Is the insurance company required to provide a quote? A unified method for calculating damages for OSAGO: a method of deception. Calculation according to the unified rsa standard

It is calculated by the insurer when the injured party contacts him. Depending on the situation, the amount of the payment is able to cover the repair work in full or only in part. When calculating payments under OSAGO, the results of the examination of damages, as well as the wear and tear of the car and its individual parts, are taken into account.

What reduces the amount of insurance compensation for damage

When assessing damage to a car, it is taken into account first of all. It is he who has the maximum impact on the change in the cost of repairs. So for a new car that has been driven for less than a year, almost 100% compensation will be paid.

If the car has been driven for several years, then the insurance payment will be much lower. The older the car, the more wear and tear. Drivers are protected by the fact that the maximum value of this parameter is prescribed in the law - 50%. Therefore, the insurance company can reduce the payment only to half of the amount due.

Insurance indemnity for OSAGO can be increased if you keep checks and receipts for the installed parts. For example, if the car is manufactured in 2007, and the affected headlights were delivered this year, then depreciation is not taken into account for them.

How to evaluate the amount of compensation for OSAGO

The assessment of the amount of compensation for insurance is carried out with the help of auto technical expertise. Experts establish all hidden and visible damage, conditions and causes of an accident, analyze road conditions and other parameters. As a result, a complete picture of the accident is formed, conclusions are drawn up on controversial issues, and the amount of damage in an accident is established.

When assessing damages, many insurance companies tend to hide some damage and underestimate the amount of payments. You can dispute the result of the examination by a specialist from the insurance company by contacting independent experts. They will conduct an examination of the damage and prepare their conclusions about its damage.

Changes in the calculation of compensation in 2019

In January 2019, significant changes were made to .

Now the priority over the insurance payment has a restoration repair. An accident victim can receive monetary compensation in the following cases:

• a damaged car cannot be restored; the cost of repairs significantly exceeds the insurance payment limit; as a result of a traffic accident, damage was caused not only to the car (life, health or other property);
• for some reason, it is impossible to set the timing of the restoration repair in advance;
• repairs cannot be made at a repair organization chosen by the insurance company and the insurer.

How to check the accuracy of insurance calculations

Given that this year will be introduced, making repairs a priority type of compensation, drivers will want to check the integrity of their insurance company. You can use insurance reimbursement amounts. It contains information on the cost of parts in the region, standard hours and other parameters used in the calculation by insurers.

It should be noted that special care should be taken when checking the results of the examination in case of an accident, starting from 2017. The almost complete disappearance of in-kind compensation for damage under OSAGO will make it impossible to repair without additional costs if hidden damage is discovered in the process.

Damage compensation limits

Compensation for damages is limited to the maximum amounts of payments. The following values ​​are currently set:

• 400,000 rubles - payments for damage caused directly to the car;
• 500,000 rubles - coverage of harm to health and life of people, calculated separately for each victim.

In addition, compensation for damage was increased at. Starting in 2014, when registering an accident without calling the traffic police, you can get up to 50,000 rubles.

For the metropolitan area, a special rule regarding the Europrotocol applies. The amount of the penalty for it can reach 400,000 rubles, but only if the cars have a certified DVR. The device must be able to record video, record the speed and direction of movement, coordinates and automatically transmit information about the accident in the event of a collision.

Compensation for harm to health and life of people

The insurance indemnity is not limited to damages sustained by the vehicle. If people were injured in an accident, the insurance company will pay for their treatment and issue appropriate compensation.

The amount of the payment depends on many parameters - including the complexity of the injury, the surgeries and medical interventions.

According to OSAGO, the amount of payment for damage to health is estimated at a maximum of 500,000 rubles. The maximum amount is given to children who have received a disability, and adults who have been given a disability of 1 degree.

Victims who have received disability of 2 and 3 degrees can count on compensation of 350,000 and 250,000 rubles.

The amount of OSAGO damage in case of death is calculated separately. In this case, the beneficiaries receive 475,000 rubles. Another 25,000 rubles is given to a person who undertakes the burial of a deceased person.

Calculation of payment for OSAGO

If all participants in the accident have valid policies, then the procedure is reduced to contacting your insurance company. Within 20 days from the date of submission of documents, she will have to prepare all the necessary information, inspect the car and make a payment.

