Starting from April 2017, cash compensation in kind under compulsory motor liability insurance was abolished; instead, insurers undertake to make repairs to a car that has been in an accident.

The new rules apply to all MTPL insurance policies that were purchased after March 28, 2017.

Law on the priority of compensation in kind under compulsory motor liability insurance

Insurance companies suffered large losses when paying monetary compensation to compulsory motor liability insurance; this was taken advantage of by car lawyers who sought increased payments under compulsory motor liability insurance policies, as well as by fraudsters who deliberately set up their cars for collisions.

In order to eliminate all loopholes in the law and stop the vicious practice of illegally receiving money from insurance companies under compulsory motor liability insurance, the Government has developed and implemented a law on the priority of repairs over cash payments.

Federal Law No. 49 dated March 28, 2017, significant changes were made to the law on compulsory motor liability insurance:

• Legal act provides explanations in which cases the driver of the damaged car will only be able to repair the car, and when to receive monetary compensation under the MTPL policy.
• It also contains requirements for repair shops or service stations, where the insurance company will send vehicles that have been involved in an accident under compulsory motor liability insurance policies.

Watch the news story about the introduction of a car repair scheme instead of paying under compulsory motor liability insurance:

You can read other articles on this topic on our portal.

Terms and conditions

The law describes in detail the conditions for repairs under compulsory motor liability insurance at the service station (SRT) chosen by the client's insurance company:

• The owner of the damaged car can choose to transfer the car to a specific workshop, and the insurer offers several addresses of service stations accredited through it.
• If the client agrees to repair only in a certain workshop, the address of which is not on the proposed list, then the insurer has no right to refuse and should not interfere with the repair.
• However, the station itself must be located at a distance of up to 50 km from the place of residence of the driver of the car injured in the accident, or from the scene of the accident, with the exception of those circumstances when the insurer organized and paid for the evacuation of the vehicle to the location of the service station.
• Service station employees are required to within 30 days spend everything restoration work from the moment the transport arrives.
• New legislative acts on vehicle insurance under compulsory motor liability insurance, the warranty period is established after the repairs have been carried out. By general rules he makes up 6 calendar months , but for work related to the restoration of the body and its painting, he increased to a year.

But insurance companies enter into contracts not only for common motor vehicles, but also for exclusive models, spare parts for which are produced in limited quantities. Therefore, for these types of machines, the timing may be different, depending on the supply of spare parts by the manufacturer.

However, for missing the deadline established by law, liability is provided, or the station will be liable for poorly carried out repair work in rubles.

If you have any unclear points, you can ask our lawyers a question in the pop-up window. Legal advice is provided free of charge.

Car repair: pros and cons

Important! According to the new law, service station employees are required to use only new parts to restore a damaged car, so the wear and tear of the car is no longer taken into account by insurers.

Our legislators have adopted truly European experience compensation in kind insurance companies. There are a number of advantages of in-kind compensation for damage caused to a vehicle under compulsory motor liability insurance:

• The driver injured in an accident does not need to independently search for a repair shop to restore the car.
• If the car you purchased is damaged no later than 2 years, then all restoration work can be done at official dealer– funds for repairs under compulsory motor liability insurance will be transferred by the insurer.
• After the law was implemented, litigation with insurance companies over the insufficient funds allocated for repairs ceased.
• The funds are spent only on restoration and repair work; the owner does not need to pay a lawyer to defend his material interests.

But not everything is as wonderful as it might seem at first glance; natural compensation under compulsory motor liability insurance also has its downsides:

• The choice of auto repair shops is limited - in order to obtain accreditation in the RSA, to carry out repair work must meet the strict requirements of the Union.
• If the vehicle is under warranty from the manufacturer, then intervention by unauthorized persons can lead to loss of warranty repairs, which insurers often forget about.
• Since the law prohibits the use of used parts, and new units are very expensive, insurance companies are trying to save money by allocating the necessary funds to auto repair shops. Therefore, owners have to pay extra for new car components.
• In addition, all accidents are reflected in the vehicle history. Therefore, if the owner wants to sell it, this will certainly affect the market value of the car. And it will be very difficult to implement it profitably. But if there was monetary compensation, the amount received could cover part of the loss caused.

Procedure for obtaining repairs under MTPL

To send a car for repair under MTPL, the owner must follow the following algorithm:

Step 1. Send an accident notification to your insurance company.

Step 2. File a petition for in-kind compensation for damages.
Attach to the application:

• a protocol drawn up by a traffic police officer or a European protocol;
• a copy of the MTPL policy;
• the result of an independent damage assessment (ordered by the owner).

