How to challenge the amount of payment under OSAGO

What to do if the insurance company has paid little under compulsory motor liability insurance?

Not every motorist knows what an insurance payment under compulsory motor insurance is and what its maximum and minimum amounts are.

What to do if the insurance company paid little after an accident? What measures should you take if the amount does not suit you and does not even cover the damage? How to achieve full compensation for losses? Is it possible to challenge the payment and how to write a statement of claim to the court?

In our article today we will try to consider these issues in detail.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, just call, it’s fast and free!

Why do you need insurance?

What an insurance payment is - this is, first of all, a sum of money that the insurance company determines according to the procedure established by law or an insurance contract and pays to the victim upon the occurrence of an insured event.

Insurance payment under a motor third party liability policy is made by the insurance company in favor of the victim in an accident.

The insurance company pays both for damage caused to the victim’s property and for damage caused to the life and health of the person injured in the accident.

Amount of monetary compensation

Almost all vehicle owners are confident that their auto liability policy should cover all damage caused to the victim in an accident. But there are some nuances that you should pay attention to and that can significantly affect the amount of compensation.

In the event that the policyholder chooses a form of compensation in kind, the insurance company will have to transfer money to the service that is engaged in restoration work.

But it should be borne in mind that the compulsory insurance policy is not always able to cover the full damage caused , since when calculating compensation, wear and tear of car parts is taken into account and sometimes the car owner has to pay extra for the repair of the damaged car from his own funds. From January 1, 2017, all insurance companies are required to provide victims with car repairs without the right to payment of monetary compensation for damage caused to property.

But only if the amount of compensation covers the cost of car repairs and vehicle repairs will cost no more than the limit established by law.

Article 12 of the current “Law on Compulsory Motor Liability Insurance” stipulates the maximum and minimum possible amounts of compensation payments under a motor third party liability policy. These are the following amounts:

For the damage that was caused to the victim’s property - the car - 400 thousand rubles.
The maximum possible amount to pay for repairs to restore a car at the expense of the insurance company is also 400 thousand rubles.
For harm caused to the life and health of the victim, 500 thousand rubles.
The maximum possible payment under the Euro Protocol is 50 thousand rubles.

Not in all insurance cases the insurance company will pay the injured party its maximum amount.

Therefore, if it seems to you that the insurance company is underestimating the monetary compensation you are entitled to, and you are thinking about how to increase the payment and dispute the amount, then first you need to properly understand everything and find out if this is true?

Car owners often face, in their opinion, an underestimation of insurance payments. The size of the insurance payment is largely influenced by the conclusion , which is issued after an assessment examination. The maximum amount of payments for an accident is accrued by the insurance company according to the damage that was caused to the injured party as a result of the accident.

What to do if the amount received does not cover the damage?

If you have paid little money and the victim does not agree with the amount of payment, then you must submit an application to the relevant authorities. In the event that the monetary payment does not cover the damage, since the amount of compensation paid is less than the amount of damage caused to the victim, then he has the right to claim the remainder of the missing amount from the person responsible for the accident. In order for the person at fault to pay you the missing amount, you will have to apply to the court. But before writing a statement to the judicial authorities, you should send a pre-trial claim to the person responsible for the accident.

What to do if the amount of insurance payment under MTPL does not cover repair costs:

Appeal period

The period during which the victim can appeal the amount of insurance payment under the auto liability policy is 3 years.

Very often in such cases, a second examination is ordered , which the victim will have to pay for on his own, but the money spent on the examination can subsequently be recovered from the defendant.

Procedure for receiving a full refund

Experts advise waiting until compensation is paid and only then starting repair work to restore the car. In this case, you can easily make a second independent assessment of the damage caused to you (albeit at your own expense), if it turns out that when assessing the damage, the insurance company did not include in its report all the damage caused to your property.

If you need a car and you don’t have time to wait for payment in order to repair the vehicle, you should at least photograph all the damage on the car, then based on these photos it will also be possible to carry out the necessary examination for the court.

In the event that the car has already been repaired, and the insurance company, in turn, paid compensation that does not cover the costs of repairs, then the first thing that needs to be done is to receive a certificate of the insured event in hand. After receiving the report, you can safely demand compensation for damages based on the actual costs you incurred for repair work.

Even if you intend to first repair the car, the repair work should be carried out at a service center in order to receive all the necessary payment documents.

