Terms of compensation for damage received
It is worth highlighting two situations with glass damage, in which the chances of payment under compulsory motor liability insurance are different.
The first case is damage resulting from an accident. If a part is broken as a result of a car collision or a stone hits your windshield from under the wheels of another car, OSAGO may cover the cost of a new glass.
In the event that an object (stone, branch, etc.) accidentally gets into the windshield, OSAGO insurance especially does not cover the costs of installing a new part, because the stone or tree does not have a policy.
As for CASCO insurance, which, it would seem, in any case compensates for the damage to the client, then accidental damage to the glass is not an insured event. It is interpreted like this.
Many vehicle owners are concerned about the question of how exactly the replacement is made, and what kind of glass is installed? To get an answer to your question, you must also study the terms of the insurance contract.
If it does not say anything about the establishment of analogues, then in this case the insurance company is obliged to ensure the installation of original glass purchased from the manufacturer. This is a mandatory requirement.
As a rule, almost all insurance companies do this. At the same time, it is also necessary to remember that the insurer is obliged to ensure not only the installation of the original factory glass, but also to restore all the elements that were provided by the manufacturers for this make and model of the car (for example, factory tinted glass, etc.).
We list the main requirements for damage in which the insurance company will agree to compensate the policyholder for damage received:
- Damage to the glass must be caused by mechanical force. A sharp temperature change does not lead to an insured event. Experts are sufficiently qualified to recognize the cause of damage.
- The driver could insure a car that already had a defect on the windshield. In this case, during the pre-insurance inspection, the owner of the car will be asked to sign an inspection report. The document will describe all damage to the car at the time of conclusion of the contract. In the future, these damages will not be taken into account when calculating compensation.
- If the car is located far from the region where the policy was obtained, and an insured event occurs, you can request urgent repairs from the insurance company. In such cases, few organizations require certificates of the fact of an accident, therefore, the policyholder will receive repairs.
Procedure
In cases where the design of the previous glass included additional elements, the new part must be equipped with the same functions. For example, you cannot install new glass without a rain and light sensor, if the old one had these devices.
The presence of heated windows and the type of adjustment - automatic or manual - are also taken into account.
If you tinted the previous glass yourself, the insurance company is not required to apply the tint to the part being installed. Exception: tinting must be maintained if it was factory.
The replacement station is usually chosen by the insurance company. Most likely, you will be sent to a service that specifically deals with the replacement and repair of glass parts. Pros: speed and professionalism. And the main advantage for the insurance company is that the work costs less than a dealer service.
Replacing a windshield under CASCO covers absolutely all costs. Dismantling of old glass is carried out at the expense of the insurance company; insurers pay for new glass, a repair kit, as well as installation.
The new part will not necessarily be original; according to CASCO terms, complete originality does not have to be observed. Companies prefer to install glass manufactured by third parties, but under a license from the manufacturer. This part is cheaper.
The replacement part may not have a light protection strip. To prevent this from happening or to prevent you from having a stripe of a different color installed, discuss this issue with the service technicians in advance.
You should pay attention to whether there was a heat-protective or laminating layer on the glass part. If the car is new, this function most likely existed.
The plot of this story began to spin almost a year ago, in September 2016. Then a resident of Petropavlovsk-Kamchatsky was driving her car along one of the local dirt roads following another car. At some point, a particularly powerful sheaf of gravel flew out from under the wheels of the vehicle in front and hit the windshield of the main character’s car.
The amount of material damage, according to the results of an independent examination, subsequently organized by the injured car owner, amounted to about 60,000 rubles. Madame, having decided that what happened was not covered by compulsory motor liability insurance, filed a lawsuit against the culprit of the incident demanding compensation of 85,150 rubles - taking into account the cost of damage, the cost of conducting an examination and legal expenses.
However, the Petropavlovsk-Kamchatsky City Court assessed what happened in its own way. He decided that the immediate cause of the accident was the defendant’s violation of traffic rules: the driver did not take into account the condition of the road surface, the technical features of his car and, as a result, allowed gravel to be released from under the rear wheels of his car.
