Inspection of the car in the insurance company. Is the car owner obliged to present a car for inspection when applying for a compulsory insurance policy? Secrets of Proper Preparation

We are talking about a separate service, which is provided by a representative of the insurer, as a rule, a trusted organization for conducting independent examinations. Insurance agents and client managers who were previously assigned this function are now deprived of such powers because they are considered to be stakeholders.

During daylight hours or in good artificial lighting, the specialist performs a number of procedures: verifies technical data, examines the equipment, looks for damage, then displays everything in detail in the pre-insurance inspection report. The latter is accompanied by a set of photos: the car from all sides, from the passenger compartment, the place where the VIN is indicated, the roof, etc. A total of about 30 photos are taken.

Photos are taken in color on a digital apparatus, indicating current date and the shooting time in each shot. The minimum allowable size is 3 MP, the resolution is 1360 x 2400. The photo should have a front and rear view, including at an angle of 45 °, right and left, the image of the engine compartment, roof, windshield outside and inside, disks and tires, salon. Taking pictures of the instrument panel, sunroof, panoramic roof, speedometer readings, trim of the driver's door, sets of keys and key fobs, equipment.

Experts look at the speedometer reading to make sure the driver hasn't diminished the mileage

5 goals he pursues

Make sure that the car really exists and matches the description.
Check the body number and VIN on the hardware with those indicated in the TCP and STS.
Clarify the complete set (tires, wheels, headlights, anti-theft systems, standard and additional devices, etc.).
Record on paper and photograph the damage to the body, glass, external lighting devices, interior trim.
Make sure that the value of the car, declared by the owner, corresponds to the market value.

The following requirements are imposed on the car:

cleanliness (otherwise it is impossible to objectively assess the condition of the paintwork);
readable body and chassis VIN numbers;
providing access to the engine compartment or other locations of the marking plates and other information.

Secrets of Proper Preparation

Secret 1... Wash your car immediately before the procedure at the car wash located closest to the place of the procedure. Or, if possible, invite an expert there.

If the weather outside the window, invite an expert for a pre-insurance inspection of the car directly to the car wash

Secret 2... Check in advance, for example, at a dealership or in specialized forums, where the vehicle is located an identification number body.

Secret 3... Check that you have brought your registration certificate and vehicle registration certificate, provide all copies of the original keys and key fobs from the alarm, so that in the future you will not be denied payment for the risk of theft.

Secret 4... Make sure that the procedure is carried out with good lighting, preferably in an open area, ideally at noon. Otherwise, there is a risk that there will be glare in the photo, which the insurer will wrap up in their favor. If the weather is difficult, it is better to reschedule the meeting or find a well-lit spacious garage where you can take pictures from different angles. But keep in mind that not all insurance companies allow inspections to be carried out indoors.

During a visual inspection, a specialist analyzes the condition of the paintwork for chips and scratches, corrosion and scuffs. The equipment, the condition of the optics, as well as additional equipment, which is accepted for insurance, can be checked. Another mandatory object of attention is vehicle protection and search devices.

In what cases an inspection is not needed

This privilege is enjoyed by the owners of new cars who have not left the territory of the car dealership. Those who renegotiate the contract for a new term can also do without this procedure, provided that there are no accidents under the previous policy. Is this an advantage? The issue is controversial.

So that in the future the insurer does not force you to prove that at the time of signing the contract the car was not damaged, make sure that the Casco stipulates the right not to be inspected for one reason or another. Otherwise, you will not see payments for the insured event!

If the pre-insurance inspection of the car for some reason was not allowed to pass, make sure that in the future it will not play a disservice to you.

Is it possible to refuse and is it worth doing?

It is possible, but you risk not being concluded with you. If the coveted policy nevertheless ends up in your pocket, you may face serious restrictions on payments, up to the introduction of a deductible for the risks of "damage" and "theft" in the amount of 99% of the insured value. One more point: insurers who are ready to take out insurance without checks are alarming - will such a company be able to pay compensation?

results

Based on the results of the check, model act including the following items:

information about the vehicle (brand, VIN, registration plate, mileage, engine power);
a verbal description of the nature of the damage or the mark “no damage”;
standard equipment is marked with a tick;
not included - fits in manually;
number of photos;
time and date of inspection;
signatures of the parties.

The owner of the vehicle receives a copy of the pre-insurance inspection report. If this does not happen, be persistent and get a document so that in the future you will have something to defend your interests with. If you disagree with the opinion of the reviewer, do not rush to sign. You can dispute the results by contacting the head of the company, of course, if doubts are justified. The procedure will be entrusted to another expert, and if your correctness is confirmed, the previous results will be canceled.

Pre-insurance car inspection is a responsible event. However, if you are counting on fulfilling obligations on the part of the insurer, do not look for ways to avoid it. The act of passage is a kind of guarantee that upon an attack insured event the damage will be covered, and the absence of an inspection report can cause many problems.

Everyone should be aware of the actions of the inspector.

Reasons and purposes for conducting a pre-insurance examination

A good car is an expensive pleasure. And to ensure its safety is the first task of the owner. The main method of car protection is issuing a CASCO policy. After that, the insurance company will be responsible for the integrity of the vehicle.

Moreover, compensation for damage is usually calculated in large amounts. Based on statistical data, payments for damages related to minor damage to the car amount to about 50,000 rubles. But the theft or complete loss of the vehicle is covered depending on the market price of the car.

That's why inspection of the car at the conclusion of the CASCO contract held in mandatory authorized specialists of the UK. All the nuances of the pre-insurance examination are prescribed in, which are compiled by each company individually. And to provide your car for inspection is the responsibility of each policyholder.

