Collection of MTPL payments from insurance companies

The RF Armed Forces updated clarifications on compulsory motor liability insurance

The peculiarities of the application by courts of the legislation on compulsory civil liability insurance of vehicle owners have already been explained by the Supreme Court of the Russian Federation - in Resolution of the Plenum of January 29, 2015 No. 2 (hereinafter referred to as Resolution No. 2). However, after the adoption of this document, significant changes were made to the Federal Law of April 25, 2002 No. 40-FZ “On Compulsory Civil Liability Insurance of Vehicle Owners” (hereinafter referred to as the MTPL law). Thus, from January 1 of this year, insurers are required to conclude a compulsory motor liability insurance agreement in electronic form with each person who has submitted a corresponding application. Since April 28, the rule on the priority of natural compensation for damage caused to a number of cars as a result of an accident has been applied (clause 15.1, article 12 of the law on compulsory motor liability insurance).

In this regard, the RF Supreme Court approved a new resolution - Resolution of the Plenum of the RF Supreme Court dated December 26, 2017 No. 58 (hereinafter referred to as the Resolution). The document contains not only recommendations on the application of innovations, but also clarified positions of the Court on the application of norms that were already in force at the time of the previous decision, although most of the provisions of Resolution No. 2 were still transferred to it practically without amendments. Among the most important are new clarifications on the following issues.

Conclusion of the MTPL agreement. As a general rule, the conclusion of a contract is confirmed by the presence of an insurance policy. Since information about all MTPL contracts concluded electronically must be included in the automated compulsory insurance information system (Article 30 of the MTPL law), the RF Supreme Court recommends that courts take into account information about the fact of concluding a contract and its terms provided by a professional association of insurers. At the same time, the absence of information about the insurance policy in the said system cannot in itself be unconditional evidence of failure to fulfill the obligation to conclude an insurance contract; this fact must be assessed in conjunction with other evidence, the Court emphasized (paragraph 8 of the Resolution).

We remind you that the insured's electronic communication of false information when concluding a compulsory motor liability insurance contract in order to reduce the amount of the insurance premium paid to the insurer is not a basis for recognizing the contract as not concluded and does not relieve the insurer of the obligation to pay insurance compensation upon the occurrence of an insured event. But the insurer may recover the insurance payment made under such an agreement from the insured by way of recourse. Also, regardless of the occurrence of an insured event, the insurer has the right to recover the amount unjustifiably saved by the policyholder due to the provision of false information (paragraph 6, clause 7.2, article 15 of the law on compulsory motor liability insurance). However, if the specified amount is collected by the insurer before the occurrence of the insured event, it loses the right to file a recourse claim against the policyholder, since the insurance premium has been paid in full, considers the RF Armed Forces (paragraph 3, paragraph 9 of the Resolution).

Contacting the insurer. An application for insurance compensation or direct compensation for losses and others required in accordance with the Rules of compulsory civil liability insurance of vehicle owners are sent to the insurer or its representative (paragraph 3, paragraph 1, article 12 of the law on compulsory motor liability insurance). The list of representatives of the insurer authorized to carry out insurance compensation or direct compensation for losses must be issued to the policyholder simultaneously with the insurance policy against signature, the Court noted (clause 21 of the Resolution). Moreover, all documents sent after filing an application for insurance compensation must contain information about this application, for example, an indication of the division of the insurer to which it was submitted (clause 22 of the Resolution). The same rule, according to the Supreme Court of the Russian Federation, must be observed by the policyholder when filing a claim with the insurer in connection with non-fulfillment or improper fulfillment of its obligations. It is assumed that this will allow the insurer to correlate received documents with previous applications of this policyholder.

Direct damages. Starting from September 26, 2017, direct compensation for losses, that is, victims submitting a claim for compensation for damage to their insurer, is possible in the event of a collision of not only two, but also a larger number of vehicles (subparagraph “b”, paragraph 1, article 14.1 of the law on compulsory motor liability insurance ). Since this procedure applies only if the civil liability of the owners of all vehicles injured in an accident is insured, the Court clarified how insurance compensation is carried out in the case where the harm-cauter has not concluded a compulsory motor liability insurance agreement. It is stated that damage caused to the property of victims is compensated by the owners of vehicles (according to the rules provided for in Chapter 59 of the Civil Code of the Russian Federation), damage to life and health - by a professional association of insurers, and if the appropriate compensation payment is insufficient to fully compensate for the damage - by its causer (clause 27 of the Decree).

