Total loss of OSAGO car

Total loss of the car and payments under CASCO and OSAGO

Total loss of a car is an insured event in which the cost of repairs exceeds the value of the car itself. It is also called "total", or total loss of the car. At first glance, everything seems quite logical, because there is no point in repairing the car anyway. In fact, the status of a total loss of a car is used by some insurance companies to underestimate the amount of payments to the victim.

Honest specialists have analyzed the practice in such situations and tell you how to act if your insurance company proposes to recognize the insured event as a total loss of the car.

Definition of the term car death

To define the concept of total loss of a car, you need to decide what type of insurance we are talking about. In essence, this is a condition that an insurance company uses to exclude payments in an amount exceeding the price of car insurance. To put it simply, it is a situation where repair costs are higher than the market price of the vehicle before the accident.

What is meant by the death of a vehicle?

There are several situations after which insurers can recognize the total loss of a car. The most common ones are:

Serious damage that the car received during a traffic accident;
Car drowning;
Theft of a car and its subsequent sale for spare parts.

There are circumstances in which insurance companies will not accept the total:

The car was damaged as a result of a natural disaster;
Received damage due to street demonstrations or other force majeure.

If you are planning to use voluntary insurance and buy a CASCO policy, be sure to study the list of events to which it does not apply. It is worth understanding that it is not profitable for an insurance company to make a large payment, no matter in the case of CASCO or OSAGO. Therefore, if a complete refusal of payments most likely will not follow, then an underestimation of the amount of compensation has a fairly high probability.

Voluntary insurance

If we consider the situation of total loss of a car in a situation where you plan to collect funds under CASCO, then the definitions of damage are regulated by the rules of the insurance organization. You will have to carefully study the contract with the insurance company.

In fact, the market has accepted the condition that a total loss of a car is a situation when repairs exceed 65-80% of the cost of the car. For example: the market price of a car is 1 million rubles, and the cost of repairs exceeds 600 thousand. The insurance company will try to recognize the total and will have to fight for CASCO payments if the car is lost.

There are known situations when the insurance company did not reflect in the contract with the car owner the percentage value for recognition of the total. Such companies tried to recognize the total when the repair amount reached 50% of the total cost of the car. In such situations, it was necessary to appeal the decision of the insurance company in court, based on the recognition indicators under compulsory motor liability insurance.

Compulsory insurance

The total loss of a car when trying to recover damages under compulsory motor liability insurance is taken into account a little differently. There are two criteria by which the total is recognized:

The repair amount is more than 80% of the market value of the car on the day of the accident
The amount of repairs is greater than the price of the car on the day of the accident

It is necessary to clarify - you can count on compensation for the cost of restoring the vehicle in the amount of up to 400 thousand rubles. But at the same time, parts suitable for work are taken into account - leftovers. The calculation is carried out according to a special formula.

If you need details, call Honest, consultants will help you understand your specific situation.

What to do if your car is lost

The algorithm of actions for payment in case of total loss of a car is standard for both CASCO and MTPL. With minor differences. It usually looks like this:

You collect the necessary documents, write an application.
Contact the insurance company and submit the car for evaluation.
The assessment is carried out either by the insurance company itself, or the organization hires experts.
The amount of compensation is announced.
You either sign the agreement or prove that the amount should be different.

The agreement will specify whether the owner will retain the vehicle or whether it will be turned over to the insurance company.

How are payments calculated?

Before calculating the potential payments that are due to you in the event of a total loss of your car, it is worth reviewing your contract with the insurance company. If in the situation with compulsory motor liability insurance many things are regulated by law, then with CASCO insurance the insurance company has more freedom in action.

There are several calculation options:

If you decide to abandon the vehicle, you will be paid the full cost of the insurance minus depreciation. There are subtleties in the details - each insurance company has its own rules for applying wear and tear standards. And the calculation will not always be made in favor of the car owner.
You decide to keep the car. In such a situation, the payment under CASCO in case of total is determined according to the wear rates and the cost of the car parts suitable for further use. Just like in the first case, a rather complex procedure is used.

