“I will always remember this trip!” exclaims the mother of three-year-old Zakhar, who fell ill at a Turkish resort. On the seventh day of rest in a five-star hotel in a small village an hour's drive from the city of Kemer, the baby was severely poisoned. “For two days he vomited like a fountain, he could neither drink nor eat. Nothing from the range of medicines that we had with us in case of serious poisoning helped,” Irina complains.
When the tourists realized that the child's illness was more serious than they thought, they tried to get through to the representative of the insurance company, whose policy they bought along with the ticket. “It was necessary to report the insured event to one of the CIS countries. We called the Skype specified in the insurance contract to make it cheaper - they explained to us that we need to contact it by phone, they will not accept the application via Skype and will not give instructions. For two days they called from the reception to the Turkish mobile number indicated in the contract - the call was cut off each time before being connected. Useless assistance, we were left to our own devices,” says Irina.
Tourists thought to go to the local hospital on their own, but the tour operator's manager warned that it would cost $1,000 - and a taxi to the nearest hospital, and tests, and a doctor's appointment. In the end, the situation was saved by the director of a pharmacy nearby, who received his medical education in Lvov and spoke Ukrainian. He prescribed anti-emetics and medicines for poisoning, and after a couple of days the child recovered. But the vacation was already ruined.
To avoid such a situation, you should carefully choose a travel insurance policy when traveling abroad. And if you buy insurance along with a ticket, then take an interest in the level of the policy and the features of assistance for it. Perhaps it will be cheaper to order another policy (if it is not possible to refuse the one imposed by the tour operator) than to remain abroad without treatment later.
According to a study by Prostobank Consulting as of 07/28/2015, a 14-day medical and additional cost insurance policy for traveling abroad for 14 days, purchased from Ukrainian insurance companies, will cost 100-800 hryvnia for a child of two years and 100-400 hryvnia per adult. Policies for countries European Union(both to Greece and Germany) in some companies a little cheaper and in others at the same price.
When the buyer of the policy needs medical services abroad, according to the terms of the contract, he must contact the company - a foreign partner of the UK, which sold him the insurance. This company will provide the insured with the so-called assistance - it will inform which hospital to apply to and tell important nuances about medical care in his particular case.
It is noteworthy that the same companies often act as partners of different Ukrainian insurance companies abroad. For example, in the summer of 2015, the most common companies providing assistance to Ukrainians abroad are Balt Assistance and Smile Assistance. “Indeed, there are few assisting companies on the market, and the principle of service is the same. The same can be said about supermarkets: the same suppliers of products, general principle services, but some we like more than others. It all depends on how Insurance Company works with an assistant. What are their service algorithms, what are the requirements for the timing of the organization of assistance, ”says Olga Sidoruk, manager of the department personal insurance PZU companies in Ukraine.
According to insurers, if the same partner abroad is in different UK, this does not mean that tourists abroad will be served the same way. In fact, the range of services is determined by the terms of the contract between the UK and a foreign partner and the UK with a tourist. “The assisting company is obliged to serve the insured person within the terms of the insurance contract, that is, when choosing an insurer, the terms of the contract are the priority, and not the assisting company,” says Yulia Levchenko, Deputy Head of the Personal Insurance Department of TAS Insurance Group.
As a rule, insurance programs from insurers differ in their parameters - the sums insured, the terms of payment, the list of medical and additional services, exceptions, and so on. Most noticeable is the difference in sublimits - additional restrictions on the sums insured for certain types of assistance. “For example, in company A, a sublimit of 100 euros is allocated for dentistry, in company B - 150 euros. If emergency dental care for a tourist costs 150 euros, then under the policy of company A you will have to pay extra 50 euros,” explains Vitaly Grebenik, deputy director for direct sales of ASKO-Medservice insurance company.
“For example, if the total sum insured is UAH 30,000 in the contract, then the sublimit for outpatient care can be only 1,000 euros. It is even worse when there is a sublimit for one of the most expensive types of medical care - inpatient care," Olga Sidoruk warns.
Another nuance that you need to pay attention to before buying a policy is exclusions from the list of insurance events. “For example, one company covers losses that occurred while riding a touring bike, while another does not, a third considers this an additional risk and asks for an additional payment for it. Even if the assisting company is the same for all three insurers, it will act differently,” Olga Sidoruk says.
In some insurance companies, you can choose a policy without assistance - it will be cheaper than with such a service. In this case, you will be compensated for medical expenses after contacting the insurer in your home country. For policies that provide assistance, an ex post reimbursement scheme is also available. “As a rule, the policy also provides for the possibility of self-payment of medical services by a tourist with subsequent reimbursement of the funds spent upon returning to Ukraine. At the same time, the tourist must inform the assistance about the disease, and the operator will recommend which doctor to contact. There are policies on the market without assistance services, but they are not suitable for traveling to a country in the Schengen zone,” says Victoria Voloshina, Chairman of the Board of IC NOVA.
There are a few clear cases where you will have to pay for medical services yourself. “Self-payment is possible only in cases where the client reported the event after receiving the honey. help, or when the client is in a small town where there is no clinic, and the appointment is conducted by one private doctor for cash payment. When it comes to inpatient treatment, the bills for it are really huge, so the insurance company makes settlements with the clinic by bank transfer,” says Olga Sidoruk.
In order to be able to contact the assistance without problems, think in advance how you will do this. The cheapest thing is to buy a local mobile operator card. The most expensive thing is to call from a hotel room. In some hotels you can call the reception for free. Also, some managers of tour operators offer their mobile phones to the guests in case of emergency.