If you are going to appeal the amount of damage paid to you in court, you will first have to receive the assessment report made by the expert in your hands and, of course, the report should contain a calculation.

In order to obtain the necessary documents, you should write an application to the Investigative Committee with a request to hand over the documents you need.

Once you have the act in your hands, you should independently or with the involvement of competent independent experts reconcile all the positions reflected in the act. You should carefully check whether all damage to the car is indicated in this report. It should be borne in mind that the amount indicated in the act is the amount of damage without wear and tear .

If the amount reflected in the report differs only slightly from the actual repair costs, then most likely this amount was reduced due to wear and tear, because the insurance company takes into account the wear and tear of parts of your car when calculating the amount of compensation.

If the amount of compensation was reduced due to wear and tear, then any further actions you take will not lead to a tangible result. Very often there are situations when the insurance company:

Underestimates either the quantity or the cost of the standard hours required to carry out restoration work.
All types of work necessary for repairs are not always taken into account.
It happens that the cost of those materials and parts that are necessary to repair a car is underestimated.
And it happens that the cost of materials and parts is not taken into account at all.
In the event that the car cannot be restored at all, the insurance company can, on the contrary, greatly inflate the cost of entire parts, which in turn will also lead to a decrease in the amount of compensation.

After a new report on the assessment of the damage caused to your car is drawn up, you need to competently draw up a claim for an understatement of payment, which is submitted to the insurance company before the client goes to court. The claim must be accompanied by a new calculation of the damage caused to your car. The claim should be made according to the established template , which you can easily find on the Internet.

The addressee to whom you are sending the claim is the immediate manager of this insurance company. The complaint should indicate the reason for the appeal and the result that you want to receive in the end. Within 10 days, the insurance company is obliged to consider the claim (more information about the time frame for reviewing the claim can be found here). If during this period the client does not receive any response from the insurance company, then he can safely file a claim in court.

Drawing up an application to the court

An application to the courts should be drawn up in accordance with all the rules of office work. Sample statement of claim to court:

Do not forget that in addition to the statement, you must provide the court with evidence of the guilt of the Investigative Committee.
Before filing an application to the court, you should calculate the amount of the claim that you want to receive as a result from the insurance company.

Many insurance companies stipulate in the civil liability contract the conditions under which the issue can be resolved pre-trial. In this case, you should first fulfill these conditions and only go to court if the result does not satisfy you.

In this case, you will have to attach documents to your application to the court confirming that you tried to resolve this issue pre-trial.

At the end of your application you should list the entire list of documents that you are attaching to it.

Additional Tips and Warnings

If, when contacting the insurance company earlier, you have already encountered the fact that they pay little when an insured event occurs, then try not to repair your car until you receive compensation from the insurance company . If you are not satisfied with the amount of payment, and it seems to you that the insurance company has underestimated it, then you can contact independent experts to assess the damage. However, both the Investigative Committee employee and the person responsible for the accident should be invited to conduct an independent assessment of the damage.

How to challenge payments under compulsory motor liability insurance (video)

Every motorist must have a compulsory motor liability insurance policy when preparing documents. When a car accident occurs, a person hopes that they will receive payments sufficient to cover the damages to their own vehicle. In practice, the insurance company does not always provide the full amount to restore the car. In this case, the payment is disputed in court.

What is OSAGO paid for?

The rules of compulsory auto insurance of civil liability (OSAGO) state that you will need to incur the following types of expenses:

Related to the funeral of the victim;
Compensation for moral damage as a result of the death of the main breadwinner.

Has the culprit caused harm to human health? Reimbursable :

Client's lost minimum wage;
Costs of purchasing paid medications.

Optional expenses:

Additional amount of income;
Nutrition;
Prosthetics;
Treatment of the participant in a sanatorium;
Amount to purchase a vehicle.

In the event of another traffic accident, insurance must be paid. The company must pay for the insured event. The maximum possible amount of insurance under MTPL is 400 thousand rubles.

If the deadline for submitting documents is missed, the insurance company is not released from the obligation to pay the amount in the form of damage suffered by the victim. Company employees are required to prove that the vehicle had technical defects that caused the traffic accident. It is permissible not to write a claim to the insurance company to challenge the verdict. When can I dispute the amount under compulsory motor liability insurance? Immediately after receiving it. To do this, go to court with a previously drawn up statement of claim. Wait for a fair result when paying.

