money or repair workHowever, not all insurers offered both options. According to the deputy general Director "Reso-Guarantees" of Igor Ivanov, on average, more than 20% of motorists chose a natural refund.
The representatives of the industry surveyed RBC and experts agree that the amendments to the law were adopted for the fight against unscrupulous lawyers. "Most often, these car units are bought by the rights of the demands of victims to insurance companies and are independently submitted to the court," says Alexey Yanin's expert RA insurance companies. After that, they seek the insurers of payroll services, lawyer services and various fines and compensation. At the same time, the car owners from the courts did not win anything, and the insurers, on the contrary, were losing more than they had.
Representatives of the Insurance Industry noted the massive nature of such trials, which creates financial problems for the industry. As early as March, the Russian Union of Motorovshchikov noted that the share of court payments in 2011 was 15%, and in 2016 exceeded 50%. The Krasnodar Territory, Rostov and Volgograd region are considered particularly problematic regions. "These amendments will survive the auto insurance market," says Alexey Janin.
What has changed for a car owner
The procedure for applying for refunds remained the same. The car owner who fell into an accident should call or write to the company in which he acquired Osago. The insurer is obliged for 14 days to give the victim to repair for repairs, tells the official representative of Alfactor Yuri Nehaychuk. At the same time, the insurance company should send a car to repair to the maintenance station not more than 50 km from the place of an accident or the house of the victim. If there will be no suitable workshops within a radius of 50 km, the car owner has the right to receive cash payments.
"A pre-insurance company is obliged to conclude an annual contract with the maintenance station, in which the repairmen confirm the work at the prices and methods of the Russian Union of motorways," says Igor Ivanov's deputy guarantees. Special criteria, in addition to the distance of the workshop from the place of an accident or the house of the victim, is not spelled out in law. At the same time, the client is entitled to independently choose the most appropriate workshop from the list provided by the Insurance Company, and the insurer, in turn, is obliged to organize transportation to the desired workshop or pay insurance for money.
The insurer himself carries responsibility for repairs, and the maintenance station is answered, the lawyer Vadim Christmas clarifies. Therefore, according to a new law, the client should not enter into disputes with the repairman - with all complaints he will contact his insurer.
If there are complaints about the quality of repair, the client will have to send a complaint to the insurer who will have to refer to independent appraisers, clarifies Christmas. According to the head of the State Duma Committee on the Financial Market, Anatoly Aksakov, non-quality repairs will be denoted for insurers possible reputational or even financial losses (if the victim feeds on insurance company To court), so in their interests to ensure a good level of repair work.
What should be the repair
According to the amendments to the law, repairmen are obliged to use only new details for the repair of the car, without considering the degree of its wear. If new parts for the car in need of repair are not available, the insurer has the right to offer the auto repair shop to use the old details. The final decision remains for the victim. The law does not specify, who exactly should be the manufacturer of these parts, but if the car is less than two years old, then the workshop in which it will be directed to repair, should be an authorized car manufacturer. That is, if a car is repaired ford brands, I must send it to the Ford certificate.
The repairman is obliged to complete the work on the car in 30 days. In disruption of the terms of repair work, the insurer will be waiting for fines. In particular, the insurance company will have to pay the client compensation in 0.5% insurance compensation For every missed day. Also, if the projected duration of repair is not in the declared period, the client has the right to get money. The warranty for the work of the renovated parts is six months, to paint the car - year. According to the amendments, the Claims for Warranty Customer places its insurer.
And what about money?
However, these amendments do not mean that the client will no longer be able to receive cash payments: the document shows the list of exceptions. The consumer has the right to guaranteed cash payments if the car is not subject to repair; The victim received medium or severe injuries; Insurance receive relatives of the died in an accident; The victim is disabled; Repair is estimated more expensive maximum payout (400 thousand rubles).
Also, the victim has the right to negotiate with the insurance company about paying funds without support for the list of exceptions. In such cases, the decision remains for the insurer. Yuri Nehaichuk, however, stated that his company intends to leave the issue of the format of insurance payments (money or repair) at the discretion of the client. In turn, the Director of Insurance Development of the IC "Max" Sergey Pechechnik notes that in each case, the decision will be made individually.