Insurers recommend not to pay for services on your own, but to contact the assistance in any case. “Another point confirming the expediency of applying for assistance is the competence of doctors and an established network of medical institutions that provide quality medical services. In addition, in a foreign city it is difficult to navigate in a situation where a person feels bad. Some drugs familiar to us in Ukraine may not be sold in the destination country. And the language barrier can affect the quality of medical care and lead to the fact that the doctor incorrectly diagnoses the disease, ”explains Vitaly Grebenik.
In any case, if you do not inform the assistance about the insured event within the period specified in the contract (usually two days from the date of the event), you will not receive compensation. This rule also applies to particularly difficult cases with transportation by ambulance: you must notify the assistance as soon as possible and provide the hospital with your policy. “In emergency cases, when the patient himself cannot seek help, this can be done by a relative, a person with whom he travels together, medical personnel,” says Vitaly Grebenik.
If you rest in a place remote from large cities, then it is possible that your assistance does not apply to the nearest hospitals. “There are situations when a tourist is in an area where the assistance company does not have an agreement with a nearby clinic. In this case, two options can be offered - the tourist pays for the treatment on his own with subsequent reimbursement of the amount spent, or the assistance organizes his delivery to the clinic from a network of partners, ”says Viktoria Voloshina.
If the policyholder is brought to a hospital with which the assistance has not signed an agreement, and at the same time it is forbidden to transport him, then the reimbursement will be processed differently. “In this case, the assistant will negotiate with the medical institution in individually- on the terms of payment and the amount for the medical services provided, provided for by the contract. If the amount for the rendered medical services is small, the client, in agreement with the assistance (with the permission of the IC), can pay for them himself on the spot. Then, upon returning to Ukraine, the insurer compensates the incurred agreed costs in full,” Vitaliy Grebenik explains.
The cost of policies for a child and an adult for a period of 14 days for Turkey and Greece according to a study by Prostobank Consulting as of 28.07.2015, UAH.
Foreign partner | Policy program name | Turkey | Greece |
|||
|---|---|---|---|---|---|---|
For a child 2 years old | For an adult | For a child 2 years old | For an adult |
|||
ALFA INSURANCE | Savitar group | standard | ||||
"Smile Service" LLC, "FIRST ASSIST" (Turkey only) | Program-A | $18.2 | $9.1 | |||
ASKO - Medservice | Smile Assistance | Program-A | ||||
AXA Insurance | Balt assistance | classical | ||||
WELFARE and PROTECTION | Smile Assistance | Program-A | ||||
Program-A2 | ||||||
DOMINANT | Nova assistance | Program-A | ||||
EUROPEAN INSURANCE ALLIANCE | Smile Assistance | Policy when traveling abroad | ||||
ILYCHEVSKOYE | Smile Assistance | |||||
INGO Ukraine | Europe assistance | INSURANCE WHEN LEAVING ABROAD | ||||
International insurance contract, program B | ||||||
Kyiv INSURANCE HOUSE | Balt assistance | travel insurance policy for those traveling abroad | do not insure children under 3 years old | 40-50 cents/day | do not insure children under 3 years old | 40-50 cents/day |
Turkey - Remed, Europe - IT company | PROGRAM "A" | |||||
Policy for traveling abroad: program B | ||||||
EuroCross international Central Europe | Policy for traveling abroad | |||||
program A | ||||||
ROM Ukraine | Balt assistance | |||||
Smile Assistance | Standard | |||||
PROVIDNA | Balt assistance | Traveling abroad | ||||
SIMPLE-insurance | Smile Assistance | Standard | ||||
TAS Insurance Group | All assistants | Standard | ||||
UKRAINIAN INSURANCE GROUP | Smile Assistance | Standard | ||||
Ukrainian insurance capital | Brokbusiness insurance | Standard | ||||
UNIVERSAL | Smile Assistance | |||||
European travel insurance | Standard | |||||
Smile Assistance, Remed | Policy when traveling abroad | |||||
Vitaly Grebenik, Deputy Director for Direct Sales of ASKO-Medservice insurance company
Many insurance companies cooperate with the same assistance company (hereinafter - assistance) on the issue of organizing the provision of medical and additional services to clients who have purchased from them an insurance contract for medical and additional costs while traveling abroad.
Does this mean that the client will receive the same amount of medical and additional services for purchased travel insurance from any of these insurance companies? Definitely - no. Assistance organizes the provision of medical and additional services only to those and to the extent provided for in the travel insurance, and acts within its powers, stipulated by the agreement-orders concluded with the UK.
Therefore, from whom to buy a policy is very important, since the insurance programs provided by travel insurance for all companies may be different.
The scheme of payment for an insured event, so as not to compensate for medical care out of pocket, is as follows:
1) you need to choose the right insurance program that provides coverage for medical expenses in the host country, depending on the purpose of the trip;
2) study the insurance contract - write out assistance telephone numbers for yourself;
3) upon the onset insured event immediately contact the assistance, provide the employees of the medical institution with an insurance policy.
Victoria Voloshina, Chairman of the Board of IC NOVA
It is more convenient for a tourist to receive services through an assistance company. Visiting a medical institution abroad is expensive, and many of our citizens do not have the necessary amount with them, especially for hospitalization. Therefore, most insurance programs provide for emergency medical care through an assistance company.
