The insurance company paid little under CASCO, the insurance company underestimated the payment

"Lost" documents

After an accident, you provide the insurers with a complete set of documents about the incident. If in return the employee does not provide an inventory of the accepted papers, the payment may be postponed indefinitely. When refusing to transfer money, the insurance company will refer to the fact that it did not receive a copy of the protocol, your bank details, a certificate from the traffic police, etc. It is almost impossible to prove the opposite without an inventory - so it turns out that the insurance company does not pay for compulsory motor liability insurance.

What to do if the insurance company does not pay for compulsory motor insurance?

When handing over any documents to insurers, ask for confirmation that they accepted the papers. Such confirmation is a copy of the transferred document with a note indicating when and by whom it was accepted. The mark must be certified by a seal.

What documents are needed

your passport (copies of all sheets);
if your interests are represented by another person - his passport and power of attorney to sign the agreement.

To successfully resolve a dispute, you will also need:

decision to pay an underestimated amount of insurance;
documents confirming the occurrence of an insured event;
insurance contract;
correspondence with the insurance company;
expert report.

The final list of papers will be determined during the first consultation.

Repair at your own expense

The insurance company accepts documents and receives notification of where and when the damaged car will be inspected. Its representatives may not appear for this inspection. In this case, you provide an independent expert report, completed at your choice, to the insurance office, after which they promise to transfer the funds to you within the prescribed period and “allow” you to repair the car.

Art. 12 Federal Law 40 “On Compulsory Motor Liability Insurance” gives insurers the right to demand inspection of property damage within 20 days after the incident. If by the time of the inspection you repair the car yourself, the insurance company will refuse to pay due to the lack of damage. Even if the car owner provides documents about the repairs performed, there is no guarantee that the losses will be compensated. Again the insurance company does not pay for compulsory motor liability insurance.

What to do if the insurance company does not pay for compulsory motor insurance?

The best option is to take your time with car repairs. You should contact a car service center only after the insurer has at least partially transferred the payment under compulsory motor liability insurance. By this, he recognizes the case as insured and confirms his obligation to compensate for the damage.

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Underestimation of insurance payment: cost of legal services in Moscow

Failure to fulfill obligations by an insurance company under an agreement to insure property or other interests of a citizen or organization entails legal proceedings. In order not to spoil their reputation, insurers do not refuse to accept documents about an insured event. They assign a monetary reward for an insured event. But its size can be so small that it does not cover all the damage caused.

Insurance claims lawyers know that the basis for calculation is the opinion of an independent expert. The law in Russia allows insurance companies (ICs) to independently select an expert. And only if they did not do this within 5 days from the date of acceptance of the documents, does the victim come into play . He has the right to seek the services of any expert he trusts.

How does underpayment occur:

exclusion of some damaged elements from the report;
the low cost of work by auto repair shop specialists is indicated;
a high degree of wear of spare parts is prescribed;
other ways.

Help with underestimating insurance payments is not only about preparing the case for trial. An experienced lawyer will conduct a consultation, including online, during which he will tell you in detail about the requirements of the law. He will provide services for compiling a list of questions for the expert and advise how the issue can be resolved pre-trial.

The car was not damaged in an accident

As in the previous case, they accept your documents about the accident, but representatives of the insurer do not come for inspection. The car owner is informed that he can repair the car and is promised to transfer compensation in due time.

Then, within 20 days, the insurance company sends a letter to the client notifying him that the damage is not related to a specific accident. If the car has already been repaired, it will not be possible to prove otherwise, and the insurance company will not pay for compulsory motor liability insurance.

What to do if the insurance company does not pay for compulsory motor insurance?

You need to wait for compensation for losses and then begin repairs. Sometimes a trace examination is carried out for already repaired cars, but even its results are not always regarded by the court as evidence.

What to do if the insurance company refuses to compensate for damage under MTPL

The most pressing issue is the issue of compensation for damage in road accidents. All motorists are required by law to be insured - have an MTPL policy. It is issued by insurance companies, which are obliged to compensate for damage caused to the car, as well as damage to health (if people were injured in the accident).

Damage must be compensated to the injured party in full and within the period established by law. Within 20 calendar days after receiving an application from the victim, the insurer is obliged to make a decision on compensation or notify of refusal. The insurance company cannot simply refuse without any explanation - justification is necessary.

Cases when refusal to compensate for damage may be considered justified:

the driver was found to be at fault for the accident;
the policy has expired;
The accident was incorrectly registered;
the driver was drunk;
the policy contains inaccurate information about the car;
in case of intentional damage to the car;
the accident occurred as a result of force majeure.

In all other situations, the insurer is obliged to compensate the damage to the victim. However, there are often cases when the insurance company tries to evade responsibility. Therefore, you need to know how to protect your interests.

