Loss Settlement Center "Rosgosstrakh": under OSAGO or CASCO

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Rosgosstrakh is a Russian insurer offering individuals in 2021 insurance services for MTPL, CASCO and other policies. The “automobile license” in the RGS is in great demand among drivers, because it must be issued to all motorists in accordance with the requirements specified in Federal Law No. 40 of April 25, 2002. After the motorist has concluded the appropriate MTPL agreement, he will not have to pay for property or health damage (within the regulated sum insured) that will be caused to other persons (pedestrians, vehicle passengers, other drivers) precisely in the process of using the vehicle.

In what cases can you apply to Rosgosstrakh for payments under compulsory motor liability insurance?

An application for compensation under compulsory motor liability insurance after an accident in Rosgosstrakh in 2021 can be made by victims (Part 1 of Article 12 of the Federal Law No. 40), who suffered:

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or harm to health;
or damage to property;
or all at once.

Attention
In 2021, you do not always need to contact Rosgosstrakh, since, in accordance with ab. 2 hours 1 tbsp. 12 Federal Law No. 40, as a general rule, an application for payment is sent to the insurance company that insured the liability of the causer of damage.

It turns out like this:

if the culprit has a compulsory motor liability insurance policy from the RGS, then after an accident you need to contact him here;
if his “automobile license” is registered with another insurance company, then he needs to go to it.

But this is precisely the general rule. There is one exception - if you have the right to a PWU (Article 14.1. Federal Law No. 40), that is, to direct compensation for losses, you need to contact your company, that is, the one where the victim himself purchased the MTPL policy (the right to a PWU arises with simultaneous compliance two conditions - there are no injured or killed, and also all those who participated in the accident have valid MTPL policies - editor's note).

For example, a driver who has a compulsory motor liability insurance policy from RGS has his car crashed in an accident, and he is not guilty of it. The conditions specified in Part 1 of Art. 14.1. Federal Law No. 40 (that is, there are no injuries or deaths, and all participants in the accident have compulsory motor liability insurance policies) are complied with. This means that this driver needs to go to Rosgosstrakh, that is, to his insurer. Otherwise (that is, if there were injured or dead, or if any of the participants in the accident did not have a policy), one would have to contact the insurance company of the person who caused the damage.

Also, the right to apply to the RGS (if the culprit of the accident has an MTPL policy from the RGS) are the so-called beneficiaries - that is, persons who have the right to receive compensation in the event of the death of the breadwinner (Article 1088 of the Civil Code of the Russian Federation, Part 6 of Article 12 of the Federal Law No. 40). These persons should always contact the insurer of the culprit (the PPV does not apply in this case).

The procedure for contacting the Rosgosstrakh loss settlement center

Victims should take into account that most RGS offices are engaged in concluding contracts and selling policies, and the consideration of insurance cases is carried out in the Rosgosstrakh loss settlement departments, located separately. You can find out the location and opening hours of the nearest center on the website rgs.ru/contacts/list.wbp.

The tasks of the divisions include the following functions:

acceptance of documents;
inspection of the scene of the incident, appointment of an examination with the involvement of independent specialists;
calculation of the amount of payments based on the results provided;
carrying out settlements with clients.

Important! Not all company offices are universal. First, you should make a few calls and clarify the list of operations they perform. At the same time, you should clarify what papers you need to have with you.

Insured event "Rosgosstrakh", you can find out more here.

In case of harm to health

In this case, you need to focus on the list of damages that is attached to the policy. In accordance with its points, accrual will be carried out. In all cases, you must have a conclusion from a medical commission, an accident report and the result of an alcohol test.

When causing harm to life

In the event of death, relatives or the beneficiary specified in the policy can contact the office. It should be taken into account that this document is not the subject of inheritance, therefore, there is no need to wait 6 months. It is enough to present a death certificate and a report drawn up by police officers, which does not contain notes about suicide.

Related article: Tracking the Rosgosstrakh case by case number and insured event

Accidents and damage

In such cases, the culprit is first identified, and on this basis the purpose of the appeal is determined. The driver needs to submit a passport, license, documents for the car and all papers related to the incident. There is no point in repairing or organizing an inspection yourself: the company cooperates with independent organizations that do their work honestly and impartially.

The accident did not cause serious consequences

In most cases, participants in events draw up a Europrotocol if the damage to each party does not exceed 50,000 rubles. Under such circumstances, you should come to the office, having with you the protocol, your insurance documents and documents for the equipment. After the inspection, the specialist will send the driver to a service station.

The accident caused serious consequences

In case of harm to life or health, certificates issued by a state medical institution will be required. They must be submitted within 5 days after receiving all the papers in hand. In the event of the death of the insured, his relatives must contact Rosgosstrakh to settle losses under compulsory motor liability insurance.

What should the culprit of an accident with compulsory motor liability insurance do? Read more here.

Law on payments under compulsory motor liability insurance

The regulations governing payments under Rosgosstrakh compulsory motor liability insurance after an accident in 2021 are:

Art. 12 Federal Law No. 40;
clause 3.10. Rules of compulsory insurance, which are contained in the Regulation of the Central Bank No. 431-P dated September 19, 2014 (hereinafter referred to as the Regulation of the Central Bank No. 431-P) - it talks about the general package of documents provided for the settlement of losses;
clause 4.17. and 4.17.1. Central Bank Regulations No. 431-P - about when there will be repairs and when there will be monetary and financial compensation.

