Is it possible to return the deductible under CASCO?

OSAGO to help CASCO: we return the franchise

Recently, car owners are increasingly choosing CASCO with a franchise. This option helps you save on this rather expensive type of insurance. Often, a large deductible allows you to reduce the cost of the policy by two to three times, which is very significant for those for whom the CASCO calculator totals six-figure sums. But not all holders of a CASCO agreement are aware that some insurance cases allow you to legally reimburse the deductible using your own MTPL policy. And this is a fairly common practice for insurance company clients.

When and how can you reimburse your OSAGO deductible?

Let’s say a CASCO policyholder gets into an accident due to the fault of another driver. Since the victim’s contract includes a deductible (for example, 10,000 rubles), depending on the terms of the contract, it:

He pays this money to the insurer and only after that receives a referral for vehicle repair.
Receives, according to the insurer’s calculations, a certain amount minus 10,000 rubles.

But a person who is not guilty of an accident has every right (in accordance with Article 15 of the Civil Code of the Russian Federation) to demand compensation for the loss caused to his property in full . And this example allows you to receive full compensation, since it can be considered as an insured event simultaneously under two contracts: CASCO and MTPL. If the civil liability of the person responsible for the accident is insured, the victim can contact his insurance company and demand compensation for damages in part of the deductible under his OSAGO policy. What needs to be done for this?

The most important thing is to provide your car for inspection by experts both in your company (for CASCO) and in the company of the culprit (for OSAGO). Unless, of course, the companies are different.
Make copies of the accident certificate, resolution, protocol and have them certified by the traffic police (one copy will be required to receive payment under the CASCO policy, the other - under the compulsory motor liability insurance policy).
Try to receive payment (deductible) under compulsory motor liability insurance before your insurance company submits a claim to the insurance company of the culprit. The amount of compensation will depend on this: with or without depreciation.

In practice, step 1 is not always fulfilled. The car owner, following the instructions of his CASCO insurance company, provides it with a car for inspection, pays the deductible and has it repaired at the insurer's service station (or receives money according to the calculation and repairs the car himself). After this, the client requests a standard certified package of documents for further application for compensation for the franchise under the MTPL policy. It is clear that in this case, an inspection in the company of the culprit no longer makes sense. Damage can be assessed on the basis of the documents provided (certificate of accident, expert opinion, receipt for payment of franchise, work orders, etc.).

Calculate CASCO insurance – in 18 companies in 2 minutes

Possible problems

When applying for payment of a deductible after the loss has been settled under CASCO, the policyholder may encounter a number of problems.

Thus, the insurance company of the culprit often refuses to pay, citing the fact that the car owner did not provide the damaged vehicle for inspection before repair, as required by clause 45 of the MTPL Rules and clause 2 of Article 12 of the Federal Law on MTPL. But such a refusal will be unlawful on the basis of Articles 961-964 of the Civil Code of the Russian Federation, and any court in this matter will give priority to the Civil Code and take the side of the insured.
The company may also “reject” the documents received from the client and state that they do not allow assessing the loss and that the examination was not carried out according to all the rules. In this case, the insurer will be right from the point of view of the law. The car owner will have to organize a special examination, which will determine the cost of restoration repairs based on the documents he already has. And if the pre-trial claim with its conclusion does not “work”, you will have to file a corresponding statement of claim in court. Then only the insurance company will have problems, which will have to bear additional expenses to compensate for the cost of the examination. That is why such proceedings often end at the stage of pre-trial claims.

The easiest way to compensate for the deductible with the help of compulsory motor liability insurance will be if the culprit of the accident is insured in the same company as the victim. Then the latter can simply submit two applications to his company at once: for payment under CASCO minus the deductible and for compensation under OSAGO in the amount of the deductible.

Find the best rate for your car!

CASCO calculator

OSAGO calculator

What information can be found by car number from open sources?

