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If a citizen has purchased CASCO insurance, he will be able to count on compensation regardless of who caused the incident. If there is total destruction of property, the amount of payment covers the full cost of the vehicle. However, not all organizations fulfill their obligations in good faith. Unwilling to pay, insurance companies often take action to reduce the payment amount. In a number of situations, a citizen’s request may be refused. If a person believes that his rights have been violated, in 2021 it is necessary to file a complaint with a claim against the insurance company under CASCO.

Reasons for filing a complaint against an insurance company under CASCO

Interaction with an insurance organization when purchasing a CASCO policy is carried out on the basis of Federal Law No. 4015-1 of November 27, 1992 “On the organization of insurance business in the Russian Federation.” Additionally, the process is regulated by Chapter 48 of the Civil Code of the Russian Federation. An insurance contract is concluded between the parties to the transaction. It is drawn up taking into account the above regulations. It follows from the provisions of the current legislation that a citizen has the right to file a claim for CASCO insurance in 2021 in the following cases:

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1. There was an unreasonable underestimation of the amount of insurance payment under CASCO.
2. The company tried to impose additional services when selling the policy.
3. To process the payment, the institution requested documents, the need for which is not specified in the current legislation.
4. The institution finds itself concluding an agreement with a citizen, citing unimportant conditions. Thus, it is unacceptable to reject an application due to the lack of forms or problems with the operation of equipment.

Attention
In 2021, it is permissible to file a complaint against an insurance company under CASCO insurance in other situations if there has been a violation of the current legislation.

Insurance claims law

If a person is not satisfied with the interaction with institutions, first of all it is necessary to become familiar with the provisions of regulatory legal acts. It is worth paying attention to the legislation regulating cooperation between the client and the insurer. If a person knows the law, the likelihood of defending his rights increases. Experts advise studying the following regulations:

1. Federal Law No. 4015-1 of November 27, 1992 on the organization of insurance business in the Russian Federation. Here the general concept of the provision is fixed, affecting the peculiarities of interaction between the parties to the transaction. Additionally, the regulatory legal act establishes a list of organizations that control the activities of insurers.
2. Federal Law No. 2300-1 of February 7, 1992 on the protection of consumer rights. Regulates the interaction of companies engaged in the provision of goods and services with customers. The regulatory legal act reflects a list of necessary manipulations if the insurer refuses to fulfill its obligations.
3. Art. 929-930 Civil Code of the Russian Federation. Contains features of the property insurance procedure.
4. Art. 939-940 Civil Code of the Russian Federation. Fixes the responsibilities of the parties to the transaction and approves the form of the insurance contract.
5. Art. 942 of the Civil Code of the Russian Federation. Reflects the essential terms of the CASCO agreement.
6. Art. 944-945 Civil Code of the Russian Federation. Reflects a list of information that can be provided to conclude a transaction and records the possibility of the insurer performing a risk assessment.
7. Art. 947 Civil Code of the Russian Federation. Fixes the amount of the insured amount.
8. Art. 955-956 Civil Code of the Russian Federation. Reflect the presence of the right to replace the insured person and beneficiary.
9. Art. 959 of the Civil Code of the Russian Federation. Reflects the possible consequences in the event of an increase in insurance risk during the validity of the CASCO agreement.
10. Art. 963 Civil Code of the Russian Federation. Determines the possible consequences if the insured event arose due to the actions of the parties to the transaction.
11. Art. 966 of the Civil Code of the Russian Federation. Reflects the period during which one of the parties to the transaction has the right to file an application in court if a violation of rights has occurred.

