How to correctly file a CASCO claim with an insurance company

CASCO allows a citizen to receive compensation for damage to a car in the event of an insured event. In case of total destruction of property, the amount may cover the full cost of the car. However, not all companies fulfill their obligations in good faith. Attempts are often made to reduce the amount of the due payment under CASCO. Sometimes the insurer may refuse to pay compensation completely. If a person believes that his rights are being violated, he must first of all write a complaint against the CASCO insurance company

When can you complain about a CASCO insurance company?

The provision of CASCO insurance is carried out within the framework of the provisions of Federal Law No. 4015-1 of November 27, 1992 “On the organization of insurance business in the Russian Federation” and Chapter 48 of the Civil Code of the Russian Federation. The specifics of interaction between the parties are fixed in an agreement drawn up taking into account the above regulations. From the provisions of the current legislation, circumstances arise in which a citizen has the right to file a complaint against an insurance company under CASCO. This is possible if:

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1. When purchasing a policy, the insurer tries to impose additional services.
2. The organization refuses to conclude an agreement on unimportant grounds. Thus, it is considered unlawful to reject an application in a situation where the insurer reports the absence of forms, problems with the functioning of computers, lack of service in the client’s region, etc.
3. The organization refuses to provide compensation. Moreover, the reasons for this are far-fetched.
4. The company asks to provide additional documents, which are not needed in the current situation.
5. The amount of insurance payment was reduced unreasonably.
6. A citizen has the right to file a complaint against the insurance company under CASCO and on other grounds if he believes that his rights have been violated.

Claim form to an insurance company for CASCO: sample statement of claim

What is the correct form of claim to the insurance company for CASCO? In order to make such a complaint against a negligent insurer, you need to verbally state your claim in an accessible form and then put it on paper. Typically, a pre-trial claim is written in any form according to an established template. Such a claim must contain the following points:

• destination;
• objective reasons;
• possible actions of the policyholder;
• desired result for the client.

The insurer himself, represented by his manager, acts as the addressee. The reasons for writing such a complaint may be:

• compensation delay;
• failure to fulfill obligations by the company;
• refusal to compensate for damage to the client’s car;
• carrying out repairs.

The desired result from a pre-trial claim may be a certain amount of money calculated by the client. In addition, the complaint against the insurer must include a period for eliminating deficiencies. If the insurance company refuses to consider the client's submitted claim, he has every right to go to court with it. Usually the insurer responds to this type of paper within ten days. The claim must be accompanied by documentary reasons for the benefits you are entitled to under the insurance.

Most insurance companies try to resolve all disputes and conflicts with clients based on simple negotiations. Drawing up a pre-trial claim against the insurer is a measure that proves the inconsistency of the negotiations. Before sending a completed pre-trial claim to the insurer, you should definitely keep a copy of such a document. It is advisable that such a copy be certified by one of the employees of this organization, and also have a registration number on it. A pre-trial claim can be submitted to the insurance company in person, or it can be submitted by registered letter. It is advisable that such a letter have appropriate notification.

Insurance event under CASCO.

Find out how to avoid subrogation under CASCO here.

Find out what to do if your CASCO payment is refused by following the link:

A completed claim will be a plus for you in court proceedings. Despite the rather lengthy process associated with the emerging paperwork, waiting for a response, as well as subsequent going to court, the process may be deprived in your favor. A pre-trial claim may not be filed if the client receives a clear negative response to the provision of appropriate payments. This option is often accompanied by the client going to court.

An important point when drawing up a pre-trial claim is an accessible and clear argumentation of the case. In this case, the claim must include such points.

1. The name with the identification details of the person to whom it is written. If there is a typo or any kind of inaccuracy, this document may not be delivered to the intended person.
2. Name indicating the address and payment details of the person sending the claim.
3. Notation of the legal basis of the mutual agreement. Here you should rely on the terms of the insurance contract drawn up in advance or the contents of the insurance policy, indicating its number and date.
4. Listing of the insurer's obligations violated by it.
5. The name of the loss as a result of the violations caused.
6. The requirement to provide a mandatory response to submitted complaints with the subsequent provision of due payments, indicating specific deadlines and payment details.