Making pre-insurance inspection, the insurance representative pursues several goals at once:

Make sure that the vehicle matches the description given by the policyholder.
Verification of VIN and vehicle body numbers with the numbers indicated in the TCP.
Checking the completeness of the car.
Fixation of existing damage.
Photographing a car.
Reconciliation of the value declared by the insured with the market price of the vehicle.

After a successful inspection of the vehicle, an act of technical serviceability is drawn up, to which the taken photos are attached, and calculated. These documents, together with a copy of the CASCO policy, a statement, PTS and STS, form an insurance business and are stored in the archive of the insurer's company.

When is it possible not to provide the vehicle for inspection?

In the rules of CASCO insurance, only 2 cases are spelled out when the vehicle does not have to be submitted for inspection in insurance company... Firstly, this exception applies to new cars bought on credit, since under such circumstances, vehicle insurance is a prerequisite... And also in cases when the vehicle was insured even before its actual use.

The beginning of the operation of the car, according to the majority of insurers, is the departure of the vehicle outside the territory of the car dealership. Thus, after you got behind the wheel and drove a couple of tens of meters, the car already loses its “new” status.

Secondly, the possibility conclude a CASCO agreement without inspection there are those clients who renew the insurance. But here, too, there are some nuances. This can only be done by those policyholders who have not applied for payment to the insurance company during the year. Such clients are considered to be breakeven. Retaining such policyholders brings significant benefits to companies, so they are provided with various bonuses and indulgences.

Refusal of pre-insurance examination - is it possible?

Is it possible to refuse a pre-insurance examination? This is the question some policyholders are asking. Of course, submitting your car for inspection to the insurance company is voluntary. And no one can force you. Only such a decision can have its consequences.

The most relevant of these is the refusal of the insurance company to cooperate with you. Obtain a CASCO policy without inspection will not work. This rule is written in job description for each insurance agent.

But there are times when the CASCO policy is issued even before the moment when it was carried out pre-insurance inspection, features such agreements are as follows:

In the section of the policy "Special notes" it is prescribed that the contract begins to operate from the moment the client undergoes a pre-insurance inspection.
Or, an unconditional deductible of 99% is established for the risks of damage and theft.

It is also quite common in a situation where the client refuses to conduct an inspection, reducing the number of insured events, upon the occurrence of which the policyholder is reimbursed for damage. Or, the amount of the payment is reduced as a percentage by the amount of the established deductible.

But asking an insurance agent to provide a car for inspection is a guarantee of the company's reliability. After all, if the insurer agrees to conclude a CASCO agreement with you without carrying out such a procedure, you should think about rejecting this offer. Since in the event of an insured event, you may not receive the expected damage compensation.

Requirements for the inspected vehicle

Each insurance company makes certain requirements for the inspected vehicle... Basically, they are the same for all vehicles and are as follows:

The owner of the vehicle or his authorized representative must have the originals of the TCP and STS. These documents are required to verify all VIN numbers, body, engine and frame.
Completed diagnostic card. This item assumes certain nuances. The DC must be valid at the time the insurance contract expires. Since if an accident occurs, and the validity period expires, the insurance company may refuse to compensate you for damage.
Presence of all original keys and key fobs for the immobilizer (alarm). If this paragraph is not followed, then problems may arise when registering a loss at the risk of theft.
Providing a clean car for inspection, as dirt can hide some minor damage, and you will eventually receive a refusal to pay. If this rule is not met due to weather conditions, the insurance agent may ask you to provide the vehicle for inspection again. One way to solve this problem is on-site pre-insurance inspection when an employee of the insurer can come, for example, to a car wash. But not every company can provide you with such a service.
Inspection only during the day or in a room with good lighting. At night and in the evening, photographing and inspection of the vehicle is strictly prohibited. Since this can be a problem during the winter months, many insurance companies have their own boxes for pre-insurance examination.

When concluding a CASCO agreement, it is worth considering that failure to comply with any of these requirements may result in a refusal to pay insurance compensation for an unprofitable case.

Who has the right to conduct a pre-insurance examination

This right is vested in specialists specially trained and authorized to conduct a pre-insurance examination or authorized representatives. insurance company... This is usually the responsibility of the Claims Department staff. But now insurers often enter into partnership agreements with independent expert review organizations. This is done so that at the time of registration of the insured event there are no questions about the quality of the pre-insurance inspection from both parties that have entered into a CASCO agreement.

Previously, the right to inspect the vehicle was vested in every insurance agent and customer service manager. But due to the fact that these people are financially interested in drawing up a policy and can give some concessions to the owner of the vehicle, they were deprived of this opportunity.

Pre-insurance inspection technology

For any person uninitiated in the intricacies of the insurance business, especially for the future policyholder, it will be interesting how is the pre-insurance inspection... After all, it will depend on the quality of the service provided to you by the insurer's employee whether you receive compensation for the loss. Since even the slightest omission during the inspection of the vehicle may result in a refusal to pay damages. What actions must be taken by an authorized representative of the insurance company?

He must carry out a mandatory verification of the vehicle state number and all numbers affixed by the car manufacturer (VIN, body, chassis, frame) with the original documents - PTS and STS.
Check the compliance of the mileage data indicated by the policyholder with its value on the speedometer.
Indicate in the inspection report the features of the vehicle configuration.
Ensure that the recommended anti-theft systems are available.
Record in the inspection report the standard and additionally installed devices and devices accepted for insurance.
Carry out an internal and external inspection of the vehicle and make sure that there is no damage of any kind. Otherwise, for example, when concluding a CASCO insurance contract for a used car, register all discovered defects.
Fill in pre-insurance inspection report.
Take at least 8 photos of the vehicle. It is advisable to shoot from four angles so that the two sides of the vehicle can be seen in the photo. In addition, a photo of the speedometer, brand and size of tires and wheels, interior trim and a plate with a VIN number should be attached to the inspection certificate.