If you don’t want to spend money on an examination, then the calculation will be carried out by an employee of the insurance company, but he can significantly underestimate the actual cost of repairs.

Step 3. After this, after 5 days, a response from the insurer will be sent indicating the address of the workshop - the car should be driven there if it can be driven, or you should hire a tow truck at your own expense.

What to do if you are not satisfied with the result of your car repair?

If the car service employees sent a notice about the complete restoration of the damaged car, then the owner is simply obliged to do a full inspection of the quality of the work performed and check its performance.

Important! You can make a quality claim within six months from the date of receipt of the vehicle from the workshop!

In this case, a claim letter is sent to the insurer describing all the identified repair deficiencies; you can set out your requirements in it:

1. Elimination of the identified deficiency at the expense of the company.
2. Repeated repairs.

If the service refuses to accept a claim, this should be noted in the application.

Then the owner needs to order an examination technical condition car, and contact the insurance company again.

If there is no positive result, then send the claims to the judicial authority. For a positive court decision the driver must attach all documents related to the dispute with the car service center.

If you have any difficulties with your claim, you can seek legal support from our lawyers. Get free legal advice by submitting a request at the end of the article.

The presented video contains an expert opinion on the issue of implementing in-kind compensation under compulsory motor liability insurance within the framework of the law and highlights the main problems that most car owners face after car repairs under compulsory motor liability insurance:

When can I get money in lieu of repairs?

The law provides for cash payments under compulsory motor liability insurance in several cases:

1. In case of total loss of the vehicle in an accident.
2. If the final cost of restoration repairs is higher than the established denomination for compulsory motor insurance (more than 400 thousand rubles).
3. If the policyholder died during an accident or was seriously injured. His next of kin will receive the payments.

Despite the indignation of vehicle owners about in-kind rather than monetary compensation under compulsory motor liability insurance, insurance companies in most cases send damaged cars for repairs.

With the law coming into force, it will no longer be possible to receive decent compensation, and then save on repairs, or to repair your car poorly, posing a threat to the lives of all road users.

However, it should be understood that the law on the priority of compensation in kind does not oblige insurance companies to mandatory Send a car damaged in an accident for repairs. The insurer has the right, at its discretion, to replace repairs with insurance payment under MTPL.

Require replacement natural form compensation for damage to a monetary payment, perhaps if you can prove to the insurer that in your case it is impossible to repair the car within the framework of the MTPL law.

An example is the following situation: the insurance company of the person responsible for the accident does not have an agreement with the service station in the city of residence of the injured party, the injured party applies to its insurance company under the PPV and it pays insurance compensation. As we can see, in the situation considered, the condition of the law on the location of service stations in a zone of up to 50 km is not met.

If you want to receive money from the insurance company instead of car repairs, contact our experts for legal support by filling out a request at the end of the article.

At the end of April 2017, changes in the field of motorist liability insurance came into force. Particularly important innovations affected the procedure for compensation of damages. Now drivers who purchased a policy after April 28 will not be able to receive cash payments. Changes do not apply to contracts concluded before this date. And if they are involved in an accident, the old rules will apply.

○ The right to choose repair or payment.

The law establishes the right of a driver who is not guilty of an accident to choose the type of insurance compensation.

Clause 15 Art. 12 of the Law on Compulsory Motor Liability Insurance:

• “...insurance compensation for damage caused to a vehicle can be carried out at the choice of the victim: by organizing and paying for restoration repairs; by issuing the amount of the insurance payment to the victim at the insurer’s cash desk or transferring the amount of the insurance payment to the victim’s bank account.”

With regard to passenger vehicles of Russian citizens, which are registered in the country, a different condition applies, with some exceptions:

Art. 15.3 of the Law on Compulsory Motor Liability Insurance:

• “...insurance compensation for damage caused to a passenger car owned by a citizen and registered in Russian Federation, is carried out by organizing and (or) paying for the restoration of damaged vehicle victim (compensation for harm caused in kind).”

While most drivers still have the opportunity to choose, it is important to understand which compensation option is beneficial to the motorist and not to the insurance company. The introduction of repairs as a reimbursement option was made with great reserves for the future. The reform process in this area has not yet been completed, so it is not yet possible to talk about any serious advantages. The obvious advantages of repairs at the insurance company’s service station include:

• Eliminates the need to search for services on your own.
• There is no need to negotiate additional rubles from the insurance company (often even in court).
• After repair, all quality guarantees are provided.

Meanwhile, until this process is fully debugged, you can agree to this option if minor repairs are required. For example, if only the body or external elements are affected, and the list of service stations offered by the insurer includes worthy representatives of their profession. In other cases, repairs can result in even bigger problems.