At the end of the drawn up claim, the signature of the person who compiled it must be placed. If this complaint is sent by mail, then to prevent undesirable situations, it should be sent using registered mail. This service is accompanied by the issuance of a special receipt to the client, which clearly indicates the date of departure. The received receipt should not be thrown away, as it is confirmation of a pre-trial claim sent to the insurer in advance.

Normative base

Before filing a complaint against an insurance company under CASCO, it is recommended that you familiarize yourself with the provisions of the regulations governing the interaction between the insurer and the client. Knowledge of the laws increases the likelihood of a positive decision on the complaint, because a citizen can contact the authorized body when there are actually violations. Need to study:

1. Federal Law No. 4015-1 of November 27, 1992 “On the organization of insurance business in the Russian Federation” contains definitions of concepts and general provisions regarding the interaction of participants in a transaction. It also contains a list of institutions that monitor the activities of insurers.
2. Federal Law No. 2300-1 of February 7, 1992 “On the Protection of Consumer Rights” regulates the interaction of organizations providing goods and services and buyers. The regulation sets out how to act if the service provider does not fulfill its obligations.
3. Articles 929-930 of the Civil Code of the Russian Federation fix the features of property insurance.
4. Article 939 of the Civil Code of the Russian Federation determines the process of fulfilling the obligations of the parties to the transaction under the contract.
5. Article 940 of the Civil Code of the Russian Federation - approves the form of the insurance contract.
6. Article 942 of the Civil Code of the Russian Federation contains the essential terms of the contract.
7. Article 944 of the Civil Code of the Russian Federation - indicates the information that the policyholder is obliged to provide in the process of concluding a transaction.
8. Article 945 of the Civil Code of the Russian Federation - fixes the possibility of an assessment of insurance risk by the insurer.
9. Article 947 of the Civil Code of the Russian Federation determines the insured amount.
10. Articles 955-956 of the Civil Code of the Russian Federation determine the possibility of replacing the insured person and beneficiary.
11. Article 959 of the Civil Code of the Russian Federation - fixes the consequences that occur if the insurance risk increases during the validity of the contract.
12. Article 963 of the Civil Code of the Russian Federation - determines the consequences of the occurrence of an insured event due to the fault of one of the parties to the transaction.
13. Article 966 of the Criminal Code of the Russian Federation - indicates the duration of the period during which one of the parties can go to court if its rights are violated.

Grounds for filing and mandatory requirements for CASCO claims

A separate law that would regulate CASCO insurance does not yet exist. Therefore, when drawing up a claim for CASCO, it is necessary to be guided by the norms of the Civil Code of the Russian Federation: both general (part one) and special (Chapter 48 of the Civil Code of the Russian Federation), and also refer to the Law of the Russian Federation of November 27, 1992 No. 4015-1 (on the organization insurance business), Insurance Rules (Government Decree of 05/07/2003).

Unlike a claim under OSAGO, the mandatory nature of a claim under CASCO is not provided for by law. However, before filing a claim in court, it is advisable to formulate your requirements in a claim and try to resolve the dispute with a minimum amount of time. The requirement to submit a claim may be contained in the contract itself, violation of which will lead to the return of the statement of claim.

The grounds for filing a CASCO claim are usually:

• refusal to pay insurance compensation, recognition of the case as insured. In this case, it is necessary to be guided by Art. 961,963,964, 309 and 310 of the Civil Code of the Russian Federation;
• disagreement with the amount of payment. In this case, the legal basis will be 309 of the Civil Code of the Russian Federation and the conclusion of an independent examination.
• failure to pay insurance compensation within the period established by the contract.

Procedure for filing a complaint

If a citizen is faced with a violation of rights by a CASCO insurance company, it is necessary to act in accordance with the following scheme:

1. Prepare a complaint against the CASCO insurance company in accordance with the rules and contact the organization’s management. Often, a violation occurs not because of the company’s internal policy, but because of the negligence or irresponsibility of the organization’s employees. Already at this stage the problem can be solved. If the appeal does not produce results, you will need to prepare documents and send them to other authorities.
2. The insurer is given 20 days to consider the complaint. If there is no response within this period, you will need to submit the document to the supervisory authorities. Today there is no single institution that controls the work of insurance companies. Therefore, it is necessary to select an organization, taking into account the essence of the issue. RSA, the Central Bank of the Russian Federation, FAS, Rospotrebnadzor, and the prosecutor's office can consider a citizen's complaint against an insurance company under CASCO.
3. If the insurer refused to pay, or the insurance payment was underestimated, it is recommended to immediately file an application with the court. The action can be carried out simultaneously with the procedure for filing a complaint against the insurance company under CASCO. However, before carrying out the action, it is taught to perform an independent assessment of damage to property. This will allow the citizen to confirm his position in court. Additionally, a documentary base needs to be prepared. The list of papers must include all written appeals to insurance and other documentation on the case. It is worth visiting a lawyer first. It is important that he specializes in such proceedings. Disputes with insurers represent a specific topic that not every lawyer can handle.

