The Supreme Court approved payments for OSAGO not according to the directories of the RS. The Supreme Court of the Russian Federation has updated clarifications on OSAGO What are the limits of the European protocol and is it possible to get more

The Plenum of the Supreme Court (SC) adopted a resolution on the application by judges of the legislation on "avtocitizen". From the final version of the document, under pressure from the Ministry of Justice, the norm on the obligation of the victim to communicate with only one division of the insurer when making a payment disappeared. Instead, car owners will be required to notify companies of requests to other offices. Insurers expect that the new regulation will limit the ability of auto lawyers to use fraudulent schemes.

The Plenum of the Supreme Court approved the resolution "On the application by the courts of the legislation on OSAGO". As Kommersant already wrote, the document proposes to assign to the car owner the need to declare what types of expenses the payment should cover: refurbishment, tow truck costs, loss of commodity value (TCS) and other things that, according to insurers, should stop car lawyers in courts ( see Kommersant of December 22).

As Igor Yurgens, president of the Russian Union of Motor Insurers (RSA), says, “this is a very important provision. Often the victim did not send such demands in his application, but "remembered" them in the claim or when filing a lawsuit. At the same time, the insurer could not verify their validity, since the time for responding to a claim is significantly shorter than the time for considering an application. If this requirement appeared only in the claim, then it was used to calculate penalties (forfeit and consumer fine) - which increased the costs of insurers.

The decree also obliges judges to take into account the RSA information about the presence of data on the electronic policy in the union's database (in disputes about E-OSAGO), and not just the printed policy, which may be fake. If the insurer discovers the unreliability of the information when concluding the E-OSAGO, he has the right to claim the lost premium from the client.

Only vehicle owners are mentioned as persons claiming insurance compensation under OSAGO. As Kommersant was explained in the market, this should not be taken as a ban on the assignment of the rights to demand payment - which would stop auto lawyers who buy out claims against the insurance company from participants in an accident. The resolution of the plenum of the Supreme Court mentions this provision of the law on OSAGO in order for car buyers to purchase a new policy by proxy.

In the final version of the resolution, the short story that the consideration of an insured event and all correspondence with the insurer should be conducted only in one division of the company disappeared - it was part of the draft document. The insurers insisted on this in order to avoid delays in payments when the client applied to the company's divisions in different regions. According to the interlocutor of "Kommersant" in the market, the short story disappeared from the decree under pressure from the Ministry of Justice. Now the balance of interests of the insurer and the client has been achieved: the car owner has received the right to apply to different divisions of the company, but is obliged to notify it of all his applications.

The Supreme Court also clarified the procedure for sending an application for payment to the insurer. It excludes sending by simple unregistered mail - the application can only be sent by registered or valuable mail or courier services. “This is another obstacle for unscrupulous insurers who previously submitted information about sending documents to the IC in simple letters. It was impossible to find out whether it was sent at all and what actually was in it - and the courts often took the side of clients in such disputes, ”says the head of the PCA.

According to Mr. Yurgens, “the main part of the clarifications of the plenum of the Supreme Court concerns precisely those loopholes and imperfections in the regulatory framework in the field of OSAGO, which auto lawyers freely use in practice. The Supreme Court took into account these nuances. We expect that this will reduce the number of applications to the courts using fraudulent schemes,” he says.

The rights of the victim to insurance payments under OSAGO cannot be transferred under an assignment agreement, the plenum of the Supreme Court decided - on Tuesday, the plenum approved the decree on the application of legislation on OSAGO. But this does not apply to compensation for non-pecuniary damage and fines awarded by the court - they can still be transferred under an assignment agreement of the right to claim to any person, according to a document that the Supreme Court provided to Vedomosti.

The victim must first receive the entire amount, and only then give part of the money to the representative, explained Viktor Momotov, judge and secretary of the plenum of the Supreme Court (his quotes are from Interfax). “It is necessary that the victim himself could dispose of these funds. Often everything turns out differently,” Momotov described the situation, “representatives offer a specific amount, and take everything else for themselves.”

It will now become more difficult for unscrupulous car lawyers to get money from insurers, says Evgeny Ufimtsev, executive director of the Russian Union of Motor Insurers (RSA). He considers unscrupulous those auto lawyers who come to the scene of an accident and buy out the rights of claim from the victims, for example, for 50,000 rubles, after which they collect significantly larger amounts from the insurer through the court, and put the difference in their pocket. “Now it turns out that most of these funds will go directly to the consumer of the OSAGO service,” Ufimtsev rejoices. - And the mediator will need to find arguments and explain why, having won 200,000 rubles in court, he gives the victim 50,000 rubles, and keeps 150,000 rubles for himself. It will be extremely difficult to prove that his services cost so much.”

