The insurance company paid little under compulsory motor liability insurance

How to get your money if the insurance company paid little?

Very often there is a situation where the insurance company paid an amount much less, or even completely incomparable, with the amount spent on repairs.

As a rule, this happens when the insurance company sends an insurer with whom it has a contractual relationship to conduct an examination.

Not only does the insurance company significantly (2-4 times) underestimate the amount of restoration repairs , but the depreciation factor of the car is also applied.

As a result, the payment received under compulsory motor liability insurance is not enough even for partial repairs.

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

It is better to wait until the insurance payment is received and only then begin to repair the car. Then you will be able to conduct a second independent examination at your own expense if it suddenly turns out that the insurance company did not include all the damages in the report.

As a last resort, if the car is needed, you can photograph the damage from all angles. Then, based on these photographs, it will also be possible to conduct an examination.

If the car has been repaired, but the insurance company has paid little under compulsory motor liability insurance, you need to receive a certificate of the insured event and demand compensation for the actual costs of repairs.

Even if you are going to repair the car first, you will have to have it repaired at a service center and receive all payment documents in hand.

By delaying the repairs a little and waiting for an insurance payment or compensation through the court, you can save money.

Or read THIS article about the rules of MTPL insurance.

How to obtain an insurance claim report?

In order to determine the procedure for appealing the insurance company’s decision, you must first receive the expert’s assessment report and calculation .

To do this, write an application to the insurance company with a request to issue an insured event report and a vehicle inspection report with a calculation of the cost of restoration repairs. According to clause 71 of the OSAGO Rules, the insurance company is obliged to provide you with a copy of the act upon written request.

Having received all the required documents in hand, you need to independently, or even better with the involvement of independent experts, check all positions to ensure that all damage to the car is reflected.

The act indicates the settlement amount without depreciation. If it approximately corresponds to the cost of repairs, it means that the payment is underestimated due to the fact that under compulsory motor liability insurance the damage is calculated taking into account wear and tear. Then any further actions will not lead to tangible results.

It often happens that the insurance company:

• underestimates the number and cost of standard hours for various types of work;
• does not take into account the types of work required for repairs;
• underestimates the cost of parts and materials necessary for the work;
• does not take into account the necessary cost of parts and materials at all.

If the vehicle cannot be restored, then the insurance company may inflate the cost of suitable parts by 2-3 times , which will again lead to an underestimation of the payment amount.

How to conduct a repeat independent examination?

If the report reflects all the damage to the car, then you need to contact an independent expert in order for specialists to draw up another estimate of the cost of repairs based on the inspection report.

If the damaged car is no more than 5 years old, then an independent expert can calculate the amount of loss of marketable value of the vehicle as a result of repairs. This amount must also be recovered from the insurance company.

If the report does not reflect all the damage and the car has not yet been repaired, then it is necessary to conduct a second independent examination. In this case , it will be necessary to notify the insurance company about the time and place of its holding .

All payment receipts must be kept, because in the future all amounts spent can be recovered through the court. If repairs have been made, then you need to restore all receipts and payment documents confirming real costs.

Would you like to learn more about conducting an independent auto examination?

Or read HERE about the documents required to receive payment under MTPL.

And in this article you will learn what coefficients are used to calculate compulsory motor liability insurance: //auto/osago/tarify-i-koehfficienty.html

How to file a pre-trial claim?

After drawing up a new damage assessment report, you need to draw up a competent pre-trial claim to the insurance company, listing all your requirements and attaching a new damage assessment calculation.

The claim is drawn up according to the sample. The addressee of the claim is the head of the insurance company. Then the reason for the request is stated, the next paragraph indicates the result desired by the client.

Here is written the amount that the victim expects, and the 7-10-day expected period for responding to the claim, after which the client will go to court.

All available documents must be attached to the claim, specifying the policy number, car number, expert opinions and receipts from the service station. At the end, the date and contact details of the victim are indicated.