What is a referral for repairs under OSAGO?

A referral for repairs under compulsory motor liability insurance is a document that officially grants a victim in an accident the right to full compensation for damage from him through the repair of a vehicle. It is important here that the restoration is complete and not partial. After issuing a referral for repairs under compulsory motor liability insurance, repair work must be completed within a strictly specified time frame. This also applies to the assessment of damage, which is necessary to obtain this document.

Today, referral for restoration work is a direct alternative to insurance payment under compulsory motor liability insurance. It is intended to simplify the reimbursement process by removing an entire link - this stage between the funds received upon payment and before the stage of payment to the service for the repair work performed. In fact, this could not be avoided for at least two reasons:

The motorist is given a choice of service stations to repair the car.
To repair the car, you have to contact the insurance company and receive a referral to a service station under OSAGO. In other words, the money is replaced by a certificate to receive restoration work to repair the damage.

What does the approval of payments depend on?

The maximum payment made by Rosgosstrakh under compulsory motor liability insurance after an accident in 2021 is determined by current legislation - namely, Art. 7 Federal Law No. 40:

no more than 500 thousand rubles - the maximum payment for harm caused to health or life (in relation to each victim, if there are several);
no more than 400 thousand is the maximum possible compensation for damage to property.

IMPORTANT
If the damage to the car exceeds the specified value, the victim, after payment from Rosgosstrakh, receives the right to recover damages from the tortfeasor in the manner established by the current civil legislation.

The form of compensation (money or repairs) in case of damage to property is determined in accordance with Part 15.1. and 16.1. Art. 12 Federal Law No. 40. That is, repairs in Rosgosstrakh will be carried out under compulsory motor liability insurance if the following conditions are simultaneously met:

a passenger car was damaged;
it is owned by an individual;
The car is registered in the Russian Federation.

In the cases specified in Part 16.1. Art. 12 Federal Law No. 40, as well as in case of harm to life or health, monetary compensation is provided, that is, when:

complete loss of the car after an accident;
the death of the victim or if the accident caused him serious or moderate harm to health;
the amount of repairs is more than 400 thousand rubles;
if the citizen injured in the accident is disabled of any group;
simply if there is an appropriate agreement between the insurance company and the victim (in writing);
The insurance company does not have an agreement with any of the services in the region of the injured driver.
the victim’s refusal to repair his vehicle at a service station with which the insurer, although he has a concluded contract, does not meet the requirements of Central Bank Regulation No. 431-P for organizing the repair of a specific victim’s vehicle (for example, if the service station is located further than 50 kilometers from the residence address of the policy owner);
the victim’s appeal under the PPV to his insurer, if the repair cannot be organized at the station that the victim previously indicated in the application for concluding an MTPL agreement.

Attention
The terms of settlement are specified in clause 4.22. Central Bank Regulations No. 431-P – 20 calendar days (except for non-working holidays).

Repair under CASCO

The abbreviation CASCO stands for “Comprehensive Automobile Insurance, Except Liability.” Unlike compulsory motor liability insurance, insurance under the CASCO program is voluntary. Therefore, each insurance company sets the terms and conditions of insurance under this program at its own discretion. To attract more clients and reduce the cost of the policy, some companies introduce restrictions on the number of claims, set limits on indemnified damage for each insured event or for the contract as a whole, but the basic principles of this program remain unchanged.

The essence of the CASCO program is as follows: all damage sustained by the policyholder’s car is repaired at the expense of the insurance company. To carry out repairs, the car is sent to a body repair station with which the insurance company cooperates. Under standard insurance conditions, the entire cost of repairs is paid by the insurance company. If during the work any hidden damage is revealed, the experts of the technical center independently coordinate their elimination with the insurance company. The car owner only needs to pick up his car on the appointed day after the repair is completed.

Not every technical center can get a referral for repairs. Since the insurance company is responsible for the quality of the repairs performed, you can only select a repair station from the list of official partners of the company. The lists of partners include only stations that have all the necessary equipment and have been actively working in the field of body repair for at least 5 years, but the main criterion for “selection” is the quality of repairs and the timing of their implementation. Many insurance companies constantly monitor the quality of services provided by technical centers. After completing the repair, they call all customers and, based on the feedback received, form ratings of auto repair centers. Stations receiving negative reviews are excluded from the list of partners.

Deadlines for submitting an application for payment

The deadlines for applying for compensation under compulsory motor liability insurance in Rosgosstrakh after an accident in 2021 are:

5 days – if the accident was registered according to the European protocol (clause 3.8. Regulations of the Central Bank No. 431-P);
3 years - in all other cases (Part 1 of Article 196 of the Civil Code of Russia) (if the accident was registered with the participation of the police, if a pedestrian comes forward who suffered damage to health as a result of a collision, etc.).

When is repairs beneficial instead of monetary compensation?