In case of delay in payment, a pre-trial claim must be filed. If it is not satisfied within 5 working days, then the insured person may apply to the court with a statement of claim. After a positive decision is made, the plaintiff receives not only the money due, but also an additional amount for each day of delay.

Recovery of damages from the culprit of an accident without an insurance policy is much more difficult. The whole procedure is carried out through the court. Money is collected directly from the guilty party, so the speed of payments depends on its property and funds in the accounts.

Many car owners who have had an accident are interested in the question of how the amount of OSAGO payments is determined?

Establishing a single standard

At the end of 2014, all insurance companies that operate under the OSAGO system were transferred to a single standard for calculating damage to vehicles damaged as a result of an accident. Previously, each company calculated the amount of damage in its own way. Sometimes the amount of several companies differed by 3 times. This ended with the victims receiving minimal payments, and motorists went to the courts.

Judgments were mostly not in favor of insurance companies. As a result, the amount of payments increased by 3 times and the insurers were left without profit. Urgent measures were required, otherwise the insurance business would simply become unprofitable.

At first, the autocivil policy itself, which insures the liability of a motorist, increased in value by 30 percent. And after that, a document was issued in which a unified procedure for calculating the amount of insurance payment was established. The Russian Union of Motor Insurers did a great job on the document.

Unified repair cost

For some time now, any company that calculates the cost of repairing a car that has received damage has been using unified sources of PCA in its work. So, car owners who have been in an accident no longer need to apply for an additional examination in order to assess how adequately the auto insurer made the calculation.

The amount of the refund depends on the following factors:

1. Dates of the accident;
2. Economic region;
3. car brands;
4. Damaged part numbers.

The results can only be distorted if any of the above parameters are changed. Of course, it is silly to talk about changing the brand of the car, but the part number can be changed.

The appraiser who inspects the car may “forget” to record any damage on the report. So the repair of an unaccounted part will not be recorded in the report of the expert company. The amount of the payment as a result of this may be artificially low.

In order to avoid such a situation, the work of the appraiser should be carefully monitored. It is also recommended that you review the report carefully.

How to calculate the cost of damage yourself?

PCA specialists allowed motorists to independently calculate the damage under OSAGO, the calculator for determining the payment was created specifically for this purpose. In order to recheck the results of the examination, motorists will only need to go to a special site where this calculator is located. In the latter, you will need to indicate the make, model of the car and its year of manufacture. You can also calculate the cost of individual parts. In this case, you will need to specify the name of the material and part number. Information can be taken from a report made by an expert. But you can try to search the Internet.

After entering the data into the calculator, the car owner needs to double-check them. After all, if at least one figure is incorrectly indicated, then all the results may be distorted. At the same time, motorists need to keep in mind that the cost of no more than 3 parts can be calculated at the same time. So if the car has survived a serious accident, its owner will need to use the service several times to find out the cost of spare parts.

What to do if the insurance company underestimated the amount?

If you suspect that the calculations were carried out by the insurer incorrectly, then you should proceed according to the following algorithm:

1. Get paid;
2. Before the repair work starts, show the car to an independent expert;
3. Before performing repair work, any technical center assesses the damage and calculates the cost;
4. When dismantling the car, the control elimination of damage is carried out.

As soon as you receive a certificate of acceptance and delivery of the car after the restoration of the vehicle, you can contact the insurance company with a request for a recalculation.

If we talk about accounting for depreciation, then its value cannot be set more than 80 percent of the total cost. The Ministry of Transport issued an order, according to which the list of vehicle elements was approved, for which the depreciation value was determined to be 0 when determining the amount of costs for parts during repairs. If the parts of your car are present in this nomenclature, then the insurance company must recalculate the replacement parts as new. In this case, mileage will be taken into account.

Depreciation is determined based on the age of the vehicle. Moreover, the calculation of the period of operation does not begin from the moment the car is released, but from the moment it begins to be actually used. If you do not know this nuance, then you can not notice the deception of the insurer and get a refund in a smaller amount.

If the insurer delays payment, the car owner can calculate the amount of the penalty online.

