Assignment agreement under compulsory motor liability insurance: what kind of document is it, when is it concluded, what information is needed, how termination occurs, as well as a sample agreement

What is an assignment agreement

Not everyone knows what a cess is and how to use it. In short, this is a document by which the insured person agrees to give up his rights to receive payments under the insurance contract. All details of this kind of “power of attorney” are regulated by Art. 382 of the Civil Code of the Russian Federation. This agreement provides compensation solely for damage caused to the vehicle. No compensation is paid for personal injury.

In what cases is it needed in case of an accident?

The assignment of rights agreement has its advantages. First of all, it is much easier than arguing with an insurer, going to court and proving your case there. There are situations in which, after an accident, the best option would be to draw up an assignment agreement:

A car enthusiast urgently needs money to restore his car and does not have time to argue with the insurer.
There is a risk of litigation, and the insured person has no desire to participate in litigation and claims.
The insurer is declared bankrupt or has lost its license and is therefore unable to fulfill its obligations.

Advice! Thus, the car enthusiast can save a significant amount of time and money. If the third party is a conscientious organization, and not a fraudulent structure, then the car after an accident will be repaired much faster and without nervous breakdowns.

In what cases is

It is recommended to conclude an assignment agreement when the following situations occur:

The insurance company, for any reason, refuses to pay compensation to the policyholder for damage caused. Officially, you can obtain a waiver from a car insurer only in cases provided for by current legislation (Article 6 of the Law “On Compulsory Motor Liability Insurance”). If the circumstances of the accident do not correspond to the situations listed in the law, then the refusal of insurance payment is not legal;
the right to receive insurance payment must be proven in court, which requires a certain amount of free time. In addition, the opportunity to file a claim arises for the injured party only after sending a written claim to the insurance company (that is, it is mandatory to comply with the pre-trial procedure for resolving conflicts. Article 16.1);
the insurance company deliberately delays the time allotted for payment of insurance compensation. According to the current law “On Compulsory Motor Liability Insurance”, 20 days are allotted to the insurer for consideration of the insured event and payment of compensation, which is calculated from the moment of submission of all necessary documents (Article 12). However, many “unscrupulous” insurers delay payment terms for various reasons for an indefinite period of time;
the insurance organization with which the contract for compulsory motor insurance was concluded went bankrupt or lost its license. In this situation, compensation can only be obtained through the Union of Automobile Insurers (URA).

Contacting the RSA, waiting for a response and receiving funds may require a long period of time, which is not convenient for persons whose field of activity is related to motor transport and cars are required daily.

The transaction of transferring obligations to a third party under compulsory insurance is concluded in cases where the policyholder has disputes with the insurer. For example, a cession agreement under compulsory motor liability insurance is concluded if little has been paid out on insurance. There are also other cases when this transaction can be concluded:

Payment was refused.
The insurer is delaying the process.
It is necessary to prove the right to payment through the court.
Insurer bankruptcy.

However, in the cases described above, it is profitable to sell the right to receive compensation, since the specialists of such companies collect all the necessary documents and pay the costs of the trial. In addition, this agreement is concluded legally, in accordance with the Civil Code of the Russian Federation, Chapter 24, and the clients of these companies receive benefits, in addition to guaranteed compensation, such as:

the trial takes place without the participation of the policyholder;
opportunity to save money;
car repairs are carried out under the control of these companies;
saving nerves and time.

Despite this, the policyholder should take the choice of such organizations seriously, since among them there are also unprofessionals, or, even worse, scammers. Therefore, one should not trust companies that promise payment of compensation on the day of application, since a trial with the insurance organization and It will take some time to receive funds from her.

schedule a preliminary inspection of damage to the vehicle, which usually occurs within at least one working day, since in addition to external damage that can be identified visually, the vehicle may also have hidden damage;
analyze the data received from the policyholder, also spending several hours, since this is painstaking work that requires special knowledge and skills;
calculate and determine the amount of damage, as well as the possibility of recovering monetary compensation from the insurance company in one’s favor through legal proceedings, after which transferring it to the insured.

Also, companies that promise to pay 100% compensation are either deceivers or use such advertising ploys, since they receive compensation only in 70-90% of the insurer's payment, the rest, as a rule, goes to the income of the organization that bought the right to insurance payments.

