The main purpose of taking out any insurance policy is to obtain insurance payment at a time when it is urgently needed for the restoration of property.
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But the problem is that most insurers today are delaying the provision of CASCO payments or are trying to find grounds for the invalidity of the insurance agreement, when it is no longer possible to find reasons for refusing compensation.
It is important for the policyholder to know the terms of payments under CASCO and carefully read the terms established for this by the insurer.
Unlike the period of the MTPL contract, they are always different and are not established by current legislation.
How to get insurance compensation
When an insured event occurs, it is necessary to notify government authorities and the insurer without missing the established deadlines. No attempts should be made to independently resolve problems with the victim.
It is necessary to wait for the arrival of road service employees and the decision of the emergency commissioner regarding the assessment of the incident as an insured event.
After the incident is recognized as an insured event, it is necessary to collect documents and write statements regarding the provision of payments.
The deadline for receiving compensation is counted from the moment the documents for receiving the payment are presented.
Terms of this kind are discretionary and contractual. They are established by agreement of the parties and are usually calculated in days. In some cases, it is necessary to conduct an examination and the policyholder is not required, but it is advisable to contribute to this.
If the result of assessing the condition of the subject of insurance does not stand, then you can always conduct your own examination and apply for a change in the existing decision.
After the insurer receives all the documents, it is necessary to clarify the case number, registration date and deadlines for its consideration. There is no need to silently wait for the completion of the consideration of a personal case. The best option is to remind yourself as often as possible.
CASCO under a loan agreement is described in the article: CASCO agreement. Information about CASCO for taxis can be found at this link.
Payment terms
There are two methods of compensation under CASCO:
- vehicle restoration;
- payment of sums of money.
The terms of payments under CASCO differ from company to company, as they are discretionary. There are no laws or other regulations that would establish them.
The payment terms are usually specified in the company's Insurance Rules or the policy itself. The limitation period will begin from the day on which all necessary documents were provided.
Deadlines may be delayed in the following cases:
- if it takes a long time to agree on the cost of the vehicle;
- if there is a long queue for payments.
In the first case, to speed up the process, you can contact a service station. After this, take all the necessary documents to the insurer.
A cover letter with a request to pay the service center bills must be added to the package of documents.
If the delay is due to a work delay and an existing large queue, the insurer must send a message to the client about this. Average terms range from 15 to 30 days.
If the exact timing of payments is not indicated anywhere after the end of the 30-day period, you must submit a claim for compensation to the insurance company within 7 business days.
The claim may be based on the provision of the Civil Code of the Russian Federation that the payment terms must be reasonable. Pre-trial dispute resolution is a mandatory stage today when resolving disputes with an insurance company.
Only after sending a claim and no response from the insurer can you go to court with a claim to recover insurance compensation and penalties for late obligations.
in case of an accident
The terms of payments under the CASCO policy are discretionary and can only be provided for by the contract or the Company Rules. They are always different, but using the example of several of the most well-known insurance companies, you can get an idea of what they usually are like.
its Rules establish the following deadlines:
- to file a claim for damage – up to 10 working days;
- The general terms of payment in case of an accident are up to 20 working days from the day the person provided all the necessary documents to the insurer.
offers another way to receive payments in case of an accident:
- time limit for reporting an accident – 24 hours;
- the period allotted for submitting a written application to the insurer is up to 5 calendar days;
- Damage payment terms are up to 15 calendar days.
The payment frames are as follows:
- time to file a claim for damage – up to 7 calendar days;
- The period for payments for road accidents is no more than 15 calendar days after receipt of the originals of all necessary documents.
Obviously, the average payment period for road accidents is 15-20 days, which are counted from the day all documentation is provided to the insurer. During this time, the client must receive his money or a written refusal from the company.
for theft
The terms of compensation for car theft may differ from those established in case of damage. For example, it establishes the same period: 7 days for filing a claim for an insured event and up to 15 calendar days for receiving compensation.
One feature: the payment period is counted from the date of completion of the preliminary investigation and can be reduced by agreement of the parties.
establishes the following rules:
- to submit a theft claim to the insurer – up to 3 working days;
- The period for payment of compensation is up to 20 working days after the initiation of a criminal case.