Car owners should always remember that only they are interested in the correct calculation of the cost of car repairs. Therefore, you should not be inactive if the insurance company offers a very low payment for OSAGO after an accident. It is worth figuring out how much you are actually entitled to.

Payments to victims

Speaking about the changes that have undergone the calculation of the payment for OSAGO, one cannot fail to mention situations in which the health of participants in an accident suffers. From now on, all affected citizens are entitled to good financial compensation. Previously, insurance companies reimbursed only the costs of treatment, which were supported by documents.

According to the new methodology, payments for damage to health are now calculated according to a special table that lists possible injuries.

So any victim may be entitled to a fixed sum of money based on their injuries. For example, the amount of insurance compensation in case of a fracture of the forearm will be 20-60 thousand rubles. According to experts, as a result of the introduction of a new calculation method, the average insurance payment will increase 10 times.

OSAGO involves insurance of the liability of the car owner to other road users. The responsibility of the driver may come when he became the culprit of an accident and caused harm to people's health or damage to other vehicles. Accordingly, payments in case of an accident are due not to the holder of the OSAGO policy, but to those persons who have suffered through his fault.

Reference! If the guilty driver or his property was injured in an accident, then payments can only be received under voluntary car insurance - CASCO.

Compensation to the victim rely on the following purposes:

In a standard situation, insurance compensation in favor of the injured car owner is paid by the insurance company of the culprit. However, there are three exceptions to this rule.

The calculation is carried out by the insurance company or an independent appraiser (if the victim does not agree with the insurer's calculations). The calculated amount of damage will depend on the following factors:

The value of salvageable remains is applied in the event of total loss of the vehicle. The amount of reimbursement required to purchase a new car is reduced by the price of salvageable leftovers.

How is insurance compensation calculated taking into account wear and tear?

To determine the amount of losses caused to the driver, and the appropriate compensation, insurance organizations perform the following procedure.

How not to become a victim of deception?

• First, at the earliest opportunity, you need to find out information about the owner of the vehicle that caused damage to the car as a result of an accident. It is also recommended to immediately find out in which company the culprit purchased the OSAGO policy.
• Secondly, do not let everything take its course, but, if possible, monitor the actions of the insurance organization. It is no secret that insurers by hook or by crook are trying to reduce the amount of payments, because the smaller the reimbursement, the more benefits they derive.

When providing a car for an initial inspection, it makes sense to make sure that the insurance employee has indicated in the act all visible damage to the car. Besides, it is necessary to trace whether attention was paid to possible hidden defects. After all, if such damages make themselves felt after the completion of the vehicle repair procedure or after the payment of compensation, subsequent repairs will have to be done independently or long and hard to prove that it was an oversight of the insurance company.

Use our online calculator to calculate OSAGO online - compare prices in various insurance companies. Save between RUB 1,498 and RUB 3,980 as the base rate can vary by 20%. No need to go to the office - you will receive an insurance policy to your e-mail

1. provide the car for inspection by an independent expert;
2. if the inspection data and the total amounts needed for repairs do not agree with the decision of the insurance company, you need to write a claim to the insurer;
3. if the insurance company does not want to regulate the issue on a voluntary basis, file an application with the court.

Important! The calculation of the cost of spare parts, components and assemblies, materials, as well as the standard hour of work must necessarily take place according to the methodology used by the Russian Union of Motor Insurers. Correctness can be checked online using calculators posted on the official website of the PCA.

Read about how the cost of PCA of spare parts for OSAGO is calculated.

In accordance with the current legislation, representatives of insurance companies are obliged to accept applications from vehicle owners for consideration and take the necessary decisions on them. If the UK does not want to fulfill its obligations, then it will have to compensate. Read our articles on how to calculate

A traffic accident is a terribly unpleasant event. It is associated not only with damage to the car and harm to people's health, but also with the red tape associated with obtaining insurance. Many car owners, who do not really delve into the intricacies of receiving payments due, experience serious difficulties in the implementation of the procedure. But if you know the whole procedure and take into account some of the nuances, then insurance payments will be received as quickly as possible and without any problems.

○ The procedure for receiving payments.

✔ Actions in case of an accident.