Normative base

Before filing a complaint against an insurance company under CASCO, it is recommended that you familiarize yourself with the provisions of the regulations governing the interaction between the insurer and the client. Knowledge of the laws increases the likelihood of a positive decision on the complaint, because a citizen can contact the authorized body when there are actually violations. Need to study:

1. Federal Law No. 4015-1 of November 27, 1992 “On the organization of insurance business in the Russian Federation” contains definitions of concepts and general provisions regarding the interaction of participants in a transaction. It also contains a list of institutions that monitor the activities of insurers.
2. Federal Law No. 2300-1 of February 7, 1992 “On the Protection of Consumer Rights” regulates the interaction of organizations providing goods and services and buyers. The regulation sets out how to act if the service provider does not fulfill its obligations.
3. Articles 929-930 of the Civil Code of the Russian Federation fix the features of property insurance.
4. Article 939 of the Civil Code of the Russian Federation determines the process of fulfilling the obligations of the parties to the transaction under the contract.
5. Article 940 of the Civil Code of the Russian Federation - approves the form of the insurance contract.
6. Article 942 of the Civil Code of the Russian Federation contains the essential terms of the contract.
7. Article 944 of the Civil Code of the Russian Federation - indicates the information that the policyholder is obliged to provide in the process of concluding a transaction.
8. Article 945 of the Civil Code of the Russian Federation - fixes the possibility of an assessment of insurance risk by the insurer.
9. Article 947 of the Civil Code of the Russian Federation determines the insured amount.
10. Articles 955-956 of the Civil Code of the Russian Federation determine the possibility of replacing the insured person and beneficiary.
11. Article 959 of the Civil Code of the Russian Federation - fixes the consequences that occur if the insurance risk increases during the validity of the contract.
12. Article 963 of the Civil Code of the Russian Federation - determines the consequences of the occurrence of an insured event due to the fault of one of the parties to the transaction.
13. Article 966 of the Criminal Code of the Russian Federation - indicates the duration of the period during which one of the parties can go to court if its rights are violated.

Institutions for filing an application

IMPORTANT
If the insurance company has committed a violation, you need to defend your rights. There are several authorities that are ready to consider a citizen’s complaint against a CASCO insurance company and take a number of actions if the person manages to prove his case. First of all, you need to apply to the management of the insurance company. The procedure is carried out in accordance with internal rules. Often, a violation results from the negligence of the institution’s employees. But if at this stage it was not possible to achieve a result, you will need to send the documentation to the regulatory authority.

In 2021, we are ready to consider a complaint with a claim against an insurance company under CASCO:

• RSA (Russian Union of Auto Insurers);
• Central Bank of the Russian Federation (Central Bank of Russia);
• FAS (Federal Antimonopoly Service);
• Rospotrebnadzor;
• prosecutor's office

When an organization significantly underestimates the payment or refuses to pay under CASCO, you can immediately go to court. It is permissible to file a claim simultaneously with filing a complaint. You will first need to carry out an independent examination to assess the damage to the property. This will allow the person to argue his or her position in court. Additionally, a number of documents are required. It is mandatory to include in the list all written requests to the insurance company. It is recommended to visit a lawyer first. It is necessary to contact a person specializing in such proceedings.

Procedure for filing a complaint

If a citizen is faced with a violation of rights by a CASCO insurance company, it is necessary to act in accordance with the following scheme:

1. Prepare a complaint against the CASCO insurance company in accordance with the rules and contact the organization’s management. Often, a violation occurs not because of the company’s internal policy, but because of the negligence or irresponsibility of the organization’s employees. Already at this stage the problem can be solved. If the appeal does not produce results, you will need to prepare documents and send them to other authorities.
2. The insurer is given 20 days to consider the complaint. If there is no response within this period, you will need to submit the document to the supervisory authorities. Today there is no single institution that controls the work of insurance companies. Therefore, it is necessary to select an organization, taking into account the essence of the issue. RSA, the Central Bank of the Russian Federation, FAS, Rospotrebnadzor, and the prosecutor's office can consider a citizen's complaint against an insurance company under CASCO.
3. If the insurer refused to pay, or the insurance payment was underestimated, it is recommended to immediately file an application with the court. The action can be carried out simultaneously with the procedure for filing a complaint against the insurance company under CASCO. However, before carrying out the action, it is taught to perform an independent assessment of damage to property. This will allow the citizen to confirm his position in court. Additionally, a documentary base needs to be prepared. The list of papers must include all written appeals to insurance and other documentation on the case. It is worth visiting a lawyer first. It is important that he specializes in such proceedings. Disputes with insurers represent a specific topic that not every lawyer can handle.