Insurance companies often order calculations from expert companies. Unfortunately, companies bound by contracts with insurers often make calculations that are completely biased - this opinion is confirmed in judicial practice. Basically, prices for residual parts in the car are inflated.

We recommend contacting an expert bureau for an independent calculation in order to understand the real amount of damage and be able to reasonably discuss the cost of compensation with the insurance company. Honest is a company not bound by contracts with insurance organizations, which means that the calculation will be independent and objective.

The decision on payment under CASCO may take quite a long time. The exact terms are indicated in the contract that you sign when purchasing the policy. It also often happens that you receive the amount in two payments - the first a maximum of two weeks after contacting the insurance company, the second later.

It should also be taken into account that if the amount of damage approaches the value at which it is possible to establish the status of a complete loss of the car, then insurance companies try in every possible way to inflate it. In this way they try to find benefits for themselves. If you are faced with such actions by an insurance company, do not hesitate - contact experienced lawyers, otherwise you risk being left without your money.

Payments for total loss of a car under compulsory motor liability insurance are distinguished by more precise deadlines and legislative regulation. If in the case of CASCO the company can take quite a long time to make a decision, then with OSAGO there are 20 days before the mandatory payment.

In addition, in the case of compulsory motor liability insurance, there is a difference in the interpretation of the law by some insurance companies. Thus, the legislation has established that in the event of damage to the car owner’s property, the amount of insurance is determined by the actual value of the car on the date of the incident. We are not talking about any wear and tear standards.

Insurance companies often disagree with this and try to justify their position with references to other legislative acts and the civil code. But in fact, the insurance company has no such grounds.

If you do not agree with the insurance company’s position on compulsory motor liability insurance, it is better to order an examination from an independent company. In particular, you can try to confirm that there is no reason to recognize the total loss of the car. Or try to challenge the assessment of the value of the remaining car.

Abuses by insurers

The insurance company would rather admit a complete loss of the car than try to pay for expensive repairs. Especially in a situation where this money cannot be returned. The main ways insurers pay less:

If the damage to the car is close to the standard total, then the insurance company will try to recognize the total loss of the car;
The insurance company will try to inflate the amount of the balance if the owner decides to take the car for himself.

There are cases when the amount of balances was artificially inflated. For example, they were put up for auction and auctions were held with an obvious overstatement of the amount. In reality, serviceable parts would be impossible to sell for that amount. It is possible to prove the real value of the balances only with the help of an independent examination.

How to deal with an unscrupulous insurance company

If you are sure that your insurance company is trying to underestimate the amount of payment using the status of a total loss of the car, then you can try to achieve the truth and the real amount of compensation. There are several steps that you can go through on your own or with the help of professional lawyers.

Independent examination

First of all, you need a way to argue your position. It is not enough to simply voice your opinion - in legal processes evidence is required. To do this, you need to conduct an independent auto examination.

With the help of experts, you will clarify the real amount of damage, receive a conclusion in your hands, which will indicate the cost of damage, which can be used in a dialogue with representatives of the insurance company. Practice shows that having an expert report with damage calculations in your hands changes the position of insurers and they offer a peaceful solution to the conflict.

If the manager of the insurance company stands his ground and claims that their position is legitimate, it is worth preparing a pre-trial claim. If you had your car inspected in Honest and are trying to get paid under CASCO under “total”, then we can give you a pre-trial claim form and help you fill it out.

The pre-trial claim must be submitted either in person or via mail. If you submit a claim yourself, print it out in duplicate and ask the insurance company manager to stamp receipt with a date and signature on your document. If he refuses, send it by registered mail. This way you can prove that you tried to resolve the matter peacefully.

Is there no answer to the pre-trial claim or is it negative? You can try to resolve the matter through court. Contact Honest - we have extensive experience in protecting clients in case of problems with compulsory motor liability insurance and CASCO insurance. We will be able to analyze your situation, clarify the details and suggest the likelihood of winning in court. If required, we will help you file a claim. We can support you throughout the entire process.

