When receiving a car after repair on the CTP. Evaluation and repair of cars after an accident: Nuances of insurance payments. ✔ When the Insurance is obliged to issue a cash payment for a new law
From April 28, 2017, a change in the law on CTP to repair the car on the CTP after an accident will come into force.Specified changes distribute only at the CTP agreements prisoners after 04/28/2017 (Art. 3 FZ dated 28.03.2017 N 49-FZ "On Amendments to the Federal Law" On mandatory insurance civil liability of vehicle owners ").
Before the changes, the victim could choose which way to receive insurance compensation: money or in nature (repair). Since 2017, the choice is possible only for some categories of victims.
For individuals (for some exceptions), owning passenger cars registered on the territory of the Russian Federation, provided for Osago repair of the car instead of paying.
In what cases is the payment on the OSAGO is carried out by money?
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Who can choose the payment of money on OSAO instead of repair (CTP 2017)?
If the OSAGO Agreement is concluded until April 28, 2017, then the victim can choose, in what form to receive insurance payment: money or by repairing a hundred towards the insurer. Choosing for the victim, and not for the insurance company.
If the CTP Agreement is concluded after April 28, 2017, the choice of a method for obtaining insurance compensation (payment or repair) on the OSAGO is possible only in the following cases:
- if the owner of any vehicle is not a citizen (paragraph 15. Art. 12 of the Law on CCEDo);
- if it suffered not a passenger car, regardless of the owner's category (paragraph 15.1 of article 12 of the Law on the CCAMA);
- if the vehicle is not registered in the Russian Federation, regardless of the category TS and the owner (paragraph 15.1 of Article 12 of the Law on the CCOS);
- if the victim as a result of an accident middle severity or heavy (PP. p. No. 16.1 of Article 12 of the Law on OSAGO);
- if the victim is a disabled person with a vehicle in accordance with medical testimony, and in a statement insurance compensation chose such a form of insurance compensation; (PP. G. Clause 16.1 of Art. 12 of the Law on the OSAGO).
Thus, when a passenger car owned by a citizen registered on the territory of the Russian Federation, reimbursement of the CACOS after an accident since 2017 is carried out by repairing, the exceptions are disabled and victims whose health is caused by the harm mentioned above.
Cases of receipt by individuals payments on CTP after an accident since 2017 are listed in paragraph 16.1 of Art. 12 OSAGO Law:
— full death TC;
- the death of the victim (heirs are obtained exclusively with money);
- when choosing such a form of compensation for damage to victims, whose health is harm (grave or moderate);
- when choosing such a form of damage to the victim disabled, having a vehicle in accordance with medical testimony;
- the cost of repairing more insurance amount (since 2014 insurance amount - 400 thousand rubles.) And the victim does not agree to produce a surcharge for repairs ( );
- the cost of repair is more installed in Europrotokol, if the accident was drawn up in this way, and the victim did not agree to produce a surcharge for repairs;
— For the damage caused and the victim, I do not agree to pay extra charge;
In the presence of an agreement in writing between the insurer and the victim (beneficiary);
There are 3 more cases when the victim can get paid on the CTP from 2017 not by repair, but money, But they are so hidden in the law on OSAGO that not everyone will see them.
1. Paragraph 6 of paragraph 15.2 of Art. 12 of the ACJO Law provides for the right of victim to pay money, unless one of the STRs with which contracts concluded does not comply with the established requirements for organizing restoration repairs in relation to a particular victim. With the consent of the victim, the insurer can send it to such a station, but if there is no consent, then only money.
2. Clause 3.1. Art. The 15 CTP Act was established that when concluding an OSAGO Agreement, the Insured is entitled to choose a hundred, relevant requirements of the law, from the Insurer proposed or in coordination with the insurer (the consent of the insurer in writing) another hundred (it should be understood "not from the list"). The choice of one hundred is indicated in the insurance statement. Insurer at the occurrence insurance case As part of direct compensation, damages will be obliged to send the victim to the agreed service station. If such an opportunity is absent (the reasons in the law are not specified), then the victim is entitled to receive insurance payments on OSAGO money or choose another STR proposed by the insurer. At the same time, agreement to another STR should be decorated in writing.
