What the law says
If the Insurance Rules and the CASCO agreement do not specify the time for restoration work, the client can safely follow the following regulations:
- Civil Code of the Russian Federation
Article 314, paragraph 2 of the Civil Code states that if the deadline for repair work is not indicated anywhere, it must be completed within a reasonable time.
- Law on consumer protection
Establishes that the maximum period for completing work cannot exceed 45 days.
Maximum period
Of course, restoring a car after an accident is not an easy and labor-intensive task, but this does not mean that the car owner should patiently wait for the result for months, leaving the situation at the mercy of the service station.
Station workers can refer to any difficulties, but in such a situation, the law “On the Protection of Consumer Rights” takes the side of the injured driver, establishing a temporary restriction on work. According to this regulation, the maximum period during which work must be properly carried out should not exceed 45 days, even in complex cases.
But, as a rule, the maximum time allotted for recovery is prescribed in the Insurance Rules or in the terms of the CASCO agreement, and the insurer is obliged to ensure the fulfillment of its obligations.
From an official and unofficial dealer
By law, a car can be restored by both an official and an unofficial dealer. The right to choose may remain with the insurer, but the owner needs to be prepared for differences not only in the time of work, but also in their quality.
Cars under warranty are most often sent to official dealers. For such machines, the service center performs work as quickly as possible. This is greatly facilitated by the availability of the necessary parts in the dealer’s warehouse.
However, the prices of the official representative of the automaker are quite high, so cars that are not covered by warranty service are most often sent to the specialists of unofficial dealers. It is believed that with equal quality of work, an unofficial service will issue a much lower bill.
What does it depend on and who is responsible?
The timing of restoration repairs is regulated by the rules of operation of the insurance organization and is necessarily recorded in the insurance contract (Article 943 of the Civil Code of the Russian Federation).
Thus, according to the law, it is the insurance company with which the corresponding agreement has been concluded that is responsible for the timing of repairs under CASCO. The repair organization is obliged to strictly follow the established rules.
What factors does the parameter under consideration depend on, besides the current rules? Determination of deadlines is influenced by:
- the severity of the injuries received. To eliminate serious damage that requires a complete replacement of any components and assemblies, it takes more time than to carry out minor repairs. In addition, if the insured car was damaged by 75% or more, then the repair time may be delayed due to the insurance company, which will decide on the advisability of restoration work. In some situations, it is better to pay compensation for the “Total Loss” risk rather than restore the vehicle;
- individuality of damaged parts. Repair of a foreign car (especially high-end and luxury equipment) may take longer due to the lack of necessary parts in the organization, and delivery of units requires additional time;
- agreement between insurance and repair organizations. In most cases, companies work on the basis of an agreement, in which a separate clause stipulates the timing of repairs in the direction. If vehicles are sent to an organization with which there is no such agreement, then the deadlines may be delayed due to the fault of the repair organization;
- presence/absence of a queue for repairs. In large insurance companies with many obligations, the time frame for vehicle restoration may be delayed due to the large number of insured events. Quite often such situations arise, for example, after the first snow falls and ice forms.
Repair procedure and conditions
The sequence of actions to ensure timely repair of a car under CASCO provides the following order:
- submit a written application to the insurance organization, attaching the required documents, within the period established by the agreement;
- undergo an official examination of vehicle damage on the agreed day with the involvement of an expert provided by the insurer;
- upon the direction of the insurance company, provide the damaged car to the service center;
- the insurer and the repair company determine the price and period of work within 14 days, which the former informs the car owner about;
- The car service representative is obliged to inform the car owner about the completion of repair work;
- The owner of the vehicle accepts the restored car from the service center.
If any obvious deficiencies are identified, the car owner has the right to demand their elimination. If this requirement is ignored, the issue must be resolved in court.
When a referral is issued
The timing of issuing a referral for repair of a damaged vehicle is regulated by the insurance contract concluded with the companies.
In standard situations, to receive a referral for car repairs, you must:
- submit a written application to the auto insurer regarding the insured event;
- collect and submit to the company a set of documents that determine all the most important factors of the insured event;
- undergo an examination to determine damage.
The period established by the contract will be calculated from the moment of carrying out all the listed operations. On average, it takes a car insurer no more than 30 days to fulfill its obligations.