The natural conclusion of the pre-insurance inspection of the vehicle is the signing of the deed. This is done by both parties involved in the transaction - an authorized inspector of the insurance company and the insured himself. Moreover, the client must be provided with a copy of the vehicle inspection certificate, certified by the seal of the insurance company. This helps to eliminate any contradictions at the time of registration of an unprofitable case.

The insured wants to recover the underpaid insurance compensation under the MTPL

The policyholder / assignee wants to collect insurance payment on OSAGO instead of organizing and paying refurbishment TS

The assignee wants to recover the costs necessary to remedy the deficiencies of the refurbishment

The assignee wants to collect at the same time a forfeit for violation of the terms of the insurance payment, and a financial sanction for violation of the term of referral motivated refusal in the implementation of insurance compensation under OSAGO

The property owner wants to recover damages caused by a collision of vehicles

See all situations related to Art. 12

1. The victim has the right to present to the insurer a claim for compensation for harm caused to his life, health or property when using vehicle, within the limits of the insured amount established by this Federal Law, by submitting an application to the insurer for insurance indemnity or direct compensation for damages and documents provided for by the rules compulsory insurance.

(see text in previous edition)

An application for insurance compensation in connection with causing harm to the life or health of the victim is sent to the insurer who insured the civil liability of the person who caused the harm. An application for insurance compensation in connection with causing damage to the property of the victim is sent to the insurer who has insured the civil liability of the person who caused the damage, and in the cases provided for in paragraph 1 of Article 14.1 of this Federal Law, the insurer who has insured the civil liability of the victim is sent an application for direct compensation for losses.

(see text in previous edition)

A victim's statement containing a claim for insurance compensation or direct compensation for losses in connection with causing harm to his life, health or property when using a vehicle, with the attached documents provided for by the rules of compulsory insurance, is sent to the insurer at the location of the insurer or a representative of the insurer authorized by the insurer for consideration of the specified claims of the victim and the implementation of insurance compensation or direct compensation for losses.

(see text in previous edition)

The location and postal addresses of the insurer, as well as all representatives of the insurer, means of communication with them and information about the time of their work must be indicated in the list of representatives of the insurer, which is an attachment to the insurance policy.

If there are insufficient documents confirming the occurrence of an insured event and the amount of damage to be compensated by the insurer, the insurer shall inform the this to the victim with instructions full list missing and (or) incorrectly executed documents.

(see text in previous edition)

Exchange necessary documents on insurance compensation to check their completeness, at the request of the victim, can be carried out in electronic form, which does not exempt the victim from submitting documents to the insurer in writing on insurance compensation at the location of the insurer or the representative of the insurer. The insurer is obliged to ensure the consideration of the applicant's appeal sent in the form electronic document, and sending him a response within the period agreed by the applicant with the insurer, but no later than three working days from the date of receipt of the said application.

(see text in previous edition)

The insurer is not entitled to demand from the victim the submission of documents that are not provided for by the rules of compulsory insurance.

2. The insurance payment due to the victim for causing harm to his health as a result of a road traffic accident shall be carried out in accordance with this Federal Law at the expense of reimbursement of expenses related to the restoration of the victim's health and lost earnings (income) due to harm to health as a result of a traffic accident.

Insurance payment for harm to health in terms of reimbursement of the necessary costs of restoring the victim's health is carried out by the insurer on the basis of documents issued by authorized police officers and confirming the fact of a traffic accident, and medical documents submitted by medical organizations that provided to the victim medical assistance in connection with the insured event, indicating the nature and degree of damage to the victim's health. The amount of insurance payment in terms of reimbursement of the necessary expenses for restoring the victim's health is determined in accordance with the standards and in the manner established by the Government Russian Federation, depending on the nature and degree of damage to the health of the victim within the limits of the insured amount established by subparagraph "a" of Article 7

Room information insurance policy and the name of the insurer who insured the civil liability of the owner of the vehicle, guilty of the road traffic accident, shall be reported to the pedestrian injured in such a road traffic accident, or his representative on the day of contacting the police department, whose employees completed the documents about such a road traffic accident.

3. After the insurance payment in accordance with paragraph 2 of this article to the victim for causing harm to his health, the insurer additionally carries out the insurance payment in the following case:

a) if, according to the results of a medical examination or research carried out, inter alia, by institutions of forensic medical examination in proceedings on an administrative offense, proceedings in a criminal case, as well as on the appeal of the victim, it is established that the nature and degree of damage to the health of the victim correspond to a larger size insurance payment than was initially determined on the basis of the standards established by the Government of the Russian Federation. The amount of the additionally made insurance payment is determined by the insurer as the difference between the amount payable that corresponds to the established nature of the damage to the health of the victim according to the expert opinion submitted by him, and the insurance payment previously made in accordance with paragraph 2 of this article for causing harm to the health of the victim;

b) if, as a result of harm caused to the victim's health as a result of a road traffic accident, according to the results of a medical and social examination, the victim has been identified with a disability group or the category "disabled child". The amount of the additional insurance payment to be paid is determined by the insurer as the difference between the amount payable that corresponds to the disability group or category "disabled child" indicated in the conclusion of the medical and social examination according to the standards established by the Government of the Russian Federation, and the insurance previously made in accordance with paragraph 2 of this article. payment for causing harm to the health of the victim.