Procedure

Naturally, a car owner faced with a similar problem is interested in what to do next if shortcomings are identified in the work of the service station under CASCO.

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You can follow the following algorithm of actions:

• when accepting the car after repair, sign the acceptance certificate and be sure to indicate any shortcomings; if the errors are serious, then it is better to refuse to sign the document (in this case, you need to call the insurance company, report the incident, so that they send their representative to assess the quality, and also To take pictures);
• if the act was signed indicating the existing errors, then an independent examination must be carried out to study the reason for their formation;
• collect the necessary documents, draw up a claim (if necessary, you can invite an experienced auto lawyer who will help you write the claim requirements correctly);
• send a claim to the insurer with a set of prepared documents, including expert opinions;
• If there is no response from the company, or a refusal to resolve the controversial issue, the owner may file a claim in court.

A citizen can file a claim for poor-quality car repairs under CASCO within 2 years (in case of significant deficiencies, this period increases to 10 years).

It should be borne in mind that some repair deficiencies cannot be identified during inspection. They may only appear after some time. For example, installing a non-original part will result in the breakdown of another spare part. In this case, after identifying a new breakdown, it is necessary to conduct an independent examination as soon as possible. The main thing is to establish the relationship that the recorded breakdown occurred after a poorly performed repair. The cost of the examination is paid by the initiator; if it can be proven that it is the fault of the service, then through the court it is possible to obtain compensation for the cost of the services of an independent expert.

Complaint to the insurance company

Initially, you need to file a complaint with the insurance company that issued CASCO. The law does not define a specific form for filing a complaint against approval. Therefore, the document must comply with the general rules of office work. The paper will need to state the essence of what happened.

Don't give in to emotions. The text must be dry and free of errors and insults. Then you need to indicate the applicant’s requirements, as well as refer to the clauses of the contract that were violated, as well as refer to legal acts confirming the rightness of the citizen. A claim to the insurance company under CASCO must be submitted in several copies. One of them is provided to the insurer, and the second is registered as incoming documentation. This copy is affixed with the date of acceptance and the seal of the institution. A copy of the paper remains with the applicant. His presence confirms that the citizen actually filed a complaint with the insurance organization.

What to do if the insurance company refuses?

If the policyholder did everything correctly, but received a refusal from the insurer, then he can appeal it. To do this, you will need to collect evidence of your case (certificate of an accident, notice and other documents), and prepare a claim. Sometimes it is also necessary to conduct an independent examination of the damage so that there is something to operate in court.

The policyholder must:

1. Collect evidence that you are right.
2. Prepare the text of the claim in two copies and send it to the insurer.
3. If you receive a refusal (after 10-30 days), you can file a complaint with the regulator.
4. If the complaint to the regulator does not help, you must file a claim in court.
5. Obtain a court decision (on the collection of insurance payments or on refusal to satisfy the claim).

Disputes with the insurance company can drag on for 3-6 months. and sometimes for a year. However, filing a lawsuit does not guarantee a positive result. It is worth deciding on legal battles only if you are firmly convinced that your rights have really been violated.

Necessary documents for filing a complaint against insurance under CASCO

A complaint against a CASCO insurance company must be supplemented with a list of documents confirming the occurrence of an insured event. The list of papers is fixed by the rules, which are provided to the citizen along with the contract. Each insurer's list may vary. It also depends on the reason that became the reason for providing compensation. If the car was damaged, you will need to provide the following documents:

• the applicant's civil passport;
• driving license;
• CASCO policy;
• vehicle registration documents;
• protocol drawn up at the scene of the accident.

Additionally, you can attach to the list an invoice for the evacuation of the car, if it was carried out. When damage was caused by a natural disaster, a meteorological certificate is provided. If a car has been stolen, the list must include papers confirming the fact that a criminal case has been initiated as a result of the incident.

