The insurance company does not issue an inspection certificate under MTPL

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To successfully resolve the issue of receiving insurance compensation as a result of an accident, compliance with all terms of the contract is important. The driver of a vehicle damaged in an accident is obliged to provide it to the insurance company for inspection or independent examination. His fulfillment of this obligation is confirmed by the relevant act.

What to do if the insurance company does not issue an inspection certificate under MTPL

After receiving an application for a copy of the insured event report, the insurer will be obliged to issue it to you within three days.

It is drawn up after inspecting the car. It may be based on the conclusion of an examination, if one has been carried out. It is advisable in the application to refer to the provisions of the law that directly provide for this obligation of insurers.

If the insurance company, for various reasons, delays the process of issuing a certificate to you, then adhere to the following recommendations:

make a selection of all regulations that stipulate the obligations of the insurer that are not performed by it. Present it to the insurance company and ask them to explain the reason for its violation of these legal requirements;
Submit the application and all necessary documents to the insurance company using postal service. Of course, in this case she will receive them later. But on the other hand, you will have in your hands documentary evidence issued by the post office that you have fulfilled all obligations under the insurance contract.

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

What to do if the insurance company delays payment under compulsory motor liability insurance, read here.

In such circumstances, the insurer will not be able to rely on any violations committed by you. As a rule, these measures are quite sufficient for you to receive an inspection certificate.

If the insurer continues to grossly violate the terms of the contract, use the opportunity to file a claim with the judicial authorities or file a complaint with the RSA.

Let’s say that you did receive the inspection report, but you are not satisfied with the amount of the insurance amount paid, which did not cover all the actual costs of restoring the car. In this case, you should direct your efforts to proving that you are right.

You can do this in court by filing a claim for compensation for the actual amount of damage caused. Submit a petition to obtain from the defendant all the documents that he has. If necessary, the court may order an independent examination.

Application to the insurance company for the issuance of an inspection certificate under MTPL

Regardless of what type of insurance we are talking about (CASCO or OSAGO), applications for receiving an inspection report are drawn up in the same way.

Be sure to include the following:

full name of the policyholder and his details (address, contact phone numbers);
information about the insurance company (location and TIN);
describe the essence of the accident;
state your request for the documents you need.

Why do you need a vehicle inspection report after an accident?

If you have in your hands an inspection report for a vehicle damaged in an accident, this means that you have fulfilled your duties in a timely and complete manner. This circumstance deprives the insurer of the right to refer, if it fails to fulfill its obligations, to the fact that certain violations were committed on your part.

When drawing up a report on an insured event, not only the vehicle inspection report is used, but also the conclusion of an independent examination. It is important to clearly understand that these are two different documents and should not be confused.

The inspection report only confirms the fact that the policyholder has fulfilled his obligation to present the damaged car to the insurer within the prescribed period for its inspection. This document is drawn up by an employee of the insurance company.

From the opinion of an independent expert, you can find out the cost of repairs necessary to restore a damaged car.

The insurance company does not issue a vehicle inspection certificate after an accident

This document is extremely necessary for you, since in the future, in legal proceedings, the insurance company may justify its refusal by your failure to fulfill your obligation to provide the car for inspection after an accident.

Many people confuse the inspection report and the opinion of an independent expert on the cost of restoration repairs; these two concepts must be distinguished.

Is the insurance company required to issue a vehicle inspection certificate?

The insurance company is clearly obliged to issue you a vehicle inspection certificate; this obligation is provided for in clause 4.23 of the Rules for Compulsory Civil Liability Insurance of Vehicle Owners.

What to do if the insurance company refuses to issue a vehicle inspection certificate?

If the insurance company refuses to issue a vehicle inspection report, you must submit a written application for the issuance of a vehicle inspection report. You can download a sample application from the link, this application must be handed over to an employee of the organization against signature and seal, and in your application you must indicate when you provided the car for inspection.

Very often, in response to written requests, insurance companies respond that, in accordance with their internal rules, all insurance case materials are their property and are not issued at the request of the policyholder. You should know that this is not true; however, the most important thing for you as the policyholder in this case is to provide for yourself proof of fulfillment of the obligations provided for by law to provide the vehicle for inspection by the insurance company, that is, the inspection act itself does not have enormous significance. The fact of providing a car can be proven in any other way.

How to force the insurance company to issue a vehicle inspection report?

If the insurance company paid you an insurance amount less than necessary for repairs, you should not get hung up on the inspection report; in this case, you need to:

go to court
conduct an independent examination
collect money from the insurance company
As part of the legal process, you need to file a petition with the court to request the case materials held by the insurance company, including the inspection report

Sample application to the insurance company for issuance of an inspection report

By clicking on the link, you can download a sample application to the insurance company for the issuance of an inspection report. In this application, you must indicate:

Last name, first name, patronymic of the policyholder
location
contact number
name of the insurance company
address and TIN of the Insurance company
briefly state the essence of the problem
the most important thing is to clearly formulate the requirements for issuing an act

To submit a request for the issuance of a vehicle inspection report, there is no difference under which CASCO or OSAGO agreement the insurance company must make a payment; the sample application is the same here.