This decision of the plenum of the Supreme Court for the first time protects the interests of insurance companies, rather than consumers, because this rule eliminates, according to Mikhail Gromtsev, deputy general director of the Opora insurance company, “the most rabid cases of auto-legalism.”

Igor Ivanov, Deputy General Director of RESO Guarantee, hopes that after this decision of the Plenum of the Supreme Court, the number of MTPL litigation will also decrease. For the nine months of 2017, non-insurance payments under OSAGO - that is, what was collected by auto lawyers through the courts - amounted to about 20 billion rubles, of which in 95% of cases the representatives of the victims, and not themselves, received the money, complains Ufimtsev.

The decision of the Supreme Court will really reduce the possibility of earning money for auto lawyers, whose business model is built on the assignment of rights of claim, says Nikolai Tyurnikov, president of the Association for the Protection of Policyholders (dealing with litigation). Now it will be possible for car lawyers to make money on OSAGO by overstating legal costs, he believes, but the activities of car lawyers working by proxy from the insured will not suffer in any way. Now, Tyurnikov continues, about 70% of auto-lawyers practice both by proxy and by assignment (assignment of claims). Tyurnikov believes that the plenum of the Supreme Court also restricts the rights of car owners: “If earlier a car owner could say: I don’t want to do this, take everything for yourself, including fines, moral damage and whatever, now he cannot do this.”

The original version of the draft of the plenum of the Supreme Court provided that the documents for the settlement of the insured event must be submitted to the same unit as the application. However, this provision was not included in the final version of the project. The Supreme Court considered that the introduction of such a duty would be an unnecessary burden for the victims. Unscrupulous insurers sometimes applied to a company division in one region, and then sent a claim to another region, and additional documents to a third region, says Igor Yurgens, president of the All-Russian Union of Insurers. The Supreme Court also introduced a restriction on the procedure for filing an insurance claim. It excludes the direction of a simple unregistered postal item. From now on, an application can only be sent remotely by registered or valuable mail or courier services. “The main part of the clarifications concerns precisely those loopholes and imperfections in the regulatory framework in the field of OSAGO, which auto lawyers freely use in practice,” says Yurgens.

Many years have passed since the introduction of the compulsory auto insurance system in Russia. However, some controversial issues still do not have an unambiguous resolution.

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The OSAGO Plenum was held to achieve unity in resolving conflicts. Since not all court decisions on OSAGO were the same in situations of the same type. This pointed to the imperfection of Russian legislation. To achieve uniformity in the application of the regulatory framework in the field of driver liability insurance, the Supreme Court of Russia held a plenum on OSAGO.

Issues raised

1. Legal regulation of MTPL relations. During the discussion, an important decision was made. If insurance is carried out for personal purposes, i.e. not for entrepreneurial activities, then the Law “On Protection of Consumer Rights” applies to contractual relations. The normative act is valid on a par with Chapter 48 of the Civil Code of the Russian Federation "Insurance", the Federal Law "On compulsory insurance of civil liability ..." and the Law "On the organization of insurance business ...". Relationships where one of the parties is a professional association are not covered by the consumer protection law.
2. Limitation of actions. The statute of limitations for motor third party liability insurance cases is 3 years. Moreover, the calculation of the period begins from the moment when the victim learns about the refusal of the insurance company to pay the due compensation or reimbursement of this amount in full. It is noteworthy that during subrogation there is no change in the statute of limitations and the procedure for its calculation. On the contrary, even a partial compensation of the insurance indemnity or recognition by the insurer of a claim by the injured person serves as a basis for a break in the limitation period.
3. Features of the consideration of cases under OSAGO. There are several key aspects to this issue:
   • cases on disputes arising from non-fulfillment by the insurer of the OSAGO agreement are considered by courts of general jurisdiction. The only condition is that the insured event involving the owner of the vehicle must not be related to entrepreneurial activity. The justice of the peace has jurisdiction over cases with the value of the claim not exceeding 50 thousand rubles. (Article 23 of the Code of Civil Procedure of the Russian Federation), above - to the district court (Article 24 of the Code of Civil Procedure of the Russian Federation);
   • in case of disputes with transport owners that are related to entrepreneurial activities, cases should be considered by an arbitration court;
   • if the victim sues directly to the culprit of the accident, then the insurance company must be involved as a defendant in the case;
   • the judge has the right to return the statement of claim if the pre-trial procedure for resolving the conflict has not been observed.
4. Insurance payments. This term refers to the amount obligatory to be paid by the insurer to the injured person as compensation for damage to property, life or health. In addition, recovery costs incurred by the victim as a result of a transport accident are subject to compensation. Such expenses include the costs of evacuating the car from the scene of the accident, storing the damaged car, as well as transporting the victim to a medical facility (if necessary). In addition, insurance payment is also subject to compensation for the restoration of a road fence or a sign damaged in an accident. , caused by the loss of a presentable appearance, can also be claimed by the victims for compensation.
5. Responsibility for violation of the terms of payment of insurance compensation. For non-compliance with the deadline or for the refusal of monetary compensation to the victim, a penalty of 0.05% per day of delay will be charged. The percentage is taken from the limit insurance amount. If the insurance payment is to be made in kind, then the financial sanction is set at 1% for each day of delay.