Filing a claim against an insurance company under CASCO insurance

The current legislation does not determine the form of the document. Its preparation is carried out in accordance with the general standards of office work. When making a complaint against the CASCO insurance company, it is important to state the essence of what happened. However, you should not give in to emotions. The text must be official, without errors or insults. You can put forward demands that a person plans to achieve through a complaint. Additionally, it is necessary to refer to the clauses of the contract that were violated, and the norms of current legislation.

to the insurance company for CASCO in WORD format.

claims to the insurance company for CASCO in WORD format for filling out.

Complaint to the insurance company

Initially, you need to file a complaint with the insurance company that issued CASCO. The law does not define a specific form for filing a complaint against approval. Therefore, the document must comply with the general rules of office work. The paper will need to state the essence of what happened.

Don't give in to emotions. The text must be dry and free of errors and insults. Then you need to indicate the applicant’s requirements, as well as refer to the clauses of the contract that were violated, as well as refer to legal acts confirming the rightness of the citizen. A claim to the insurance company under CASCO must be submitted in several copies. One of them is provided to the insurer, and the second is registered as incoming documentation. This copy is affixed with the date of acceptance and the seal of the institution. A copy of the paper remains with the applicant. His presence confirms that the citizen actually filed a complaint with the insurance organization.

Required documents

In addition to the complaint against the CASCO insurance company, a number of additional documents will have to be prepared in 2021. They are needed to confirm the occurrence of an insured event. The list of documentation is reflected in the insurance rules. They are provided to the client along with the contract. The list of papers may vary depending on the organization with which cooperation is carried out. The list is also influenced by the reason that led to the need to contact the organization. The standard list of papers when filing an application with a claim against an insurance company under CASCO is as follows:

• applicant's passport;
• a certificate confirming the presence of the right to drive a car;
• CASCO policy;
• documentation confirming the registration of the vehicle (STS or PTS);
• a copy of the report drawn up by the traffic police representative at the scene of the accident.

For your information
, the list can be supplemented with a calculation for the evacuation of the car, if the procedure was carried out. The list of documents changes if the car was damaged as a result of a natural disaster. In this case, a meteorological certificate is required. In the event of a car theft, the list of required documents for the complaint is supplemented with papers confirming the fact that criminal proceedings have been initiated.

Step-by-step instructions for filing a complaint against a CASCO insurance company with the Russian Union of Auto Insurers

The Russian Union of Auto Insurers or RSA is a non-profit organization that unites companies providing services in the field of compulsory motor liability insurance or CASCO insurance. To obtain membership in the association, you must work in the relevant field. The institution has certain levers of pressure on participants. It is necessary to contact the company if the company that sold the CASCO policy has had its license taken away and now it cannot compensate for the damage caused. If a person wants his complaint against the CASCO insurance company to be considered, he must:

1. Prepare an application. The form of the document is fixed in law. The appeal is drawn up in accordance with classical norms.
2. Contact the organization. The procedure is performed using one of three existing methods. A personal visit to the department manager is acceptable. The institution is located in Moscow. It is acceptable to send documentation by mail. In this case, you will need to supplement the application with papers confirming the applicant’s correctness. You can also submit a complaint via the Internet. However, in this case, the person must be prepared to provide supporting documentation in electronic or paper form.
3. Wait until the claim is completed. 1 month is allotted for consideration of the application. The norm is regulated by Article 12 of Federal Law No. 59 of May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation.” However, it is permissible to extend the period if additional checks are required or paperwork needs to be provided. In this case, the period is extended by the time it takes to receive the document.

in WORD.

Filing a claim against an insurance company under CASCO to the Central Bank

The Central Bank of the Russian Federation also has powers in the insurance sector. The organization acquired them in accordance with Decree of the President of the Russian Federation No. 645 dated July 25, 2013. The Central Bank of the Russian Federation has the right to grant a license to companies operating in the insurance industry, as well as to close them. This is done in case of gross errors and violations. As a result, the company will not be able to continue operating.

