Loss of the vehicle's presentation under compulsory motor liability insurance

How to obtain loss of marketable value of a car under compulsory motor liability insurance?

Loss of market value of a car under an insurance policy is a conditional amount of reduction in the market value of a vehicle restored in accordance with regulatory requirements after damage, compared to the market value of a similar undamaged car.

To put it simply, this is the difference between the cost of a car that was in a road accident and a similar car that was not involved in an accident.

Questions regarding insurance compensation payments for loss of marketable value of a car under compulsory motor liability insurance in 2019 provoke quite a lot of controversy.

This is due to the fact that there has been a significant increase in the number of claims from victims to insurance companies seeking compensation for damages as a result of TTS.

TCB is established by law and drivers should definitely familiarize themselves with this topic . Since they have the opportunity to independently monitor compliance with all their rights.

Basic moments

Loss of marketability under OSAGO is damage caused as a result of an accident. At the same time, the cost of the car decreases due to the deterioration of the appearance of the car and the durability of its individual parts.

According to the Supreme Court Ruling of 2015, all insurers are required to compensate the lost value of the car. The basis for determining vehicle insurance under compulsory motor liability insurance is the market value of the vehicle.

It follows from this that the more expensive the car is, the more profitable it is to defend the right to compensation.

Lost value includes the following:

loss of appearance, damage to paintwork;
the reduction in performance characteristics is additionally taken into account;
deterioration in the strength of technical components of the vehicle due to repairs.

In order for the insurance company to compensate for the vehicle’s vehicle under compulsory motor liability insurance in 2019, the following conditions must be met:

If the car is foreign-made, its year of manufacture should not exceed five years. For domestic production and CIS countries - no more than three years.
The driver of the car is not at fault for the road accident.
The amount of compensation should not exceed 400 thousand rubles.
The parts that are considered within the framework of the technical assessment for an accident must not have been damaged as a result of previous accidents. Since the loss of the marketable value of the car under the insurance policy is provided only for new parts.

All payments under the TTS are made on the basis of a court decision.

Video: Loss of marketable value of a car. TCB

How to obtain vehicle insurance under compulsory motor liability insurance

Any damage that leads to loss of marketable value after its restoration has a certain coefficient. Its value is influenced by the categories of repair work and the parts that are being repaired.

In some cases, after a serious accident, the amount of damages may be more than 10% of the total value of the vehicle.

The procedure for compensation of vehicle insurance under compulsory motor liability insurance in 2019 is regulated by Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 dated January 29, 2015.

In accordance with this document, insurers are obliged to cover damage of this kind.

But despite the fact that the insurance company is subject to compensation under compulsory motor liability insurance, practice shows that almost nothing is paid by the insurance company voluntarily. In most cases, TLC is compensated after filing a pre-trial claim or additional application. According to statistics, if a pre-trial claim is drawn up correctly and competently, then in 99% of cases insurers pay the TTS in a pre-trial manner. Thus, the policyholder has the right to compensation for vehicle insurance and coverage of losses from the repair of the damaged car.

In order to receive a vehicle insurance policy under compulsory motor liability insurance if the insurer refuses to pay, you must follow these instructions:

Carry out the calculation of the technical value and receive the “Certificate of calculation of the cost of loss of the marketable appearance of the vehicle.” The examination of the technical equipment can be carried out in any independent organization that is engaged in determining the cost of restoration repairs. To do this, experts need to provide a certified copy of the calculation of the repair work performed and an inspection report of the damaged car, if the insurer carried out these actions.
After this, you should write an application to the insurance company for MTPL under compulsory motor liability insurance and attach the existing report to it.
If the insurer still refuses to pay, you need to file a claim in court. It is drawn up for the insurance company of the culprit. In the event that she becomes bankrupt, or the amount of insurance compensation exceeds the limit of payment under compulsory motor liability insurance for property, a claim is filed directly against the person responsible for the accident.

Application to the insurance company for MTPL under compulsory motor liability insurance

An application to the insurance company for motor insurance under compulsory motor liability insurance must be completed. It is submitted for registration to the office of the insurance organization in two copies.

The first, certified copy, goes to management for review, and the second is given to the applicant.