Debt sale options

If a problem arises with receiving payments from the insurance company, the car owner can give away the right to his debt. To do this, you should choose an organization that deals with such transactions at a professional level. There are two legal ways to receive compensation:

Sell the debt completely. The parties to the assignment agreement can be both individuals and legal entities.
An interest representation agreement issued for an organization. Such a power of attorney gives the company the right to protect the injured party. The name of this procedure is fictitious ransom.

Attention! At the same time, they resort to drawing up an assignment agreement more often. This is an opportunity to receive up to 30% of the compensation due to the car owner in the shortest possible time.

Payment agreement without examination

We also wrote a detailed article about this.
The idea is that they tell you something like: “Do you want to take the money?” If yes, then we will give the money now, just sign that you have no complaints and do not insist on an examination and we will give the money!

Remember, if the insurance company was unable to organize proper repairs, then they must pay the money in any case and without any additional agreements. Initially, this agreement was incorporated into the law to enable victims to receive compensation in money; with its help, insurers underestimate payments and try to protect themselves from further disputes over the amount of compensation and independent examinations.

Benefits for the car enthusiast

Subject to the basic rules

When transferring rights to insurance payments, the driver has a huge number of advantages: the car is repaired quickly and there is no need to argue with the insurance company. It is important to note that there is no need to participate in either judicial or preliminary proceedings. Often, after an accident, car owners find themselves in life situations where money is needed as quickly as possible, and the company either declares itself bankrupt or does not want to pay the promised compensation. It is also beneficial for the car owner to resell the debt if the amount of payments is significantly underestimated.

It is important to know! According to the law, such a contract can be drawn up without any consent from the insurance company. But it is necessary to notify her - in writing.

Good to know

Drivers often ask what to do if the restoration work is of poor quality. Here you need to file a claim with the insurance company. If you do not receive quality repairs, resolve the problem through the courts. Drivers can also receive monetary compensation in exchange for repairs at the CTO, but only in certain cases, namely:

the car cannot be repaired at a service center;
the victim died, and the relatives do not expect further repairs to the car;
when both drivers of an accident are at fault;
the victim has a degree of disability with a specialized car;
payments under compulsory motor liability insurance are not enough for full recovery;
when causing harm to health and the victim chooses a method of payment in money;
The Central Bank prohibited sending cars for repairs;
by mutual agreement of two parties, i.e. the car owner and the insurance company;
IC does not have the opportunity to send a new car to an official dealership.

Many people try to change their windows using OSAGO. If they were damaged directly during an accident and this is proven, then the glass will be replaced in the workshop. In another case, when it is damaged by a stone or was cracked before getting into an accident, the service station will not replace the part for you.

What is needed to draw up a contract

First of all, you need to choose a company with which you can enter into such an agreement. The document on the assignment of rights to insurance payments requires state registration. It must also indicate that there is a transfer of rights to receive compensation for the purpose of compensation for damage. Otherwise, payments will be subject to taxation.

It is also necessary that the car owner has a valid MTPL policy in hand, and the accident itself must be documented in accordance with all rules and laws.

Documentation

To fully conclude a contract, it is important to collect all the necessary documents. Ideally, you will need not only the original, but also copies. The package of mandatory documents for filing a recession includes the following:

certificate of accident;
protocol from the scene of the administrative offense;
expertise;
passport data of both parties to the accident;
the license of the driver who was driving the vehicle at the time of the accident;
vehicle registration certificate;
valid MTPL policy.

Based on these documents, an agreement is drawn up, and the car owner receives payments under it within 2-3 days.

Many problems, one phone

Money or repairs under MTPL. What is more profitable than an insurance company?
What is a CESSION agreement (agreement on the assignment of the right of claim) and why is it beneficial to the insurance company.
How should it be according to the LAW and how in REALITY?
How to get money from the culprit of an accident after payment under compulsory motor liability insurance.
ATTENTION: it is important to know about MTPL.

Money or repairs under MTPL. What is more profitable than an insurance company?

Money or repairs under MTPL. What is more profitable than an insurance company? — Money or repairs under MTPL. What is more profitable than an insurance company? First of all, I would like to note that an insurance company is a commercial organization. Accordingly, the lower the costs of paying insurance compensation in cash or repairs under compulsory motor liability insurance, the more income the company receives. The insurance company will not be happy with your call, since you will bring them losses. It is better to receive money for insurance and not pay anything than to pay fairly and within the time limits established by law. Taking advantage of your ignorance of the law on compulsory motor liability insurance, the insurance company will direct you along a path that is beneficial to it. According to the law on compulsory motor liability insurance, the insurance company is obliged to make an insurance payment in kind, that is, to send you for repairs. But, as it turns out in practice, repairs under compulsory motor liability insurance are not profitable for the insurance company itself. It would seem like a paradox, but it really is so.