A similar scheme is used, but the payment period according to its rules is counted from the day of submission of all necessary documents.
The insurer "RESO-Garantiya" gives three working days to file a theft claim. The period for payments for theft cannot exceed 30 working days, which are counted after the initiation of a criminal case.
with total
The largest amounts of compensation are provided in case of total loss of property. Typically, in this case, the insurer pays money for the purchase of a new vehicle that is equal to or close to the amount insured.
It is not surprising that insurers set the longest payment terms in case of total loss of property. But for all insurers they do not exceed 1 month.
Conditions and rules for receiving payment
To receive a payment, you must follow the information below.
Immediately after vehicle damage:
- Call the Ministry of Emergency Situations or the Traffic Police
- Do not move your car after an accident
- No contracts with the opponent, bypassing the insurance company
- Carefully study the report, make sure that all the details of the accident are indicated.
- Contact your insurer and notify about the incident
- Be sure to make copies of all reports and documents
- Provide a package of documents required by the insurance agent
- Show the car to an insurance company expert. Find out which company has been appointed to conduct the examination. Ask for a copy of the report.
- Call the company regularly and remind them about compensation without waiting for the deadline for compensation.
Terms of compensation for damage caused under CASCO
It’s worth mentioning right away that CASCO, unlike MTPL, has different reimbursement periods and you need to find out specific numbers from the insurer. Unfortunately, in our country there is not a single legal act or law that would regulate the timing of payments . It is only indicated that they must be specified in the contract or announced in the list of rules of the insurance agent.
However, if we take general information about insurers, we can notice the following pattern:
- Very famous insurance companies (millions of clients) - payment within 14 days .
- Mid-level companies (50 thousand - 1 million) - as a rule, pay within a month , often delaying the deadline. Cases with payment for repairs are resolved more quickly than with compensation.
- Small companies (5000 - 50000) - the issue of payments is extremely controversial. Some pay within a week, some wait until the client begins to legally demand compensation .
- Unknown companies (up to 5,000 clients) - you should not trust such insurers, since they do not pay out funds, and after receiving a sufficient amount from contracts they can close. It is highly recommended not to contact such companies to obtain insurance.
Amount of payments under CASCO
When assessing damage, the insurance company conducts a specialized examination within 5 days. The legislation does not provide for limits on payments under CASCO insurance. But insurers do not pay compensation that is greater than the insurance amount.
According to current changes in legislation, the amount of compensation is calculated based on the assessment of damage. Payments to victims are also not fixed.
Depending on the damage caused to life and health, a certain percentage is paid. For example, if a CASCO policy involves the expansion of civil liability, the policyholder, upon the occurrence of an insured event, will receive the difference that remained uncovered under the compulsory motor liability insurance policy.
If the limit of compensation for compulsory motor third party liability insurance does not exceed 120,000 rubles , and the injured party needs to pay 200,000 , then under the CASCO agreement the insurer is obliged to provide the insured with 80,000 rubles .
When establishing the amount of payments for theft, an assessment of the car is used, taking into account its wear and tear at the time of the insured event.
The legislation does not establish a minimum framework for CASCO payments. The agreement is also not drawn up indicating payment intervals.
When can you get a refusal when applying for CASCO insurance?
There are quite a lot of situations in which the insurance company can refuse to pay you; there is no point in listing them all. We will give only the main ones.
- Very serious traffic violation
There is probably a clause in the insurance contract where it is written that the insurance is not valid:
- In case of serious traffic violation
- When speeding
- In case of violation of the insured
- When driving through a red light
- When driving while intoxicated, etc.
- No complaints
Often insured people write in accident reports that they have no claims (at the request of the culprit or law enforcement officers). Do not write this under any persuasion if you do not intend to refuse insurance payments.
- The traffic police team was not called immediately
Call the police immediately after the incident. If the car is not at the scene of the accident or is moved, payment may be denied, despite the damage being recorded. In addition, the insurance company in this case may file a claim against you, accusing you of fraud. Please read the protocol carefully before signing.
- Complete or partial renovation carried out
No matter how absurd the amendment to the insurer's contract may sound, it is there. The insurer will send its expert to inspect the car, who will indicate in the conclusion that it is impossible to accurately determine the damage after an accident.