How to receive payment from the insurance company for vehicle insurance?

How to read reviews about IC for your benefit?

CASCO calculator

Find out where it's better and cheaper Find out where it's better

Rating of companies

Numbers never lie Numbers never lie

Electronic MTPL

Buy a car license online Car license online

Return of franchise under CASCO

Today, every Russian motorist is required to annually take out an MTPL insurance policy, however, the amount of insurance coverage in case of an accident does not always fully compensate for the losses of the car owner, and if the driver is found guilty, it is not paid to the latter at all. In this regard, CASCO policy is becoming increasingly popular among vehicle owners.

CASCO is a voluntary type of motor third party liability insurance. Since the price of the policy directly depends on the cost of the car, insurance companies often offer their clients to sign an agreement with a deductible in order to reduce the amount of the insurance premium. The deductible, in this case, is a fixed limit on the amount of insurance coverage.

When is a return possible?

In order to understand the technology for returning funds under an agreement with an insurance company, it is necessary to familiarize yourself with the types of CASCO franchises used on the territory of the Russian Federation.

The conditional deductible is applied as a limitation on the amount of insurance coverage when losses occur in an amount less than the figure specified in the insurance contract. For example, the size of the conditional deductible is 30,000 rubles; in case of damage of 29,000 rubles, the car owner will have to repair the vehicle himself. If the cost of repairs exceeds the deductible, the insurance company will pay in full.

An unconditional deductible is defined as a fixed amount that is deducted from the cost of insurance coverage.

A situation in which a car is involved in an accident with two participants provides the opportunity to return the CASCO deductible to the injured party if another road user is found to be at fault for the accident.

How to return the CASCO franchise?

A victim of an accident, if he has a CASCO policy, must contact his insurance company to reimburse the amount of the loss. The organization can offer the client two payment options:

the driver independently deposits into the insurance company's cash desk an amount equal to the amount of the deductible provided for by the policy and after that the insurer sends the car to a service station for its complete restoration;
The insurer pays the difference between the accrued amount of insurance compensation and the deductible to the client.
However, clause 1 of Article 15 of the Civil Code of the Russian Federation states that a person whose right has been violated can receive compensation in full. Thus, the driver of the car can recover the CASCO deductible from the person at fault for the accident.

In order to return the CASCO deductible, the injured motorist must submit two sets of documents to the organization: one to his insurer, the other to the company of the guilty party and provide the car for inspection by experts from both insurance companies.

Documents should be submitted to a third-party company before the vehicle is restored, otherwise controversial issues can only be resolved through legal proceedings.

If a successful combination of circumstances occurs, the victim and the culprit of the accident can be insured by the same company, then the victim submits only one set of documents and writes two applications for compensation for damage under CASCO and return of the franchise under OSAGO.

List of documents

Returning the franchise from the MTPL policy and receiving compensation under CASCO is carried out on the basis of a standard list of documents:

Driver's ID card;
Insurance policy;
Vehicle diagnostic card;
A certificate issued by a traffic police inspector describing the traffic accident (2 copies or a certified copy);
Resolution to initiate an administrative case (2 copies or a certified copy);
Results of an independent examination (if carried out);
Application for insurance payment (a sample application is provided by the insurance company);
Other documents requested by the Investigative Committee on an individual basis.

Is it possible to return the CASCO deductible through the MTPL policy?

Based on the inspection of the vehicle and the documents provided, the insurer of the guilty party makes a payment equal to the amount of the withheld percentage, minus the calculated price for wear and tear of the vehicle. In order to increase customer loyalty, at the discretion of the insurance company, the amount of depreciation may not be taken into account.

In practice, there are also cases of insurance companies refusing to provide compensation under compulsory motor liability insurance when CASCO coverage has been paid. Such actions are unlawful and can be appealed in court. However, in order to avoid unnecessary red tape, it is recommended to contact the insurance company of the person responsible for the accident after approval of the CASCO payment, but before receiving it or carrying out restoration work.