Resolution of the Plenum on OSAGO

• The owner of the property or the person who owns the vehicle, which was damaged as a result of an accident, has the right to an insurance payment. Persons mentioned in the power of attorney for such property or having a lease agreement for it are not entitled to compensation.
• The insurance company is obliged to compensate for the loss of the commodity value of the technical device - the appearance of the car is now material damage. The insurance company has the right to choose the method of compensation: by transferring funds to the account of the victim or by sending the affected car to a service center.
• There has been some simplification of the procedure for compensation for damage in case of mutual fault of the participants in a road accident. The OSAGO Plenum decided in this case to establish the degree of guilt for each of the drivers, depending on which the insurance payment is made. In the event of an undetermined degree of culpability, compensation for damages will not exceed 50% money spent on repairs.
• From now on, accidents that occur outside the carriageway are reckoned as an insured event. Accidents that occur in a car park or in the yard are also subject to compensation.
• The insurance company is responsible for the repair of the victim's vehicle at the car service center chosen by the insurer. Here it is worth explaining that the car service is fully responsible for the quality of the repair, however, if the victim finds any post-repair problems after the repair, he has the right to contact the insurance company to eliminate them.
• The decision also affected the damage to real property as a result of the accident. In this case, compensation for damage is made on the basis of estimates and the conclusion of the appraiser. Also, other settlement documents may be the basis of the claim for compensation.
• If the participants in the accident (no more than two participants) did not suffer any harm to their health, the Supreme Court allows direct pre-trial settlement. The participants in the incident are given the opportunity to agree and not bring the solution of their dispute to court. The first step should be to contact the victim with the insurance company.
• It is also recognized in a situation where damage to property was caused during parking, stopping, or towing a car. The insurer is obliged to cover all the costs of restoring the vehicle in such a situation.
• The victim has the right to choose in what form to accept compensation from the insurance company. This may be a cash payment or a referral for repairs at a car service. It should be understood that the wear and tear of auto parts and assemblies that did not arise as a result of an accident is fully paid by the victim. At the same time, the Supreme Court warns that in 2020, OSAGO payments, even if the victim chooses to repair a car, are made taking into account the natural wear and tear of car parts;
• The Plenum of the Supreme Court approved the new size of the insurance payment. For damage to the vehicle, the victim may receive compensation in the amount of up to 400 thousand rubles., and in case of established harm to health - up to 500 thousand rubles. The amount depends on the severity of the injury.

Resolving disputes under the "Europrotocol"

If the accident was registered without the participation of police officers according to the so-called, then the maximum amount of insurance compensation will be 50 thousand rubles. Immediately after registration and compensation for the harm caused, all obligations of the insurance company and the perpetrator of the accident to the victim cease. Thus, the victim is not entitled to any additional payments in excess of the established amount.

This rule does not work if:

• the executed agreement was declared invalid in court;
• after the conclusion of the agreement, the victim suffered harm to health or life, which was caused by the accident, but at the time of the agreement the victim in the accident did not know;
• the execution of the agreement was made before the inspection of the damaged vehicle by the representative of the insurer. In this case, the insurance company has the right to refuse to pay compensation.

New policy

To the question of whether the OSAGO policy is an official document, there is a clearly formulated answer. By law, the OSAGO policy is a public document of strict accountability. Consequently, forgery of such documents provides for criminal liability (Article 327 of the Criminal Code of the Russian Federation). At the same time, there is an increase in cases of forgery of OSAGO contracts in the insurance services market. Therefore, it is necessary to be vigilant in this matter.