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The insurance company benefits from repairs in cases where the wear and tear of the car is minor, and therefore it is impossible to underestimate the amount of payments. Such cases include accidents in which cars no older than four years old were damaged.

The less time has passed since the car was released, the more profitable it is for the insurer to persuade the car owner to carry out repair work.

If the damaged car was manufactured less than two years before the accident, it must be restored by an authorized dealer. Repair prices in dealer workshops are much higher than in regular service stations. Accordingly, the insurance company's costs for restoring the car will be much higher than when paying monetary compensation.

For the car owner, the situation is exactly the opposite. If his car is less than three or four years old or is still under warranty, monetary compensation is more preferable for him.

How to get money under compulsory motor liability insurance instead of repairs

To obtain insurance in the form of cash payments, a car owner can use several rules established by law. You can insist on financial compensation in the following cases:

if the car repair shop where the repairs are to be carried out is located more than 50 km from the scene of the accident or the owner’s place of residence;
when a car was involved in an accident that was manufactured less than two years before the incident, and the insurance company does not have a service agreement with an official dealer of cars of this brand;
the car received total damage and was declared beyond repair;
the owner of the car was seriously injured during an accident and expressed in writing his desire to receive compensation in money;
the driver died as a result of the accident;
the victim has a disability group;
the cost of repairs exceeds the established limit of 400,000 rubles, and the owner of the car refuses to pay the difference;
restoration work exceeds the time limits established by law.

Required documents for submitting payments

In accordance with ab. 8 clause 3.10. Regulations of the Central Bank No. 431-P, in 2021 in Rosgosstrakh the victim provides:

the main package of documents (specified in clause 3.10. Regulations of the Central Bank No. 431-P - passport, power of attorney (if it is not the victim or beneficiary who applies), bank details, notification of the accident, application for payments, copy of the document on bringing the culprit to administrative responsibility or refusal to engage;
additional package (it depends on the type of insured event and what exactly will be compensated).

For example, if damage to health was caused, then you need to provide:

main package of documents;
to receive compensation for treatment in the hospital and payment for medications - specified in clause 4.1. Regulations of the Central Bank No. 431-P - that is, a certificate from the hospital on the list and nature of injuries, as well as from an ambulance station, a forensic expert’s report, a document confirming the determination of disability);
for compensation of lost earnings - specified in clause 4.2. Regulations of the Central Bank No. 431-P (certificate of average monthly income, a forensic expert’s conclusion on the level of loss of professional ability to work and other papers that certify the level of earnings of the victim).

applications for payment under compulsory motor liability insurance in Rosgosstrakh.

For your information

You can find out what papers are needed in a particular case on the official website of the RGS in the appropriate section.

By the way, on the RGS website you can also check the completeness of the collected documents - the system will tell you what is missing.

Your right to repair has been sold

A certain Bespaltsev (last name changed by the editors) encountered this situation in Tambov. He got into an accident through no fault of his own and contacted his insurer. The insurer sent his car for repairs. By chance, driving past a car service center, he decided to see what was wrong with his car. And what he saw horrified him. The body was simply cut up. And not along technological seams, but in pieces, cutting out part of the wing and the rear part. Then the car owner filed a claim with the insurer. Some of the shortcomings have been eliminated, but the main shortcomings remain. The car owner complained to the Central Bank about the insurer. Let us remind you that if the insurer sent the car for service, then he is responsible for the quality of the repair. And then one very interesting detail became clear: the Central Bank cannot hold the insurer liable, since the victim, it turns out, has transferred all his rights to settle matters with the insurer, as well as to receive payments, to the car service center. As proof, the Central Bank sent a copy of the assignment agreement under which such rights are transferred. But the victim did not sign this agreement and is seeing it for the first time.

He sued the insurer. He also wrote a statement to the prosecutor’s office about forgery of documents. The prosecutor's office handed him over to the police, where a criminal case was opened on this fact.

In court, the insurer insisted that it did not send the victim for repairs and could not even do this, since it did not have contracts with any car service center. And he sent the victim only for troubleshooting, that is, establishing the cost of restoration repairs. And what kind of documents the victim signed at the service is his problem.

At the same time, the director of the car service center approached the insurer with an agreement on the assignment of the right to claim payment, signed by Bespaltsev. The insurer paid the entire amount to the director of the car service, which is 111 thousand rubles. The independent technical examination, referred to by the court, states that “the scope of the work performed does not correspond to the initial inspection report, the body repairs carried out are irreversible, factory parts were sawn in places that do not correspond to the factory ones, and the repair itself is not provided for by the current documentation and standards for body repair . The average market cost of repairs excluding wear and tear is 77,921 rubles.”

And here the question arises for the insurer: how did he pay the money to the director of the car service center if a different policy number is indicated in the assignment agreement? Moreover, the policy is valid, under which another car is insured, of another car owner, not involved in this story.

If the insurer sends your car for repairs, make sure that he has concluded an agreement with the service. And no one is safe from document falsification

The Tambov District Court declared the contract between the car owner and the car service not concluded and ordered the insurer to pay an insurance compensation of 111 thousand rubles, a fine of 55,500 rubles and 14,500 rubles in damages in favor of Bespaltsev.