Let's look at an example:

2012 SKODA OCTAVIA was damaged in an accident The cost of repairs without wear and tear (including new parts) is 220,000 rubles. Wear 50%. The cost of repairs, taking into account the wear and tear of spare parts, is 160,000 rubles. In accordance with the MTPL Law, in case of repairs, the insurance company is obliged to pay 220,000 rubles to the service station. If the insurance company pays money under compulsory motor liability insurance, then it is obliged to pay 160,000 rubles. An objective question arises - WHY does the insurance company pay 60,000 more at a service station for car repairs if the insurance company can pay the money under compulsory motor liability insurance? Repairs under compulsory motor liability insurance are obviously unprofitable for the insurance company.

According to the Law, the insurance company cannot pay money under compulsory motor liability insurance; it must carry out repairs, but there is a loophole. The insurance company may say that it does not have service stations that can repair the damaged vehicle.

What is a CESSION agreement (agreement on the assignment of the right of claim) and why is it beneficial to the insurance company.

Contract for the assignment of the right of claim, ASSESSMENT - Agreement for the assignment of the right of claim, ASSESSMENT

After an accident, you call the insurance company, report the insured event and ask where to go to submit documents. The insurance company reports that you don’t need to go to them, but to go to their “partners,” citing the fact that there are queues at the insurance company’s office, but the partners have no queues and have a service station where hidden defects will be examined, etc.

You are sent to the “partners” not to make you feel comfortable, but because the “partners” are not an insurance company and there you can do any actions directed against you with impunity.

“Partners”, having accepted your documents, will either veiled or in an ultimatum form force you to sign an Assignment (Agreement on Assignment of the Right of Claim).

What is an Assignment Agreement?

Contract for the assignment of the right of claim, ASSESSMENT - Agreement for the assignment of the right of claim, ASSESSMENT

According to the Assignment Agreement, you transfer to the “partners” the right to claim against the insurance company for your insured event, and in return they undertake to repair your car.

It seems like a good deal that takes the headache out of car repairs.

But there are nuances.

By concluding an Assignment agreement, you lose the right to apply for insurance compensation to the insurance company.

By concluding an Assignment agreement, you will receive “repairs” in the amount agreed upon by the insurance company without your participation.

By concluding an Assignment agreement, you can subsequently make any claims only to the service station.

What does this usually lead to? After concluding the Assignment agreement, the service station agrees on the scope of repairs with the insurance company. Then the service station master calls you and informs you that the money agreed upon by the insurance company is not enough and offers you to either pay extra out of your own pocket or use used parts of the lowest quality.

If you do not agree to pay extra or the used parts are of poor quality, then you are offered to receive money minus 20-30% of the amount paid to the insurance company, taking into account wear and tear.

Having concluded an Assignment agreement, you will not be able to repair your car, and you will not be able to present anything to anyone.

How should it be according to the LAW and how in REALITY?

According to the Federal Law on Compulsory Motor Liability Insurance No. 40, in order to receive insurance compensation, the following actions must be taken:

Money or repairs under MTPL - Money or repairs under MTPL
IN LAW: You need to write an application and submit the documents received from the traffic police or the completed Europrotocol at the office of the Insurance company (Clause 21, Article 12 of the Law on Compulsory Motor Liability Insurance). IN REAL: You call the Insurance Company, they offer you to submit documents not in their office as per the Law, but at the service station, which is a “partner”. CONSEQUENCES OF REALITY: The service station may impose on you the conclusion of an agreement for the assignment of rights of claim under compulsory motor liability insurance (assignment agreement) in favor of the service station. By signing this agreement, you lose the right to claim compensation (repairs, money) from the insurance company, which goes to the service station.
- This is beneficial for the insurance company, since now it can “forget” about you.

And regarding the quality of repairs, there is no one to turn to at all, since your right to carry out repairs has been transferred to the service station, which does it.
WHAT TO DO: Submit an application and documents only at the Insurance Company office. Do not enter into any agreements for remote settlement, assignment of rights of claim under compulsory motor liability insurance, neither with the commissioners who go to the accident, nor with the service station to which you are sent, nor with the Insurance Company.