Don't worry about the costs. Honest specialists are seeking recognition of their services for legal costs. This means that the costs of lawyers and expertise will be compensated by the defendant in the case - in our situation with a requirement to pay under CASCO in case of total loss of the car, this is the insurance company.

How Honest can help

Situations with recognition of the complete loss of a car are quite difficult from the point of view of protecting one’s rights in court. Insurance companies use the subtleties of the law, point out individual clauses of the contract and offer their calculations based on expert data.

Honest's lawyers will help you draw up a pre-trial claim and, if necessary, a lawsuit, analyze the specifics of your situation and recommend a truly beneficial solution. They will also tell you what is the best thing to do - leave the car to the insurance company or take it for yourself, trying to sell the details.

An examination of the entire car or its remains can be carried out at any convenient car service center. For example, at our base in Mytishchi - in the “Rikhtochka” service.

To order an independent examination or get expert advice, call Honesta experts. They will understand your situation and offer the most effective solution.

Total loss of a car under compulsory motor liability insurance: what is it, in what cases is it recognized, how is it calculated?

Civil liability insurance using a compulsory motor liability insurance policy provides for the obligation of insurance companies to pay damages to policyholders in the event of an insured event. The complete loss of a car, or, as it is often called, “total,” is one of these cases.

Total loss of a car is a situation in which it is not possible to repair the car or the repair will cost more than the market value of the car.

When is a car declared a total loss?

Complete, or constructive, loss of a car is recognized in cases where it is not possible to repair the damaged vehicle or the cost of such repairs is equal to or exceeds the market value of the car at the time of the accident (eighteenth paragraph of Article 12 of Federal Law No. 40 of April 25, 2002). It should be noted that most expert assessment systems of insurance companies recognize the total loss of a car even at 80% of the cost of repairs from the price of the car.

Calculation of payments upon the occurrence of total loss

Damage in the event of a complete loss of a car is defined as the value of the vehicle at the time of the insured event (that is, taking into account wear and tear at the time of the accident) minus the cost of the remaining usable parts (clause No. 4.12 of Bank of Russia Order No. 431-P dated September 19, 2014).

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The cost of property at the time of an insured event is the average price for such vehicles (market offers for the same brands, models, configurations, mileage, etc. are compared) on the secondary car market, which is calculated by insurance company specialists taking into account special coefficients.

According to clause 5.5 of Bank of Russia Regulation No. 432-P dated September 19, 2014 “On a unified method for determining the amount of costs for restoration repairs in relation to a damaged vehicle,” the formula is used for calculations:

C is the cost of the car before the accident;
KZ is a coefficient that reflects the costs of work (disassembly, storage, etc.);
KV - coefficient that reflects the period of use of the car before the insured event, as well as the average market demand for the remaining usable parts;
KOP is a coefficient that reflects the degree of damage to the car;
Ci is the percentage ratio of the cost of usable parts after an accident to the cost of the car before it;
n is the number of remaining intact parts of the car.

A detailed description of the calculations is contained in paragraphs 5.6-5.9 of the above Regulations.

Useful residues after an accident

Useful parts, or remnants, are parts of the car that can be reused or sold.

There are no uniform rules for establishing the value of usable remains, which gives rise to controversial situations between the policyholder and the insurer. For obvious reasons, it is more profitable for insurance companies to inflate the cost of useful balances in order to reduce the insurance payment.

In accordance with clause 5.1 of Bank of Russia Regulation No. 432-P dated September 19, 2014, valid balances must meet the following requirements:

must not contain damage that affects performance and presentation;
there should be no design changes or parameters on the parts that were not originally provided by the manufacturer;
There should be no traces of previous repairs on the parts.

Example: two cars were involved in an accident, one of them was damaged for 650,000 rubles, but the market value of this car, taking into account wear and tear, was 600,000 rubles. The cost of usable residues is 150,000 rubles, respectively, the amount of damage is 450,000 rubles (600,000 - 150,000). However, compensation under compulsory motor liability insurance will be only 400,000 rubles (Article No. 7 of Federal Law No. 40 of April 25, 2002), since this is the maximum amount for this type of insurance. The victim can demand the remaining 50,000 rubles directly from the person responsible for the accident in court.