Poor quality repairs under CASCO. Solving the situation

Under CASCO insurance, the car owner does not receive high-quality repairs, or does not receive them at all, or the repairs are delayed. With whom does the car owner have legal relations at this moment, to whom can he make claims, and if so, how? All this can be solved. The next question is how quickly and easily? What if the repair was already accepted, but by mistake? How can independent experts help? This is discussed in our article.

Difficulties and questions regarding working with repairs and CASCO insurance and questions about how to resolve controversial situations often arise among Russian citizens. Both individuals and legal entities, our clients, for whom ANO “Forensic Expert” successfully resolves these situations. mainly due to preparation, use of the entire information base and experience of working with government agencies. But this topic remains open, since it has difficulties even for specialists.

For example, some lawyers also find it difficult to unambiguously and quickly resolve some situations related to car insurance and repairs under CASCO. So far, we still have vague legislation and instructions in this regard. Here you cannot do without practical experience, and to get it, you need to solve many such situations. Russian independent experts today are the most reliable link in the process of solving problems and protecting the rights of victims - experience and practice have shown this.

Their experience in such large organizations as the ANO “Forensic Expert”, which has been working since 2009 in Russia and the CIS countries, allows them to solve all situations related to car insurance. An example of one of these situations, sometimes controversial even for specialists, is the presence or absence of a legal relationship between a car service center making repairs under CASCO and the owner of the car, or an authorized representative.

Disputes about resolving legal and insurance situations and conflicts related to repairs under CASCO often come up against this problem. The whole complexity of the situation described in the title of this article is that at the stage of poor-quality repairs, the user of the insurance company’s services (the policyholder) no longer communicates with it - he has relationships and difficulties with the car service center, the so-called service station, the repair provider.

And if a car service station delays, does not perform, or performs repairs poorly, then with whom and how can the car owner solve the problem? Here it is important to find out whether Russian legislation, or the clauses of the insurance contract, or in some other way, establishes the legal relationship between the CASCO insurer and the CASCO repair contractor.

Or can the policyholder influence the CASCO repair contractor through the insurance company? And if it can, then how? These are the questions we will discuss in our article. And if you want to solve problems faster and do useful reading later, then contact us immediately from the “Contacts” page of the website of the ANO “Forensic Expert” - sudexpa.ru - with your questions. Any problems will be resolved quickly.

Legal relations when carrying out repairs under CASCO

Lawyers also find it difficult, in some cases, to resolve questions about between whom and with whom legal relations occur in cases of repairs under CASCO, and to whom and how the insured, the car owner, can make claims if something in the repair does not suit him. The problem is the experience of dealing with such situations. The problem is that the conditions of CASCO insurance are assigned individually, differently in different cases.

The fact is that the opportunity to file a claim against the insurance company (we are discussing the issue of poor-quality repairs or problems with them) is only possible if the car service center and the insured are not bound by legal relations. That’s why this question is so important – is there any difference between the car owner and the car service center? Whether they exist - only a specially drawn up separate legal document can talk about this.

If there is no such document and such legal relations, then the car owner has the right to file a claim against the insurance company. And this claim can and should contain demands for payment of insurance amounts and compensation, which should be sufficient to:

• cover the costs of high-quality car repairs;
• the car owner receives compensation for moral damages for poor-quality repairs, if such compensation is claimed in the claim;
• in accordance with Article 395 of the Civil Code of the Russian Federation, it is possible to demand the recovery of the so-called “penalty” from the insurance company due to the fact that it did not fulfill its contractual obligations.

As you can see, there are a lot of possibilities. If you organize your claim correctly and present claims to the insurance company, you can receive excellent compensation, and this is even recommended - both by lawyers and independent experts. Since such an attentive and responsible attitude to insurance relations will reduce the percentage of unfair actions of insurers.

This is about how you can demand compliance with all laws and regulations from insurance companies. You can also demand them from car services, direct performers of the promised repairs. This is done on the basis of the Consumer Rights Protection Law. To implement this opportunity, it is necessary that the policyholder, the car owner, receive the rights of the customer in relation to the car service. And then legal relations will arise between them, on the basis of which something can be demanded - repeated repairs, or compensation.

Why do insurers delay repairs, and how to speed up repairs under comprehensive insurance?