Such a claim is confirmation for the court of an attempt to reach an agreement on your part. It must be submitted to the secretariat of the Investigative Committee, making sure to receive a copy with a receipt stamp, or sent by registered mail.

Sometimes it happens that the insurance company meets the victim halfway and satisfies the claim. However, much more often you will either receive a refusal or the claim will be completely ignored.

Therefore, the best option is to immediately begin preparing a package of documents for filing an application with the court after filing a claim.

How to file a complaint with the RSA and FSSN?

During these 10 days, you can prepare complaints to the Union of Auto Insurers and the Federal Insurance Supervision Service.

On the RSA website you can download a form for filing a complaint, you can complain by calling the toll-free line: 8-800-200-22-75, or you can find out if there is a RSA representative office in your city (for example, there is one in Novosibirsk, Yekaterinburg, N. Novgorod, Rostov-on-Don, St. Petersburg, etc.), or write to the address: Moscow st. Lyusinovskaya, 27, building 3.

Filing a complaint to a supervisory authority is a normal step that is practiced in all countries.

The Federal Insurance Supervision Service also exercises control over the actions of insurers, but does not resolve disputes about the amount of damage.

Insurance supervision inspectorates are located in major cities of Russia; in extreme cases, a complaint can be filed at the address: 125993, Moscow, Miusskaya pl., 3, building 5.

This cannot be said to be an effective measure, but the insurer’s activities will be checked.

How to calculate the amount to file a claim in court?

To file a claim for recovery of insurance payment, it is necessary to calculate the amount of the claim.

The amount includes:
• the amount of restoration repairs (as assessed by your expertise);
• cost of independent examination;
• postage for notifications.

The insurance premium must be deducted from this amount.

To it you can add, if assessed, the loss of the marketable value of the vehicle and possible interest for the use of other people's money.

You also need to indicate the moral damage that you want to compensate (you can specify any amount, but in practice the courts usually compensate no more than a couple of thousand rubles).

Resolution of the plenum of the Supreme Court of the Russian Federation dated July 28, 2012 No. 17 stated that the insurance company must not only reimburse the amount of the underpayment, but also pay a fine in the amount of 50% of the claims satisfied by the court for refusing to pay voluntarily.

Please note: this fine is awarded in favor of the plaintiff and does not go to the state.

If the planned amount of collection exceeds the statutory amount of 120,000 rubles. OSAGO, then it makes sense to invite the culprit of the accident to court as a co-defendant . This is necessary in order not to delay the judicial review.

What documents will be required for the court?

While waiting for a response to a pre-trial claim, you need to collect a package of documents to submit to the court.

1. Documents for the vehicle;
2. Copies of documents from the traffic police;
3. Insured event report;
4. Vehicle inspection report;
5. Insurer's estimate or valuation report;
6. Statement of claim with attached calculation on a separate sheet.

What should you consider when filing a claim?

If the insurance company has underpaid a large amount, it is better to entrust the filing of an application to the court and the conduct of the case in court to a law company.

If the amount claimed is less than 50,000 rubles, the claim for recovery of underpaid insurance compensation under compulsory motor liability insurance is filed with the magistrates, if it is above 50,000 rubles. - to the district court.

Typically, in disputes over insurance payments, the court satisfies the claims of the insurance company client in full.

Of course, the process may drag on for months, but in any case you will not lose anything, because all expenses and legal fees will be paid by the insurance company. During the trial, another forensic examination may be ordered.

As a rule, the matter is not limited to one meeting; you will have to constantly take time off from work to attend meetings.

All legal fees will be paid by the insurance company.

After the end of the trial, the writ of execution will need to be taken to the bailiffs or directly to the bank where the debtor’s account is registered.

Video about insurance disputes under MTPL

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

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

Why doesn't the insurer pay extra?

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

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

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

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

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

How to determine how much to claim

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

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

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

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

How to find out if the amount is insufficient

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

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

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

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

What to do if the insurance company paid little?