You should not refuse compensation for the deductible even if several months have passed since the accident and the car has long been restored. According to Federal Law No. 40, you can submit an application for a refund of interest on CASCO insurance within three years from the date of the accident.

CASCO deductible and how it can be returned

CASCO is an optional type of insurance, the need for which is determined by each car owner at his own discretion. CASCO can be either standard or with a deductible. Depending on the type of insurance, the terms of payments in case of an accident will change if the client is injured.

What is a CASCO franchise?

The CASCO deductible is a certain amount deducted from the compensation payment. This concept is often replaced by the amount of damage that cannot be covered by insurance. If the billed repair amount does not exceed the deductible amount, then the costs of restoring the car are not paid by the insurance company. If the cost of repair work exceeds the limit established by the deductible, it will often be reimbursed from the total amount.

Many insurance clients agree to apply for CASCO insurance under this scheme. The reason for the interest is the reduced price for franchise services. The size of the franchise is inversely proportional to the cost of CASCO insurance. Individuals often resort to applying for such a scheme if the cost of insuring their car exceeds 100,000 rubles.

A franchise policy allows you to reduce annual expenses several times.

Taking out a franchise policy will be a profitable solution in two cases:

If purchasing CASCO insurance is a requirement of a credit institution to obtain a loan when purchasing a car. Due to the high amount of insurance, the cost of the policy itself is significantly reduced.
If the driver does not intend to apply for compensation in case of minor damage to the vehicle. A person does not want to deal with documents and spend personal time to receive a small amount for car repairs. Since the driver is not going to receive compensation, he does not need a full range of insurance services.

Another advantage is the likelihood of returning the franchise from the person who is guilty of the situation. Although this procedure is legal, many insured persons do not take advantage of this option. The insurance company does not refuse compensation.

What types of franchises are there?

There are three franchise options available:

Unconditional . The amount of insurance is unchangeable, and the deductible cannot be returned. When signing a franchise agreement, where the minimum cost of damages is 20,000 rubles, you cannot count on receiving payment for damages of 19,000 rubles. The insured person will have to pay for car repairs. But if the damage was received for 30,000 rubles, then the payment amount will be 10,000 rubles after deducting the deductible.
Conditional . If the amount of damage is less than the deductible, no compensation will be paid. But if repairs require an amount exceeding the established threshold, then the company is obliged to fully compensate for the damage.
Unconditional with interest . The same rules apply for such insurance as for regular unconditional insurance. The fixed value threshold is replaced by a percentage.

A small number of insurance companies offer a conditional deductible. The reason is its unprofitability compared to unconditional.

In what cases is it possible to return the franchise?

To visualize the return procedure, you will need to give an example where two drivers were involved in an accident. After registering a traffic accident, you must submit information and documents to the insurance company. Then the franchise amount is paid by the car owner to the company’s cash desk.

If the insured person was a victim, then he has the right to compensation for damage in full. Only in this case can a refund of the CASCO franchise be issued.

The CASCO deductible can be returned even with compulsory motor liability insurance.

Before returning the CASCO deductible from the person at fault for the accident, three conditions must be taken into account:

The insured person is the victim.
There is a culprit for the accident.
There is a valid MTPL and CASCO policy.

The authority to which the insured driver should contact in the event of an accident is determined depending on the presence of injured persons. If there are none, then you can receive the amount of compensation for damage directly from the insurance company that issued the MTPL policy.

If there are victims, you will need to contact the organization that issued the CASCO policy to the perpetrator of the incident to receive insurance funds.

How can I get my CASCO franchise back?

The insured person must contact the company that issued CASCO insurance. The deductible can only be returned if a complete package of papers is provided for filing an insured event. After the policyholder pays the deductible, he receives the right to apply for compulsory motor liability insurance. All these actions must be performed only after the culprit of the incident has been identified.