The traffic accident must be recorded. To do this, it is necessary to call, first of all, traffic police officers who will draw up an appropriate protocol. In the event of a serious accident, as a rule, representatives of the investigating authorities come and draw up their own report on the inspection of the scene, as well as take photographs.

To contact the insurance company, you can ask to make a copy of the protocols and pictures, which will be the best evidence of the incident. If possible, be sure to take your own photos from different angles. Recordings from car recorders or surveillance cameras will also be an excellent help (copies of the latter can be requested from the traffic police).

✔ Documents for insurance.

According to clause 3.10 of the Regulations, in general, the following papers must be provided:

1. Statement. It can be drawn up by both the victim himself and his representative (in the latter case, a copy of the power of attorney is also required). A sample can be taken from employees of the insurance company.
2. Identity document. As a general rule - a passport, for victims under the age of 14 - a birth certificate.
3. Bank details. This is required if the payment is made by bank transfer.
4. Accident information. The document is provided by the subdivision of the traffic police body, whose employees recorded the incident.
5. Accident notification. It must be drawn up by the owner of the OSAGO policy and sent to the insurance company, even if an accident report is drawn up by the traffic police.
6. A copy of the protocol on an administrative offense. The document is issued by employees of the traffic police department in the event that a corresponding case has been opened under the article of the Code of Administrative Offenses.

If it is necessary to confirm additional facts that affect the amount of the amount paid, you must also provide the relevant documents (for example, to confirm the death of the victim, you must provide a death certificate).

✔ Submission of documents.

The listed documents are submitted to the insurance company, which is indicated in the OSAGO agreement. The most reliable option for filing is directly to the office of the insurer. Depending on the organization, you can either sign up, or leave an application, or, on a first-come, first-served basis, provide the employee responsible for OSAGO payments with all the papers. The regulation on OSAGO rules allows victims to submit documents by mail or electronically. These methods can be much more convenient, but they do not guarantee one hundred percent transfer of documents, since letters tend to get lost for a variety of reasons. In addition, if all copies are provided by mail or electronically, it will still be necessary to contact the insurance company with the originals.

✔ Insurance response.

The terms within which the insurance company must respond to the victim's application for the payment of sums insured are clearly indicated in the Regulations on OSAGO Rules. According to clause 4.22, as a general rule, the insurer is obliged to consider the application and send a response to it within 20 days. In the event that the insurance company agrees to direct payment for repairs, the response time increases to 30 days. In this case, calendar days are taken into account, that is, together with weekends, with the exception of public holidays. The insurer's response usually contains either consent to payment or refusal. However, the insurance company may also propose changes or comments to the proposed conditions. In this case, additional documents are attached to the answer (in particular, the results of an expert assessment of damage). Usually such situations are regulated in direct communication between the insurer and the insured.

✔ How to get paid.

The amount can be paid in the event of an insured event in several ways:

1. A one-time payment of the full amount of money. It is the most common and simplest option.
2. Partial payment of the amount of money with the additional conclusion of contracts for the provision of services, which are covered by the remaining amount (as agreed by the parties, if necessary). As a rule, this concerns the performance of work and the provision of services for the restoration of the vehicle.
3. Payment of funds directly to a medical organization providing assistance to the victim (in whole or in part).

It is important to note that the payment of funds for harm to health or life under OSAGO does not affect the receipt of amounts due for personal insurance.

○ Payout amounts.

According to paragraphs. "b" Art. 7 of the Federal Law "On OSAGO", the maximum amount of the amount paid may not exceed 400 thousand rubles. This provision applies to cases of both total loss of the car and partial damage. In the first situation, the amount of the payment is established in accordance with par. 2 clause 4.15 of the Regulations and is equal to the actual value of the vehicle at the time of the occurrence of the insured event, minus the cost of usable residues. In case of partial damage to the car, the amount of payment is equal to the cost of a complete repair, while taking into account the average cost of restoration work in the region. An exception is the presence in the contract of a clause on compensation for harm in kind. If it is necessary to replace worn parts, they are charged no more than 50% of the nominal value.

As for compensation for harm to health, according to paragraphs. "a" Art. 7 of the Federal Law "On OSAGO", the maximum amount of payment cannot exceed 500 thousand rubles. The specific amount of the amount is set in accordance with the severity of the harm caused, as well as its consequences (various degrees of disability and legal capacity).