○ Changes in 2017:

The main innovation is that monetary compensation has been replaced by repairs. In some cases, compensation will still be paid, but these are few.

✔ Rules for MTPL contracts until 04/28/2017.

Before the introduction of the changes, the opportunity to choose the type of compensation (money or repairs) was retained for all motorists who were involved in an accident and were innocent of the incident.

✔ Rules for MTPL contracts after 04/28/2017.

It has been established that everyone can choose insurance compensation, except for Russian citizens who have a car registered in the Russian Federation.

The innovations do not affect those who purchased a policy before April 28, 2017. Therefore, if they get into an accident under the old policy, they will also be able to choose the type of compensation.

✔ When the insurance company is obliged to issue a cash payment under the new law.

Payment will be made in the following cases:

• Complete loss of the car.
• Death of the victim.
• Causing serious or moderate harm to the victim.
• If the victim is disabled.
• If none of the service stations has the equipment necessary to carry out repair work.
• If the insurer cannot arrange for repairs to be carried out.
• Subject to a written agreement with the insurance company.

In all of the above situations, car repair is impossible: the insurance company must pay the car owner money.

✔ Accounting for wear of spare parts during restoration repairs.

Costs for spare parts are calculated according to the level of wear and tear. It is determined by experts when inspecting the car and preparing a report. The maximum level of wear is defined as 50%.

✔ Possibility of choosing a car service when purchasing MTPL.

After the new rules come into force, before purchasing a policy, it is recommended to study the list of services that different insurance companies work with. They are available on insurers' websites.

You should also pay attention to the quality of the work performed, reviews, and the popularity of these services among motorists.

Only after choosing a potential service station for possible repairs can you conclude an insurance contract.

○ How to arrange repairs under MTPL.

Whenever insured event The following documents must be submitted to the insurance company within 5 days:

1. Notification of an accident.
2. Certificate about road accident.
3. A resolution identifying the culprit.

The insurer accepts the driver’s application, reviews it and recognizes the case as insured. The appraiser inspects the vehicle and determines the cost of repairs.

After this, the car owner decides which service station will carry out the repairs, and the insurance company prepares an agreement. It indicates the deadlines for completing the work, the list of actions and the cost. The agreement is signed by everyone: the insurer, the car owner and the service station.

Next, the motorist is given a direction for repairs, which must be carried out within a certain time frame. Next comes the actual repair work. However, the car owner cannot control the service station workers; all issues are resolved through the insurance company.

○ Who does the repairs?

• Makes and years of production of cars that are serviced at each service station.
• Repair completion times (approximate).
• Confirmation of the service station's compliance with the requirements for organizing and carrying out repairs.

When filing an insurance claim, the insurance company must also provide the motorist with full list organizations carrying out repairs.

In addition to these service stations, a motorist can repair his car:

1. From an official dealer who cooperates with an insurance company.
2. On a service owned by an insurance company (not all insurance companies have such services).
3. At a service station chosen independently (this option is practically impossible, since it requires an agreement with the insurer).

Thus, the choice of the service station that will repair the car remains with the motorist.

Since March 22, 2017, the law on compulsory motor liability insurance has changed and has been working in a new way for a year now. What has changed in the operation of this law on compulsory motor liability insurance and what innovations await car owners in 2018? Let's try to figure it out. Let’s say right away that the law on compulsory motor liability insurance will begin to work in a new way for motorists from the very beginning of 2019, including thanks to the latest Resolution Supreme Court RF, which clarified such controversial issues as payment for wear and tear of parts during repairs by the insurer and the opportunity to receive money instead of repairs. But we will talk about this later in this article.

Repair instead of payment of funds under compulsory motor liability insurance

Replacing money with repairs at service stations is perhaps the most anticipated change in the law on compulsory motor liability insurance, which completely rewrote the entire procedure for interaction between motorists and insurance companies. Currently, the law on replacing cash insurance payment with repairs at a service station only applies to policies that were received after April 28, 2017.

So, under the new MTPL insurance, the injured driver who was involved in an accident and applied to his insurance company with a MTPL policy, after completing the documents and inspecting the car, is now given a referral to have the car repaired at a service station. Moreover, it is not the motorist himself who chooses the service station, since it is the insurance company that can limit the choice to a few (friendly) service stations when the driver issues a policy. It is clear that in this way the legislator protected insurance companies from a possible attempt by a motorist to negotiate with his friendly car service center to repair the car with a subsequent monetary “kickback” of part of the insurance payment. Friendly services will now only be provided by insurance companies!