Previously, there was a situation on the market when the majority of Ukrainian insurers cooperated with CORIS Ukraine (the current name is APRIL Assistance). But today the choice of assistance has expanded significantly. Of course, it is difficult for the consumer to understand all the nuances of the assistance company, and which one is better, but representatives of travel companies, based on the reviews of tourists, are already paying attention to what kind of assistance the insurer works with.
Yulia Levchenko, Deputy Head of the Department of Personal Insurance, IG "TAS"
Some insurance companies do have the same partners abroad, it can be both clinics and assisting companies. However, it is important to remember that when servicing insurance contracts, assisting companies are guided, first of all, by the terms of the insurance contract, that is, the policy that a person acquires when traveling abroad. Thus, the assistance organizes medical care for the insured person exclusively in accordance with the terms of the policy of a particular insurance company (different insurance companies have different conditions). But in the end, it is the terms of the policy that determine the insurance coverage, and not the assisting company. Therefore, the issue of choosing an insurance company remains relevant.
According to the terms of the contracts of most insurance companies, compensation for self-spent funds is provided, as well as the organization of medical services, and subsequent payment to contractors. As a rule, the services are organized by the assistance and paid for by the insurance company, in exceptional cases the insured person is forced to pay for medical care on his own. In such cases, a person must have a certain financial support to pay for services.
The accreditation of an insurance company in the embassy of the country where the insured person is going means that certain conditions of the policy of this insurance company meet the requirements of the host country, but this does not mean that other insurance conditions are the same in the policies of all accredited companies, so customers can be advised to carefully study the insurance contract before signing it.
Just a lot of subtleties and nuances exist in such a problematic topic as insurance payments for a car that cannot be restored after an accident. How not to fall for possible abuses of the insurance company, how to quickly and seamlessly solve the difficulties that arise along the way, how and to whom to sell the remains of a long-suffering car?
Few people, when making CASCO, pay attention to such an item as recognition of the constructive death of the insured car. This is quite natural, because an experienced driver is unlikely to assess his chances of getting into such an accident as high. Nevertheless, anything happens on the road, and it is also due to someone else's fault.
“I was driving to work along my usual route, where I know every hole, every sign, and it seemed to me that I could drive through it with my eyes closed,” says Polina, an experienced driver with ten years of experience. There was an old truck ahead of me. I overtook him on the left side, and at that moment he decided to turn left to refuel. Not only was there no entrance to the gas station - there was a brick. So his rear turn signal didn’t work yet! ” Polina got into the so-called "dead zone" of the truck driver's visibility, and could not know about his desire to turn. “When I had already overtaken him, I saw a working front turn signal, and tried as much as I could to avoid an accident. But the collision happened anyway, the car became uncontrollable, I was skidded, thrown to the side of the road into a tree. Only airbags and a fastened seat belt saved me, - Polina recalls with horror. - The most interesting thing is that the truck driver did not understand what happened. He came up to me and his first phrase was: "From here they bought foreign cars - they fly here." Possible dangers are not limited to such cases: there are plenty of unpredictable situations on the road, and not everything and not always depends on our driving skills. Therefore, it is necessary to study the conditions of insurance before concluding a contract.
The specifics of insurance of "total" damage to a car is that each insurance company has its own approach to recognizing the constructive death of the insured vehicle.
“Insurance approaches are based on the ratio of the cost of restoration repairs to the cost of the car at the time of insurance, that is, to the sum insured,” explains Sergey Mishkur, director of the insurance broker FinansServis LLC. - However, each insurance company takes a different value as a basis. The spread fluctuates in the range of 60 - 75%. In practice, this means that a car worth 100,000 hryvnias can be recognized as structurally destroyed with a cost of restoring repairs of 60,000 hryvnias in one company (60%), and in another, compensation will be paid in the usual manner (75%).”
So, if you have already drawn up a contract, and then got into an accident, and the car is significantly damaged, then you need to agree with your insurance company on whether the car can be restored or not, and for this you need to imagine how much it costs to repair.
Determining the cost of repairing a car is a long and rather complicated procedure. Repair costs cannot be determined visually, and the calculations of maintenance stations are not officially taken into account by the insurance company, but are simply an indicator of whether it is necessary to conduct a special auto-merchandising study for the appraiser. And only the calculation of the damage by the latter determines whether the car can be recognized as unrepairable. If the decision on the constructive death of the car has already been made, then it’s up to you to choose the most optimal tactics of behavior.
As a rule, in the insurance contract for the client, two options for the development of events for the compensation of losses by the insurance company are prescribed. Scheme one: the rest of the car is taken by the insurance company and itself deals with their future fate, while reducing insurance payment on the amount of the deductible, the proportionality of depreciation and other deductions in accordance with the terms of insurance. As a rule, such a scheme is practiced for cars that are on credit from a bank. In this case, the borrower will have to compensate the bank for the lack of funds from the insurance payment to repay the loan from his own pocket.
Scheme two: you keep the broken car for yourself, and then, in addition to everything that is deducted in the first scheme, the cost of the remains, estimated by specialists, will also be deducted from the insurance compensation. And here there is a wide field for activity - after all, the profitability of this item depends on how exactly the assessment of the residues was carried out.