In accordance with Article 23.74 of the Code of Administrative Offenses of the Russian Federation, in 2021 the Central Bank acquires the right to consider a list of cases relating to administrative offenses of insurers. The list also includes the issue of imposing additional services. Punishment for violation is provided for in Article 15.34.1 of the Code of Administrative Offenses of the Russian Federation. If companies flout the regulations, they may be subject to fines. If a citizen decides to file a complaint against a CASCO insurer with the Central Bank of the Russian Federation, he will need to act according to the following scheme:

1. Make a statement. The document is drawn up in any form. It is important to reflect what the violation of law or contract provisions is. Additionally, information about the insurer is recorded. The complaint with the claim must be supplemented with papers confirming the applicant’s correctness. Copies are attached to the application.
2. The completed package of documents is transferred to the organization. It is necessary to visit the territorial unit located in the region in which the violation occurred. Application via the Internet is acceptable. In this situation, it is recommended to use the online reception. It is located on the official website of the institution.
3. Wait until the complaint is considered. 30 days are allotted to complete the procedure. The period begins to be calculated from the moment of registration of documents in the office of the institution. The period may be extended to two months if additional verification is necessary. On average, a solution takes about 10-15 days.

to an insurance company under CASCO insurance with the Central Bank of the Russian Federation.

Poor quality repairs under CASCO: general procedure for a vehicle owner

Poor quality repairs under CASCO are not uncommon, and the car owner, who is forced to observe such a result of interaction with the insurance company, will have to somehow react to the current circumstances. There are no universal recipes here, but in the most general case it is assumed that the owner of the car:

1. He will write to the insurer, the organization that issued the CASCO policy, a written claim, which will list the signs of poor-quality car repairs under CASCO.

Let us immediately note that this insurance organization is, in general, the only recipient of such claims. You should not duplicate or write separate claims to the car service: the car owner interacts not with him, but with the insurer (who, in turn, independently works with the repair workers).

1. If there is no satisfactory response from the insurer, it will send the car, which, in the owner’s opinion, was repaired poorly, to an independent examination and wait for its results.
2. Having made sure, based on the results of the examination, that the repairs were indeed carried out poorly, he will write a new claim to his insurance company.

In the claim itself, it is necessary to demand that the situation be corrected - that is, to repair the car properly (eliminate the deficiencies discovered by the experts), and also offer to compensate for the costs associated with contacting the experts.

Please note that in accordance with the Law on the Protection of Consumer Rights, the examination must be paid for by the insurer itself. Therefore, we will talk about compensation for other costs - for example, those associated with transporting the car to the examination site. Moreover, if the examination does not confirm the vehicle owner’s assumptions about poor-quality repairs, he will have to pay for it.

A scenario is possible in which the car owner asks the insurance company to reduce the cost of repairs and pay the difference between its nominal price and the one resulting from the reduction. With this difference, the car owner will be able to repair (complete the repair properly) the car himself (by contacting his technical center).

A copy of the expert report must be attached to the claim. It is better to send all documents to the insurer by registered mail.

If the car repair under CASCO was performed poorly, then the claim in question can be sent to the insurer within 2 years after completion of the repair - which was carried out poorly. And if, upon completion of the repair, significant deficiencies are identified, then the period for filing a claim increases to 10 years.

But, of course, you shouldn’t delay: if you contact the insurer a considerable time after the completion of the repair, he may refuse to consider the claim, citing the fact that the breakdown occurred during the operation of the vehicle.

Note that many auto experts recommend that car owners initiate an independent examination immediately - without first submitting a claim to the insurer. Such an appeal will allow us to establish an accurate list of defects after the repair: many of them may not be obvious to the car owner. It is even recommended to do an examination just in case - although there is confidence that the repairs are of high quality (as well as the understanding that if the experts do not find anything, then no one will compensate for the costs of contacting them).

1. If there is no adequate response from the insurance company, initiate legal action.

In addition, if the car owner considers it justified to collect moral damages from the insurer, then, despite the subsequent repeated repairs - qualitatively, he has the right to initiate an appeal to the court only for the purpose of collecting compensation for such damage. If even the highest quality repairs are obtained at the cost of enormous labor costs and nerves, the car owner has the right to count on compensation for his discomfort, at least in monetary form.