4. In the event that additional costs incurred by the victim for treatment and restoration of the victim's health damaged as a result of a road traffic accident (costs of medical rehabilitation, the purchase of drugs, prosthetics, orthotics, outside care, spa treatment and other costs) and lost to the victim in connection with the harm to his health as a result of a road traffic accident, earnings (income) exceeded the amount of the insurance payment made to the victim in accordance with paragraphs 2 and this article, the insurer shall reimburse these expenses and lost earnings (income) upon confirmation that the victim needed in these types of assistance, as well as with documentary evidence of the amount of lost earnings (income) that the victim had or definitely could have at the time of the insured event. The amount of the insurance payment made in accordance with this clause is determined by the insurer as the difference between the loss of the injured person's earnings (income), as well as additional costs, confirmed by documents that are provided for by the rules of compulsory insurance, and total amount insurance payment made in accordance with paragraphs 2 and this article for causing harm to the health of the victim.

5. The insurance payment in terms of compensation for the lost earnings (income) is carried out at a time or in another procedure established by the rules of compulsory insurance.

The total amount of insurance payment for causing harm to the health of the victim, carried out in accordance with paragraphs 2 - of this article, may not exceed sum insured established by subparagraph "a" of Article 7 of this Federal Law.

Insurance payment for causing harm to the health of the victim is carried out to the victim or to persons who are representatives of the victim and whose authority to receive the insurance benefit is duly certified.

6. In the event of the death of the victim, the right to compensation for harm is vested in persons who, in accordance with civil law, have the right to compensation for harm in the event of the death of the breadwinner, in the absence of such persons - the spouse, parents, children of the victim, citizens whose victim was dependent, if he had no independent income (beneficiaries).

7. The amount of insurance payment for causing harm to the life of the victim is:

no more than 25 thousand rubles on account of reimbursement of burial expenses - to persons who incurred such expenses.

8. The insurer within 15 calendar days, excluding non-working holidays, from the date of acceptance of the first application for insurance compensation in terms of compensation for harm caused to the life of the victim as a result of an insured event, accepts applications for insurance compensation and documents provided for by the rules of compulsory insurance from other beneficiaries. Within five calendar days, with the exception of non-working holidays, after the end of the specified period for accepting applications from persons entitled to compensation for harm in the event of the death of the victim, the insurer shall pay insurance indemnity.

(see text in previous edition)

The insurance payment, the amount of which is established by the second paragraph of clause 7 of this article, shall be distributed equally among the persons entitled to compensation for harm in the event of the death of the victim. Insurance payment in terms of compensation for harm caused to the life of the victim is carried out at a time.

A person who has the right to compensation for harm in the event of the death of the victim as a result of an insured event and who has presented the insurer with a claim for insurance compensation after the insurance payment for this insured event has been distributed among persons entitled to compensation for harm in the event of the death of the victim, has the right to demand from of these persons to return the part of the insurance payment due in accordance with this Federal Law or to demand payment of compensation for harm from the person who caused harm to the life of the victim as a result of this insured event, in accordance with civil law.

(see text in previous edition)

9. The victim or the beneficiary is obliged to provide the insurer with all documents and evidence, as well as provide all information known to him, confirming the volume and nature of the harm caused to the life or health of the victim.

9.1. In the event that several participants in the road traffic accident are recognized as responsible for harm caused to the life or health of the victim in the event of the occurrence of the same insured event, the insurers jointly and severally carry out the insurance payment to the victim in terms of compensation for the specified harm in the manner prescribed by paragraph 22 of this article. In this case, the total amount of the insurance payment made by the insurers may not exceed the amount of the insurance amount provided for in subparagraph "a" of Article 7 of this Federal Law.

10. When causing damage to property in order to clarify the circumstances of the damage and determine the amount of losses to be compensated by the insurer, the victim intending to exercise his right to insurance compensation or direct compensation for losses within five working days from the date of filing an application for insurance compensation and attached to it in in accordance with the rules of compulsory insurance of documents is obliged to present the damaged vehicle or its remains for inspection and (or) an independent technical examination carried out in the manner prescribed by Article 12.1 of this Federal Law, other property for inspection and (or) independent expertise(assessment) carried out in the manner prescribed by the legislation of the Russian Federation, taking into account the specifics established by this Federal Law.

(see text in previous edition)

In the event that the inspection and (or) independent technical expertise, independent expertise (assessment) of the damaged vehicle, other property or its remains presented to the victim does not allow to reliably establish the existence of an insured event and determine the amount of losses to be reimbursed under the compulsory insurance contract, to find out of these circumstances, the insurer, within 10 working days from the moment the victim submits an application for insurance compensation, has the right to inspect the vehicle, when using which the victim's property was damaged, and (or) at its own expense, organize and pay for an independent technical examination in relation to this vehicle in the procedure established by Article 12.1 of this Federal Law. The owner of a vehicle, during the use of which the victim's property was damaged, is obliged to present this vehicle at the request of the insurer.

(see text in previous edition)

In the event that the nature of the damage or the features of the damaged vehicle, other property preclude its presentation for inspection and independent technical expertise, independent expertise (assessment) at the location of the insurer and (or) expert (for example, damage to the vehicle, excluding his participation in the road motion), this is indicated in the application and the specified inspection and independent technical examination, independent examination (assessment) are carried out at the location of the damaged property within a period of not more than five working days from the date of submission of the application for insurance compensation and attached to it in accordance with the rules compulsory insurance of documents.

