Insured event under compulsory motor insurance. Features and procedure for obtaining repairs under compulsory motor insurance from an official dealer Repair under insurance

At referral for repairs under OSAGO since 2017 year, the insurer is obliged to comply with the deadlines for issuing directions for repairs, the repair period (changes come into force on April 28, 2017).

Service stations with which contracts are concluded by the insurer must comply with the requirements of the law, and information about them must be posted on the insurer’s website, including estimated repair times, brands of cars that the service station repairs, information about the service station’s compliance with the requirements of the law. The victim has the right to familiarize himself with the options for offers in advance and make a choice.

Penalty for failure to meet deadlines.

Requirements for referral for repairs under OSAGO

Rights of victims during repairs under compulsory motor liability insurance since 2017.

Service station work guarantee.

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In what order is a referral for car repairs issued under OSAGO 2017?

The victim is obliged to present the damaged vehicle for inspection to the insurer, who, within 5 working days from the date of receipt of the application for insurance compensation with all the necessary documents, is obliged to inspect the vehicle and/or organize an examination. After the inspection (examination), the insurer issues referral for repairs under OSAGO and pays the cost of repairs to the service station. The amount of payment is determined in accordance with a unified methodology.

A referral for repairs under MTPL must be issued within 20 calendar days (except for non-working holidays) from the date of acceptance of the application for insurance compensation with all documents attached in the case of repairs at a service station with which the insurer has an agreement (clause 15.2, 21 of Art. 12 of the Law on Compulsory Motor Liability Insurance)

If a referral for repairs under OSAGO is issued on the basis of clause 15.3 of Art. 12 of the Law on Compulsory Motor Liability Insurance (service station with which there is no contract, by agreement between the insurer and the victim), the referral must be issued within 30 calendar days (except for non-working holidays)

Penalty for failure to comply with the deadlines for issuing directions and the terms of vehicle repair under OSAGO since 2017

In case of delay in issuance directions for repairs under OSAGO the insurer pays a penalty in the amount of 1% of the amount of insurance compensation.

For violation of repair deadlines, the penalty is 0.5% of the amount of insurance compensation (clause 21, article 12 of the Law on Compulsory Motor Liability Insurance).

Requirements for referral for repairs under OSAGO.

In the direction for repairs under compulsory motor liability insurance it is indicated

— information about the victim, the MTPL agreement, the vehicle;

Name and location of the service station;

— repair period;

— the possible amount of additional payment that will be paid by the victims in connection with the installation of new parts (wear and tear). However, this position does not apply to individuals (citizens), owners passenger cars cars, registered on the territory of the Russian Federation.

Requirements for service stations when repairing under MTPL.

The repair period under compulsory motor liability insurance from 2017 is no more than 30 working days from the date of provision of the vehicle to the service station or from the date of transfer to the insurer for transportation to the service station.

The distance of the service station from the scene of the accident or the victim’s place of residence should not exceed 50 km. If the insurer organizes transportation to and from the repair site and/or pays for it, then the distance may be greater.

Vehicles less than 2 years old must be repaired by a service station that provides service for such vehicles on its own behalf and at its own expense in accordance with an agreement concluded with the manufacturer (importer).

If none of the STOs meets the above requirements for a particular victim, then he has the right to receive payment in cash or agree to the STO offered by the insurer.

For example, a service station is located 100 km away. from the scene of the accident, and the insurer does not pay for or organize transportation, in this case the victim has the right to agree to repairs or not, the insurer does not have the right to dictate terms.

Rights of victims during repairs under compulsory motor liability insurance since 2017

The victim has the right to independently organize the repair of the vehicle within the framework of compulsory motor liability insurance at a service station with which the insurer does not have an agreement, only with the written consent of the insurer (Clause 15.3 of Article 12 of the Law on Compulsory Motor Liability Insurance). In this case, a referral for repairs is issued under OSAGO, and the insurer pays for the repairs performed. In the application for insurance compensation, the victim indicates the full name of the service station, address and payment details.

Changing the scope of work, the timing of repairs under compulsory motor liability insurance, and the conditions of repairs without the consent of the victim is not allowed. An agreement on these issues must be reached between the insurer, the service station and the victim.

