In recent years, many disputes and discussions have arisen regarding the issue of payment of insurance compensation for loss of marketable value, abbreviated as UTS, in accordance with the instructions of the law on compulsory motor liability insurance.
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The reason for the problem associated with making payments under the TTS in the event of damage to a car was the increase in the demands made by victims for compulsory motor third-party liability insurance.
What is TCB and who gets paid?
In legislative acts, loss of marketable value is defined as a decrease in the price of a car due to damage received in an accident. This interpretation of the UTS is given in the resolution of the Supreme Court of the Russian Federation No. 58. Therefore, two cars of the same model and year will be worth differently if one of them was in an accident and the other was not. This market rule applies even if the damage sustained in the accident is minor.
De jure, the vehicle’s vehicle’s technical damage control refers to the actual damage received by the vehicle. Therefore, he is subject to compensation under MTPL. But this rule does not apply in all situations.
Calculation example of TCB
The market price of the car damaged in the accident was 500 thousand rubles. before the accident. Age - 2 years, car in excellent condition. Due to the impacts received, body parts were damaged. They were removed by the car service, and the appearance of the car was restored. If the owner sells the car immediately after the accident, its real price will not be 500 thousand rubles. The buyer will demand that the price of a used car be reduced by 10-30 thousand rubles. It turns out that after an accident the car became cheaper even if the repairs were carried out efficiently. To calculate the price reduction, an examination of the vehicle’s vehicle after an accident is carried out, which allows us to assess the degree of deterioration in the car’s characteristics.
Loss of Trade Property Law
The rules for compensation for actually incurred damage are prescribed in Article 5 of Federal Law No. 40 “On OSAGO...”. According to this legislative act, such damage is subject to compensation in accordance with the civil liability contract. Some insurance companies refuse to compensate for vehicle insurance, erroneously or deliberately referring to Article 2 of Federal Law No. 40. In this case, they equate TTC with lost profits.
Expert opinion
Maria Mirnaya
Insurance expert
OSAGO calculator
However, the ARRF in Resolution No. 58 clearly indicates the illegality of such an interpretation of the law. The Supreme Court considers the loss of marketable value of a car to be equivalent to real damage. Therefore, the injured party has the right to demand compensation, in accordance with Article 1064 and Article 1072 of the Civil Law.
Legal basis
According to the decision of the Supreme Court of the Russian Federation, issued under the number GKPI07-658, published in July 2007, the vehicle’s vehicle’s technical characteristics lead to a decrease in its actual real value.
It refers to real damage that worsens the performance of the car and, together with the costs of restoration, must be taken into account when establishing the amount of insurance payments in accordance with damage to the property of the victim.
The Civil Code of the Russian Federation defines losses as expenses, loss or damaged property, lost income as lost profits.
At the same time, the law on compulsory motor liability insurance, in particular Article 6, provides a list of cases that are excluded from insurance risks, including UTS.
As directed by the Supreme Court, the exclusion of vehicle insurance from insurance compensation under compulsory motor liability insurance contradicts the law on compulsory motor liability insurance, reducing the rights of the victim to receive compensation for damage.
The MTPL rules establish standard conditions under which an agreement is concluded. It explains how to determine insurance payments and carry out an independent examination.
The form of insurance payments for compensation for damage to property, with the consent of the injured person, can be replaced with a natural one, for example, by organizing repair work. However, the rules and the MTPL law do not mention compensation of the insured amount.
On the issue of the need to conduct a mandatory independent examination in order to find out the amount of damages subject to compensation in case of damage to property.
The MTPL rules note that its fundamental task is to determine the cost of repair and restoration work, without determining the cost of the vehicle.
As for the amount of insurance payments, the rules indicate compensation for actual damage and other types of expenses paid by the injured person.
These include costs for:
- required materials and spare parts;
- remuneration to service station employees for work performed;
- transportation of materials, spare parts to the location of the service station where repairs are carried out;
- transportation of property to the place where repair work is to be carried out and back.