Refurbishment. The RF Armed Forces noted that, in addition to organizing and paying for the restoration of the damaged vehicle, the insurer must reimburse the victim - based on his application - for a number of other expenses, in particular - for the evacuation of the car from the scene of the accident, delivery of the person injured in it to the hospital, and carrying out work for the restoration of road signs and fences, etc. (clause 50 of the Resolution). In this case, expenses necessary to bring the car to pre-accident condition, but not provided for by the Unified Methodology for determining the amount of costs for restoration repairs in relation to a damaged vehicle, are not included in the insurance compensation. Such expenses, according to the Court, are, for example, the restoration of airbrushing or other drawings applied to the car (clause 39 of the Resolution).

If the insurer does not fulfill its obligations to organize repairs, the victim has the right to file a claim in court to recover insurance compensation in the form of an insurance payment or to force the insurer to take the required actions, including issuing a referral for repairs, the RF Armed Forces indicated (clause 52 Resolutions). In addition, in this case, the so-called astrent can be applied (Article 308.3 of the Civil Code of the Russian Federation) - the court has the right to award money in favor of the victim in case of non-execution of a judicial act.

Particular attention is paid in the Resolution to calculating the cost of restoration repairs. The court emphasized that, in contrast to the general rule, according to which the amount of costs for replacing components is determined taking into account wear and tear (clause 19, article 12 of the law on compulsory motor liability insurance), payment for the cost of mandatory restoration repairs is made by the insurer without taking into account wear and tear (clause 59 of the Resolution) . As noted by the Secretary of the Plenum of the RF Armed Forces Viktor Momotov , this rule is a kind of compensation for vehicle owners who cannot choose such a method of insurance compensation as receiving an insurance payment. As noted above, from April 28, damage caused to a passenger car that is owned by an individual and registered in the Russian Federation is compensated, with the exception of a number of cases, only by carrying out restoration repairs (clause 15.1 of article 12 of the law on compulsory motor liability insurance).

MATERIALS ON THE TOPIC

Find out about the position of the RF Armed Forces on the application of the norms of the Civil Code on the change of persons in an obligation on the basis of a transaction from the news.

Assignment of demand. The Supreme Court of the Russian Federation reminded that the transfer of the rights of the victim (beneficiary) under the MTPL agreement is possible only from the moment the insured event occurs. Moreover, the new beneficiary can receive compensation subject to the same conditions as those provided for the original beneficiary. For example, he must notify the insurance company about the occurrence of an insured event, send an application for insurance payment, present the property for a technical examination, and file a claim if the previous beneficiary did not do so (clause 73 of the Resolution).

Rights such as the right of the victim to compensation for harm to life and health, compensation for moral damage, receipt of a fine collected from the insurer for failure to voluntarily fulfill the requirements of the victim and a similar fine for failure to fulfill the requirements of the consumer are not subject to transfer under an assignment agreement. However, the already awarded amounts of compensation for moral damage and these fines can be transferred to any person, the Court considers (paragraph 71 of the Resolution).

Procedural issues. A number of new clarifications are devoted to the procedural features of the consideration of disputes related to MTPL agreements. It is noted, in particular, that the mandatory pre-trial procedure for resolving disputes is considered to be observed if the victim not only sent the insurer a claim and all the necessary documents, but also indicated in them information that will allow the claim to be correlated with previous appeals. In the event of filing a claim for recovery of not only insurance compensation, but also a penalty or other financial sanction, the pre-trial procedure is considered to have been followed if the victim contacted the insurer only with a demand for insurance payment (clause 93, clause 98 of the Resolution). If claims for the collection of penalties and financial sanctions are made after the court decision on the payment of insurance compensation has entered into force, the victim is obliged to send them to the insurer before going to court. By the way, when filing several claims under one contract, you need to keep in mind that the court may recognize such a division of claims as artificial and refuse to reimburse the legal costs incurred, citing the plaintiff’s abuse of procedural rights (clause 102 of the Resolution).