(see text in previous edition)

11. The insurer is obliged to inspect the damaged vehicle, other property or its remains and (or) organize their independent technical examination, independent examination (assessment) within a period of not more than five working days from the date of receipt of the application for insurance compensation or direct compensation for losses with attached documents stipulated by the rules of compulsory insurance, and to familiarize the victim with the results of the examination and independent technical examination, independent examination (assessment), unless another period is agreed by the insurer with the victim. An independent technical examination or an independent examination (appraisal) is organized by the insurer in case of contradictions between the victim and the insurer concerning the nature and list of visible damage to property and (or) the circumstances of causing damage in connection with damage to property as a result of a road traffic accident.

(see text in previous edition)

If the victim fails to provide the damaged property or its remains for inspection and (or) independent technical expertise, independent expertise (assessment) on the date agreed with the insurer, the insurer agrees with the victim a new date for the inspection and (or) independent technical expertise, independent expertise (assessment) of the damaged property or its remains. In this case, if the victim fails to fulfill the obligation established by paragraphs 10 and this article to submit damaged property or its remains for inspection and (or) independent technical expertise, independent expertise (assessment), the time period for the insurer to make a decision on insurance compensation, determined in accordance with paragraph 21 of this article for excluding non-business holidays.

(see text in previous edition)

The compulsory insurance contract may provide for other periods during which the insurer is obliged to arrive for inspection and (or) independent technical expertise, independent expertise (assessment) of damaged property or its remains, if they are carried out in hard-to-reach, remote or sparsely populated areas.

If the victim fails to present damaged property or its remains for inspection and (or) independent technical expertise, independent expertise (assessment) on the date agreed with the insurer in accordance with paragraphs one and two of this clause, the victim is not entitled to independently organize an independent technical expertise or independent expertise ( assessment) on the basis of paragraph two of clause 13 of this article, and the insurer has the right to return without consideration the application submitted to the victim for insurance compensation or direct compensation for losses together with the documents provided for by the rules of compulsory insurance.

(see text in previous edition)

The results of an independent technical examination independently organized by the victim, an independent examination (assessment) of damaged property or its remnants are not accepted to determine the amount of insurance compensation if the victim has not presented the damaged property or its remnants for inspection and (or) an independent technical examination, independent examination ( estimates) on the dates agreed with the insurer in accordance with paragraphs one and two of this clause.

(see text in previous edition)

In the event that the insurer returns to the victim on the basis of paragraph four of this clause of the application for insurance compensation or direct compensation for losses together with the documents provided for by the rules of compulsory insurance, the terms established by this Federal Law for the insurer to inspect the damaged property or its remains and (or) organize their independent technical expertise , independent examination (assessment), as well as the terms for the insurer to make insurance payments or issue a referral to the victim for repairs or send him a reasoned refusal in insurance indemnity are calculated from the day the victim re-submits to the insurer an application for insurance indemnity or direct indemnification of losses together with the documents provided for by the rules of mandatory insurance.

(see text in previous edition)

12. If, based on the results of the inspection of the damaged property or its remains, the insurer and the victim have agreed on the amount of insurance compensation and do not insist on organizing an independent technical examination or independent examination (assessment) of the damaged property or its remains, the examination is not carried out.

(see text in previous edition)

13. If, after the inspection of the damaged property or its remnants by the insurer, the insurer and the victim have not reached an agreement on the amount of insurance compensation, the insurer is obliged to organize an independent technical examination, an independent examination (assessment), and the victim - to submit the damaged property or its remains for an independent technical examination. , independent examination (assessment).

(see text in previous edition)

If the insurer has not examined the damaged property or its remnants and (or) has not organized an independent technical examination, independent examination (assessment) of the damaged property or its remnants within the time period specified in paragraph 11 of this article, the victim has the right to independently apply for a technical examination or examination (assessment). In this case, the results of an independent technical examination independently organized by the victim, an independent examination (assessment) are accepted by the insurer to determine the amount of insurance compensation.

(see text in previous edition)

14. The cost of an independent technical examination, an independent examination (assessment), on the basis of which the insurance compensation is carried out, is included in the list of losses subject to compensation by the insurer under the compulsory insurance contract.

(see text in previous edition)

15. Insurance compensation for damage caused to the victim's vehicle (except for cars owned by citizens and registered in the Russian Federation) may be carried out at the victim's choice:

(see text in previous edition)

by organizing and paying for the restoration of the damaged vehicle of the victim at the service station, which was chosen by the victim in agreement with the insurer in accordance with the rules of compulsory insurance and with which the insurer has concluded an agreement for the organization of restoration repair (compensation for the damage caused in kind);

(see text in previous edition)

by issuing the amount of the insurance payment to the victim (beneficiary) at the insurer's cash desk or transferring the amount of the insurance payment to the bank account of the victim (beneficiary) (cash or bank transfer).

(see text in previous edition)

15.1. Insurance compensation for damage caused passenger car owned by a citizen and registered in the Russian Federation is carried out (except for the cases established by paragraph 16.1 of this article) in accordance with paragraph 15.2 of this article or in accordance with paragraph 15.3 of this article by organizing and (or) paying for the restoration of the damaged vehicle the victim (compensation for the harm caused in kind).

The insurer, after inspecting the damaged vehicle of the victim and (or) conducting its independent technical expertise, issues the victim a referral for repair to the service station and pays for the cost of the repair of the damaged vehicle of the victim carried out by such a station in the amount determined in accordance with the unified methodology for determining the amount of expenses for refurbishment in relation to the damaged vehicle, taking into account the provisions of the second paragraph of clause 19 of this article.