If the victim does not agree with the amount of payment, in accordance with paragraph 5.1 of the Regulations, he can submit a claim to the insurance company. It should contain calculations, as well as other evidence of one's own position. Disputes may arise in the following situations:

• Non-fulfillment or improper fulfillment of obligations by the insurance company.
• Disagreement with the amount of payment.
• Non-observance by the service station where repairs are carried out at the direction of the insurer, the terms for returning the car.
• Violation of other obligations by the insurer.

Out-of-court settlement of disagreements does not always lead to fruitful results, therefore disputes most often end in the organs of justice.

○ Refusal to pay, grounds.

The insurance company has the full right not to pay insurance compensation only in certain cases. The grounds established by clause 5.2 of the Regulations include the following situations:

1. Submission of an application by a person who is not a victim, or does not have a power of attorney allowing him to apply in the interests of the victim.
2. Failure to provide original documents at the request of the insurance company.
3. Lack of bank details when applying for a wire transfer.
4. Failure to provide a car for damage assessment at the request of the insurance company.

In addition, the insurer may refuse in cases of the occurrence of the so-called insurance risk. According to part 2 of Art. 6 of the Federal Law "On OSAGO", it occurs in the following situations:

1. Causing damage to a car that is not specified in the OSAGO agreement.
2. Causing moral harm or lost profits.
3. Causing harm at the time of sports competitions, training rides in places specially designated for these purposes.
4. Damage to antiques, precious metals, securities.
5. Damage to cargo carried in a trailer or special equipment, including during its loading or unloading.
6. Causing harm to the life and health of passengers during their transportation carried out as a professional activity (if the harm is subject to compensation under other insurance contracts).
7. Compensation by the employer for losses caused to the employee.
8. Environmental pollution.
9. Causing harm to employees, if there are other insurance contracts.

If the existence of these grounds is disputed by the victim, it is necessary to file a claim with the insurance company first. In case of dissatisfaction, there is only one way out - litigation.

○ When the insurance company can exercise the right of recourse.

Recourse is the claim of the insurer to the person who became the culprit of the accident. The citizen who caused the harm is not obliged to compensate the damage to the insurance company on his own, since this requires an appeal from the organization.

Part 1 of Article 1081 of the Civil Code of the Russian Federation:

• “A person who has compensated for the harm caused by another person (an employee in the performance of his official, official or other labor duties, a person driving a vehicle, etc.) has the right to claim back (recourse) against this person in the amount of the compensation paid, unless otherwise provided by law.

The grounds on which the insurance company has the right to recourse are specified in Part 1 of Art. 14 Federal Law "On OSAGO":

1. The person who caused the harm does not have the right to drive a car.
2. The person fled the scene.
3. Harm caused by a person in a state of intoxication.
4. Damage to health and life is caused as a result of intent.
5. The harm occurred during the period when the contract was not in force (if indicated in the contract).
6. The accident took place without the participation of the traffic police, while the person who caused the harm also sent a notice to the insurance company.
7. The person who has been harmed is not included in the OSAGO agreement (if it is indicated in the agreement on the action on a certain circle of persons).
8. The person who caused the damage started the repair before the 15 days required to hand over the car to the insurer had elapsed.
9. The validity of the diagnostic card expired at the time of the insured event.

○ Receiving payments through the court.

Insurance indemnity is not always easily and without questions paid to the insured. The insurance company may underestimate payments, refuse to transfer them to the victim, delay the process of transferring or repairing the car. In all these cases, a claim is first filed, but if it is not satisfied, the case is resolved in the district court at the location of the insurance company.

To apply to the judiciary, you must submit the following package of documents:

1. The statement of claim drawn up in accordance with Art. 131 Code of Civil Procedure of the Russian Federation. If the plaintiff does not have legal knowledge, it is necessary to entrust the drafting to a lawyer or other lawyer.
2. Copy of the passport.
3. A copy of the documents certifying the ownership of the car. These include a registration certificate, as well as a technical passport of the vehicle. These documents are submitted in case of damage to the car.
4. Copy of OSAGO agreement.
5. Copies of acts of examination and assessment of the car.
6. Copies of accident reports.
7. Copies of expert opinions, as well as medical reports. These papers are required to certify the calculations of the harm caused.
8. A copy of the claim filed with the insurance company for out-of-court settlement of the conflict.