Recovery of damages under compulsory motor liability insurance

In the section “Refusal of payment under compulsory motor liability insurance,” we discussed the possible reasons for the insurance company’s refusal to pay you insurance compensation in full. They also described a general algorithm of actions that allows you to recover damages under compulsory motor liability insurance from the insurance company.

After all, insurers can legally refuse to pay you only in a few cases (Article 6 of the Insurance Law), and in all others, the MTPL Rules and the Consumer Rights Protection Law (CPL) are on your side.

But what if the insurance company has paid little under compulsory motor liability insurance, if it doesn’t seem to refuse to pay, but has calculated such an amount that it is clearly not enough to restore your four-wheeled friend. Here you also have the right to demand additional payment. Let us recall the stages of the algorithm and note what to pay attention to at each of them.

First, we determine the amount of underpayment. For this:

1. You request in writing from the insurance company a copy of the protocols and other documents received from the traffic police, and a copy of the inspection report of the damaged car, on the basis of which the damage was assessed. They have no right to refuse
2. Organize an independent assessment of damage with the involvement of an expert included in the state register under the Ministry of Justice of the Russian Federation, or who is an active member of the SRO of expert appraisers. Call a representative of the insurance company (IC) for the examination by telegram with acknowledgment of delivery - he must sign the inspection report
3. Based on the results of the expert opinion on the cost of restoration work, you calculate exactly how much the insurance company did not pay you.

At the next stage, we prepare and send a pre-trial claim to the Investigative Committee (this step is required):

1. Send the claim in any form to the Investigative Committee by registered mail with acknowledgment of receipt. It must certainly contain the date of conclusion of the insurance contract, the date of the accident (note that it occurred during the period of validity of the policy), the response of the insurance company (for example, the case was recognized as insured, compensation was paid in such and such an amount), the cost of repairs based on the results of an independent examination and the amount of the resulting underpayments, your demands to pay the difference and reimburse the costs of the examination (Article 17 of the Civil Code of the Russian Federation) and overhead costs (registered letters, telegrams, etc.)
2. If the Investigative Committee does not respond within 5 working days after delivery, we proceed to judicial measures.

We are preparing a lawsuit:

1. Write a statement of claim, where, in addition to the items defined by Article 131 of the Code of Civil Procedure of the Russian Federation, you indicate everything that you want to recover from the insurance company:
   claims, penalties (Article 13 of the Law on OSAGO - underpayment multiplied by the number of days of delay and by 1/75 of the refinancing rate Central Bank of the Russian Federation),
   fine (clause 6 of Article 13 of the Law of the Russian Federation - 50% of the amount awarded by the court in your favor),
   penalties for the use of your money (Article 395 of the Civil Code of the Russian Federation - similar to a penalty, but the refinancing rate is divided by 360),
   moral damage (you determine the amount yourself, but in practice the courts award 3-5 thousand rubles);
2. Prepare two packages of claim documents, including:
   a statement of claim,
   calculations of the required amounts (penalties, penalties, fines, etc.),
   copies of your passport,
   car registration certificate,
   documents from the traffic police - a certificate of an accident,
   a resolution in a case of an administrative offense and others,
   telegrams addressed to the IC,
   reports on the delivery of correspondence to the IC,
   vehicle inspection reports,
   applications to the IC and
   a copy of the letter of claim,
   receipts for payment of telegrams, letters, examination, tow truck, etc.

You stitch the packages, at the end you indicate the list of documents and the number of pages. One of the packages remains with you, the second is sent to the court through an expedition or by mail.

Trial

If the claim is accepted for consideration, a date is set for preparing the case for trial (interview of the parties, preliminary court hearing).

You will have to find out for yourself - by phone or by coming to court in person once a week, 21 days after filing the claim. During this time, you can submit any petitions or attach additional documents to the claim. At the preliminary hearing, the judge will set a trial date and serve the parties with subpoenas.

Judgment in the case

During the trial on the merits, the judge asks clarifying questions about the case, allows the parties to speak, and makes a decision. If the results of two examinations are presented to the court - yours and the Investigative Committee's, the Court may order a forensic examination.

• You object to her appointment, citing the fact that the examination was carried out properly. And an additional one will simply delay the matter.
• Submit your written objection to the judge for inclusion in the case.

