What not to do to get paid
If you decide to receive an insurance payment, know that there are a number of points that should not be allowed under any circumstances.
The most important thing is that under no circumstances change the procedure established by law, otherwise problems may arise. In some cases, a car enthusiast urgently needs a car to drive. There are people who say that you don’t have to wait for an insurance inspection, but simply provide a photo or video of the car after an accident and calmly send it for repairs. After completion of the repair work, you must pick up the relevant documents confirming this fact. They are necessary in order to then transfer them to the insurer who is dealing with this case.
It would seem that everything is fine here, but there are also pitfalls.
Based on these materials, the insurance company can significantly reduce payments or refuse them altogether, declaring a violation of the rules. Therefore, it is better not to do this.
Be careful, do not let everything take its course, since the inspector who will consider this case works for the insurer, which means he will most likely be on his side. Don't trust him.
It is better not to send the car for repairs before the examination, and even after it, because sometimes you have to do a second independent examination, and with a repaired car it will become much more difficult to prove or disprove something.
Features of conducting an independent examination
At present, an independent examination initiated by the driver is impossible . The insurer independently selects an expert organization, based on the results of which it will carry out the appropriate calculation.
The vehicle owner can inspect the vehicle with his own specialist only when the company fails to complete this work within five days. In fact, such a process can be carried out at any time, but its results will not be taken into account by the insurer.
Attention! If the company calculates a smaller amount than the independent examination of the driver, then another examination is not worth carrying out.
It is required only when controversial issues arise regarding the list of damages and their extent.
In most cases, an examination initiated by the driver is carried out after insurers have paid a small amount . In this case, the opinion of an independent expert may become the basis for pre-trial and trial proceedings. In other situations, there is simply no direct subject of dispute.
The insurance company paid little under the MTPL policy
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An accident occurred, and then the insurance agent conducted an investigation, and you were paid little under compulsory motor liability insurance.
There is no need to be upset, this happens all the time. No one, on their own initiative, wants to lose profits, so insurance companies use various tricks to reduce insurance payments and, as a result, remain in the black. To achieve this, they not only use legal methods, but also resort to various tricks. You just need to be alert and not miss this moment. It is imperative to act and defend your interests.
How to calculate the payment due in case of an accident
The amount of payment under compulsory motor liability insurance provided for by law reaches up to 400,000 rubles.
Depending on the degree of damage caused to the participants in the accident and their personal property, the insurance payment is:
- 160,000 rubles per injured person;
- 240,000 rubles if there were more than two people injured;
- 160,000 rubles if damage was caused to property belonging to several participants in the accident;
- 120,000 rubles when one person’s property was damaged.
The total amount of compensation already includes the amount for depreciation of parts. The percentage of this amount depends on the year of manufacture of the car, and mileage is also taken into account. The older the vehicle, the greater its mileage, and, naturally, the percentage of wear and tear on parts will be higher.
Often, the insurance company's expert appraiser significantly underestimates the amount of payments to cover the cost of restoring the car. To really determine the actual assessment of property damage, it is worth using the services of another company that will provide its own independent expert.
How to find out if the insurance company has underestimated the amount
After receiving insurance, you noticed that payments were underestimated, therefore, you were not paid enough under compulsory motor liability insurance. To make sure of this, there are several indicators that you should pay attention to. Let's look at them:
- The insurance calculated by the service center employees or an independent expert is greater than the amount that the insurance company paid you.
- The agent indicated those damages to the vehicle that were not the cause of the accident.
- Not all confirmations are included in the insurance.
You can only determine how much less insurance agents paid with the help of a special examination, which you need to conduct yourself.
How to determine underpayment
To determine underpayment by the insurance company, it is necessary to conduct an independent examination. Appraisers will determine the condition of the car and tell you how much the company should pay.
It is imperative to contact experts if the report does not indicate all the damage in the accident.
Notify the insurance company of the place and time when the examination will take place. The cost of the assessment can be recovered from the company in the future through court.
