Situations where insurance has paid little for OSAGO, are now quite common. Often, the damage of damage becomes two or three times more money than the amount that the company decided to pay to its client.
It is in order to know how to act in such situations, it is worth carefully studying this issue. After that there will be a chance to defend their rights and protect their own interests.
Possible amount of compensation claims
A company with which a client has entered into an agreement on the compilation of a CTP policy must pay him compensation in the event of one or other cases . It can reach up to 400 thousand rubles. It is precisely this amount of financial assistance that a subject can hope for when an insured event occurs, when damage to life and health has been caused, and any damage has been caused to the vehicles.
In order to understand exactly how much money you can count on, it is worth considering the following table describing possible insurance claims arising from driving on the road:
|Possible insurance claims||Compensation amount|
|When causing damage to life and health of several injured||240 thousand rubles|
|When causing damage to the life and health of only one person||160 thousand rubles|
|When damaging the property of several people||160 thousand rubles|
|When damaging the property of only one person||120 thousand rubles|
Table 1. Insurance Cases
It is also very important to pay attention to some factors influencing the principle of making payments under the CTP insurance policy by an insurance company . For example, the amount of compensation depends on the wear of vehicle parts. He, in turn, is determined by analyzing the year of release of the car, as well as its mileage.
Important! Older vehicles often have a greater mileage, as a result of which they have a significant percentage of wear.
It will directly affect the amount of financial assistance received from the insurer.
To determine what damage the car received as a result of the insured event, and which it acquired during its operation, only a qualified experienced expert after the diagnosis of all the existing damage can.
What actions are better not to perform
In order for the insurance company not to underestimate the payment of the insurance policy , you must fully follow the established rules of action after a particular insured event.
There are the following actions that may affect the fact that there will be underpayment of compensation:
- Elimination of damage before the insurance inspection and diagnostics of the car. Even in those cases when the vehicle owner completely takes photo and video recording of damages, as well as conducts his own independent repair at the service station, the insurer will have the right not to accept all the data thus obtained. Theoretically, in such situations, the company should make concessions, as the driver may need a car urgently after an accident. At the same time, in practice, it turns out that insurers do not pay the full amount, or refuse to provide assistance at all , since another contracting agent violated the established Rules.
- Also, in no case should not trust an insurance expert . This is due to the fact that he works for the company with which the CTP policy was concluded. As a result, this specialist will often work in the interests of his own employer.
- No need to throw away the results of an independent examination , the inspection report of the vehicle, as well as payment information, even after the repair of the car. In some cases, they may be useful for upholding one’s own interests, if some time after the accident it turns out that certain malfunctions were initially not detected.
If one is wary of the implementation of all the above cases, it is possible to receive a full objectively determined amount of compensation .
Attention! Repair is completely prohibited until the car is inspected by an authorized insurance company.
Also, it is not necessary to conduct it in those cases, until an agreement was reached by the parties on what the amount of financial assistance should be.
If the driver deems that the company has not paid extra , he can arrange for the vehicle to be re-examined, after which a new act of the insurance case will be drawn up. Such actions will make sense only when the car has not been repaired.
Legal reasons for underreporting
If the insurance company has counted a very small amount under the CTP policy, in some cases it may have legitimate reasons for this.
Most often this concerns the following reasons:
- Exclusion of some damages from the total amount of the estimate . Most often this applies to vehicle coatings. In most cases, the company does not pay for it, if the damage is more than 25 percent of the total area of the car, or corrosive phenomena are present. In such situations, experts conclude that the damage appeared over a long period of time, and not directly the accident itself.
- Worn certain parts , requiring replacement. Insurance most often does not cover such expenses, as they occur over a significant period of time, and not during the accident. At the legislative level, such issues are not yet fully resolved. Therefore, each owner of the vehicle remains the right to challenge the amount that the insurance company counted. In this case, the court will not always be on the side of the plaintiff.
- Calculation of the amount of refunds without taking into account the loss of commercial value . In accordance with the PVS resolution, the insurer has no right to remove TCB from the final amount of the payment. That is why small compensation for such reasons always becomes the object of litigation in court.
There are two possible types of clearance accidents – on evroprotokolu and calling DPS officers.
For the first case, certain conditions are necessary, such as the absence of injured people, a limited amount of damage of 50 thousand rubles, participation of no more than 2 vehicles, the presence of an OSAGA policy from all subjects of the accident, as well as complete agreement of the parties about the incident.
As for the traffic police, they often fill out the documents very casually and quickly . Despite the fact that they take responsibility for registration of an accident on themselves, the presence of errors – this is a typical situation. Therefore, it is very important to check their actions, and fix all damageson photos and videos .