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

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

Sequence of actions after a collision:

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

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

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

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

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

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

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

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

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

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

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

Going to court. Procedure

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

Disputing an insufficient amount paid occurs as follows:

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

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

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

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

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

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

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

If the insurance company paid little under compulsory motor liability insurance

When an insured event occurs, the owner of the MTPL policy expects to receive funds that can compensate for all material costs incurred by him. The insurance company is trying to reduce its costs. Therefore, most often the amount offered by it to the owner of a car damaged in an accident turns out to be significantly lower than the expected payment. This decision is not final and the correct actions of the policy owner will help him compensate for all the damage incurred. If the insurance company paid little under compulsory motor liability insurance, what should you do?

Small payment: what to do?

One of the first documents drawn up in case of an accident is a certificate. It is compiled by an employee of the State Automobile Inspectorate directly at the scene of the accident. It is its contents that the owner of the damaged vehicle must pay attention to. A detailed list of failed parts and damage to the car can become evidence of the damage incurred if the victim goes to court.

If the insurance company has not paid the car owner an amount not exceeding 20 thousand rubles, there is no need to go to court. The costs associated with the process may exceed the amount of compensation. If the amount of payment is significantly underestimated, the victim must do the following:

• obtain an official document about the insured event (act) from the company;
• conduct an independent examination of the vehicle a second time;
• submit a pre-trial claim.

These actions will help not only in the case of a “peaceful” resolution of the issue, but also when filing a lawsuit against the insurer.

Receiving an insured event report and calculation

The amount offered by the company for payment is determined in the insured event report and the corresponding calculation. Receiving these documents to the victim will allow him to challenge the decision made by the insurer and will give him the opportunity to cover all losses incurred.

The act and calculation are a real confirmation of the results of the independent examination. Therefore, insurance companies are reluctant to submit these forms. The right to receive a certificate of an insured event is stipulated in the rules of OSAGO. Violation of paragraph 71 will give the victim another reason to complain against the insurer.

To obtain copies of documents you must:

1. Write an application to the insurance company to provide them.
2. Send it by letter with notification or take it in person to the insurer's office. It is better to make a copy of the application and ask the responsible company employee to stamp it with a receipt indicating the date.
3. If you refuse to provide an act and calculation, you should seek help from a qualified lawyer.

After the insurance company has issued a copy of the required documents, you must carefully check the accuracy of the calculations. This will allow you to identify items that contain incorrect data. The amount of compensation may be underestimated as a result of the following violations:

• the report does not reflect all the defects sustained by the car in the accident;
• the cost of some types of work and spare parts has been reduced;
• the price of materials is not indicated at all;
• Not all repairs necessary to restore the vehicle are taken into account.

All these points can be challenged, proven wrong by the insurance company and received from the insurer an amount corresponding to the actual costs of car repairs. The only exception: if the calculation is made correctly and the amount indicated in the act is approximately equal to the cost of restoration work, it is useless to challenge the decision of the Investigative Committee. In this case, the amount of payments directly depends on the depreciation (wear and tear) of the car. This clause is stipulated in the insurance contract, therefore it is completely legal.

Carrying out a repeated independent examination

Identification of errors in the act and calculation may become the basis for another independent examination. Only those companies that have the appropriate license and permit have the right to conduct it. The procedure is performed at the expense of the vehicle owner. In order to recover money spent from the insurance company, you must save all payment documents.

For vehicles whose service life does not exceed 5 years, the amount of loss in the marketable value of the vehicle as a result of repairs is calculated. The amount received is included in the examination report and collected from the insurer.

Notifying the insurance company about the place and time of the repeated independent examination is a mandatory condition for carrying out this procedure!

Pre-trial claim

After receiving a new assessment of the damage incurred as a result of the accident and the corresponding calculation, it is necessary to draw up a pre-trial claim. This document is written addressed to the director of the insurance company. It contains the following data:

• insurance policy number;
• vehicle registration details;
• information about the owner;
• the reason for contacting the insurer;
• amount of compensation and desired result;
• date of submission and contact information.