Judicial practice related to disputes between car owners and CASCO insurers, in general, can be characterized as developing in favor of the plaintiffs. At the same time, there are a number of nuances that vehicle owners should take into account when going to court if the insurer refuses to make normal repairs.

Application with a complaint against the CASCO insurance company to Rospotrebnadzor

Rospotrebnadzor is engaged in protecting consumer rights. If a citizen has purchased a CASCO policy, he acts in this role. Therefore, a person has the right to contact the organization and demand that measures be taken against the culprit of the incident. A complaint against a CASCO insurer should be filed with Rospotrebnadzor if the insurance company does not want to conclude an agreement, reduces the amount of compensation, imposes additional services, or does not want to provide payment at all. In 2021, you need to act according to the standard scheme:

1. A person files a complaint with a claim. The form of the document is not fixed by law. It is better to use a ready-made sample.
2. The papers are submitted to the authorized body. They need to be sent to the organization’s central office or regional office. It is recommended to choose the second option. It is acceptable to submit an application in electronic or classic form. In the first case, the request is made through the State Services portal or the official website of Rospotrebnadzor.
3. Wait for the review process to complete. The acceptance process takes about 3 days from the date of receipt of the application. The countdown of the standard monthly period begins. Sometimes it is extended to 60 days. The person will be notified of this. Notification will be sent in writing.

with a claim to the insurance company for CASCO in WORD format to Rospotrebnadzor.

Non-standard situations related to poor-quality repairs under CASCO

Situation:

After carrying out the repair, you discover that it was done poorly. When contacting the service station to correct the defects, the service center requested an additional referral from the insurance company. Insurers refuse to issue a document and refer to the fact that they have fulfilled all obligations; in order to make any claims, you must contact a service station. When submitting a written complaint, there was no response, and no repair work was carried out.

Solution:

Following the above, we can conclude that the insurance company has transferred the authority to fulfill obligations to carry out repairs to a car service center on the basis of Article 313 of the Civil Code of the Russian Federation. But according to the resolution of the Plenum of the Supreme Court of the Russian Federation No. 20 dated June 27, 2013, the insurer will act as a defendant. And also on the basis of Article 29 of the Law of the Russian Federation, the consumer has the right to demand full compensation for losses caused to him as a result of the services provided.

Situation:

After the repair work was carried out at the service station, you were invited to inspect the car. It was not the owner of the car who came for the inspection, but his relative. No errors were identified in the work, and the car service gave the car to a relative. At home, with good lighting, a number of complaints were identified regarding the quality of the work performed.

Solution:

After identifying all the shortcomings, contact this service station, and you must have a written complaint with you, where you refer to Article 29 of the Law on the Protection of Consumer Rights. And it is also worth pointing out to them that they did not have the right to issue a vehicle to a stranger, whether he is a relative or not, without checking his credentials. In addition, threaten them with a statement to the prosecutor's office on the basis of transferring the vehicle to another person.

Situation:

The repair of the car under CASCO was carried out poorly, the certificate of work performed was not signed, and the owner took the car. After this, a claim was sent to the car dealership with a request to return the money, after which the service station undertook to carry out the repairs within the specified period, but did not comply.

Solution:

The owner of the vehicle has the right to file a claim in court against the insurance company.

Claim to the insurance company to the Federal Insurance Supervision Service

Another name for the organization is Rosstrakhnadzor. This is an executive body that was previously responsible for maintaining a unified register of organizations involved in the insurance industry. The powers of the institution included issuing licenses and monitoring the solvency of insurers. Additionally, the government agency was involved in granting permission to open branches with the help of foreign investment.

Attention

On July 25, 2013, the President of the Russian Federation issued Decree No. 645. The organization was abolished. Now its powers have been transferred to the Central Bank of the Russian Federation.

Step-by-step instructions for filing a complaint against a CASCO insurance company in court

It is recommended to go to court as a last resort. The organization will agree to consider the application if the CASCO insurance company did not pay the amount of compensation in full or refused to provide funds at all. A statement of claim needs to be filed. There is no need to contact supervisory authorities.

IMPORTANT

The only condition is compliance with the pre-trial procedure. This means that you will initially need to submit a claim to the CASCO insurer. It is necessary to go to court if the document was ignored or the citizen was not satisfied with the result of the review.