As it turned out, this is not an isolated case. The arbitration court has a ruling on the case between the same insurer and the car owner - a legal entity. The driver who brought the car for repairs signed the same agreement there. But the driver did not have the right to sign contracts on behalf of a legal entity. Therefore, the insurer paid everything out of court. It’s hard to say how many more such cases there are. It is clear where the different policy number came from in the agreement with Bespaltsev. They probably used a template to falsify the document. And they forgot to fix the old number.

“The scheme is simple,” explains lawyer and road safety expert Katerina Solovyova. — A man comes to the insurer. It is supposedly being sent for repairs. At the service, instead of an acceptance certificate for the car, they slip in an agreement for the assignment of the right to claim payment and all claims for repairs. Repairs are done anyhow. No one will be able to file a claim anyway. Then, instead of the victim, they receive a payment. That is, the repair costs 20 thousand, and the service under this agreement receives 100 thousand from the insurer. But in this case, nothing was slipped to the person. The signature was simply forged.

So if the insurer sends your car for repairs, make sure that he has concluded an agreement with the service. Don't sign papers without reading them. Well, no one is safe from chance, fakes.

Payment stages

To receive a payment in cash (if this is what you are entitled to, and not for repairs), the victim needs to:

fulfill the duties stipulated by the traffic rules for drivers involved in a traffic accident, that is, turn on the emergency lights, provide first aid to the wounded, call an ambulance and the police (clause 2.5., 2.6., 2.6.1.);
draw up documents about an accident (according to the European protocol or with the participation of the police);
after registering the accident, collect the necessary documents (see above);
submit them to the office of the insurance company within the established time frame (or send them by registered mail with a list of the contents);
monitor the status of loss settlement using the special Rosgosstrakh service ( note, tracking can only be done if notification of the insured event was made through an electronic service );
expect payment (or receive a referral for repairs, if there are grounds for it);
if compensation is refused, file a pre-trial claim, and if it is not satisfied, go to court.

Insurance companies…

It would seem that these organizations entered our lives not so long ago, but they have already quite firmly occupied a significant sphere of interests of Russian citizens, especially car owners. Remember how you learned about insurance companies and the services they offered from beautiful glossy brochures generously scattered in mailboxes, billboards mixed with road signs, colorful television commercials, etc. How could you not believe respectable men and charming girls, and even more so your favorite actor or famous showman, that by insuring your car with the company they advertise, you are simply doomed to a carefree life, no matter what happens.

You were assured that if an insured event occurs, you will immediately or as soon as possible receive compensation for the damage caused in the form most convenient for you. Having visited the office of the insurance company, you found additional confirmation of this in the person of the friendly and friendly employees of the CONTRACT DEPARTMENT , who happily filled out your data in the terms of the insurance contract (policy), offering a wide range of insurance products to choose from. Then you paid the insurance premium (contribution), and the contract began to be valid from the date specified in the insurance policy. Some time passed and, unfortunately, it happened...

As a result of a traffic accident (or other insured event), your car received damage of varying severity. You notified your insurance company about what happened, and the epic of “communication” began with the employees of the LOSS SETTLEMENT DEPARTMENT .

We would not like to accuse all insurance companies of non-fulfillment or improper fulfillment of their obligations. Among them there are those who are able to pay insurance compensation in the manner prescribed by law and the contract, or come to reasonable compromises in the claim procedure, but there are very few of them. The vast majority of insurance companies make this procedure unbearable or simply ignore the legal requirements of policyholders.

In the best case, the insurance company will begin to delay the payment terms in every possible way, i.e. To begin with, they will “punch” your brains by collecting all kinds of documents and requesting written explanations. Then all kinds of bosses, experts, specialists, service station employees of the insurance company, etc. will coordinate your insurance claim.

At the same time, both the girls from the call center and the girls at the reception, with each of your calls, will not be able to definitively answer a simple question: when will you finally receive your insurance payment? They will explain to you that nothing depends on them, and those on whom at least something depends in this case are now at a meeting with management, on a business trip, will be there tomorrow (next week), etc., so call or come back next month.

Based on practice, such a “settlement” of compensation for damage (and not necessarily with a positive result) can last on average 6 - 9 months, and this is provided that you call them more often than your loved ones and/or go to them as if you were at work.

Another option that is extremely popular among insurance companies is the improper fulfillment of obligations as a significant underestimation of the amount of the insurance payment, which in fact is not enough to cover half the cost of car repairs. It is expressed in the fact that employees of the relevant department of the insurance company, or its “independent” appraisers (unless they are not on staff), calculate the cost of restorative repairs of the car in violation of the conditions specified in the policy and/or Insurance Rules, determining the cost of spare parts and restoration work literally “from the ceiling” and artificially lowering it.

There are also frequent cases of unjustified refusal to pay insurance compensation, and its motivation is sometimes literally amazing in its simplicity and immediacy. One of our clients, a well-known insurance company, refused to pay insurance compensation due to the fact that he had to comply with traffic rules, and this despite the fact that from the documents issued by the traffic police it followed that the second participant in the accident was recognized as the culprit of the accident. and the violator. At the same time, the insurance company in writing “expressed its sincere hope” that such a blatant refusal would not in any way affect the further continuation of the contractual relationship.

