Casco lawyer Kasko p. How to get legal assistance on CASCO issues? We can help
1. How to get Casco if the owner died.
1.1. If there is an insurance payment, then the heirs have the right to receive it by contacting the notary with a statement about the adoption of the inheritance of Art. 1153 of the Civil Code.
2. Auto on Casco in Totaly, can I leave the rooms from it yourself?
2.1. Leave them for storage in MREO, and put a new car.
3. Is it possible to abandon the CASCO on the second year of the car loan.
3.1. Yes, you can refuse voluntary insurance at any time.
3.2. It all depends on the conditions of the lending contract. Although, if the CASCO was mandatory in the first year, the absence of this insurance for the second year can provoke one of two sanctions from the bank - a penalty or the right to demand early debt return.
3.3. From CASCO you can not yet repaid a loan, if not extended, financial sanctions will be applied to you, but from other services and insurance you can refuse if those were imposed.
4. I have a new car without Casco taken on credit what should I do.
4.1. To decide what to do you need to know for what reason did it burn? And is there a written conclusion about the reason for the fire?
5. Can I return the insurance of CASCO in the car loan?
5.1. It is possible if this possibility of return is established by the insurance contract. Also unconditional bases installed ch. 48 Civil Code of the Russian Federation Insurance.
6. Is it possible to abandon the Casco on the car loan and make a recalculation?
6.1. No from Casco, but from other imposed services and insurance, if you are?
7. How to get a TCB after repairing a car by Casco.
7.1. It all depends on the CASCO contract. If it is not written, through an independent examination and to court, if only you are not a culprit of an accident,
8. Hit in an accident, I am the culprit. Osago ended. The victim has a car loan with a hull and a franchise. How much should I pay him?
8.1. Eugene, good afternoon.
You must compensate all the damage caused.
The victim is the amount of franchise, insurance - the amount of repair.
Art. 1064 of the Civil Code of the Russian Federation
1. The harm caused to the person or property of a citizen, as well as the harm caused to the property of a legal entity, is subject to compensation in full by the person who caused harm.
9. DTP with not majority, without rights, without insurance. My car in Casco, but a franchise of 10 thousand rubles can I return it through the culprit.
9.1. Yes, in court, through the recovery of damages with the injury.
10. I bought a car, issued on myself. Subsequently, it turned out that he was pledged from the bank. I want to make a casco, who in this case will be the beneficiary, bank or am I?
10.1. If the car is pledged by the bank, the bank can at any time draw recovery for the pledge (especially if information about the pledge was entered into a notary register of collateral at the time of sale).
It is much more important in your case than the beneficiary's issue when CASCO.
11. They took the car in Trade Inu on credit. Six months later, they fell into an accident, not in their fault. CASCO is repaying the bank only 513,000. Trade IN was 170,000, plus the purchase of insurance and components, all together 730000. Every month paid 15,000 bank. But only 530000 loan body turns out to be insured, my contribution is not. Can I demand the remaining money through the court? From whom? From the culprit of an accident? It turns out I am not to blame for anything, but I stayed without a car and without money.
11.1. The residue can recover from the insurer of the culprit on CTP or directly from the culprit.
11.2. Hello. You have the right to recover the damage in court from the culprit of an accident. Contact, help.
12. The CASCO policy recorded that the jurisdiction is determined by the location of the insurance company. I apply for damages according to the Law on Consumer Protection Act, how to get from this item and submit a lawsuit at the place of residence.
12.1. Hello. Competently substantiate the jurisdiction in the claim.
12.2. You simply do not accept the lawsuit or subsequently will send at your contractual judgment.
You can try, of course, and at its place of residence, referring to the ZZPP.
12.3. Grounds for the insurance company?
The contract cannot be circumvented, but you can file a statement of claim, both in electronic form and by Russian Post by registered letter with the description.
13. When parking damped bumper about the border .. I can count on something? Thanks in advance!
13.1. Hello, see the terms of your contract. If the vehicle insured from damage, you can calculate.
Good luck and all the best.
14. I have a dispute with Ingosstrakh, at the Casco Polish, there was an accident, all the references provided, and they refused me, because of the Casco policy, I received a formal permission to transport passengers (taxi) for its acting IP, And the insurance company did not inform, because of this they refused to repair.
14.1. Have you been with Passengers on paid transportation?
If you just brought friends and acquaintances, apply to the court in accordance with Article 131-132 of the Code of Civil Procedure of the Russian Federation.