Which once again confirms that the loss of marketable value as such is not taken into account and is not included in the insurance payments under compulsory motor liability insurance.
When concluding an agreement with an insurance company, it will not be superfluous to carefully read the conditions that they provide in order to avoid negative consequences in the event of road accidents.
When is reimbursement for vehicle vehicle insurance carried out under compulsory motor liability insurance?
Even after a well-performed repair, when there are no external signs of damage to the car, its market price is still reduced by 15-30%. This is especially true for new cars - a price drop by 1/4 ultimately results in significant financial losses.
But not all drivers involved in an accident can count on compensation payments. According to the methodological guidelines of the Federal Budgetary Institution under the Ministry of Justice, the loss of commodity value is compensated if:
- The total service life of the vehicle is less than 5 years.
- The car has never been in a road accident with damage before.
The maximum amount of payments for loss of the marketable value of a car under compulsory motor liability insurance cannot exceed 400 thousand rubles . Such a limit is established by the provisions of Federal Law No. 40.
Briefly about the main thing: the concept and legislative framework of TCB
Let's try to understand what loss of marketable value is. It is commonly understood as damage caused to the external part of the car as a result of being involved in an accident. The market value of such a vehicle decreases due to a number of factors: deterioration in appearance, loss of factory reliability and quality, decreased service life of individual parts or the vehicle as a whole.
From legislation! In 2015, the Supreme Court found that every insurance company must include a clause “On the payment of vehicle insurance” in the compulsory motor liability insurance policy. The basis for calculating the amount of compensation is the market price of the car.
It is logical to assume that the more expensive and newer the car, the higher the amount of compensation for its commercial value. For understanding, here are a few main points on which the evidence base for insurance payment is built:
- Any violation of the integrity of the appearance: breakage of parts, changes in paintwork, etc.
- Loss of performance.
- Loss of strength of key and auxiliary vehicle components installed by the manufacturer.
Since the measure for collecting the compulsory insurance under compulsory motor liability insurance in the form of cash is prescribed by law, there are a number of requirements and conditions, compliance with which is mandatory. We tried to collect them in one place:
- Compensation for lost market value is relevant for vehicles no older than five years for foreign cars and 3 years for domestic cars.
- The plaintiff driver was not found by the court to be at fault for the accident.
- The total amount of compensation does not exceed 400,000 rubles or other amount stipulated by the terms of compulsory motor liability insurance.
- Compensation for lost value applies only to new parts. Therefore, payment is possible provided that this is the first accident.
It is important to remember that the main and only executive body whose decision may result in payment is the court. No other authorities have the right to consider the case and make a verdict.
What else to read:
- My car was scratched in the yard, what should I do?
- Europrotocol 2021
- How to get money instead of repairs under compulsory motor liability insurance: a detailed review
How to receive payment of the vehicle insurance policy under compulsory motor liability insurance
Receiving compensation under the TTS is possible only after the injured driver contacts the insurer.
The step-by-step procedure algorithm looks like this:
- The owner of the damaged vehicle contacts the insurance company regarding the accident.
- Draw up a statement in the prescribed form.
- Collect all necessary documentation for calculating payment.
- Submit an application with supporting documents to the insurer.
- Provide the car for inspection by experts.
- After the vehicle is inspected by experts, it is repaired according to the direction received from the insurer.
- After repairs, the car owner carries out an independent assessment, which concludes with an estimate of its market price.
- A comparison is made between the price values of a restored car and a similar car that has not been in an accident.
- Based on the difference in indicators, the owner of the damaged vehicle submits a claim to the insurance company for compensation of lost commodity value.