The value of the remains is determined by a separate study after the car was declared unrecoverable. And here come up the nuances associated with the previous stage of determining the cost of restoring a car. The fact is that insurance companies, as a rule, use the services of partner or expert subsidiaries when evaluating repairs. Therefore, theoretically, they have the opportunity for a kind of fraud, in order to subsequently profitably acquire leftovers or minimize damage with leftovers that are very unprofitable to sell. To do this, the IC is simply enough to agree with the expert company on the underestimation or overestimation of the cost of repairs and the cost of residues. And get the desired result: either "total" where it is not, or the absence of a decision on "total" where it is frankly required. As for the assessment of balances, there can also be abuses here: for example, if the car is of interest to the insurance company (for example, in cases where the insurance amount is pegged to the dollar, and it has grown significantly, the cost of the car and its parts has increased accordingly), then the cost residuals may be underestimated. And if you sell the remains of the car yourself, then on the contrary, it is overpriced. Therefore, if you do not agree with expert assessments, then feel free to argue with them at all stages.
If you are not satisfied with the cost of repairs, determined by an expert appraiser proposed by the insurance company, then contact another appraiser that you trust - preferably from a state expert company. To conduct an assessment, it will be enough for you to provide the expert with photos of the damage and a copy of the invoice from the service station. If your suspicions of an inadequate assessment are confirmed, then for negotiations with the insurance company (and for greater persuasiveness in court in the event of a negative development of events), it is worth ordering another expert assessment. If even after that you failed to reach an understanding with the insurance company, then feel free to go to court.
However, the decision for each specific car depends on the situation. “If you have not agreed with the insurance that the car is not “total”, then it makes sense to pick up the leftovers and consider the option of self-repair, since there will not be enough compensation for a similar car. In this case, you can count on a dispute over the value of suitable balances, by which the payment will be reduced. Do not agree - make an alternative assessment, - advises Sergey Mishkur. - The solution may be to repair the car not at an authorized service station. At the same time, try to minimize the cost of repairs. Refuse to replace airbags, for example. This is not very good, but still, you will have a vehicle. If there were no mistakes made during insurance, then get a refund and buy a new car. Although the amount of costs that insurance will not cover can also be significant - depreciation, deductibles, car registration fees, insurance costs, and so on.
The process and result of selling the remnants of a hopelessly damaged car can also grow into a whole problem. Polina, who had an accident with a truck, was looking for buyers of the remains of her car via the Internet - she sent them photos of damage so that they could understand what condition the car was in. “In fact, there were no people interested in buying at all: out of 20 of my appeals, only one was responded to,” Polina shares her experience. “At the same time, gangster-like “brothers” arrived, who took both the car and documents for one and a half thousand dollars: in fact, they bought the remains of the car at the price of documents, despite the fact that the damage was not catastrophic.”
Difficulties are associated with a limited circle of potential buyers. Three categories may be interested in what is left of your car:
It is clear that all three categories of buyers will try to buy from you the remains of a car at a price as low as possible in order to earn more from it. And here there is no panacea - the only way, according to experts, is not to rush to sell. “A longer period will give the opportunity to maneuver for bargaining and getting more favorable conditions", - advises Sergey Mishkur, director of the insurance broker "FinanceService" .
What to expect from the emergency commissioner of your insurance company.
Despite the fact that during his short driving experience, the author of these lines twice got into minor accidents, he did not see the accident commissioner of his insurance company and communicated with him only by phone. Moreover, none of the author's acquaintances - both among beginners in car driving and seasoned racers, regardless of the severity of the "adventures" - have also never met these mysterious employees of insurance companies. However, this does not mean that they do not exist.
Prostobank Consulting will try to figure out how emergency committees can help a car enthusiast, and how they can harm.
What should the ideal emergency commissioner look like?
In the event of your getting into an accident, upon your call:
Are you smiling? Many of these rights / obligations / powers are granted to the emergency committee by Ukrainian legislation (“Model regulation on the organization of the activities of emergency commissioners”, the Law of Ukraine “On compulsory insurance of civil liability of car owners”, etc.), contracts with insurance companies or insurance contracts.
Moreover, if the accident is without casualties, and both / all three / all four, etc. participants are insured, then the emergency committee has the right to draw up a report instead of the traffic police. And then take it to the regional department and then make a romantic journey of dealing with the payment of compensation to you through the authorities. Although, on the other hand, if you and your brand new “girl”, Ivan “Bought-for-lard” on the “six” (it doesn’t matter, Mazda or Zhiguli), who has slightly bounced behind your brand new “girl”, agree that he is to blame, you can figure out the accident scheme with him for two and without emergency committee. And then bring it to the regional department and it will not be considered an escape from the scene of the accident. And it will be faster than through an emergency committee.
However, experienced people still urge to call the traffic police always: what if contradictions arise between the emergency committees of different companies?
However, in order for the miracles described above to happen in the event of your getting into an accident, several conditions must be met.
Thirdly, this emergency committee should not have at this time the registration of another accident / lunch break / corporate party and other circumstances that prevent it from coming to the “scene”. According to the insurance companies themselves, only 15% of emergency committees go to road accidents. And according to the law, he, in principle, is not obliged to appear at the scene of the accident, but must perform his functions within three days.
Fourth, even if the emergency committee arrived, he should have enough skills to resist Sergeant Petrenko-violating (if he had already managed to get to the collision point). In Western countries, emergency committees are practically all savvy lawyers. We are just people with higher education who must understand the car. A law degree is an advantage when applying for a job, but, as a rule, not a decisive one. As a result, as the chairman of the board of one of the large insurance companies told the author, “well, we arrived at an accident - and who are we there?” Although many insurance companies use a rather controversial wording on their websites: they say, emergency committees are almost the car owner's lawyers in the event of an accident. So, if you really need a lawyer, then it’s better to have his number in your mobile phone.