Copies of all available documents are attached to the claim: an appraisal report, a calculation of the cost of damage incurred, checks and receipts confirming the price of repairs and other costs.

Download the pre-trial claim form here

The prepared package of documents is sent to the insurer with a notification or brought personally to the victims. In the second case, it is necessary to request from the responsible specialist of the company a copy of the claim with a note of its receipt. It takes 7 to 10 days for the insurance company to process the document and make a decision. After this period, legal action can be filed.

Having a claim will allow the victim to prove in court that he has taken all possible measures to peacefully resolve the conflict.

Additional measure: complaint to the Russian CA and the Federal Service of CH

In parallel with conducting a repeated independent examination and filing a pre-trial claim, you can write a complaint against the insurance company and send it to the Russian Union of Auto Insurers (RUA) and the Federal Insurance Supervision Authority (FSSN).

There is an official website of the Union where you can view the application form and download it. Several more options for filing a complaint: calling a toll-free line or contacting directly the Union representative office located in your city, as well as the central office in Moscow.

A complaint sent to the Federal authority will not help resolve the dispute about the amount of compensation due. But this measure will allow the national service to monitor the activities of the insurer.

Drastic measure: legal action

The last and most effective measure, by which in 99% of cases the victim receives the desired amount of compensation, is sending a statement of claim to the judicial authority. The preparation of documents can begin in parallel with filing complaints with the Federal Authority, the Union of Auto Insurers and submitting a pre-trial claim to the Insurance Company.

It is better to entrust the conduct of a legal case regarding obtaining the actual amount of compensation from the insurance company to a qualified lawyer. Of course, contacting a specialized company will entail additional financial costs, but these are justified costs. In addition, they can be returned by presenting the relevant documents to the judge.

The amount of the claim determines which authority the victim will contact:

• more than 50 thousand - to the district court;
• less than 50 thousand – to the magistrate’s court.

To submit a claim, you need to collect the following package of documents:

1. Statement of claim.
2. Two acts: on the inspection of the car and on the insured event.
3. Documents for the vehicle.
4. Calculation of the cost of damage incurred on a separate sheet.
5. A report or calculation prepared by an independent expert.
6. Copies of certificates and other documents from the State Road Safety Inspectorate.

The statement of claim is drawn up in accordance with the norms of the Civil Code. It sets out all the circumstances of the incident, the actions of the plaintiff and his demands. It is desirable that the victim’s actions comply with the terms of the insurance contract. Each point of claim presented by the plaintiff to the insurer must have a reference to a specific article or norm of the legislative act of the Federation.

A sample claim statement can be downloaded here

The claim indicates violations committed by the insurance company. The illegality of her actions must be documented: the results of the examination, photographs from the scene of the incident, testimony of witnesses and other similar evidence.

The result of the consideration of the case is the provision of a writ of execution to the victim.

Calculation of the amount of payments under the insurance policy

When going to court to recover from the company the amount underpaid due to an insured event, it is necessary to provide a calculation of the amount. The amount of compensation required consists of the following costs:

1. The cost of repair work and materials indicated by the appraiser in the report of the independent examination carried out again.
2. Amounts spent on sending a registered letter.
3. Expenses for independent examination.
4. The amount of loss in the market price of the vehicle, if any.

The payment due to the insurance company is deducted from the amount received. Another pleasant surprise: the opportunity to receive from the insurer not only the desired compensation, but also a fine, the amount of which will be 50% of the amount claimed. Its receipt is regulated by Resolution No. 17 of July 28, 2012.

You can claim compensation for moral damages. But this type of compensation is paid only when an additional claim is filed against the culprit of the traffic accident.