The easiest way to obtain compensation for damage is for those persons who received MTPL and CASCO policies from the same insurance company. Then the driver will need to contact the company only once, attaching to the standard package of documents an application for reimbursement of the CASCO deductible under the MTPL of the culprit.

If the policies are issued by different insurance companies, then the procedure for obtaining funds to restore the car will take place according to the following scenario:

When the repair work to restore the car is completed, pick up the full package of documents that was submitted to receive payments under CASCO.
Send all received papers to OSAGO. Additionally, attach receipts that will confirm payment of the franchise.
File a statement requesting compensation for damages.
Provide bank account details to receive funds for insurance.

The application, which is drawn up for the purpose of reimbursement of funds under CASCO, does not differ from the application under OSAGO. The form may have only minor changes depending on the conditions applicable to the individual insurance company. Most often, additions to the application include the name of the organization, the amount of damage caused and the cost of the franchise.

The return of the franchise takes about 15-40 days. The duration is affected by the severity of the accident.

Through OSAGO

The return of the CASCO franchise through OSAGO is carried out as follows. The injured person must pay the deductible through their insurer. Funds must be sent to his account specified in the drawn up agreement. The amount of compensation will be determined only after the insurance company that issued CASCO contacts the company that issues compulsory motor liability insurance. Compensation for damage may be collected not only from the insurance company, but also from the culprit.

Directly from the culprit

The legislation indicates that the absence of compulsory motor liability insurance is not a reason to cancel the responsibility that every driver bears. But due to the lack of a contract, funds to reimburse the deductible will be collected directly from the culprit.

It is best to try to resolve the situation out of court. To do this, the injured person must try to find contact with the culprit of the accident. If a person refuses to pay for the damage caused, the victim will have grounds to go to court.

The procedure for compensating the franchise under CASCO

Before applying for compensation, you must do the following:

submit the car for inspection after an accident to determine the repair cost;
make copies of papers;
make an application for reimbursement of expenses.

The result of the actions will be the collection of all necessary documents that will be provided to receive payment under CASCO.

Where to apply and when?

After you have made a call to the traffic police, you need to contact the insurance company that issued CASCO. To receive funds, you will need to submit papers to the insurance company or service station.

The law allows you to receive a refund of the amount paid for the franchise even after the vehicle has been repaired. To do this, you will need to file a claim for the damage received and send it to the insurance company.

How to correctly submit a return application

An application for a franchise return must be drawn up in accordance with the established rules:

A cap. The name of the insurance organization and the details of the applicant are indicated.
Data of road accident participants. The full names of individuals and vehicle details are entered.
Description. Date of the incident, its location and causes.
Requirements. The amount of compensation, which must be supported by receipts and receipts.
Amount of compensation under CASCO.
List of attached papers.
Signature and date.

Application forms

Additionally, a signature from an employee of the insurance company must be affixed.

What documents do you need to have?

You can apply for a franchise return by submitting the following documents:

driver's passport;
car passport;
accident registration certificate;
STS;
a protocol drawn up by a traffic police officer;
a check or receipt confirming payment of the franchise;
a receipt for the results of repair work carried out to restore the car;
decision to initiate a case in the traffic police;
bank account details.

Before submitting documents, you must make copies of them certified by the traffic police.

How long does it take for a refund to be processed?

Refunds are made within one month from the date of application. If the compensation deadlines are not met, the injured person can call the insurer of the person responsible for the accident to find out details of the reasons for the delay.

Possible problems when returning the franchise under a CASCO policy

There are two main problems that arise when filing a franchise return. Refusal to pay may be due to the indication of unreliable or incorrect data in the submitted papers. The payment amount is determined taking into account worn parts.