As a rule, a statement of claim is drawn up because the procedure for compensating the TTS has not yet been fully developed. Thus, not all insurers will immediately rush to satisfy these requests.

To solve the problem, it is important to know how to fill out the application correctly.

The document should consist of the following points:

Name of the court.
Details of the insurance company as the defendant.
Information about the client of the insurance organization as a plaintiff.
Details of the culprit of the accident - a third party.
The cost of the claim and the amount of the state fee.
Description of the accident and the nature of the damage to the car.
Indicate that the plaintiff is a client of the insurer, this is confirmed by the current MTPL policy.
A statement of the fact of contacting the insurer for payments.
Articles of the law are indicated that confirm the right of the policyholder to receive payments from the insurer under the insurance policy.
Reporting documents of an independent examination, which indicate the amount of the TCB.
The value of the claim is the unpaid amount of the TTS.
After this, the request itself is described; it is better to present it point by point: the amount of the legal settlement, the amount of legal costs, the state duty, which was paid by the plaintiff.
Then all the documents that are attached to the application are listed.
At the end of the application, the date of preparation and the signature of the plaintiff must be indicated.

The documents that are submitted along with the application include the following:

Identity card and its copy.
Driver's license.
MTPL policy or contract.
A copy of the statement and claim that the plaintiff filed earlier in the pre-trial settlement.
A payment document confirming payment of the state fee.
Vehicle passport, registration certificate, inspection card or diagnostic card.
Documents from the traffic police - a copy of a certificate of a road accident, a resolution or refusal to initiate a case when indicating administrative responsibility, a protocol.
A copy of the accident notice.
A copy of the report on the occurrence of the insured event.
Independent examination documents on the real cost of car repairs.
Inspection report by an expert appraiser.
Report on the size of the TCB from an independent expert.
An agreement that was concluded between the expert appraiser and the plaintiff.
Copies of the claim according to the number of participants in the case that are mentioned in the statement of claim.

Basic methods for calculating vehicle technical characteristics

Calculation of the loss of marketable value of a car can be carried out using different methods.

But there are basic ones that are most often used by experts:

Methodology of the Russian Ministry of Justice.
Guideline Document Methodology.
Halbgewax technique.

But it is important to understand that when using any method, there is no point in carrying out the calculation if the level of wear of the car exceeds 40% and the age is more than 5 years.

This is explained by the fact that the cost of the vehicle depends on the value of the car at the time the accident occurred.

Guidance document method

The guidance document method is considered the most complex calculation procedure. Only people with excellent mathematical abilities can perform it correctly. Inaccurate calculations will not be accepted by official structures.

This method is performed using the following formula: X total = X car. + X el. + X env. + X body,

Where:

X total - total loss of marketable value;
X car. — cost of repairing the body frame;
X el. — cost of repairing removable body parts;
X env. — the cost of full or partial painting of the body;
X body — the cost of work to change the body or repair those parts that violate the geometry of the body.

Each component of the formula is calculated separately. X el. can be determined by the formula:

Where:

K1 is the coefficient of change in the control unit, which depends on the method of repair work or its nature;
Ci is the retail price of the part that can be repaired;
K2 is the coefficient of change in CTS, which depends on the level of wear of the part;
m is the number of parts that need to be repaired.

Halbgewax method

The Halbgevax technique is the easiest to use. In Russia it is not used as often as in Europe. Its viability is called into question.

The calculation takes into account the total cost of repair work without determining the type of repair that led to a large repair work.

To calculate using this method, the following formula is used: UTS=(K÷100)×(CR+CO),

Where:

K is the coefficient of maximum loss of technical support, applied using the Halbgewax table;
CR - the market value of the car taking into account its wear and tear;
СО - total cost of repair.

To determine the coefficient of maximum loss of technical equipment from the table, you need to calculate two more indicators:

coefficient of relative cost of repair - A;
ratio of the cost of work to the cost of materials and spare parts - B.

Where:

CP - cost of work;
CM - cost of materials and spare parts.

Arbitrage practice

The majority of claims in judicial practice are satisfied in favor of the insurer's requirement to pay for the insurance policy. But negative results also happen.

This may be due to incorrectly completed documents, abuse of the amount and other reasons that the court considers incompetent on the part of the applicant.

