In what cases can a car not be restored after an accident?
OSAGO, which protects in road accidents. The motor vehicle license is regulated by Federal Law No. 40 (Law “On Compulsory Motor Liability Insurance”). The document regulates all the rules for purchasing and using a compulsory car insurance policy, including the rules for insurance payments.
Important
What changes have occurred in 2020? In the event of a road accident, the injured party has the right to receive an insurance payment, provided that each participant in the accident has a valid motor vehicle license. Currently, compensation for damage caused to a vehicle can be obtained:
- in the form of monetary compensation, which, at the driver’s request, can be used to restore the damaged car;
- in the form of repair work, which is carried out at the expense of the insurance company.
A global reform of compulsory motor insurance is expected in 2020.
Payments under compulsory motor insurance in 2020: rules for reimbursement of the insured amount
Info
And you will be forced to pay for repairs to your car or buy a new one with your own funds. According to OSAGO After submitting documents to the insurance company, an examination will be carried out within five days, based on the results of which it will be possible to determine the damage received by the car.
Attention
If, during the inspection of the damaged car, it is not possible to inspect the extent of the losses, then within another 10 days the at-fault car is inspected, also at the expense of the insurance company.
This point is discussed in Part 10 of Article 12 of the Federal Law of April 25, 2002. The standard payment period is 20 days (Article 12, Clause 21 of 40-FZ “On Compulsory Motor Liability Insurance”) from the date of filing the application with the insurance company. But if for some reason the date of the examination cannot be carried out on the appointed day due to your fault, then it will be rescheduled without any problems. But to these 20 days another 20 will be added (Part 11 of Article 12 of the Federal Law of April 25, 2002).
Is it possible to insure a car after total insurance?
In this case, the insurance company pays the car owner monetary compensation, the amount of compensation under compulsory motor liability insurance or the full cost of transport with CASCO insurance, minus the cost of usable remains. At the same time, the complete destruction of a vehicle according to documents does not mean that it cannot be repaired and continue to be used. After the complete loss of a car or motorcycle, the MTPL policy or its electronic version remains with the car owner, but this does not mean that it continues to be valid. In these and other cases, if further use of the car or motorcycle is possible, the driver needs to take out a new OSAGO policy. It will most likely not be possible to register it with the same insurance company. Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
Payments and repairs under compulsory motor insurance in 2020: new rules
After this time, the insurance company may be subject to penalties, the amount of which is determined by the insurance contract.
- In case of refusal of insurance payment, the policyholder must be notified in writing indicating the reasons for making such a decision.
- Disputes regarding the amount of insurance payment or failure to meet deadlines at the first stage are resolved pre-trial by sending a written claim to the head of the insurance organization.
- Rules for calculating payments Calculation of the amount of insurance payment is also made according to certain rules, the most significant of which are:
- Mandatory independent examination.
Insurance payments for car damage
This change will help improve the quality of the repairs performed, since all damaged parts will be replaced with new ones;
- increasing the warranty period for work performed to 6 months, which will lead to a reduction in the burden on judicial authorities considering claims regarding the quality of work;
- establishing a certain procedure for eliminating identified deficiencies after restoration repairs, which will also help reduce cases of litigation;
- establishing certain time frames for restoration repairs (no more than 35 days);
- increasing the number of repair organizations for the policyholder to choose from.
It is expected that new changes to the current legislation will come into force on March 1, 2020, however, the exact date is currently unknown.
Rules of insurance payments for MTPL
According to paragraph 5 of Article 10 of the Law “On the Organization of Insurance Activities” of the Russian Federation, the policyholder, the beneficiary has the right to renounce his rights to property in favor of the insurer in order to receive insurance payment (insurance compensation) from him in full, if the property (in this case, a car) ) was lost and cannot be restored. This clause with the refusal of the vehicle in favor of the insurance company applies only to CASCO, but in most cases it is not beneficial to the owner of the vehicle, because auto lawyers and experts will take money from you. Damaged cars sell very well, so if you are given 50 thousand rubles worth of usable leftovers, then you can sell them for more. Therefore, do not rush to give them to the insurance company, because they will count the wear and tear. Also, you do not have to renounce ownership and not transfer your car to the insurance company.
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Payments under compulsory motor insurance after an accident
So it turns out that the insurance companies value your wrecked car (its usable remains) more expensive than it will actually cost and in the end they recognize it as total, because the amount of repairs according to their calculations turns out to be quite high and, of course, it will be beneficial for them to recognize the car as not subject to recovery. Conclusion! If the Investigative Committee has recognized your car as non-repairable, i.e.
unrepairable, this does not mean that she is right. In such cases, you need to do an examination and recalculate whether your car was actually lost. If you think that the insurance company has overestimated the value of the usable balances, then be sure to conduct an independent examination, because this is the only way you can see the real picture and understand how much payments you are really entitled to under the law.
Can't be restored?