14.2. Write a claim. UK actions are not reasonable. The fact of using this is this TC for commercial purposes is not specified.
15. I bought a car a year ago. I insured on CASCO but during the year chips and scratches appeared. Can I contact an insurance company for damages?
15.1. If the chips from mechanical damage then need to contact the SC, and if the marriage of the LCP is the question to the dealer.
15.2. Depends on insurance conditions. Do you have a contract on your hands?
15.4. You can always contact. Does the insurance company recognize these injuries to the insured event? To do this, you need to explore your contract. In accordance with its terms, prepare evidence (documents or other evidence) and submit it to your insurance company. If they refuse to pay - contact the court. Make all your actions in writing to make it in court. This is: Appeal to the company, evaluation of damage (restoration repair), requirement of payment, obtaining refusal to pay and so on. Remember - that telephone negotiations with contact persons (especially with bots) is impossible to the civil case. Start with the analysis of your insurance contract.
16. The question of the return of the residual amount of CASCO (early repayment of the loan) as during the purchase - sale (in the case of the OSAO) PS: CASCO-RESO.
16.1. You need to familiarize yourself with the contract.
17. The car was purchased into lease. For five years. Casco was paid for the entire term of the contract. The car was early bought. Support for the change in the owner and the beneficiary received. What happens to Casco? Is it also valid for five years?
17.1. It depends on what is written in the CASCO Agreement. What is said about the beneficiary, the owner and TP. Perhaps it will be possible to terminate the contract and return some of the money if he acted until the transition of ownership.
But it is difficult to say, it is necessary to read the contract.
18. Driving along the federal highway in the left strip, in front of me the car slowed down sharply and went to the right, as there were cars ahead, I did not have time to leave for interference and stuck in the ice bored in standing cars. Insurance is usual. The traffic police discharged 1500 for non-compliance with the distance. How to be in such a situation and can I get insurance without having a casco?
18.1. You are to blame for your car, you will repair yourself and the victims of the insurance.
18.2. Hello!
Unfortunately, in the current situation, it is not necessary to count on insurance.
19. Auto injured in an accident I am not to blame. On my car there are Casco. It was decided to apply to the insurance insurance. Is it possible to recover from the culprit of the TTS. Machine for 11 months.
19.1. If the car is less than 5 years old, then the TCB is accumulated from the culprit. An expertise is needed to determine the cost of the TCB, then the claim and lawsuit in court. There are no problems with such claims. You can also recover from the culprit the difference between the cost of repair with wear and without wear - there are explanations of the Sun. The cost of examination and legal costs can also be recovered.
19.2. Hello. TCB can be recovered with insurance, when contacting insurance, indicate the payment of the TCB, will refuse, then recover the TCB in the prescribed manner with the insurance, if you refuse the perpetrator.
There will be difficulty, please help.
20. sold the car at an overpriced price per 100 thousand. The promised discount in the surrender of the old car 140 thousand. Canceled Approving that they agreed by the Bank by the creditor to issue a loan without CASCO. They argued that the bank gives under 8.7 percent., And the number of 17.2 percent claimed for 5 years.
20.1. The police about fraud treated? To the seller with a statement about termination of the contract turned?
21. They got into an accident on a new car, took the car on credit, can the CASCO insurance pay repair? The culprit itself is the owner of the car.
21.1. Hello!
When concluding a CASCO contract in such cases, the risk of "damage" should be insured. At the same time, regardless of who the culprit in an accident, in this case the owner of the TS is paid to insurance compensation. Form of insurance compensation - that is, the insurance will pay for the money or organizes the repair - also depends on the terms of the voluntary insurance contract.
Sincerely, lawyer Smolyaninova N. V.
22. Car service performed repair on Casco, but with marriage. The claim to eliminate the marriage answered that I need to contact the insurance company. But I do not have an insurance claim, but to the quality of completed work. How to make auto repair fix marriage in work?
22.1. Good evening! Reflect all the shortcomings in the act of workshop, as you can more. Direct the claim in the insurance company. If you ignore, please contact the court. If necessary, you can use the services of lawyers registered on the site. Sincerely, Golden Sofia.
23. We bought a car on credit, my husband fell into an accident, on Casco refusal, as the husband was drunk. The recovery machine is not subject to what to do now? Can an official dealer or bank offer any options? Or what will happen?
23.1. There will be no dealer options for you because the husband is to blame for an accident.
23.2. Alas!
Just repair at your own expense or sell as it is!