In order not to waste time, order an independent examination of the vehicle for optimal payment. The procedure will help you challenge the payment decision made by insurance employees. Then repair the vehicle and create a report document. Submit to the insurance company department along with other official papers.

To summarize, I would like to say that participants in an accident can challenge the amount of insurance payments in court. To do this, they need to order an independent examination. Sometimes, insurers pay the required amount of compensation after filing a pre-trial claim.

Compliance by drivers with all five rules will help them receive the necessary amount for restoration repairs.

Good luck on your journey!

Is it possible to challenge the amount of insurance payments and how?

If the insurance company has underestimated the payment under compulsory motor liability insurance, this does not mean that you need to accept it. There are ways to appeal for too little money. First, you should request an explanation in writing regarding the calculations performed, that is, calculation. Insurers usually refuse this, because there is no such requirement in the law. What should the victim do next:

The law gives him the opportunity to order his own examination of the vehicle. It is necessary to contact an organization that has a license to conduct research and has relevant specialists on its staff. The car must be kept in the same condition as it was after the accident.
As soon as the place and time of the examination have been appointed, the insurer should be informed about it. It is best to send a registered letter with notification by mail. You should keep a copy of it for yourself.
The procedure is carried out regardless of whether a representative of the insurance company appears or not. The car owner must drive the car to the designated location at the appointed time. After studying it, the specialist draws up a conclusion in which he assesses the amount of damage and the cost of its elimination. The document must also indicate how much the amount of the MTPL insurance payment was underestimated.

Having an independent expert report in hand, the victim can file a claim against the insurer.

The claim must contain the motorist's details, information about his vehicle, including the policy number, demands for an increase in payment and its justification.

The claim can be submitted personally to the company, making sure that it is registered. Or send by registered mail with notification. The complaint must be accompanied by copies of documents identifying the car owner and his vehicle, as well as independent expert opinions. You must keep the second copy of the claim for yourself.

In the vast majority of cases, insurers refuse the complaint. Sometimes there is no reaction to it at all. If the insurer refuses to increase the amount of compensation, it is worth requiring him to do this in writing. You can also file a complaint with the RSA about the company’s actions. But you shouldn’t seriously count on the organization’s help; it’s more of a formality.

Automotive Law Expert

You must wait 10 days for a response to your claim. Upon completion, the following steps must be taken, bearing in mind that from this moment the insurer is also obliged to pay a penalty for late payment.

Useful video

To learn how insurance companies underestimate payments under compulsory motor liability insurance, watch this video:

How to behave correctly if the insurance company underestimates the payment

Often, insurance companies find ways to transfer less to the victim than is required to compensate for the damage. Arguments for underestimating payments under compulsory motor liability insurance:

Documents confirming the victim's expenses for treatment and recovery are not accepted.
Companies reduce the damage (deliberately underestimating the amount of time for repairs, the price of parts taking into account wear and tear) or claim that the defects were received before the accident.
Conclusions after inspection of the vehicle and examination carried out by a specialist or organization working for the insurer.

Ways to appeal an amount that is too small : demand an explanation in writing regarding the calculations made (insurers usually refuse this, because there is no such requirement in the law); order your own examination of the vehicle (the car must be kept in the same condition as it was after the accident), the time and place of which must be notified to the insurer by mail, keeping a copy; Drive the car to the designated location at the appointed time.

After studying it, the specialist draws up a conclusion in which he assesses the amount of damage and the cost of its elimination, and also indicates how much the amount of the insurance payment from compulsory motor liability insurance was underestimated.

In the vast majority of cases, insurers refuse the complaint. Sometimes there is no reaction to it at all. You must wait 10 days for a response to your claim. Upon completion, the following steps must be taken, bearing in mind that from this moment the insurer is also obliged to pay a penalty for late payment.

To go to court, you will need the following documents: statement of claim; certificate of accident from the police; protocol on administrative violation; notification of an accident; resolution in a case of administrative violation; application to the insurance company for compensation, inspection report; PTS and STS; OSAGO; conclusions of all examinations performed; invoice for independent research; documents justifying the amount of compensation by the insurer; receipt of payment of the duty.

All papers are provided in the form of copies , except for the statement of claim. If the case is resolved in favor of the motorist, the company transfers the missing funds.