3. If the Bank of Russia reveals 2 or more times during the year of violation by the insurer of restoration obligations, including the organization or payment, then the Bank has the right (but not obliged) to prohibit such an insurer to make damages by organizing repair for up to 1 year . After the date of decision-making, the payment by the Bank is carried out by money, if the victim does not give consent to repair. At the same time, the victim should be notified by the Insurer on the decision of the Bank, and the Insurer himself will send confirmation of notifications and consent to repairs in the RSA (paragraph 17.1 of Art. 12 of the CCAMAG Law)
From March 22, 2017, the law on OSAGO has changed and already as a year works in a new way. What changed in the work of this law on the CTP and what innovations are expected by car owners in 2018? Let's try to figure it out. Let's say right away - the law on CTP from the very beginning of 2019 will begin to work in a new way for motorists, including due to the latest decree of the Supreme Court of the Russian Federation, which explained such controversial questionsAs payment of the wear of parts when repairing the insurer and the ability to get money instead of repair. But we will talk about this below in this article.Repair instead of payment of cash on CTP
The replacement of money by repair on a hundred is, perhaps, the most anticipated change in the law on CTP, which completely rewrote the entire order of interaction of motorists with insurance companies. Currently, the law on the replacement of monetary insurance payments to the service station works only for policies that have been received after April 28, 2017.So, in new insurance OSAGO driver-victim, who fell into an accident and appealing to his insurance company With the policy of CTP, after the paperwork and inspection of the car, the direction for the repair of the car is available now. And station maintenance It is far from the motorist himself, as it is possible to limit the choice of several hundred (friendly) when making a driver's driver, it is the presence of an insurance company. It is clear that thus the legislator defended the insurance companies from a possible attempt to negotiate with their friendly car repair service with the subsequent cash "rollback" of the part of the insurance payment. Friendly services will now be only in insurance companies!
At the end of 2017, the car dealers have prolobed amendments to the Act of the CTP, which they wanted to oblige car owners to repair the development of new cars by age until 2 years exclusively in the dealer auto center. This amendment was adopted. However, when approving the obligation to repair the maintenance of the CTP to the service station at the dealer, the cost of such repairs will not always be covered by insurance of the CCAMA, as the price of repair work on the dealer is always higher than the average. In this case, you can get money instead of repair.
There is at the replacement of cash payments on OSAO repair work on the service station and its advantages. For example, wearing a vehicle during coercive repair on the OSAGO will now not be taken into account by the insurance company. For the sake of pushing the forced repair, insurers agreed even at such a step in favor of motorists. Repair without taking into account wear on the OSAGO will, of course, will be positively perceived by motorists. But in 2019, it is still not so easy to repair the car for a hundred insurer without taking into account wear.
The replacement of the cash payment of the OSAO forced repair will also make it possible to cut off this controversial market of autory, dealers of debts on the CTP, which in the country every year becoming more and more. Savior Savior and accident lawyers since 2019 will be more engaged in cases of insurance claims in terms of the recovery of damage, moral damage and 50% fine in case of poor quality or not full repair car.
Quality repair work Our car services raise big questions and complaints, so motorists will, of course, will use the law "On the protection of consumer protection" in their favor and with the capture to check the completeness and quality carried out in the framework of the maintenance of repair, and in the presence of urgency in repair - will be able to reimburse their damage And it is quite fair to earn money on the insurance case. Currently, the courts are not so many judicial disputes between car owners and car services on the quality of the quality of repair of the plaintiff after receiving the insurance payment. And it is quite understandable. Today, the overwhelming majority of citizens who received money on the CTP from the insurance company or an intermediary-Autory consciously turns to a cheap car service with one goal - to make an inexpensive car repair, in which some margin remained from the money received.
With the replacement of cash payments on the coagulation by the repair of a hundred insurer, everything, of course, will change, and the courts to face the influx of plaintiffs that require compensation for harm on poor-quality repair of their cars. Since the beginning of 2019, a splash of such claims From motorists.