Application for vehicle insurance under compulsory motor liability insurance, sample
A prerequisite for receiving payments for compensation of TCB is the submission of an application and a set of documents. It is not at all necessary to submit them together with the main claim for compensation for damage under compulsory motor liability insurance. The legislation sets a period of 3 years for this from the date the car gets into an accident.
sample
The application is written in free form, either on a special form or on a standard A-4 sheet. It specifies the details for the insurer to transfer the amount of money. The car owner may also require payment of compensation in cash, having received it from the company’s cash desk.
Package of documents required to be submitted along with the application:
- Certificates and copies of protocols from the traffic police about the circumstances of the accident.
- Vehicle owner's passport.
- PTS and SOP of the car.
- A valid MTPL policy.
- Diagnostic examination card.
- Machine appraisal report.
- Receipt for payment of the examination.
Law
If you want to learn more on this topic from an official source, be sure to read the text of Resolution of the Plenum of the RF Armed Forces No. 2 of January 29, 2015 “On the application of the legislation on compulsory motor liability insurance by courts.” It is this regulatory act that gives car owners the right to receive compensation under the vehicle insurance policy.
According to the letter of the law, only a driver whose behavior on the road did not cause an accident can claim compensation. And the car of the victim in the accident must be of a certain age. Foreign cars should not be older than 7 years, and representatives of the domestic automobile industry should not be older than 3. Moreover, the car should not be worn out by more than 30%, and the accident that occurred in which it lost its presentation should be the first in its history of existence.
Unified methodology for calculating the technical stability
Calculation of the car's vehicle vehicle value is carried out by employees of the insurance agency in accordance with established methods. They were developed by the Forensic Science Center under the Ministry of Justice. The amount of value lost on a car that has been involved in an accident depends on the type and severity of the damage received, as well as a number of additional factors.
It is calculated using the formula: UTS = Sts x (∑Kuts: 100%).
Where:
- UTS – the amount of loss of commodity value, expressed in rubles.
- Pts – the price of the vehicle at the time of calculation (after restoration).
- ∑Kuts – repair impact coefficient, expressed as a percentage.
All digital values inserted into the formula are established during an expert examination of the machine.
justice pro...
In certain cases, a victim in an accident can count on compensation for the loss of marketable value of the car damaged in the accident. In the article we will talk about the possibility of obtaining a vehicle insurance policy under compulsory motor liability insurance, what methodology is used to calculate the lost commodity value, and how to receive payment with examples from judicial practice.
What is a car’s vehicle vehicle under compulsory motor liability insurance?
Loss of marketable value of a car is a decrease in the value of a vehicle caused by premature deterioration of the marketable (external) appearance of the vehicle and its performance qualities as a result of a decrease in the strength and durability of individual parts, assemblies and assemblies, connections and protective coatings due to a traffic accident and subsequent repairs . How the vehicle's vehicle vehicle vehicle liability insurance is calculated under compulsory motor liability insurance will be discussed below. If the person at fault for the accident does not have a compulsory motor liability insurance policy (including if it is forged), the vehicle insurance will have to be recovered from the person responsible for the accident.
MTPL for compulsory motor liability insurance: Supreme Court
The Supreme Court of the Russian Federation spoke about compensation for loss of market value under compulsory motor liability insurance (clause 37 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 26, 2021 N 58 “On the application by courts of the legislation on compulsory insurance of civil liability of vehicle owners”), which classified vehicle insurance as a real damage:
“In addition to the cost of repairs and spare parts, actual damage resulting from a traffic accident also includes loss of marketable value.”
At the same time, the loss of the marketable value of the car under compulsory motor liability insurance “is subject to compensation even if insurance compensation is carried out within the framework of a compulsory insurance agreement in the form of organizing and (or) payment for restoration repairs of a damaged vehicle at a service station with which the insurer has concluded a repair agreement vehicle, within the legal limit of the insured amount.”
The possibility of paying vehicle insurance under compulsory motor liability insurance is indicated in paragraph 9 of the Review of Judicial Practice of the Supreme Court of the Russian Federation No. 4 (2018)" (approved by the Presidium of the Supreme Court of the Russian Federation on December 26, 2018): "In the event of damage to a vehicle, the loss of its marketable value is considered real damage along with with the cost of repairs and spare parts for them.”