In such cases, it is the insurance companies, not their clients, who win the cases. Therefore, there is no certainty that the vehicle’s vehicle’s vehicle cost can be reimbursed through an insurance company.

In judicial practice, it happened that the courts granted requests, motivating their decision by the Determination of the Supreme Judicial Institution of the Russian Federation of 2013. Here, the main role is played by the car’s compliance with all parameters according to the rules for calculating the vehicle tax.

If the car is too old, you can file a claim with the court against the person responsible for the accident. It is possible that the court will order the person responsible for the accident to pay the amount of the reduced market value of the victim’s car.

Thus, the insurance company must pay compensation for the reduction in the real market value of the car under the MTPL policy. But vehicle insurance after an accident will be reimbursed only when certain conditions are met.

It is also important to take into account that if the MTPL agreement contains a direct indication of the refusal to pay the insurance policy, the court will support the insurance company’s side.

MTPL under compulsory motor liability insurance in 2019 - loss of presentation of the car

When you get into an accident, many questions immediately arise, coupled with the nervous state of the driver himself. Consequently, people who have become the injured party often forget about one very important nuance - the loss of the marketable value of the vehicle.

Loss of marketable value of a car OSAGO

In December 2017, Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 N 58 “On the application by courts of legislation on compulsory insurance of civil liability of vehicle owners” was adopted, which replaced Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2, which confirmed the position of including loss of marketable value included in the actual damage.

37. Real damage resulting from a traffic accident, along with the cost of repairs and spare parts, also includes the loss of marketable value, which is a decrease in the value of the vehicle caused by premature deterioration of the marketable (external) appearance of the vehicle and its operational qualities in as a result of a decrease in the strength and durability of individual parts, assemblies and assemblies, connections and protective coatings due to a road traffic accident and subsequent repairs.

Loss of marketable value is also subject to compensation if insurance compensation is carried out within the framework of a compulsory insurance contract in the form of organizing and (or) payment for restoration repairs of a damaged vehicle at a service station with which the insurer has entered into an agreement for the repair of the vehicle, in accordance with the law. limit of the sum insured.

clause 37 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 N 58

That is, in other words, MTPL under compulsory motor liability insurance in 2019 is nothing more than a reduction in the cost of a car after an accident. Agree, not everyone wants to buy a used car.

If the accident was recorded by a traffic police officer, then there is no doubt about the honesty of his words regarding the damage. But what about those who file an accident under the European Protocol? To do this, you need to collect the following data:

Video recording of all damage;

GLONASS system data, if available.

16. According to paragraphs 5 and 6 of Article 11.1 of the Law on Compulsory Motor Liability Insurance, in case of registration of documents about a road traffic accident without the participation of authorized police officers, the insurer must be provided with data on the circumstances of damage to the vehicle as a result of a road traffic accident, which are recorded using technical means of control , providing uncorrected registration of information (photo or video shooting of vehicles and their damage, as well as data recorded using navigation aids operating using GLONASS system technologies or other global satellite navigation systems).

Failure to comply with these requirements is not grounds for refusal to provide insurance compensation, however, the amount of insurance compensation in this case cannot exceed the maximum amount of insurance compensation paid under the simplified procedure for registering a traffic accident.

clause 16 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 N 58

The accrual of loss of marketability of a vehicle under compulsory motor liability insurance is carried out in relation to those parts, assemblies and assemblies that affect the appearance of the vehicle and its performance.

The law has not yet established a unified methodology for calculating the loss of marketable appearance of a car, so a calculator for calculating the loss of marketable value (LCV) of a car under compulsory motor liability insurance in 2019, which would indicate the exact amount of loss for each case, has not yet been implemented.

You can still calculate the size of the TCB online by using one of the unofficial sites that provides a similar service. However, keep in mind that the calculator for calculating the depreciation rate of a car according to compulsory motor liability insurance on unofficial sources will not give the exact amount.

But that's not all. To calculate the amount to be paid under the TTS, it is necessary that several more rules be followed:

For domestically produced vehicles, wear should be no more than 40%, and age should not be more than 3 years. Some insurance companies also focus on mileage. For domestic cars it should not exceed 50,000 km.