The car can be repaired before the trial . But then, along with other documents, you need to provide an invoice from the service station, which indicates the costs of the parts (they may not be new) and the cost of the repairs made.

If you win in court, you can expect that the company will have to compensate: the amount missing to repair the car and treat the victim; money spent on state fees for a lawsuit; fees paid to the lawyer defending the interests of the victim; motorist costs for an independent examination; penalty for violating consumer protection laws if the policyholder files a claim. And this is another 50% of the amount underpaid under the policy.

Read more in our article about what to do and how to defend your rights if the insurance company underestimates the payment.

Read in this article

How the insurance company underestimates the payment under compulsory motor liability insurance

The law provides insurers with more favorable conditions than motorists have. But companies not only take advantage of it, but also find other ways to transfer less to the victim of an accident than is required to compensate for the damage. And after receiving a response to his application, he may discover that the insurance payment under MTPL is underestimated. What reasons is this most often explained:

Documents confirming the victim's expenses for treatment and recovery are not accepted. For example, checks from a paid clinic, if the insurer is sure that the same medical services can be obtained in a regular hospital. Even if this is not the case, the excuse is often used to reduce compensation.
The same goes for the cost of food for the victim. The insurer refuses to reimburse the costs, arguing that there is no need for a diet for injuries or that the amount for it is too large.
Companies reduce the damage to the vehicle or claim that the defects may have occurred before the accident. It is possible to pay less by underestimating the amount of time for repairs and the cost of parts. And most importantly, the price of car components to be replaced is calculated taking into account wear and tear. And here the insurer has great opportunities to reduce payments.
For example, actual wear and tear is 10%, but the company insists on the maximum allowable 50%. In addition, the methodology used by companies for calculations is based on the average cost of parts and specialist work. The actual prices for both in the region can be much higher.

Companies manage to reduce the amount of compensation due to the fact that the payment is preceded by a vehicle inspection and examination. Based on their findings and conclusions, the amount of damage is calculated. The inspection procedure is carried out by a specialist working for the insurer. And of course, he may “not notice” some damage to the car, especially hidden ones.

The same thing happens during the examination, which is called independent, but often works in the interests of the insurance company. After all, according to the law, the organization of the procedure should be carried out by the company, not the victim. And only after this, if the results do not satisfy the motorist, he can order the examination himself.

And here is more information about car repairs under MTPL insurance.

Is it possible to challenge the amount of insurance payments and how?

The law gives him the opportunity to order his own examination of the vehicle. It is necessary to contact an organization that has a license to conduct research and has relevant specialists on its staff. The car must be kept in the same condition as it was after the accident.
As soon as the place and time of the examination have been appointed, the insurer should be informed about it. It is best to send a registered letter with notification by mail. You should keep a copy of it for yourself.
The procedure is carried out regardless of whether a representative of the insurance company appears or not. The car owner must drive the car to the designated location at the appointed time. After studying it, the specialist draws up a conclusion in which he assesses the amount of damage and the cost of its elimination. The document must also indicate how much the amount of the MTPL insurance payment was underestimated.

The claim must contain the motorist's details, information about his vehicle, including the policy number, demands for an increase in payment and its justification.

The claim can be submitted personally to the company, making sure that it is registered. Or send by registered mail with notification. The complaint must be accompanied by copies of documents identifying the car owner and his vehicle, as well as independent expert opinions. You must keep the second copy of the claim for yourself.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, just call, it’s fast and free!

Court case of underpayment

The court can force the insurer to fulfill its obligations to the client in full. The motorist needs to prepare the following documents for him:

All papers are provided in the form of copies, except for the statement of claim. After consideration at the court hearing, a decision is made. Both sides of the conflict receive copies of the document. If the case is resolved in favor of the motorist, the company transfers the missing funds to his account.

The car can be repaired before the trial. But then, along with other documents, you need to provide an invoice from the service station, which indicates the costs of the parts (they may not be new) and the cost of the repairs made.

To learn how to get the full payment for an accident from your insurance company, watch this video:

What can you count on

If the insurance company underestimates the payment, competently challenging its actions will lead to the fact that the company will have to compensate for:

the amount that is not enough to repair the car and treat the victim;
money spent on state fees for a lawsuit;
fees paid to the lawyer defending the interests of the victim;
the motorist's costs for an independent examination.