The settlement of issues related to hidden damage is determined by the service station in agreement with the insurer and the victim. This procedure must be recorded in a document, for example, in the direction that is issued to the victim when the vehicle is accepted for repair.

When repairing passenger cars registered on the territory of the Russian Federation, the owners of which are individuals (citizens), the installation of used or refurbished parts is not allowed if, according to a unified methodology, replacement of components is required. However, the insurer and the victim may agree otherwise, for example, replacement with a used one.

If the car was repaired poorly, the repair deadlines or the repair procedure were violated (for example, the scope of work, used parts were supplied, etc.), then the insurer is responsible and all claims must be submitted to him (Clause 17, Article 12 and Article 16.1 Law on OSAGO)

Service station work guarantee

The guarantee for repair work under MTPL cannot be less than 6 months, and for body work and work related to the use of paints and varnishes cannot be less than 12 months.

A court case. for compensation for damage due to the loss of a breadwinner.

Back in April 2016, the President of Russia instructed the Central Bank (it regulates the MTPL system in Russia) and the government to prepare their proposals regarding the restructuring of the current MTPL system. In June 2016, the State Duma considered a bill to replace payments under compulsory motor liability insurance policies for compensation for damages resulting from an accident with repairs.

Important changes in the OSAGO system

The new bill suggests that from the moment it is signed, insurance firms will be able to choose one of the following methods of compensation for damage:

– this compensation option remains unchanged. The insurance company assesses the damage and gives money to the victim to repair the car.
Repair under compulsory motor liability insurance in 2019 at a service station owned by an insurance company. In this case, the insurer assesses the damage and sends the car to a service station with which the insurer has signed an agreement.
Repair under MTPL at an official dealer is possible when the car is no older than two years. At the request of the injured driver, the insurance company must send the car to an authorized dealer for repairs. An appropriate agreement must be concluded between the dealer and the insurance company.

In order for an insurance company to offer the OSAGO policy owner repairs instead of paying out and sending the car to a service station, it is important that certain conditions are met. So, the service station should be located no further than 10 kilometers from the border of a city (population over 500,000 people) where the driver lives. Compensation for spare parts is paid taking into account their wear and tear. If the insurance company sends the car for repair, then the spare parts are paid without taking into account wear and tear. The bill does not resolve the issue of delivering a damaged car to a service station.

At the moment, the bill allows insurance companies to send a car to “their” service stations. This can only be done after agreement with the owner of the damaged car.

Car repairs after filing a claim for compensation

When submitting an application for compensation for damage to an insurance company, the injured party will be able to receive funds for repair and restoration work or receive a referral for repairs under OSAGO at a dealership or service station. Repair is possible only in cases where restoration work can still be carried out. If the car cannot be restored, it is sent for recycling. The driver receives compensation for all losses.

To receive the maximum amount for car restoration or a referral to a service station, the driver must contact the insurance company with a corresponding application. The motorist should do the following:

inform the insurance company about the accident;
draw up and submit to the insurer a written application for compensation of damages within the period specified in the MTPL policy;
Attach documents confirming the fact of the accident to the completed application.

After submitting the application, the driver must wait for the decision of the insurance company. Before this, a company specialist with the appropriate qualifications will conduct an assessment and indicate the amount required to repair the damaged vehicle. If the driver agrees with the indicated amount, then he will be able to receive monetary compensation and carry out repairs with the help of someone else or on his own. The maximum payment under compulsory motor liability insurance that a driver can receive from an insurance company under a compulsory motor liability insurance policy is 400 thousand rubles. This option of compensation for damage under an MTPL policy has been known to drivers since the first days of the existence of the MTPL system. According to the new bill, after assessing the damage to the car, the insurance company will offer the driver three options for solving the problem:

The driver agrees with the amount of damages assigned by the expert and receives money into his account for further work to restore the car.
The driver agrees to have the car repaired under compulsory motor liability insurance, which the insurance company offers to carry out at “its” service station and receives a referral for repair work. The amount required to repair the car is transferred to the car service account.
The driver himself chooses one of the options to resolve the problem and informs the insurance company about this, which does not have the right to refuse repairs under OSAGO.