For foreign cars, wear should also not exceed 40%, but the age here should no longer be more than 5 years. The mileage should not be higher than 100,000 km.

The car has never been in an accident in its age.

If the insurance company calculates the size of the insurance company, the amount paid can reach up to 20% of the actual damage. Therefore, if you doubt the accuracy of the data, then it would be best to turn to an independent expert and double-check the damage caused, using a calculator for calculating insurance payments for compulsory motor liability insurance, taking into account wear and tear.

It is also worth remembering that if the MTPL agreement contains a direct indication of the refusal to pay for loss of marketable value, then the court will in any case take the side of the insurance company.

If for some unreasonable reasons the insurance company refused to pay you the TTS, or you do not agree with the calculation that was given by the calculator for calculating the loss of the marketable value of a car under the insurance policy of the insurer, then you can always turn to the help of our lawyers who will help you achieve justice.

How to calculate compensation for vehicle insurance under compulsory motor liability insurance? By what method? Sample application

The very concept of CTS is not defined anywhere, but the calculation procedure is regulated by the appropriate methodology.
The calculation formula is quite complex, and often only experts can understand it, but in the article we will give an example of calculation.
If you just want to find out how much the loss of marketable value is on average, then for average damage to a car this figure is from 8 to 10% of the market value of the car.
An application for payment of TTS can also be submitted when sending for repairs. In any case, it is paid in money (sample application in the article).

What is TCB and who gets paid?

This concept itself is not contained in the legislation, but there is a method for calculating it.

The Supreme Court gives the following interpretation of the loss of commodity value:

A decrease in the value of a vehicle caused by premature deterioration of the commercial (external) appearance of the vehicle and its performance qualities as a result of a decrease in the strength and durability of individual parts, assemblies and assemblies, connections and protective coatings as a result of a traffic accident and subsequent repairs.” (Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 No. 58 (hereinafter referred to as PPVS RF No. 58 on OSAGO), paragraph 37).

In simple terms, vehicle insurance is the difference between the cost of a whole, but not damaged or painted car, and the cost of the same whole, but damaged, and then restored and painted car after an accident.

Since loss of value refers to actual damage resulting from an accident, the owner of the damaged vehicle (victim) has the right to receive this payment.

How much can they pay? Calculation

This calculation is made according to certain rules compiled into a special methodology. The calculation procedure is given in the relevant Methodological Recommendations, which were prepared by the Russian Federal Center for Forensic Expertise under the Ministry of Justice of the Russian Federation in 2018.

The size of the TTS depends on the type, nature and volume of damage and repair measures to eliminate them.

The calculation is made on the date of assessment (research) using the formula:

C _VTS – cost of the VV (wheeled vehicle) on the date of calculation of the VV (research) in rubles,
K _UTSi – coefficient of UTS for the i-th element of the CTS, repair impact, in percent.

The values of the UTS coefficients (K _UTSi ) are determined based on the results of expert practice and are given in the above-mentioned Methodological Recommendations of the Ministry of Justice in the form of a table.

To calculate the TTC coefficient when painting a car, a separate formula is used:

K _UTSokr(1) – UTS coefficient for painting the first body part or bumper, %,
K _UTSokr(n-1) – UTS coefficient for painting the second and each subsequent body part or bumper, %,
N is the number of painted components for which the loss of value is calculated.

Can not understand anything! How much will they pay in rubles?

The above formulas are used by independent experts, and even then the TCB program calculates them for them. It is not surprising that you are unlikely to be able to calculate it yourself.

But let's give a small example.

Let’s say the cost of the car on the date of calculation of the vehicle tax in 2019 will be equal to 500,000 rubles. The repair impacts included:

replacement of the rear spar (0.5% according to the table),
replacement of the rear panel (0.3% according to the table),
coloring of this panel (0.5% according to the table).

We count: 500,000 rubles. x (0.5% + 0.3% + 0.5%)/100% = 6,500 rubles .

Thus, to the cost of restorative repairs of a vehicle damaged in an accident under compulsory motor liability insurance, an additional vehicle insurance amount of 6,500 rubles will be added.

When is TCB not considered?

But there are also exceptions for calculation and payment, here are the most relevant of them.