- Presence of controversial interpretations in the contract
The presence of points that can be interpreted in two ways will no longer surprise the average citizen. In this case, it is necessary to challenge the refusal only in court with a good lawyer.
These are just some of the nuances that lead to a refusal to pay, but in reality there can be much more. The number of points depends only on the insurer.
Understating the sum insured
Often, insurance companies underestimate the amount of insurance compensation by excluding their payment for several damaged parts that are not indicated in the accident report.
In this case, you must contact the traffic police for additions to the certificate. After the damage is added to the certificate, it must be presented to the insurance company agent.
You can insist on conducting a separate technical examination to more accurately determine the amount of damage.
Often, insurers underestimate payments precisely on the basis of an examination carried out or a conclusion received from their employee who conducted the inspection about the overstatement of the amount based on the results of an independent study.
This happens if the vehicle repair was paid for out of pocket based on the results of an independent examination.
When it comes to repairs carried out by the insurer, everything is quite simple: in accordance with the norms of civil law, the insurer must fulfill its obligation on time.
To be more precise, the insurance company is obliged to compensate for losses after the fact, and no one can exempt it from this (Article 929 of the Civil Code of the Russian Federation).
It is usually the most difficult to obtain payments based on the results of an independent examination in a pre-trial manner. During the trial, more than one additional damage assessment may be specifically carried out. This is the only way the court can make an adequate decision on the amount of compensation.
A small payment under CASCO is possible when the contract takes into account the market price of the vehicle and the insurer has its own point of view on this issue. The policyholder must immediately clarify the fact how the amount of payments will be calculated if the market price of the car is available.
How to protect yourself from the arbitrariness of the insurer?
To protect your interests before the insurance company, you need to carefully sign the insurance contract. You need to clearly understand what you are insuring the vehicle against, what may happen in the future and what payments, rates and payments will be taken into account. If the choice is made in favor of a reliable insurer, then many problems can be avoided.
If the event has already happened, then the best protection of your interests is to go to court. Filing a claim may frighten off the insurer even at the stage of pre-trial conflict resolution. They understand perfectly well that they are using not entirely legal methods of working with clients. At the same time, they do not want to pay legal costs and penalties for penalties, which are also provided for in the contract.
Required documents
To receive compensation, the policyholder must provide the insurer with:
- a copy of the decision on the administrative violation;
- a copy of the resolution to initiate a criminal case;
- certificate of accident;
- passport or other identity document;
- CASCO policy with a receipt for payment of premiums;
- registration certificate for the car;
- technical inspection certificate;
- driver license;
- Bank details;
- in case of theft - complete sets of keys and alarm key fobs.
Depending on the circumstances of the case, the documents will always differ. It is important to collect a complete set of documents, otherwise the insurer will not be able to pay compensation on time.
The deadlines for payments under CASCO are not legal. They may be specified in the contract or the Rules of the insurance company.
If the payment terms are not provided for in the dispositive order, then the policyholder can, after 7 days, file a claim with the insurer, who did not respond with reason to the client’s appeal.
The rules of CASCO insurance in the VSK company are discussed in the article: VSK rules of CASCO insurance. Read about the conditions of Anti-Crisis CASCO insurance at Rosgosstrakh here.
Find out what tariffs apply for CASCO insurance at Soglasie in this article.
What it is?
Insured events under voluntary vehicle insurance contracts include the following events:
- Any traffic accident, regardless of the party at fault.
- Theft or theft of the policyholder's vehicle (read about the price of CASCO insurance against theft and the amount of payments under this insurance here).
- Damage caused to the vehicle as a result of the actions of third parties intentionally or through negligence.
- Damage sustained by the machine as a result of exposure to the elements.
- Damage to the vehicle as a result of a collision with animals or birds.
- Damage sustained by a vehicle as a result of heavy objects falling on it.
- Mechanical damage to the vehicle sustained in a parking lot or garage.
Important! Theft or theft implies a direct indication in the contract of all possible situations of taking possession of the car by third parties.
What is included in these concepts? These should include: robbery, robbery and theft. This is due to the fact that if the contract only stipulates theft, and a criminal case has been opened under Article No. 158 of the Criminal Code of the Russian Federation - theft, then the insurance company has the right to refuse to recognize such an event as an insured event.