How to apply for payment in case of total loss of a car

Since the car will be declared completely lost only as a result of an inspection by the insurance company, the algorithm of actions in this case does not differ from a standard road accident. You should contact the insurance company with an application, bringing with you the following documents:

personal passport;
PTS;
certificate of accident;
protocol on administrative or criminal offense;
OSAGO policy;
bank details where the funds will be transferred.

After this, the insurance company carries out all the necessary examinations and makes its decision. The policyholder can agree to this decision by signing the agreement, or they can prove that the amount is incorrect.

What to do if a controversial issue arises with the insurance company

The policyholder may have the following controversial situations with the insurance company:

The Investigative Committee does not want to recognize the vehicle as dead;
The Investigative Committee admitted the complete loss of the car, although this is not true (this happens much more often);
Insurance company underestimates insurance payments;
SK overestimates the cost of usable residues.

First of all, the policyholder who does not agree with the decision and calculations of the insurance company must carry out an independent examination (if the policyholder does not agree with the calculations for the usable balances, then two examinations are done).

The next step is to send a pre-trial claim to the insurance company, to which the following documents should be attached:

copy of personal passport;
copy of PTS;
copy of the MTPL policy;
results of independent examinations (should be done in triplicate);
Bank details.

And if the conflict cannot be resolved amicably, then the policyholder has the right to file a claim in court. The following documents must be attached to the paper:

copy of personal passport;
copy of PTS and STS;
copy of the MTPL policy;
certificate of accident;
protocol on administrative or criminal offense;
results of independent examinations;
Bank details.

Or ask a question to a lawyer on the website. It's fast and free!

What is total loss of a car under compulsory motor liability insurance?

After an accident, not surprisingly, the cars are left in a very damaged condition. The insurance company can determine the total loss of the car under compulsory motor liability insurance (otherwise known as total) with damage ranging from 65 to 80%. According to OSAGO, a car is considered “lost” if the cost of repairs is equal to or greater than the price of the vehicle at the time of the insured event.

For example, before the accident, your car (taking into account the fact that it was in use) cost 300 thousand rubles. Repairing it after an accident will require 350 thousand rubles. This means that we can assume that the car cannot be restored, this is its complete destruction. In this case, the insurance company will pay you the value of the car before the accident, reduced by the price of the spare parts remaining suitable for further use. That is, if suitable spare parts cost 30 thousand rubles, then you will receive 300 thousand - 30 thousand rubles. = 270 thousand rubles. It turns out that it is in the interests of the insurance company to significantly reduce the insurance amount; for this they inflate the cost of the remaining spare parts.

Another way to solve the problem is to transfer the lost car to the insurance company and receive the full insurance amount. When it comes to an expensive car, the situation is different. The full insurance amount for compulsory motor liability insurance is 400 thousand rubles. (for all). In this case, if the car cost 900 thousand rubles, its repair after an accident will cost 930 thousand rubles, and the price of suitable spare parts is 300 thousand rubles (900,000 - 300,000 = 600,000), then the insurance company will, at best, pay only 400 thousand roubles. instead of the expected 600 thousand, and the remaining amount will have to be recovered from the culprit of the accident through the court.

Important : after a fire there are practically no usable spare parts left; the insurance company pays the insured amount in full at the cost of the car at the time of the insured event.

Total loss of the car under compulsory motor liability insurance

Methods for recognizing the death of a car are regulated using the Unified Methodology approved by the Bank of the Russian Federation. A conclusion about the loss of a vehicle can be issued by an expert technician who assesses the amount of damage to property and signs the expert report. He works in the interests of the insurance company, so his conclusions may not entirely correspond to reality.

If the owner does not agree with the decision to completely destroy his car, then he has the right:

provide evidence to the court about the real possibility of restoring the car;
conduct an independent expert assessment, and, if the experts’ conclusions do not coincide, demand compensation for the difference in assessments through the court;
in the event of a complete loss of the car, demand an accurate market valuation of the remaining usable spare parts;
Having an agreement with OSAGO in hand, it is better to renounce the property rights to your car in favor of the insurer.