A frequent case is when insurance companies do not carry out repairs within a reasonable time frame, or specified in some rules, specified by the car owner. Repairs are delayed. Many people don't know why this happens. Knowing better is healthier for the psyche. Repairs are delayed either because of simple human or technical factors of the car service center, its paper connections with insurers, or because insurance companies deliberately stimulate this - such delays. For what?

Insurance companies' money is the time that cars and other insured objects are not at risk of being damaged. While your car is waiting for repairs or a missing nut at the service center, the insurance company does not bear any risk and can safely manage the investors’ money, multiplying it in various ways. Such a game is played in isolation from the reality of the other side, without taking into account your interests - or completely deliberately, which is already a crime.

Unlike insurance companies, purely financial, capitalist organizations (many of which, of course, are honest), independent experts of the ANO “Forensic Expert” work in the interests of the customer. This is confirmed by many reviews from various legal entities and individuals, various people whom we have been able to help over the years of active work.

And help in many ways, solving issues of protecting rights, obtaining compensation, expediting business, obtaining the necessary permits, documents, certificates and conclusions. You know how important it is in Russia, and in other countries, to be able to understand the legislation and the opportunities that it, in many cases, actually gives to the consumer and entrepreneur. We understand it and are waiting on the website of the ANO “Forensic Expert” for all those who are interested in a powerful, prepared, competent examination. Or help in a legal situation.

This was the simplest answer to the question of how to really speed up repairs under CASCO. And how to get good compensation. But we also promised to talk about how these processes are resolved in documents, when all our independent experts do not do it for you.

So, there are cases in which insurers and service stations, performers of repairs under CASCO, agree that the car will remain in service longer than necessary. How to prevent this situation, or its consequences?

How to control the speed of CASCO repairs

After your car, insured under comprehensive insurance, has been damaged, it goes into service. In the service, at the same moment, according to the rules, you must receive your copy of the so-called “work order” directly in your hands. From this moment, according to the official documents of the service, you become a consumer of the service’s services. And although you are not the customer.

After this, you should, in a written application, invite the repair contractors to complete it within the reasonable time frame you specified. Such an application is submitted either immediately when the car arrives for repairs, or when it is already clear to you that the repairs are being delayed, are happening slowly, or may be happening more slowly than is possible and reasonable.

And then, when your requests are not satisfied, you will be able to contact the authorities whose appeal is provided for by the “Law on the Protection of Consumer Rights”. Through a car service, you can influence the insurance company. Some experts believe that this way is easier to obtain results from influencing the SC. This is the so-called “influence (or pressure) through the insurance company partner.” You can find out more details from our specialists.

What to do with bad repairs under comprehensive insurance

Let us first present an exposition of a situation that is still not uncommon. Car repairs must be done at the service station where you received a referral from the insurance company. According to the rules, an agreement is concluded between the service and insurers on the cost of car service services in this particular case. It is discussed and appointed. Then you get a call from the car service center and are invited to start servicing. After some time, you receive a notification, most likely a call, from the repair station, and come pick up the car. During acceptance, you see that the repair is unfinished or made with errors.

Why can you handle it? Based on the CASCO insurance policy, based on its standard mandatory clauses, in any case you turn into a consumer of a car service that provides you with warranty repairs. In a legal document such as the “Consumer Rights Protection Law”, or CPZPP, there is a clause, or rather article number 29, according to which you have the right to demand and receive compensation as a consumer, and the car service is responsible to you. This article clearly describes your rights and all points of such a relationship.

What directly needs to be done. Using a special form, a claim must be written to the car service center, informing that the repairs were performed poorly under CASCO. Specialists of the ANO “Forensic Expert” will help you arrange everything correctly. In this document you will have to accurately indicate some sequences of actions and all errors and repair problems that were found during acceptance. In the same claim, you will have to indicate your requirement to have the car re-repaired under CASCO.

If you turn to an independent expert from the very beginning, then we take care of the examination of car damage, and the calculation of insurance amounts, and checking the correctness of repairs under CASCO, and ensuring that in case of any problems an absolutely correct claim is drawn up, against which no one can object to you. Accordingly, you will receive the necessary compensation, including additional ones, and we can follow this process to the very end so that all your rights are fully protected.