If an examination is ordered, the case is suspended for the period of its conduct (from 1 month).

The expert's decision is not binding on the court, but is simply taken into account.

The court decision on the case is given to the participants in writing.

If the court makes a decision in your favor, it will come into force in a month - the period allotted by law for appeal.

And, if the Investigative Committee has not filed an appeal, you:
Write an application to receive a writ of execution;
After about 2 weeks, you arrive and receive it in your hands - signed by the judge and certified with the official seal of the court;

Make sure it contains the correct information:

• name of the court,
• number of the case for which the sheet was issued,
• date of adoption of the judicial act,
• information about you (full name, date and place of birth, place of residence, place of work)
  and about the insurance company (address, OGRN/OGRNIP, TIN, registration date),
  court resolution,
• date of entry into force of the act or resolution,
• date of issue of the writ of execution and
  deadline for presenting the writ of execution for execution

Find out in which bank the insurance company has an account with a non-zero balance and take the original writ of execution there (take a copy and keep it for yourself) along with an application for collection, where you indicate the details of your account (where the funds will be transferred) and the insurance company’s account.

The money will be debited and transferred to you within 3-5 business days without acceptance.

Now you know what to do if you haven’t paid enough under MTPL.
However, it should be understood that unforeseen difficulties and hiccups may arise at any stage. The claim you have prepared in this way, due to certain reasons determined by law, may not be accepted by the court, may be returned or left without progress. The court's decision may not be in your favor - and you will have to go to higher courts. Errors or typos may creep into the documents - and, for example, you will not be able to recover your money from the insurance company based on an erroneous writ of execution... Therefore, it is wise to enlist the support of professionals who have extensive experience in the difficult task of collecting underpayments from insurance companies.

Contact us - and you will receive guaranteed funds that you did not receive due to the arbitrariness of the insurance company.

Collection of MTPL payments from insurance companies

The collection of insurance payments under compulsory motor liability insurance for car repairs is provided for by changes in insurance legislation that came into force this year, which provide for the termination of monetary compensation to car owners (with rare exceptions). Instead, the insurance company repairs your car at a trusted workshop. For contracts concluded before April 28, 2017, the old rules apply.

Before the changes came into force, you could choose between two options:

• receive a cash payment taking into account the wear and tear of the car;
• provide an invoice for payment from the station where your car was repaired after an accident.

If the payment from the insurance company was not enough to cover the losses, the car owner compensated the difference himself. Next, you could file a civil lawsuit against the person responsible for the accident.

The opportunity to get cash was taken advantage of by car frontmen, who, together with cunning lawyers, illegally enriched themselves at the expense of insurance companies. But honest, handy car owners who received compensation repaired the car themselves, which allowed them to keep part of the amount received.

In general, earlier OSAGO provided more and different opportunities. Now everything has changed.

Now, after an accident, the car in almost all cases (if you are the injured party) will be sent for repairs to the service station you have chosen from the proposed list. All expenses (within the limits of the insured amount) will be reimbursed by non-cash transfer to the service.

This applies to cases where the car belongs to a Russian and is registered in the Russian Federation.

In the event of an insured event, an appraiser from the insurance company examines the damage to the car, draws up a report and issues a referral for repairs. Since the degree of wear is no longer taken into account, all spare parts are installed only new ones.

To calculate the cost of repairs, the Central Bank methodology is used, which takes into account a number of parameters. For example, painting of parts is not always paid for. And sometimes painting of an entire element (only parts of it) is not paid for.

To calculate the cost of spare parts, receipts from the store are not taken, but reference books and average statistical data are used. The same applies to payment for repair work.

If insurance does not cover the cost of repairs, then the owner will have to pay extra on his own.

How is damage calculated?

After accepting the application, the insurer has 20 days to issue the car owner a referral for repairs. If the repairs are carried out at a service station not on the insurance company’s list, this period increases to 30 days.

What is the time frame for repairs?

The insurer has 30 days to restore the car. The starting point is the day the car was accepted at the station. If the repair technology involves longer activities, and with the consent of the car owner, this period may be increased. Otherwise, the insurance company will pay a penalty.

What about the warranty

The warranty is a minimum of 12 months for body repairs and six months for other work.