Payments for a car on loan or lease

A vehicle purchased on credit or leased is subject to compulsory insurance. If such a car gets into an accident and is damaged, the insurance company must pay its owner appropriate compensation. Its amount is often underestimated for the following reasons:

The insurance company pays only the amount remaining on the loan after its monthly partial repayment. Since the insurance policy was issued for the entire amount of the loan and payments were made accordingly, the policyholder (the owner of the damaged car) has the right to demand compensation from the insurance company for the full cost of the vehicle. The bank repays the loan amount and transfers the remaining funds to the citizen who issued the loan.

The insurance company deducts the premium for the entire policy period from the compensation amount. If it is written out for several years, then the funds received from the insurer will not even be enough to repay the loan. Therefore, it is better to take out an insurance policy annually.

It is better to entrust the resolution of issues related to the insurance company’s reimbursement of underpaid amounts to a competent lawyer.

Advice for the policyholder

A few tips that can help the vehicle owner receive from the insurance company the full amount spent on restoring the car damaged in the accident:

It is better to repair the car after receiving money from the insurer. This will make it possible to conduct a second independent examination and prove the illegality of the company’s actions. If the car is nevertheless restored, and the expert’s conclusion does not suit the victim, you can assess the damage using detailed photographs. They must be done before contacting the service station.

You should not throw away payment documents that can confirm the costs of materials, work, or the services of an expert or lawyer. They may be needed in court. The car needs to be restored only in services that have official state registration and have the appropriate permits.

There is no need to give up if the insurance company paid an amount under compulsory motor liability insurance that does not correspond to the actual costs. The victim can receive due compensation peacefully or through the courts. It will take some time, but the policy owner's requirements will definitely be satisfied!

What to do if the insurance company paid little?

If you are involved in an accident through no fault of your own, then according to the law, under compulsory motor liability insurance you must receive compensation for repairs from the insurance company of the person responsible for the accident. You need to wait for the insurance agent to arrive to conduct an inspection. Within 20 days, you will either have to pay the full amount of damage (but not more than 400 thousand rubles), or send it to a service station, where the vehicle will be restored, taking into account wear and tear of parts.

Table of contents:

But, as often happens, insurance companies pay too little. They usually do this because they are sure that the victim is not familiar with the laws, does not know about his rights, and therefore will not take any measures to correct the situation.

We offer you a simple algorithm of actions - what to do if the insurance company paid too little.

Procedure

So, if you see that the company has not paid even half of the funds that you spent or plan to spend on repairs, you need to:

• receive a calculation of payments from the insurance company;
• contact an independent expert bureau so that they can carry out repeated calculations;
• submit a pre-trial claim to the insurance company based on the results of an independent examination;
• If the claim has no effect on the insurers, file a lawsuit to recover the full amount of damage and all applicable fines for failure to fulfill their duties.

Now we will describe each of these points in detail.

We receive payment calculations

The insurance company must give you a copy of the payment calculation or the insured event report within three days after your written request.

It is also necessary to pay attention to the fact that the amount may be indicated in the act both taking into account wear and tear of parts, and without taking into account.

If the amount is indicated without taking into account depreciation and approximately corresponds to the costs incurred by the injured party, then any further actions will not matter - the court will refuse to satisfy your claim. This is due to the fact that the amount of payments under compulsory motor liability insurance takes into account the wear and tear of parts.

Independent examination

Experts will conduct a second inspection and draw up an inspection report. The most accurate data will be obtained if the car was not repaired after the accident. If, due to various circumstances, you had to restore the vehicle at your own expense, then all receipts and calculations must be kept and attached to the case. It would also help to take photographs from different angles, which will show traces of the collision.

Then, based on the results of both examinations, the actual damage and the amount that is necessary to completely restore the car will be determined.

Pre-trial claim

A pre-trial claim is drawn up in order to recover the missing funds from the insurance company. This is a kind of warning - either you pay extra for good and we part ways, or we will have to sue you.

The claim is drawn up according to the approved template, which can be downloaded on the Internet.