Recently, among insurance companies, such a method as the deliberate settlement of payments on the basis of total or constructive loss of the car, the so-called “total” . It consists in the fact that the insurance company, having inspected the damaged car and calculated the cost of restoration repairs, this time artificially inflates it so that it exceeds a certain limit (usually 60 - 75% of the insured value of the car specified in the insurance policy) . Upon completion of this procedure, the insurance company will already call your car “usable remains” and offer to obtain insurance on the following conditions: Option 1. The car remains with you, but the percentage of depreciation calculated in accordance with the Insurance Rules and the cost of useable parts will be deducted from the amount of insurance compensation balance, which the insurance company will naturally inflate in order to pay you less. As a result, the insurance payment will not be enough to repair your car, and the insurance policy will cease to be valid due to the destruction of the subject of insurance. Option 2. The car is transferred to the insurance company. The percentage of depreciation, which by this time can be significant, is deducted from the amount of the insurance payment. Thus, for the amount received, you, as a rule, will not be able to purchase a similar car in the same condition and configuration, and the insurance company compensates for its expenses by selling supposedly “usable remains.” It is possible to describe at length and in detail the ways insurance companies evade and/or refuse compensation for damage caused; their variety is great and is constantly being developed and improved by the legal departments of the companies.

The main thing is this: the insurance company is happy to accept money from you and is extremely reluctant to part with it. You can combat this phenomenon with varying degrees of effectiveness by going to court yourself or with the help of a lawyer or other independent lawyer.

Independent participation in court, on the one hand, does not entail costs for you for legal assistance, on the other hand, it reduces the chances of success, since you will be confronted by a professional lawyer of the insurance company. In addition, you will need to take time off from work and spend a certain amount of time on legal proceedings.

The assistance of a lawyer or a third-party lawyer will require significant additional costs to pay for their services (depending on the complexity of the case, the “appetite” of the specialist, etc.) and also does not guarantee a positive outcome of the case. By the way, please note that if a lawyer (lawyer) directly guarantees that he will certainly win the case and you will receive money as soon as possible, it is better to say goodbye to him right away - most likely, he is either a self-confident idiot or an unscrupulous person and his goal is only to get fee from you.

In both of the above cases, the period for receiving insurance compensation, in the best outcome of the case, will be approximately six months to a year, and in the worst case, the case will be lost and you will not receive anything. We think that ninety-nine percent of car owners who have already encountered an insurance settlement will confirm the above. So what do we offer you? Fast and high-quality repairs of your car in exchange for the assignment of the right to claim payment from the insurance company. The advantage of our offer compared to the options described above is that you almost immediately receive a repaired car (with a guarantee similar to that provided by official dealers) and return to your normal life, and paying for its repair remains our problem and does not entail any additional costs for you and time costs.

Deadlines for payments under compulsory motor liability insurance at the RGS

The standard period for making compensation is 20 days.

There are no exceptions - only the case specified in clause 4.17.2. Provisions of the Central Bank No. 431-P, but it relates to restoration repairs. That is, not within 20, but within 30 days, the RGS will issue a referral for repairs under compulsory motor liability insurance, when the victim, whose vehicle was damaged, chose a repair station with which Rosgosstrakh does not have an agreement, and the RGS agreed that the vehicle should be restored. at such a service station.

Attention

In the case specified in paragraph. 3 clause 4.22. Regulations of the Central Bank No. 431-P (that is, when beneficiaries apply for money - for example, if the victim died at the scene of an accident), the same standard 20-day period applies, since within 15 days the RGS collects documents for compensation from beneficiaries in connection with the death of the victim, and then within 5 days he is obliged to pay the money. But you need to take into account that this very 20-day period in this case begins to count after the first application from any beneficiary is submitted (there may be several of them).