What to do if the insurance company does not issue an inspection certificate

According to paragraph 71 “On OSAGO”, the insurance company is obliged to issue you an inspection report no later than three days from the date the insurance company receives your written application. In addition, according to paragraph 70, integral parts of the insured event report are the inspection report and (or) the conclusion of an independent examination (assessment). If this examination was carried out, then you also have the right to receive it. The application must be submitted in writing to the insurance company. It would not be amiss to refer to the laws “On Compulsory Motor Liability Insurance”, which oblige the insurer to provide you with these documents.

If after these steps the insurance company refuses to issue you an inspection report and related actions, we recommend that you take the following steps:

Print out the relevant excerpts from the law, show this document to the insurance company and ask the insurance company to explain why it is violating your rights.
Send all documents by registered mail with notification and a detailed list of the attached documents. It will take some time to deliver the documents by mail, but this will allow you to document in the future that you have completed everything that was required of you and the insurance company will have no way to retreat.

Usually, the steps described above are enough for you to receive an inspection report and an independent expert’s opinion. Otherwise, you have the right to file a complaint with the RSA (Russian Union of Auto Insurers), as well as file a lawsuit.

The requirement to issue a vehicle inspection certificate can be downloaded here

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The insurance company does not issue an inspection certificate under MTPL

It is no secret that insurance companies (ICs) often think about their own profits rather than caring about the well-being of their clients. Therefore, there are quite a lot of cases of refusal to pay insurance compensation under MTPL in everyday practice.

But an even more common situation is when the insurance company transfers you an amount that is clearly less than the amount of your expenses for repairs, citing the fact that it does not agree with the assessment of the independent examination that you conducted yourself (albeit with the knowledge of the insurance company itself).

File a lawsuit!

In this situation, justice can only be achieved through the courts.

And to successfully prove your case, you need to submit a number of documents to the court, which can only be obtained from the Investigative Committee:

A written refusal by the insurance company to pay (full or partial) insurance compensation - this document makes it possible to initiate the legal process itself;
The insured event report, which notes the fact of inspection of the damaged car, allows us to exclude the situation when the insurance company declares that the car was not provided for inspection;
The inspection report, which records the damage to the car, makes it possible to prove only the correctness of your assessment, and not the fact of the presence of the damage itself;
The conclusion of the insurance company expert on the cost of restoration repairs - in essence, it will be contested by you.

Of course, there is no need for insurers to give you a weapon against themselves. And they do their best to prevent you from receiving these documents.

If, as a rule, it is possible to obtain a written refusal to fully pay the funds you requested and an insurance claim certificate (since insurance companies are obliged to provide them), then to obtain others - especially the last two - you will have to make a lot of effort.

What's new in the MTPL rules?

The new MTPL Rules also help insurers. In their previous version, paragraph 70 directly stated that the inspection report and the expert’s opinion are integral parts of the insured event report.

And the act itself should have been issued to you by the insurers no later than three days from the date of your written application to the Investigative Committee (clause 71).

Today, paragraphs 4.22 and 4.23 of the new edition of the Rules indicate only the obligation of insurers to issue a certificate of an insured event, but other documents are not mentioned and are in no way tied to this report. This allows insurance company employees to declare that the inspection report and expert opinion are the “property” of the insurance company, documents for internal use. And on this basis, simply not give them to you.

How to deal with this?

If the insurance company does not issue an inspection report under compulsory motor liability insurance and/or an insurance expert’s opinion upon your verbal request, you can send a written request for its/their issuance.

An official request is written in any form, but it is necessary that it contains a request for extradition and the motivation for this demand. You can, for example, refer to clause 3.11 of the OSAGO Rules, where it is written in black and white: “upon a written application from the victim, the insurer is obliged to familiarize the victim with the result of the inspection and (or) independent technical examination, independent examination (assessment).”

Send the request (keeping a copy for yourself) by registered mail with a list of attachments and receipt of receipt, or hand it over to the insurance company in person against the signature of an insurance employee confirming the receipt of the letter, certified by the seal of the insurance company. In court, this will be evidence that you tried to find out the position and motives of the Investigative Committee, but you were prevented from doing so.

In response to an official request from the Investigative Committee, in most cases the required documents are issued. But sometimes they either refuse to issue you or simply ignore your requirements.

Then you can try, having agreed with the IC expert on the time and place, to demand a re-inspection with a copy of the report being issued to you. In that case, of course, if your car has not yet been repaired.

If you managed to repair your vehicle, or you are denied a second inspection (it is also advisable to document the fact of refusal), then in court, unfortunately, you will have to do without an inspection report (and/or an expert opinion).

This reduces the chances of a positive court decision, but they still exist.

And if you need qualified assistance in protecting your legal rights, “Moscow Auto Lawyers” are always ready to provide it to you.

What to do if the insurance company does not issue documents about the accident

Receipt of insurance payments after an accident can only be carried out if the victim has all the necessary documents relating to the fact of the accident, including an inspection report of the car by the insurance company (IC) for damage received. It is on the basis of this document that the insurance amount to be paid is calculated. The policyholder has the right to know whether the calculation was carried out legally; for this he needs to see the inspection report. But it happens that some insurance companies, for some reason, do not issue the required documents to the victim. What needs to be done in such a situation, who to contact and how to fill out an application - we will consider in this article.