Money or repairs under MTPL - Money or repairs under MTPL
IN LAW: After submitting the documents, the Insurance Company is obliged to inspect your car, determine the damage caused, agree with you on the scope of repairs and the date of repair, and within 20 calendar days issue a referral for repairs or pay monetary compensation. IN REAL: A representative of the Insurance company superficially examines your car and after a few days you are either offered a small payment (2-3 times less than the actual damage), or you receive an SMS stating that you have allegedly been given a referral for repairs with the address of the service station. CONSEQUENCES OF REALITY: If you agree to a reduced payment, there will not be enough money for independent repairs, even if you do the repairs in “garages”. If you have not received a referral for repairs in your hands, it means that the Insurance Company has not determined the full scope of repairs, has not agreed with you on the timing and cost of repairs, and it is not clear from when to start counting the 30 days during which, according to the Law, your car must be repaired. WHAT TO DO: Do not agree to a reduced payment and do not sign any additional agreements. Receive a referral for repairs from the Insurance Company office, request agreement on the scope of repairs and the date of repair.
Money or repairs under MTPL - Money or repairs under MTPL
BY LAW: After receiving a referral for repairs from the Insurance Company and determining the scope of repairs and repair deadlines, you put the car in for repair on the agreed day, and the service station is obliged to qualitatively repair your damaged car within 30 working days (clause 12-2, article 15 Law on OSAGO).
Demanding additional payments, using used parts and extending repair times is prohibited. IN REALITY: After receiving an SMS about a referral for repairs, you come to the service station. Now the service station specialists inspect your car and offer to wait for a call from them. At this time, the inspections and calculations made at the Insurance Company and at the service station are coordinated. As a rule, the inspection of the Insurance Company wins, which is cheaper because it is carried out superficially. The service station refuses to repair your car for this money, so they offer to PAY EXTRA for repairs or install used spare parts with an increase in repair period of more than 30 days. CONSEQUENCES OF REALITY: If you refuse to pay extra or use used spare parts, you will be sent back to the insurance company, which will send you to a second service station, then to a third, and so on. The point is still the same: they are trying to force you to either pay extra for repairs or use used parts. WHAT TO DO: Be sure to receive a document stating that you were at the service station (handover certificate or a mark on the direction). Carefully read all documents that you are asked to sign! Be sure to record the fact that they are demanding money from you (in writing or record a conversation with a service station employee). Also, conduct an independent examination in our organization. Its results and the above documents will help you (or us) negotiate with the Insurance Company in a reasoned and effective manner.
Money or repairs under MTPL - Money or repairs under MTPL
IN LAW: The insurance company is obliged to qualitatively repair the damaged car within 30 working days IN REAL: The service station rarely follows the repair technology established by the manufacturer. The quality of repairs leaves much to be desired. Body parts can be repaired instead of replaced. They may supply you with used parts instead of new ones. Some parts damaged in an accident may not be replaced or repaired at all. CONSEQUENCES OF REALITY: Poor quality repairs can lead to an emergency in the future, and when selling the car, it will significantly reduce its value. WHAT TO DO: Request an inspection of your car before painting in a chamber, at which point you will see what spare parts were actually supplied to you. Check with your independent expert which spare parts should be new and which ones should be repaired so that substitution does not occur. To hand over for repairs and accept them from repairs, engage specialists to control the quality of your car’s repairs.

BE SURE TO READ ON OUR WEBSITE: Taking your car in for repairs. Acceptance of a car from repair. Poor quality repairs. Examination of poor-quality repairs.

How to get money from the culprit of an accident after payment under compulsory motor liability insurance.

How to get money from the culprit of an accident after payment under compulsory motor liability insurance - How to get money from the culprit of an accident after payment under compulsory motor liability insurance

To eliminate the consequences of an accident, you have to spend your personal time, take time off from work to visit the traffic police, an insurance company, an examination, or a repair station. You have been knocked out of the normal rhythm of your life! And after overcoming all these obstacles, you are offered to pay extra for the repairs out of your own pocket or install used ones instead of new spare parts, provided that you have an MTPL policy, you have not violated traffic rules and are not the culprit of the accident.

The Plenum of the Constitutional Court of the Russian Federation on March 10, 2021 clarified that payment under compulsory motor liability insurance covers only part of the damage, and you can legally receive the missing money from the culprit of the accident.

Algori The culprit is obliged to compensate the difference between the insurance compensation and the actual amount of damage. Actual damage is either the actual paid repairs or the results of an independent examination. The results of your independent examination will help you determine the amount of additional money that you can receive from the person at fault in the accident. It’s up to you to decide: “To forgive or to receive legally?” If you forgive me, think: “What would the culprit do in your place?”