Where will the repairs take place?

Each insurer has its own list of trusted service stations with which it has an agreement. Although there are many stations, there are certain requirements for their selection. For example, the station should not be located more than 50 km from the place of residence of the car owner or the scene of an accident.

If the insurance company pays for the evacuation of the car, then you can choose any service station. It follows from this that if an accident occurs even 300 km from the place of residence of the car owner, and the insurance company sends a tow truck, then it also has the right to take the car for repairs even to another city, but on the condition that it transports the car back at its own expense.

Warranty cars

In such cases, the insurance company provides a referral only to the service that is approved by the dealer or car manufacturer. If such a service is not on the insurer’s list, then here you can already receive monetary compensation or agree to repairs at any proposed service station. The choice is up to the car owner.

Inexplicably, the law limited the age of a guaranteed car to two years; if the car is older, then these conditions do not apply. It turns out that the automaker’s warranty is 3-5 years, but the insurer doesn’t care - after two years he can repair the car wherever he wants and how he wants, and will not pay compensation instead of repairs at an unauthorized service center. Most likely, this point will be finalized legislatively in the near future.

Choosing a car service

​By concluding an MTPL agreement, you can select a service station in advance where, if something happens, your car will be repaired. Moreover, you can agree with the company and specify a car service not from the proposed list. In some cases they meet halfway.

If such an agreement is reached, be sure to confirm it in writing.

Let's say you have chosen a station from those offered by the insurance company, but the service station cannot accept your car for repairs. In this case, you can demand payment of the insurance amount.

Poor quality or delayed repairs

If all the deadlines have passed, and the car is not returned from repair, or was returned, but the repair was performed poorly, then a claim is filed with the insurance company. If the defects have not been corrected, demand compensation from the insurance company. If refused, go to court.

In what cases is compensation due?

You can receive money instead of repairs if:

1. the car cannot be restored;
2. the owner of the car died, and the heirs do not want to restore the car;
3. as a result of an accident, the victim received severe or moderate harm and chose compensation;
4. the victim is disabled, he has a special car, the repair of which will not be covered by insurance;
5. in case of mutual fault of the participants in the accident;
6. if you refuse to have repairs done at an unauthorized service center if the car is less than two years old;
7. if the Central Bank prohibits the insurer from replacing the damage with repairs.

What if I repair the car myself? Or do I not want to repair it at all?

Alas, your desire alone is not enough in this case. The list of situations when money is paid is exhaustive. You can try to negotiate with the insurance company. But if you refuse, there is no way to put pressure on the company in a legal way (unless it violates the terms of the contract). In addition to not receiving compensation, you may even have to pay extra for something.

Why do I need to pay extra if it’s not my fault?

​According to the Central Bank’s methodology, the calculation is made according to a number of parameters: the area of ​​damage and even the volume of brake fluid added to the service station are taken into account. There are different car owners: some bought the most expensive antifreeze, and some bought the cheapest. Demand that you be topped up with the most expensive liquid because you only used it? You can demand, but no one will give it to you. The cost of repairs will be calculated using certain reference books. To ensure you have enough money for repairs, you can agree with the insurer to install used spare parts. For example, why do you need a new bumper if you can buy a used one for several times cheaper? And the saved amount can be spent on repairing another unit. Or maybe you have some spare parts in your garage? Why buy them new?

But all such agreements must be recorded in writing.

If the cost of insurance still does not cover the repairs, the Constitutional Court allowed the person at fault to claim compensation for the difference. Moreover, wear and tear will not be taken into account.

My insurance is issued until April 28th. What should I do?

Nothing. The new rules do not apply to you yet. You have the right to choose: money or repairs.

But when the MTPL policy comes to an end, carefully choose an insurer, study the list of its service stations, read reviews about them.

You don’t have to travel anywhere for this; a self-respecting company will have all the information posted on its website.

If there is a station that you trust, ask which insurer it cooperates with. There you can apply for compulsory motor liability insurance.

Do not throw away receipts for parts or work that you performed in excess of your insurance reimbursement. When collecting money from the person responsible for the accident, they will be very useful to you in court. In case of an accident, make sure that the inspector includes as many damages as possible in the documents, otherwise you will have to fight for their compensation.