TTC is not calculated in the following cases:

if the car is older than 5 years from the date of manufacture;
if the car is older than 2.5 years and is recognized as being used intensively;
for trucks - if they are older than 3 years;
when the body was replaced before calculating the vehicle technical equipment (except for the vehicle vehicle cabin, installed on the frame behind the cabin);
if the car has previously been repaired under MTPL or in other forms, including even partial painting;
if the car was damaged as a result of an accident,
when on the date of the accident the car had rust on the body (on parts that were damaged).

Pay attention to paragraph 5 (clause g, clause 8.3 of the Methodological Recommendations), in this form it appeared only in the current edition of the Methodology, relevant for 2019. Now you can get a vehicle insurance certificate only if the car is damaged for the first time, and not, as before, for each accident separately.

Calculate the cost of MTPL insurance

Is it possible to receive a TTS payment for repairs under OSAGO?

Yes, you can. Despite the fact that the insurance company pays for repairs directly to the car service center, the victim can receive payment from the TSA in cash.

This was clearly indicated by the Supreme Court of the Russian Federation in paragraph 37 of the Plenum on OSAGO:

Loss of marketable value is also subject to compensation if insurance compensation is carried out under a compulsory insurance contract in the form of organizing and (or) payment for restoration repairs of a damaged vehicle at a service station.

How to apply?

To receive payment from the insurance company under compulsory motor liability insurance, you will need to write a separate application - regardless of the presence of the main application, which is submitted along with the notice of insurance compensation.

If you did not complete such an application immediately when submitting the main one, then there is nothing wrong with that. The deadline for filing an application for a TTS is not specifically limited by the legislation of 2019, and therefore is equal to the general statute of limitations - 3 years from the date of the incident.

It is written in free form. In the application, it is advisable to immediately indicate the bank details where the insurance company should transfer the calculated TTC amount, or directly express the desire to receive compensation in cash at the cash desk of the insurer’s office.

Please note that you do not need to independently conduct an examination to determine the amount of loss of marketable value (to be more precise, it is not necessary). The insurance company has this responsibility. Moreover, if you submit an application for vehicle insurance later than the main application for compensation under compulsory motor liability insurance, you do not have the obligation to go to the insurer’s office again to provide the car. The calculation is made based on the insurance materials already available.

Sample application

A typical sample looks something like this:

Sample application for payment of TCB

To the insurance company
PJSC IC "ROSGOSSTRAKH"
197342, St. Petersburg, Ushakovskaya embankment, 5, lit.
And from Petrov Petrovich
Address: 197022, St. Petersburg, Kamennoostrovsky prospect, building 39, apt. 10.

Application for compensation for vehicle insurance under compulsory motor liability insurance

I ask you to pay compensation for the loss of marketable value (LCV) of the car due to an insured event (accident) that occurred on 01/01/2019 at 11:11 at the address St. Petersburg, Moskovsky Prospekt, building 213.

As a result of a traffic accident, damage was caused to the HYUNDAI SOLARIS vehicle. O777OO178, VIN Z94CT41DBBR000000, owner (victim) – Petrov Petr Petrovich (compulsory motor liability insurance policy of the victim XXX 23400000000).

In connection with the specified road accident, I contacted your company with an application for compulsory motor liability insurance and a complete set of necessary documents.

The damaged vehicle was inspected by you on 10/01/2019.

Based on the above, I ask you to make an insurance payment in the form of TTS compensation to me using the following details:

Recipient's name: Petrov Petr Petrovich
Recipient bank: NORTH-WEST BANK PJSC SBERBANK
Recipient's account: 40817810455800000000
Correspondent account: 30101810500000000653
BIC: 044030653
INN: 7707083893

03.03.2019
Petrov Petr Petrovich /_________________

MTPL according to OSAGO

After a traffic accident, there is often a need to repair the car and bring it back into working order. Repairing damaged vehicles often costs large amounts of money, which repair services require for their services. To significantly reduce costs, drivers have the right to seek compensation from insurers or those responsible for the accident. In order to competently fill out an application and correctly calculate the car’s vehicle vehicle technical value, the applicant should know about the features of this procedure and his rights.

What does vehicle vehicle vehicle registration mean under compulsory motor liability insurance?