ATTENTION it is important to know about compulsory motor liability insurance.

ATTENTION: important to know about MTPL - ATTENTION: important to know about MTPL
Read also: New MTPL items. The responsibility of the culprit to notify his insurance company about the accident, otherwise recourse
Do not enter into any contracts at the scene of an accident (commissioners), at a service station (inc. partners), or with an insurance company.
Do not transfer your rights to compensation for damages under compulsory motor liability insurance to other organizations under the assignment agreement, do not agree to remote settlement (partners).

YOUR OBLIGATION UNDER OSAGO: write a statement at the office of the insurance company and present the damaged car for inspection. YOUR RIGHT: to receive full monetary compensation within 20 calendar days or high-quality car repairs within 30 working days in full and without additional payments (clause 66 of the Plenum of the Supreme Council No. 58 of December 26, 2017) when using only new spare parts (clause 15.1 Article 12 Law on Compulsory Motor Liability Insurance). As a rule, insurance companies try to significantly reduce the amount of payment in case of monetary compensation, and in case of compensation with repairs, repair for this reduced amount. Therefore, at the service station there is a proposal for an ADDITIONAL PAYMENT or the use of used spare parts with an increase in the repair period. WHAT TO DO? Conduct an independent examination before visiting the insurance company in our organization. It will always be your guarantee and protection in case of disputes with an insurance company or at a service station.

When paying in cash, you will know exactly how much the insurance company should pay you. And also how much more can you get additionally from the culprit of the accident.
When paying for repairs, you will know exactly how much the repair order should be for, and also know which spare parts are being replaced and which are being repaired.

IF the independent examination is done correctly and legally, the insurance company, as a rule, pays the same amount (if you receive a cash payment) or repairs your car without additional payments and used spare parts.

What to pay attention to when signing a contract

Care when reselling debt is very important. This is the only way to conclude an agreement without subsequent problems. To avoid a pitfall, you should pay attention to specific nuances:

you should not conclude an assignment document on the first day after the accident;
Only specialists should assess the damage;
it is impossible to conclude a document on the assignment of rights if the organization promises to restore the damage in full;
it is better to resort to the services of assignees after pre-trial proceedings with insurers;
The contract should be carefully studied before signing.

This is the only way to get money for car repairs quickly and without subsequent problems.

When to resort to an assignment agreement

An assignment agreement is an opportunity to step away from proceedings with the insurance company. The cases in which such a need arises are listed below:

There followed a refusal to pay. The insurer does not always use legal grounds for refusal. The list of cases that do not fit the insurance category is provided in Art. 6 Federal Law “On Compulsory Motor Liability Insurance”. In all other situations, the injured party is entitled to compensation for harm.
The fact of the existence of an insured event and the right to compensation must be proven in court. The trial is preceded by one more step - filing a complaint with the insurer.
Delaying deadlines. The law provides for a 20-day period for consideration of the application. But as practice shows, companies do not always fulfill their obligations in a timely manner. And money for repairs is needed quickly.
The company that issued the policy ceased to exist. She could have been deprived of her license/ declared bankrupt.

How to avoid falling for scammers

Many car owners fall for the bait of deceivers who promise mountains of gold under an assignment agreement. This is why unpleasant situations arise when the car owner is left without money and with lost time. Companies cannot be trusted if they offer at least one of the following conditions:

solve the problem in one day;
return from 70% to 100% of damages;
The assignee promises to pay not only damages for car repairs, but also damage to the health of victims of an accident.

If you fall for one of these tempting offers, you can easily become a victim of scammers and not receive any payments at all. Therefore, experts advise carefully reading the assignment document before signing.

Sometimes life situations force car owners to cede their rights to receive money for damage during an accident to authorized organizations. But in such cases, it is important that everything is carried out in accordance with current legislation. Otherwise, the car enthusiast can easily lose both money and time.

Procedure for receiving a referral

As soon as you are involved in an accident and you are guaranteed compensation under compulsory motor liability insurance, you must follow the following sequence of actions:

Collecting a package of documents required to contact the insurance company and receive compensation.
The company's appraiser conducts an inspection, and specialists decide how compensation will be carried out. In most situations, they choose to restore the car at CTO.
If your insurer offers several options, you can choose one of the approved service stations.
You are given directions. With it, the victim goes to the workshop and waits for repairs.
If the quality does not satisfy you or the maximum period for repairs under compulsory motor liability insurance has been exceeded, then file a claim or resolve the issue through the court.