At the end of 2017, car dealers lobbied for amendments to the law on compulsory motor liability insurance, which they wanted to oblige car owners to carry out compulsory motor liability insurance repairs on new cars up to 2 years old exclusively at dealer car centers. This amendment was accepted. However, if the obligation to repair under MTPL is approved at a dealer’s service station, the cost of such repairs will not always be covered by MTPL insurance, since the prices for repair work from the dealer are always higher than the market average. In this case, you can get money instead of repairs.

Replacing cash payments under compulsory motor liability insurance with repair work at a service station also has its advantages. For example, wear and tear of a vehicle during compulsory repairs under compulsory motor liability insurance will no longer be taken into account by the insurance company. In order to push for forced repairs, insurers even agreed to take such a step in favor of motorists. Repairs without taking into account wear and tear under OSAGO will, of course, be positively received by motorists. But in 2019, it is still not so easy to repair a car at an insurer’s service station without taking into account wear and tear.

Replacing the cash payment of compulsory motor liability insurance with forced repairs will also make it possible to cut off from this controversial market auto lawyers, resellers of debts under compulsory motor liability insurance, of which there are more and more people in the country every year. Starting from 2019, auto lawyers and road accident lawyers will be more involved in cases of compulsory motor liability insurance claims in terms of recovery of damages, moral damages and a 50% fine in case of poor-quality or incomplete car repairs.

The quality of the repair work of our car services raises big questions and complaints, so motorists, of course, will use the Law “On the Protection of Consumer Rights” to their advantage and nitpick check the completeness and quality of the repairs carried out within the framework of compulsory motor liability insurance, and if there are errors in the repairs, they will be able compensate for your damage and quite rightly make good money from the insured event. Currently, there are not many legal disputes between car owners and car repair shops regarding the quality of the repairs performed by the plaintiff after he received an insurance payment. And this is quite understandable. Today, the overwhelming majority of citizens who have received money under compulsory motor liability insurance from an insurance company or an intermediary car lawyer deliberately turn to a cheap car service center with only one goal - to make inexpensive car repairs, in which at least some margin remains from the money received under compulsory motor liability insurance.

With the replacement of cash payments under SOAGO with repairs at the insurer's service station, everything, of course, will change, and the courts will face an influx of plaintiffs demanding compensation for damage due to poor-quality repairs of their cars. Since the beginning of 2019, there has already been a noticeable surge in such statements of claim from car enthusiasts.

Repairs in lieu of money under compulsory motor liability insurance have a number of exceptions. In some cases, a citizen may receive a cash payment and refuse to have the car repaired at a service station. Let's look at these cases:

• As a result of the accident, the car was completely destroyed and there was nothing left to repair (total loss);
• If the cost of repair work and spare parts is higher than the amount of the expected insurance payment (for example, the standard 400 thousand rubles or the difference in wear of parts) and the car owner does not want to pay the amount of money missing for repairs;
• If the insurance company is unable, for some reason, to organize car repairs at the service station that the citizen initially chose when concluding an insurance contract from the service stations offered by the insurance company;
• The insurance company cannot and does not have time to organize repair work in accordance with the requirements of the rules of the Bank of Russia (for example, it does not have time to organize car repairs within 30 days after the client contacts the insurance company);
• The car owner does not want to do repairs at a service station, but wants to get money, and a special commission of the RSA, having considered the application of this citizen, met him halfway, for example, because of his difficult financial situation;
• The insurance company and the car owner came to a written agreement to pay money instead of repairs under compulsory motor liability insurance and the citizen agrees with the proposal (of course, significantly underestimated) a sum of money, which, in his opinion, is enough for self-repair cars.

A positive aspect of the new changes in the MTPL market in the form of replacing the payment of money with car repairs can be a gradual forced improvement in the quality of work of car services, in order to avoid a subsequent repair dispute with the car owner regarding the quality of the work done. However, how this will affect the price of such repairs, including how the lack of competition for compulsory repair work under compulsory motor liability insurance will affect the cost of repairs - time will tell. Perhaps the MTPL changes in 2019 will finally be useful for car owners, and not just for insurance companies.

Latest MTPL news 2019

Get acquainted with the practice of working in 2019 with the updated law on compulsory motor liability insurance on replacing cash payments with forced repairs at service stations. When can I get money instead of repairs and do I have to pay for wear and tear of parts during repairs, as the insurer may require?

Electronic OSAGO policy

So, another change in compulsory motor liability insurance - from January 1, 2017, amendments to the law on compulsory motor liability insurance came into force in Russia, and now all insurance companies, without exception, are required to issue electronic compulsory motor liability insurance policies and enter into compulsory motor liability insurance contracts via the Internet. in electronic format with any client accessing the network.