Loss of market value due to damage is a fairly pressing topic for car enthusiasts. Many people do not want to use a car that has been in an accident and intend to sell it.

But with damage and repairs, the market value decreases, which is why the driver cannot receive the original amount for it.

Based on the Supreme Court Ruling of 2015, all insurance companies are required to pay compensation. The amount of compensation depends on its original cost.

Lost value refers to the following items:

loss of appearance of the vehicle, damage to the paintwork;
reduction of vehicle parameters that make operation difficult;
deterioration of the strength of technical components of the vehicle.

To receive compensation through an insurance company, certain conditions must be met:

the case must be insured;
the amount of compensation does not exceed 400,000 rubles;
the culprit of the accident is not the applicant;
with foreign-made vehicles, the service life should not be more than five years, if Russian-made vehicles - then three years;
The damage parts in question must not have been damaged as a result of past accidents, the TCB is only for new parts and damage.

Who will receive compensation for the loss of marketable value of the car?

Only the injured party has the right to receive compensation . Moreover, if the owner of the vehicle is not the driver, but a trusted person, then only the owner can contact the insurance company. If the driver is not specified in the OSAGO policy.

Compensation amount

The amount of compensation for the commodity value is calculated using calculation methods after repair work has been carried out. To assess the amount of damage, you can contact an independent expert. The amount varies depending on the breakdown and the total cost of the car. But the TTS payment has its own maximum threshold - 400,000 rubles.

Is it possible to get it without going to court?

The driver has the right to request compensation in two possible ways:

through a judicial authority;
through the insurance company that issued the MTPL policy.

It is impossible to go through the court bypassing the insurance company; first you need to file a request for payment of the insurance policy; if the company refuses, then you can involve judicial structures.

Action plan when contacting the IC:

registration of a request for payment of TTS;
collection of a complete package of documents;
obtaining the result of an independent examination of damage caused to transport;
damage calculation;
sending the car to a service station for repairs;
engaging an independent expert to estimate the cost of repairs, while the calculation is for a restored car, not a damaged one;
submission of all documents along with the assessment form to the insurance company.

If the insurance company refuses, you can file a pre-trial claim and send it by registered mail with notification.

How to write an application to the insurance company for reimbursement of the cost of a car?

There is no official application form. Forms can be downloaded from the Internet. There are general requirements that must be specified in the document:

name of the insurance company;
client data, including passport data;
detailed description of the accident;
car damage resulting from an accident;
grounds for payment of compensation;
list of participants in the incident.

Two copies of the document are drawn up - one for the applicant, the second for the insurer. If a refusal occurs, the form can be sent by registered mail with notification. It is recommended that you make a copy of the application if you have to go to court.

What methods exist for calculating the TCB?

Loss of marketable value is a direct indication of the deterioration of the vehicle’s condition.

To correctly determine the cost after a traffic accident or repair work, three calculation methods are used:

Methodology of the Ministry of Justice.
Guidance document method.
Halbgewax technique.

About the methodology of the Ministry of Justice

The calculation method that is used by most expert companies in the Russian Federation. It consists of a percentage ratio of the cost of transport after restoration repairs.

The entire assessment is carried out in relation to the following modes of transport:

domestic cars up to three years old;
foreign brands up to five years;
when the car depreciation is 30%.

The most common formula is: C = S * ∑ Ki/100

C is the share of the car’s value lost due to damage;
S is the initial cost of transport before the accident;
Ki is the coefficient that was established by experts after undergoing repairs.

Using this method, it turns out that the amount of compensation depends on the expert assessment of the upcoming repair work. To determine an individual coefficient, you must adhere to certain rules:

if the replacement concerns parts welded together, then the amount of the coefficient is reduced by 20%;
the cost of repairing a damaged part should not exceed the purchase of an identical but new part;
if the body distortion is eliminated before the accident, then the coefficient is reduced by 20%;
If cosmetic repairs to the surface of the car are necessary, the cost is reduced.

What is the Guidance Document Method?

The guidance document methodology is considered the most complex, but at the same time can be quite reliable. It determines the loss in price for each damaged part of the car. This allows you to get a complete picture of the restoration work in all the nuances for the victim.