When carrying out refurbishment in accordance with clauses 15.2 and 15.3 of this article, it is not allowed to use used or refurbished components (parts, assemblies, assemblies) if, in accordance with the unified method for determining the amount of expenses for refurbishment in respect of the damaged vehicle, replacement is required. components (parts, assemblies, assemblies). Otherwise, it may be determined by agreement between the insurer and the victim.

Minimum guarantee period for work on the restoration of a damaged vehicle is 6 months, and for bodywork and work related to the use of paints and varnishes, 12 months.

In the event that deficiencies in the restoration of a damaged vehicle are identified, their elimination is carried out in the manner prescribed by paragraph 15.2 or 15.3 of this article, unless a different way of eliminating these deficiencies has been chosen by an agreement concluded in writing between the insurer and the victim.

The claim of the injured against the insurer in relation to the results of the restoration repair of the damaged vehicle shall be considered taking into account the specifics established by Article 16.1 of this Federal Law.

15.2. The requirements for the organization of refurbishment are, among other things:

the term for the restoration of the damaged vehicle (but not more than 30 working days from the date the victim presents such a vehicle to the service station or the transfer of such a vehicle to the insurer to organize its transportation to the place of restoration);

criteria for the accessibility for the victim of the location of the restoration of the damaged vehicle (at the same time, at the choice of the victim, the maximum length of the route laid along the roads common use, from the place of the traffic accident or the place of residence of the victim to the service station cannot exceed 50 kilometers, unless the insurer has organized and (or) paid for the transportation of the damaged vehicle to the place of restoration and back);

the requirement to preserve the warranty obligations of the vehicle manufacturer (refurbishment of a vehicle, from the year of manufacture of which less than two years have passed, must be carried out by a service station, which is legal entity or individual entrepreneur registered on the territory of the Russian Federation and performing service maintenance of such vehicles on their own behalf and at their own expense in accordance with an agreement concluded with the manufacturer and (or) importer (distributor) of vehicles of certain brands).

If the insurer has an agreement for the organization of refurbishment with a service station that complies with the requirements for organizing refurbishment for a specific victim established by the rules of compulsory insurance, the insurer sends his vehicle to this station to carry out refurbishment of such a vehicle.

If none of the stations with which the insurer has contracts for the organization of refurbishment does not comply with the requirements established by the rules of compulsory insurance for organizing refurbishment in relation to a specific victim, the insurer, with the consent of the victim in writing, may issue the victim a referral for repairs to one of such stations. In the absence of this consent, compensation for damage caused to the vehicle is carried out in the form of an insurance payment.

15.3. With the consent of the insurer in writing, the victim has the right to independently organize the restoration of his damaged vehicle at a service station, with which the insurer does not have an agreement on the organization of restoration repair at the time the victim submits an application for insurance compensation or direct compensation for losses. In this case, in the application for insurance compensation or direct compensation for losses, the victim indicates the full name of the selected service station, its address, location and payment details, and the insurer issues a referral to the victim for repairs and pays for the restoration repairs carried out.

16. Compensation for damage caused to the property of the victim who is not a vehicle is carried out in the manner prescribed by paragraph three of clause 15 of this article.

16.1. Insurance compensation for damage caused to a passenger car owned by a citizen and registered in the Russian Federation is carried out by issuing the amount of the insurance payment to the victim (beneficiary) at the insurer's cash desk or transferring the amount of the insurance payment to the bank account of the victim (beneficiary) (cash or bank transfer) in case:

a) complete loss of the vehicle;

b) the death of the victim;

c) infliction of grave or moderate harm to the health of the victim as a result of the occurrence of an insured event, if in the application for insurance compensation the victim has chosen this form of insurance compensation;

d) if the victim is a disabled person specified in paragraph one of clause 1 of Article 17 of this Federal Law, and in the application for insurance compensation has chosen such a form of insurance compensation;

E) if the cost of restoring the damaged vehicle exceeds the value established by subparagraph "b" of Article 7, paragraph 22 of this article, all participants in the road traffic accident are recognized as responsible for the damage caused, provided that in these cases the victim does not agree to make an additional payment for the repair of the service station;

G) the existence of an agreement in writing between the insurer and the victim (beneficiary).

17. If, in accordance with the second paragraph of clause 15 or clauses 15.1-15.3 of this article, compensation for harm is carried out by organizing and (or) paying for the restoration of the damaged vehicle, the victim indicates this in the application for insurance compensation or direct compensation for losses.

(see text in previous edition)

The insurer posts on its official website in the information and telecommunication network "Internet" information about the list of service stations with which it has concluded contracts for the organization of refurbishment, indicating the addresses of their location, brands and year of manufacture of the vehicles they serve, approximate terms carrying out restoration repairs, depending on the volume of work performed and workload, information about their compliance with the requirements for organizing restoration repairs established by the rules of compulsory insurance, and maintains it up to date. The insurer is obliged to provide this information to the victim (beneficiary) to choose a service station when contacting the insurer with an application for insurance compensation or direct compensation for losses.

(see text in previous edition)

The change in the scope of work on the restoration of the damaged vehicle, the time and conditions for the restoration repair must be agreed by the service station with the insurer and the victim.

(see text in previous edition)

The procedure for resolving issues related to the revealed hidden damage to the vehicle caused by the insured event is determined by the service station in agreement with the insurer and the victim and is indicated by the service station when accepting the victim's vehicle in the direction of repair or in another document issued to the victim.