In order to protect your car, your time and yourself from losses, contact our company immediately. Even at the stage of concluding insurance agreements with the insurance company, in some cases you may need the help of experienced certified experts. Therefore, we are waiting for you on our website on the “Contacts” page, where there are enough ways to contact us, including free and quickly, as well as transfer documents from all regions of Russia, from Moscow, from the CIS countries, and from -abroad.

Step-by-step instructions for filing a complaint

In accordance with the Decree of the President of the Russian Federation dated July 25, 2013 No. 645, the Central Bank of the Russian Federation received powers in the field of insurance. The Central Bank of the Russian Federation can grant licenses and revoke them if gross violations are committed. This will lead to the forced termination of the company's activities. Article 23.74 of the Code of Administrative Offenses of the Russian Federation allows us to consider a whole list of cases on administrative offenses committed by insurers. This includes the issue of imposing additional services. Such a violation is provided for in Article 15.34.1 of the Code of Administrative Offenses of the Russian Federation. An organization that commits a violation may be subject to fines. Having decided to contact the Central Bank of the Russian Federation with a complaint against an insurance company under CASCO, a citizen must act as follows:

1. Prepare an application. The complaint is drawn up in any form. It is necessary to indicate that the current legislation or contract provision has been violated, and what it consists of. Additionally, you will need to provide personal data and details of the insurer. The complaint is supplemented with documents confirming the applicant’s innocence. Copies of papers are required.
2. Submit a complaint. The document must be sent to the territorial division of the Central Bank of the region in which the violation was detected. The action can be carried out via the Internet using the online reception located on the official page of the organization, or during a personal visit to the institution.
3. Wait for an answer. The Central Bank considers complaints within 30 days. The countdown begins from the moment of registration of the office paper of the institution. If additional verification is required, the period can be extended to 2 months. In practice, on average, the answer is given within 10-15 days.

complaints against the insurance company under CASCO can be found here.

Filing a claim against an insurance company under CASCO to the Central Bank

The Central Bank of the Russian Federation also has powers in the insurance sector. The organization acquired them in accordance with Decree of the President of the Russian Federation No. 645 dated July 25, 2013. The Central Bank of the Russian Federation has the right to grant a license to companies operating in the insurance industry, as well as to close them. This is done in case of gross errors and violations. As a result, the company will not be able to continue operating.

In accordance with Article 23.74 of the Code of Administrative Offenses of the Russian Federation, in 2021 the Central Bank acquires the right to consider a list of cases relating to administrative offenses of insurers. The list also includes the issue of imposing additional services. Punishment for violation is provided for in Article 15.34.1 of the Code of Administrative Offenses of the Russian Federation. If companies flout the regulations, they may be subject to fines. If a citizen decides to file a complaint against a CASCO insurer with the Central Bank of the Russian Federation, he will need to act according to the following scheme:

1. Make a statement. The document is drawn up in any form. It is important to reflect what the violation of law or contract provisions is. Additionally, information about the insurer is recorded. The complaint with the claim must be supplemented with papers confirming the applicant’s correctness. Copies are attached to the application.
2. The completed package of documents is transferred to the organization. It is necessary to visit the territorial unit located in the region in which the violation occurred. Application via the Internet is acceptable. In this situation, it is recommended to use the online reception. It is located on the official website of the institution.
3. Wait until the complaint is considered. 30 days are allotted to complete the procedure. The period begins to be calculated from the moment of registration of documents in the office of the institution. The period may be extended to two months if additional verification is necessary. On average, a solution takes about 10-15 days.

to an insurance company under CASCO insurance with the Central Bank of the Russian Federation.

Step-by-step instructions for filing a complaint against an insurance company under CASCO to Rospotrebnadzor

The state has entrusted Rospotrebnadzor with the responsibility to protect consumer rights. The person who purchased the CASCO insurance policy acts as a consumer. Therefore, it has the right to contact Rospotrebnadzor and demand that measures be taken against the culprit of the incident. It is recommended to contact an institution with a complaint against the CASCO insurance company if the insurance company does not want to enter into an agreement, refuses to provide payment or underestimates the amount of compensation, and also tries to impose additional services. The process of contacting the institution is standard. The citizen will have to:

1. Prepare a complaint. A sample document is not enshrined in current legislation. The paper is drawn up according to classical rules. If a person finds it difficult to independently file a complaint against a CASCO insurance company with Rospotrebnadzor, it is better to use a ready-made sample.
2. Submit the complaint to the authorized body for consideration. You must contact the central office or regional office of Rospotrebnadzor. In the first case, the paper will still be forwarded for consideration to the department at the location of the violation. You can contact the organization electronically or in paper form. In the first case, the process is carried out through the official website of the organization or the State Services portal.
3. Wait for an answer. The paper will be accepted for consideration within three days from the date of its receipt in electronic or paper form. From this date the standard monthly period is calculated. If necessary, the review period is extended to 2 months. If the period is extended, the citizen will be notified. The message is sent in writing.

complaints about CASCO insurance to Rospotrebnadzor can be found here.

The essence of the comprehensive insurance claim against the insurance company

What to do if the insurance company does not approve repairs under CASCO, the claim has not been considered. The entire variety of CASCO claims presented is divided into the following categories:

• are responsible for reviewing the specified amounts of insurance payments;
• contain the insurer’s refusal to provide the client with the calculated amount of insurance;
• have a refusal to recognize an insured event.

Each of the presented categories of claims is unified, which gives it some basis for the inclusion of certain grievances. However, similar cases occur quite infrequently, which entails a detailed study by the client of the signed insurance conditions.

The header of a pre-trial claim is a certain mandatory form containing information about the position of the person who signed your CASCO agreement. This information is placed in the upper right corner. In addition, the name of the insurer should appear here, indicating the name of the specialist working with the client. These inscriptions are followed by information about your personal data and your telephone number.

A pre-trial claim to a CASCO insurance company must also have its own claim, containing a description of the insured event that happened to you. Here you can work using the following algorithm:

1. In case of refusal of the required insurance compensation. When describing what happened to your car in an insured event, you must provide the reasons for the refusal issued to you by the insurance company. When a refusal by an insurance company is given if the client complies with all the conditions specified in the contract, it is possible to indicate in the pre-trial claim that the refusal to provide payments by the insurance company has no legal basis and is a gross violation of the rights of the insured. It will be a big plus for you if in this claim you provide several excerpts from articles included in the Civil Code of our country. The following points are good: Article 309, 964, 963, 961. It is important to include in such a claim the terms you desire for providing you with the due compensation. This period must be acceptable to the insurer and be at least three days.
2. About understating the amount of payments. It is advisable for the client to use the services of independent experts who can properly assess the damage sustained by the vehicle. If you receive from such an examination a significant difference with the amount of payments from the insurance company, this fact should be stated in the pre-trial claim. On our website there is a sample claim to the insurance company for comprehensive insurance.
3. About missing the deadline for insurance compensation. When drawing up a pre-trial claim, you should rely on the contents of a previously concluded agreement with the insurance company, highlighting the period specified in it, the provision of compensation payments from insurance. It is also advisable to indicate the agreement if one of the parties violates the deadline for providing such payments. Having drawn up a claim and entered into it all the listed circumstances, you should rewrite in the lower area of ​​the paper all the documents attached to this document. These documents must be correctly reflected in the claim drawn up for you. Then put your signature on the claim and the current date, month, year. All that remains is to send it to the recipient. This can be a personal delivery or a registered letter. When sending in person, be sure to request a registered copy of the document filed, and when sending by certified mail, include the “Notice” feature. Only in this case will you receive a guarantee that the claim will fall into the hands of the insurer.

Claim to the Federal Insurance Supervision Service

The Federal Insurance Supervision Service or Rosstrakhnadzor was an executive body. He maintained a unified register of enterprises engaged in the insurance sector, issued licenses to companies carrying out similar activities, and controlled tariffs and the solvency of institutions. Additionally, the organization was involved in issuing permits to open branches of a company with foreign investments, to carry out transactions with shares with the participation of foreign persons, as well as to authorize an increase in the volume of authorized capital by raising funds from other countries. On July 25, 2013, Decree of the President of the Russian Federation No. 645 a was issued, abolishing the organization. Its powers were transferred to the Central Bank of the Russian Federation.