I want to buy a car, where is the best place for me to apply for compulsory motor liability insurance?

If you plan to buy a new car, then get a list of official service centers from the dealer, and see which insurers they have an agreement with.
When purchasing a used car, it is advisable to register with a company that works with a service station that you are confident in.

Collect from the insurance company under compulsory motor liability insurance

Insurance companies, which is no secret to anyone, always try to minimize payments for insured events, and, if possible, avoid them completely. The simplest explanation for this is that these are commercial organizations that carefully protect their finances. But a person injured in an accident also has his own rights and interests, in case of violation of which he can recover from the insurance company under compulsory motor liability insurance all the compensation required by law in court.

Important! If you yourself are dealing with your own case related to recovery from the insurance company under compulsory motor liability insurance, then you should remember that:

• All cases related to recovery from insurance under compulsory motor liability insurance are unique and individual.
• Understanding the basics of the law is useful, but does not guarantee results.
• The possibility of a positive outcome depends on many factors.

To get the most detailed advice on your issue, you just need to follow any of the suggested options:

• Request a consultation via the form .
• Use the online chat in the lower right corner.
• Call:
  • ☎ Federal number: 8 (800) 500-27-29 ext. 844

When an insurance company is obliged to make payments under compulsory motor liability insurance

By concluding a contract under compulsory motor liability insurance, the insurance company assumes obligations for the civil liability of the insured in the event that, while operating a specific vehicle, he causes harm to the health or property of another person. According to the Civil Code of the Russian Federation, the victim must be compensated for all losses within the amount specified in the contract, but not exceeding the limit established by the Government.

Therefore, if we are talking about damage as a result of a traffic accident, the insurance company is obliged to unconditionally compensate it, unless, of course, there were procedural violations on the part of the participant in the event and the amount is within the limit. As a rule, problems arise only when the insurer was not informed about the accident in a timely manner or the documents necessary to file the insured event were not provided.

The most common disputes with insurance companies under compulsory motor liability insurance

More frequent causes for legal disputes are cases of incorrect calculation of payments. Typically, insurance companies insist on having a car examined after an accident in those centers that are dedicated to protecting the interests of the insurers. As a result, the amount obtained as a result of such an assessment turns out to be significantly lower than the actual costs of repairing the vehicle.

If you find yourself in such a situation, you should not think twice about whether to go to court or not - you need to immediately, with the support of a lawyer, file a claim. As judicial practice shows, in most cases the plaintiff wins.

Where to start if you decide to collect due payments under OSAGO

Before filing a lawsuit to recover MTPL payments from the insurance company, you need to make sure what the real amount of damage is. To do this, it is necessary to conduct an independent examination of the damage to the car. You need:

• select an appraisal organization/expert and make sure that he has the right to engage in this type of activity;
• specify the date, exact time and place of the inspection;
• send a written notification to the culprit of the accident and the insurer about when and where a second independent examination will be carried out;
• provide a car for examination;
• receive an expert report with an estimate of the cost of car repairs.

Important! It is necessary to send the notice to the insurance company and the person at fault so that you have confirmation of its receipt by the addressee. This will be needed if they ignore the examination you initiated.

If the fact that the actual cost of repairs is significantly underestimated by the insurance company was discovered after the repairs were completed, it is necessary to collect all evidence of the costs incurred (receipts, checks, photographs).

Filing a claim in court to recover from the insurance company under compulsory motor liability insurance

In order to recover from the insurer payments under compulsory motor liability insurance, both in the case of an illegal refusal and in the event of revealed underestimations of the amounts of compensation for damage, it is necessary to send a statement of claim to the district court at the location of the insurance company. Despite the fact that the law does not provide for a strict standard form for such a document, it is very important that the application be drawn up legally competent. It is better to seek help from a car law specialist who will help you write it, then you will not have to worry about the document being rejected for production.

The statement of claim must indicate the following:

• who is the recipient (the court to which the document is sent);
• information about the defendant (name of the insurance company);
• subject of dispute;
• the plaintiff’s demands (collection of a certain amount of payment under compulsory motor liability insurance);
• information about the plaintiff;
• a list of applications confirming your case (copies of accident certificates, examination reports, photographs, checks, receipts, correspondence with the insurance company).