Now, after a client submits an application for concluding an insurance contract via the Internet, the insurance company sends email address client's MTPL insurance policy and places it in personal account client on the website a copy of the MTPL policy, which the user can download at any time. After registration electronic policy OSAGO, you can print it out and take it with you in your car, or, if you don’t trust modern technologies, you can contact the insurance company and receive the usual paper form issued online insurance policy OSAGO.

Undoubtedly, the issuance of MTPL policies by insurance companies will be able to eliminate the violation of the rights of citizens imposed by unscrupulous insurance companies additional services when drawing up insurance contracts. As you know, almost all insurance companies throughout 2017 were clever and came up with all sorts of ways to impose additional services on their clients. In order to obtain an MTPL policy without additionally imposed services from insurance companies, citizens in 2017 had to stand in large queues artificially created by insurers in their offices or wait for the appearance of supposedly scarce MTPL policy forms. In 2019, these obstacles on the part of insurance companies in drawing up MTPL contracts will become a thing of the past, including thanks to the new change under consideration and the emergence of the opportunity to obtain a MTPL policy via the Internet. Since the beginning of the year, it can be stated that in 2019, issuing policies via the Internet has become even more popular among motorists.

It is worth noting that in 2017, an experiment in issuing electronic MTPL insurance policies was carried out in several regions of the Russian Federation, including the Rostov region. Reluctantly and with difficulty, insurance companies established this electronic service in experimental regions, as a result of which several tens of thousands of electronic MTPL insurance policies were issued to clients over six months. However, last year, insurance companies were not required to issue electronic MTPL insurance policies, and they mastered this procedure on a voluntary basis as an experiment. Since January 1, 2019, the issuance of electronic MTPL insurance policies has become an obligation for insurers, for violation of which they face a hefty fine and revocation of their license. These 2019 MTPL changes will definitely benefit motorists.

Lawyer - auto lawyer Gennady Efremov

In this article we will answer the question of how to receive repairs under compulsory motor liability insurance or payment under compulsory motor liability insurance. We’ll tell you about the “traps” that insurers have placed on your path and how to get around them. And, also, we will give simple and understandable instructions for contacting an insurance company in 2019.

The head of the Society for the Protection of Motorists, Dmitry Vadimovich Kapustin, comments on these issues.

Look this video

Content:

In what cases is repair covered by compulsory motor liability insurance, and in what cases is payment required?

In 2019, when applying for compulsory motor liability insurance to an insurance company, All cars are sent for repairs. Repairs are carried out in those service stations with which the insurer has entered into cooperation agreements.

However, there are cases when, after an accident, it is precisely insurance payments according to OSAGO.

These are the cases:

• Complete loss of the vehicle. The so-called “total”. This is a case when it is not practical to repair the car. And it’s easier to buy a new one than to repair an old one. In this case, the insurance company will pay you the amount of damage due to the accident - in money.
• The case when the amount of restoration repairs exceeds maximum payment under compulsory motor liability insurance. Today, the maximum payment under compulsory motor liability insurance is 400 thousand rubles.

  Example: The cost of repairing your car after an accident will be 500 thousand rubles. Which clearly exceeds the maximum payment under compulsory motor liability insurance. In this case, the insurance company will pay you 400 thousand. And the remaining money you can judicial procedure recover from the person responsible for the accident.

• If in an accident you, as the injured party, suffered moderate or severe harm to your health, then payment for the broken car must also be made in money.
• If the injured driver died, then the payment will be made to his relatives.
• If the injured driver is disabled.

Is the amount of repairs under compulsory motor liability insurance calculated taking into account wear and tear of parts or without?

If previously depreciation was used when calculating damage, now everything is considered WITHOUT WEAR. “Wear” - translated into simple human language, depends on the age of the car.

As it was before: The price of parts for repair, for example, is 100 thousand. The car is 8 years old. In this case, the insurance company paid only 50 thousand (depreciation was 50%)

And now, for 2019: If the price of parts for repair is 100 thousand, then the insurance company will pay 100 thousand, regardless of whether your car is new or “old”.

Those. Now everything is calculated at the prices of new parts. Nothing is “cut.”

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"Society for the Protection of Motorists"

Payment terms for compulsory motor liability insurance. Everything is tough!

If the insurance company must pay, then the payment period for compulsory motor liability insurance is 20 calendar days from the moment you submit the Application for the occurrence of an insured event. For exceeding these deadlines, you can collect a fine from the insurance company in the amount of 1% per day of delay of the amount of damage.

Repair deadlines for compulsory motor vehicle liability insurance. Also “rigid boundaries”.

But the repair timeframes for compulsory motor vehicle liability insurance are slightly different. From the moment the vehicle is presented to the service station at the direction of the insurer, only 30 days(Article 12, paragraph 15.2 of the “Law on Compulsory Motor Liability Insurance”). And not a day more!