In addition, it will have to pay a penalty for violating consumer protection laws if the policyholder files a claim. And this is another 50% of the amount underpaid under the policy.

And here is more information about compensation for damage under compulsory motor liability insurance after an accident.

The motorist must adequately assess the amount of compensation offered by the insurer. And do not demand more than what is required under the MTPL Law (Article 7). But if the amount is much lower than the damage and the maximum possible payment, it is imperative to restore justice, even through the courts.

Useful video

To learn how insurance companies underestimate payments under compulsory motor liability insurance, watch this video:

Didn't find the answer to your question? find out how to solve exactly your problem - call right now (it's fast and free):

Not long ago, compulsory repairs were introduced under compulsory motor vehicle liability insurance. But sometimes you can still choose what to get - money or a service after an accident. To do this, you should know the timing of payment of compensation, as well as reviews of the car service.

By correctly performing certain actions after an accident under compulsory motor liability insurance, it is quite possible to receive full compensation for damage. The registration procedure, as well as the algorithm for reimbursement of insurance from insurers, is described in the article.

OSAGO insurance pays for the cost of car repairs after an accident. You can receive payments in your city or where the accident occurred. The procedure will be almost the same. How much does the at-fault rate increase when insurance is calculated after an accident?

Fake accidents are still common on the roads. It can be drawn up by agreement of the parties, especially if the goal is to start an insurance campaign. Also, some work for the sake of payments under compulsory motor liability insurance. But the punishment and consequences of what they did invariably overtake the scammers

They paid little under compulsory motor liability insurance: what to do next?

If you are not satisfied with the amount of payment under compulsory motor liability insurance, you must take measures to fully reimburse it. After all, the policy insures the driver’s civil liability to other road users. The amount of payment after an assessment of damage by a representative of the insurance agent must be sufficient to restore the vehicle to its original condition.

Why doesn't the insurer pay extra?

There are often cases of going to court due to a significant underestimation of compensation. This happens due to the unprofitability of the insurance business. Today, the number of vehicles and inexperienced drivers on the roads has increased. As a result, the frequency of requests for payments under compulsory motor liability insurance after an accident has increased.

This pushes insurance organizations to violate contractual obligations. As a rule, formal reasons or controversial circumstances of the case are used for refusal, which can be interpreted in different ways.

Do not think that a specialist assessing the damage cannot carry out a realistic calculation of the cost of repairing a damaged car.

Underestimated amounts appear as a result of interaction between the expert and the insurance agent. This is done with the expectation that out of the entire large mass of dissatisfied clients, only a few will go to trial.

Drivers rarely go to court because they do not believe that they will be able to defend their position or they think that the amount of additional payment will not exceed legal expenses. But analytics of court cases shows that only 2% of the total number of claims are claims in which the difference between the price set by the appraiser and the amount determined by an independent expert does not exceed 10,000 rubles.

How to determine how much to claim

Insurance legislation obliges, upon the occurrence of an insured situation, to pay funds in the amount of up to 400 thousand rubles. If damage is caused in an accident:

240 thousand rubles are given for the health and life of several victims;
One person – 160 thousand rubles;
Property of some persons – 160,000 rubles;
Property assets of one person – 120,000 rubles.

Compensation is calculated taking into account the depreciation of parts. Its percentage will depend on the release date of the vehicle and its mileage. The oldest models have a long service life, and accordingly, their wear and tear will be higher.

Insurance organizations use the services of experts who lower the cost of car restoration in their interests. Therefore, there is a very high probability that the actual amount of compensation will be underestimated compared to the actual estimate. In this regard, before such a procedure, it is worth ordering an independent examination of the damage by a specialist from another company.

How to find out if the amount is insufficient

You need to understand that the driver’s assessment of damage is usually subjective. You can identify underpayments using the following methods:

The service center could make a settlement in an amount greater than the insurance agent. For example, using different spare parts codes;
A unified method for calculating spare parts, which can be used on the RSA website, will help to identify the insurer’s intent.

The amount to be reimbursed is calculated using a unified methodology for determining the amount of costs for repairing damaged vehicles, approved by the Bank of Russia. In accordance with Article 12 of the Federal Law “On Compulsory Motor Liability Insurance”, the amount of costs for the purchase of spare parts is determined taking into account their wear and tear that must be restored. But for such components, assemblies and parts, wear cannot be charged more than 50%.