Repair instead of money on OSAGO has a number of exceptions. In some cases, a citizen can get monetary payment and refuse to repair the car for a hundred. Let's consider these cases:
- As a result of the accident, the complete destruction of the car occurred and there is nothing to repair (total death);
- If the cost of repair work and spare parts is higher than the amount of the alleged insurance payment (for example, the standard 400 thousand rubles or the difference in the wear of parts) and the car owner does not wish to pay the amount of money missing for the production of repairs;
- If the insurance company does not be able for some reason to organize the repair of the car in the service station, which was initially chosen by a citizen when concluding an insurance contract from the maintenance stations proposed by the insurance company;
- The insurance company cannot, it does not have time to organize repair work in accordance with the requirements of the Rules of the Bank of Russia (for example, it does not have time to organize the repair of the machine within 30 days after the client's appeal to the insurance company);
- The car owner does not want to make repairs at a hundred, but wants to get money, and the Special Commission of the RSA, having considered the application of this citizen, went to meet him, for example, because of his heavy material situation;
- The insurance company and the car owner came to an agreement on the payment of money instead of repair on the OSAGO and the citizen agrees with the proposed (of course - significantly understated) the sum of which, in his opinion, is enough for independent repair of the machine.
Recent 2019 OSAGO News
Get acquainted with the practice of work in 2019, the updated law on the CTP on the replacement of cash payments forced repair per service station. When can I get money instead of repair and is it necessary to pay for wear of parts when repairing, as the insurer may require?
Electronic Policy Osago
So, one more changes in OSAGO - from January 1, 2017, in Russia entered into legal considerations of the ACCO Law, and now, without exception, insurance companies are obliged to issue electronic Poles of the CTP and enter into OSAGO treaties through the Internet in in electronic format With any network called the client. Now, after the customer on the Internet provides an application for the conclusion of an insurance contract, the insurance company sends the insurance policy of the OSA to the electronic address of the client and places in personal Cabinet Client on the site a copy of the Osago policy that the user can download at any time. After registration electronic Polisa. CTP, it can be printed and carry it in the car, or, with distrust modern technologies, you can contact the insurance company and get the usual paper form of the internet insurance Polisa. Osago.
Undoubtedly, the issuance of insurance companies of the CTP policy will be able to eliminate the violation of citizens' rights to impose unscrupulous insurance companies additional services When making insurance contracts. As you know, almost all insurance companies have traveled all 2017 and invented all sorts of ways to impose additional services to their customers. In order to obtain the policy of OSAGO without further imposed services of insurance companies to the agricultural in 2017, it was necessary to defend large and artificially created queuing insurers in their offices or wait for the emergence of alleged deficient assembly forms. In 2019, these obstacles on the part of insurance companies on the issuance of CTP treaties will go into the past, including thanks to the new change in question and the opportunity to receive the OSAGO policy over the Internet. Since the beginning of the year, it can be stated that in 2019 the design of policies over the Internet has become even more popular with car enthusiasts.
It is worth noting that in 2017 the experiment on the issuance of electronic insurance policies was carried out in several regions of the Russian Federation, including in the Rostov region. Reluctantly and with creak, insurance companies set up this electronic service In the experimental regions, with the result that for six months, several tens of thousands of electronic insurance policies were issued. However, last year, insurance companies were not required to deal with the issuance of electronic insurance policies of the OSAGO, and mastered this procedure in voluntary order as an experiment. From January 1, 2019, the issuance of electronic insurance policies of the OSAO has become a duty for insurers, for the violation of which they faces a decent penalty and review of the license. These changes in the OSAO 2019 unambiguously go to the benefit of motorists.
Lawyer - Autourist Gennady Efremov
Starting from 21.05.2017, amendments to the law on compulsory auto insurance (hereinafter referred to as OSAGO) were entered into force. These amendments to previously prevailing insurance payments are established priorities of compensation for natural (in the form of restoration repairs of damaged cars).
It can be argued that changes in legislation touched not only the interests of insurance companies. These innovations on CTP are concerned without exception by car owners.
New OSAGO rules: who are applied to?
Immediately it should be noted that the new rules will act only for new OSAGO treaties, the conclusion of which occurs after 04/28/2017. And exclusively for passenger cars belonging to individuals and registered on the territory of the Russian Federation.
Regarding previously acquired policies, this is possible, but only by agreement between the insured and the insurer.
A total of 12 amendments were taken, ten of which was touched by insurance claims during accidents, and two - procedures for the acquisition of the OSAGO policy.
In this article we will look at the changes more.
OSAO repair instead of money - innovation in legislation №1
The main one is considered a change made by federal law №49-ФЗ dated March 28, 2017 in the law on CTP. According to this document: insurance holds at its own expense repair of a damaged car at the maintenance station, and does not make money to pay the affected side.
Note that until 04/28/2017. The situation was another: the victim had the right to choose a convenient option between rehabilitation and insurance monetary pay.