You can also contact an auto lawyer, who will draw up everything correctly: he will outline your requirements, attach all the required documents (an independent expert report, receipts from a service station, a copy of the insurance policy).

You also need to indicate the amount you want to receive.

Statement of claim to court

If there is no response to the claim from the insurance company within 10 days, file a lawsuit. Moreover, depending on the amount recovered, the claim must be filed either:

• justices of the peace (up to 50 thousand);
• district court.

From the documents you will need:

• all documents for the vehicle;
• identification documents;
• copies of the inspection report and the insured event;
• results of re-examination;
• your requirements on a separate sheet.

How much should I demand from the insurance company?

The amount of the claim is quite simple to calculate: indicate how much the repairs, independent examination, contacting lawyers, and postage cost you. Subtract the payment from the insurance company from the amount received. In addition, an experienced lawyer will help you “bring down” compensation for moral damages from the insurance company, which can amount to up to 50% of the amount of unpaid funds.

So, if the insurance company under compulsory motor liability insurance pays an underestimated amount of compensation to the victim of an accident, it is necessary to start collecting documents and do a re-examination for further filing with the court. In practice, a lot of such situations happen, and they can and should be dealt with.

We recommend watching this video:

The insurance company paid little under compulsory motor liability insurance - what to do?

Due to an incorrect assessment of damage after an accident, the injured participant may not receive enough monetary compensation from the insurer. If the insurer paid little under compulsory motor liability insurance, then steps should be taken to fully compensate for the damage. In accordance with the law, the insurer is obliged to fully pay for car repairs after an accident, because the person at fault in the accident has insured his motor third party liability to other drivers.

Why doesn't the insurance company pay extra?

Injured participants in road accidents are increasingly turning to the courts due to the small amount of insurance coverage. The money paid is not enough to carry out restoration work for the car. This situation is explained by the fact that the insurance business is becoming unprofitable. The number of cars and people with insufficient driving experience is constantly increasing. This is a consequence of an increase in the number of emergency situations.

Legitimate reasons for understating payments under compulsory motor liability insurance

A reduction in the amount of insurance coverage may also be for legal reasons:

1. Insurance compensation is not subject to the victim's expenses for painting and varnish work if the part was subject to through corrosion or the area requiring paint coverage was more than 25% before the accident.
2. If there are heavily worn parts. If the inspection determines that the parts of the car are worn out, the insurance company will reimburse half of their cost.
3. Insurers calculate the amount of insurance coverage without taking into account loss of marketable value. By law, the insurance company is obliged to pay the insurance premium. But many drivers have to go to court to get money.

What not to do if you want to get paid

To receive the amount of insurance coverage, the injured participant in an accident should not deviate from the standards established by the laws that determine the procedure. There are situations when a participant in an incident needs a car. The citizen records the damage on photo and video media and carries out restoration work at his own expense.

Next, the victim sends the materials to the insurance company to receive compensation and operates the repaired car. The insurer may greatly underestimate the amount of payment under compulsory motor liability insurance or refuse it altogether. This is explained by a violation of the rules of action for obtaining insurance compensation after an accident.

The victim should not begin repairing the car until the vehicle has been inspected by an insurance representative and an agreement on the amount of insurance coverage has been signed.

If the participant in the accident does not agree with it, then it is recommended to conduct an independent assessment of the damage. Therefore, you should not repair your car prematurely.

How to understand if payments have been underestimated

To determine that the insurance company paid less, you must:

• conduct a second independent examination of transport damage;
• receive documentation with recalculation of the insurer's estimate;
• obtain a certificate of re-inspection of the car.

If the discrepancy between the initial and re-examination is 10 percent or less, then the court does not take into account the re-examination. Such a discrepancy is an acceptable error in the expert assessment.

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

If the injured party is not satisfied with the amount of insurance coverage or the insurance company delays payments, then the following is recommended:

• independently draw up a claim to a judicial authority for damages;
• contact traffic lawyers, which will increase the chances of successful completion of legal proceedings.