The procedure for settling issues of payment for repairs not related to the insured event is determined by the service station in agreement with the victim and is indicated by the service station in the document issued to the victim when the vehicle is accepted for repair.

In the direction for repairs issued by the insurer on the basis of the second paragraph of clause 15 of this article, the possible amount of the additional payment made by the service station to the victim for refurbishment on the basis of the second paragraph of clause 19 of this article is indicated.

(see text in previous edition)

In the event that the cost of restoration repair of a damaged vehicle, payable by the insurer in accordance with Clause 15.2 or 15.3 of this Article, exceeds the insurance amount established by Subclause "b" of Article 7 of this Federal Law, or maximum size insurance indemnity established for cases of registration of documents on a road traffic accident without the participation of authorized police officers, or if, in accordance with paragraph 22 of this article, all participants in the road traffic accident are recognized as responsible for the harm caused and the victim agrees in writing to make additional payments for the restoration of the damaged vehicle, the insurer determines the amount of the additional payment that the victim will have to make to the service station, and indicates it in the direction given to the victim for repair.

The obligations of the insurer to organize and pay for the restoration repair of the victim's vehicle, assumed by him on the basis of paragraph two of clause 15 or paragraphs 15.1 - 15.3 of this article, are considered to be fulfilled by the insurer properly from the moment the victim receives the repaired vehicle.

(see text in previous edition)

The insurer that issued the order for repair is responsible for the failure of the maintenance station to comply with the deadline for transferring the repaired vehicle to the victim, as well as for violation of other obligations for the restoration of the victim's vehicle.

(see text in previous edition)

17.1. If the Bank of Russia reveals that the insurer has repeatedly (two or more times) in the course of one year a breach of repair repair obligations, including the obligation to arrange and (or) pay for it, the Bank of Russia shall have the right to decide to restrict such insurer's performance of compensation for damage caused by in kind in accordance with clauses 15.1 - 15.3 of this article for a period of up to one year (hereinafter - the decision on restriction). The insurer who has received the decision on the restriction, in relation to the victims who apply for insurance compensation for harm or direct compensation for losses after the date of the decision on the restriction, shall compensate for the damage caused to the vehicle in the form of an insurance payment, except for the case when the victim notified the insurer on the adoption of a restriction decision in relation to him, confirms his consent to compensation for damage caused to his vehicle, in kind. In this case, the insurer organizes and (or) pays for the restoration of the damaged vehicle in accordance with

A very interesting explanation for the victims of the accident was given by the Supreme Court of the Supreme Court when it was reviewing one standard case. More precisely, a monetary dispute between the car owner and the insurers.

We have had a lot of such conflicting clarifications lately. Most of them don't make it to court. And of those who have reached, not everyone eventually gets to the highest court of the country, which explains, first of all, to the judges themselves, how to properly resolve such disputes.

So, the standard situation is an accident involving several cars. One of the cars, driven by a woman, was seriously damaged. The traffic police found guilty of the collision one of the drivers, who, by his behavior on the road, "collected" several cars.

The insurance company paid the lady to repair the car. But - minimal. The rest she had to lay out of her pocket. The woman went to court with a claim against the insurers and the perpetrator of the accident, demanding compensation for the money spent. The district court, having received the claim, wrote to the woman that the case was left without consideration, since the lady "did not follow the pre-trial procedure for considering the dispute." They also wrote to the woman that if she followed this procedure, she could go to court again. These key words - about non-compliance with the pre-trial procedure for considering a case - are a frequent argument of courts when they decide not to consider any dispute.

The need to comply with the pre-trial order is stated in Article 222 of the Civil Procedure Code.

If we translate the wording of this article into our specific case, then the lady refused to provide the car for inspection by independent experts, whom the insurers called them. In court, the woman explained that as soon as she repaired the car, she immediately sold it. Well, if so, the court decided, the claim will remain without consideration.

After such a decision of the district court, the woman went further and higher up the judicial ladder. The cassation instance canceled the decision of the district court and sent the case back to district court.

But after her, the decision to return the case for a new consideration was canceled by the supervisory instance and said: in the district court everything was decided correctly and this verdict should be left.

The injured lady had no choice left. It is impossible to return the car to its previous form, and it has long become the property of other people. And without being examined by "independent experts" in court, they did not want to talk to her.

The Supreme Court turned out to be the last resort.

And then the woman realized that she had fought correctly, because the Judicial Collegium for Civil Cases of the Armed Forces considered the plaintiff's claims fair and, most importantly, legal.

Well, then what to do with non-compliance with the dispute settlement procedure and with Article 222 of the Civil Procedure Code?

And to this the Supreme Court stated the following. According to Article 222 of the Code of Civil Procedure, the court has the right to leave the application without consideration, but in strictly defined cases. If the plaintiff does not comply with the procedure, "the established federal law for this category of cases or the pre-trial procedure for resolving the dispute is provided for by the agreement of the parties. "

The Supreme Court concludes that presenting a car for inspection to an insurer is not a pre-trial procedure for resolving a dispute, as Article 222 of the Code of Civil Procedure says.

By law, the inspection of a damaged vehicle is carried out regardless of the occurrence of a dispute between the owner and the insurer. This is just a required procedure. And receiving her pennies from the insurers, the woman has already done this. By the way, according to the same law on transport insurance, an inspection is only needed to clarify "the circumstances of the damage and determine the amount of damage that must be reimbursed."

In addition, the Supreme Court said, the woman made "monetary" claims not only against the insurers, but also against an individual citizen - the culprit of the accident.