On the this moment Repair money can be obtained in separate following cases:
- Auto after the accident is not subject to restoration;
- For repair of a damaged vehicle, the amount of more than 400,000 rubles will be required;
- The damage is applied to the property object, which does not apply to the car;
- Insurance was obtained by a car owner in the framework of international insurance systems;
- The insurance company does not have the opportunity to fulfill its obligations (in the framework of the insurance contract) on the repair of damaged Car accident in a way other than the payment of monetary compensation;
- The specific accident was framed without the participation of police officers, which is possible in the case when the damage does not exceed 100,000 rubles. However, the amount in which the auto repair will cost exceeds the above and the victim refuses to pay extra;
- The car owner is an invalid of the I-O or II Group and is applying, in which he asks to pay cash compensation for repairs.
Who can ride without the policy - change of CTP №2
Policys should not acquire TC drivers, specifications which are those that do not apply to the requirements for the admission of vehicles to operate on the roads common use and / or state registration (previously requirements for limiting the maximum speed of such TS were 20 km / h).
The penalty for non-compliance with the repair time - the change in CTP №3
If the auto owner, who is recognized as a result of the crash, agrees to carry out the restoration repair at the station, whose agreement with the insurer was concluded, then during 20 calendar days it should be issued a direction for repairing a car.
In the case where the route wants to repair his car on a third party, the period of issuing notifications can be increased to 30 calendar days.
It is important to know that for each day of the delay of restoration activities, the insurer is obliged to pay a penalty in the amount of 0.5% of the amount of total damage.
Refunds for the evacuation of the car - Changes in CTP №4
If earlier the amount spent on the delivery of the car from the accident site to the repair / storage site was compensated by the insurer on the basis of the receipts provided by the client (the customer, paying delivery, received a document / check, on the basis of which these expenses were covered), now new rules regulate the maximum distance Transportation, limiting it: only 50 km and no more. Thus, if one hundred is located at a distance of more than 50 km. From the place of accident / storage of the car, then from a formal point of view, the insurer has the right to disagree with such transportation.
If the client insists solely in this embodiment, the entire procedure for organizing the transportation of auto and payment of this service is assigned to him (for his money he can carry a damaged car in any place).
The grounds for a regressive claim - the change in CTP №5
Regressive risk - represents the inverse requirement of insurance to culprit accident In order to recover the amount from it that was spent on the restoration of the damaged car of the victim and earlier it paid.
According to new plants, such situations include the reasons for presentation of such regressive risks:
- Accidents that occurred in case of intent of the culprit;
- The culprit at the time of the accident was in a state of alcohol or other kind of intoxication and this was documented;
- A participant in an accident recognized by the culprit did not have the right to control the vehicle;
- The driver recognized by the culprit of the accident was not submitted to the insurance policy of the owner of the car;
- The culprit was disappeared from the accident;
- Accident happened in a time period, which is not provided for by the insurance policy;
- Insurance did not receive documents about the accidental accidents in the 5-day term established by law;
- The guilty side has already begun to repair / utilize the vehicle;
- At the time of the traffic accident, the action of the coupon then ( diagnostic card) ended;
- At the time of the conclusion of an electronic insurance contract, the policyholder provided unreliable information to the insurer, which led to a unjust decrease in the amount of insurance compensation.
New limits in Europrotokol - Changes in OSAO No. 6
The changes are provided for new Size The maximum insurance payment, which is carried out by an accident, issued without the participation of police officers (according to Europrotokol). Now the amount is increased from 50,000 rubles. up to 100,000 rubles.
In addition, the Bank of Russia is now the right to determine the form of notification of the accident on Europrotokol.
Reimbursement of damage from the culprit of an accident - Changes in OSAO No. 7
The maximum is taken as the amount of insurance payments on the OSAGO:
- 400,000 rubles. - for auto and other property;
- 500 000 rubles. - For health and life insurance.
Adopted innovations do not decide on complete compensation Damage from the culprit of the accident occurred in the case when the insurance amount for the restoration of the damaged vehicle is not enough.
Calculation of payments is made by insurers based on the Unified Central Bank methodology. At the same time, the payment / replacement of spare parts is carried out taking into account their wear. As a rule, payments on OSAGO covered the cost of repair not at 100%.