Insurance company ROSGOSSTRAKH - reviews

Failure to provide quality repairs under MTPL

I have been insured for 10 years, all this time without insured events in which I would be guilty.
Accordingly, I bring only profit to the company. The latest EEE policy No. 1005576308. In February of this year, an insured event occurred, I was not the culprit of the accident. Among the damages: front bumper and left headlight - to be replaced, bumper to be painted + possibly hidden damage. I contacted my insurance company with a request for a referral for repairs: on February 27, the vehicle was inspected by an appraiser from Rosgosstrakh, and a couple of days later I received a list of service stations. To be honest, there was no choice, because... only one station is from my city of Kolomna, the rest are at a distance of 120-300 km. I chose the station in Kolomna (IP Lartsev D.S.). On March 6, I received a referral from the insurance company for repairs and a telephone number to contact a service station representative. So, from March 6 to April 13, I am trying to repair my car: telephone number of the organization IP Lartsev D.S. turns off stably for 3 days every week, that is, quickly solve the org. moments didn’t work out; there was a case when they made an appointment for me, but the manager forgot, he was not there, other people could not resolve the issues (and there is only one person working in this “organization”, and this is not even D.S. Lartsev, who will appear later - for settlement of legal issues). A couple of weeks later my car was inspected and it was proposed to repair it with non-original spare parts. in parts (because I refused to pay the difference). I am waiting. I was mentally prepared to leave the car at the service station for a couple of days while the repairs were being carried out, but I was “delighted” that the entire repair would last 2 hours: they would paint the new bumper in advance, I would bring the car in on the appointed day, the employee would install the bumper and headlight - and I could pick it up. “What about ‘possibly hidden defects?’” I asked. — “How will you coordinate with the insurance company during these 2 hours if additional payments are required? work to eliminate them? “I’m sure there are no hidden defects,” answered the “person” IP Lartseva D.S., taking a quick look at the bumper (as you understand, no one removed the broken bumper at the station, no one checked for the presence/absence of hidden defects checked). April 13, the last day of the time allocated for repairs (according to the “Law on Compulsory Motor Liability Insurance”), i.e. on the 30th day after I signed the documents with IP Lartsev D.S., and this happened 2 weeks later than the day when the insurance company sent me to them, I brought the car for repairs. It is worth noting that I repeatedly asked the service station employee to do the repairs well, not to buy the cheapest of non-original bumpers (I know the amounts allocated by the insurance company for repairs, I know the prices for original and non-original spare parts, I know good/bad manufacturers of spare parts - I voiced everything to the “person”). The manager replied: “It’s not about the price, you can deliver a bad one well.” They didn't succeed. When I asked what we would do if I was not satisfied with the result of the repair, he could not answer anything. After 3 hours I pick up the car - the repair was bad: the color shade was chosen poorly, the difference is visible to the naked eye. The headlight does not match the configuration of my car (there is no automatic headlight leveling), now one headlight shines higher, the other is adjustable. Also, the installation of the headlight itself was carried out so that the new headlight is now always on and never turns off. Gaps and cracks on the bumper can, of course, be attributed to a non-original part. part, however, they installed it in such a way that everything rattles when driving, even on a flat road, not to mention rocky and bumpy ones... I didn’t sign the acceptance certificate, I asked for it to be redone. The manager replied: “And if you don’t like it the second time, then what? We can’t do it well.” I was also asked to choose the color myself and bring it to them and they would repaint it. They refused to fix everything else. On April 17, I wrote a claim addressed to IP Lartsev D.S. By the way, the manager was not aware of the situation, and saw the car already at the moment when I arrived with a claim. Signed. On the same day I filed a claim with Rosgosstrakh. The first claim is against IP Lartsev D.S. - attached. A few days later there was a verbal response from the insurance company that they accepted the claim and gave me a new referral for repairs at another service station. When I came for the list of service stations with which the Rosgosttrakh company works, I noticed that it had been significantly reduced. There were literally 5 stations: one in Moscow, the rest in the near and far Moscow region, but in the opposite direction from my city. That is, the nearest station is 120 km, which contradicts the “Law on Compulsory Motor Liability Insurance”, according to which the station must be located at a distance of no more than 50 km from the victim’s place of residence. After studying the legislation, I wrote an application to the Rosgosstrakh company and offered to give me a referral to a service station in my city, with which my insurance company does not have an agreement (the law provides for this option). I chose a service station (the place where I had repaired my car more than once and was satisfied with the result of the work), asked them for details and a preliminary invoice for the work. All documents are attached to the application. Sent on April 27th. There was silence from Rosgosstrakh for almost 3 weeks. Then there was a call from the insurance company demanding a 3-party inspection: me, a representative of Rosgosstrakh and individual entrepreneur D.S. Lartsev. I agreed and set a day and time. An hour later, I received aggressive calls from D.S. Lartsev, who shouted that it was all my fault, that I was stalling for time, that I didn’t provide the car for repairs, that I couldn’t do it all the time - and what am I trying to achieve now? There were also calls to my husband demanding an explanation. On the appointed day, a tripartite inspection took place; a representative of the insurance company Rosgosstrakh carried out an inspection, assessment and confirmed the unsatisfactory quality of the repair work. An act was drawn up. A few days later, a representative of the Kolomna branch of Rosgosstrakh called me and asked if I agreed to go to such and such a station in Moscow. I say: “No, because it’s more than 50 km.” Next, I daily updated the status of my payment case on the Rosgosstrakh website - it changed daily from “You have been given a direction for repairs” to “Calculation of damage is being carried out on your case.” It all ended with the status: “Your claim for insurance compensation has been denied.” I'm being denied something I didn't ask for, Karl! I did not ask for a monetary payment, I demanded that the car damaged by a bad contractor be repaired elsewhere. And they refused to pay me money. Now I’m driving a rumbling car, the headlight of which shines non-stop, and the market value of which, after such “repairs,” has dropped by several tens of thousands of rubles, because the defects are visible to the naked eye! Question for experts: why do I need a compulsory motor liability insurance policy if I pay money for creating even bigger problems? Without a compulsory motor liability insurance policy, we could reach an agreement with the person responsible for the accident, who would pay for the repairs. And now I can’t force the culprit to pay for repairs, I can’t force IP Lartsev D.S. voluntarily and efficiently eliminate repair deficiencies. And now I will communicate with the insurance company only through a judge. And what’s interesting is that until September 18 I am bound by a contractual relationship with this unscrupulous insurance company. And if there is an accident, for which I again will not be to blame, I will again be forced to “butt heads” with Rosgosstrakh, waste my time and nerves!