Referral for free repairs

If the driver chooses free repairs under OSAGO, then the insurance company issues a referral to a partner auto repair shop. Insurers have several such workshops, so the driver will be able to choose the most suitable option from the list.

When the owner of the car agrees to repair it instead of money under compulsory motor liability insurance, an agreement is concluded between the auto repair shop, the owner and the insurance company. It must include the following points:

the period during which the car will be repaired at the service station;
calculation of the cost of all work that needs to be done;
list of work to repair and restore a damaged vehicle.

If a driver, when taking a repaired car to a service station, notices that the work was performed poorly, then he should not sign the vehicle acceptance certificate until the repair work is carried out efficiently.

Repairs under OSAGO RESO, which the driver agreed to by signing an agreement with the insurance company, are carried out absolutely free of charge.

If you have any questions on the topic, you can ask them in the comments

After the transition to in-kind compensation under compulsory motor liability insurance, many car service centers cooperating with insurance companies began to experience a significant workload. Very often this leads to cars sitting idle, waiting their turn for repairs. Many motorists have a question: how can they influence slow repairmen?

What can be the responsibility for delaying the deadline?

The law sets aside 30 working days for car repairs (FZ-40) and getting a car before this period is already good luck. At the same time, in the contract and in the direction for repairs, the insurer could have indicated an even longer period, but you might not have noticed this (the law stipulates this possibility) and here you need to approach it individually (study the validity and think).

If the service station does not meet the allotted time, the insurer faces a penalty in the amount of 0.5% of the cost of restoration repairs for each day of downtime beyond the deadline. In some cases, lost profits can also be justified.

What do you need to learn from this? Firstly, you cannot influence the auto repair shop in any way; penalties are charged to the insurance company, which also pays for the repairs, is responsible for their timing and quality, and has a contract with them. You are a nobody for the auto repair shop and it is unlikely that they will talk to you, at least not obligated. Secondly, the amount of the penalty depends on the cost of the repair, and the cheaper and more insignificant your repair, the more likely you are to run into delays; the auto repair shop not only may not begin repairs until the “dead line”, but may well be overdue. Even if there are cases for 2 days, there is no need to rush (the insurance company will not be charged huge fines).

We write a complaint and go to court

Justice should be sought legally through filing a claim (pre-trial stage), and then in court. First, write a claim to the insurer, in which you indicate the case number, list of damages, the date the car was left at the service station, the period of delay and the essence of the claims. It is quite possible that the insurance company will influence the service station, pay compensation or offer some alternative options for resolving the issue.

If there is no response, write a claim to the court, in which you also list all the circumstances and indicate that the pre-trial settlement did not work. Don’t worry, if the deadline is really exceeded, the costs of a lawyer’s services will be compensated to you by a court decision.

We carry out an examination of the quality of repairs

In cases where repairs were delayed and were done after a conflict situation arose, it often happens that it was not done very well. For example, the service station did not have time (or did not want to initially) replace parts that needed replacement with new ones and simply painted over the old ones, in a hurry caused some additional damage, poorly painted, etc.

When you pick up the car, carefully inspect everything, and if you can’t do it yourself, then call those who can help. If defects are identified or if you have serious doubts, contact experts who will conduct an examination; in this case, you will not only have to eliminate all the defects, but will also be paid compensation for each day that the car was under repair, and this is already a significant amount.

conclusions

Unfortunately, these are the main legal methods of influence, not too threatening, but still something... We do not use illegal methods, such as talking in a dark place, threats, arson, explosions and kidnappings and do not advise you. If your situation is special or you need legal and expert support, we are at your service!

Recently, insurance companies have begun to offer not only to pay an insurance premium in the event of a traffic accident, but also the opportunity to repair the car in a specialized workshop with which the insurance companies enter into agreements. Thus, the owner of a damaged car is freed from the need to look for a service point, select spare parts and supervise the work. Everything related to such repairs will be described in the article.

Pros and cons of repairs under OSAGO

Repairs carried out within the framework of compulsory motor liability insurance have their disadvantages and advantages. The advantages are:

short terms of repair work (this is due to the fact that the service station will receive money only after the car has been repaired and will try to complete it as quickly as possible);
no need to organize repairs yourself.