Registration of an accident: what to do so that the insurance company does not pay less

To ensure that the insurer does not have the opportunity to reduce the amount of insurance coverage, the following must be done:

1. To fill out a report, you need to call the traffic police and inform the employee about the incident.
2. Send an application to the insurer to transfer the amount of insurance coverage. You will need to attach a package of documentation to it.
3. Next, the insurance company initiates an inspection of the car damaged in the accident.
4. Based on the results of the inspection, a decision is made on the amount of insurance coverage. The applicant may also be denied the transfer of money.

Registration of road accidents according to the European Protocol

The Europrotocol is a simplified process for registering a car collision. It does not provide for the presence of traffic police officers. To draw it up, a number of conditions will need to be met:

• the collision involves 2 cars, no more;
• citizens should not suffer;
• the injured vehicle suffered damage in the amount of no more than 100 thousand rubles. (from October 2019 - no more than 400 thousand rubles throughout the Russian Federation);
• Every person involved in an accident must have a vehicle license;
• citizens involved in the accident must not have any disagreements (from 10.2019 this condition will no longer be relevant).

Registration of an accident with a call to traffic police officers

If the circumstances of the accident require the presence of traffic police officers, then the procedure is as follows:

1. If citizens are injured, they must be given first aid, after which an ambulance is called.
2. Next you need to call the traffic police.
3. Before officers arrive, the circumstances of the collision should be captured on photo and video media. You should record the car, their license plates, and damage. It is also necessary to capture the area where the accident occurred. If a vehicle interferes with the passage of other cars, it should be moved.
4. By the time the traffic police arrive, traces of the incident must remain. We need to keep an eye on this.
5. We need to find witnesses to the collision, write down their names and mobile numbers. There is no point in delaying this, as they may leave the scene of the collision.
6. Wait for the traffic police.

Conducting an independent examination

It is not recommended for the driver to initiate an independent inspection before an expert assessment is carried out by the insurer. Its results will not be taken into account by the insurance company. The right to conduct an independent examination arises in the following cases:

• if the vehicle inspection is delayed for more than 5 days from the date of receipt of documentation from the injured citizen;
• if after inspection and payment of the amount of insurance coverage, the victim is not satisfied with the compensation.

In the latter case, it is recommended to notify the insurance company of an independent examination.

How to choose the right independent expert

To conduct an independent expert assessment, a citizen must contact legal entities specializing in providing such services:

• the business entity must be registered in the Unified State Register of Legal Entities and have a certificate for conducting a vehicle examination;
• an expert technician working in such an organization must be accredited.

If the car is inspected by a person who does not meet the above requirements, the court will not accept the expert’s opinion.

Pre-trial actions

Before going to court with a claim, it is recommended to follow the pre-trial procedure for resolving the dispute. If the insurance company does not respond to the claim letter, then a claim should be filed in court.

Insurer notification

The letter of claim is written in 2 copies. One is handed over to the insurance company, and on the other, an authorized employee puts a mark of acceptance. The letter is sent to the insurer in one of the following ways:

• the citizen submits the documentation in person;
• by post with a list of attachments and a receipt note.

How to write a complaint

The claim letter must contain the following information:

• information about the injured person and the insurer;
• accident situation;
• account details for depositing money.

Sample claim

You can see an example of writing a claim letter on this page. When composing the text of the letter, you should adhere to the provided sample.

Additional complaints to RSA and FSSN

It is recommended that you contact these departments so that they can arrange an inspection against the insurance company. This can be done as follows:

• To familiarize yourself with the procedure for applying to RSA, it is recommended to follow the link https://www.autoins.ru/ob-rsa/obratitsya-v-rsa/;
• You can write to the FSSN at the email address [email protected] .

Going to court: does it make sense?