A review of the practice of courts considering cases related to compulsory motor liability insurance of vehicle owners, approved by the Presidium of the Supreme Court of the Russian Federation dated June 22, 2016 No. 22, established that the calculation of the amount of harm compensated by the causer is carried out using a Unified Methodology. Therefore, no other calculations will be taken into account by the court. In addition, the calculation should be based on expert research.

What to do if the insurance company paid little?

When the payment amount does not suit the car owner, you can follow two ways to solve the problem:

Independently apply to the judicial authorities for compensation for harm.
Contact specialists who carry out the repurchase of such cases.

Sequence of actions after a collision:

You must immediately call a traffic police officer to draw up a protocol (Europrotocol).
Contact the insurance company with an application for payment, attaching a package of necessary documentation.
The insurer assesses the damage caused.
Based on its results, a payment is made (or not made).

If the car owner does not agree with the amount of payment under compulsory motor liability insurance, he has the right to contact independent appraisers to calculate the amount of damages.

Before ordering a professional opinion, you must notify the insurer of this fact. The regulation on the rules for carrying out technical expertise establishes the need to notify the specialist by the initiator of its implementation about the existence of an analysis that has already been carried out, and the victim must be notified in advance of the time and place of its implementation.

If there are no objections from the parties to the content of the initial inspection report of the damaged car, the assessment can be carried out without a new examination of the vehicle, based on the originally drawn up document, indicating such a fact in the conclusion. The assessment results will serve as the basis for sending a claim to the insurer; the review period is no more than 10 days.

By virtue of Article 16.1 of the Law “On Compulsory Motor Liability Insurance”, before submitting claims for payment to the insurance agent, the injured participant in the accident must send him an application for compensation of losses with the necessary documents provided for by insurance legislation.

The emergence of disagreements between the parties due to the fulfillment of insurance obligations or the victim’s disagreement with the amount of compensation entails sending a claim to the agent with documentation substantiating the requirements, subject to consideration no later than ten calendar days, excluding non-working days and holidays.

During the specified period, the requirement for the proper fulfillment of insurance obligations under the MTPL agreement must be fulfilled or a justified refusal to fulfill it must be sent. The appeal must contain information about:

The name of the insurance organization where it is sent;
Data of the injured person, including full name, residential address or postal address to which the insurer’s response can be sent;
Requirements for the company that issued the policy, outlining the circumstances that served as the basis for sending the letter, based on the rules of law;
Details of the bank account to which the amount of compensation must be transferred if the claim is recognized as justified;
Full name and position of the representative, his handwritten signature, if the appeal was sent by the institution.

The following documents must be submitted with the claim: originals or copies thereof, certified in accordance with the established procedure:

The applicant's civil passport;
Papers certifying the owner's right to damaged property, or the right to receive insurance compensation;
Certificate from the traffic police about the incident, protocol and resolution on the accident;
Notification of an accident, if it was issued without the presence of police officers;
OSAGO policy.

Taking these steps will help you collect the full amount of compensation for a car collision.

Going to court. Procedure

It should be noted that all costs related to the trial will be borne by the applicant. But, if the requirements are satisfied, they will be recovered from the defendant.

Disputing an insufficient amount paid occurs as follows:

An invitation is sent to the insurer to participate in an independent assessment.
An expert assessment of vehicle collision damage and loss of marketable value is carried out.
Based on the results of the specialist’s conclusion, a claim is sent to the insurance company regarding the need to pay additional compensation for repairs in accordance with the results of the assessment.
If the request is ignored, a statement is filed with the court.

Based on the results of court proceedings, the following decisions may be made:

The requirements are met;
Refuses to collect the missing amount;
A forensic examination is ordered. It is carried out when the results of both opinions differ greatly or there is reason to believe that there is collusion with the appraiser.

If a positive decision is made, a writ of execution is submitted to the court and sent to the insurance agent for payment of funds within the prescribed period.

If the insurer refuses to pre-trial satisfy the claim, the court will impose a fine in the amount of 50% of the stated claims, which is regulated by Article 13 of the Law “On Protection of Consumer Rights”.