Payment of vehicle insurance under compulsory motor liability insurance: law
Currently, the MTPL Law does not contain such a concept as “loss of marketable value.” The Supreme Court clarified that the technical damage refers to real damage and is subject to compensation along with restorative repairs.
At the moment, the Unified Methodology for determining the amount of costs for restoration repairs in relation to a damaged vehicle does not contain a procedure for determining the loss of the marketable value of a car under compulsory motor liability insurance. Therefore, experts are guided by other methods to calculate the technical value, in particular, the so-called “methodology of the Ministry of Justice”.
Let us note that the vehicle insurance is not taken into account when determining the “statistical error” of 10%, provided for in paragraph 3.5 of the Unified Methodology of the Central Bank of the Russian Federation for OSAGO: “the lost marketable value of a vehicle damaged as a result of a traffic accident is not subject to consideration when determining the presence or absence of a 10% statistical reliability, since the Unified Methodology provides for establishing only the cost of restoration repairs and spare parts of a vehicle, regardless of the amount of lost commodity value” (clause 21 of the Review of the Supreme Court of the Russian Federation).
In what cases is MTPL paid under compulsory motor liability insurance?
So, at the moment, to calculate the loss of the marketable value of a car (including compulsory motor liability insurance), the “Methodological recommendations for conducting forensic auto-technical examinations and studies of wheeled vehicles in order to determine the amount of damage, the cost of restoration repairs and assessment” are used by the Federal Budgetary Institution of the Russian Federal Center for Social Security under the Ministry of Justice of the Russian Federation. Federation dated January 1, 2018. When is the TCB determined?
The vehicle technical rating can be calculated for vehicles in both damaged and repaired states (if it is possible to determine the degree of damage). Those. Compensation for vehicle insurance under compulsory motor liability insurance after repair is possible.
Let's turn to the “methodology of the Ministry of Justice” (clause 8.3 of part 2) and find out in which cases the loss of marketable value of a vehicle is not calculated:
a) if the service life of passenger cars exceeds 5 years;
b) if passenger cars are used intensively and their service life exceeds 2.5 years;
c) if the service life of cargo vehicles (wheeled vehicles - hereinafter referred to as vehicles) exceeds 3 years;
d) if the service life of trucks that perform auxiliary functions in providing technological processes (generators, mobile workshops, etc., equipment installed on truck chassis, etc.) exceeds the warranty period;
e) if the service life of buses exceeds 1 year for buses operating in intensive operation, and 3 years for other buses;
f) in case of replacement of the body before the damage is assessed (with the exception of the body of a truck vehicle mounted on a frame behind the cab);
g) if the vehicle has previously undergone restoration repairs (including painting - full, external, partial; “spot with transition”) or had accidental damage, except for the damage specified in clause 8.4;
h) if the vehicle had corrosion damage to the body or cabin at the time of the incident.
Thus, in the current manual of the Ministry of Justice there is no clause on refusal to calculate the technical value depending on the presence of an established amount of wear (this condition was contained in the methodological recommendations of the Ministry of Justice, valid until the end of 2021). But you will most likely be denied compensation for vehicle insurance under compulsory motor liability insurance if it is established that there was damage before the accident. If there is some damage, the calculation of the technical support will still be carried out (more about this here).
If the insurance company refuses to reimburse you for vehicle insurance under compulsory motor liability insurance, you can go to court
Loss of marketable value of a car under compulsory motor liability insurance: calculation
Let's turn to the methodology of the Ministry of Justice and find out how to calculate the vehicle insurance under compulsory motor liability insurance.
The value of the control unit is determined as of the date of assessment (research) using the formula:
Suts = Skts * ∑ Kutsi/100%, rub.