Return of deductible under CASCO policy

Returning the CASCO franchise through OSAGO can be called a common practice among car owners. The deductible itself is the amount within which the policyholder himself eliminates damage received due to the occurrence of an insured event. The law allows you to recover the money spent from the person responsible for the accident. In order not to make mistakes, the car owner needs to clearly understand exactly how to act and what documents to submit to the office of the company that issued the compulsory motor liability insurance.

The concept of “deductible” in car insurance

The CASCO deductible is a certain amount of money, by the amount of which the value of the compensation payment for insurance is reduced. Simply put, this is the amount of damage not covered by the insurer. For example, if the identified cost of damage to the car is less than the deductible, then the policyholder will have to pay for repairs entirely out of his own pocket. If the damage exceeds the established threshold, the rest is reimbursed by the insurance company. In this case, the deductible itself or part of it, one way or another, will have to be paid by the policyholder.

Despite the seemingly obvious shortcomings, car owners are increasingly interested in this method of registering CASCO. This happens due to a decrease in the total amount paid in this case for the policy - the higher the deductible, the lower the price for CASCO. This is especially suitable for citizens for whom the cost of additional insurance is calculated in the form of six-figure sums. In such a situation, a significant deductible size can help reduce the price of the policy by 2 or even 3 times. In general, any amount contributed will reduce the cost of CASCO insurance by at least 10%.

Who else will benefit from a policy with a franchise fee:

Drivers who do not want to contact their insurance company in case of minor damage to their car. The main reason here is the labor-intensive process of preparing documents and the waste of time resources. Such car owners prefer to make repairs themselves without recording the fact of damage. Accordingly, the policy option with a deductible suits them more than classic insurance.
Car owners who purchase CASCO insurance at the request of a banking organization when applying for a loan to purchase a car. In this case, a franchise is issued in order to save money.

An additional advantage is also the legal return of the CASCO franchise from the person at fault for the accident. Moreover, not all car owners know about this possibility, while such a practice is considered common and is carried out without problems by insurance companies.

Types of franchise

There are several franchise options:

Conditional . In this case, it is meant that if the amount of damage caused is below the agreed deductible amount, then the insurer is not responsible for paying compensation. If the cost of repair work exceeds the specified amount, then the insurance company will reimburse the amount of damage in full. For example, the amount of damage is 30 thousand rubles, while the franchise amount is 20 thousand rubles. In this situation, the insurer will provide the full amount of compensation.
Unconditional . Here the deductible amount is fixed and is not subject to reimbursement by the insurance company. If the cost of damage exceeds the established value, the difference is paid by the insurance company. For example, if the amount of damage is 15 thousand rubles, the deductible is 20 thousand rubles, compensation cannot be counted on, repairs will need to be paid from your own budget. But if, with the same deductible amount, the damage caused is estimated at 25 thousand rubles, the insurer will pay the difference in the amount of 5 thousand rubles.
Unconditional in the form of a percentage . It is similar to the type of the same name, with the difference that a deductible in the form of a certain percentage is deducted from the amount of compensation.

The conditional type practically does not occur when applying for CASCO insurance. Almost all insurance companies offer an unconditional type of deductible.

Is it possible to return the CASCO franchise through OSAGO?

So, a situation occurred as a result of which the car of a driver who had an additional type of insurance, CASCO, was damaged, and the policy was issued with a deductible. The policyholder carries out the necessary restoration work after receiving compensation in one of two ways:

The car owner pays the deductible amount to the insurance office's cash desk, after which he is given a referral for repairs. If the damage exceeds the deductible amount, the difference is paid by the insurer. The payment receipt should be kept.
The insurance payment is handed over to the driver. Its size is calculated according to the principle - the amount of loss minus the amount of the deductible.

And then the question arises: is it possible to return that part of the money (deductible) that was spent on eliminating damage from the driver’s budget. The answer will be - yes, it is possible. But provided that the insured event is an accident for which the other party is recognized as the culprit. Then the situation will be considered under two agreements - CASCO and OSAGO.