24. He applied to the insurance chamber of the CASCO - the car was damaged. The insurance sent to be repaired to the unofficial dealer (motivating the fact that the contract was concluded from this one hundred, and with the official dealer - no). But the car under warranty, the car is 1.5 years old. Can I demand repairs from an authorized dealer, despite the lack of an insurance contract with him?
24.1. Read the insurance rules, everything is painted there, where can be sent and in what cases. If in your case should send these problems under the contract to the dealer, let them send if the choice of insurance can be sent to anyone.
24.2. From my own practice - if the car is under warranty - the insurance company is obliged to send for repairs to the official dealer.
25. What to do if I am a culprit of an accident, slightly scratched the neighboring car in the parking lot. The victim is inadequate, she does not want to fill out the notice of an accident. GAI caused. I have a slightly stuffed bumper (you will not see immediately). I am waiting for docks from them. We have both Casco and Osago. What to do? If not filled notification?
25.1. If you have documents from the traffic police and the victim to contact the OSAGO, it will fill out its part of the notice and pass to the insurance (this will be enough), refuses to fill-insurance deterioration to refuse pay, because Not a complete package of documents.
If you are maintained on the CASCO-in the rules (if not given, they are on the site of the insurance), the list of documents required to provide to the insurance was listed. Perhaps you will not need notification by Casco, read.
26. New car bought the car in the summer, in the car loan, the car in a pledge of the bank, there is Casco and Osago, on December 22, it came from the highway to the ditch, was in the shock of the state himself did not suffer, the car was injured, but on the go, Guy did not cause, so Has it was necessary to work, will the CASCO reimburse the repair or will I have to pay for the repair of the car yourself?
26.1. If you did not cause traffic police, then it will be difficult for you to prove the occurrence of the insured event, it is almost impossible.
27. I want to submit an application for the termination of CASCO insurance. Insurance far, send by mail of Russia by registered letter with a note about the delivery - since what time to consider the application to be filed - from the moment of sending a letter or from the moment it is received by the insurance company? Thanks in advance for the answer.
27.1. Applications, notifications, notifications, requirements or other legally significant reports with which the law or transaction connects civil law consequences for another person, entail such consequences for this person since the delivery of the corresponding message to him or its representative.
28. I cry a car loan to the Network-Bank, I crossed the purchase of Casco, (but I bought it) I put a fine 10 000 r. (In the contract, these are stipulated and then they hurt them that I bought insurance not from their representative) the point if the bank can remove the amount of the fine with the amount by me by the principal debt, which I make a month monthly?
28.1. Read the contract, most likely there is such an order of repayment and costs, first legal costs, then a penalty, then interest, then the main debt. Look for a repayment order in the contract.
29. My brother died on the way to work, drove from vacation. Not to mention Kakai insurance company he was insured. The investigator does not give any references to obtain insurance. He was a passenger, which means even a casco. There have been three months and not what results.
29.1. Refer to the employer about damages according to the Civil Code of the Russian Federation, as well as request information to the insurance company.
30. Could you consult on the following question: in the summer they purchased a car on credit, naturally acquired the Casco policy, the husband was left without work, issued a taxi license, now the insurance company sent us a letter notice that because We have a car decorated under a taxi, you must pay extra 192000! Can I terminate the contract?
30.1. Hello! You can terminate the contract by agreement of the parties or in court. Also, the order of termination of the contract and the consequences of termination should be indicated in the contract. If you have violated the terms of the contract and if the amount that the insurance is requested is in the contract, these funds can be charged in court.
30.2. Yes, you have the right to terminate the insurance contract at any time with the payment of the insurance premium in proportion to the past insurance time ..
The insurance company in the reimbursement of expenses was denied on the basis of the fact that the wheel of the car during the accident was the face not specified in the insurance policy.
They presented legally substantiated grounds, according to which the insurance company had no right to refuse to compensation for damage to the car.
Having studied the arguments of objections, having studied the submitted materials on the case, the court to come to a solution to the satisfaction of almost all the claims of our client. The owner of the car by the insurance company was reimbursed the cost of removing car damage (insurance payments), also expenses for the payment of services for expertise, the cost of paying for advocacy services, moral damage. In addition, the insurance company was imposed a fine stipulated by the legislation on the violation of the consumer rights.
Business status:The case is actually done
Download PDF.The plaintiff appealed to the court to the insurance company about the payment of insurance compensation, penalties, moral damage, fine and court costs. As a result of an accident, it was caused by mechanical damage.
The insurance company in compensation was denied expenses on the basis of the fact that the plants were not paid in the contracting fees established in the contract.