How to collect due payments under compulsory motor liability insurance from an insurance company and not lose

All the actions described above will help you understand how to recover from the insurance company the amount of damage under compulsory motor liability insurance that is rightfully due. At the same time, we should not forget that proper preparation for the trial is only part of the journey; you need to be well prepared for the court hearing itself. The insurance company must have a specialist who deals with legal issues, and you should worry about who will protect your interests in court. Therefore, it is most rational for the plaintiff to seek help from a lawyer, especially since, having won the process, it is possible to recover from the defendant compensation for legal costs and legal services received.

Recovery of damages under compulsory motor liability insurance - you need an auto lawyer

Table of contents:

In the section of our website “ Refusal of payment under compulsory motor liability insurance, ” we focused on all the likely reasons for insurers’ refusal to reimburse you in full for the due payments under the policy. And we considered a complete scheme of actions that will give you the opportunity to receive insurance compensation for damage under the MTPL policy from insurers.

After all, an insurance company can legally refuse to pay you only in a small number of cases (according to Article No. 6 of the Insurance Law); all other reasons for refusal are not provided for by law (see the Rules for Compulsory Motor Liability Insurance and the Law on the Protection of Consumer Rights).

What should I do if insurers have not reimbursed the full amount of damage under the MTPL policy?

But what to do if the insurers did not reimburse the entire amount of damage under the MTPL policy? It seems that they are not refusing payments, but the amount they quoted was simply ridiculous, which certainly would not normally be enough to repair . And in this situation, your rights were violated , and you can demand payment of the full amount of insurance. Let's once again recall the order of actions in such a situation and focus on some points.

First, let's determine how much we were underpaid. Procedure:

• Send a written request to the insurers to provide you with all copies of the documents on which they assessed the damage received (copies of inspection reports from the accident scene and other papers sent from the traffic police, as well as copies of the inspection report of the car involved in the accident). And they have no legal right to refuse you this.
• Conduct your own independent expert assessment of the damage with the participation of an expert who is included in the state register under the Ministry of Justice or has current membership in the SRO of expert appraisers. You invite (it is better to send a telegram with notification of receipt) a representative of your insurance company to conduct your expert assessment - his signature must also appear on the assessment report.
• At the end of the expert assessment, the difference in the amount provided by the insurers and the independent expert is calculated.

Next, we draw up and send a pre-trial complaint to the insurance company (this is mandatory):

• Compose a complaint in any form and send it to the insurers by mail, by registered mail with acknowledgment of receipt. The complaint must include the date when you signed the contract with the insurers, the date when the accident occurred (be sure to indicate that the accident happened when the insurance policy was in force), the actions of the insurers (for example, the insurance company recognized the accident as an insured event, paid compensation in the amount of...), an estimate of the cost of repairs according to the conclusion of an independent expert and finally, the amount of underpayment, that you demand to pay this difference and compensate for the costs of conducting an expert assessment (according to Article 17 of the Civil Code) and other costs associated with this complaint ( sending telegrams, letters, etc.).
• The insurance company is obliged to respond to the claim within 5 business days after receipt. If there is no answer, feel free to file a claim in court.

Preparing to go to court:

You draw up a statement of claim in which, in addition to the points specified in Article 131 of the Civil Procedure Code, you enter all your demands on the insurers:

1. the requirement to compensate for the difference in the estimated cost of the insurance payment, to collect a penalty (according to Article 13 of the law on compulsory motor liability insurance - the difference in the estimate must be multiplied by the number of days of delay in payment and by 1/75 of the Central Bank refinancing rate);
2. a fine (according to paragraph 6 of Article 13 of the Law on the Protection of Consumer Rights - half of the amount imposed by the court in your favor);
3. penalties for the use of your money (according to Article 395 of the Civil Code - calculated in the same way as a penalty, only the refinancing rate is 1/360);
4. compensation for moral damage (write the amount yourself, but usually the judge sets no more than three to five thousand rubles).