However, it should be noted that the calculation of this period will begin:
- from the moment of submitting documents, if the car is damaged as a result of any circumstances;
- from the moment of receiving a certificate of refusal/closure of a criminal case, if the vehicle was stolen.
The CASCO insurance contract may establish a list of insured events for which documents are not required, for example, repair of a windshield under CASCO. In this situation, the time frame for providing referrals for repairs may be reduced.
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Thus, in order to independently monitor compliance with the deadlines for repairs of the insured car, you must carefully read the concluded auto insurance contract.
What documents are needed
To receive a referral for repairs, you must provide a number of documents to the insurance company, which depends on the type of insured event.
In any situation you will need:
- a valid CASCO policy and a receipt for payment of the cost of the insurance policy;
- civil passport of the car owner;
- registration documents for the vehicle (PTS, STS);
- driver's license of the person driving the car at the time of the accident;
- diagnostic card confirming the serviceability of the insured vehicle.
If the damage is caused by a road accident, then additionally the following is provided:
- Certificate of participation in a road accident. The documents establish the fact of the accident, the parties involved and the damage received.
- Information about the incident. The document reflects data about the drivers and vehicles involved in the accident. The documents drawn up and the damage received are also indicated.
- Copies of the protocol and resolution on the administrative offense committed (provided if such documents were drawn up). These documents can be replaced by a notification of an accident (European protocol).
- Copies of documents confirming the refusal to initiate an administrative case (the document is provided if a protocol was not drawn up at the scene of the road accident).
If the damage to the car was caused by illegal actions of third parties (repair under CASCO without an accident), then the car insurer is provided with:
- Notification from the Department of Internal Affairs about the occurrence of an insurance situation.
- A certificate from the Department of Internal Affairs confirming the circumstances of the occurrence of the insured event and the presence of damage.
- Documents confirming the initiation or refusal to initiate a criminal case.
If the damage was received under other circumstances, then the following is provided:
- certificate from the Hydrometeorological Service (natural disaster);
- a certificate from the fire inspectorate and a fire report (fire);
- certificates from the relevant authorities (man-made accidents, pipeline accidents, etc.).
If the insurance contract provides for the possibility of repairs under CASCO without certificates, then in order to receive a referral for restoration repairs, only a standard set of documents is provided.
How long to wait for a repair order to be issued?
The procedure for issuing and the validity period of a referral for restoration repairs must be specified in the text of the insurance contract. And since each insurance company operates under its own rules, there are no fixed deadlines. Therefore, experts recommend clarifying all the nuances related to insured events before signing the agreement.
In order for the insurer to have a basis for issuing a referral, the motorist must comply with the following conditions:
- an insurance claim has been submitted;
- all necessary documents regarding the accident have been collected;
- The vehicle has been submitted to an expert for evaluation.
In this case, the period established by the agreement may be calculated from the later of the following dates:
- filing an application for compensation for damage;
- issuing a certificate informing about the refusal to initiate or close a criminal case.
As a rule, you have to wait up to a month for a referral to be issued. However, there are cases when insurers do not require the collection of documents. For example, when replacing a windshield. In such a situation, the period for issuing a referral may be much shorter.
Repair period according to comprehensive insurance
Since comprehensive insurance is voluntary insurance, the repair period under comprehensive insurance is not defined by law. The provisions of the Civil Code of the Russian Federation and the Law on Insurance indicate that the conditions for compensation for damage, including the timing of repairs under comprehensive insurance, must be determined by the insurance contract or insurance rules. There is a Regulation on the maintenance and repair of vehicles, approved in 1992 by Order of the Ministry of Industry. The data in this document can be used by car owners who have received a referral for repair work at the insurer’s service station, unless other terms are specified in the comprehensive insurance contract.
Maximum term
The regulations of the Ministry of Industry provide comments on the timing of repair work for domestically produced vehicles, indicating the maximum allowable time for restoration, which depends on the type of damage. Thus, engine repair should not exceed 2 days, body paint, taking into account the removal of old paintwork - no more than 15 days, actions related to tinsmithing and welding work - no more than 20 days. The longest period - 50 days - is given for complex tinsmithing and welding work with complete painting of the car.