For example, the car, which was 3 years old, the bumper was damaged as a result of an accident. This item is not subject to repair and is required to replace it. IN similar incident The insurance company will pay only part of the cost of the bumper, and he will pay the difference independently. At the same time, the bumper stands like a new one, however, insurance evaluates it as a three-year-old.
According to general rules From the culprit of an accident, you can recover the damage, even if it has an OSAGI policy. For example, if the owner of the auto repair vehicle cost 70,000 rubles, and the insurance paid only 40,000 rubles. (taking into account wear), then the remaining 30 000 rubles. You can recover from the guilty side.
However, such an arithmetic takes place only on paper, since the courts were refused by car owners to satisfy such claims, referring to the Methods of the Central Bank, and Supreme Court This position was supported.
In early 2017 in constitutional Court Russia turned persons who were crashed as a result of the accident. They tried to restore their rights and recover from the insurance company a reimbursement on the CCAMAG, and the amount of damage - with the guilty of the side accident. Prior to that, in all instances, the courts were poses that they did not give them the right to recover compensation from the culprit of the accident.
The Constitutional Court decided that the Methodology of the Central Bank should be applied solely to calculate the payments on the OSAGO, and the difference between the amount of insurance payment and the amount of real damage the affected party may require the accident from the culprit.
Consequently, the victim as a result of an accident on the OSAO is paid the amount, taking into account the wear of damaged parts, but it has the right to expect to compensate for the property harm in full. To do this, it will be necessary to prove that the actual amount of damage is more than what is obtained by insurance. In turn, the guilty party has the right to insist on carrying out additional expertise, which can be the basis for reducing the total amount of damage to the victim.
Electronic policies - Changes in CTP №8
New edits touched on fraudulent actions of persons who provide intermediaries.
Now the document obliges the car owner to personally fill on the insurer's website a statement about the conclusion of mandatory insurance contractAnd also personally pay the policy itself.
The accuracy of the electronic statement is checked on the Spetsservice of the Ministry of Internal Affairs of the Russian Federation or on the official website of the RCA (Russian Union of Automotive Insurers), where there is an appropriate database.
Selection of a hundred (maintenance stations) - Changes in OSAO No. 9
Earlier, the client of the insurance company was almost the right to choose from a place where his car will be recovered after an accident, since the insurance provided him with its repair station (with which the repair agreement operated).
According to the new rules of the car owner, at the stage of concluding an insurance contract, it can choose a hundred (maintenance station), on which his car will be repaired in the case of an accident. The list of such a hundred Insurance company provides on its website, and information (in it presented) is constantly updated and contains such information:
- Name and location;
- Brands and year of production of cars serviced and repaired on a hundred;
- Approximate terms for repair work of various types.
A similar measure allows the car owner to independently explore all the options and choose the best suitable for itself.
Requirements for car service
One hundred, which is indicated in the direction of recovery repair, must comply with such requirements:
- The deadline for repair work should not exceed 30 days;
- The distance from the accident site / storage auto should not exceed 50 km. At the same time, the affected side has the right to independently choose from what place to count this distance (from the place of the accident or from the place of residence). Please note that this item is not taken into account if the insurer organizes (and therefore pays) the transportation of its car to the service, which is removed at a distance of more than 50 kilometers;
- Preservation of warranty obligations on those cars whose age does not exceed 2 years, since these cars should be repaired only from official dealers of a particular brand.
In the case that none of the options submitted to the following requirements responds, such options arise:
- The owner of the car can agree to the restoration repair on one of those stations with which the insurance has a valid contract. For example, the driver can agree to voluntary stopping warranty to perform recovery repair not in the service dealer service;
- The driver has the right to receive compensation in monetary form. It is important here to understand that the amount of insurance compensation will be less, since the calculation of the payment is carried out taking into account the wear of parts and spare parts.
The coefficient "Bonus - Malyus" without a policy - Changes in CTP №10
The coefficient "Bonus-Malus" (hereinafter referred to as KBM) is an indicator used by insurance companies at the time of calculating the insurance premium under the contract. Here, depending on the presence / absence of an accident, the CBM coefficient can be both lowering and boosting. The special Table of CBM on the CCAMA allows you to quickly determine this indicator.
Please note that from 2017. Polis is disassembled from the car and binds exclusively with the safe and trouble-free driving specific route. Now it is the driver who is assigned to CBM, which will vary depending on the absence / availability of an accident in it " all service list" For this, 14 classes of CBM (individual) are used.