Underwater rocks
The amendments do not solve a number of problems associated with CTP, considers Vadim Christmas. "They replaced one problem to another. If earlier there were disputes about the amount of payments, now there will be disputes about the quality of repair, "he explains. The lawyer adds that if earlier the client had a guaranteed opportunity to pay extra for the best service, now it all depends on the decision of the insurer. "Perhaps in the next six months will arbitrage practice As part of the settlement, "the expert concludes.
Chairman of the Board of the International Confederation of Societies of Consumers Dmitry Yanin is inclined to believe that new law will reduce the popularity of OSAGO. "After all the imminent problems with the quality of repair and terms, people will indulge in this kind of imposed insurance," says Janin. Partially deputies softened the wishes of the insurance lobby: for example, introduced into the law an item on new parts and ignoring car worniness, an expert notes.
The question of the growth of OSAGO tariffs is also open. "When the cost of OSAGO tariffs was calculated, insurers did not take into account the repair by new spare parts without taking into account wear. Consequently, the tariffs will inevitably grow, "says Ivanov from the" reso-guarantee ". With his words, however, the Director of the Department does not agree insurance market Central Bank Igor Beetle. In his commentary RBC, he noted that while to raise tariffs to companies will not need, but the Central Bank will carefully monitor the situation.
Almost every driver at least once participated in an accident. Suppose this hour X has come for you, and you remember the cherished pole "OSAGO". Expect security inspection staff road With a calm soul, confident that the insurance company will cover your losses. But, unfortunately, in practice it is completely wrong. In most cases, insurance companies are reluctant to part with their money and simply deceive their customers. How to get money from an insurance company? Do not worry, Russian legislation will protect you.
You got into an accident, what to do?
To begin with, call the traffic police officers for registration of a traffic accident. Next, they will begin to draw up documents that, after drawing up, will give you. Do not sign the documents in the blind, if you do not agree with something, then write your objections to drawing up the document. Make sure before leaving the inspection staff that you have the following documents: certificate of an accident (form 748, certified by seals), protocol administrative offense, Decision in the case of an administrative offense or determination to refuse to initiate an administrative offense case. In the Help must be displayed all damage received by your car.
Is it possible to independently issue an accident?
Yes, you can independently issue an accident by filling in europrotocol (design without attracting employees of the traffic police). This can be done if the damage caused is not more than 50 thousand rubles, two funds participate in the accident, there is no harm to the health of a person and you have no dispute about the guilt, the nature of damage with the second driver, both participants in the accident have an active policy. It is important to know: if your responsibility and responsibility of the second participant of the accident insured from August 2, 2014, then the maximum damage can be 50 thousand rubles, but before August 2, 2014, then the maximum damage cannot exceed 25 thousand rubles. Eurotocol blank can be taken in your insurance company, some insurers give it together with the policy. Also, the culprit of an accident should notify the insurance company about the accident, putting his policy, a copy of Euro-terrotokol. Be sure to display all the damaged damage in Europrokol.
Documents about the accident are collected, how to get insurance pay?
If you have gathered the documents mentioned above, you can safely contact the insurance company for the receipt of insurance payment. It is worth noting that there are certain deadlines here, which are indicated in the rules of compensation. It is advisable to not tighten with this business and apply to the same or the next day. When applying for Europrotokol, you have five days to submit an application. During the design of an accident by inspection employees - 15 days. OSAGO rules often undergo changes, therefore, the dates of treatment may vary with time. To submit an application you will need the following documents:
1. Certificate of Personality;
2. Certificate of an accident, which we have said earlier or Europrotokol;
3. Notice of the road accident (samples are available in insurance companies);
4. Administrative offense Protocol (when issuing staff of the traffic police) ;;
5. Resolution in the case of an administrative offense or the definition of refusal to initiate an administrative offense (when issuing staff of the traffic police);
6. A document that confirms the ownership of the TC (TCP and the certificate of registration of the vehicle);
7. Driving license;
8. Policy itself OSAGO;
9. Extract with the details of the bank account on which it is necessary to translate insurance payments.
If possible, pass the insurance company copies of protocols, decisions and references, or ask yourself to issue certified copies. Also, ask you to give you a document in which the fact is displayed that they have received this application from you with the transfer of all the applied documents, or on the copy of the application is an entry mark.
Documents in the insurance company are filed, what further action?