The right to demand compensation for damage in full is provided for in Article 15 of the Civil Code of the Russian Federation. Accordingly, if the car owner is not the culprit of the accident, he has the opportunity to return the franchise through the MTPL of the person responsible for the collision.

Refund procedure

Before contacting the insurance office where the person at fault for the accident filed for compulsory motor liability insurance, you should perform the following steps:

provide the vehicle for inspection not only to the CASCO insurer, but also to the insurance company where the MTPL policy of the culprit in the accident was issued;
prepare copies of documents;
write an application for a refund of the funds spent on paying the franchise.

If a technical inspection of the car’s condition was not carried out by the insurance company of the at-fault driver, there is no need to worry. In such a situation, the damage will be assessed on the basis of the submitted papers, in particular, the assessment report from the insurance of the injured car owner. At the same time, some insurers refuse to accept an application, believing that the lack of verification is a legal basis for this. In fact, such a refusal is unlawful.

It is important to clarify that the entire process of returning the franchise is recommended to be carried out before filing a claim from the CASCO insurer, the office that issued the MTPL for the culprit. Otherwise, the amount of compensation will be determined taking into account the wear and tear of parts and elements of the car. Accordingly, there is no need to delay the procedure.

How to write an application for a refund

A standard application for the return of a CASCO franchise must contain the following information:

header of the form - name of the insurance office, full name. manager, information about the applicant - full name, passport details, address, contact telephone number;
information about the participants in the accident - full name. victim and perpetrator, car brands, registration numbers;
description of the accident that occurred – the date of the incident, place, circumstances in detail;
requirement for reimbursement of the franchise, indicating the exact amount and list of repairs performed;
indication of compensation paid under CASCO insurance;
a request to pay the specified amount in cash or by transfer to an account at a financial institution (specify details);
list of related documents;
signature and transcript of the car owner who made the application;
date of application.

The signature of the employee who accepted the document, his position and the date of receipt of the application are also affixed here.

A sample application can be obtained from the insurance office at the time of application. You can fill out the form on site.

The package of documents required to return a franchise is a standard set. It includes copies of the following documents:

passport of the car owner submitting the application;
a copy of the CASCO policy;
a document confirming the registration of the car;
PTS;
a certificate from the traffic police describing the circumstances of the accident;
incident report;
resolution on violation and initiation of administrative or criminal proceedings;
photographic materials recording the fact of vehicle inspection;
conclusion based on the results of an independent examination carried out to assess the damage and identify the amount of loss;
payment document confirming payment of the franchise amount;
certificate of repair work;
personal account details for transferring the amount.

Before submitting an application, it is recommended to make several copies of each document and have them certified by the traffic police.

You should first familiarize yourself with the list of documents required to be provided. Some insurers may ignore the request, citing the absence of any document.

What is the return period?

The amount of the deductible, compensated from the funds of the culprit, must be transferred to the account within 30 days from the date of transfer of papers and application to the insurance office. However, in practice, deadlines are often not met. Therefore, do not hesitate to find out the reasons for the delays by contacting the insurer of the person responsible for the accident in person or through a telephone call.

Despite the violation of deadlines, insurance companies usually do not shy away from paying for the return of the deductible.

It is quite possible to get your money back for paying for a CASCO franchise through OSAGO, provided that you prepare a full package of documents and correctly draw up an application for payment. The main condition here will be the admission of guilt of the second participant in the accident. In such a situation, the requirement for reimbursement of funds spent on car repairs is legal and justified by the Civil Code of the Russian Federation.

Two ways to return the CASCO franchise: from the culprit of the accident personally or under his OSAGO policy

To reduce the cost of a CASCO policy, many car owners sign up for an agreement using a service such as a franchise. But this type of car insurance has one drawback - a certain amount of damage is compensated by the policyholder independently after an insured event occurs. But there is a nuance here: you can compensate for the loss caused at the expense of the culprit of the accident by returning the CASCO franchise through OSAGO.