Currently, the insurer does not have the right to count the CBM independently. Now RSA should develop and put into action automated systemwhich will allow real-time for each driver to calculate its KBM. At the time of the insurance policy, information about KBM driver will be automatically transmitted to the insurance company. According to experts, such a measure will effectively deal with abuses when determining the cost of insurance policies by insurance companies.
Now, any driver can learn its own ratio on the official website of the RSA (both according to the policy of the policy currently, and according to the information from the policy, the period of which has expired not more than 1 year ago).
In the case of the design of the new insurance policy of the OSAGO, the car owner has the right to demand the clarifications of his personal CBM (in the RSA) and accounting for it in the formation of the cost of the insurance policy.
Direct settlement for an accident with several participants - Changes in CTP №11
Direct settlement of losses - is a situation in which after DTP victim Drawn only to its insurance company.
If the condition was taken before the adoption of the innovation: only 2 cars were injured in the accident, the new directions allow the rules of appeal only to their insurance in cases of mass accidents (with participation in 3 or more machines). The introduction of new standards is aimed at simplifying the rules for which the operation of damages and repair cars after an accident is carried out.
It should be noted that opinions in the expert community were divided into this regard. After all, to organize the restoration repair of auto insurer, it is necessary to obtain consent to the monetary amount of upcoming repair work from the insurance organization. In the case when the perpetrators are two, three and more for it can leave a lot of time, and the law is not regulated by law.
Who will not receive an accident payment - Change number 12
The new edits of the OSAGO Law do not give the opportunity to the representative of the victim to receive payments for it, which are applied during the accident. This innovation deprives the idea of \u200b\u200bthe redemption among the owners damaged in the accidents of their rights to compensation for damage by road collectors. After all, money will not be paid on legal grounds.
In conclusion, it should be noted that innovations have made tangible changes in the CTP, but many more issues remained. It follows from this that even after the application of innovation, the CTP will need additional measures to reform this sphere.
New cars will lose guarantees due to OSAGO reform
The State Duma of the Russian Federation in the second reading approved the tightening of the draft law on OSAGO, which implies the abolition of payments for reaching money. Among other things, the insurers dragged one editing of the bill, which enloles the Russians with a solid headache: only two-year cars can be repaired from official dealers in the direction of the insurance company after an accident, all the others are in unauthorized services. And this is despite the fact that the overwhelming number of autocompany gives a 3-year-old (and even a 4-5-year-old) factory guarantee for new cars. Car dealers and automakers explained that such a "point" amendments guarantees a person only one thing - big problems when an insured event occurs.
With an accident, you will choose car services for the body repair of your car, the Russians will be from that list that the insurer will provide. If a car is not older than two years, then he will be guided to the official dealer, but not to the one who sold this car, but by which the insurance agreement has a cooperation agreement. Repairs in the officials are carried out only using expensive original spare parts (such a requirement of automakers), and the price of the norm-hour is generally higher than the market indicators. The difference between the middle check in the official and the usual measurement can reach a double size. It is logical that when improving the current amendments, the Insurers, the Customer's arrival in every possible way was opposed to repairs to authorized dealers.
Motorists who are not lucky enough to get into an accident on the third (and if the guarantee allows - to the fourth and fifth year), risk losing the autocompany warranty. You can not count on the replacement of nodes, aggregates and the car itself (and this is now often happening) after repair in an affiliates of the insurer. And this problem concerns not only a premium segment, but also cars available, for example, like Renault.
For example, during the accident, optics damaged and instead of broken headlights installed new ones. The manufacturer automatically receives the right to refuse warranty wiring, since it touched the servicemen of the unauthorized service.
The situation will be aggravated by the fact that unauthorized services have the custom to put on a broken car are not original parts, but invescent or Chinese counterparts. And it turns out only when the warranty breakage.
The car owner, of course, may try to prove that there is no connection between the repair in the insurance service station and the subsequent warranty breakage, but now the burden of proof lies solely on his shoulders. And this means the beginning of the trial. And to prove the opposite car owner will be very hard. In addition, to pay the expertise by the car owner will have to be independently.
For direction for repair on CTP from 2017 The Insurer is obliged to comply with the timing of issuing directions for repair, repair period (changes come into force on 04/28/2017).
The STR with which the contractors are concluded must comply with the requirements of the law, and information about them should be posted on the insurer's website, including the estimated repair times, the brand of machines that repairs this service, information on the compliance of the law. The victim is entitled to get acquainted in advance with the options of proposals and choose.