Among the shortcomings are noted:

impossibility of personally receiving an insurance premium;
the likely low quality of the repair work performed (insurance payments, as a rule, are not enough to complete the repair);
inconvenience in choosing a service station (only a few stations work with this type of repair, and not all of them are located in convenient locations).

Car assessment after an accident

This service is carried out to assess the cost of damage caused to a car as a result of a traffic accident. The assessment is carried out in several stages.

Preparatory. Provides for resolving all controversial issues that arise during the assessment and generating possible issues.
Inspection of the damaged car by an expert technician with the preparation of a photo report. After which it is compiled
The specified expert calculates the repair work and indicates the specific amount to be paid to the injured car owner.
If a car that is less than five years old is involved in an accident, then the loss of its marketable value is also calculated. It must be paid separately.
The expert must also calculate the value of the car in its entire condition. This is to see if it is advisable to repair it if there is extensive damage.
Useful balances are calculated if the car cannot be repaired. It is calculated this way. If the cost of the whole car is one hundred thousand, and repairs will cost ninety thousand, then, accordingly, repairs are impractical. The car's usable balances amount to forty thousand. That is, sixty thousand will be paid.

To evaluate a car, the following documents are required:

certificate of incident in form 748;
certificate of registration of the vehicle or PTS;
documents evidencing previous repair work.

Insurance payments after an accident

Until now, not all car owners understand the meaning of this insurance. The bottom line is that the insurance company undertakes to compensate third parties for damage caused by the owner. That is, it is paid directly to the victim. If both parties are at fault, compulsory motor liability insurance is paid in proportion to the damage caused.

Insurance is paid in strictly defined amounts. If the amount paid is not enough to cover the repairs made, then the remaining amount must be paid by the person at fault for the accident. In this case, it is best to carry out the examination of the vehicle with the participation of the latter, so that later controversial situations do not arise.

After an accident, you should not hesitate to contact your insurance company. Those who believe that it is enough to simply call there and the company will pay for the damage are naive.

Immediately after the incident, it is necessary to carefully inspect the scene of the collision and find witnesses who write down all their contact information. If possible, it is best to photograph the specified area.

Then you need to call the police. After notifying law enforcement officers, proceed to a thorough inspection of your vehicle. If the police officer does not indicate any damage in the certificate drawn up, then in the future it will be difficult to prove its presence.

After the inspection, notify your insurance company of the occurrence of an insured event and fill out an incident report. Having received the certificate, you can leave.

Next, you need to collect everything, including the protocol and notice, take the documents for the car and provide them to the insurance company. She will also need bank account details to transfer the payment. The missing documents can be brought later, but it is important to adhere to the deadline for writing the application - fifteen days from the date of the accident.

Time after an accident

As already mentioned, the owner of the car may not receive a payment, but repair his car for the amount of insurance, that is, carry out repairs under compulsory motor liability insurance. But here it is worth considering that you will not be able to choose a service station personally and control the repair process. But you won’t have to wait long for your turn.

After the insurance company receives a claim for payment of the insurance premium, it must issue a referral to the victim for car repairs. A service station is pointed in this direction. After this, he needs to arrive at this station, where the car will be inspected and the time frame for repair work will be determined. A note about this is also made in the direction. As a rule, it does not exceed seven days. The period can be changed by agreement of the parties and with mandatory notification to the insurance company.

Thus, only the car owner can decide whether to choose to pay an insurance premium or make repairs under compulsory motor liability insurance. Everything has its pros and cons.