Fifth if the accident commander Serezha Pomagayko won the verbal fight with the sergeant and defended your legal rights (read: provided psychological assistance and prevented psychological pressure from law enforcement officers) of the victim, it is not a fact that, left alone with your car, he will turn on the correct functional keys on your calculator.
His primary task is to find out if the accident is a falsification.. If all the signs of the "veracity" of what is happening are there, then the emergency committee will most likely act on the principle of minimizing the costs of its employer. This can manifest itself in various forms and at different stages. For example, if a part, according to service station specialists (who, by the way, are also not without sin - but today is not about them), is to be replaced, then the emergency committee can easily assess the damage as requiring a maximum of cosmetic repairs. In addition, soft, unobtrusive offers of specific service stations are possible, where "everything will be done cheaper for you." Is it worth it to "be conducted", it is up to everyone to decide for themselves. But practice shows that the quality of work is high where they can be personally controlled.
By the way, the emergency certificate, which is issued by the accident committee, serves only as evidence of the loss. But at the same time, it is only a recommendation for the insurance company regarding the amount of payment. I mean, kind of a gimmick.
Well, the last. Even if the accident commissioner behaved like an exemplary sweetheart at the scene of the incident, it is not necessary that he or the successors of his case in the loss settlement office will knock themselves off their feet, running around the traffic police departments, courts, etc., delivering all your certificates. So in order to move things forward, you can safely call the emergency committee at the office or on your mobile at least twice a week.
… and how to deal with it
As with any specialist, there may be claims against the emergency commissioner, and, in such an ambiguous situation as a road and transport "adventure", they are not unfounded.
The first way to solve the problem of a suspiciously unsuitable specialist for you is call the dispatcher and ask them to send you a new. As you understand, despite the fact that in the country, in principle, there is a tension with emergency committees and intelligent call center operators, implementing this “good advice” from the website of one of the insurance companies is something from the realm of science fiction. And it only works if the emergency committee arrived at the scene drunk as a brat.
If he incorrectly (from your point of view) calculated the damage, did not take into account all the circumstances of the accident, or simply openly familiarizes himself with the traffic cop, there can be two ways out: a complaint to the MTIBU or to the court.
In the first case, “The procedure for attracting accident commissioners by the Motor (Transport) Insurance Bureau of Ukraine to determine the causes of insured events, the amount of damage and verify the actions of the insurer” suggests that the driver can apply to the MTIBU with a request to check the legality of the actions of the insurance company when determining the amount of insurance payment. That is, the Bureau can recalculate the losses. Now the calculation will be carried out not by the emergency commissioner cooperating with the insurance company, but by the MTIBU commissioner. They - and hence the possibility of appeal - are in most regions of Ukraine. You need to get a decision from the insurance company on the amount of payment and write a corresponding application. The bureau will apply to the insurer independently.
But since the conclusion of the MTIBU is exclusively advisory for the insurer, it may be better to immediately go to court.
Other
There are also options for attracting accident commissioners not from an insurance company to an accident. For example, these can be independent experts, representatives of car clubs, companies providing technical support (assistance) on the roads. Their advantage is that they:
The disadvantage of such an emergency committee is that the results of its assessment may seem too client-oriented to the insurance company, and it may appoint its own re-examination of damage. Accordingly, making payments according to their results.
To avoid technical misunderstandings even with an independent accident committee during the registration of the circumstances of an accident, drivers with solid experience and conservative views are advised not to trust him 100%. And in case of an accident, always have a camera with you (at least in mobile phone) to capture the extent of the damage and the scene of the incident. Also, independently record the names and contacts of possible witnesses who, in which case, could speak on your side. And, goes without saying that the car must have an auto insurance policy civil liability and first aid kit.
Road traffic accidents come with different consequences. Thank God, when no one is wounded or injured, and only the “iron” is broken, which can be restored. There are times when a car cannot be restored under OSAGO, this is a little sadder, but also nothing to worry about. How to be in such a situation, consider below.
According to paragraph two, paragraph 18, article 12 federal law"On OSAGO" under the total loss means cases in which the 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 OSAGO (repair cost) is higher than the cost of the car on the date of the accident or equal to this cost. Thus, if your car on the date of the accident, for example, cost 100,000 rubles and the repair of the car will cost the same 100,000 rubles or more, then it is considered that the car is completely dead. It is worth the amount of damage to be in the amount of 99,999 rubles 99 kopecks, then the car did not die.
If the vehicle died, then you are paid its value at the time of the accident in the limit insurance compensation. If the car did not die, then you will receive the cost of repairing the car, minus the notorious wear and tear on replacement parts. When the insurance company pays the full cost of the car on the date of the accident, it may require the car to be returned to it. Such a requirement of the insurer is legal and is based on Article 1102 of the Civil Code of the Russian Federation.
Remember that the insurer is not entitled to claim the car from you until the payment of the insurance indemnity has been made. As the saying goes, "money in the evening, chairs in the morning." Only in that order.
Only an expert technician. He is obliged in his conclusion to calculate the cost of repairs, taking into account all the damage received by the car in an accident. Further, the expert technician is obliged to investigate the market for the cost of cars similar to yours on the date of the accident and make his verdict. An expert technician must take into account all the nuances of your car. Not only the year of manufacture and equipment, but also the external condition of the car, the number of owners, mileage.