And the district court simply did not notice this and left the whole claim without consideration. Which was completely wrong and illegal.

Insurance

Recently, the Supreme Court has increasingly taken the side of the car owner, which can only be good news.

So, for example, in this case, the owner of the car was not at all obliged to provide the car for inspection. According to the latest decisions of the Supreme Court, the money spent on car repairs, confirmed by invoices from the company that restored the car, was supposed to be compensated by the insurance company.

In cases when it comes to payments for voluntary CASCO insurance, the insurer, according to the decision of the same Supreme Court, has even more responsibilities. It must compensate for repairs without taking into account wear and tear. For compulsory motor third party liability insurance, the accounting of depreciation is prescribed in the law. In addition, the insurer for voluntary types of insurance must also pay for the loss of commodity value. It is clear that after overhaul the car, it greatly loses in value.

Such verdicts of the country's main court, in favor of citizens, but against insurers, make the latter increasingly demand an increase in the price of the policy.

To date, insurers have already addressed with pitiful letters wherever possible. They wrote to the government, the finance ministry and the State Duma. In these letters, insurers describe the features financial flows in the insurance business. According to them, the standard "commodity-money-commodity" scheme cannot be applied in the insurance business.

Here the investments, that is, the insurance fee, pays off for years. So for the accident that happened today, they may have to pay in a few years. Therefore, the tariff for compulsory motor third party liability insurance must be increased. As for OSAGO, not always the amounts that the insurance company pays are enough for full repairs.

In this case, no one took away from the car owner the right to make claims not only to the insurer, but also to the owner of the car, through whose fault the damage was caused. And, as practice shows, the courts for the most part make decisions in favor of the injured car owner.

Let's remind that the most "popular" cause of accidents on our roads is the inconsistency of speed with road conditions. Often, drivers really do not take into account the formation of ice under the wheels or unexpected puddles.

But most often all accidents are written off under this category,

for which it is difficult to establish their cause. Due to mistakes in the choice of speed, almost 58 thousand accidents occurred last year. In second place are accidents due to deficiencies in the road network. Last year, there were almost 43 thousand road accidents.

by the way

There are two laws that deal with the problem of an injured woman. These are the 1992 Law "On the Organization of Insurance Business in the Russian Federation" and the Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" adopted ten years later. In both laws, there is simply no requirement for out-of-court dispute resolution. The law on car insurance says that the insurer has the right to refuse to pay in whole or in part if the damaged property is repaired or its remains are disposed of before an independent examination and does not allow "to reliably establish the existence of an insured event or the amount of losses under OSAGO."

The issuance of OSAGO policies provides for the mutual rights and obligations of the policyholder and the insurer, provided for by the "Regulations on the rules for compulsory civil liability insurance of vehicle owners." This resolution was approved in 2014 by the Bank of Russia and has been changed several times since then. One of the most controversial rules of this by-law is the procedure and grounds for inspecting a car before concluding an OSAGO contract.

The procedure for the inspection under OSAGO until 2015

Until July 2015, when amendments to the Law "On MTPL" came into force regarding the introduction of the possibility of remote purchase of a policy, there was a rule on the right of an insurance company to inspect a car. At the same time, clause 1.7 of the Rules regulated that such an examination could be carried out at the place of residence of a citizen, however, the exact place of examination could be established by agreement between the parties.

Thus, if the insurance company decided to inspect the car, i.e. to exercise his legal right to establish the actual condition of the vehicle, the insured did not have the opportunity to refuse such a condition when issuing an OSAGO policy. The parties could only discuss the location of the survey, while its option was entirely at the discretion of the insurance company.

In practice, this led to abuse on the part of insurance companies, which, under the pretext of the need to conduct an inspection before concluding an OSAGO policy, made it possible to avoid it by purchasing additional services.

A citizen who applied for an OSAGO insurance could only influence the choice of the place of inspection, but not the company's right to conduct it. This circumstance created uncertainties and gave rise to complaints from car owners, while the actual need for an inspection in most cases was not from the insurance companies.

What has changed in 2015?

Since July 2015, this rule has undergone significant changes, the essence of which is as follows:

the insurance company retained the right to conduct an inspection of the car, but now it depends on the result of an agreement between the parties on the place of its conduct;
the agreement on the place of the inspection depends on the mutual consent of both parties, and if it has not been reached, the insurer cannot oblige the citizen to fulfill this condition;
if the OSAGO policy is issued by a remote method (through online electronic services), the car is not inspected under any circumstances.

Thus, since July 2015, new legislative provisions have allowed citizens to legal basis avoid the inspection procedure. To do this, it is enough to provide the insurance company with a written objection regarding any proposed location for the inspection of the car when registering OSAGO. In this case, the insurance companies will have no reason to exercise their right to inspect the car.

Remote registration of the OSAGO policy does not require a personal appeal to the insurance company, the owner of the vehicle can perform all the necessary actions online through electronic services. In such circumstances, conducting a car survey is not only impractical, but also difficult to implement in practice, because the insurer and the citizen may be located in different regions of the country.

Dispute settlement procedure

With the introduction of new rules for issuing an OSAGO policy, including in terms of conducting a pre-insurance inspection of a vehicle, insurance companies have no longer one of the grounds for refusing to conclude an insurance contract. Earlier, if a citizen refused to provide a car in kind for the survey, the insurer had the opportunity to substantiate the refusal to issue an OSAGO policy with this particular rule of law.

Currently, there is no such reason, and the compulsion to conduct an inspection has become virtually impossible. If the representatives of the insurance company still set the applicant a condition to provide the car for inspection, the owner of the vehicle has the right.