Disagreeing with this position, the plaintiff appealed to our company with a request to assist in recovery of insurance payments and other expenses.
Having studied the arguments of objections, having studied the submitted materials on the case, the court to come to a solution to the decision of almost all the claims of our client (to recover from the insurance company the insurance compensation, the magnitude of the loss of commodity value, penalty and other expenses for the payment of notarial and other services, state duty, as well as Compensation of moral damage).
Business status:The case is actually done
Download PDF.A client applied to us with a request to assist in paying the insurance company of insurance compensation on the fact of causing damage to the car as a result of a traffic accident. The refusal of the insurance company in payments was based on the fact that in accordance with paragraph 23 of Art. 21 TS Insurance Rules is not an insured event and is not refundable for damage arising in the management of the CU by a person who does not have in accordance with the regulatory acts of the Russian Federation. In the case of our client, a person controlling the car at the time of the accident had a driver's license of another state.
The representative of the plaintiff spoke Malov D.V., our professional in insurance disputes with great experience in the art. They presented legally substantiated grounds, according to which the insurance company had no right to refuse to compensation for damage to the car. Taking into account the above legal, including the norms of international law (Convention on Road Traffic, etc.) The need for a person who has a foreign driver's license to exchange this certificate to Russian cannot be regarded as the absence of the right to control the vehicle.
After examining the arguments of the objections and the submitted materials on the case, the court to come to a solution to the satisfaction of almost all the claims of our client (to recover from the insurance company, the insurance compensation, penalty and other expenses on the payment of representative and other services, state duty, as well as compensation for moral damage).
Business status:The case is actually done
Download PDF.The plaintiff appealed to the court to the insurance company about the payment of insurance compensation, penalties, moral damage, fine and court costs. As a result of an accident, it was caused by mechanical damage.
The insurance company in the reimbursement of expenses was denied on the basis that the mechanical damage presented does not correspond to the declared mechanism of their formation and not received during an accident.
Disagreeing with this position, the plaintiff first turned into an independent expertise bureau to establish the origin of damage to the transmission box, and then to our company with a request to assist in recovery of insurance payment and other expenses. The examination confirmed that mechanical damage fully comply with the mechanism and accident circumstances (at the front of the front of the car at the lowest obstacle at the time of uncontrolled car drift).
The representative of the plaintiff spoke Malov D.V., our professional in insurance disputes with great experience in the art. They presented legally substantiated arguments, according to which the insurance company did not have the right to refuse to compensation for damage to the car.
Having studied the submitted materials in the case, the court to come to the decision to satisfy almost all the claims of our client (to recover from the insurance company the insurance compensation, the magnitude of the loss of commodity value, penalty and other expenses on the payment of notarial and other services, state duty, as well as compensation for non-moral damage) .
Business status:The case is actually done
Download PDF.A client applied to us with a request to assist in paying the insurance company of insurance compensation on the fact of causing damage to the car as a result of an accident, the cost of transporting TS, compensation for moral damage, fine and other notarized costs. The refusal of the insurance company in the payments was based on the fact that a citizen not specified in the insurance policy was located at the wheel of the vehicle.
The representative of the plaintiff spoke Malov D.V., our professional in insurance disputes with great experience in the art.
During the court session, a representative of the insurance company (defendant) said that some time ago, insurance compensation on this accident was paid, and they are also ready to refund the costs of transportation of the vehicle and others.
The court, listening to the parties, appreciating and having studied the materials of the case, came to the next decision - to satisfy the applicant's claims partly. Since the insurance company reimbursed the amount of car damage to the insurance contract, then in favor of the plaintiff to be recovered: interest for the use of other people's money (since the insurance payment was made only after a long time after an agreement on an accident), the costs of transportation of TS, compensation for moral damage , Penalty for the non-fulfillment of the Consumer Rights Act and other notarial and lawyers.
Business status:The case is actually done
Download PDF.The plaintiff appealed to the court to the insurance company about the payment of insurance compensation, penalties, moral damage, fine and court costs. As a result of an accident, it was caused by mechanical damage.
The insurance company reimbursed the damage to the amount, significantly less than the amount in which he was appreciated by the Independent Expertise Bureau. Disagreeing with this position, the plaintiff appealed to our company with a request to assist in recovery of the remaining amount of insurance payments and other expenses.