After the application was filed, the insurance company will contact you and assign the date of inspection vehicle and estimates caused to you damage. It is advisable to wash the car before carrying out inspection, because the layer of dust and dirt can not be seen all damage. It is also worth not to move away from the appraiser and ensure that all damages are displayed in the documents. At this stage, you need to be attentive if you disagree with the actions of the appraiser, also display it in the document. In the field "Operational defects" should be registered with a dash or "not detected", if there are no defects in your car, which prevented its normal operation.
The appraiser conducted an examination when they would make insurance pay?
Since submitting a statement, the insurance company is obliged for 20 days (excluding holidays officially recognized by non-working) consider your application and give your answer if the culprit is insured until September 1, 2014, then within 30. Most often, insurance companies pay Not all the money put to you or refuse to pay at all. No need to run for Validol, calm down, legislation will protect you Russian Federation. How to discuss money from an insurance company for an accident, explain below.
Insurance company did not indemnify the damage for the accident, what to do?
There is a way out, but it will require small investments of money and time. It's hard to think when one thought is in my head: "I do not agree with the size of the insurance payment, what should I do?". Then you will learn that on the one hand it is even better! First of all, refer to an independent expert for evaluation examination. Its cost can be completely different. The main thing to save the receipt, as all expenses will be charged with the defendant, in case of a decision in your favor.
After receiving the results of the examination, send a claim to the insurance company by registered letter with the back notice or personally, pass to the insurance company in 2 copies, one will be taken, on the second put a mark on the reception. In it, indicate that they disagree with the size of the insurance payment, and ask to pay the remaining amount according to the examination. Attach a copy of the appraisal examination to the claim. Next, from the date of receipt of the claim at the insurance company there are 30 days on the answer. As soon as you get an answer with refusal to compensation or after 30 days from the date of receipt, the claim can be submitted.
If the insurance has not paid for claims, it is necessary to make a claim for the protection of consumer rights, compensation for harm, the recovery of a penalty. This you can do both on your own, so turn to a professional lawyer, a lawyer. Qualified help In this question, you will help you avoid mistakes, and also will save nerves and time.
If you decide to sue yourself, then apply to the court, according to the rules of jurisdiction and filing claims, which will find in the Code of Civil Procedure. Briefly describe where, when and how the accident occurred, indicating the involved persons, indicate the culprit of the accident. Display the resulting TC damage. Explain when, in which insurance company you turned and why it is in it. Then describe when and how much money was reconciled to you, and since you did not agree with the amount when and where they conducted an assessment examination, as well as its result. Make the fact that the defendant did not reimburse anything by the claim. Also announce the fact that you have been incurred by the costs of examination. You can further refer to the following articles:
1. FZ No. 40-FZ dated 2.04.2002 "On compulsory insurance of civil liability of owners of the TS": paragraph "B" of Article 7; Part 1 of Article 12; Point "B" Part 2.1. Article 12; Part 1 of Article 14.1.
2. Articles 15, 309, 310, 931, 935, 1064 Civil Code Russian Federation
3. FZ No. 2300-1 of 7.02.1992 "On the Protection of Consumer Rights": paragraph 6 of Article 13, Article 15.
4. Part 1 of Article 98 Code of Civil Procedure of the Russian Federation.
You should not just shove these articles in the claim chaotic. Make sure that everything is connected logically, after our arguments, give one and these article. As the plaintiff, the owner of the TS, the defendant in the case is attracted by an insurance company, third parties - a culprit of an accident and driver of your TS, if this person is not plaintiff.
What should be required in court?
1. To recover in your favor with an insurance company at the expense of compensation for harm associated with the onset insurance case Cash in size (the amount that you had to pay insurance for independent assessment for the amount paid).
2. To recover in your favor with an insurance company at the expense of moral damage to the amount of money in the amount (the amount is determined by you as desired, the recovery amount may vary depending on your region).
3. To recover in your favor with an insurance company the costs of assessing (the amount you spent on the appraiser).
4. To recover in your favor with an insurance company a penalty in connection with the improper performance of obligations in the amount (size is 1% of the unpaid amount for each day of delay - amendments to legislation from September 1, 2014).
5. To recover in your favor with an insurance company a fine of 50% of the recovered amount.
Thus, besides your money, by a court decision, insurance will pay moral damage, penalty and fine.