In the practice of Antistrakhovshchik, there was a case when a 1957 Moskvich 407 rammed a Subaru Forester. With the help of manual experts, the VSK insurance company calculated the damage by only 10,000 rubles. The independent expert rightly pointed out that cars of this year of manufacture are not repaired, but restored in specialized workshops. A forensic examination, appointed at the request of the insurance company, determined the amount of damage at 56,000 rubles. The interrogation of the forensic expert showed that he did not take into account the many nuances and details damaged in the accident when drawing up the conclusion. And also did not take into account the cost of an hour of work at a specialized car service.
The result was that the court sided with our client and recovered from the insurer the amount of damage in full, namely 119,000 rubles.
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Often, insurance companies recognize the constructive death of a car for their own benefit, and by no means because of technical condition cars. At the same time, managers rely on the legal illiteracy of the client, because such actions are illegal. In what cases can the decision of the insurance company be challenged?
Each insurance company independently decides in which cases it is possible to recognize the constructive death of the car. However, the CASCO rules of most insurers indicate that the total death of the car occurs in the following cases:
In fact, both points mean the same thing, because it is difficult to imagine a situation where, with a repair cost of 40-50 percent of the sum insured, there is no technical possibility to restore the car.
Some companies prefer to indicate in the CASCO rules that the constructive loss of a car can only be recognized by decision of an expert organization.
This condition is extremely burdensome for the car owner. In this case, it is the insurer who decides which company to entrust with the examination, therefore there are no guarantees that the expert will be objective in his assessment.
In the event of a total death of the car, the car owner has the right to decide what to do with the usable remains of the car. Undamaged parts can be handed over to the insurance company or kept for yourself.
In the first case, compensation is paid in the amount of the sum insured. If the car owner decides to use the second option, the insurer will deduct the cost of good balances from the amount of the payment. In both cases, the payment is reduced by the depreciation percentage specified in the CASCO rules.
Some insurance companies have partnerships with intermediaries involved in the sale of emergency vehicles. Such an insurer may offer the client another settlement option insured event. Namely, the car owner sells good leftovers through an intermediary, and the insurer pays compensation minus their cost.
If you decide to use this option, you should ask about the reputation of the intermediary. Sometimes insurance companies cooperate with rather dubious firms, therefore it is impossible to judge the reliability of an intermediary by the reputation of the insurer. Whichever payment option you choose, we will talk about a large sum of money.
Do not be surprised if the insurance company insists on cashless payment. It is more convenient for insurers to pay large sums in a non-cash form.
Each insurer sets its own term for settling the total loss. Most often, insurance companies indicate in the CASCO rules that a decision on a payment case must be made within thirty days. After that, the insurer has another ten days to transfer money. However, these periods can vary greatly from insurer to insurer, so the insured should find out in advance exactly when to expect payment.
But with the start date of the loss settlement period, everything is somewhat simpler. Any company starts counting from the moment when the applicant provided the last required document. You should ask managers for a copy of the act of acceptance and transfer of documents, otherwise it will not be possible to appeal against the actions of the insurer in case of violation of the payment terms.
In some cases, the settlement of the loss may be suspended until the conclusion of an additional agreement on payment. Often, car owners refuse to sign this document, as they are not satisfied with certain clauses of the agreement. This gives the insurer a legitimate reason to delay payment. You can resolve such a conflict situation with the help of abandon.
This term refers to the right of the car owner to refuse the damaged car in favor of the insurance company. To do this, you must submit a written application to the insurance company. After receiving such an application, the insurer is obliged to pay compensation, and the car owner can count on payment in the amount of the sum insured.
The peculiarity of the abandonment is that the owner of the car does not need the consent of the insurer to pay. In the event of a trial, it is sufficient to prove the fact that the application was transferred to the managers of the insurance company. As a rule, insurers prefer to resolve abandonment issues through the courts, so it is better for a car owner to be patient.
Quite often, the decision of the insurer to recognize the complete destruction of the car causes indignation among the car owner. This is not surprising, especially if the car remained on the move after the accident. In addition, often the managers of the insurance company deliberately inflate the cost of repairs in order to get a damaged car. Usually service station employees also participate in such scams.
To be completely sure that the cost of repairs was overstated, you should contact one of the official dealers of a particular brand of car. It is desirable that such a service station does not cooperate with the insurer. Specialists of the dealer service station will determine the cost of work in accordance with the manufacturer's repair technology.
Also, the car owner can contact an independent expert. His opinion and the opinion of the specialists of the dealer service station will help to objectively assess the validity of the decision of the insurer to recognize the constructive death of the car. If the car owner is sure that the insurer is trying to deceive him, you should go to court.
Sometimes, after an accident, insurers and appraisers pronounce a mysterious word - "total", what does it mean? In professional jargon, this means that the car is beyond repair. Determining the boundary of this state of the car after an accident is very simple. You need to look in any online store that sells used cars average cost your car and determine the approximate cost of repairs. If the cost of repairs is more than the cost of the car, then in this case the same “total” comes.
It is quite obvious that the next issue will be the cost of damage that the car owner can recover from the culprit of the accident and the insurance company. Everything is more complicated here. If a car enthusiast has a CASCO insurance policy, then he can, in principle, receive money and give the good remains of the car to the insurance company. This is the least difficult path. If insurance policy There is no CASCO, and all reimbursement occurs within the framework of OSAGO, then the insurance company will reimburse a maximum of 120,000 rubles, and everything else will have to be recovered from the culprit of the accident. And here it is arbitrage practice is very different. It all depends on the quality of the evidence presented in court. And if you have a valuation report made by an independent expert appraiser, then in principle there is nothing to be afraid of. Feel free to hire a competent lawyer and he will do all the work for you. Moreover, all costs for the restoration of your rights, including the costs of the assessment, will be recovered from the culprit.