Where Ccts is the cost of the CTS on the date of assessment (research), rub.;
Ktsi is the coefficient of technical resistance for the i-th element of the technical equipment, repair impact, %.
The values of the CTC coefficients are determined based on the results of expert practice and are given in the appendix to the Methodology
Is UTS included in the MTPL limit of 400,000 rubles?
The insured amount of 400,000 rubles, within which the insurer, upon the occurrence of an insured event, undertakes to compensate the victim for damage to property, includes the loss of the marketable value of the car. In the event that the insurance compensation is not enough to compensate for the full amount of losses, the victim may apply to the person responsible for the accident for reimbursement of the technical equipment and the cost of restoration repairs without taking into account wear and tear.
Application for vehicle insurance under compulsory motor liability insurance
At the moment, insurance companies, as a rule, do not voluntarily compensate for the loss of the marketable value of a car under compulsory motor liability insurance. Please contact your insurance company about the possibility of paying for vehicle insurance under compulsory motor liability insurance based on an application for compensation for vehicle insurance. In most cases, the insurance premium is recovered from the insurer through the court.
How to obtain vehicle insurance under compulsory motor liability insurance
If the victim believes that he is entitled to payment for loss of marketable value under compulsory motor liability insurance (for example, if the car is new, without damage before the accident), he can organize an independent examination himself. Next, you need to send a pre-trial claim to the insurer. If there is no payment, the victim has the right to go to court. You can read about the features of CASCO compensation here.
Judicial practice on MTPL under compulsory motor liability insurance
The victim, who disagreed with the amount of payment under compulsory motor liability insurance, turned to an independent expert to determine the cost of restoration repairs and calculate the loss of marketable value of the car. There was no insurance payment after sending the claim, and the victim filed a claim in court. It must be borne in mind that in such cases the court may order a forensic examination, and the size of the TTS may be reduced (Decision of the Novokubansky District Court (Krasnodar Territory) dated October 30, 2021 in case No. 2-853/2018).
Please note that the calculation of the technical specifications by an independent expert may be carried out incorrectly. Thus, the court came to the conclusion that it was impossible to calculate the loss of marketable value - the victim in an accident had a claim against the insurance company to recover the loss of the marketable value of the car under compulsory motor liability insurance (Decision of the Bratsk City Court (Irkutsk Region) dated May 31, 2021 in case No. 2- 1840/2017).
On the issue of payment of vehicle insurance under compulsory motor liability insurance, you can contact the specialists of this project for legal advice. Assistance will be provided by project participants and partners - practicing lawyers with extensive experience in this area of legal relations.
So, in order to receive a MTPL under compulsory motor liability insurance, you can contact the insurance company, and if payment is refused, you have the right to file a claim in court. Courts, as a rule, satisfy the claims of the victim in an accident, however, after a forensic examination, the amount of loss of marketable value of the car to be recovered from the insurance company under compulsory motor liability insurance can be changed.
Posted by:
Radenko Anton Andreevich
Moscow 2019
Terms of payment of vehicle insurance under compulsory motor liability insurance
The law does not establish specific deadlines for filing an application for reimbursement of TCB. Therefore, by default, they are taken for 3 years - this is the time limit in force in the Russian Federation for property claims. The insurance company, after receiving a request with all the necessary documentation, is obliged within a month . When an agency, for any reason, refuses to pay compensation under the TTS, it is obliged to notify the owner of the vehicle within five days. The notice must indicate specific reasons for the refusal with reference to applicable laws.
What the law says
To better understand how vehicle insurance is returned under compulsory motor liability insurance, you should refer to the law. Let's look at a few bills to consider to better understand the situation.
- Federal Law No. 40 on compulsory insurance, dated April 25, 2002. The law defines cases in which a policy is a mandatory requirement. It also stipulates insured events, the occurrence of which is the basis for the provision of compensation. But since this Federal Law does not say about the need to return the vehicle insurance, many insurance companies are in a hurry to refuse payment to clients (with reference to this project).