Article 20 of the Consumer Rights Law states that the maximum period for troubleshooting should not exceed 45 days. If an additional agreement was concluded between the parties to the contract regarding the timing of car repair work, but the process is delayed due to the lack of necessary parts or other reasons, then this cannot serve as a basis for revising the originally established deadline and releasing the company from liability to its client .
From an official dealer
Repairs under comprehensive insurance from an official dealer usually do not exceed 30 days and, depending on the complexity of the damage received in an accident or other situation, can be reduced to 1-14 days. The client has the right to receive reports from the car service about the progress of work and the time spent on restoring certain parts.
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If, after completing all restoration work, the car owner finds unrepaired defects, the service station, in accordance with paragraph 2 of Article 314 of the Civil Code of the Russian Federation, is obliged to eliminate them within the next 7 days.
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From an unofficial dealer
Under the terms of some insurance contracts, repairs under comprehensive insurance may be carried out by unofficial dealers. Sometimes an organization issues a referral to an unofficial dealer, circumventing the terms of the contract. This decision may be motivated by the fact that the official dealer uses only original spare parts for repair work; sometimes they are not available and you have to waste time waiting for their delivery.
For the most part, informal situations do not arise. During their work, they can also use non-original parts, which will be economically beneficial for the insurer, because the cost of such parts is lower. Often in such situations, work is delayed, since such service stations do not have the proper technical equipment and highly qualified specialists. Despite this, the period cannot be longer than 45 days established by the consumer rights law.
If it's your fault
If the comprehensive insurance policy and insurance rules provide for the risk of damage to the car due to the fault of the car owner and repair work of damaged property in a car service can be used as compensation, then the work is carried out within the same time frame - no more than 45 days. If an accident due to the fault of the car owner is not an insured event under the contract, then he will be denied insurance payment and a referral to a service station, because the insurer will have no reason to fulfill his obligations.
When is it possible to repair a car under CASCO?
Insurance under the CASCO program does not take into account the culprit of the damage and allows you to eliminate the damage to the policyholder’s car. You bought insurance, and the insurance company will compensate for exactly the damage that you suffered. In this case, you yourself can choose the method of compensation - money or repair services.
The main thing is to indicate the option you choose in the insurance contract when concluding the agreement. Cash payment or referral for restoration repairs will be mandatory if representatives of the insurer confirm the occurrence of the insured event specified in the text of the contract.
Typically, most CASCO programs involve compensation for damage to the policyholder resulting from a number of situations:
- collisions with other vehicles (accidents);
- car theft or theft of individual parts, components and assemblies;
- damage due to natural disasters and disasters;
- collisions or damage by foreign objects (fallen tree, stone, icicles, collision with obstacles);
- damage by animals;
- fire or explosion.
All of the above and some other insured events must be covered by monetary compensation under CASCO or referral for restoration repairs at the expense of the insurance company. The choice of the type of compensation and the mechanism for restoration repairs are specified in detail in the text of the contract, which should be read carefully to avoid unpleasant surprises.
If you choose insurance compensation in the form of restoration repairs, you will have to choose the option of cooperation with the insurer. You can buy a CASCO policy, under which the insurance company undertakes to completely restore your car in full, or choose insurance under a franchise (you carry out minor repairs yourself within the agreed amount of money, and major damages are the work of the insurer).
Where to make repairs
If it is not intended to pay compensation in money, but a referral for repairs is issued, then, as a rule, it is carried out at a station with which the insurance company has an agreement. At the same time, the policyholder in the application for compensation for the loss can indicate the institution where he intends to carry out restoration. Also, this point is stipulated at the stage of concluding the contract, which the car owner must provide for, and the representative of the insurance company must clarify. There is also the option of restoration at a service center that services the car under warranty.
By franchise
When using a franchise in a contract, the driver must understand that he will have to pay some amount himself. If the other driver is at fault in the accident, you can receive compensation under the deductible from his company. Payment under CASCO and OSAGO from different companies for the same case is illegal.
Warranty car
A car that is under warranty, which is a new car, in accordance with the Resolution of the Presidium of the Supreme Court on the review of cases related to voluntary insurance, must be repaired by an official dealer.
The reason for this is the fact that if this requirement is not met, the warranty will be canceled and during subsequent repairs the owner will be forced to restore the car at his own expense. Important! If there is no service station within reach, the victim can demand compensation to restore the car at a price corresponding to the cost of the work at the dealer.