And if it’s “impossible”, but you really want it, how can you get it in money?

If the insurance company sends for repairs, but I want money. How to receive payment under OSAGO?

Let's share our secrets. The fact is that insurers are well aware that finding a normal service station is very difficult. And according to the requirements that the Law now imposes on such service stations, spacecraft must be assembled at them, and not vehicles must be repaired. But, as you understand, such SRTs practically do not exist in nature. Insurers have to use regular service stations.

And in some cases, it is more profitable for the insurance company to pay you in money than to send you to such “poor” service stations and then also have to pay for redoing the poor-quality work and be responsible for poor-quality repairs under compulsory motor liability insurance.

Therefore, we recommend that when contacting the insurance company, you write “Application for payment in cash.” Often insurance companies will grant such requests and pay in cash or transfer to your bank card.

Do you need an independent examination after an accident? And when should it be taken?

NEEDED! And, without fail. There is nothing to do without it!

This is what you need it for:

First reason: If you are sent for repairs under compulsory motor liability insurance, then an independent expert assessment of damage after an accident will show which parts can be replaced and which can be repaired. And in this case, the insurance company (together with their service station) will no longer deceive you.

The second reason: If the insurance company decides to pay you money under compulsory motor liability insurance, then an independent examination will show how much the insurance company should pay you.

Believe us, our experience - insurers try to underestimate the payment in 99% of cases. Having an independent expert in hand, you can file a pre-trial claim and receive the full amount. Including costs for damage assessment.

We recommend that you undergo an independent examination before contacting an insurance company. But, if you have already submitted documents for payment, it’s okay. Pass the independent assessment after an accident it is possible now.

What if the car is under warranty? Will repairs under MTPL be provided by an official dealer or not?

The law on compulsory motor liability insurance says:

If on moment of the accident the car is not yet 2 years old, then the insurance company is obliged to give a referral for repairs under compulsory motor liability insurance - specifically to the dealer. This is your 100% right!

If they tell you that “we do not have an agreement with your dealer,” then demand that you pay for the damage at your dealer’s prices.

Our lawyers will help you get paid at dealer prices.
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“The circus has come to us!” How do the repair shop and the insurance company agree on the amount of repairs?

And now, the most interesting part. As young people say, this is “tough”!

The service station has been secretly placed by the insurance company in a NOT VERY “comfortable” position. If the service station “dances to the tune” of insurers and fulfills their whims, it gets clients. As soon as the service station starts to “kick” and tries to work honestly, the flow of clients is blocked.

And the “whim” of the insurers is that the service station must meet the “meager” amount of repairs that the insurance company “voiced.” Have no illusions. This is true!

Therefore, do not be surprised if a number of damages are missing from the service order. Or they will begin to offer you to supply “incomprehensible analogues” of parts or, even worse, used parts. “On the sly,” instead of replacing a specific part, they can “fit in” its repair.

But that's not all. “Pa-bammmm!” - and then a call comes from the service station....

Call from service station. “Oh, pay us a few tens of thousands extra.” What to do? Details!

The service station requires an additional payment from you for repairs under OSAGO. This situation has become so common that it is already taken for granted by insurers.

What to do in this case?

Under no circumstances agree to demands to “pay extra out of your pocket.” According to the MTPL Law, you must have the repairs done WITHOUT ANY ADDITIONAL PAYMENT on your part. All expenses must be borne by the insurance company. Dot.

But in practice, SRT says: “If you don’t pay extra, we won’t start repairs.”

This problem is solved as follows.

Submitting a Pre-trial Claim to the insurance company.

All problems between you and the service station are actually problems between you and the INSURANCE company. This is what is written in the MTPL Law.

And you need to deal not with the service station, but with YOUR INSURER!

You need to write a “Pre-trial Claim”, which briefly outlines the essence. “They say so and so, the service station demands additional payment, which is a violation of the Law on Compulsory Motor Liability Insurance.” And that you demand that the insurer intervene in the process and solve this problem.

ATTENTION. You can use this situation to your advantage. You can write in the Pre-trial Claim that the insurer can also pay you the entire amount in money. And you yourself will then make repairs where you see fit.

But you need to write this pre-trial claim correctly. So that some unaccounted for detail does not negate all your efforts.

Consult and get help
in writing a Pre-trial Claim
You can call the Hotline
Society for the Protection of Motorists

The insurance company asks: “Sign that you have no claims for payment.” “Yeah, right now!”

Quite often, after filing such a pre-trial claim under MTPL, the insurer agrees to make a payment under MTPL. AND …. "I'll screw you over."