As a result, why the insurance company pays low compensation is quite understandable. Therefore, you need to be prepared for this.
Features of the independent examination
Currently, an independent examination, initiated by the driver, is impossible . The insurer independently chooses an expert organization, according to the results of which an appropriate calculation is made.
The owner of the vehicle can carry out an inspection of the car with its own specialist only when the company did not meet the requirements of this work within five days. In fact, such a process can be carried out at any time, but its results will not be taken into account by the insurer.
Attention! If the company has counted a smaller amount than the independent examination of the driver, then the next survey should not be carried out.
It is required only when there are controversial questions about the list of damages and their degree.
In most cases, the driver-initiated examination will be done after the insurers have paid a small amount. In this case, the opinion of an independent expert can be the basis for pre-trial and trial proceedings. In other situations, there is simply no direct issue of the dispute.
Protecting your own rights in court
The company, if paid less than the cost of repairs , can expect the owner of the vehicle to have a pre-trial claim or to go to court. It seems to many drivers that large enterprises will not go to a settlement of a disputable situation without a trial, as a result of which they neglect it.
Lawyers insist that you should not do that. The pretrial complaint may become a factor during the trial, strengthening the position of the owner of the vehicle.
Creation of pre-trial claims and other complaints
If the driver of the car was paid a lower amount under the CTP policy , he needs to create the correct pre-trial claim against the insurer together with his own lawyer. It should indicate what the differences are, arguing his point of view from the legislative and financial side.
It is necessary to indicate in the pre-trial claim that in the event of non-compliance with the requirements, the company will be forced to defend itself in court. If she fails to do this, the entire amount she underpaid, along with compensation for the court decision, will have to be paid to the client who filed the claim .
Mandatory pre-trial claim must be supported by relevant documents.
Among them are the following:
- passport of a citizen of the Russian Federation;
- insurance policy valid at the time of the accident;
- proof of ownership of the vehicle ;
- certificate of traffic accident on the form 708 ;
- expert opinion on the nature and extent of damage to the car.
In order for insurers to pay full compensation , a package of documents should be sent along with a pre-trial claim by registered letter. At the same time it is important to request a delivery certificate and an inventory of the attachment.
Additionally, you can file complaints with PCA and FSSN . They will not affect the restoration of justice, but will help accelerate the revitalization of the insurance company. The answer must be expected within 5 business days . If the insurer is not satisfied with the stated in the claim, it will not be possible to reach any agreement peacefully.
Important! The statute of limitation in applying to the court after the insurance did not cover all the costs of repairing the vehicle. Makes 3 years.
It is possible to wait after a pre-trial claim before filing a lawsuit in court for a long time. But at the same time, it’s not worth waiting too long, as the judge may consider some mercenary motive in this. This is due to the fact that every day of non-payment for the company of the insurer can wrap 1 additional percentage to the amount that he will pay in the end.
Going to court
The pre-trial claim may be approved by the insurance company in full or in part . Moreover, in most cases, the driver of the car receives a refusal or even ignoring his complaint. Many vehicle owners naturally have a question about what to do in this case.
The answer is obvious – to file a lawsuit in court. There is a sense in this in many cases, if insurers substantially underpaid, there really is.
If the driver of the vehicle really turns out to be right in court proceedings , he, in addition to the correct amount (for example, 100 thousand rubles) can receive compensation of this kind:
- Due to the fact that insurers lowered the amount of compensation – 50 thousand rubles.
- On the fact of non-payment duration – a penalty in the amount of 1% per day . If the court decision was received after 2 months, the driver will receive an additional 60 thousand rubles.
- In fact of moral damage – 5 thousand rubles .
If the small CASCO payment does not suit the vehicle owner , he needs to go to court with the following documents:
- notice of accidents;
- AP protocol;
- ruling on the AP;
- power of attorney to conduct the case;
- other documents (testimony of witnesses, an agreement on independent examination, receipt of payments, etc.).
If Rosgosstrakh paid, as the most popular company, a small compensation , the driver can ask for help to the world or district court. Most often you need to choose the first option.
In order to end up with payments, you must correctly draw up a statement of claim . To do this, it must be compiled with a qualified lawyer. Low compensation in this case will not happen by a court decision if the vehicle owner has not violated the Rules. To subscribe.
Before you get a calculation and payment of the insurance amount, the driver of the car in fact can not take any action to protect their own rights. Only after indignation of damage, he has the possibility of initiating pre-trial and judicial proceedings on the basis of his own independent examination .
To ensure that, as a result, insurers pay a certain amount of funds, it is realistic . But it should be understood that in no case do not need to violate the rules of the policy. In addition, any lawsuit will take a certain period of time, what you need to be prepared for.