It is advisable to purchase insurance from reputable insurers. Since a fake policy does not give its owner any rights in relation to the insurer and does not release from the obligation to compensate for damage caused by an accident. Not so long ago, the Union of Motor Insurers of Russia announced that from July 1, 2020, all forms of OSAGO policies will be subject to mandatory replacement due to the increasing cases of their forgery.

However, to date, there has been no official information on the solution of this issue. Therefore, there is no need to hurry with the replacement of the insurance policy.

It is only known that the new forms will have a higher degree of protection, and the cost of replacing them will fall entirely on the shoulders of insurance companies.

What are the dangers of using fake insurance?

Since the end of April last year, new rules for compensation for OSAGO have been in effect. Now, in the event of an accident, the car owner cannot choose between money and repairs. In any case, the insurance company will send the car for repair, and monetary compensation will be given only in special cases.

Ekaterina Miroshkina

economist

The OSAGO law was already complicated, and became even less clear to ordinary people. For example, what about the owners of old policies, cars under warranty and those whose repairs are more expensive than the maximum payout?

The Supreme Court dealt with the nuances of OSAGO. He studied the ambiguous situations and issued a general resolution in which he explained how to properly compensate for damages under OSAGO. The resolution has 103 paragraphs and a lot of complex wording. But you do not have to read them in the original: we have studied everything and selected the main thing.

Why is it important

Clarifications on OSAGO were issued by the Plenum of the Supreme Court, a special body that includes the chief judges of the country. They have the authority to explain incomprehensible laws. Judges study cases in the regions, look at what problems most often arise due to OSAGO and where there are more errors. They discuss a lot, argue, invite experts, and then publish a large and important document.

This ruling will govern all courts in all regions. It is necessary not only for courts, but for all car owners. When the insurance company refuses to pay for a tow truck or does not issue a referral to the right car service, you can find a suitable item in the Plenum resolution and figure out how to do it right.

What refund policy applies to you

The main change in the law is on the procedure for compensation: whether the insurance company must pay compensation in cash or send it for repairs. Before, you could choose. Under the new rules, only repairs.

The damage is reimbursed according to the rules that were in force at the time of issuing the policy of the tortfeasor. If the culprit bought the policy before April 28, 2017, you can choose to repair or pay. If his policy is issued later, repairs are a priority. This also applies to direct compensation.

If the accident is massive

From September 26, 2017, in case of mass accidents, you can receive direct compensation, even if you bought the policy earlier. It was written in the law that it works for all accidents from that date.

Remember:

Mass road accident → direct compensation.

If the policy is not in the general database

Sometimes it happens that the culprit of the accident bought the policy legally, but for technical reasons did not get into the general database. If it can be proven that the purchase was valid and legal, then the damage will be reimbursed.

If the car owner wanted to save money and bought a fake on a dubious site, the OSAGO contract is not recognized as concluded and the damage to the victim will not be reimbursed at the expense of insurance. Money will have to be demanded directly from the culprit through the court.

If there are errors in the policy

When applying for e-OSAGO, the car owner himself fills in the data about himself and the car. They are checked against common bases, but mistakes still happen. Previously, due to such errors, they could simply refuse to pay: they say, the cost of the policy is underestimated, the policy is invalid, goodbye. The Supreme Court ruled that it was illegal.

Even if there is an error in the policy of the culprit, this is not a reason to recognize the OSAGO agreement as not concluded and refuse to reimburse. The Supreme Court offers two solutions to the problem - depending on when the error was discovered in the data filled in by the driver.

Before the insured event- the insurance company will detect underpayment and demand to pay the missing amount for the policy. In the event of an accident, damage under such insurance will be reimbursed as usual.

After an insured event- the injured party will still receive a refund, regardless of the error in the cost of the policy of the culprit. But the insurance company will recover the entire amount of compensation from the culprit. This is called a recourse requirement.

The victim will receive compensation in any case. It doesn't matter to him what the deal is between the culprit and his insurance company. But for the culprit, there is an option to return the entire amount of damage or pay extra for the policy before the insured event - then the insurance company will compensate for the damage.

Check the data in your policies if you issued them via the Internet. If something is wrong, confess to the insurance company and pay the difference. Otherwise, you may be subject to a recourse requirement and you will have to pay much more.