Complete technical loss of a car occurs if its repair without taking into account wear and tear is more expensive than or equal to its market price at the time of the emergency. The market value of a new car is easy to determine - receipts and contracts will serve as evidence. The cost of repairing an old vehicle will probably exceed its market price at the time of the accident, and suitable spare parts, taking into account their wear and tear, do not have a high value at all. The interests of the insurer in this option lie in significantly understating the market price of the car.

How is compulsory motor liability insurance paid if the car is completely lost?

According to the rules approved by the legislation of the Russian Federation, the amount of insurance payments for a lost car must correspond to the full cost of the vehicle at the time of the situation. No deductions are provided from this amount, however, insurers try by all means to underestimate the amount of payments to the policyholder. That is why an independent examination is necessary.

Note: in many cases, the client receives an amount that will not be enough to repay the debt on the car loan. The insurer then receives a car that it can restore and sell.

Payment of insurance compensation depends on the decision of the policyholder. It has two different solutions:

Receive the full insured amount by placing your lost car at the disposal of the insurer.
Receive the insured amount minus the depreciation of the car and the price of suitable spare parts, leaving the damaged car in your property.

The maximum amount of insurance compensation is 400 thousand rubles, and this amount does not include the wear and tear of the car or the cost of its repair. The policyholder can give his wrecked car to the insurer without his approval. According to the new law on compulsory motor liability insurance, insurance compensation can be replaced by car repairs, during which the company saves by using used parts. This is illegal and can only happen with the written permission of the victim.

Repairing a car after an accident requires the purchase of spare parts and consumables, as well as payment for the services of mechanics, a tow truck, and for storing the vehicle until it is inspected and examined. The price of consumables and paint coatings is also taken into account. Sometimes an expert recognizes the damage as not related to a given accident, so the cost of this part is not included in the insured amount. If a person was injured in an accident, moral damages may also be recovered.

Manufacturers set standards for all work carried out in car service centers, calculated in standard hours. The cost of work is determined by multiplying the cost of a standard hour by the time of a standard operation. This way you can calculate how much mechanic services will cost.

To receive the full amount of damage under the insurance policy, you must write a statement and hand it personally to the insurer. Make a copy of this statement. On it, the company employee must put a note indicating the date of receipt of the application and put his signature.

When is it profitable for an insurer to recognize a constructive loss of a vehicle?

Due to the significant number of foreign cars on our roads, prices for spare parts for them have increased, and, accordingly, losses in an emergency situation have increased. Depending on their interests, insurance companies increase or decrease the cost of spare parts and repairs in order to create a semblance of car destruction. For example, it is beneficial for the insurer to recognize an almost new car with minor damage as lost, because in this case the client can refuse the car in favor of the insurance company, thanks to which they significantly underestimate insurance payments. The lack of approved methods for calculating the value of a car in a pre-accident condition and the possibility of accurately calculating the value of remaining usable spare parts plays into the hands of insurance companies.

If you are sure that the insurance company is deliberately underestimating the amount of money paid, then you should contact experienced lawyers who will tell you what to do in this situation. A prerequisite will be the involvement of independent experts in resolving this controversial issue.

It is especially beneficial for insurance companies to recognize the constructive loss of almost new cars. Spare parts for them are very expensive, and payments are made according to the following scheme: market value minus the cost of suitable spare parts. The only exception may be completely new cars, for the purchase of which there are receipts and contracts.

All actions of the insurance company have certain regulations. The insurer may significantly delay the moment of the final decision, citing additional examinations or delaying the work of the car service to clarify the diagnosis of damage. The insurance company may offer to conclude additional agreements on the sale of a salvage car to third parties, but you cannot agree to this, since you will have nothing to show in court - you yourself agreed!