I read an interesting publication in MK for January 11th. It's called “Russia in Ruins. Is it beyond restoration? The publication is interesting not only for its conclusions, but primarily because it is written on the impressions of our Tver land, and specifically Torzhok and its environs. A unique perspective from the outside. The author, Vladislav Inozemtsev, is also well known. This is from that publication: “Of course, we can say that history has pronounced its verdict on “architectural excesses.” Now they look completely wild, closely surrounded by village huts, rural boiler houses and garages for agricultural machinery. The Soviet government did not find any use for them: the most successful outcome was the use of some as schools, but most of them were located in correctional institutions and prisons until the mid-1980s. They not only did not feel respect for history, they rather hated it. The relics of Saints Ephraim and Arkady, the founders of the Boris and Gleb monastery, were taken out of the temple by the NKVD and buried in an unknown place in 1936, the remains of Lvov and members of his family were expelled from the mausoleum in the same years, after the war the director of the state farm cut it from the walls of the main dining room in Znamensky with a knife portraits of all Russian emperors and their wives painted in oil, rolled up into a tube and taken to God knows where... Probably in the 1960s and 1970s, when the arrival of communism was expected soon, collective farm fields were cultivated, villages were settled, schools were opened, dying estates were not were considered something valuable. But now, when there is even greater desolation around them than inside, you clearly understand that this is not so. The Russian state did not create this splendor. It was built by local nobles and merchants, whom the new government later either killed and rotted, or pushed into emigration. The Soviet state did not preserve it, allowing, at best, the use of architectural masterpieces as useful square meters with strong walls, convenient for cells and punishment cells. The current Russian government - and this is also visible in Torzhok - is building new-built houses on the central embankment, on one of which there is a sign “United Russia” (in the rest, as the townspeople say, people close to the administration live), and the fate of the old buildings is the same doesn't bother. If we want to save provincial Russia - and the glutted, cosmopolitan Moscow today does not represent our country at all - we must, apparently, abandon the “statist” approach. All unused architectural monuments of federal and regional significance should be cataloged as soon as possible. Create truly voluntary and functioning societies for their protection in every region of the country. Allow private individuals to purchase houses, estates and palaces for their own needs, subject to their restoration in exact accordance with their previous appearance, without any remodeling. After completion of the restoration, a lease agreement would be concluded with the new owners for 49 years with subsequent purchase of the property - even at a symbolic price. But all rental payments during this time would be transferred to regional societies for the protection of ancient monuments and would go towards the restoration of other masterpieces that cannot be used commercially (even the almighty Russian Orthodox Church will not raise churches in dying villages in the next half century). Full text here: https://www.mk.ru/politics/article/2012/01/10/659132-rossiya-v-ruinah.html Probably everyone will have their own impressions of the text. It is likely that someone will think that there are much more important things now than those discussed here. But how many such ruins are there around us? How many are turning into those ruins? Who will do all this and when? And I also thought about something that I learned about quite by accident and very recently. It turns out that when restoring cultural monuments where lime mortars were used (and they were used everywhere in those earlier times), it is strictly forbidden to use cement. Neither in masonry nor in plaster. Over time, that cement plaster will fly off and the ancient bricks will be torn out. Such are the restoration nuances. Do those who are restoring our same Travel Palace know them? Agree - an interesting question...
Law on repairs under compulsory insurance instead of payments
If the driver uses the services of another car service, the insurance company may refuse to reimburse the costs. When you need to pay for repairs from your own wallet Article 12, paragraph 17 establishes cases in which the victim will have to pay for part of the restoration work.
This may be a situation where the cost of repairs is higher than the maximum amount of compensation. Additional payment is made in the following situations:
- The cost of restoration work is more than 400 thousand rubles.
- The cost of restoration work is more than 50 thousand rubles (the accident was registered without the participation of the traffic police, according to the European Protocol).
- Every participant in an accident is guilty.
In each of the situations described above, the victim can decide what to receive under compulsory motor liability insurance: repairs or payment.
And this is considered illegal. In what situations is a car really beyond repair, and in what situations can the insurers’ decision be challenged? Criteria for diagnosing the complete loss of a car Road accidents can have different consequences. It’s good that only the car was damaged, but there were no casualties. But still, what to do when the car is no longer repairable under compulsory motor liability insurance? If we focus on paragraph 2, paragraph 18, article 12 of the Federal Law “On Compulsory Motor Liability Insurance”, the final loss of a car should be understood as cases when:
- it is no longer possible to carry out repairs;
- the estimated cost of repairs equals or exceeds the cost upon occurrence of the insured event.
In simpler terms, if the damage from an accident exceeds the value of the car at the time of the accident, then from the insurance point of view it cannot be repaired. For clarity, we can give an example. These can be individuals - the victims themselves in the accident or, in the event of their death, their direct heirs and persons under the will:
- the driver who is not at fault in the accident;
- passengers;
- pedestrians;
- cyclists.
The insurance company pays expenses when the owner of compulsory motor liability insurance becomes liable in an accident involving his car and property damage of this kind is caused: damage to other people's cars, traffic lights, buildings, structures, structures, that is, the object of compulsory auto insurance is the property interest of those affected by the actions of the policy holder . This is because an expert’s working time is quite expensive;
- software used in the calculation (for example, one calculation using AudaPad Web software costs about 200 rubles);
- Is it necessary to calculate the loss of marketable value? To do this, you need to calculate the market value of the car, and this complicates the procedure a little;
- Is it necessary to calculate the market value of surviving car components in the case when restoring the car as a whole is impossible, but some parts have still survived.
It is not advisable to use the services of a company in which the fixed cost of the service is presented as a fixed price, plus an additional fee for each damage. To make it clearer why you shouldn’t do this:
- standard cost of examination is 3000 rubles.
How much will they pay under compulsory insurance if the car cannot be restored?
Let's look at how to deal with this situation below. According to paragraph two, paragraph 18, article 12 of the Federal Law “On Compulsory Motor Liability Insurance”, total loss refers to cases in which repair of damaged property is impossible or the cost of repairing damaged property is equal to the value of the property on the date of the insured event or exceeds the specified value. Speaking in Russian, this means that if the amount of damage from an accident under compulsory motor liability insurance (the cost of repairs) is higher than the value of the car on the date of the accident or equal to this value.