You cannot change the data in the policy, only buy a new policy

It will not work to indicate a new policyholder or replace the car in the policy. It is also impossible to transfer the policy to a new owner when selling a car. It is useless to attach a copy of the contract of sale or make notes on the policy with the assurance of the buyer and seller. In the event of an accident, there will be no compensation from the insurance under such a policy.

For example, a policy was bought for a year, and six months later the car was sold. The new owner must buy himself an OSAGO, and the former one will be able to return the insurance premium for six months.

Likewise with a new car. The car owner sold one car and bought a new one. He will return part of the insurance premium for OSAGO for the sold car and issue a separate insurance for the new car.

If you are offered to fix something in the insurance policy, this is illegal - then you will compensate for the damage with your own money. If the seller offers to give away his insurance along with the car, this is a useless option and will not help in case of an accident.

What are the limits of the Europrotocol and is it possible to get more

If drivers filed an accident according to the European protocol without calling the traffic police, there is a limit on the amount of damage. Now it is 50 thousand rubles, and from June 1, 2018 it will be 100 thousand. The insurance company is not obliged to indemnify damages in a larger amount.

But if, after an accident, damage to health or property was discovered that was not immediately known, the victim can apply to the insurance culprit for additional compensation - even if the accident was filed without calling the traffic police.

If the car is rented, sold or bought

Only the owner of the car can receive compensation for OSAGO. The renter of the car cannot claim compensation from the insurance company. You can't do it by proxy either.

If the refund has not yet been received, and the car has been sold, the new owner does not have the right to demand something from the insurance company for past accidents. Even if he is going to repair the car.

If you buy a car after an accident and you are promised to automatically transfer the right to repair at the expense of insurance, do not believe it: you will not have such a right. You are not recognized as a victim, and you will not receive anything from the insurance company. But the seller may well receive - and then you will not prove anything.

When Direct Remedy Works

Direct reimbursement is when they turn not to the insurance culprit, but to their own. That is, the other driver is to blame, he has a policy in some kind of insurance company. Then you go to your insurance company, which you yourself have chosen and with which you want to deal with, for payment. Your insurance company will reimburse you for the damage, and then the culprit's insurance company will reimburse her for everything.

You can apply for direct compensation to your insurance company only if the cars are damaged. Damage to health under this scheme is not compensated.

If the culprit does not have an OSAGO policy, there will be no direct refund. Compensation for damage to property will have to be demanded directly from the culprit - by agreement or through the courts.

If the victim applied to his insurance company for direct compensation, and then found out about the harm to health, you can apply for compensation for harm to health from the insurance of the culprit.

What is reimbursed for

The victim has the right not only to repair or payment when it is required by law. The OSAGO policy also covers additional costs: for a tow truck from the scene of an accident, car storage, delivery of victims to the hospital.

If a road sign, equipment at a gas station or a fence is damaged, their restoration within the limits of the sum insured will also be paid within the framework of OSAGO. Even for damage or loss of cargo, you can get compensation. Naturally, the cargo should belong to the injured party, not the culprit.

OSAGO is not property insurance, but civil liability insurance. The policy does not cover the damage of the culprit, but the damage that the culprit caused to someone. To compensate for your losses and expenses, even if you are at fault for an accident, you need to buy other insurance, such as comprehensive insurance or cargo insurance.

Compensation for loss of commodity value

As part of OSAGO, you can even receive compensation for the loss of commodity value. For example, there was a new car and if sold, it would cost a conditional 700 thousand rubles. And now she was scratched in an accident due to the fault of another driver.

The insurance company issued a referral for repairs, a bumper or fender was painted in a car service. Everything seems to be fine. But this is already a painted car, and even after repair it will not cost the same 700 thousand. Due to painting and replacement of parts, it can cost 20 thousand less - this amount can be included in the amount of damage within the general limit for OSAGO policies.

How is compensation calculated?

The amount of expenses for car repairs is calculated according to the unified methodology of the Central Bank. If there are no types of repairs in the manual, they will not be paid. For example, under an OSAGO policy, the insurance company is not obliged to pay for the restoration of drawings on the body, even if it is an expensive and complex airbrush. Only Casco will save here.

To calculate damage to property other than the car itself, you need an appraiser. For example, according to the manual of the Central Bank, it is impossible to calculate the cost of repairing the fence at gas stations. For this, a separate estimate will be made.

Total destruction

A total loss is when the car cannot be repaired or the repair costs exceed the value of the car before the accident.

