Car repair under compulsory motor liability insurance at the insurance service

Car repair under MTPL in 2019: procedure, timing and nuances

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When repairing under compulsory motor liability insurance or compensating for losses, quite a lot of controversial issues may arise. The task of any driver is to carefully study all the nuances of car repair under MTPL. It is important to find out what are the features of the legislation on repairs under MTPL, to get answers to the most important questions: how can you get the necessary original spare parts, how to act correctly when repairs are delayed?

The key current rules for repairs under compulsory motor liability insurance in 2019 are of significant importance. A lot of questions arise when repairing a car using an MTPL policy, and the task of the car enthusiast is to understand all the intricacies. The main regulatory acts regulating this procedure are Federal Law No. 40-FZ dated April 25, 2001 “On Compulsory Motor Liability Insurance” and Bank of Russia Regulations No. 431-P dated September 19, 2014 “On the rules of compulsory civil liability insurance...”.

How to get a referral for repairs under OSAGO

It is necessary to obtain a referral so that the car can be repaired according to compulsory motor liability insurance. The issuance of a referral for repairs is possible after consideration of the relevant application; it is written by the owner of the car and then sent to the insurance company. When the insured event does not fall within the existing provisions of the law, insurance is provided in the form of vehicle repairs.

To receive a referral for repairs under OSAGO, the driver must:

1. Notify the insurance company about the accident.
2. Collect a package of documents, which includes an insurance contract and the policy itself, a title, receipts for payment for a tow truck, examination and parking, a passport, copies of the protocol and resolution of the traffic police and a notification of an accident.
3. Draw up an application for payment of the insurance amount and submit it to the insurance company.
4. Provide the car for inspection to the insurer (this must be done within 5 days from the date of filing the application for insurance compensation).
5. The car is inspected by the insurance company, and it may also be sent for an independent examination.

When all the necessary documents have already been received, the circumstances of the incident have been clarified and an assessment has been made, the car has been inspected and the appropriate examination has been carried out, the insurance company issues an official referral for repairs. The MTPL rules define specific deadlines for this: 20 or 30 days.

The direction includes the following data composition:

• information about the victim;
• details of the policy, insurance contract;
• vehicle data;
• the amount of additional payment for repairs;
• car repair deadline;
• the name of the service station where the repairs will be carried out, as well as its address and details.

When there are contracts between the insurer and the service station, the policyholder will be able to independently determine the service center from the corresponding list.

You need to choose as carefully as possible, since each service may have its own restrictions for vehicles.

The insurance company that provided the direction for repairs under the MTPL policy is responsible for compliance with the deadlines and quality of repairs.

How does the car repair procedure work under OSAGO?

It is necessary to consider in detail the procedure for repairing a car under OSAGO. The Law “On Compulsory Motor Liability Insurance” has a corresponding article 12 , which, among other things, establishes criteria for the accessibility of the place of restoration depending on the location of the accident or the place of residence of the victim.

In certain cases, the insurer is willing to bear the cost of transporting the car. Then the distance to the repair site will no longer matter. Now the car owner can independently choose where the repairs will be carried out: this is done in a service center or at an insurance company service station, as well as at an official dealer.

Repair from an authorized dealer

Car repairs at dealerships are in fairly steady demand. It is performed when no more than two years have passed from the moment the car was released from the assembly line. If the warranty is valid, the dealer will perform the repairs at his service center. It is important to understand that this requires an agreement between the dealership and the insurance organization.

Sometimes the list of service stations does not include the corresponding official dealer. In this case, the insurer issues a referral for specialized repairs at the dealer.

At the service station of an insurance company

Free car repairs under MTPL are carried out by the insurance company. In this case, an agreement is concluded between the service, the insurance company and the client. The documents must describe in detail all the work, its features, deadlines, as well as a list of spare parts indicating their specific prices. If the level of 400 thousand rubles is exceeded, the client will have to independently cover the additional costs of restoration repairs.

In addition, only new components are used during repairs. For example, repairing or replacing a bumper requires the use of new parts, rather than refurbished, previously used parts.

When the repair work is completed, the car is handed over to the owner for acceptance. The acceptance certificate can be signed only after there is confidence that all faults have been properly eliminated. If there are any shortcomings, you can already solve the problem through a complaint procedure.

If problems are discovered after signing the acceptance certificate, it is almost impossible to file a claim.

Rules for repairs in an independent service

It is important to remember the requirements for a service station when repairs to a warranty vehicle are carried out by a third-party service. To issue a referral, you will need to obtain the appropriate written permission from the insurance company. It indicates the details of the service station, as well as the address, contacts and name of the specific service center.

The insurance company may agree and send the car to a third-party service. Then the costs are covered without taking into account the wear and tear of spare parts. In addition, the insurer will have the right to consider the application for a longer time (10 days more, 30 days in total).