Complaints about CASCO insurance to the Russian Union of Auto Insurers

The Russian Union of Auto Insurers is a non-profit organization that unites all companies that provide CASCO or OSAGO services. To become a member of the institution, you must work in this field. RCA has certain levers of pressure that give it the opportunity to influence the companies that are part of it. You can complain to the institution if the company has lost its license and is unable to compensate for the damage caused, violates the direct settlement procedure, or there are violations related to the European protocol. In order for an organization to agree to consider a client’s complaint against an insurance company under CASCO, it is necessary:

1. Prepare the document. The paper is drawn up according to classical rules and has a pattern enshrined in law.
2. Make a complaint. The process can be completed using 1 of 3 methods. So, a citizen will be able to visit the management department. It is located in Moscow. The complaint can also be sent by mail. In this case, the document must be supplemented with other documents confirming the applicant’s correctness. You can also contact via the Internet. However, the citizen must be prepared to be asked to provide supporting documentation in paper or electronic form.
3. The period for consideration of a complaint is regulated by the rules for protecting the rights of policyholders. They were approved by the RSA Presidium in 2004. The appeal is considered within 1 month. However, clause 3.9 of the rules provides for the possibility of extending the period if an audit is to be performed or additional paperwork is required. In this case, the review will be extended by the time it takes to receive the documentation.

Sample complaint against an insurance company for CASCO in RSA.

Carrying out an examination

If the insurance company did not send a representative to inspect the car at the time of acceptance, then an independent examination will be required. The insurer can take over the payment of its cost (or divide it equally with the owner of the car). But if the results of the examination do not reveal any deficiencies in the repair, then the citizen will have to pay for the services of experts out of his own pocket.

Only a specialist who has the appropriate state certification has the right to conduct an examination. Therefore, when choosing a company, you need to make sure that there is permission for this type of service.

In accordance with the Law “On Protection of Consumer Rights”, a citizen may demand:

• eliminate existing deficiencies free of charge;
• reduce the cost of repairs;
• reimburse expenses in case of independent correction of repair errors.

The claim is drawn up in two copies (one for each party). It is handed over to the insurer personally, then the company manager must put a personal signature and date of receipt on the second copy. Or send by registered mail with notification to receive confirmation of their delivery.

Step-by-step instructions for filing a complaint against a CASCO insurance company in court

The court is the last resort to which you can turn in case of violation of rights. He will agree to consider an application with a citizen’s complaint against the insurance company under CASCO if the funds were not provided in full or were not paid at all. In such a situation, you need to immediately file a complaint rather than waste time contacting supervisory authorities. A complaint can also be sent to court if a person previously contacted the insurer with a claim, but it was ignored. A similar rule applies if the supervisory authorities for any reason refuse to satisfy the applicant’s request. Appeal to the court is carried out according to the following scheme:

1. The citizen prepares an application. The process of going to court is carried out in accordance with the norms of the Code of Civil Procedure of the Russian Federation. Here are the specifics of filing a claim. An appeal against the actions of an insurance company is carried out on the basis of the norms of the CAS of the Russian Federation.
2. Apply. After receiving the documents, representatives of the institution will review it and check for errors. If they are missing, the application will be sent for revision, indicating any inaccuracies.
3. Wait until the trial is scheduled. The citizen will be notified.
4. Take part in the proceedings. During the process, a person will be able to substantiate his position and provide evidence of a violation of rights.
5. Appeal the decision if it does not suit the applicant.

Litigation takes a lot of time. They may take several months. The exact period depends on the specifics of the situation. You can file a complaint against an insurance company under CASCO in court here.

Contents of the pre-trial claim

A pre-trial complaint to an insurance company under CASCO is a document in which the applicant must clearly record the fact of violation of his rights. Therefore, this document must be written in clear, clear and well-reasoned language. The claim must indicate:

• name of the insurance company, its details;
• sender's details (full name, address and payment details);
• the basis for filing a claim (a contract or CASCO insurance policy with a mandatory indication of the date of signing the document and its number);
• a list of requirements to the insurance company indicating specific points for which a violation of the contract was recorded;
• the amount of damage incurred as a result of an insured event;
• a requirement to respond to the claim and make the necessary payments in full of the damage caused within a specific time frame and according to the specified details.

When writing a claim, you should make copies of all submitted documents. This must be provided in case disagreements arise between the applicant and the Investigative Committee and in the future the applicant will have to provide original documents to the court.

Time limits for consideration of a complaint under CASCO

The period for considering complaints against an insurance company under CASCO is determined by the provisions of Federal Law No. 59 of May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation.” The period it will take to complete the action, depending on the organization, is presented in the table below.