Order and nuances
In order to receive a referral to repair a damaged car in a timely manner, and not receive a refusal of insurance payment, you must:
- notify the car insurer of the occurrence of an insured event as soon as possible. Additionally, it is recommended to clarify the list of documents required for registration;
- do not miss deadlines for submitting applications and documents to the insurance company. Missing deadlines is often the reason for refusal to pay insurance compensation. The period allotted for submitting documents is also regulated by the CASCO car insurance contract;
- provide vehicles for the examination. Without the result of the inspection, it is not possible to receive a referral for repairs;
- if the insurance contract provides for a deductible, then compare the cost of repairs and the amount of the established non-payable amount.
- Repairs under CASCO franchise are paid only if a large sum of money is required to restore the vehicle;
- provide vehicles for repairs to the appropriate organization.
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Within 2 weeks, service stations are required to determine the cost of repairs and agree on the list of work with the insurance company. The policyholder must be notified of the commencement of work.
After the restoration of the vehicle is completed, an act is drawn up that regulates the transfer of the repaired vehicle to the owner.
If the repair is carried out efficiently and the car owner has no complaints about the car service, then the report is signed by both parties. Otherwise, you do not need to sign the document.
A claim regarding the quality of repairs is sent to the insurance organization, which is obliged to eliminate all identified deficiencies. If the auto insurer refuses, you can defend your rights in court.
Procedure for a car owner in the event of an insured event
Briefly, the algorithm of actions in the event of an insured event is as follows:
- The car owner notifies the insurance company of the occurrence of an insured event in writing.
- Provides the car for inspection by insurance company specialists.
- An examination of the damage is being carried out.
- Receives a referral from the insurance company to carry out repair work.
- Delivers the vehicle to a vehicle service station (STS) for repair. After this, the timing and cost of repair work are agreed upon within 2 weeks.
- The service repairs the car within the prescribed time frame.
- The car owner picks up the car and signs a certificate of completion of work.
CASCO insurance does not involve identifying those at fault in order to receive compensation, since in this case property is insured, not liability (as with compulsory motor liability insurance).
That is, there is no need to prove who is to blame for a car accident and it does not matter. Supporting documents from the traffic police about an accident are needed only if this is provided for in the insurance contract.
In some cases, recording an accident from the traffic police is not required . For example, if we are talking about damage to car mirrors or antennas, broken glass or headlights, damage to the integrity of the paintwork, etc.
The car owner can also receive monetary compensation for the cost of repairs instead of the services received and organize it himself . In this case, after the repair is completed, the car must be sent for inspection to the insurer so that he can be convinced that the funds for the insurance compensation are being spent on purpose.
Which option to choose—applying for compensation to an insurance company or to a partner service station—must be decided individually in each case. Thus, benefits from monetary compensation can be achieved if the repair work is carried out by the car owner himself, or if he plans to save on original parts and replace them with analogues.
At the same time, in the process of calculating the cost of compensation, the cost of repair work is usually determined in the minimum version. Therefore, the amount of money payable under CASCO will be lower than the actual cost of work performed at the partner service station.
Violation of deadlines and penalties
If repair work is delayed and the insurance company does not explain the reasons for the delay, then the policyholder has the right:
- pick up and repair a car at another organization;
- file a claim in court for reimbursement of expenses incurred for repairs.
With the amount spent on repairs, the owner of the car has the right to recover a penalty from the insurance company for delaying the fulfillment of obligations.
The amount of penalties, as a rule, is established by the insurance contract based on a certain percentage for each delay in delay.
However, before implementing the described scheme, it is necessary to follow the pre-trial procedure for resolving the dispute. The pre-trial procedure involves filing a written complaint with the head of the insurance company.
The document must indicate all aspects of the current situation. All documents about the occurrence of the insured event and the actions taken are also attached to the claim.
Most disagreements with insurance organizations are resolved during pre-trial proceedings.
Delivery time for spare parts
The most significant reason for repair delays is the lack of replacement parts.