An example of an insured event
We will analyze everything on the example: the insurance company paid you 20,000 rubles, according to the results of the assessment it was supposed to pay 50,000 rubles, the perment of the execution of 50 days.
So we demand:
1. To recover 30 tr. Over the onset of the insured event (50 tr. - 20 tr.)
2. Moral harm 10,000 rubles (we take this figure, as they say, "from the ceiling")
3. 10 000 rubles for examination (these are your expert costs)
4. penalty 15 tr. (30 tr. X 50 days x 1%).
5. Penalty of 50%.
It is worth noting: the amount of the penalty is most likely to be reduced, and the size of the fine is calculated from the actual amount of the amount, and not for your expenses.
To the application also attach the following documents:
A copy of the claim with all applications for each participant in the process;
A copy of the passport;
TCP and card registration cards; certificate of accidents;
Protocols and decisions; a copy of the insurance policy;
A copy of the statement to insurance;
A copy of the Treaty on the conduct of expertise and receipt;
Concluding evaluation examination;
An account of account for which the insurance translated money or was supposed to translate.
The state duty on claims to protect the rights of consumers is not paid.
Further, you expect to make a decision on the case, and if it has developed in your favor, we are waiting for it to enter into legal force, receive an executive list and then submit it to the bank, in which the insurance company is opened together with the statement. In it, you specify that ask for executive list to execute in accordance with Art. 8 FZ "On Enforcement Proceedings", indicate the series and number of the executive list, the date of issue by the number of the case from what date, what judge and what court, as well as what this executive list (transfer of all collected amounts) and the total amount of recovered funds. Specify that, ask you to transfer money to the following details (and specify your details for transferring funds).
Thus, in the end, you will receive, based on the example, instead of 30 thousand rubles, which was supposed to pay an insurance company, about 70 thousand rubles.
Do not save
Do not save!
Remember that the miser pays twice and no one has canceled this truth. Never reduce the cost of an annual insurance fee due to the "insignificant" changes in the contract directly or indirectly limit you in the results of insured events. Firstly, you will love in the insurance company, secondly, the nuances will not arise to determine damage, repairing the machine and others, one way or another affecting the result.
2 step
If the insurance company did not imbued with your misfortune and underestimates the cost or generally evades responsibility, progress to change the insurance company. This acts not always and is obligatory is the condition of trouble-free driving from 1 year ... But sometimes it works after 6 months. And 100% works with a complete CASCO, without a reduction in the insurance premium, parameters.
3 Step
Now about the CTP. Be sure to ask the inspector to take into account even the smallest damage to the car and possible internal damage. This will help get the most money from the insured culprit. Next, the commission on the accident is not the essence of it is interesting if you are 100% innocent. Next, give documents to insurance culprit Accidents, pass the expert assessment in the company with which there is an agreement with the insurance, and wait for the result.
You can cut the knocking out of the insurance indemnity and make an act of examination in advance, but then the cost of the expertise will not be commemable to you - in the total all its time.
4 Step
If you are satisfied with the calculations of the insurance - everything is great! And if not - read on \u003d)
5 step
Boldly contact an independent appraiser company if the results of the insurance assessment of you did not suit. Insurance, as a rule, calculate 2 schemes:
1. New detail (minus) car wear
2. Price Used Details
That's bullshit. In any appraiser, we consider you at the cost of new and will be right. Next, after the evaluation of third-party expertise, write a statement of the following nature:
STATEMENT
In connection with the disagreement with the results of the examination provided by you, according to the assessment of the damage caused by my car "Machine Machine". Number ????, in an accident "Date of accident", I turned to the company name "Name of the appraiser" with a request to conduct an examination on this accident. According to the results of this examination, the amount of damage was stolkoto p 00kop. (Stolkoto rubles).
I demand to pay for me the above amount, and also refund me the costs of payment for services "Name of the appraiser company" for conducting examination - 2000r 00kop.
Application to the application:
1. Package of documents on inspection and evaluation of damage from LLC "Name of the company appraiser".
2. Receipt of payment for services on the expertise from LLC "Name of the company appraiser".
If the insurance will refuse to fulfill the requirements of statements - boldly contact the court. Fortunately, he has the most humane.