If there are any usable car parts left

Useful car parts after an accident are spare parts and assemblies that you can use to repair another similar car or sell. As already mentioned, the policyholder has the right to completely refuse them in favor of the insurer, or to keep them for himself. Insurers try in various ways to inflate the value of these balances in order to significantly reduce the amount of insurance payments. All possible methods are used:

selling the remaining spare parts through an auction, where a figurehead specifically increases the cost of each lot;
recognizes as suitable those units that cannot be restored;
sets obviously inflated prices for the remaining parts and components.

Insurance compensation is significantly reduced and you will no longer be able to purchase a similar car. To avoid getting into such a situation, you should contact a specialist - an expert who will determine the suitability of each part, unit and assembly, as well as their market value at the time of the accident.

As a last resort, you can sell the remainder of your car yourself. Resellers buy damaged cars well. Another way out of the situation is to use the salvage vehicle as a donor for another similar vehicle.

Useful video

Below you can see more about the car's restoration.

Conclusion

A car after an accident requires a thorough inspection by an independent expert. If your vehicle is deemed unrepairable (or a total loss), you are entitled to full compensation for its value at the time of the accident. When signing the contract, pay special attention to whether the percentage of damage at which the car is considered lost is not underestimated. Carefully study all clauses of the contract, especially those related to possible payments. If there is anything you don't understand, ask for clarification.

If your car can be repaired for 30-50% of its cost, it makes sense to get the cost of the remaining parts under the MTPL policy. The calculation of the amount of the insured's losses is not approved by law.
It is in the interests of the insurer to minimize payments for compensation for its damage. To do this, they use all available methods. Be prepared to make a serious decision - whether to give your vehicle to the insurance company or not, the amount of payments due to you also depends on this.

Court cases on such issues are resolved quickly and mainly in favor of the policyholder. In this case, the insurer pays all legal costs and the amount of payments assigned by the court under the policy.

Calculation of the total for compulsory motor liability insurance according to the new rules

The occurrence of an insured event obliges the company to pay the insured person the cost of the MTPL premium. One of such cases is the complete loss of a vehicle in an accident, that is, the destruction of the engine by more than 70%. In such a situation, the car cannot be restored.

The fact of recognition of the total loss of the car is the basis for calculating the total under OSAGO.

What it is?

Total under compulsory motor liability insurance is the fact of recognition of the complete loss of the vehicle. An insured event occurs when the car is damaged, as a result of which the vehicle cannot be restored or the cost of repair exceeds the market value of the new car.

To recognize the total under MTPL, an independent examination is carried out, which establishes the damage to the car as a percentage. According to Federal Law No. 40, a car can be destroyed by 50%, 65%, 75%, etc. This indicator affects the cost of the insurance premium. Thus, insurers are authorized to independently set the percentage of car loss to recognize total destruction. Typically the ratio does not exceed 65%.

How is the OSAGO total calculated according to the new rules?

In a situation where repairs are not economically profitable, that is, significantly exceed the cost of the mechanism itself, the insurance company is obliged to reimburse the insurer for the market value of the vehicle. The current price of a car is determined by the following indicators:

region of residence;
average market value of the brand.

The MTPL law does not provide for a reduction in the cost of a car and is determined based on the actual price of the car without taking into account wear and tear, repairs and other factors. However, depending on a particular company, the total calculations made may differ.

The maximum payment amount under compulsory motor liability insurance today is 400 thousand rubles.

The MTPL insurance contract may provide for the following types of total calculation:

Deductions from the premium for the cost of integral car mechanisms. In this case, damaged parts are transferred to the ownership of the owner;
Payment of the cost of the car at the time of the insured event with the subsequent transfer of usable remains into the ownership of the policyholder.

According to the new rules of 2018, the calculation of the total for compulsory motor liability insurance is carried out taking into account two components of car insurance: the car itself and the parts of the vehicle that are suitable after the loss. At the same time, each policyholder independently sets the lower limit for the complete destruction of the vehicle. This figure varies from 65% to 85%.

Understating the amount of payments

Understating the amount of payments in case of total loss of a car is a common procedure when an insured event occurs.

According to Federal Law No. 40, an insurance company can withhold payment under compulsory motor liability insurance for the following reasons:

carrying out depreciation and repair of the car before the accident, as a result of which the value of the car has changed;
in case of illegal recognition of the total, if the vehicle can be repaired;
when the value of usable residues is overestimated;
when underestimating the cost of repair work in order to avoid recognition of total loss.