Reasons for low payout
In addition to the fact that you can be unjustifiably deceived, there are also completely legitimate cases of reducing the amount of the payment. This is possible in the following situations:
- The calculations may not include the cost of paint coatings when the total part of the surface to be coated exceeds 25% of the total area of the vehicle or they have undergone through corrosion.
- The products that need to be replaced have long been worn out. This is a fairly common reason, and it is also why disputes often arise. In 2014, the floor on the cost of replacement parts was lowered to 50 percent of the cost of the material in new condition.
- Insurers did not include the following item – loss of the previous price of the car. Although by law it must be paid. Often, to achieve justice, you have to go to court.
So, having assessed the situation when you received insurance, you saw that the insurance company paid little under compulsory motor liability insurance, and you categorically disagree with this. Then all that remains is to submit a package of documents to the court, and let them sort it out. But first, we should consider the chronology of events - where to start.
Procedure for payment of insurance compensation
According to the law of the Russian Federation on the protection of civil liability, consideration of a risk case and further compensation for damage by the insurance company must occur in the following established order:
- The insurance owner collects a minimum package of documents regarding the accident that occurred, which clearly describes the circumstances of the tragedy, the number and condition of the victims, and the quality of the damaged cars. The prepared papers (and the contract attached to them) are sent for examination;
- Within 14 days, the application from the injured client is considered by the company’s specialists, and only after a thorough study of all materials is a final verdict on compensation payment made;
- If there are no grounds for refusing compensation for damage, the organization is obliged to pay the citizen the amount of money specified in the policy, or part of it, if the cost of repairing the vehicle is less than 120 thousand rubles;
- If the agreed recovery is not transferred to the car owner within one month (in cash or using bank details), then every subsequent day the company undertakes to pay an additional penalty in the amount established by current legislation.
This is exactly how the standard procedure for compensation of damages is carried out in all insurance companies, Tinkoff, Rosgosstrakh, etc.). What to do if you do not agree with the insurance payment under MTPL and where to file such a claim, we will find out below.
Procedure
If you want to win your case in court and get the money you rightfully own, carefully study each step.
Insurance claim report
Before starting the court hearing, you should collect a report from the expert, where he makes an assessment and calculation of the funds that will be needed for the upcoming repairs.
Then write a statement to the insurance agent so that he will give you all the necessary materials. He is simply obliged to give them to you, according to clause 71 of the OSAGO Rules. As soon as you receive them, you must carefully check the act for the accuracy of the facts reflected there.
If the amount indicated in the act is approximately the same as what needs to be spent on repairs, it means that the low payment amount was formed as a result of calculating damage with wear and tear of the material, and this should not be the case. True, further actions are unlikely to give a positive result.
Quite often insurers do the following:
- indicate fewer hours to repair your car;
- do not include certain types of work performed;
- reduce the price of parts that will be used for further car repairs;
- do not include their cost.
If your car is completely beyond repair, insurers can inflate the price of parts by 2-3 times. This will also result in lower payouts.
Independent examination
If the report indicates all parts of the car that have undergone transformation, it is necessary to resort to a second independent examination. This should be done so that the specialist conducts a second inspection, prepares his own report and calculates the amount that will be spent on restoring the car.
An independent expert can also tell you the amount of loss of marketable value if your car is not yet 5 years old. And you can add this data to the application that you submit to the court.
When you carry out the second examination (of course, if the vehicle has not yet been restored), you should tell the insurers about this, namely, notify them of the time, date and place where the second examination will take place.
Be careful not to throw away any of the receipts for this case, as later during the trial you can attach them to the case and recover from the insurance office the amounts for each of the attached checks.
Pre-trial claim
Sample claims to the insurance company at the bottom of the page.
If a disagreement arises between the motorist and the insurance company, you must go to court, but before that you must file a pre-trial claim. In order for the court to accept it and avoid any problems, you need to take into account several basic rules when drawing up a claim.