Application for MTPL payments Rosgosstrakh Online

Attention! Application cannot be made online. This is clearly stated in the penultimate paragraph of Part 1 of Art. 12 Federal Law No. 40. That is, the application and documents can still be submitted electronically, but solely for the purpose of checking the completeness (and not to receive a payment). But you can notify the RGS about an insured event under MTPL online (just notify, nothing more).

Thus, the application and documents are needed:

or deliver in person;
or send by mail.

There is confirmation of this in ab. 5 hours 1 tbsp. 12 Federal Law No. 40, which says about personal appeal and mail, but says nothing about the possibility of submitting documentation via the Internet.

Procedure at the scene of an accident

In the event of an accident, you need to remain calm, help other victims, and quickly notify emergency services. There is no need to touch anything, move equipment, and most importantly, do not leave the scene of the accident .

Article on the topic: Registration and authorization of the personal account of IC "Rosgosstrakh"

guarantees an attentive, individual approach to each case. Each stage is monitored and checked for compliance with legal standards.

What determines the amount of payments?

The amount of payments under Rosgosstrakh compulsory motor insurance after an accident in 2021 depends on:

on the type of insured event (damage to property or health);
from the category of the victim (for example, the beneficiaries are paid in a fixed amount of money, regardless of any factors - 475 thousand rubles - paragraph 2, part 7, article 12 of Federal Law No. 40, and victims whose property was damaged are not a fixed amount, and in the amount of expenses necessary to bring the vehicle into the condition in which it was before the accident - paragraph 2 of clause 4.12 of the Central Bank Regulations No. 431-P);
on the specific circumstances of the insured event - for example, if the accident was registered according to the European protocol, then the amount of compensation in the most frequent cases does not exceed 100 thousand (in the absence of disagreements and registration of the Euro protocol using the mobile application "DTP.Europrotocol", the maximum amount increases to 400 thousand st. 11.1. Federal Law No. 40), or, for example, if the victim’s vehicle is completely destroyed, compensation is paid in the amount of the actual (market) value of such a car (and not in the amount of expenses necessary for repairs - paragraph 2, clause 4.15. Central Bank Regulations No. 431-P).

Which companies can you do it with?

If there has been an accident, the injured person may receive a referral for repairs within 20 calendar days after filing an application for an insured event, as a result of which he suffered losses.

Moreover, repairs can only be made at a service station offered by the insurance company.

It follows from the text of the legislative act that the delay in payment for repairs by the insurer should not be the reason for the untimely delivery of the car from repair to the injured person.

Consequently, the blame for the delay in repair work falls on car services and service stations that provide car restoration services.

How to find out the amount of payment under OSAGO in the Rosgosstrakh company, see the article: Rosgosstrakh payments under OSAGO. You can find information about the cost of compulsory motor liability insurance in Reso in this article.

Reasons for refusal of payments

In 2021, Rosgosstrakh may refuse to provide compensation in the following cases (including, but not limited to):

the 5-day (with a European protocol) or 3-year deadline for filing a complaint (when registering an accident with the participation of the police) has been missed;
knowingly forged or forged documents were provided;
the RGS has no obligation to provide compensation at all (for example, if the culprit does not have civil liability insurance or has the right to PPV, and the victim turned not to his company, but to the culprit);
an unauthorized person (that is, not a victim or beneficiary) applied;
the presence of the circumstances specified in clause 4.28. Provisions of the Central Bank No. 431-P, that is, damage to property or health was caused due to force majeure circumstances, the intent of the victim himself, etc.

What are the consequences for failure to comply with the repair deadline under OSAGO?

The penalty for violating the period allotted for restoration work is half a percent for each day. To obtain it, you must submit a corresponding claim to the insurance company, and not to the service station. It is the insurer that will make the payment.

The maximum penalty for failure to comply with both deadlines can reach the amount of insurance compensation. This means that if damage to the vehicle was caused according to an estimate of 300 thousand rubles, then even if there is a delay of six months, the insurer will pay a penalty of only 300 thousand rubles. However, in judicial practice this is rare; usually the amount is underestimated with reference to Article 999 of the Civil Code, which implies a reduction in the amount to “adequate”. Often, judges consider the maximum penalty to be too large, and the motorist simply wants to enrich himself.

If you have to seek justice through the courts, then the insurer will be obliged to provide additional “bonuses” - a fine for refusing compensation or for failure to meet deadlines. Usually its value is half of the unreimbursed damage, unpaid penalty or additional costs.

The advantage is the ability to quickly and inexpensively find a lawyer. Many of them have practical experience and good knowledge of insurance legislation, since drivers often go to court after the insurer fails to satisfy all requirements. Greater competition in the market has made it possible to reduce prices for services. The courts often side with the motorist. In this case, the defendant must reimburse the costs incurred during the litigation, including legal fees.