Having studied the arguments of objections, having studied the submitted materials on the case, the court to come to a solution to the satisfaction of all the claims of our client. The owner of the car by the insurance company was reimbursed additional costs to eliminate the damage of the car, the penalty, also the cost of payment for expertise services, expenses for payment of lawyer services, moral damage. In addition, the insurance company was imposed a fine stipulated by the legislation on the violation of the consumer rights.
Business status:The case is actually done
Download PDF.The insurance company reimbursed the damage of the amount with the size of which the plaintiff did not agree and appealed to our company with a request to assist in the recovery of the remaining amount of insurance payments and other expenses. The independent examination showed that the amount of damage caused is significantly higher than the one paid for the insurance company.
The representative of the plaintiff spoke Malov D.V., our professional in insurance disputes with great experience in the art. They presented legally substantiated grounds, according to which the insurance company should reimburse the full cost damage caused by the car.
After examining the arguments of objections, having studied the submitted materials on the case, the court to come to a solution to the satisfaction of all the claims of our client. The owner of the car by the insurance company was reimbursed additional costs to eliminate damage to the car, the penalty, also expenses for the payment of services for expertise, the costs of payment of lawyer services, moral damage. In addition, the insurance company was imposed a fine stipulated by the legislation on the violation of the consumer rights.
Business status:The case is actually done
Download PDF.The plaintiff appealed to the court to the insurance company about the payment of insurance compensation, compensation for moral damage, fine and court costs. Her car was caused by mechanical damage until he was in the parking lot.
The insurance company refused to pay due to the lack of information about the circumstances of damage to the car, despite the fact that the police were made to the definition of an initiation of an administrative offense case. The amount of damage conducted by independent expertise was established.
The representative of the plaintiff spoke Malov D.V., our professional in insurance disputes with great experience in the art. They presented legally reasonable grounds, according to which the insurance company should reimburse the cost of damage caused by the car.
After examining the arguments of objections, having studied the submitted materials on the case, the court to come to a solution to the satisfaction of all the claims of our client. The owner of the car by the insurance company was reimbursed the cost of removing damage to the car, also costs for payment for expertise services, costs of payment for advocacy services, moral damage. In addition, an insurance company was imposed a penalty for dissatisfaction with the requirements in a voluntary basis.
Business status:The case is actually done
Download PDF.A client applied to us with a request to assist in paying the insurance company of insurance compensation on the fact of causing damage to the car as a result of an accident, the cost of transporting TS, compensation for moral damage, fine and other notarized costs. The refusal of the insurance company in payments was based on the fact that the insurance policy was listed in the list of stolen, and in relation to the plaintiff, fraudulent actions were made.
The representative of the plaintiff spoke Malov D.V., our professional in insurance disputes with great experience in the art.
The court, after hearing the parties, appreciating and having studied the case file, came to the next decision - to satisfy the applicant's claims partly (to recover from the insurance company, the insurance compensation for harm, expertise expertise, state duty).
Business status:The case is actually done
Download PDF.The plaintiff appealed to the court to the insurance company about the payment of a part of the insurance compensation, penalties, moral damage, fine and court costs. As a result of an accident, it was caused by mechanical damage.
The insurance company reimbursed the damage of the amount with the size of which the plaintiff did not agree and appealed to our company with a request to assist in the recovery of the remaining amount of insurance payments and other expenses. At the court hearing, the fact of unjustified understatement of the amount of insurance compensation was proved, which was confirmed by the result of the independent examination.
The representative of the plaintiff spoke Malov D.V., our professional in insurance disputes with great experience in the art. They presented legally substantiated grounds, according to which the insurance company should reimburse the full cost damage caused by the car. Also, since it was found that the payment of insurance damage to the plaintiff was not fully produced, the claimant is entitled to demand the payment of a penalty for the late payment of insurance indemnity.
Having studied the arguments of objections, having studied the submitted materials on the case, the court to come to a solution to the satisfaction of the claims of our client. The car owner of the insurance company was reimbursed the cost of eliminating damage to the car, a penalty, also expenses for the payment of services for the expertise, the cost of paying for advocacy services.
Business status:The case is actually done
Download PDF.CASCO services are voluntary integrated insurance of automotive property of citizens of Russia (individuals), as well as enterprises (legal entities), on the balance sheet of which vehicles are consisting of vehicles. More on what it is and how it decrypts the concept we looked at. All disputes on the use of the policies of this type of protection can solve a casco lawyer or a lawyer. These specialists can send the insurer a pre-trial claim and negotiate settlement. Only after the refusal to satisfy the claim, lawyers will be able to protect the interests of the car owner in court.