In case of complete loss of property, its value is paid at the time of the accident, minus the usable remains. Examination will establish the exact amount, but you can do without it - if the insurance and the car owner themselves agree on the amount of the payment. Then they sign an agreement, but the assessment is not carried out. By the way, this can be done with less damage.

Take this into account: sometimes it is better to get money by agreement and no valuation than to conduct an examination and receive a small amount and unnecessary parts. But if you agree to such a payment, then you will not be able to challenge the amount even in court. It is believed that the insurance company does not owe you anything.

If the culprit of the accident is not in the policy

OSAGO is liability insurance when using a specific car. The policy indicates a specific person or several. It is their responsibility when using the car is insured. But if a person who is not listed in the OSAGO policy is to blame for an accident with a specific car, this is not a reason to refuse compensation to the victim.

For example, two cars collided. It turns out that the culprit is not in the OSAGO policy, the car belongs to one person, and his friend, brother or matchmaker is driving. Sometimes the victim was denied compensation: the damage had to be recovered from this friend or brother through the courts. Local courts have often supported this approach.

The Supreme Court ruled that this was wrong. The victim is still entitled to compensation under the OSAGO policy, although the culprit is not indicated in it.

But for the culprit, this will not work for nothing. Then the insurance company will deal with the driver - for example, they will present him with a recourse claim. But these courts will no longer concern the victim: they will repair the car at the expense of the insurance company.

Is it possible to get money if you have a repair refund

If the owner of the car received a referral for repairs, he is still entitled to monetary compensation for additional expenses, such as towing and storing the car.

If, due to an insured event, there are expenses that need to be reimbursed in money, and they tell you that everything, now the reimbursement is only a repair, do not believe it and get your way. Indemnification by repair concerns only damages of the car, and OSAGO covers not only it. True, we must not forget about the limit of payments for damage to property. If the amount is not enough, the difference can be demanded from the culprit.

Who is responsible for the quality of the repair

The responsibility for the quality and timing of repairs to the injured car owner lies with the insurance company. All claims must be presented to her, and she will solve the problems. If it comes to court because of the repair, then you also need to sue the insurance company, and not the car service.

The insurance company and the service station will figure it out later. The victim and his right to repair or payment of their relationship should not concern.

The repair was delayed - go to the insurance. The car was badly repaired - similarly.

This applies even to those cases that do not fall under the law on the priority of repairs over payments. If the insurance company issued a referral for repairs, it took responsibility for its quality and timing.

If the deadline for requesting a repair is missed

When the insurance company issues a referral, it indicates the period when you need to contact a specific car service. If this deadline is missed, you can’t just come for repairs at any time. You need to get a new referral from the insurance company with a new date.

If the car is under warranty

A referral to a certified car service will be issued only if the car is no more than two years old. If more time has passed since the date of issue, the insurance company is not obliged to issue a referral to the service where cars of a particular brand are officially repaired. Even if in this case the car is removed from the warranty or you simply do not trust other services.

The car may be under warranty for three years or even more, but this is not an argument for OSAGO. By law, after two years, the insurance company is not required to give a referral to the service that will retain the guarantee. Maybe, but not required.

Make sure your insurance company is ready to issue a referral to an authorized service, even for a three-year-old car. It is best if this service is in the list by default. Because if it is not there, the promises will be only in words. And this means almost nothing, and you can easily be left without a guarantee.

If the insurance does not work with the right car service

If the insurance does not work with your favorite car service, there is a chance to get a referral to the right place. The law does not prohibit negotiating with the insurance company. If she agrees, she has the right to issue a notice to any car service that suits the victim.

If such a direction is issued, then the insurance company is responsible for the timing and quality of repairs, as well as for car services from among its partners. Shifting responsibility for the quality of repairs to the car owner will not work. The Supreme Court explained that such repairs are carried out on behalf of the insurance company - it is responsible for the quality.

But you can not force the insurance company to issue a referral to the right car service. We can only agree.

If 15 days have passed after the official request, and the insurance company does not respond, this means a refusal. You can't challenge it in court.

Repair Surcharge

If more money is needed for repairs than provided for by the limit or OSAGO rules, the car owner will have to pay extra. In this case, the demand for additional payment is legal.

The cost of repairs is known in advance - it is indicated in the direction.

You can refuse to pay a surcharge and take a refund in cash. The insurance company cannot refuse.