You are offered, under a plausible pretext, to sign a paper that you agree to receive payment in money.

Here you need to take your time and carefully read what is written in this paper. If there is a line “I agree with the amount of payment. I have no complaints” - then you CANNOT sign such a paper!!! Otherwise, you won't be able to do anything later. And it will no longer be possible to protest a small payment.

Demand that the insurer remove this line. In some cases this line is “removed”. And the document can be signed.

So, what should you do if the insurance company “flatly” refuses to do this?

What to do if the insurance company continues to be “stubborn” and does not pay?

The insurers' calculations are simple. They think they can starve you out. And that sooner or later you will sign an agreement that “you have no complaints. And that they agree with the amount.”

But, fortunately, the law is on our side.

If the insurance company does not pay within 20 days from the moment you contact it, we will help you draw up and submit an official PRE-TRIAL CLAIM for lack of payment.

And after 10 days we will go to court on your behalf.

And according to the court, you will be required to pay not only the entire amount, but also a 50% fine.

For example, the amount of repairs according to an independent examination is 200 thousand. In court, the insurance company will pay 200 + 100 = 300 thousand, plus compensation for the services of a lawyer and an independent assessment.

But where to start right now? The sequence of contacting the insurance company.

You need to start by analyzing the current situation.

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The President signed changes to the law on compulsory motor liability insurance to replace cash payments with repairs. The changes will come into force on April 28, 2017 and will only apply to MTPL agreements that were concluded after this date.

Until the law comes into force, all car owners can choose cash compensation. After this date, victims will be paid monetary compensation if the person at fault for the accident took out compulsory motor liability insurance before April 28 and his policy is still valid. If the policy of the person responsible for the accident was issued after April 28, it will no longer be possible to choose a cash payment. Money will only compensate for damage as a last resort.

And after another six months, it will be possible to apply for direct compensation, even if more than two cars are involved in an accident.

Payment in kind 🔧

As it was before?

Previously, there were two options for compensation under compulsory motor liability insurance: the insurance company paid the victim money taking into account wear and tear or transferred the same amount to the car service center. The car owner paid the difference for the repairs himself. If you wish, you could refuse the repair and take the money.

Ekaterina Miroshkina

economist

This was used by cunning car lawyers who helped car owners sue for compensation and illegally enrich themselves. Fraudsters set up car stands on the roads to get insurance money. Finally, honest guys could take the money and repair the car themselves, then there would even be enough for new spare parts.

What changed?

Now, after an accident, in most cases, the victim’s car will be sent for repairs and the insurance company will pay for the work of the service center and spare parts, which they will evaluate according to the Central Bank’s methodology.

Who cannot choose the method of compensation. Cash payments by choice were canceled only for passenger cars, which are registered in Russia and owned by Russians.

How damage is compensated. If an insured event occurs, the insurer will inspect the car and, after the examination, issue a referral for repairs. All spare parts for repair must be new. Used ones will be delivered only if you enter into an agreement with the insurer, and he may not agree. The insurance company will calculate the cost of repairs using the Central Bank methodology, taking into account various parameters. According to this method, for example, painting of parts is not always included in the costs or they are not completely painted. The cost of spare parts, as a rule, is paid not by receipts from the store, but by reference books and average statistical data. The same goes for paying for car service. If the insurance payment according to the Central Bank's method is not enough to put the car in order, the car owner will make up the difference from his own pocket.

Referral for repairs issued within 20 calendar days after the insurance company has accepted the application. For repairs at a car service center not on the insurer’s list, a referral may be issued within a month.

Repair period. All work must be completed within 30 working days. The period is counted from the moment the car is handed over to the service center. The term can be increased only if the repair technology requires it and the victim does not mind. If the repair is delayed, the insurer will pay a penalty.

Repair warranty. Body work will be guaranteed for at least a year, and the rest - six months.

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Where will they send it for repairs? Each insurance company will have a list of car services with which it has entered into contracts. There may be many car repair shops, but a specific car of a specific person will not be sent to any of them for repairs. According to the law, the service station must be located no further than 50 km from the scene of the accident or the victim’s home.

If the insurer pays for a tow truck to a car service center, then it can choose any one at its discretion. That is, if an accident happens on a highway 300 km from the car owner’s place of residence, the insurance company has the right to send a tow truck and bring the car to the nearest car service center at its discretion - even to another city. In such cases, you need to remember that the insurance company is obliged to organize transportation of the car back and forth.

If the car is under warranty. The insurer must provide a referral to the car service center that has the right to service cars of a specific brand under an agreement with the manufacturer or dealer. If such a service is not on the insurer’s list, you can agree to have the repair done at another service offered by the insurance company. Or you can disagree and then take the money.