It is very important to know which questions will solve the specialists of the legal sphere to which drivers will apply. What the help of a lawyer is relevant for a specific justice seeker in lawmakers and chalkop.
The main questions on the insured topic, the answers to which can be found at the professionals of the legal sphere:
- Terms of execution of insurance obligations by companies.
- What are the risks that Casco covers, insured cases under the contract.
- Are the refusals of firms in insurance payments, or providing repair damaged machines.
- Delays in payments to customers.
- Delays with consideration of applications.
- How to choose the most secure for the head of the newcomer.
- How to make competent paper.
- What instances to contact the settlement of disputes.
- What are the rights for the driver.
- How to reduce the degree of guilt, soften the court decision in administrative violations.
Note! When the motorist is looking for, to complain about the insurance company for Casco on his own, he will need to go through a long way. It will be necessary to simultaneously submit a claim to the leadership of the insurance company, a complaint to the prosecutor's office for unlawful actions of the service provider, a complaint against the RSA (Russian Union of motorways).
Casco incidents solved with the help of lawyers
The organization, selling a policy driver, is not always ready to pay insurance to the client. Similarly, it is not always ready to send a broken car to repair. At first, the situation for compliance with the list of insurance claims - which expected the insured case on the CASCO, which is subject to the terms of the insurance contract. Then the insurance specialist is obliged to explore whether the incident was the intended actions of the most owner of the policy. Do not hurry to compensate and then when the car has strange damage, not similar to the consequences of the stated risk.
Not always firms refuse to pay one or another type of insurance compensation. There are situations when reluctance to pay justified by the laws. For example, CASCO payments for the complete death of the car with a high degree of wear, or errors in the application, contract or policy have been found.
If the insurance does not pay for CASCO legally, it means that the driver has its own shortcomings:
- The deliberate provision of false information about yourself or your own vehicles.
- The intentional provocation of contact with the insurance accident, damage the insured property.
- Malicious violation of traffic rules.
- Ignoring your obligations under the contract, failure to comply with its conditions.
- Incompretation of information about changing the personal data of the car owner or the insured property.
Note! There are cases when there is no guilt of an organization or motorist who addressed payments. For example, the culprit that caused damage to the insured car, he himself paid all the damage. This means that the need for compensation from the service provider on the policy disappears automatically.
Professional Legal Aid Functions
If the insurance organization has expressed a penalty for overdue contributions of payments in the policy, or refuses to carry out their own obligations, then this should have its reasons. Any lawyer to get compensation for a championship for the driver will first of all pay attention to the terms of the contract concluded between the parties. Often misunderstandings arise due to the fact that the motorist simply did not study quite well all the subtleties of the agreement.
Legal assistance features include:
- Installation and confirmation of the guilty side.
- Preparation of instructions for concluding a contract with an insurance company.
- Preparation of the forecast during court proceedings.
- Representing the interests of the client in court and other instances.
- Checking the reliability of the insurer, its rating according to the popular analyst "Expert RA", monitoring genuine reviews about him and the other.
- Assistance in the preparation of various documents.
- Help on disputes with independent experts.
- Search for references to laws in justification and protecting the interests of the motorist.
- Maintenance of transactions and proper conclusion of contracts.
- The provision of consultations about the most suspicious and incomprehensible items of the already concluded agreement.
The shoveline should be remembered that the compensation of chasco damage will be calculated only to cover the insured event that is mentioned in the text of the agreement. If he himself did not learn the terms of the contract, then his time will spend the chance for a certain fee for this. Lawyers will be able to find such loopholes and details of the guilt of the insurer, that the driver's justification will be possible with a 100 percent probability. Of course, this is only when the motorist himself has not allowed a blatant violation of administrative laws and order on the roads.
How to refer to lawyers in Casco disputes
When legal assistance is urgently needed, you can contact any of the portals, where a lawyer or a lawyer for Casco on duty to respond to primary questions. Usually such a system is now launched by all legal services in 24-hour mode. Specialists replace each other to help it turn out to be continuously.
If the disputes with the insurance organization exist for a long time, then one can personally come to the legal office, to apply for services. When a citizen, or a representative of a legal entity, intends to seriously win the case in litigation with the insurer, then he should immediately conclude an agreement with a law firm providing human rights services. When servicing in an insurance company - receiving a disposable or two-time consultation, the client does not need a contract for legal services.
Important! There is a concept of "Casco limitation period. It is standard 3 years by law. This suggests that if the insurance company, or the driver, was filed, then after 3 years he will no longer be considered by the court. The case will be closed.