It happens that in the direction they indicated the amount of additional payment for repairs, and after diagnostics in a car service, it became clear that you need to pay more. For example, they were going to change the bumper, and then the mounts flew off, the racks led and the geometry of the body changed. Then the car owner still has the right to refuse repairs and collect monetary compensation. Even if at first he agreed to pay extra and took the referral. In this case, the insurance company must compensate for the costs of diagnostics - they will not be deducted from the payment.

When Can You Sell Reimbursement Rights to Auto Lawyers?

The right to damages can be sold under an assignment agreement. This is what car dealers make money on. They pay compensation to the victim, and then demand it from the insurance company in a larger amount or with a penalty.

You can sell the right to indemnity only if the insured event has already occurred. You can't do it in advance.

The right to compensation for harm to life and health, as well as compensation for moral damage, cannot be sold. Also, the right to claim a fine under the consumer protection law cannot be ceded in advance.

The court awards these sums to the specific injured person. Only then can you transfer the right to demand a writ of execution to anyone, for example, auto lawyers. And you can not transfer. In any case, the auto lawyer will not be able to change this amount.

What else can you get from the insurance

If the insurance company violates the deadlines or underestimates the amount of compensation, financial sanctions under the OSAGO law or a penalty under the consumer protection law can be applied to it. It's not the same thing.

Additional compensation may include:

• for unmotivated denial of insurance payment - 0.05% of the sum insured for each day of delay;
• for late payment or referral for repairs - 1% of the amount for each day;
• for protracted repairs - 0.5% per day.

If the case goes to court, in addition to financial sanctions and a penalty, you can also demand a fine under the law on consumer protection. For example, if the insurance company underestimated the payment, and the court appointed more. The victim will receive another 50% of this difference. But this does not mean that the amount of the penalty can be anything: such sanctions have limits under the law.

Even if, after a claim, the insurance company still pays extra, this is not a reason to refuse a fine. If a lawsuit is filed, it means that there was no voluntary payment - there is a right to a fine. Sometimes it's a lot of money.

But it is better not to abuse it. If it turns out in court that the insurance company is not to blame, and it was you who did not provide the car on time or did not bring all the documents, there will be no penalty, no fine, no compensation for non-pecuniary damage. And the insurance company will have the right to collect legal costs from you.

When preparing for court, you need to seek the advice of a lawyer and do everything honestly. There are a lot of nuances in the penalties for OSAGO, do not memorize them now. Unlike the other points, they will not come in handy in advance, but only when it comes to court.

If the time comes to sort it out, read paragraphs 77-87 of the decision of the Plenum of the Armed Forces. It's about the calculation of the penalty. And in paragraphs 88-103 in detail about which court to file a claim with.

How are inspections and examinations carried out?

After the insurance company has received an application for compensation, it has five working days to inspect the car and appoint an examination. The insurance company must conduct an examination or assessment no later than twenty working days after the victim submitted the application. After that, the insurance company must make a payment, if it is due, or issue a referral for repairs.

If an examination is needed, the owner of the car must be notified about it. The insurance company can do this by mail, indicating in the notice the date and place of the examination or assessment. Even if the car owner does not want to receive a notification, it is considered that he has been notified. But the insurance company must prove the fact of sending, not you.

If the victim does not provide the car for examination, the insurance company will appoint a second one. If the second time fails, the documents will be returned and there will be no refund. Even the data of the examination that the car owner will conduct himself will not help. If you decide not to come for an insurance examination and conduct it yourself in a convenient place, do not do this: you will lose time and waste your money.

But even after returning the documents, you can apply for a refund again. The terms for reimbursement will be counted from the day of the repeated application, as if the first one did not exist. In order not to delay, provide the car for inspection on time and do not shy away from the examination.

If the car cannot be delivered for inspection

It happens that the car is badly damaged, located in another region and cannot be brought for inspection. Then the insurance company must organize an inspection at the location of the car.

If she refuses or cannot, then the car owner has the right to conduct her own examination - its results will be valid. But cheating will not work: if it turns out that the car could still be provided for inspection by the insurer, these examinations will not be recognized.

How to communicate with the insurance

After an insured event, the victim must report it to the insurance company and provide the car for inspection. A package of documents can be sent to any office or branch of the insurance company, which is in the annex to the policy.

You need to send documents, claims and notifications in such a way that it is clear exactly when they were transferred to the insurance company.

Timing is important for OSAGO. Record correspondence and stages of communication with the insurance company and its divisions. Hand over documents in person only under signature. Send by mail with a description of the attachment and acknowledgment of receipt. Keep the numbers and dates of all messages.