The most important thing is to know what needs to be indicated and what not. The claim includes the following information:
- information concerning both the applicant and the insurance company;
- all data on the case with a full description of the action;
- bank account to which future payments will be made.
When filing a claim, you should duplicate it, since you will give one option to the insurance office, and the second will remain with you. Make sure that your version has a mark indicating that the claim has been accepted.
You can submit it in two ways - in person or by mail. If you are afraid that the insurer will refuse to accept the claim, send a registered letter with notification to his address. This fact will serve as evidence during the trial that the insurance agent did not want to cooperate with you and did not make contact.
The insurance company must review the claim within 5 days of receipt. If at the end of this period you receive a negative answer or you do not receive one at all, you can legally continue to go to court. If the insurer refuses your demands specified in the pre-trial claim, or simply ignores them, he will subsequently be fined 50% of the total amount specified in the lawsuit.
Complaint to RSA and FSSN
You can also prepare complaints to other authorities, such as the Union of Auto Insurers and the Federal Insurance Supervision Service.
On the official website of the RSA you can find a form for filing a complaint and download it. You can also call the toll-free line and leave your complaint that way. Or find out if there is a representative of this organization in your city and leave a complaint in person. Well, as a last resort, you can write a letter to the head office of the RSA at the address: Moscow, Lyusinovskaya street, building 27, building 3.
Don't worry or be embarrassed, because this is a completely normal step. This type of complaint has long been practiced in other countries.
It should be borne in mind that the FSSN only monitors and monitors the work of insurance offices. It does not resolve controversial situations regarding the amount of insurance payment. Therefore, there is no guarantee that this will help, but know that the work of insurance agents and the company itself will be reviewed and verified in detail.
How to calculate the amount to file a claim in court?
When submitting a statement of claim to the court, indicate in it the amount you expect to receive from the insurance company. To do this you need to know what is included:
- costs for restoration repairs, in this case based on the results of your examination;
- the cost of the independent examination itself;
- all postage costs.
True, this amount will not include funds already transferred from the insurance company. You can also reflect here the amount of moral damage that you have the right to demand from the insurance company.
As mentioned above, the insurance company will also have to pay a 50% fine for refusing to resolve the dispute voluntarily and make the payment you require.
Necessary documents for the court
While you are waiting for a response to your pre-trial claim, do not forget to collect the necessary package of documents so that you can later submit it to the court. This package includes:
- Documents for the vehicle.
- Copies from the traffic police.
- Act on the occurrence of an insured event.
- Vehicle inspection report.
- Damage assessment report.
- Statement of claim along with calculation data on separate sheets.
This must be done in advance so as not to waste either your time or the court’s time on this later.
What should you consider when filing a claim?
If you do not want to deal with this matter yourself or do not believe in your abilities, contact a lawyer. Most often, in a dispute over an insurance payment, the court satisfies the claims of the client of the insurance company in full. Usually this drags on for several months, but the client does not lose anything at all, since everything is paid by the insurance company, including legal costs.
The court may also order another forensic examination. Just one meeting is a rare occurrence, so you will have to leave work often to attend meetings. At the end of the trial, the writ of execution must be given to the bailiffs or to the bank where the debtor’s account is registered.
Now you know what to do if you haven’t paid enough under compulsory motor liability insurance, what measures to take, what documents to collect and where to go to assert your legal rights to payments for an insured event. Don’t get confused and, if necessary, go to court, because, as practice shows, in most cases it takes the applicant’s side.
Catalog of insurance companies in Russia
By following the link , you can familiarize yourself with the catalog of insurance companies in the Russian Federation offering compulsory motor vehicle insurance services. Description of organizations, current financial indicators, ratings, reviews and other information. If you have already had a positive or negative experience with compulsory motor liability insurance of any insurance company, leave your feedback. Thank you!
Link again. Also, be sure to write your comment below. What do you think about the topic of this material? Or maybe you have questions? Ask!