The insurance company always has a qualified lawyer, so the victim should also take care of the services of a professional lawyer. If the court made a decision in favor of the plaintiff, a copy of it is sent to the insurer, who must perform one or another action within the time period set by the judge.

CALCULATION ACCORDING TO THE SINGLE RSA STANDARD

From December 1, 2014, all insurance companies operating in the OSAGO system have switched to a single standard for calculating damage to cars damaged in an accident. Previously, the experts of the UK estimated the cost of repairs in different ways. Sometimes the results of the calculations of two specialists differed by a factor of three. What did it lead to? Insurers paid the minimum - and the victims went to the courts.

Most of the decisions of the courts were not in favor of the insurers. As a result, the amount of payments increased by two or three times and insurance companies lost a significant piece of profit. They needed to take emergency measures, otherwise it would become unprofitable to engage in OSAGO. First of all, the cost of the policy was increased by 30%. Then a document appeared that established the procedure for calculating the cost of repairs - the same for all experts.

The RSA specialists worked on the document for a long time - after all, it was also necessary to take into account the cost of spare parts, and there are more than 40 million items in the directory!

EXCLUDING INFLATION

To determine the cost of repairs, the regions were divided into separate zones. There are thirteen in total. For each - their price tags for spare parts. To check which zone a particular region belongs to, just go to the PCA website (autoins.ru) in the “OSAGO” section. You can also check the cost of spare parts there. True, for this you need to know their factory designation.

The PCA assures that the prices for repairs and spare parts are set at market prices and there will no longer be disagreements between the victims and insurers. Is it so? Let's check.

For the purity of the experiment, let's take a real car that suffered in an accident - a 2011 Nissan Teana sedan with a mileage of 59,482 km. The experts of the Krimexpertiza company made a calculation of the cost of repairs both according to the unified PCA methodology and at market prices in the Moscow region. According to the PCA methodology, taking into account wear and tear, the victim will be paid 158 thousand rubles, while in reality, if you do not take into account the wear and tear of parts, 248 thousand will be needed to repair the car. The difference is 90 thousand rubles! And if we take the market calculation (taking into account depreciation) of our experts, then this difference will be reduced to 38 thousand rubles, but it will still remain.

The main reason for inconsistencies is the cost of spare parts. We checked the prices for parts on the PCA website and compared them with the average market prices in Moscow. It turned out that for most positions the prices in the PCA reference book are noticeably lower. This is understandable: the supply of spare parts is tied to the euro and the dollar, and the directories were compiled when the rate was two times lower. RSA plans to update its calculations only in six months.

The amount paid for repairs will also be insufficient. The cost of a standard hour for the Nissan brand is underestimated in the methodology. For example, unofficial service stations charge 1,000 rubles per hour for bodywork, and official rates are even higher - from 1,500 rubles. And the methodology indicates the amount of 900 rubles per standard hour (for the Central Economic Region, which includes Moscow).

There are other problems as well. According to expert Alexander Gladyshev, some car damage, such as body distortions, can only be detected on a special stand. And expensive measuring systems are not available in all car services, not to mention experts. As a result, the cost of such work will not be taken into account by specialists of insurers. This means that the money will not be enough to repair the car.

FIND THE WAY OUT

What to do with the injured in an accident? The ideal option is to get a comprehensive insurance policy. But not everyone can afford it.

Litigation is also not an option. Indeed, now both in insurance companies and in courts, the only document by which it is possible to calculate the cost of repairs is the PCA method. At the same time, if the difference between the payment of the insurer and the claim of the victim is no more than 10%, it will be attributed to the so-called statistical error and such a claim will not be accepted for consideration in court. And now the expert will not be able to calculate the damage for an amount that is more than these 10%, in order to try to get closer to the real cost of repairs - the technique will not allow. Therefore, the only way out for car owners who do not have a comprehensive insurance policy is not to take money, but to demand a referral for repairs to a car service. Fortunately, this is provided for by OSAGO rules.