In cases where it is necessary to neutralize, imputed to the measure of responsibility, challenge the court's decision, or an order of the insurance company for refusal to pay on the CASCO, or in other cases - the motorist needs to look for the most proven legal services. For example, what are the firms of lawyers, consider in the table several options of the most famous in the capital and other megalopolises of Russia.
Table 1. Casco lawyers firms Moscow
|
Company name |
Address |
| Autorerist | |
| Autory in St. Petersburg | On ul. Oranienbaum, d.27 |
| Lawyers | The whole network of branches in the country is involved. |
| Legal advice at the Ministry of Justice | Services throughout the country |
| College of lawyers | The whole network of branches in the country is involved. |
| After an accident in Volgograd | On ul. Communist, D.21 |
| Yurpromet Autorist in Arkhangelsk | On Pomorskaya Street, D.5, in the office number 309 |
| Automobile174, Chelyabinsk | On ul. Khokhryakova, D.30 |
With detailed proceedings, with the help of a specialist of a knowledgeable law, the Insurance Organization threaten the following penalties:
- Minimum - will be put up a penalty for Casco, if the law on the protection of consumer rights was broken.
- Maximum - the company will select a license for the sale of CASCO policies.
RSA is engaged in arrest of licenses, but even a bank of Russia can make this decision, confirming the activities of the insurance company. Before suspending the license, the efforts of lawyers, the insurer will get the inspection of personnel, accounting or revisions from the controlling bodies, the prosecutor's office.
Important! Not all lawyers or legal organizations are taken for solving issues on CASCO insurance. The point is not even in the experience of specialists, but in the fact that the legislative framework on this type of insurance is not so strong now in Russia, than on the CTP.
Prices for services
Free consultation of the legal firm is only available by phone. This is almost all 90% of cases of appeal to primary legal support. When insurance disputes in Casco are settled, then the price will be offered for a full range of services - from the manufacture of the necessary documentation, to representation of the interests of the client in court.
Table 2. Prices for legal services in Moscow and other cities
| City | Prices in Russian rubles (minimum cost) | ||
| Full support | Maintenance of only the trial | Simple consultation with the consideration of documents and preparation of the forecast | |
| Moscow | 20 500 | 3500 | 750 |
| Nizhny Novgorod | 13 000 | 3000 | 500-600 |
| Permian | 12 000 | 2000 | 450 |
| Ufa | 16 000 | 2900 | 500 |
| Yaroslavl | 15 000 | 2500 | 900 |
| Samara | 15 500 | 2800 | 550 |
| Novorossiysk | 11 000 | 2000 | 450 |
| Simferopol. | 8000 | 1500 | 400 |
| Khabarovsk | 17 500 | 3000 | 600 |
Some drivers may seem that lawyers are too expensive. But do not forget that the price includes the complexity of solving the issue, and the degree of guilt of the driver, if there are other points.
Thanks to the legal protection of car owners, citizens, as well as enterprises, victims of injustice or losses due to an insurance company, can get in time and fully insurance payments on CASCO. In addition, newcomer drivers can be calm in the primary conclusion of the contract for this type of insurance. In disputes with an insurance company, when inconsistentings arise with the recognition of insurance cases or for other reasons, without lawyers just do not do. Not only knowledge of laws, but also experience in won cases will help to properly approach the matter so that the judge rules in favor of the client of the insurance company.
If you want to insure your car by the CASCO policy in case of an accident, you should use the services of Avtoryst. A competent CASCO lawyer will explain to you the advantages of this type of insurance and protect you from unscrupulous companies.
You can find car insurance specialist on site Yuda. We have registered the best lawyers on Casco from major cities in Russia.
Also, the advantages of our site includes:
- controller control
- ability to do regular orders
- system of flexible prices
The main tasks of the Avtoryarista
Auto Casco Autorist provides the client following the following types of services:
- description of the positive and negative sides of the CASCO
- acquaintance with insurance rules
- checking an insurer company for honesty
Lawyers registered on Yuda are ready to inform you in detail for insurance. If you do not know which company should cooperate, the Sportory Casco will help in this: he will select the most profitable option for you.
Further assistance to car university
If you have not taken advantage of legal services at the initial stage of the contract and it turned out that you have concluded a deal with an unfair company, the CASCO autorist will be able to submit your interests in court. The list of its tasks includes:
- preliminary consultation with the customer
- collecting evidence of the guilt of the insurer
- collect important securities
- speech in court
On Yudu you will find a specialist who has experience in solving court cases in favor of the client. Ranking and reviews will significantly demonstrate his level, qualifications and experience.