The following formula is used for calculation:

U total = U1+U2+U3+Un
U1 and Un - the price for the repair of individual materials and damaged parts of the vehicle.

These indicators also need to be calculated:

K1 and K2 - coefficients depending on the method and nature of the work and wear of parts;
Ci is the price of each part that has undergone repair;

What is the Halbgewax method?

This method is common among European countries and is distinguished by its simplicity in comparison with the Ministry of Justice. Russian experts consider it inaccurate because it only covers general indicators.

The technique is applicable to the following cars:

domestic cars - no more than three years;
foreign brands - no more than five years;
mileage of a Russian car is up to 50,000 kilometers;
the mileage of a foreign one is up to 100,000 kilometers.

The calculation is made using the formula:

K is the maximum lost value of the original cost of transport;
CR - market value taking into account wear and tear of parts after operation;
СО - the full amount for the necessary repairs.

The loss of value coefficient is determined as follows:

relative price for repairs - A;
coefficient of cost of work in relation to the price for materials and parts - B.

Then, applying the sums, we obtain the coefficient using the formulas:

CP - full cost of repair;
SM - price for replacement of parts and materials.

What are the payment terms?

The new payment terms for insurers have been adjusted, which has benefited car owners.
Twenty calendar days are allotted for consideration of the application, and if payment is delayed beyond the deadline, the company is obliged to pay 1% of the total payment amount for each overdue day. This applies to those payments for which the company did not refuse.

Previously, 30 calendar days and 0.11% of the total amount for each day of delay were allotted for consideration. Now the changes are aimed at protecting the rights and interests of car owners. But it is worth remembering that the submission deadlines have also changed. Instead of the previous 15 days, you must now contact the insurance company within 5 days from the date of the incident.

What if payment was denied?

After submitting your application, you should expect a response from the insurance company. Sometimes, companies refuse requests for compensation. Then the applicant has every right to go to court.

The application to the court must contain certain points:

the name of the judicial body with the designation of the head’s data;
personal data of the applicant;
a description of the details of the process with a mention of attempts to resolve the issue pre-trial;
an indication of the regulatory documents on which the applicant relies;
the requirements made by the applicant;
list of all documents.

You must also sign at the end of the document and put the date of writing. To increase your chance of winning your case, you can use legal assistance.

How can you recover the vehicle's vehicle title from the person at fault for the accident?

If repairs require funds exceeding the cost of the car, then you can recover money from the person at fault for the accident. But to receive funds you will need to go to court. In accordance with Article 131 of the Code of Civil Procedure of the Russian Federation.

Information in the document:

it is necessary to indicate the name of the court to which the applicant is applying, the address of the branch;
information about the plaintiff and defendant;
outlines the essence of what happened, presenting evidence;
the price of the claim document is indicated if an assessment is required;
list of all documents.

The document is sent to the office of the court district, which will accept the proceedings. Representatives, after checking the claim for literacy and correctness of filling, will send it for trial. If an error is made, the claim is sent for revision. After studying the case, a notice is sent to the participants in the process.

What documents will be needed?

The application package contains the following items:

the applicant's passport and its copy;
driver license;
MTPL policy or contract;
a copy of the previous statement with which the owner tried to resolve the issue out of court;
receipt of payment of state duty;
vehicle passport;
vehicle registration certificate;
maintenance ticket;
diagnostic card;
information from the traffic police - a certificate of a traffic accident, a resolution or refusal to initiate a case for administrative liability, a protocol;
a copy of the accident notice;
a copy of the act on the occurrence of the insured event;
the result of an independent expert on the cost of repairs;
inspection report by an expert;
a report on the amount of lost commodity value from the appraiser;
the agreement that was concluded between the expert and the applicant, if any;
copies of the claim as many as there were participants in the accident.

You should carefully collect documents; if you make a mistake in the documents, the trial may drag on for months. And each meeting and assistance of a lawyer will require additional expenses on the part of the applicant.

Compensation for vehicle insurance under compulsory motor liability insurance in 2019 - judicial practice

Asking a lawyer is faster than reading!

Ask a question right now and get a free consultation. We will respond within 5 minutes and solve even the most difficult situation.