In 2021, interaction is carried out according to the following scheme:

1. A statement is drawn up. It must be filled out in accordance with the norms of the Code of Civil Procedure of the Russian Federation. Here are the rules for filling out a claim. If you need to appeal the actions of the insurance company, you need to be guided by the provisions of the CAS RF.
2. The person submits the statement of claim to the court. The office will review the paper and check for errors. The application will be accepted if they are missing.
3. A trial is ordered. The applicant will be notified of this.
4. A hearing is taking place. You need to take part in it. During the process, a citizen has the right to justify his position by presenting evidence and facts of violation.
5. The court issues an appropriate verdict. If the applicant is not satisfied with it, it will be possible to appeal the decision.

When going to court, a citizen must be prepared for a lengthy trial process. It is recommended to immediately use a ready-made claim template.

with a claim to the insurance company for CASCO in WORD format.

How to prepare and submit a CASCO claim

A CASCO claim is made in writing addressed to the insurance organization specified in the contract or its director. The text of the claim indicates the applicant's information for feedback, the actual circumstances of the case, and the reason for filing the claim. It is necessary to describe the result that the applicant intends to achieve by filing a claim.

Documents confirming the basis for filing are attached to the claim. These can be expert reports, a technical inspection report (when representatives of the insurance company claim that the vehicle was faulty at the time of the accident), etc.

It is best to send a claim by registered mail with notification and a list of attachments. You can submit it to the claims department of the insurance organization (which usually exists). Make sure that on the second copy the employee who accepted the claim puts not only a signature, but also a transcript, position and date.

Refusal to satisfy a CASCO claim or failure to receive a response to the claim will be grounds for filing a claim in court. This may be a claim for the recovery of a penalty for violation of payment terms, or for the protection of consumer rights.

Time limits for consideration of a complaint under CASCO

The response to the appeal must be given in accordance with the norms of Federal Law No. 59 “On the procedure for considering appeals from citizens of the Russian Federation” dated March 2, 2006. In 2021, the deadline depends on the organization to which the application is submitted.

Liability and penalty

When the complaint against the CASCO insurance company is considered, an appropriate decision will be made. If the applicant's demands are considered legitimate, they will be satisfied. Action will be taken against the insurer. The organization will correct the violation. Additionally, penalties may be applied. If the requirements are unreasonable, the application will be rejected. In this case, an appeal against the decision is permissible. To do this, you need to contact a higher authority.

Attention

Additionally, a decision may be made to collect a penalty under CASCO insurance. This is one of the measures of civil liability of the insurer in connection with failure to fulfill the provisions of the contract. The money can be recovered in favor of the policyholder. The process is carried out during the trial. The amount of the penalty may be 3% of the cost of the service for each day of delay. Such norms are enshrined in the law “On Protection of Consumer Rights”.

How to properly file a claim?

After receiving a written refusal to pay compensation, you can begin to file a claim. The text is compiled arbitrarily, but in compliance with certain rules.

The claim must include:

• contacts of the policyholder;
• description of the problem (date of the accident, amount of damage, steps already taken to resolve losses);
• requirements and deadlines for their implementation;
• Bank details (if required).

All contact information must be included in the complaint. Be clear about when and where the accident occurred, exactly how your vehicle was damaged, and what the amount of damage was.

The insurer must be required to eliminate the violation of the law and pay the money within the established time frame (for example, within a month).

If the company decides to pay for the repairs, then the issue can be considered closed, but if a refusal follows, then it is necessary to move on to the next stage - resolving the dispute in court. If the requirements are partially satisfied, you can also go to court.

Actions of the insurance company after a complaint

Once the insurance company receives the complaint, it will review it. Then the requirements can be satisfied, or a justified refusal can be given. Typically, the applicant's arguments and likelihood of winning the case are assessed. If it is small and the applicant’s case is not obvious, the risk of denial of the claim increases.

IMPORTANT

Before filing a complaint against CASCO insurance in 2021, it is better to consult with a lawyer. He will tell you what to do to encourage the institution to fulfill its obligations.