There are insurers who, regardless of the situation, underestimate the established payments under compulsory motor liability insurance by almost three times. This behavior is also the calling card of Rosgosstrakh. The most interesting thing is that you can find out about the amount of compensation only after receiving the money on the card. It should be noted that court proceedings in such cases 100% end in favor of the applicant and, by the way, writs of execution for them are paid without any dispute, and court decisions are not appealed and representatives do not appear at court hearings. It turns out that such situations are designed for those who will not defend their rights in court.

By the way, on the basis of Article 966 of the Civil Code of the Russian Federation, it is possible to recover the amount of money underpaid under compulsory motor liability insurance within a period of up to 3 years from the date of the accident.

I sued the insurance company for 3 times more than was calculated under compulsory motor liability insurance. It is not only possible, but also necessary to challenge understated payments under compulsory motor liability insurance.

Conversations about insurers understating payments under compulsory motor liability insurance have long set teeth on edge. Everyone knows this. True, not everyone understands how large this underestimation is and how much time, effort and money is required in order to achieve a fair payment under compulsory motor liability insurance. Editorial staff member "MY!" Alexander, having had an accident, checked all this from personal experience.

At first I didn’t intend to go to court

“In May last year I got into an accident,” says Alexander. “I was leaving the parking lot, and the person responsible for the accident, reversing on a one-way road, dented my rear left fender and scratched my bumper. He did not deny his guilt. They called the traffic police and filed an accident report. After which I went to my insurance company with the documents. This is where the fun began...

The insurance company conducted an assessment and calculated Alexander’s damages at 8.2 thousand rubles. If we consider that on average in Voronezh painting one part (excluding body work) costs about 6 thousand, then the amount turned out to be clearly underestimated, but initially the victim had no thought of suing. However, Alexander was confused by two things.

Firstly, since his car is new, and according to the law, for cars under 5 years of age there is a concept of loss of marketable value (LCV), he rightly demanded that the insurance company include this in damages. But it turned out that MTPL insurers do not provide compensation on a voluntary basis (although they are obligated).

The second dubious point is that the insurance company offered Alexander to repair the car in a car repair shop, which is their partner. Alexander was not against doing this, but asked whether the 8.2 thousand rubles calculated for him would be enough for repair work, and if the workshop counted more, who would make up the difference? To which the insurance company calmly replied: “You will compensate.”

Lawyer and independent expertise

After such a cynical proposal from the insurers, Alexander had no choice but to turn to a lawyer. In our case, the lawyer was an automobile expert, one of the long-time partners of MY! By the way, the cost of a lawyer’s services in the event of a court decision in your favor is collected from the insurer. Therefore, many lawyers do not charge money up front, and you pay for their services when you receive the funds due to you.

“The first step was an independent examination, for which I had to pay about 4.5 thousand rubles,” says Alexander. - But this money, again, if the case is won, is recovered from the insurer. An independent examination calculated my damage at 20 thousand rubles, and the UTS - at 5 thousand rubles. Total 25 thousand rubles.

Next, Alexander wrote a power of attorney for his lawyer, who prepared the lawsuit. At the trial, the insurance company demanded another independent examination (the third in a row). During this examination, they managed to save about a thousand rubles from the independent examination that Alexander conducted. That is, the amount of 25 thousand rubles turned into 24 thousand rubles (which is still almost 3 times more than the originally calculated 8.2 thousand rubles). After several hearings, the court fully satisfied Alexander’s claim for this amount (plus lawyer’s services and examination costs).

A tricky way to get money quickly

In mid-March, a month after the court decision, Alexander had a writ of execution in his hands. It took almost 10 months to do everything. Usually such cases are resolved much faster. It’s just that in the case of Alexander, first the judge went on vacation, then the insurance company changed its legal address, and at the new address the case had to be considered by another judge, who needed time to accept all the documents.

“With a writ of execution in my hands, I had three options for receiving money,” says Alexander. — The first is to go with this sheet to the insurance company. But in this case, the amount due to me should have been transferred to my account within a week. If this had not happened, the second option would naturally follow - turn to the bailiffs. But I chose the third, as it turned out, the best option - contact the bank where the insurance company has an account. In this case, the money must be transferred to you within three days. It must be said that the bank does not provide information about whether they have an account for a particular company. This information can be obtained from the insurance company itself. I found out that my insurance company has an account with Sberbank. I came there, wrote a statement, gave a writ of execution, and the very next day the entire amount was on my card.