Car repair time under MTPL

The car must be repaired within a maximum of 30 days (Clause 15.2, Article 12 40-FZ). This period is counted from the very moment when the owner brings his car to the service station or transfers it to the insurer for transportation to the place of repair. It is extremely important that the maximum repair period under OSAGO is not exceeded.

Did the repair take longer? Then you can send a corresponding complaint to the service station, as well as to the insurance company. These authorities are required to promptly consider the appeal.

The specific period required for high-quality repair of a vehicle is determined in each case individually. This is done at the service center after inspecting and diagnosing the car. The repair instructions indicate the exact repair time frame, but it is possible to change them.

What to do if the insurance company delays repairs under compulsory motor liability insurance

It is also possible that repairs will be delayed under compulsory motor liability insurance. The main thing in this case is to remember that the period is 30 days. If there is already a violation of repair deadlines, the issue is resolved through a complaint procedure, so it is important to immediately submit a complaint in writing.

Calculation of the cost of repairs according to OSAGO

You can roughly calculate the cost of car repairs in advance. The price of spare parts will be of significant importance here. Keep in mind that the spare parts cost catalog according to PCA reflects current information, so it is always useful to check with it.

When insurers or service stations may require additional payment

It is important to remember that car repairs under MTPL insurance have a certain limit on the amount (400 thousand rubles). If this threshold is exceeded and only in this case, the insurer has the right to demand an appropriate additional payment from the vehicle owner.

Can non-original spare parts be used for repairs?

Another important point: when repairing a car under MTPL, only original spare parts can be used. The use of parts that have already been used or restored is strictly prohibited.

Unfortunately, judicial practice proves that in reality repairs are not always carried out according to the rules.

How to properly accept a car after repair

Judicial practice regarding poor-quality car repairs is widespread: the number of trials is increasing literally every day.

Be extremely careful: the car needs to be inspected and tested.

Is it possible to refuse repairs under compulsory motor liability insurance and get money?

Some car enthusiasts prefer to receive money under compulsory motor insurance for self-repairs rather than use the services of a service station. Therefore, many car owners are interested in the question: when the insurance company pays money instead of repairs, what should be done for this?

Now insurance companies themselves decide whether to issue compensation in cash or refuse payment. But you can find a way out. For example, if repairs do not fit within the 30 days required by law, it is appropriate to demand compensation in monetary terms. When the car is not older than 2 years, it must be repaired by an authorized dealer. But if it is not there, and the insurer does not want to pay for transportation, it is better to request compensation in money.

What to do if the insurance company refuses to repair

If the insurance company refuses to repair the car under compulsory motor liability insurance, you can resolve this issue through a claim procedure. Sometimes it even comes to court proceedings. First, you can file a formal complaint. If this does not allow you to find a common language with the insurance company, you are left with a lawsuit.

Is it possible to change a windshield under OSAGO?

Every driver should know that according to the legislation of the Russian Federation, under the compulsory motor liability insurance policy, windshield replacement is carried out only in the event of an accident. If the glass was damaged due to mechanical impact, for example, when hit by a stone or pebble, this will no longer be an insured event.

Rules for repairs under compulsory motor liability insurance and how do insurance companies get divorced?

Repair rules according to OSAGO

The most common attempts to scam motorists out of repairs under compulsory motor liability insurance result in the stage just before the car is repaired at a car service center. How exactly does this happen and how to avoid such divorces, and what are the basic rules for repairs under compulsory motor liability insurance? Let's find out!

How do car enthusiasts get scammed when it comes to repairs?

So, you become the injured (possibly partially injured) party in an accident and come with documents to the insurance company or send them by mail. As a result, the insurance company gives you a referral for repairs. The situation is standard for 2019, because today almost all insurance companies have already concluded contracts with service partners.

Scam No. 1: “Please pay extra!”

You take a referral for repairs with pride for your Motherland - more precisely, a big step towards the civility of the state due to the fact that you now do not have to worry that the insurance company will not pay extra in the event of a payment under compulsory motor liability insurance in money, because instead your car will be repaired right away!

With this direction you come to the car service, and. You are greeted with a calculation of the amount for additional payment for repairs. How, what other additional payment, because the insurer must pay for everything, and the driver has already paid for a compulsory motor liability insurance policy at some point. But no. The practice is ubiquitous. But the main thing is that the legislation itself provides such an opportunity.

The fact is that the Federal Law “On Compulsory Motor Liability Insurance” is the main regulatory act regulating the relationship between the insurer and the policyholder. This law allows insurance companies to calculate compensation taking into account wear and tear, but not more than 50%. So, if your car is more than 5 years old (from the date of purchase), then the wear and tear will be 50%. It should be noted that this is all taking into account the already underestimated cost of spare parts according to the base on which such calculations are made.

But in fairness, it should be noted that wear is taken into account only for spare parts and body elements, and work is considered without wear.

Article 12, paragraph 17:

The direction for repairs issued by the insurer on the basis of the second paragraph of paragraph 15 of this article indicates the possible amount of additional payment made to the service station by the victims for restoration repairs on the basis of the second paragraph of paragraph 19 of this article.