In each individual case, the policyholder has the right to conduct an independent examination and demand payment of the insurance premium in court.

Going to court

Mutual settlements with insurance companies often give rise to controversial situations that can only be resolved in the courts. Thus, if the insurance company refuses to pay compensation for damage to the vehicle, the owner can seek compensation in court. To do this, a citizen must file a claim with the district court at the location of the main office of the insurance company.

The basis for going to court is an unjustified refusal to pay compensation for the total loss of property or disagreement with the amount of the accrued premium. Also, the reasons for filing a claim may be: violation of deadlines for payment of insurance, refusal to accept or transfer valid remains of a vehicle, etc.

The statement of claim for total compensation under OSAGO contains the following:

Full name of the plaintiff, defendant and expert institution as a third party;
Brief description of the circumstances of the accident;
Results of independent examination;
Fact of violation of the rights of the policyholder (link to a legislative act);
Statement of requirements.

The claim must be accompanied by a document confirming the examination, a written refusal from the insurer to reimburse the insurance premium, an insurance contract, a compulsory motor liability insurance policy, a certificate of an accident, as well as an identity card.

Disputes with insurance companies occupy a significant share among common civil cases of legal proceedings. As a rule, bailiffs side with insurers. However, to successfully obtain compensation under compulsory motor liability insurance, it is recommended to use the services of professionals.

Total according to MTPL. How to determine complete loss?

What to do if, as a result of an accident, the car is completely lost (total) or the car cannot be restored (total damage)?

It’s a very unpleasant situation when, after an accident, it’s easier to list the surviving parts of the car. The insurance company also pays a reduced amount. Or even worse, when the insurer’s appraisers inflate the cost of repairs in order to classify the car as lost. Let's consider all cases.

How is insurance payment calculated for total car damage?

First, let's figure out how to understand that a car is not suitable for repair. This requires an independent examination of the cost of car restoration. That is, when the appraiser, when calculating the cost of damage, sees that the amount of restoration of the car already exceeds its market value. After which the expert prepares a report on the market value of the car at the time of the accident. And it also includes a conclusion about the usable balances.

How is the amount payable in the event of a total loss of the car calculated?

According to the law on compulsory motor liability insurance in 2019, payment is made according to the following formula:

If the amount of restoration repairs, taking into account the wear and tear of the car, exceeds its average price on the market , the car cannot be restored;
Final compensation: the market value of the car minus the usable balances ;
The motor vehicle law does not provide for the possibility for the Insurer to transfer what is left of the vehicle in order to receive full monetary compensation;
The maximum payment amount under compulsory motor liability insurance is 400 thousand rubles (including the cost of a tow truck).

What to do if the insurance company pays little according to the Total?

It is necessary to contact independent experts. We will help with this. Unlike the insurance company, we do not inflate the cost of useful balances. And we prepare a conclusion on the adequate market price of the car. Which ultimately leads to a significant increase in insurance compensation.

Moreover, we will file a claim with the insurance company free of charge. If the pre-trial settlement does not lead to a result, then we will recover money for the damage caused through the court free of charge for you, and we will take our commission from the Insurer.

Has the insurance company overestimated the amount of damages for the conclusion that the car was a total loss?

The insurer very often resorts to this technique to reduce payments to victims. This becomes possible through unspoken contractual relationships with appraisers who examine the car.

How the insurance company uses tricks to reduce:

when the size of usable balances increases and when the market value of the vehicle is underestimated;
inflating the price of repair work to recognize the car as total, that is, it could have been repaired and the amount of your payment would have been significantly higher ;
reduction in payment due to damage not related to this accident.

As a result, the car owner will not be able to even repay the car loan with the money received, let alone buy a similar used one.

If the owner does not agree with the decision to completely destroy the car

You need to contact an independent expert. Our experts will make an accurate calculation of restoration repairs and, as a rule, it does not coincide with the calculations of the insurance company.