What is a franchise under CASCO terms?

According to the terms of the agreement concluded between the insurance company and the policyholder, the deductible is part of the loss that is not payable by the insurer. Within this amount, repair work is carried out by the owner at his own expense.

In other words, this is the amount of damage that is not covered, by the amount of which the insurance compensation is reduced. For example, if the insured car was significantly damaged and the cost of restoration is less than a certain deductible, then the owner will be expected to waste personal funds on repairs.

The deductible can be either a fixed amount or set as a percentage of the total insurance amount fixed in the contract. The policyholder himself is able to determine its size.

In auto insurance practice, the following types are most often used:

Conditional. Determines the amount within which the insurance company is not responsible for paying compensation. If the amount of damage caused to the insured object is greater than the deductible, then the insurance company will fully compensate for it.
Unconditional. Assumes a fixed amount of the deductible amount. If the loss is greater than the designated deductible, then the insurance company pays the difference.
Unconditional (in %). A deductible in the amount of a set percentage is deducted from the total amount of insurance compensation.

How to return costs

Under a compulsory motor liability insurance policy from an insurance company

The motorist can return the deductible if his car was damaged in an accident, and the money paid under CASCO with the deduction of this amount will not be enough to restore the vehicle.

According to Art. 15 of the Civil Code of the Russian Federation, a person who is innocent in an accident has the legal right to compensation for the harm caused to him. The damage is partially compensated by the insurance policy, and the second part, equal to the amount of the deductible, is reimbursed by the guilty person. The obligation to compensate for the loss does not depend on the terms of the injured driver’s car insurance contract.

First of all, the injured person pays the deductible amount by transferring funds to the account of the insurer, which, according to the terms of the insurance contract, is obliged to pay compensation or restore the damaged vehicle. The process of returning the franchise must be carried out before the CASCO insurer submits claims to the company that issued the compulsory motor liability insurance to the guilty party. This will allow you to determine the amount of compensation taking into account the wear and tear of spare parts, components and parts of the machine.

Payment can be made through a banking institution or on the official website of the insurance company. The first option involves paying in cash or transferring money from the card to the bank details of the insurance company. Be sure to keep a receipt or check confirming the fact of payment. The second option is to pay the franchise amount online by transferring money from a bank card.

Registration process

The next step is to contact the insurer with whom the car owner at fault for the accident took out a motor liability insurance policy. But before that, the injured driver must act as follows:

Provide the damaged vehicle for inspection. Not only to the insurance office where the CASCO car insurance agreement was concluded, but also to the MTPL insurer on the part at fault for the accident.
Prepare the entire package of necessary documentation. It is advisable that all documents be in several copies. Copies must be certified by the traffic police.
Write an application for compensation of damage in the form of a return of material resources spent on paying the franchise.

Some insurance companies refuse to accept and consider applications if a technical inspection of the condition of the car has not been carried out by the insurance company of the at-fault motorist (requirements of clause 45 of the OSAGO Rules and clause 2 of Article 12 of Federal Law No. 40). The absence of such an inspection is not a legal basis for refusal, since in this case all damage received is assessed according to the documents provided by the insurer of the injured party, in particular the “Vehicle Condition Assessment Report”.

The application must indicate the following information:

name of the insurance company, full name of the director;
information about the applicant – full name, address, passport details, contact phone number;
information about all participants in the accident - full name of the guilty and injured driver, vehicle brands and their registration numbers;
description of the traffic accident, detailing the date, location and circumstances of the accident;
requirement for the return of the franchise (exact amount), indicating a complete list of repairs that were carried out;
form of payment of the compensation amount - cash or non-cash payment;
amount of CASCO insurance;
a complete list of attached documents;
applicant's signature;
date of the application.