Follow the mail at the address indicated in the insurance for feedback. Missing documents may also be requested by mail.

Unscrupulous car lawyers were forbidden to redeem the rights of claim from the victims, the limit under the Europrotocol will be increased, and the rule of one unit no longer works - these and other important law enforcement nuances were explained by the Supreme Court in the December Decree of the Plenum of the Armed Forces of the Russian Federation dated December 26, 2017 No. 58 “On the application courts of legislation on compulsory civil liability insurance of vehicle owners” (according to the text - PP No. 58). Read more about the most important clarifications of the plenum.

Mistakes when issuing an electronic policy are not a reason for canceling an insurance payment

From January 1, 2018, insurers were required to conclude an electronic OSAGO agreement with each person who applied with the relevant application. As a general rule, the very existence of a policy, until proven otherwise, is a confirmation of the conclusion of an agreement, information about which is entered into an automated information system (Article 30 of the OSAGO Law). The courts are recommended to take into account such information, however, the very fact of the absence of information about the policy in the system, without taking into account the totality of all relevant evidence, cannot indicate that the contract has not been concluded and is not a legitimate reason to refuse compensation (clause 8 of PP No. 58).

If the policyholder deliberately enters incorrect information in order to reduce the amount of the insurance premium, the insurance company has the right to recover the unjustifiably saved amount or insurance payment in the order of a recourse claim (but only one of the two - paragraph 3, clause 9 of PP No. 58).

Reimbursement in kind is a priority, but only with new parts

The lack of a choice of the type of compensation for car owners who entered into an insurance contract after April 27, 2017, or the priority of in-kind compensation to monetary compensation (clause 57 of PP No. 58, clause 15.1 of article 12 of the OSAGO law) is compensated by a ban on the use of used components during mandatory refurbishment car (clause 59 of PP No. 58).

All monetary claims must be indicated in the application.

In addition to repair costs, the insurance company is obliged to reimburse other expenses, in particular, to compensate for the loss of commodity value, pay for the services of a tow truck, road workers, etc. (clause 50 of PP No. 58). With the exception of expenses not provided for by the Unified Methodology for Determining Repair Costs (Regulation of the Bank of Russia of September 19, 2014 N 432-P), in particular, the restoration of airbrushing (clause 39 of PP No. 58).

The policyholder must present the car for inspection, and indicate all claims and types of expenses in the application for payment. Such measures are designed to protect insurance companies from excessive monetary claims when filing a claim and at the stage of consideration of the case, when it is extremely difficult to thoroughly verify the validity of the calculation of the total amount of damage.

No more single window

The insured is not obliged to apply only to the office in which he executed the contract, but must indicate in all submitted documents information about previous applications (clause 22 of PP No. 58). This will allow the insurer to link together all the information for a particular applicant.

Cancellation of the "rule of a single unit" is due to the need to balance the interests of the insurer and the client. Now the victims will not experience "territorial" inconvenience, and insurers will not suffer from the crushing of claims and the associated penalties for delaying insurance compensation.

Auto lawyers were deprived of the right to redeem claims

A ban has been introduced on the transfer of rights to claim compensation for moral damage, harm to life and health, and the collection of penalties under an assignment agreement. The amount of compensation already assigned by the court can be transferred (clause 71 of PP No. 58).

We are not talking about the fact that the victim does not have the right to protection and a representative, the ban is aimed solely at preventing disproportionate compensation, when a “traffic lawyer” redeems the debt at the minimum price, and sue many times more, often resorting to illegal schemes.

The limit of payments under the Europrotocol will be increased

The payment limit under the Europrotocol will be increased from 50,000 to 10,000 rubles (except for Moscow, the Moscow Region, St. Petersburg and the Leningrad Region). According to the judge of the Supreme Court of the Russian Federation Viktor Mamotov, the relevant law was approved in the first reading at the end of December 2017. The reason for expanding the boundaries of the European protocol is the positive practice of previous years. Self-registration of an accident and the absence of claims against each other among the participants can significantly “unload” the courts.

Other clarifications of the plenum and the full text of the document of the December Decree can be found on the website of the Supreme Court.

Attention: the new rules are already in force and applied by the courts when considering disputes on OSAGO. The XSUD Court Case Recording System helps to keep track of current practice, receive information on new OSAGO cases considered by the courts taking into account innovations, organize the joint work of specialists, lawyers and attorneys. You can now system, configure employee access to files and receive notifications of important events.