You collect 2 packages of documents for a lawsuit, which includes:

1. the claim itself (statement of claim);
2. calculations with calculations of the amounts collected (fine, penalty, penalty, moral damage);
3. copies of passport (yours);
4. copies of the car registration certificate;
5. copies of documents from the traffic police - a certificate of a traffic accident;
6. resolution in a case of an administrative offense;
7. letters and telegrams sent to insurers regarding pre-trial settlement;
8. reports on the receipt of letters and telegrams by insurers;
9. car inspection reports;
10. a copy of the complaint to the insurance company;
11. originals of checks for payment of letters, telegrams, examinations and other expenses.

You staple both stacks of these documents, and at the end write a table of contents with the names of the documents and the number of pages. You keep one of these packages for yourself, and send the other to the court by mail or courier.

Trial.

When your claim is accepted for consideration, for preparing the case for the court hearing (preliminary court hearing, oral arguments) determined

will not be notified about this date , you need to find out it yourself - either by phone or in person to appear in court a couple of times a week, 21 days after you filed the claim. During this period, you can submit various petitions or add additional papers to the claim documents. During the preliminary hearing, the judge will determine the date of the trial and the parties to the dispute will be served with summonses.

Court verdict in the case.

During the court hearing on the case itself, the judge will ask clarifying questions , give the parties a chance to voice their position and announce the verdict. If the court has been presented with expert opinions from the insurers and from you, then a forensic examination may be ordered .

Your actions in this situation:

• You declare a protest against its conduct, justifying this by the fact that your expert assessment was carried out in accordance with the law. A new examination will only delay the proceedings.
• You draw up a protest on paper and hand it over to the judge for inclusion in the case.

If the judge nevertheless ordered an examination, the proceedings are stopped for the duration of its completion (from one month).

The result of this examination is not binding for the judge , but is only taken into account. The judge's verdict in the proceedings is transmitted to the parties to the hearing in writing .

If the court hearing ends in your favor, the court’s verdict will come into force after 30 days - the time allowed by law for filing an appeal.

If the insurance company does not appeal the decision, then you:

1. Submit an application for the issuance of a writ of execution;
2. After 15 days, come to the courthouse and they will give it to you - with the signature of the judge and the official seal of this court;
3. On site, check that the writ of execution contains the following information:
   • Name of the court;
   • Your case number for which the sheet was issued;
   • The exact date of the verdict;
   • Your data (full name, place and date of birth, registration address, place of work) and insurers’ data (address, OGRN/OGRNIP, TIN, registration date), court resolution;
   • Date of entry into force of the verdict;
   • The date of receipt of the writ of execution and the deadline for presenting the writ to the executor.

Find out in which bank the insurance company has an account with a sufficient amount of money and go there, taking with you the original writ of execution (make a copy of it for yourself first), write an application to the bank to collect payment by court decision, in which write the number of your account to which the bank will transfer the money and the account number of the insurers.

The entire amount will be debited from the insurers' account and transferred to you in 3-5 working days unconditionally.

Now you know exactly what to do if you were underpaid under your compulsory motor liability insurance policy. But not everything is so rosy ; various difficulties can occur at any stage of the meeting. For example, the court may not accept your claim for some reason, or return it or leave it without progress. You may not win the trial and then you will need to file an appeal . When filling out certain documents, you may make mistakes or not notice them on the writ of execution issued to you. With such a sheet (filled in with an error), any bank will refuse you.

That’s why we advise you to contact our company’s auto lawyers, who have extensive experience in such cases. And you will definitely get your money back.

Here is a list of services provided by our lawyers when recovering damages under compulsory motor liability insurance.

• Conducting an independent expert assessment;
• Providing assistance if the insurance company refuses to pay;
• Insurers underestimated the amount of payment;
• Insurers sue you;
• Help from a car accident lawyer;
• Disputes with the traffic police regarding the degree of culpability in an accident;
• Protection of the client in case of a claim by the insurance company;
• Redemption of insurers' debts;
• Reduced CASCO payments in case of car destruction;
• Insurers are trying to recover damages from the person responsible for the accident.

Benefits of contacting a lawyer when collecting payment under a compulsory motor liability insurance policy.

1. We will ensure that your rights are defended at all stages of the proceedings, from the moment after the accident to the appearance in court;
2. We return the money if the case is lost;
3. Providing advice on the peaceful resolution of disputes;
4. Our lawyers have extensive experience in the field of automobile law.

Something is not clear? You can ask a question in the comments or in the feedback form, and you will receive an answer from our specialist.