Supreme Court: the methodology for calculating repair costs under OSAGO is legal

Today, according to our legislation, people who are involved in a car accident, if they have a valid insurance policy, have the full right to compensation for damages from the insurer. But the damage, for the most part, depends on the wear and tear of the vehicle, as well as its individual parts.

It is impossible to calculate the amount of insurance payment without taking into account wear and tear. Let us agree that the calculation of wear and tear is a determination of the decrease in the value of the entire vehicle, individual parts and assemblies.

Wear and its definition for a motor vehicle are comprehensively described in the legislation of the Russian Federation. It contains all the provisions for calculating wear and tear and explains situations in which, for example, a vehicle that is not new can have zero wear.

Briefly about OSAGO

OSAGO is an agreement on the protection of civil liability, drawn up by two parties: the owner of movable property and the company that ensures its material safety on the road. The main and only circumstance in which it comes into force is a traffic accident that occurred due to the fault of the policy owner. But compensation in case of an accident occurs only in favor of third parties, and not the client himself, as CASCO provides.

Maximum amount of compensation

under compulsory motor liability insurance reaches 160 thousand rubles, provided that more than 2 people were injured in the accident. But if a collision occurred between two cars, then the insurance company is limited to a payment of up to 120 thousand rubles. Therefore, the culprit of a traffic accident sometimes has to pay extra money to the injured party for equipment repairs from his own pocket.

To prevent a citizen from being deceived when assessing the damage received, he needs to find out how the unified calculation of damages under compulsory motor liability insurance is carried out (using the RSA calculator) even before payment. After all, after the transaction has been carried out, it is already useless to compare the amount of funds received with the amount of compensation.

How much is indemnified under compulsory motor liability insurance in case of an accident if the driver is not sober?

If a car owner has a purchased MTPL policy, and he gets into an accident while under the influence of alcohol or drugs, then he should at least expect a large fine and deprivation of his license from the traffic police.

In this case, the insurance company, even in this case, is obliged to make an insurance payment to the injured party, but in the future it will demand compensation for this amount from the policy owner through the court.

What is a unified method for calculating damage

EMRU is a procedure that insurance company representatives can perform on the policy owner’s damaged vehicle in order to accurately calculate the cost of repairing it. This process is based on several formulas derived by the Central Bank. And additional data for applying the mentioned system are about 10 different criteria related to the circumstances of the accident, the mutilated cars and the characteristics of their owners.

Structure

A unified calculation of damage RCA is a document for entering the testimony required to create an estimate for the restoration of movable property. It contains the following points:

  • Basic terms of the insurance system and their interpretation;
  • General algorithm for calculating the damage received;
  • Several formulas;
  • A reference book for clarifying some of the data contained in the EMRU form;
  • Step-by-step instructions for assessing damaged equipment.

The methodology for calculating the amount of compensation payment itself includes six simple steps:

  1. Fixation of damaged areas on the machine;
  2. Studying the circumstances of the accident;
  3. Drawing up estimates for repairs;
  4. Accounting for wear of individual spare parts;
  5. Compiling a list of surviving parts;
  6. Determining the initial price of the car.

As additions that help establish the exact cost of restoring a vehicle, EMRU suggests using:

  • Conclusion from the service station on the work performed (indicating costs);
  • Certificate-invoice;
  • Video or photographic recording of the damaged vehicle;
  • A printout from RSA with current tariff rates for the current year.

A car enthusiast can download a document on a unified methodology for calculating damage under compulsory motor liability insurance for 2019 (with Central Bank formulas) from the official website of RSA, where there is also an electronic database of car brands, consisting of 64 items.

Formula

The simplest and most frequently used formula for calculating losses resulting from an accident looks like this: RK = SR + SM + SD, where:

  • RK – amount of compensation payment;
  • SR - the amount indicated in the repair estimate;
  • SM – price for consumed materials (taking into account their wear);
  • CD – the cost of replaced spare parts (damage received before the traffic accident is not restored at the expense of the insurance company).

At the same time, using this payment system, the driver and representatives of the insurance company are required to refer to the same documents. The maximum difference between the average market price of purchased parts and the figures in the estimate should not exceed 10%.

In what cases is it used

Analysis of damage received in a road accident using a unified calculation method is used in almost every insured event. But according to the law of the Russian Federation, only:

  • Auto insurers who have the appropriate accreditation to examine damaged vehicles;
  • Independent specialists (or organizations providing similar services);
  • Private individuals holding a state certificate;
  • Representatives of the judiciary.

Attention! Ordinary citizens injured as a result of a road traffic accident have the right only to informally use the calculator to assess harm according to the unified RCA system. Therefore, the data they obtained is prohibited from being presented in court.

21–1


To identify complex damage, expensive equipment is needed.
Most experts don't have this. To identify complex damage, expensive equipment is needed. Most experts don't have this.

To identify complex damage, expensive equipment is needed. Most experts don't have this.

There are other problems too. According to expert Alexander Gladyshev, some car damage, such as body distortions, can only be detected at a special stand. And not all car service centers have expensive measuring systems, let alone experts. As a result, the cost of such work will not be taken into account by insurance specialists. This means that the money will not be enough to repair the car.