In addition, in the norms of federal law there is no indication that an insured event occurs only when there is direct contact (collision) of two vehicles during an accident. On this basis, the owner of a car with a broken gravel glass was denied a claim against the culprit of the incident. Following the logic of the court, she should have filed an accident under compulsory motor liability insurance and applied for compensation from her insurance company.
This approach to the situation was confirmed in the appellate instance - in the Kamchatka Regional Court. Taking into account this court decision, we can recommend the following algorithm of actions when a stone from a car in front breaks the front wheel of your car. After the impact, we record the number of the shooter’s car using, for example, a DVR.
Ideally, we stop it somehow. Next, we call the police, file an accident report and notify the insurance company. If she refuses to compensate, we rub the insurer’s nose in the decisions of the Kamchatka courts. If this doesn’t work, we go to court and win the case, receiving also a penalty from the insurance company.
READ MORE: How insurance companies deceive us under compulsory motor liability insurance
All this is great, but what a misfortune: when registering our accident, it will almost inevitably turn out that the offending car “fled the scene of the accident.” Despite the fact that her driver had no idea what had happened. But what is deprivation of the “rights” of an actually innocent person compared to material compensation for our damage, right?
Many Russian car owners do not know that the driver can demand compensation for damage if, for example, a stone flew into the windshield. It turns out that such cases are classified as a traffic accident and you can receive a payment under compulsory motor liability insurance.
Rockfalls happen not only in the mountains, for example, small pebbles on the road from a car in front.
Flying out from under the wheels they can seriously damage your car. For example, the windshield. Even the most careful driver is not immune from this annoying nuisance. It is simply impossible to react. A foreign object hits with the speed of a bullet.
And now you are looking at the world from behind a path of cracks, like a spider. Agree, it’s not very pleasant. Especially in the evening, when the mini-mesh glares and blinds the driver.
However, few people know that damage can be compensated.
The fact is that, according to the law, hitting glass with a stone is considered a traffic accident, which means there is always a victim and a culprit.
Utility service organizations are responsible for maintaining the roads in good condition; they are required to monitor not only the absence of potholes, but also any foreign objects on the road surface.
If you have been damaged by cobblestones, you can safely demand repairs from the road workers.
It is necessary to record the fact that the stone flew out from under the wheel and hit the car. If there is a video recorder, it’s pretty good - we have video material; if there is no recorder, we have testimony from witnesses.
Call the traffic police to the scene of the incident.
We receive a certificate of damage.
With this certificate we go to court.
However, if the road is undergoing repairs and the corresponding signs indicate this, then the road workers have nothing to do with it.
If, as a result of the fact that the place was fenced and there were special signs and the driver should not have entered this zone, in accordance with the traffic rules, but the driver entered this zone and a stone or other object flew out of there, then compulsory motor liability insurance will work in this situation.
This means that the driver of the car, from under the wheels of which the ill-fated stone flew out, is recognized as the culprit of the accident. He did not take into account road conditions and caused an accident. Broken glass, according to the rules of OSAGO, is obliged to replace it by the insurance company.
The algorithm of actions is the same as indicated above, with the exception of the last point. First, we go to the insurance company with an application for insurance payment, and only if the insurer refuses to pay, then we go to court.
Experts emphasize that you cannot save on this procedure. If the thought flashed through to install non-original glass, throw this thought out of your head. This is a technically complex, science-intensive product; analogues, as a rule, consist of low-quality materials and can distort the picture like a lens.
The Carglass® company provides auto glass repair and replacement services. We use the same parts that automakers install on assembly lines. We always have more than 50 thousand auto glass for most popular car models. Even if the part is not in stock, we will order it directly from the factory.