To return the franchise, you must prepare the following package of documentation:

Identification document of the applicant.
Voluntary car insurance policy (copy).
Vehicle registration document.
Technical condition certificate.
Certificate from the traffic police (describing the circumstances of the accident).
Road accident report.
Resolution to initiate a case of administrative or criminal liability.
A photo report taken during the inspection, documenting all damage to the vehicle.
Conclusion based on the results of an independent assessment, which contains a description of the damage and calculation of the amount of loss.
Payment receipt confirming the fact of payment of the franchise.
Certificate of completed repair work.
Bank account details for transferring funds.

It is recommended to first clarify the full list of required documentation to be sure that the application will not be rejected by the insurer.

Compensation from the culprit of the accident

At the legislative level, it is approved that every car owner must purchase a compulsory motor liability insurance policy. But, as practice shows, quite often you can meet drivers on the roads who do not insure their civil liability. This is due to the fact that, in accordance with the Code of Administrative Offenses, a car owner driving a vehicle without a compulsory motor liability insurance policy is subject to a fine, the amount of which is much less than the cost of car insurance.

Many car enthusiasts do not even realize that their savings can result in serious problems. After all, no one is immune from being the culprit of an accident. Therefore, it is very important that every driver has a compulsory motor liability insurance policy.

Well, what should you do if the person at fault for the accident either did not have a compulsory motor liability insurance policy, or it had expired, or he was not included in it? Where to go in this situation? How to recover deductible compensation from the person at fault for an accident? The absence of insurance does not relieve the culprit from liability, therefore he is obliged (as stated in Article 1079 of the Civil Code) to compensate for the damage caused. It is to him that all requirements related to covering losses, in particular for the return of the franchise, should be presented.

Often, both parties to an accident find a compromise and reach an agreement out of court. In this case, the injured driver must monitor the actions of the traffic police inspector. Make sure that the certificate from the scene of the accident contains information about the absence of a compulsory motor liability insurance policy for the driver at fault in the accident. It is also necessary to find out and write down the name of the culprit, his address and contact information.

Pre-trial proceedings

The victim must prepare all the necessary documentation to send to the guilty party:

A certificate from an independent expert assessment containing information about the damage the vehicle received, with an estimate of the amount of damage caused. The presence of the driver responsible for the accident is not necessary during the examination, but it is still better to notify him of the location of her behavior in writing.
Pre-trial claim with justification for the total amount of damage and requirements for the timing of compensation. It is accompanied by documents that confirm all expenses of the injured party.

If the amount of loss is justified and all documents are drawn up correctly from the legal side, then the guilty person most often compromises and enters into a settlement agreement with the victim. Judicial proceedings are additional. expenses that will be recovered from him.

Court

If the participants in the road accident were unable to reach an agreement, the injured party may file a claim in court. Such actions imply that the plaintiff will incur additional expenses related to the payment of state fees. They can subsequently be compensated at the expense of the guilty party.

The requirements for filing a statement of claim are specified in Art. 131 Civil Procedure Code, according to which the applicant must indicate in the document:

name of the court to which the applicant applies;
names of the parties to the conflict, indicating their place of residence and contact numbers. If this is an organization, then its location, name of the representative and his address;
description of the circumstances of the conflict (date and place of the accident, consequences of this incident);
justification of the amount of recovery based on the results of the examination;
the fact of pre-trial settlement of the conflict, and in particular, when the claim was sent to the defendant, and how he responded to it;
the cost of the claim and related expenses;
clearly formulated requirements regarding the total amount of damage, the amount of deductible compensation, moral damages and other additional expenses;
a list of documents attached to the statement of claim;
date of filing the claim;
plaintiff's signature.

If the culprit of the accident does not agree with the decision of the court, in particular, with the assigned amount of insurance compensation, then he has the legal right to initiate a re-examination at his own expense. If a smaller amount of damage is determined than in the plaintiff’s examination, the costs of an independent assessment to be recovered from the defendant will be reduced in proportion to the difference between the claimed and determined amount of damage.