The law has an interesting clarification: this condition applies only to cars no older than two years. It turns out that if the manufacturer gives a warranty for a period of three or five years, and the insurance company does not have a suitable car service center, then it will issue a referral for repairs wherever it wants and will not offer a cash payment. This is strange, and there will probably be further clarification on this matter.

How to choose a car service. When applying for an MTPL policy, you can indicate in your application a specific car service center where, in the event of direct compensation for losses, the insurance company will issue a referral for repairs. By default, a service station must be selected from the insurance list, but if you agree, you can specify another car service, even if it is not on the list. All agreements must be recorded in the application, and the insurer’s consent must also be obtained in writing.

If for some reason the insurance company cannot organize repairs at a selected car service center from its list or by written agreement, then you can also demand payment.

If the repair was done poorly. If the car was sent for repair, but the car service did not complete the work on time or did it poorly, you first need to write a claim to the insurance company and ask them to correct the shortcomings. If it is impossible to eliminate the shortcomings, you should first apply for compensation to the insurer and only then go to court.

When will the money be paid? Financial compensation is due if:

• the car cannot be restored,
• the victim died, and the relatives do not want to repair the car,
• the victim in an accident suffered moderate or severe harm and he chose payment,
• the victim is disabled and has a special car,
• the insurance amount is not enough to pay for repairs,
• mutual responsibility is established,
• the victim refused to have the car repaired under warranty at a car service center that does not have an agreement with the manufacturer,
• the insurance company and the victim agreed on compensation in money,
• The Central Bank prohibited the insurance company from compensating for damage through repairs.

What happens, I won’t be able to get money even if I repair my car myself? Or maybe I don’t want to repair it at all and am going to sell it?

No one can get money at will. The list of cases when money will still be paid is closed. You can try to negotiate with the insurance company, and if everything works out, the damage will be compensated in money. But if the insurer does not agree, you cannot force him: the car will have to be repaired and, possibly, pay extra for spare parts.

Why on earth should I pay extra if it’s not my fault? Give me the money!

The Central Bank's methodology takes into account many parameters - from the area of ​​damage to the body before the accident to the amount of brake fluid lost during repairs. The car owner cannot demand to fill in the specific brand of oil that he is used to, or to install expensive spark plugs, even if these were the ones that were installed before the accident. The insurance company will calculate the cost of repairs according to its reference books, taking into account the condition of the car before the accident and examination data. As a result, there may not be enough money to pay for all the work and spare parts. The insurance company will pay only what is required according to the Central Bank method, and the difference will be paid by the car owner at his own expense.

To reduce the surcharge, negotiate with your insurance company to install used spare parts. For example, buy a bumper for painting at a disassembly, or maybe you have some parts from old car. Such consent must be provided in writing to the insurance company.

Even if you are not at fault, OSAGO is unlikely to cover all repair costs. But constitutional Court allowed to demand additional payment without taking into account wear and tear from the culprit of the accident, and now you can receive the full amount of damage.

I have a valid MTPL policy. What should I do?

You don't need to do anything now. Until April 28, you can choose to compensate for damage in money or repairs. And then the type of compensation will depend on the date of registration of the policy of the culprit of the accident.

When your policy expires, carefully choose the insurance company you contact to claim direct compensation for your losses. Now it is important which car services insurers have contracts with. Previously, you could not pay attention to this, and if the car service does not suit you, take the money and go wherever you want. Now you can't.

Insurance companies are required to post a list of car services on their websites - this is a legal requirement. There will be not only a list and addresses, but also terms of work, and even brands of cars that they can service. Study the sites before applying for an MTPL policy! If there are no grounds for direct compensation for losses and you have to contact the insurance company of the person responsible for the accident, you will choose from those car services that are on its list

Ask a service you trust which insurance companies it is accredited with. Choose an insurer from this list.

Collect receipts for the purchase of spare parts that you change yourself. They will be useful for court or examination.

If an accident occurs, make sure that you complete the paperwork so that you do not lose the opportunity to apply for direct compensation for losses from your insurance company.

I'm just going to buy a car. What should I do?

If you buy new car and want to maintain your warranty, ask your dealer for a list of authorized services. For compulsory motor liability insurance, choose an insurance company that has an agreement with them. Even if you contact the insurance company of the person responsible for the accident, request a referral to an authorized service center or cash payment.

If you are buying a used car, ask the seller for documents for parts that he recently replaced.

If you choose an expensive used car, consider whether you can pay extra for repairs when replacing spare parts under OSAGO. Now you won’t be able to get a payment and have it repaired in a friend’s garage.