On average, spare parts are delivered:
Within 7 – 14 days | if the required units are ordered from companies located in the Russian Federation |
Within 15 – 30 days | if the necessary spare parts are delivered from another country |
However, delivery situations may vary. For example, this unit is out of stock and an additional order of the item is required from the official manufacturer of the vehicle, or problems have arisen with the transport company from which delivery was ordered.
If a delay in repair work occurs due to the lack of spare units, the repair organization is obliged to notify the insurance company and the policyholder in writing of the reason.
The policyholder, by prior agreement with the auto insurer, has the right:
- replace the repair company;
- replace the method of receiving compensation with monetary compensation.
So, the deadlines for repairing motor vehicles under CASCO are regulated by law (maximum period) and the rules of work of the auto insurer.
To avoid delays in repairs, the policyholder must clearly state the deadlines for completing the work in the insurance contract and independently control the repair process.
The procedure for making payments according to the terms of compensation for damage
The deadline for these payments, established by law, must be made within 15 days according to the working calendar.
Compensation payment for an insured event, with the transfer of funds or replacement of property with a similar one, including possible repairs, in the amount of insurance compensation for risks, documented by the insured.
If repair work is scheduled for the vehicle and (if discussed) installed technical equipment at the expense of the insurer in the amount of insurance compensation, the time for repair work cannot be more than 45 days according to the working calendar (unless there are separate agreements for repairs).
Additional questions
What to do if the recovery period is really prolonged
If the insurer is in no hurry to respond to the submitted application, the person submitting it can safely write a complaint, guided by the above regulations.
The first stage of conflict resolution may be pre-trial proceedings. The policyholder contacts the insurance organization with a written complaint. It must indicate when the application was submitted. Relevant documents must be attached to it.
As a rule, the insurer resolves the issue and pays the victim a penalty specified in advance in the CASCO policy. If the company refuses to resolve the conflict, the policyholder must pick up the vehicle and file a lawsuit against the insurer or repair organization.
Article 430 of the Civil Code of the Russian Federation states that liability under an agreement concluded in favor of third parties accrues to both the creditor and the debtor. That is, if a service station believes that it does not bear any responsibility to the policyholder, then this is not true. The policyholder has the right to control the elimination of breakdowns and find out the reasons for the delay in repairs.
As compensation, according to a court decision, the policyholder is entitled to:
- payment for repair services (if the policyholder carried out repairs at his own expense);
- payment of penalties;
- in some cases - moral compensation.
How to protect yourself from possible problems with deadlines
Some conflicts with lengthy car repairs can be avoided if:
- immediately after the occurrence of an insured event, write a statement about this to the insurance company. This will help avoid claims. The deadline for filing is established by the Insurance Rules (maximum period - 3-5 days);
- try to indicate exact deadlines in order to be able to refer to them (if they are not specified in the Insurance Rules);
- Constantly monitor the situation, and in case of violations, contact the Investigative Committee or Service Station.
How to accept a car after repair
In order for the car to be accepted correctly, you should take care in advance about its correct delivery. To do this, the car owner must be present when the car is put into operation. The vehicle inspection must also be carried out in his presence and in good lighting conditions. Attention should also be paid to small scratches and dents.
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A document that is confirmation of successfully completed work or fulfillment of obligations on the part of the insurance company is called an acceptance certificate. Its signing by the owner of the car means that there are no claims and that the work was done efficiently. Acceptance is made within 1 – 3 days.
The act itself should contain the following information:
- List of damages ordered to be repaired by the Investigative Committee
- List of parts that needed to be replaced
- Defects that were not part of the service station’s task to eliminate
- Hidden defects
- Description of the complete set
- Notes with comments from the car owner or wishes for services performed
The owner receives other documents:
- act on actually performed actions
- original work order
- a receipt confirming payment for work by the owner of the vehicle
- payment slip from SK
- invoices confirming payment for workshop parts
- warranty from auto repair shop
It is important to understand that you should sign any papers only after you have the desired result for the services provided. If work is identified that was done without the consent of the owner, he has the right to file a complaint with the service station and demand compensation. You can also go to court with it.
Poor quality repairs - what to do
Poor quality of repairs or incomplete implementation reduces the value of a car that has already suffered damage. This often happens during straightening, painting, or installation of new structural parts.