Insurers often do not respond to citizens' letters of claim. In this case, it is recommended to defend your rights in court. It is worth filing a claim because, in addition to compensation for the underpaid amount, you can receive from the insurance company:

• for underestimating the amount of insurance coverage, you should demand an amount that is not enough to fully compensate for the damage;
• for moral damage caused - 10 thousand rubles;
• For failure to pay, a penalty of 1% is charged for each day of delay.

What documents will be required for the court?

To apply to the court, a citizen injured in a collision should prepare the following documentation:

• a copy of the accident notice;
• a copy of the protocol on the commission of an administrative violation;
• if available, a copy of the decision on the administrative violation;
• if the victim is represented by another person, then a notarized power of attorney should be attached;
• certificate of independent inspection of the vehicle;
• checks, receipts, contracts confirming the costs incurred by the policyholder;
• receipts confirming the transfer of compensation by the insurer.

Which court should I go to regarding underpayment from the insurer?

If the insurance company has calculated a small amount of insurance coverage, then you should contact:

• to the magistrate's court at the location of the insurer's branch (if the amount of insurance coverage does not reach 500 minimum wages);
• to the district court if the material damage exceeds 500 minimum wages.

Who to trust to run the business

If a citizen is sure that the insurance company has underpaid, then it is recommended to hire a specialist, since the costs are paid by the losing party. You can contact:

1. Judicial representative. They do not take advance payments, the average remuneration is 10-15 thousand rubles.
2. A car lawyer if you have a complex trial ahead.
3. Case buyers. They pay citizens money in exchange for a power of attorney, allowing them to participate in legal proceedings instead of the victim. In this case, the calculated amount of insurance compensation will go to them.

How to file a claim

The claim contains the following information:

• name of the court;
• Full names and addresses of the parties;
• a description of the situation, as well as the reasons that led to the application for judicial protection;
• references to laws confirming the plaintiff’s case;
• a list of documentation attached to the claim;
• The document ends with the date of preparation and the signature of the applicant.

Sample statement of claim

A properly drafted claim will increase the chances of your claims being satisfied by the court. A sample claim can be found here.

On the basis of what laws are court decisions on non-payment under compulsory motor liability insurance made?

A judge may deny insurance compensation under the following laws:

• Federal Law of the Russian Federation No. 40 “On OSAGO”;
• Civil Code of the Russian Federation, Federal Law No. 51;
• Federal Law of the Russian Federation No. 2300-1;
• Civil Procedure Code of the Russian Federation, Federal Law of the Russian Federation No. 138;
• Motor vehicle rules, PS No. 263.

How to calculate the amount to file a claim in court

If you disagree with the amount of insurance coverage, when writing a claim, you should take into account the following indicators:

• vehicle repair costs;
• the price of additional expert assessment;
• costs of sending mail;
• loss of market value of the vehicle;
• a penalty equal to half the amount of the satisfied claim (transferred to the injured person);
• moral damage and other costs incurred by the citizen.

Statutory payment limits

This year, the following insurance coverage limits for compulsory motor third party liability insurance are used:

• for damage to a car - up to 400 thousand rubles;
• for damage to the life and health of citizens - up to 500 thousand rubles;
• when registering the Europrotocol – up to 100 thousand rubles;
• in the event of the death of a citizen, up to 475 thousand rubles are paid to close relatives;
• for the burial of the deceased - up to 50 thousand rubles.

How to obtain the necessary documents

If, after an expert assessment, it was not possible to obtain documentation, then the insurer must send a written request to provide the following documents:

• vehicle inspection report;
• act on the insurance situation;
• expert opinions.

The petition must indicate that, in accordance with clauses 4.23 and 3.11 of the “Rules on Compulsory Motor Liability Insurance”, the policyholder can receive the above-mentioned papers. You must provide address information for sending documents.

Conclusion

After a collision, the injured person must follow the rules established by law. In this case, if the insurance company paid little money under compulsory motor liability insurance, you can receive full compensation. To do this, a citizen just needs to prepare a package of documentation and go to court.