If your car was damaged in an accident and it was not your fault, you can demand compensation from the offender’s insurance company for damages caused. After registering an insured event in accordance with Russian legislation, you have the right to compensation. Windshield replacement services under OSAGO will not cost you anything if the policy covers the costs. The damage will be compensated by the insurance company in which the person responsible for the accident is insured.
How to replace a windshield broken by a stone according to OSAGO
The plot of this story began to spin almost a year ago, in September 2016. Then a resident of Petropavlovsk-Kamchatsky was driving her car along one of the local dirt roads following another car. At some point, a particularly powerful sheaf of gravel flew out from under the wheels of the vehicle in front and hit the windshield of the main character’s car. The amount of material damage, according to the results of an independent examination, subsequently organized by the injured car owner, amounted to about 60,000 rubles. Madame, having decided that what happened was not covered by compulsory motor liability insurance, filed a lawsuit against the culprit of the incident demanding compensation of 85,150 rubles - taking into account the cost of damage, the cost of conducting an examination and legal expenses.
However, the Petropavlovsk-Kamchatsky City Court assessed what happened in its own way. He decided that the immediate cause of the accident was the defendant’s violation of traffic rules: the driver did not take into account the condition of the road surface, the technical features of his car and, as a result, allowed gravel to be released from under the rear wheels of his car. Considering that the road accident occurred with the participation of two vehicles, and the civil liability of the culprit at that time was insured under MTPL, the court came to the conclusion that the road accident in question was an insured event.
In addition, in the norms of federal law there is no indication that an insured event occurs only when there is direct contact (collision) of two vehicles during an accident. On this basis, the owner of a car with a broken gravel glass was denied a claim against the culprit of the incident. Following the logic of the court, she should have filed an accident under compulsory motor liability insurance and applied for compensation from her insurance company.
This approach to the situation was confirmed in the appellate instance - in the Kamchatka Regional Court. Taking into account this court decision, we can recommend the following algorithm of actions when a stone from a car in front breaks the front wheel of your car. After the impact, we record the number of the shooter’s car using, for example, a DVR. Ideally, we stop it somehow. Next, we call the police, file an accident report and notify the insurance company. If she refuses to compensate, we rub the insurer’s nose in the decisions of the Kamchatka courts. If this doesn’t work, we go to court and win the case, receiving also a penalty from the insurance company.
All this is great, but what a misfortune: when registering our accident, it will almost inevitably turn out that the offending car “fled the scene of the accident.” Despite the fact that her driver had no idea what had happened. But what is deprivation of the “rights” of an actually innocent person compared to material compensation for our damage, right?
www.avtovzglyad.ru
What types of glass damage are repaired under insurance?
Glass replacement is not provided in all cases, even under CASCO insurance. Before replacing the windshield under CASCO or repairing it, determine the extent of the damage. There is a classification of defects, depending on which the type of compensation is assigned. Some damages do not qualify as insured events.
In order to correctly understand the procedure for replacing a windshield, you must first find out what types of damage there are and in what cases a complete replacement is carried out.
MORE: Ingosstrakh - hotline number
Glass replacement is not provided in all cases, even under CASCO insurance. Before replacing the windshield under CASCO or repairing it, determine the extent of the damage.
There is a classification of defects, depending on which the type of compensation is assigned. Some damages do not qualify as insured events.
- glass is broken;
- the glass part is cracked;
- chips appeared;
- abrasions have formed.
Based on the type of defect, the insurance company prescribes a measure (full replacement, repair) or recognizes the absence of an insured event.
When the fact of broken glass is obvious, under the terms of the CASCO agreement there are no other options other than replacing the part with a new one. The answer to the question whether it is possible to replace a windshield under compulsory motor liability insurance is only in the event of an accident.
Crack
A deep scratch or crack on the front “panorama” will, in any case, render the part unusable over time. The defect will grow and the glass will require replacement.
In order to prevent unexpected glass breakage during travel, it is advisable to offer the client a replacement part under CASCO insurance. If your insurer gives you the choice of replacement or compensation, ask for the replacement because you will need it anyway.