In such a situation, you can do the following:
- contact the workshop with a request to redo the work
- in case of refusal, contact the Investigative Committee
- go to court, RSA, Central Bank, Society for the Protection of Consumer Rights
Important
Requests, claims, and complaints are made in writing and sent in person or by registered mail. You must leave one option to confirm your request. It is signed by a representative of the organization. Going to court is relevant if low-quality parts were used, and as a result the car slows down, moves poorly, has scratches on the body, or poorly done work on the interior.
How to get money instead of repairs
Determining which is better: money or repairs is easier in case of an insured event and depending on the characteristics of the damage received. If the damage is insignificant, then it is better to choose money. To receive them, your requirements must be indicated in the application for compensation. According to the terms of some agreements, payment of money may not be provided. In this case, you can write about your claim, but whether it is approved or not will depend on the decision of the insurer.
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Some companies offer more favorable offers on policies, providing the opportunity to have repairs done at a service station with which they have an agreement. The ideal solution would be to provide an alternative where the client has a choice in determining the choice between repairs and money for them.
There is a document on this issue - Resolution of the Plenum of the Supreme Court of the Russian Federation No. 20 dated June 27, 2013. according to which the victim, under such circumstances, can entrust the repair of the car to other people (third parties) or to do it himself, and then claim the required amount within the limits of insurance coverage for the restoration of the car.
Repair will be advisable in the following situations:
- The car is under warranty and will be restored in the center from an official dealer.
- The contract states payment of money taking into account wear and tear.
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Money is preferable in the following cases:
- The car is running, the damage is not significant.
- There are misunderstandings, conflicts, unpaid bills between the insurance company and the service station, and there is no agreement on the list of necessary works.
Thus, the repair of a vehicle under CASCO depends on the specifics of the case and the Rules, the organization of the activities of a particular insurance company. The owner should learn about how payment or restoration of the car can be made at the stage of drawing up the contract. The reason is possible situations that do not imply the presence of choice. When trusting an insurance company, one should not forget about vigilance, since how quickly, correctly, and efficiently the insurer’s obligations will be fulfilled depends on the condition and market value of the vehicle.
What to do if refused
If a refusal is received, such a decision must be handed over in writing. The next step is to contact an expert organization. She must be certified. Based on the refusal and expert opinion, you can go to court. He can help you get compensation or payment for repairs, money for a lawyer, or moral damages.
Why can they refuse?
There may be a refusal to apply for restoration. The most common reasons for this are the following:
- The insurer did not transfer money for repairs or did not transfer the entire amount.
- The service station received a vehicle that did not comply with its documentation.
- The CASCO agreement is expired.
- There are no necessary spare parts or technicians.
- The scope of work has not been agreed upon between the service station and the insurer.
- Intentional actions of the owner in relation to damage to the car.
- The driver is not included in the policy.
- The insured event corresponds to the list of exceptions according to the Rules of the Insurance Company (the driver was not sober, the car was faulty, which led to an accident).
If they require additional payment
A very common situation is when, upon arriving at a car service center, you are told that the insurance money transferred is not enough to completely restore the car, and they ask:
- or pay extra from your own pocket,
- either they will supply you with used spare parts or leave some elements unrepaired.
This is illegal in 2021! According to the MTPL law, the insurance company is obliged to fully compensate for the damage without any additional payments. Unlike payment in money, when damage is calculated taking into account the wear and tear of the car, when issuing a referral for repairs, wear and tear is not taken into account.
The lack of transferred money is not your problem. But it’s not a car service problem either. This is the insurance company's problem. In this case, provide the car to the service station under video recording, record the refusal to accept the car, specifying the grounds for refusal. Next, contact your insurance company and notify them about this.
When you tried to provide the car, you formally began a period of 30 days for repairs. Because the Federal Law on Compulsory Motor Liability Insurance clearly states the beginning of this period:
... the period for carrying out restorative repairs of the damaged vehicle (but not more than 30 working days from the date the victim presented such a vehicle to a service station or transferred such a vehicle to the insurer to organize its transportation to the place of restorative repairs);
If you are asked to sign an additional agreement
You don't need to sign anything. An additional agreement will most likely imply unfavorable conditions for you - the same replacement of new parts with used ones, additional payments, etc.
Remember that the legislation of 2021 does not require any documents from you when handing over your car to a service station under compulsory motor liability insurance.