You should also be aware that when calculating the cost of damage by the appraisers from the insurance company, by chance or not, you will be charged less damage than it actually is. This can be easily explained by the interest of appraisers in a permanent order from appraisal company. Sometimes, these "independent" appraisers are located in the same office space as the IC payment center. A thinking person will immediately think about such an advantageous coincidence of the location of the appraisal company. And when a car enthusiast is paid a penny, only then will he remember his right to conduct an independent examination of damage after an accident.
What tricks are used by the so-called experts sitting under the wing of the insurance company? The first, and very common way, is to underestimate the cost of the car, while overestimating the cost of conditionally suitable residues. This means that when calculating the market price of a car, the referral expert from the insurance company will consider your car according to the cheapest analogues on the market. The cost of the parts that can be sold, he will count as if they were fresh from the assembly line of the plant. And now, instead of the amount covering your damage, you see a few miserable thousand rubles and satisfied faces of the insurance company's payments department. What to do? In this case, you should immediately call us, by phone 924-05-01 .
The second way not to pay the maximum amount of damage from the insurance company is to overestimate the cost of restoration repairs and thus "totally" your car. With this technique, everything returns to the first method of deception. In both cases, it is impossible to trust the conclusions of the appraiser, who was given to you in the direction from the insurance company. It is best to contact our independent experts immediately. At least, none of our appraisers has business with insurance companies. So, if you have any questions, you can consult with our appraisers for free. And do not forget this - the term limitation period to the appraisal company to the culprit of the accident in Russia for 3 years.
After an accident, your car was recognized as unrepairable, in professional language this is called the total death of the vehicle. Surely you are interested in how payments will be made? And they will be produced in accordance with Federal Law 40 of the OSAGO law, namely, in accordance with subparagraph “a” of paragraph 18 of Article 12 of Federal Law 40 on OSAGO. This subparagraph states that if the property of the victim is completely destroyed, then payments will be made in the amount of market value of your property on the day of the insured event, but less usable balances. Good leftovers remain on hand, all that is left of your car, the insurance company is not obliged to take it away, it can take the good leftovers only if you are insured under CASCO, but it is up to you to give the car to the insurance company or not, everything is voluntary. In this case, good residues are understood as serviceable, undamaged units of the vehicle, as well as components and parts. Each part has its own price, and since these parts can be used further on another car, they can be removed from damaged car and sell.
In the OSAGO law, a total loss is understood as a case when the repair of a damaged car is not possible, also if the cost of repairs is equal to the market value of the car (in pre-accident condition) on the date of the insured event or if the cost of repair exceeds the cost of the car.
Example! Your car costs 200 tr, and to repair it, it will take 250 tr, this is the death of the vehicle. In this case, if you sell a car for parts, they can cost 3 times more than your car in disrepair.
In all these cases, the vehicle is considered unrepairable, dead or total.
According to paragraph 5 of Article 10 of the Law "On the Organization of Insurance Activities" of the Russian Federation, the insured, the beneficiary has the right to waive his rights to property in favor of the insurer in order to receive an insurance payment (insurance compensation) from him in full, if the property (in this case, the car ) is lost and cannot be recovered.
This clause with the refusal of the vehicle in favor of the UK 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. They buy wrecked cars very well, so if you were counted worth 50 tr., then you can sell them for more. Therefore, do not rush to give them to the UK, because they will consider wear and tear.
Also, you can not give up ownership and not transfer your car to the UK. Then you will receive the amount of payments minus the available balances and on this you will disperse, but in words everything is simple, but in practice the situation is completely different. Also, do not rush to sign in the UK under all the documents that are slipped to you and agree with everything in a row, first consult with lawyers.
As we all already know, it is beneficial for an insurance company not to pay extra for insured events and it always tries to underestimate its costs (i.e. payments), if in a standard situation when a car is damaged and it can be repaired, the insurance company understates payments, then in the event of a vehicle death, the insurance company, on the contrary, will overestimate the cost of good balances, because this amount will be deducted from your payment, as we have already said, you will receive the amount of money from which the cost of good balances will be deducted. The reason for the abuses on the part of the UK in this case is the lack of a unified methodology for calculating useful residues. Also remember that the insurance company will not be able to pay you over the limit under the OSAGO policy, at the moment the limit is 400,000 tr, that is, if the damage to your car was calculated in the amount of 550,000 tr, then the insurance company will pay you 400,000 tr ., and the rest 150,000 tr. You will recover from the culprit of the accident.
Now let's look at an example of how the insurance will make payments if your car is recognized as total (non-recoverable). If your car in pre-disaster condition was worth 450,000 tr at the average market price at the time of the accident, and the insurance company estimated the usable balance at 250,000 tr. In this case, you will receive 200,000 tr in your hands, this amount will be the amount of damage, as we see in this case, the payment limit has not been exhausted and you will not have to sue the culprit. But as mentioned above, if the damage under OSAGO is more than 400,000 tr, for example, 600,000 tr, then 200,000 tr will have to be recovered from the culprit.