When a chip forms on the windshield of your car, CASCO provides for a choice of measures depending on the situation. In most cases, replacement is offered only if the chip has reached a value of more than 3 mm.
If the defect is smaller, the insurance company may pay to repair the part. This is logical, because a small chip, unlike a crack, will not necessarily grow and render the glass unusable.
But the repairs need to be formalized, and you need to know your rights. After all, the goal of the insurance company is to restore the car as cheaply as possible.
You can familiarize yourself with the list of required documents, the timing and procedure for repairs, and possible problems in the general article “Repairs under CASCO.”
How are such insured events specified in the policy?
CASCO, depending on the insurance company, prescribes various options for insurance cases in which the windshield may be damaged.
For example, if under the contract the policyholder can apply for compensation without providing certificates, then the windshield will be repaired or replaced immediately at the expense of the insurance company.
If this is not possible, then if a new crack is discovered on the front glass, the car owner will need to call the traffic police to record the damage and draw up a report.
Some contracts may limit the number of times the policyholder can claim the occurrence of an insured event under CASCO insurance.
Most often, insurers limit clients to two claims for compensation per year.
Reference! The policyholder will need to pay for the remaining damage to the vehicle themselves.
In cases where a full policy is purchased, the number of claims is not limited, but the cost of such CASCO insurance will be significantly higher.
To get an answer to this question, you must first familiarize yourself with the terms of the CASCO insurance contract, which stipulates all insured events.
After all, all insurance companies offer their clients different CASCO insurance conditions, and there may be cases when replacement of damaged glass is not included in the list of insured events.
As a rule, the replacement of a windshield is specified in the contract, as is the replacement or repair of glass elements of a vehicle.
Such elements include not only the windshield, but also other vehicle windows, headlights, mirrors, etc.
Many people are interested in the question of whether it is possible to replace damaged vehicle glass if there is a franchise.
In fact, the scheme is quite simple: if the deductible amount is much higher than the cost of glass replacement, then contacting the insurance company does not matter.
For example, if the CASCO insurance contract establishes a deductible of 20,000 rubles, and the full package of services for replacing damaged glass is only 14,000 rubles, then the insurance company will refuse to pay insurance compensation.
It is necessary to pay special attention to this fact and carefully read the terms of the insurance contract before submitting the corresponding application.
What to do if a stone hits the glass?
Rockfalls happen not only in the mountains, for example, small pebbles on the road from a car in front.
Flying out from under the wheels they can seriously damage your car. For example, the windshield. Even the most careful driver is not immune from this annoying nuisance. It is simply impossible to react. A foreign object hits with the speed of a bullet.
And now you are looking at the world from behind a path of cracks, like a spider. Agree, it’s not very pleasant. Especially in the evening, when the mini-mesh glares and blinds the driver.
However, few people know that damage can be compensated.
The fact is that, according to the law, hitting glass with a stone is considered a traffic accident, which means there is always a victim and a culprit.
Utility service organizations are responsible for maintaining the roads in good condition; they are required to monitor not only the absence of potholes, but also any foreign objects on the road surface.
If you have been damaged by cobblestones, you can safely demand repairs from the road workers.
It is necessary to record the fact that the stone flew out from under the wheel and hit the car. If there is a video recorder, it’s pretty good - we have video material; if there is no recorder, we have testimony from witnesses.
Call the traffic police to the scene of the incident.
We receive a certificate of damage.
With this certificate we go to court.
However, if the road is undergoing repairs and the corresponding signs indicate this, then the road workers have nothing to do with it.
If, as a result of the fact that the place was fenced and there were special signs and the driver should not have entered this zone, in accordance with the traffic rules, but the driver entered this zone and a stone or other object flew out of there, then compulsory motor liability insurance will work in this situation.
This means that the driver of the car, from under the wheels of which the ill-fated stone flew out, is recognized as the culprit of the accident. He did not take into account road conditions and caused an accident. Broken glass, according to the rules of OSAGO, is obliged to replace it by the insurance company.