Article 19, paragraph 2:

The amount of expenses for spare parts (except for cases of compensation for damage caused in the manner provided for in paragraphs 15.1 - 15.3 of this article) is determined taking into account the wear and tear of components (parts, assemblies and assemblies) to be replaced during restoration repairs. At the same time, depreciation of more than 50 percent of their value cannot be charged on the specified components (parts, assemblies and assemblies).

How to avoid this? Simple enough! Don't agree to pay extra. By law, the insurance company is obliged to repair the vehicle in any case, however, it is prohibited to use used parts, and the repair itself must be complete. Repair deadlines are also agreed upon (more on this below in the repair rules for compulsory motor vehicle liability insurance).

When accepting the car, you also have the right to make quality claims - this should be done to the insurance company, not to the service.

Divorce No. 2: Assignment agreement

Another common and more cunning scam of car owners. But only those who do not very carefully read what they sign are at risk of falling for it.

Similar to the previous situation, you come to the service center, where you are given papers to sign. “ Here is the vehicle acceptance certificate, here is the signed direction for repairs, and here is the repair agreement. “say representatives of the service.

" Stop! What other repair contract?! “- savvy car enthusiasts will say. In fact, there is no contract - there is compensation for harm. The relationship between you and the car service is not contractual, according to the Civil Code. The insurance company has an agreement with him.

In fact, under a tricky agreement, you are invited to enter into an assignment agreement. An assignment is a transfer of a claim. In this case, the right to claim compensation from the insurance company.

We understand that you don’t understand anything at this stage. That's why we called this kind of scam more cunning.

The point is that, by signing an assignment agreement, you are selling to a car service organization your right to claim from the insurance company. What are you selling for? And just for restoration repairs. The catch here is that after this, if you do not read the contract carefully, your car may be repaired poorly - with used spare parts, for example, or the contract will not provide for painting of body parts.

And then there will be no one to present it to, even in terms of time. The Federal Law “On Compulsory Motor Liability Insurance” directly states that used spare parts cannot be used; repair periods are regulated, as are warranty periods. The only thing is that you sold the right of claim to the service, and it will not present anything to the insurance company, or rather, it will, but not on your behalf and not in your interests.

The solution here is also simple - now you are armed, and even if you decide to sign something before the repair, you will know that any documents with the word “cession” are strictly taboo for your hand with a pen. In general, there is nothing that legally obliges you to sign any document at all at the stage of handing over the car for service.

Now let's move on to the main postulates regulating the rules for the restoration of automobiles by the law on compulsory motor liability insurance.

Repair rules according to OSAGO

The repair rules are quite strictly stipulated in the Federal Law “On Compulsory Motor Liability Insurance”. Below we list the main points point by point with links to the legislation in force for 2019.

1. Within 5 days after submitting documents for compensation, you are obliged to provide the car for inspection by the insurance company, and the insurance company must inspect the car, then calculate the cost of repairs and ensure that they are carried out in accordance with all the rules of OSAGO (Clause 10, Article 12).
2. If the car is not running, then you are not obliged to transport it on a tow truck for inspection and repair (paragraph 3, paragraph 10, article 12). At the same time, the car does not have to be disabled due to an accident. You may well point out that you don’t even know what broke, it doesn’t matter whether it broke during the accident or after - the car just doesn’t drive.
3. If you have a truck, you have the right to choose payment instead of repairs (clause 15, article 12). If it is a passenger car, then the insurance company chooses (Clause 15.1, Article 12).
4. When making repairs, you cannot use used spare parts (unless you directly agreed to such an offer from the insurance company - clause 15.1 of article 12).
5. The minimum warranty for repairs according to the rules of paragraph 15.1 of Article 12 of the Federal Law “On Compulsory Motor Liability Insurance” is six months for basic work, and a year for body work and painting of body elements.
6. The repair period should not be more than 30 days (Clause 15.2, Article 12).
7. For cars not older than 2 years, repairs can only be done by an official dealer (clause 15.2, article 12).
8. Damage to property other than a car is carried out only in the form of payment and no repairs (Clause 16, Article 12).
9. The insurance company on its website is obliged to have a list of all car services with which it has a repair contract, and when the victim applies for compensation, it is obliged to provide a service of choice (clause 17 of article 12).
10. All deadlines, volume and order of work must be agreed with you (clause 17, article 12).
11. If the cost of the work according to the calculation exceeds the maximum compensation threshold of 400 thousand rubles, then the payment may still not be made (at the insurer’s choice), and you will have to pay extra above the limit (clause 17, article 12).
12. The insurance company is responsible for all shortcomings in the quality and timing of repairs, and only it needs to make demands and objections (Clause 17, Article 12).
13. If the insurance company violates the terms or other conditions of repair 2 or more times, then the Bank of Russia may deprive it of the opportunity to send it for repairs and oblige it only to pay in money for a period of 1 year (clause 17.1 of Article 12).