The penalty is non-compliance with the deadlines.
Requirements for repairs on research
The rights of victims when repairing the OSAO since 2017.
Warranty on the work of a hundred.
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What order is the direction for the repair of the car on the OSAO 2017?
The victim is obliged to present a damaged CU for inspection of the insurer, which within 5 working days from the date of receipt of the application for insurance compensation with all necessary documents, obliged to inspect the vehicle and / or organize an examination. After inspection (examination), the insurer issues the direction of repair on the CTP and pays the cost of repair service.The amount of payment is determined in accordance with the Unified Methodology.
The direction for repairs on the OSAO must be issued within 20 calendar days (with the exception of non-working holidays) from the date of the adoption of an application for insurance compensation with the application of all documents in the event of repair per service station, with which the Investigation has a contract (§ 15.2, 21 of Art. 12 of the Law on CTP)
If the direction for repairs on the CTP is issued on the basis of paragraph 15.3 of Art. 12 of the Law on CTP (a service station with which there is no agreement, by agreement between the insurer and the victim), then the direction must be issued within 30 calendar days (with the exception of non-working holidays)
The penalty in non-compliance with the timing of the issuance of the direction and the timing of the repair of the car on the CTP from 2017
If overpaying issuing directions for repair on OSAGO The insurer pays a penalty in the amount of 1% of the amount of insurance compensation.
For violation of the repair time, the penalty is 0.5% of the amount of insurance indemnity (paragraph 21 of Article 12 of the Law on the CCAMA).
Requirements for repairs on the CTP.
In the direction of repairs on the CTP indicated
- information about the victim, the Agreement of the OSAGO, TC;
Name and location of a hundred;
- repair period;
— Possible amount of surcharge, which will be entered by the victim in connection with the installation of new details (wear). However, this is the situation does not concern individuals (citizens), owners passenger cars, registered On the territory of the Russian Federation.
Requirements for a hundred in repair on the CTP.
The term of repair on the CTP from 2017 is not more than 30 working days from the date of the provision of the CU per service station or from the date of transfer to the insurer for transportation to the service station.
The distance from the scene of the accident or the place of residence of the victim should not exceed 50 km. If the insurer organizes transportation to the place of repair and back and / or pays it, then the remoteness can be more.
TC from the year of the release of which passed less than 2 years should be repaired by a service station that performs service maintenance Such TCs on their own behalf and at their own expense in accordance with the contract concluded with the manufacturer (importer).
If none of the STR does not meet the above requirements regarding the particular victim, it has the right to pay money or agree on the service officer proposed by the insurer.
For example, a hundred is 100 km away. From the scene of the accident, and the insurer does not pay, and does not organize transportation, in this case the law of the victim to agree to repair or not, the insurer does not have the right to dictate the conditions.
The rights of the victims when repairing the CTP from 2017
The victim is entitled to independently organize the repair of the vehicle within the framework of the OSAGO for a service station, with which the insurer has no contract, only with the written consent of the insurer (paragraph 15.3 of Art. 12 of the ACHA Law). In this case, the direction of repair on the CTP is issued, and the insurer pays for the repair. The victim in the statement of insurance compensation indicates the full name of the service station, address and details for payment.
Changing the scope of work, repair time on CTP, repair conditions without coordination with victims is not allowed. The Agreement on these issues should be achieved between the insurer, a hundred and victims.
Settlement issues related to hidden damageIt is determined by a hundred in coordination with the insurer and victims. This order should be recorded in the document, for example, in the direction that the victim is issued when taking the vehicle for repair.
When repaired passenger carsregistered in the territory of the Russian Federation, whose owners are individuals (citizens) is not allowed to install former in use or recovered details, if unified technique Replacement of components. However, the insurer and the victim can establish another, for example, a replacement for used.
If the car is repaired poorly, the repair dates or the repair order (for example, the scope of work, used by the part, etc.), then the insurer is responsible and all claims must be submitted to it (paragraph 17 of Art. 12 and Article 16.1 OSAGO Law)
Warranty on work one hundred
Warranty on work during repair on OSAGO cannot less than 6 months, and on bodywork works and works associated with the use of paints and varnishes cannot be mene 12 months.
Court case. For compensation for harm due to the loss of the breadwinner.