The algorithm of actions is the same as indicated above, with the exception of the last point. First, we go to the insurance company with an application for insurance payment, and only if the insurer refuses to pay, then we go to court.
Experts emphasize that you cannot save on this procedure. If the thought flashed through to install non-original glass, throw this thought out of your head. This is a technically complex, science-intensive product; analogues, as a rule, consist of low-quality materials and can distort the picture like a lens.
proins.ru
If it crashed itself
So what should you do if your windshield is cracked, but CASCO refuses to pay? Insurers argue that this issue should be addressed as part of the warranty service at the dealer. But at the official dealership they will try to refuse you by all means. In any case, there is a chance to protect your rights.
The dealership may claim that the case is not under warranty. It is possible that the dealer will find a tiny chip, supposedly from a stone that hit the windshield, and point to CASCO. It turns out that neither the dealers nor the insurance company will recognize the crack. You can request an independent examination, payment of its cost will be the responsibility of those who will be forced to compensate for the damage.
If the examination does not solve the problem, there is a chance to defend your rights in court. To file a claim, you must have a written refusal from both authorities; the results of the examination are also taken into account.
MORE: Description of the compulsory insurance form
Replacement conditions
In cases where the design of the previous glass included additional elements, the new part must be equipped with the same functions. For example, you cannot install new glass without a rain and light sensor, if the old one had these devices. The presence of heated windows and the type of adjustment - automatic or manual - are also taken into account.
If you tinted the previous glass yourself, the insurance company is not required to apply the tint to the part being installed. Exception: tinting must be maintained if it was factory.
Rules
If the owner of a vehicle discovers that the glass of his car has been damaged, then he must first familiarize himself with the rules for obtaining compensation that are established by a particular insurance company.
Compliance with these rules is mandatory, and failure to comply may become grounds for refusal to pay insurance compensation.
In particular, basically all insurance companies require calling a traffic police inspector, who will confirm the fact of the occurrence of an insured event.
But some insurance companies replace damaged glass in a simplified manner: in this case, calling a traffic police inspector is not required.
The next stage is submitting the appropriate application and necessary papers to the insurance company.
It is necessary to remember that the application and all necessary documents must be submitted within the time limits specified in the CASCO insurance contract.
As for the required package of documents, their list may differ depending on the insurance company: each independently establishes a certain list of papers.
That is why, before submitting an application, you should clarify the list of required documents directly with the insurance company.
But, as a rule, in such cases it is necessary to present:
- driver's license;
- copies of the CASCO policy;
- passports;
- documents for the vehicle, including a certificate of ownership.
In addition, in some cases it may be necessary to present a certificate from the traffic police (replacement of glass under CASCO without a certificate is carried out if a simplified procedure for considering the application has been established) and a corresponding expert opinion.
If certain damage was caused to the car by a third party, then it is necessary to present the decision of the authorized body to initiate a criminal case or to refuse to initiate it if there are no signs of a crime.
After submitting the application and all necessary documents, the insurance company reviews it.
Why is it better to contact Carglass®?
Carglass® always tries to repair the glass first if possible and save the customer money. If the chip is beyond repair, we will try to replace the auto glass within 1 hour on a predetermined day.
You do not need to leave your car for a day to carry out work. In Carglass®, when replacing auto glass, you can operate the car within 1 hour after installation. If you wish, you can leave your car at our service center
Carglass® is a highly specialized company. This allows us to concentrate on constantly improving the quality of specific types of work. High-tech equipment and qualified personnel allow us to provide services that meet international standards.
To replace the glass under compulsory motor liability insurance, file an insurance claim and contact the insurance company of the person responsible for the accident. If this is not possible, fill out a request on our website or call us.
In terms of prices, we are unlikely to be able to compete with “garage” service stations and never planned, since this is impossible without compromising quality. Our prices and level of service are among the most competitive. We value your time and money, so if the glass can be repaired rather than replaced, we will offer that service as well.