Order on yud.
If you publish an application on our website, you will be offered our services several of our performers, among which you will choose the right one. The application should look like this:
- the city from which you need a lawyer for Casco - Moscow, St. Petersburg, etc.
- for what you need a lawyer (a detailed description of the problem is welcomed)
- type of consultation (full-time / correspondence)
- consultation date.
According to the long-standing, in practice 90% of cases, which Lexlife proposes on disputes associated with auto insurance contracts, are permitted in court in favor of the client. This means that insurers violate the rights of consumers, she believes. "In this situation, it is not necessary to complain about lawyers or car owners, but on your own loss settlement system," the lawyer believes.
Different lawyers
Companies that help citizens in disputes with insurers can be divided into three types, follows from the comments of the surveyed RBC lawyers. The first take the fee forward, and then help car owners at all stages of the trial: from submitting an application to the insurance company to fulfill the court's decision. All payments on the court citizen receives independently and without intermediaries. Legal services for the CASCO and OSAO in this case, according to the evaluation of the long-standing, cost from 30 to 100 thousand rubles.
The second type of auto units makes the main emphasis on contracts for the assignment of the rights of the claim, when the auto owner who did not receive insurance compensation sells the law firm the right to collect money from the insurer. Under the type of client, the RBC correspondent called one of these companies in the Vladimir region. "We quickly make an independent examination from our experts and pay you money," Alexander says to the representative of the law firm "Center for Insurance Payments". - This will be more in any case than the insurance company will pay you. And then we deal with them and sued themselves. "
As insurers tell, such lawyers go to customers with the most intricate ways. "On duty near the offices of insurance companies are the most innocent what they are doing," says Igor Ivanov, Deputy General Director of the Company "Reso-Warranty". According to him, a serious problem is that lawyers try to intercept the customers of the insurance company directly on the site of an accident, before they turn to insurers.
"They try to go to the scene of an accident and there to agree on the purchase of the rights of claim. In order to be in the first place, they come into collusion with local traffic police, "says Ivanov. He also tells that in the regions, auto units call on citizens to report an accident using SMS messages and pay a reward for this information. "In Moscow, this is not common, perhaps because in the capital it is difficult to organize" cooperation "with the traffic police," says Igor Ivanov.
There are companies that practice both options for assistance to citizens, but honestly warn that the first option is without concession of the rights of claim - it is more profitable for the motorist. The representative of the call-center of the company "Savior of Moscow" says that his company will buy the right to pursue the insurer 30% to 50% of the amount that the insurance company has underpayed. In this case, the remainder of the payment and a 50 percent fine are obtained by car units. RBC correspondent The representative of the company advised not to sell the rights of claim and independently obtain the entire amount of non-payment.
"If, for example, the company has underpaying you 50 thousand rubles, you can get this amount plus about 25 thousand rubles. Fine, penalty in the area of \u200b\u200b10 thousand rubles., as well as about 5 thousand rubles. Moral harm, "counts the representative of the Call Center" Autory Moskva ". In addition, according to him, the costs of evaluation and payment for the lawyer's services are also returned. The penalties on the CTP are calculated at 1% tariff per day of delay. Casco penalty is calculated as 1/365 from the refinancing rate of the Central Bank for each day of delay.
The fine charges in favor of the client. Exceptions are those cases when a citizen appeals to the court through the Society for the Protection of Consumer Rights. Then the amount of the fine is divided into half between the consumer and society. This is due to the fact that society does not have the right to collect fee for legal services.
Tax complexities
Appeal for services to auto units who repurchase the rights of the claim may result in a tax trap, insurers warn. If they act in court on behalf of the client, the car owners will be obliged to pay NDFLs at 13% from all the money received from the insurance company for a court decision (Article 213 of the Tax Code of the Russian Federation).
"Thus, the client falls into the trap: on the one hand, he will receive knowingly less payment on the insurance event, on the other hand, it will be forced to pay more and taxes from the funds received by the auto library", "says Veded.
To avoid such a situation, insurers do not advise not to sign any documents with auto units directly on the site of an accident, and try to start at least contact the insurance company.
According to her, if you sold a debt under the CESSIA agreement and the law firm has worked on their own behalf, then you are not obliged to pay taxes. And if it requires a power of attorney with the right to receive money and will receive them from your behalf, in the end, the tax notice will come to you as the owner of the car, the plaintiff in the case, the recoverer and the person who actually received a profit, says.