Actions if Rosgosstrakh refuses to pay under compulsory motor liability insurance

The pre-trial procedure for resolving disputes regarding “motor civil law” in 2021 is mandatory (clause 2, part 1, article 16.1. Federal Law No. 40). That is, before going to court, you need to send a pre-trial claim to the RGS and attach to it documents confirming the fact that the MTPL insurer is wrong.

The deadline for filing a claim is not regulated by either Federal Law No. 40 or Central Bank Regulation No. 431-P. The only period set for its consideration by the insurance company is 10 calendar days from the date of receipt.

IMPORTANT

If the RGS does not consider the claim within the specified period, or does not fulfill the obligation to provide compensation under compulsory motor liability insurance, then you will need to go to court.

Repair according to OSAGO

OSAGO is “Compulsory Automobile Liability Insurance”. This program is mandatory for all car owners - it is prohibited to drive a car without an MTPL policy. Under the MTPL program, the insurance company compensates for damages to an innocent participant in an accident. Since its inception, the rules of civil liability insurance have undergone significant changes. Currently, injured participants in accidents are protected from bankruptcy of the insurance company of the person responsible for the accident, have the opportunity to choose a company that provides compensation for damage, and in 2021 a new concept has appeared in the legislation - “in-kind compensation for harm.”

If your car is involved in an accident that was not your fault, then the insurance company of the culprit must compensate for the damage caused to you. In this case, a claim for compensation for damage can be submitted both to the insurance company of the culprit and to the company that insured your car. In addition, the innocent participant in the accident can now choose the type of compensation. The legislation provides for two main types of compensation - cash payment or “in-kind compensation” (that is, sending the damaged car to a technical center for restoration).

Compensation through cash payment has a number of significant disadvantages - first of all, it is wear and tear of parts, by the amount of which the calculated amount is reduced. In addition, in order to receive full payment, you must independently organize an inspection by an independent expert in the event of hidden damage and re-contact the insurance company with a statement.

The introduction of “in-kind compensation for harm” is intended to rid the MTPL program of all of the listed shortcomings. Under new rules that came into force in 2021, the insurance company can send your car to a body repair station for restoration. The new operating procedure of the MTPL program has become much more convenient for car owners. All you need to do is contact your insurance company and get a referral for repairs. After this, you need to deliver the car to the technical center and pick it up after the repair is completed. All issues related to the coordination of hidden damage, the amount and timing of payment for repairs are resolved between the body repair station and the insurance company without the participation of the car owner.

However, the following fact should be taken into account here: the amount of payment for repairs is strictly regulated by law and is determined by the conclusion of an independent examination. The insurance company has no right to change the payment amount either up or down. The presence of hidden damage that can be identified during the repair process must also be recorded by an independent expert. When choosing a station for repairs under MTPL, it is necessary to take into account the likelihood of detecting these hidden defects. Car service centers that do not have expert departments are forced to stop repairs, call an expert and wait for his arrival to inspect hidden defects. Our station has an independent examination unit, so repairs under compulsory motor vehicle liability insurance are carried out without delays.

If your car was damaged in an accident and you would like to have it repaired in our technical center, you need to find out whether your insurance company or the insurance company of the person responsible for the accident is among our partners. If so, we will be happy to help you! For clients of some insurance companies, we provide a free remote claims settlement service.

Claim

There is no form provided on the RGS website in the corresponding section “Pre-trial claims”.

Accordingly, since there is no unified sample from Rosgosstrakh, the victim must, when drawing up, be guided by the general requirements specified in Chapter 5 of Central Bank Regulation No. 431-P, that is, be sure to indicate in the text of the document:

name of the insurer;
Full name of the victim;
return address for sending the RGS a response to the claim;
bank details for transferring funds;
description of specific requirements (for example, to pay so much based on the results of an independent examination, or other).

In addition to personal delivery or mail, you can send a complaint to Rosgosstrakh under OSAGO:

in electronic form using a special service;
by e-mail

complaints to the insurance company under compulsory motor liability insurance.

When a service station requires additional payment for repairs under MTPL

There is often a situation in which a driver comes to a technical service center and is informed that the amount transferred by the insurer is not enough to repair the vehicle. As a result, the service station may ask the vehicle owner:

cover the missing amount yourself;
leave some elements without repair;
install spare parts that were previously in use.

Currently, such requests are not legal. The current legislation of the Russian Federation establishes that the insurer must fully compensate for damage without additional payments. Unlike financial compensation, in which calculations are made taking into account the wear and tear of the car, when providing a referral for restoration, wear and tear will not be taken into account.

The lack of transferred funds is not a problem for the car owner. The car service center should not worry about this either. This issue must be resolved exclusively by the insurance company. In such a situation, the car must be presented to the service station under video recording, and the refusal to accept it must be recorded, indicating the reason for the refusal. After this, you need to contact the insurer and report the incident.

When an attempt has been made to provide the vehicle, the period for restoration work begins - 30 days. Since the Federal Law “On Compulsory Motor Liability Insurance” indicates the beginning of this period. It states: “The period for carrying out restoration work on a damaged vehicle (no more than 30 working days from the moment the vehicle is provided to the injured party at the service station or transferred to the insurance company for the purpose of organizing its delivery to the place where the repair work is carried out).