Used cars can have different values. Sometimes a good used vehicle in almost perfect condition costs much less than a new one. The catch lies in the fact that the car was involved in an accident, and then was restored. Even after a small accident, the car loses value , and selling it becomes much more difficult. Compensation for loss of marketable value (LCV) in insurance is a payment after an accident, which allows the driver to restore the damaged balance. Read on to learn how to obtain a vehicle insurance policy under compulsory motor liability insurance in 2019.

What is a car’s vehicle vehicle under compulsory motor liability insurance?

In regulations, the vehicle's technical value is considered as a loss of marketable value. Even if the damage sustained in an accident was minor, and the vehicle was completely restored, it will still be considered damaged. For the owner of a damaged car, this means one thing - he will not be able to sell the vehicle at the average market price.

Loss of marketable value of a car after an accident is property damage that is compensated under compulsory motor liability insurance only if the policyholder has taken out a policy with the inclusion of the appropriate option. UTS is not included in the list of risks very often; insurers are in no hurry to disclose information about the service to clients, focusing on paying compensation for repairs.

The policyholder can apply for payment of the insurance policy under compulsory motor liability insurance to the insurance company where he took out the policy, or to the court if the insurance company refused to compensate him for the damage. The amount of compensation is calculated taking into account the results of an independent examination of the damage, the condition of the car after the accident and an assessment of its market value.

The Federal Law of April 25, 2002 No. 40-FZ “On Compulsory Motor Liability Insurance” does not contain the concept of vehicle insurance. However, by the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 No. 58 “On the application of the law on compulsory motor liability insurance”. (clause 37) it is determined that the decrease in commodity value is damage and must be compensated.

Who can receive compensation for TCB?

Damage to a vehicle as a result of an accident, even after perfect repairs, can reduce the value of the vehicle by 20-30% . You can get a refund, but not always. Thus, in accordance with the Methodological Recommendations of the Federal Budgetary Institution Russian Federal Center for Social Security under the Ministry of Justice of the Russian Federation dated January 1, 2018, the TTS is not calculated:

if the service life of passenger cars exceeds 5 years (with intensive use - 2.5 years);
if the vehicle has previously undergone restoration repairs.

The amount of compensation for damage to property, including damage due to vehicle insurance, in accordance with the general rules of compulsory motor liability insurance, cannot exceed 400 thousand rubles.

Amount of compensation for vehicle insurance under compulsory motor liability insurance

To find out the approximate amount of compensation, you can use online MTPL calculators for compulsory motor liability insurance, but you should keep in mind that only an insurance employee can accurately calculate the compulsory insurance policy, taking into account specific circumstances.

The Ministry of Justice is the most popular scheme. An insurance company specialist will be able to calculate the amount of payments using the uniform methodology of the Ministry of Justice. Car depreciation should be no more than 35%. The calculation formula looks like C = S * ∑ Ki / 100, where C is the lost share of the original price of the car after the accident, S is the regular price of the vehicle before the accident, Ki is the coefficient for each damaged element (if calculated by the insurance representative). TCB in this case depends on the expert assessment of restoration work.
Guideline method - calculation of loss of marketable value is calculated with maximum accuracy, but this is done by a specialist. To get the amount of compensation, you need to add up the total amount for loss of marketable value - this is damage to paint, frame, body elements, removable parts.
Halbgevax is a popular scheme in Europe; it is also used in Russia, but less frequently. The Halbgevaksa method for calculating the vehicle's vehicle technical liability according to OSAGO takes into account the general prices for services and does not consider the type of repair.

The vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's motor vehicle liability insurance is calculated as follows:

The lost profit will be equal to the multiplier of the vehicle insurance coefficient (maximum) divided by 100, and the sum of the market price of the vehicle with the cost of work.

CR / CN * 100%, where CR is the price at the time of the accident, CN is the price of a new car.

If the result is more than 40%, the calculation continues according to the formulas:

A = CO / CR * 100% and B = SR / SM * 100%, where SR is repair work, CM is the price of new materials and parts.

Using indicators A and B, it will be possible to obtain the coefficient K.

Halbgewachs table for determining the maximum value of TCB for passenger cars

Halbgewachs table for determining the maximum value of TCB for passenger cars