Immediately stop the vehicle (hereinafter referred to as the vehicle) and turn on the hazard warning lights.
Place a warning triangle (at least 15 m from the vehicle in a populated area and at least 30 m outside a populated area).
Contact emergency services: 112 - emergency or 102 – Police (free from mobile even in roaming) and act according to the instructions of the traffic police officer.
Record the circumstances of the accident using a mobile application developed by RSA and ensuring the transfer of data to the AIS OSAGO, which is entered through the Unified Identification of Information and Logistics (registration on the State Services portal), for example, “Road accident. Europrotocol", and (or) with the help of technical control means (if they provide data transfer to the AIS OSAGO) no more than 10 minutes from the moment of registration of an accident using technical control means. You can download the application in the Play Market or App Store application stores. Using photos and videos, record in relation to each other and road infrastructure objects, traces and objects related to the incident, damage to the vehicle, reg. numbers and VIN numbers of the vehicle.
To settle an accident under the European Protocol (without calling the traffic police), registration using a mobile application until 10/01/2019 is mandatory only in case of disagreements or the need for settlement in the amount of 100 to 400 thousand rubles in Moscow, Moscow region, St. Petersburg, Leningrad region.
From 10/01/2019, recording using a mobile application and (or) technical means of control (if they transmit information to the AIS OSAGO) is mandatory for all accidents without calling the traffic police. If it is impossible to fix it, it is necessary to call the traffic police.
Clear the roadway if an obstacle is created to the movement of other vehicles (only if there is no harm to life or health, if any, vehicles cannot be moved without the instructions of the traffic police officers).
Fill out the Notification form together with the other participant(s) in the accident - instructions.
Call the Ingosstrakh contact center at:
+7 (495) 956-55-55 (Moscow), 8 (800) 100-77-55 (other regions of the Russian Federation) for advice.

Claiming an insured event

You can file an insurance claim for damage to vehicles and other property as a result of an accident at the offices of independent experts - partners of Ingosstrakh.

You can find a list of independent technical expertise that accepts clients under compulsory motor liability insurance in Moscow and the Moscow region in the section “Settlement Offices”.

Natural form of compensation for harm

Compensation for damage caused to the victim’s vehicle can be carried out by organizing and paying for restoration repairs at a service station (STS), from among those with which Ingosstrakh has concluded relevant agreements, taking into account the criteria for accepting vehicles for repairs for each service station .

In case of damage to vehicles and other property as a result of an accident.

You can file an insured event at the offices of independent experts - partners of Ingosstrakh:

Submitting an application to the office of independent examination will allow you to:

inspect the damaged vehicle and conduct an independent examination on the day of application;
significantly speed up the process of considering an insured event and making a decision on making an insurance payment.

You can find a list of independent technical expertise that accepts clients under compulsory motor liability insurance in Moscow and the Moscow region in the “Settlement Offices” section.

A natural form of compensation for harm.

Terms of payment of insurance compensation: The victim's application for insurance payment is considered within 20 calendar days (excluding non-working holidays).

IMPORTANT! To receive insurance compensation up to 400 thousand rubles. for road accidents that occurred in Moscow, Moscow Region, St. Petersburg and Leningrad Region, as well as in order to receive insurance compensation in the event of disagreements, data on the road accident must be recorded by its participants and transferred to the AIS OSAGO through the RSA mobile application “DTP.Europrotocol”. The fact of using the RSA mobile application “DTP.Europrotocol” when registering an accident under the Europrotocol should be indicated in the application for payment of insurance compensation.

A set of documents to be completed when applying to Ingosstrakh:

A notification of an accident (original) must be submitted within 5 working days from the date of the accident to the address: Moscow, st. B. Tulskaya, 10 building 9 (for Moscow and the Moscow region); For addresses of branches in the regional network, see the website (see)
Application for payment of insurance compensation.
A duly certified copy of the identity document of the victim (beneficiary).
Documents confirming the victim's ownership of the damaged property: vehicle registration certificate or vehicle passport (PTS). If at the time of the accident the vehicle had transit license plates, the provision of a title is mandatory.
Documents confirming the authority of the person who is the representative of the beneficiary.
Consent of the guardianship and trusteeship authorities, if the payment of insurance compensation will be made to the representative of the victim (beneficiary) under the age of 18 years.
Bank details of the recipient of the insurance compensation (the transfer is made to the account of the owner of the damaged property or to the account of the person entitled to the insurance payment.

A memo on the procedure at the scene of an accident to claim a loss under the Euro Protocol -.

When contacting Ingosstrakh, you must submit.

More detailed information on the Europrotocol can be found on the RSA website.

When contacting Ingosstrakh, you need to provide the following.