Car repair under compulsory motor liability insurance at an insurance service in Moscow

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

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

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

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

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

It turns out like this:

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

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

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

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

Where will they be sent for repairs under CASCO?

Unfortunately, the situations described above occur quite often. In such cases, policyholders most often do not have compelling arguments to defend their interests. The CASCO agreement, which provides for service at the station “at the direction of the insurer,” actually transfers the determination of the place of restoration of the car to the “jurisdiction” of the insurance company. Is it possible to avoid this? An alternative here is to have the car repaired at a service center “at the policyholder’s choice.” A corresponding option is usually included in the basic vehicle insurance product.

As a rule, this option leads to an increase in the cost of insurance by 20-30%. On the other hand, in this case, the policyholder actually gets the opportunity to dictate his terms to the insurer regarding the place of repair. Although, of course, when choosing an appropriate position, it is worth asking about its “understanding” by a specific company. For example, it is unlikely that repairs in one of the services in Berlin in Germany will be implied here. It is also unlikely to agree on the estimate of any individual entrepreneur who is “asking” several times more than the price of an official dealer for the same amount of work. It wouldn’t hurt to pay attention to questions such as:

• What are the geographical restrictions when choosing a station?
• Are there price limits for workshop services?
• Are there requirements for the characteristics of the service (experience, status, etc.)?

There may be other nuances that may “pop up” during a more detailed analysis. Cost restrictions are not on specific monetary values, but on the corresponding characteristics of, say, the official dealer service of a certain brand. And if repairs are possible at a remote station, it would not hurt to also find out whether transportation of the machine to its location is paid for. Considering the significant increase in the CASCO price when choosing this condition, a thorough clarification of all the features of the option is very justified.

It is difficult to say whether such an overpayment is worth it. The answer depends on many subjective factors, and everyone must make their own decision on this matter. At the same time, it is hardly possible to officially state all the features of the service within the framework of the concluded insurance contract. Of course, it is necessary to pay attention to the official conditions contained in the insurance rules and other documents. At the same time, it is worth taking into account the reputation of the insurance company, evaluating reviews about it, and understanding the organization’s position in the insurance market. As practice shows, even the best conditions from an unscrupulous insurer can turn out to be worse than the completely “budgetary” parameters of a contract from a decent company.

Law on payments under compulsory motor liability insurance

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

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

What does the approval of payments depend on?

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

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

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

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

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

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

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

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

List of technical centers for repairing warranty and post-warranty vehicles under MTPL

This section provides a List of technical centers for repairing warranty and post-warranty vehicles insured under compulsory motor liability insurance, with which RSO EUROINS LLC has entered into a customer service agreement.

Deadlines for submitting an application for payment

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

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

Procedure at the scene of an accident

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

Related article: Sports insurance for children in Rosgosstrakh

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

Required documents for submitting payments

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

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

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

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

applications for payment under compulsory motor liability insurance in Rosgosstrakh.

For your information

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

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

Payment stages

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

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

Within what period must a motorist contact a service station for repairs under compulsory motor liability insurance?

The current legislation of the Russian Federation does not regulate the validity period of a referral for restoration work. Often insurers indicate it in the document. Typically the period ranges from 7 to 20 days, taking into account the policy of the insurance company.

If the specified deadline is violated, do not panic. You just need to contact the insurer again and get a new referral. The company has no right to refuse to provide it, otherwise it will be regarded as a refusal of insurance compensation. At the same time, the Civil Code of the Russian Federation defines a “reasonable period”, which is 7 days. It does not apply specifically to referrals for repairs, but many insurance companies rely on it.

Deadlines for payments under compulsory motor liability insurance at the RGS

The standard period for making compensation is 20 days.

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

Attention

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

What is taken into account when repairing under MTPL

After changes in the law on compulsory motor liability insurance, the procedure for sending a car for repairs is completely different. The main factor is calculating the cost of the auto repair shop’s services and the parts that need to be replaced.

The insurance company transfers money to the car service center, taking into account not the cost of the part or work indicated on the check, but the prices fixed by the Central Bank. They often differ significantly from the real ones. In this case, the owner is offered to repay the missing amount with his own funds.

Also, the car owner will have to pay extra if the amount required for restoration work exceeds the established limit of 400,000 rubles. in case of major accidents (with a call to the traffic police) and 50,000 rubles. - when signing the European protocol.

To characterize the body damage received by a car, the following parameters are used:

• ratio of the size of the damage to the total area of ​​the vehicle;
• depth of dents;
• the value of the car before the accident occurred;
• degree of structural damage;
• characteristics of parts adjacent to the damaged areas given by the manufacturer.

When assessing the scope of paintwork work, the following is taken into account:

• where is the damaged area?
• which coating layers are affected;
• the type of paint used;
• what the painted parts of the car are made of;
• degree of damage to the part by corrosion;
• what color is the car painted, are there any drawings and advertising inscriptions on it.

When calculating painting costs, the lowest possible budget is used.

Also, when determining the amount of repair, a list of undamaged areas and parts is compiled.

Application for MTPL payments Rosgosstrakh Online

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

Thus, the application and documents are needed:

• or deliver in person;
• or send by mail.

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

Stages of obtaining a referral to a service station under compulsory motor liability insurance

Each insurance company has its own requirements for the compensation procedure. In the vast majority of cases, they include the following steps:

1. Collect a package of documents for compensation of losses from the insurance company under compulsory motor liability insurance.
2. Submit the application and collected documentation to the insurance company.
3. Wait for the insurance company’s decision to pay compensation (in kind or cash).
4. Issuing a referral to the client to contact a car repair shop to have the car restored at a pre-approved car repair shop (this can be negotiated with the insurance company).
5. Restoring the vehicle, receiving it back, making a decision to take the vehicle or challenge the quality of the work performed, after which they are redone free of charge or indicate the basis for refusal.

What determines the amount of payments?

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

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

Reasons for refusal of payments

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

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

Actions if Rosgosstrakh refuses to pay under compulsory motor liability insurance

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

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

IMPORTANT

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

Requirements for service stations under compulsory motor liability insurance

Russian legislation establishes requirements for car services to which insurers can send car owners:

• Remoteness. From the place of residence of the victim or the incident on the road, the distance to the car service center should be no more than 50 kilometers. The insurer can also use a more remote service station, but in this case the company must organize the delivery of vehicles to the service station for restoration work and back.
• Repair period. It should not exceed 30 working days from the moment the vehicle is provided to the service organization or transferred to the insurance company for transportation to the bus station.
• Repair at the dealership. If the car was manufactured less than 2 years ago, then its repairs must be carried out at service stations that have entered into an appropriate agreement with the manufacturer or importer.
• Monetary compensation for damage. If none of the proposed car services meets the requirements outlined above in relation to certain victims, then the car driver may receive a financial payment. Alternatively, you can agree to the service station offered by the insurer.

For example, the technical center is located 150 kilometers from the site of the road incident, and the insurance company does not organize or pay for the transportation of the car; in such a situation, the insurer is not authorized to set conditions.

As you can see, in many areas Russian legislation protects motorists and takes their side. It is important to know your rights and requirements for service stations under compulsory motor liability insurance. Don't be afraid to seek what is required by law. This can be done pre-trial and in court. If the case is won, all associated costs will be paid by the insurer. Therefore, insurers usually try to settle the case without bringing it to court.

Claim

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

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

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

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

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

complaints to the insurance company under compulsory motor liability insurance.