- Plenary resolution of the Supreme Court No. 58, dated December 26, 2017. Its text clearly states that vehicle damage is damage if it is received as a result of an accident.
In what cases is the payment of TTC not carried out?
The owner cannot always demand payment for the loss of the marketable value of the car under compulsory motor liability insurance. The insurer has the right to legally refuse this in the following situations:
- The passenger car is more than 5 years old, and the truck is more than 3 years old.
- The car, more than 2.5 years old, was used with increased intensity. This is established based on the results of assessing the wear of main components and parts by experts.
- The car has already been repaired before, including painting after receiving scratches.
- Parts damaged in an accident show signs of natural wear (scratches, rust).
How is TCB calculated?
To calculate the value of the vehicle vehicle, it is necessary to establish the initial cost of the car. The actual amount of compensation can be determined solely by checking its condition.
ka is introduced into the calculation , characterizing the cost of repair and restoration work. If it is less than 10% in relation to the original price, taking into account its deterioration, then the calculation of the technical value is made in exceptional cases.
However, its implementation is practically meaningless if its actual market price is significantly exceeded, if the above coefficient is more than 90%.
From the point of view of economic feasibility, it is not entirely reasonable to calculate the technical value and carry out an examination of the car when the cost of spare parts required for repair work exceeds the cost of performing the work itself, that is, when kb is 40%.
The cost of spare parts is not taken into account in the calculation. The current legislative acts do not establish a clear methodology for calculating the technical parameters in order to judge their correctness.
At the same time, there are several methods that are used to make calculations. Based on them, certain types of indicators are determined that make it possible to obtain, to one degree or another, a loss of commodity value.
TRC calculations are made on the day the accident occurred. Typically, its value ranges from 10 to 20% of the actual amount of damage caused.
Thus, from all of the above it follows that the only evidence base is the resolution of the Presidium of the Supreme Court of the Russian Federation, issued in August 2005, its decision number GKPI07-658, dated July 2007.
These documents make it possible to guarantee the recovery of compensation paid for loss of commodity value. The issue of MTPL under compulsory motor liability insurance is decided by the court, which, based on its decision, collects it from the insurance companies. They, on their own initiative, do not satisfy the requirements of clients who have entered into an agreement with them under compulsory motor liability insurance.
Find information on how to check your MTPL policy using the RSA database in the article: checking your MTPL policy. Payments under compulsory motor liability insurance in case of an accident with victims are discussed in this article.
You can see what the fine is for lack of compulsory motor liability insurance here.
What to do if payment is refused
Legislative norms oblige insurers to pay MTPL clients under compulsory motor liability insurance. But not all agencies comply with this instruction - they try to provide compensation under various pretexts. In this case, the owner of the damaged vehicle has the right to apply to the judicial authorities to protect his interests.
Expert opinion
Maria Mirnaya
Insurance expert
OSAGO calculator
Before filing a claim in court, the driver should collect the most complete documentary base to prove his case. This is a copy of the claim submitted to the insurer, its written refusal to pay compensation, the conclusions of independent appraisers, etc. Based on the results of the consideration of the case, the judge issues a verdict on forced recovery from the insurance company of the cost of the vehicle insurance in favor of the plaintiff.
Computing Features
At the moment, the issue of paying for the value of goods that was lost is quite acute, since many clients of companies simply do not know about this possibility.
You should definitely know how the insurance company should act. And the law in the form of the Civil Code of the Russian Federation stipulates that loss of marketable value can indeed occur as a result of an accident, but to determine the exact amount it is necessary to conduct a technical examination.
Insurers are often reluctant to conduct research for the simple reason that they are the ones paying for the procedure.
But the payment must be made by the company itself, even without the client’s request, and if this is not met, it should go to court.
But there are certain situations in which filing a lawsuit is simply necessary; these are cases when the production period of foreign and domestic cars is no more than five and three years, respectively.