Legality of requirements to provide an inspection report

According to Federal Law (FZ) No. 40-FZ of April 24, 2002 “On Compulsory Motor Liability Insurance”, the victim is obliged to notify the insurance company about the accident within 5 days from the moment of the accident and submit a claim for compensation for the damage caused. Further, in accordance with Art. 12, clause 11 of Federal Law No. 40-FZ, the company must conduct an inspection or technical examination of the damaged vehicle within 5 working days from the date of receipt of the notification of the accident, unless a different period is specified in the insurance policy of the insurer.

In the Regulations of the Central Bank of the Russian Federation No. 431-P dated September 19, 2014. “On the Rules for Compulsory Civil Liability Insurance of Vehicle Owners,” as amended on January 1, 2018 (clause 3.11), it is stated: “After an inspection and (or) independent technical examination, upon a written application from the victim, the insurer is obliged to familiarize him with the results of the inspection and (or) independent technical expertise.”

Thus, at the legislative level it is determined that the results of the inspection (or examination) of the vehicle, recorded in the inspection (or examination) report, are issued to the victim only upon his written request. Therefore, the issuance of the specified act by the Investigative Committee without a written statement from the victim is a gesture of goodwill on the part of the Investigative Committee. The insurance company is not obliged to voluntarily familiarize the policyholder with the result of the inspection (examination).

Procedure for the policyholder

Knowing that the insurance company is not obliged to voluntarily provide the victim of an accident with a certificate of examination or inspection of the vehicle, the citizen needs to take a number of actions. Immediately after the accident (no later than 5 working days), it is necessary to notify the insurance company about the accident and provide a package of necessary documents, including an application for compensation for damage caused. You can read more about the required documents in another article on the Internet portal. Within 5 working days from the date of submission of the application and documents to the insurance company (by prior agreement with the insurance company), provide the damaged vehicle (or its remains) for inspection or examination (clause 3.11 of the Regulations of the Central Bank of the Russian Federation No. 431-P dated September 19, 2014 .). The inspection (examination) must be carried out by the Investigative Committee:

Immediately, if there was a preliminary agreement on the date and time of the examination of the car, which is physically possible to deliver to the place of examination;
Within 5 working days, if the vehicle cannot be physically delivered for examination due to a breakdown;
Within 10 working days, if the vehicle is located in a geographically inaccessible place.

After the specified period has expired, the victim in a traffic accident must contact the insurance company with an application, which must indicate the requirement to provide an inspection report and (or) examination of the vehicle. An application for the issuance of an inspection and (or) examination certificate does not have a legally established form. But the document must necessarily contain the following information:

Name of the insurance company where the application is submitted;
Full name of the director of the insurance company;
Applicant details:
- FULL NAME;
- passport details;
- address of permanent or temporary registration;
- MTPL policy details;
- contact number.
The essence of the application: the requirement to issue an inspection report and (or) examination of a car damaged as a result of an accident, indicating the date of the accident, state. car numbers;
Date of document preparation;
Personal signature with transcript.

The application can be written by hand or printed on a printer. The form of presentation of the requirement should be neutral, without emotional overtones, only a statement of fact. You can submit it in person or by sending an application by Russian Post with a description of the attachment and the connected option of notification of receipt of the item by the addressee. If the application is submitted in person, then it must be printed out in 2 copies, one remains in the Investigative Committee, the other, with a mark of receipt from an authorized person, is taken by the applicant.

Where to go if the Investigative Committee does not issue an examination certificate?

If the insurance company, in the presence of a written application from the victim, does not issue an inspection report (examination) of the damaged vehicle within three days (clause 23 of the Regulations of the Central Bank of the Russian Federation No. 431-P dated September 19, 2014), then the citizen has the right to file a complaint with such authorities , like the Russian Union of Auto Insurers (RUA) or the court. Before filing a complaint, you must collect the following documents:

A receipt for sending to the Investigative Committee an application for the provision of an inspection report and a notification of delivery of the postal item to the addressee, or a second copy of the request submitted to the Investigative Committee in person, with a note from the responsible person of the Investigative Committee regarding acceptance of the application;
Directly an application submitted to the Investigative Committee, requesting the issuance of an inspection report (a copy or a second copy);
Response from the Investigative Committee (if available).

Simultaneously with the listed documents, a complaint-statement is submitted to the Russian Union of Auto Insurers, and a statement of claim is submitted to the court. In a lawsuit, in addition to the demand for the issuance of an inspection report, you can indicate a demand for payment of material and moral damage, for compensation of the citizen’s legal costs incurred during the lawsuit.

Conclusion

The requirement of the vehicle insurer under compulsory motor liability insurance to issue an inspection (expertise) certificate to the insurance company is lawful only upon presentation of a written request. Otherwise, the insurance company is not obliged to provide such documents to the victim in an accident. If the insurance company refuses to submit an inspection report (examination) after submitting a written request within three days, then you can file a complaint with the RSA or the court.