Claim to insurance

The first step is to request a written refusal from the insurance company. It will become a key document that can be used when contacting various authorities.

But before you go anywhere else, you need to try to negotiate with the insurance company itself. You can challenge the initial decision by sending a claim to the insurer outlining your arguments (preferably supported by documents).

Complaint to the Union of Auto Insurers

If negotiations with the insurer reach a dead end, you should file a complaint with the Russian Union of Auto Insurers. It is likely that RSA will take your side and influence the negligent insurance company. However, the procedure for considering the case may take a month or more.

Lawsuit

Another proven method is court. Typically, a claim is filed immediately after receiving a denial of damages. You should contact your place of residence or the registration address of the insurance company. All available documents are attached to the claim (a copy of the accident report, a written refusal from the insurer, and, if available, your claim and response to it).

Even if the court did not help, you can challenge its decision in a higher court.

Underestimated damage

Insurers may underestimate the amount of damage caused to a car in an accident. In this case, they are present at the inspection and conduct their own independent examination. The payment is calculated based on its results, and as a result, the amount of compensation turns out to be underestimated.

What to do if the insurance company does not pay for compulsory motor insurance?

If the insurance company does not pay under compulsory motor liability insurance, then you can prove your case by going to court. Our company provides legal support services. If the insurance company tries to challenge the results of the automotive technical examination (Moscow and Moscow region), our lawyers will prove the correctness of the calculations made by Invest Consulting.

Why does the insurance company underestimate the payment under compulsory motor liability insurance?

Since 2014, all insurance companies are required to use uniform standards approved by the Central Bank when calculating the amount of damage. However, even with uniform standards, motorists are faced with the problem of understated compulsory motor insurance payments.

The thing is that this happens for a number of reasons. Let's look at each:

Method of assessment. All specialists perform an examination, as they say, by touch and eye. As a result, the final amount of damage may vary significantly.
Professional skills of a specialist. It is no secret that a lot depends on the professionalism of the expert. Experienced specialists can prepare a report not only quickly, but also as reliably as possible, which cannot be said about beginners.
Conditions of inspection. This is the main factor that plays a significant role. The car must be presented in a clean condition, during daylight hours. In poor lighting, some damage may not be noticed and not taken into account when drawing up a report.

It must be taken into account that insurers may also underestimate the amount of compensation payment for legitimate reasons.

Wait some more

There can be many reasons to postpone payment under compulsory motor liability insurance: checking documents by the security service, double-checking, paperwork, collecting signatures, processing transfers from accountants - insurers have nowhere to rush. Their client may wait for months for compensation for damages under compulsory motor liability insurance and not receive it.

What to do if the insurance company does not pay for compulsory motor insurance?

The deadlines for processing and transferring compensation under compulsory motor liability insurance are limited by law. After their expiration, a pre-trial claim must be sent to the insurance company. If this does not help, you need to go to court. The claim must include reimbursement of costs associated with the delay (postage, legal services, parking, examination costs, etc.). The insurance company is obliged to pay a penalty for the use of other people's funds and penalties provided for by law for delays in payment.

Damage only on the outside

When assessing damage after an accident, representatives of the insurance company take into account only external damage (indicated in a certificate from the traffic police). The employee refuses to record internal damage, claiming that this is the task of the car service employees who will repair the car. You are offered to repair the damage and provide the insurance company with documents from the car service center to reimburse the costs. Having received them, the insurance company pays only for those damages that were recorded during the inspection (external).

What to do if the insurance company does not pay for compulsory motor insurance?

The amount of payment is calculated based on the conclusion about the amount of damage to the car in an accident. Request a copy of this document from the insurance company and submit it to independent experts for verification. If the report was drawn up with violations and does not reflect all existing damage, contact an independent automotive technical expert (Moscow and the Moscow region).

What to do if the insurance company refuses to pay for comprehensive insurance

To count on payment under a CASCO agreement, carefully read the insurance agreement. It indicates all cases and circumstances in which the insurance company is obliged to compensate for damage. In addition, the driver’s violation of the Traffic Rules may be grounds for refusal.

Do you disagree with the insurer's decision to refuse payment? Defend your interests in the same ways as in the case of compulsory motor liability insurance.

Repeated request to the insurance company

Make a written request to the insurance company to get a reasonable answer. It is important that it contains references to the clauses of the insurance contract and to federal legislation.

Claim to the insurance company

If you think the Investigative Committee’s arguments are unfounded, write a complaint. Submit a claim to the insurance company with your requirements and arguments (also supported by the relevant clauses of the contract and legislative acts).

It would not be amiss to indicate the period of your expectation of a response and the actions that you plan to take in the future.

Financial ombudsman or court

As in the case of compulsory motor liability insurance, you can apply to the financial ombudsman. But to count on additional compensation (for example, moral damages and wasted time), go straight to court.