Calculation of repair costs

A car damaged in an accident is a huge financial investment, which sometimes exceeds initial expectations. When calculating repair costs, the following are taken into account:

  • All damaged parts of the car body;
  • Its spare parts that are out of visual reach;
  • Separate mechanical units of the vehicle;
  • Paintwork, provided that the general condition of the movable property is not regarded as “totally destroyed”
  • Amount of materials used;
  • The work itself.

It is important to know! When setting the price, experts take into account the technical characteristics of each element, its current wear and tear resulting from ordinary mileage, and the region where the accident occurred. After all, the cost of auto parts in different regions of the Russian Federation differs significantly.

Regardless of which method is used to assess the damage (online RCA, or during a personal visit to an expert), the date on the conclusion must coincide with the day the accident occurred. Otherwise, such a document will be declared invalid. And if the damaged vehicle already had scratches and dents recorded in the policy, then the insurance company will not take them into account in calculating the amount of compensation for losses.

How to calculate the degree of wear of parts according to EMRU

To determine the level of wear of a unit or other component of a vehicle, use the following formula specified in Chapter 4:

Here e=2.72, ΔT and ΔL are coefficients taken from Appendix 5 to the document, Tku is the service life of the part, Lku is the mileage of the car.

Expert opinion

Nadezhda Smirnova

Automotive Law Expert

If some component is in a obviously more worn-out state than the rest, the indicators from Appendix 6 are used to determine the degree of wear. When replacing some auto elements, depreciation is not taken into account at all. We are talking about airbags, belts and other parts from Appendix 7 of the EMRU.

Independent examination for RSA

As we have already found out, a unified methodology for calculating damage under compulsory motor liability insurance (RSA), taking into account the prices of spare parts, is required only when an insured event occurs. However, in order to accurately determine the cost of the upcoming repair, the damaged vehicle must be carefully inspected by an independent expert who must meet the following requirements:

  • Possession of higher technical education;
  • Timely completion of advanced training courses (every 3-5 years);
  • Work experience of at least 1 year;
  • Availability of a certificate (license) of successful training;
  • Relation to the unified electronic register of the union of auto insurers (when contacting the RSA database to calculate damages for a specific risk event, the client can familiarize himself with the personal data of the expert. If his name is not in the register, then, most likely, he has an unoriginal or even counterfeit certificate).

It is important to know! The above conditions are put forward for all independent specialists involved in the inspection of cars, motorcycles, buses and other vehicles damaged in road accidents.

For whom was EMRU created?

The methodology was developed by the Central Bank to determine the amount of damage incurred in an accident by an individual. Based on the legal document it is calculated:

  • insurers and their representatives;
  • experts from independent organizations to which firms or victims turn for help;
  • specialists working in the judiciary;
  • independent technicians included in the state register of experts.

All of them have the opportunity to study the car after an accident, determine the extent and nature of the damage, and determine how much it will cost to return the car to its pre-accident condition.

We recommend reading about how to return KMB under compulsory motor liability insurance. From the article you will learn how to return KMB under compulsory motor liability insurance through RSA, if the insurer refuses to do so, if the insurance company is liquidated. And here is more information about how the MTPL accident-free ratio affects the cost of insurance.

Practical calculation example

We learned what criteria are used to calculate damage using the unified RCA method and what is needed to receive compensation without trial. To better understand the harm assessment process, we recommend considering a specific example, broken down into sequential steps:

  • A 2012 Cherry Amulet with 75,000 km on it was involved in a traffic accident on April 16, 2017;
  • Before calculating the damage received, the expert must assess the level of wear of machine parts using a special formula (in our case, this figure is 35%);
  • Next, the vehicle is carefully inspected in order to fix fresh dents, chips and scratches (after an accident, Cherry Amulet suffered damage to the front bumper (3,800 rubles) and the right element of the head optics (3,400 rubles). The total damage is estimated at 7,200 rubles, which, wear and tear of 35%, will decrease to 4680 rubles);
  • In addition to replacing damaged spare parts, the car requires mandatory balancing and additional painting, which in total will cost the client 3,100 rubles. This is the sum of the cost of materials consumed;
  • Auto mechanics spent 4 hours restoring all affected areas of the vehicle, which at a rate of 1 thousand rubles/60 minutes would be 4 thousand;
  • Having all the necessary coefficients in hand, we calculate the total amount of damage received using the single formula RSA - RK = SM + SR + SD (4000 + 3100 + 7200 = 14,300 rubles).

This way, every car owner can calculate the approximate amount of compensation payment for his or her insured event without outside help.

We learned what EMRU is and how to use it at home. In conclusion, it is worth mentioning that the results of such a calculation can only be used to reconcile the report from the insurance company with the actual estimate for restoring the car. The obtained figures cannot be used for other purposes.

What formula is used to determine the amount of insurance payment?

EMRU tells you how to correctly make calculations to find out the amount of insurance compensation.

The calculation is carried out using the following formula:

РВ=ЦМ+ЦР+ЦД, where РВ means the total amount of payment, under ЦМ – the price of materials, under ЦР – the price of repairs, under CD – the price of parts that require replacement.

When calculating all of the above indicators, the average market price tag is used. When calculating CR and CM indicators, the city where the incident occurred and the exact date must be taken into account.

When determining the cost of the CD parameter, wear and tear must be taken into account. To do this, a correction factor is calculated, and then the result obtained is subtracted from unity and multiplied by the CD parameter.

Since the correction factor is never greater than one, no insurance company will reimburse the full market price of the part. And this is logical, since over the years the condition of all spare parts of the car deteriorates.

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