The need to file a lawsuit arises when the depreciation of the car at the time of the accident is no more than 35%, and the case was recognized as insurable in accordance with the law.
How to calculate TCB using a unified method
To calculate the TPV, several formulas can currently be used, but a specific one is used according to the terms of the contract with the insurance company.
Moreover, there is no one that is more beneficial for the company or its client, because the indicators are strictly individual.
In general, the Ministry of Justice formula is applied, as well as the Halbgewax method, which are currently used most often.
For them you need to use mathematical methods, as well as use special tables. But the formula for calculating the vehicle’s vehicle technical resistance using a single method is not applied due to the presence of several similar formulas at once.
Algorithm of the Ministry of Justice
This method is used more often, since when the court appoints an examination, experts prefer to use it.
And pre-trial calculations, accordingly, are also carried out using this method, so that clients do not experience inconvenience when receiving the difference between the examination before the trial and by its determination.
The Ministry of Justice’s formula is quite simple, and to use it, you should multiply the cost of transport at the time of the accident by the vehicle transport coefficient.
This coefficient can be taken from the appendix to the legislative act of the Ministry of Justice, and this result is multiplied by 100%, which corresponds to the full price.
Thus, using this calculation method, you can determine the lost value and understand how vehicle insurance is considered after an accident.
The method formula will look like:
S*∑Ki/100
Where:
S | This is the price of the car in pre-accident condition. |
Ki | Coefficient for each damaged element, calculated by an expert |
Halbgevax method
The Halbgewachs method is often used in the insurance industry and is internationally recognized for its ability to accurately determine lost value.
In general, this method is similar to the formula of the Ministry of Justice, but has slightly different indicators.
To calculate the Halbgewax lost value, you must first take the damage coefficient taken from the so-called Halbgewax table and divide it by 100.
Photo: Halbgewax table
Next, you need to add up the market value of the car at the time of the repair and the total price of the repair, and then multiply the indicators of the two operations.
In this way, you can get the size of the UTS, and the formula is often used by insurers if the contract did not expressly stipulate the use of another method.
The formula for this method will look like:
K / 100 * (CR+CO)
Where:
TO | Coefficient from a special table |
CR | Price of a used car |
CO | Full payment for car restoration |
How to get compensation
To receive compensation under both MTPL and CASCO policies, you need to understand the procedure for this claim.
It will be necessary to consider how such damage can be reimbursed from the insurance company, and at the same time comply with the law, using its standards in the process of resolving the issue with the TTS.
How to correctly draw up a sample application for vehicle insurance under compulsory motor liability insurance to the insurance company, see the article: sample application for vehicle insurance to the insurance company. Read about CASCO insurance compensation here.
At the same time, receiving compensation in the case of CASCO and OSAGO will practically not differ, since in both cases the claim is made under the insurance policy, but there are limits that cannot be exceeded.
By CASCO
In order to receive a compensation payment, in the case of both CASCO and OSAGO, it is necessary to perform approximately the same actions and comply with the conditions.
The depreciation of domestic cars should be no more than 35%, and foreign cars should be no more than 40%, and the age should be less than 3 years for Russian cars and less than 5 years for foreign ones.
In order to obtain a vehicle vehicle, it should be taken into account that the mileage should not be higher than 50 thousand km and 100 thousand km for Russian cars and foreign cars, respectively.
But first, you should contact the company that provides insurance services, to do this you should fill out an application.
It can be written in free form, although it is necessary to provide information about the details of the case, for example, say about the cause of the incident, place and date, as well as provide personal data and information about the car.
The insurer must register the application, and if it remains unanswered, or an unlawful refusal is received, then it is quite possible to go to court.
CASCO insurance can only be obtained if the driver requesting payment did not cause the accident.
In this case, no payment will be made, as the legislation on insurance activities allows this.
Video: auto technical examination course