At the moment, due to fluctuations in the exchange rate against the ruble, it has led to an increase in prices for spare parts by almost 2 times, which is what insurance companies took advantage of, because the increase in prices for spare parts led to an increase in the average amount of damage, which led to a tendency for insurance companies to increase the amount damage and artificial creation of situations of death of the car. After all, the higher they estimate the cost of suitable residues, the less the insurance company will have to pay the insured. So it turns out that insurance companies value your broken car (its good remnants) more expensive than it will actually cost and eventually recognize it as total, because the amount of repair, according to their calculations, is quite high and, of course, it will be beneficial for them to recognize the car as not subject to recovery.
Conclusion! If the UK has recognized your car as unrepairable, i.e. unrepairable, that doesn't mean she's right. In such cases, you need to do an examination and recalculate whether your car actually died.
If you think that the insurance company has overestimated the value of good residues, then be sure to independent expertise, because this is the only way you can see the real picture and understand how much you are really entitled to payments under the law.
When you see that you have a very large damage, do not rush to contact the UK, it is better to come and consult with lawyers. Because after signing the documents at the insurance company, where you agree with all payments, we will not be able to protect your rights in court, since the court will recognize your transaction as valid and will tell you why you went to court after you yourself agreed to the terms of the UK, break you will always have time for firewood.
Consultations with us are free, you do not have to immediately conclude an agreement, come, consult and think about how to do the right thing.
Sincerely, Administration "Expert 174".
Car accident due to the fault of the driver. There are no more participants. The car is beyond repair. What should or should not be paid under OSAGO? Thanks
A passenger died in the car.
Azat, good afternoon!
Unfortunately, in this case, there will be no payments, since under this agreement the driver’s liability is insured for causing harm to life, health or property of third parties, and not to himself.
Federal Law No. 40-FZ of April 25, 2002 (as amended on June 23, 2016) “On Compulsory Insurance of Civil Liability of Vehicle Owners”
In order to protect the rights of victims to compensation for harm caused to their life, health or property when using vehicles by other persons, this Federal Law defines the legal, economic and organizational foundations for compulsory insurance of civil liability of vehicle owners (hereinafter - compulsory insurance)
Good luck!
A passenger died in the car. Does it matter? Thank you.
OSAGO - compulsory third party liability insurance - a type of liability insurance in which the object of insurance are property interests associated with the risk of civil liability
owner of the vehicle for obligations arising
due to harm to life, health or property of the victims
when using the vehicle.
In your particular case, no payments for this species insurance is not provided.
This sad fact is irrelevant.
Often, insurance companies recognize the constructive death of a car for their own benefit, and not at all because of the technical condition of the car. At the same time, managers rely on the legal illiteracy of the client, because such actions are illegal. In what cases can the decision of the insurance company be challenged?
Each insurance company independently decides in which cases it is possible to recognize the constructive death of the car. However, the CASCO rules of most insurers indicate that the total death of the car occurs in the following cases:
In fact, both points mean the same thing, because it is difficult to imagine a situation where, with a repair cost of 40-50 percent of the sum insured, there is no technical possibility to restore the car.
Some companies prefer to indicate in the CASCO rules that the constructive loss of a car can only be recognized by decision of an expert organization.
In the event of a total death of the car, the car owner has the right to decide what to do with the usable remains of the car. Undamaged parts can be handed over to the insurance company or kept for yourself.
In the first case, compensation is paid in the amount of the sum insured. If the car owner decides to use the second option, the insurer will deduct the cost of good balances from the amount of the payment. In both cases, the payment is reduced by the depreciation percentage specified in the CASCO rules.
Some insurance companies have partnerships with intermediaries involved in the sale of emergency vehicles. Such an insurer can offer the client another option for settling an insured event. Namely, the car owner sells good leftovers through an intermediary, and the insurer pays compensation minus their cost.
If you decide to use this option, you should ask about the reputation of the intermediary. Sometimes insurance companies cooperate with rather dubious firms, therefore it is impossible to judge the reliability of an intermediary by the reputation of the insurer. Whichever payment option you choose, we will talk about a large sum of money.
Do not be surprised if the insurance company insists on cashless payments. It is more convenient for insurers to pay large sums in a non-cash form.
Each insurer sets its own term for settling the total loss. Most often, insurance companies indicate in the CASCO rules that a decision on a payment case must be made within thirty days. After that, the insurer has another ten days to transfer money. However, these periods can vary greatly from insurer to insurer, so the insured should find out in advance exactly when to expect payment.
But with the start date of the loss settlement period, everything is somewhat simpler. Any company starts counting from the moment when the applicant provided the last required document. You should ask managers for a copy of the act of acceptance and transfer of documents, otherwise it will not be possible to appeal against the actions of the insurer in case of violation of the payment terms.
In some cases, the settlement of the loss may be suspended until the conclusion of an additional agreement on payment. Often, car owners refuse to sign this document, as they are not satisfied with certain clauses of the agreement. This gives the insurer a legitimate reason to delay payment. You can resolve such a conflict situation with the help of abandon.
This term refers to the right of the car owner to refuse the damaged car in favor of the insurance company. To do this, you must submit a written application to the insurance company. After receiving such an application, the insurer is obliged to pay compensation, and the car owner can count on payment in the amount of the sum insured.
The peculiarity of the abandonment is that the owner of the car does not need the consent of the insurer to pay. In the event of a trial, it is sufficient to prove the fact that the application was transferred to the managers of the insurance company. As a rule, insurers prefer to resolve abandonment issues through the courts, so it is better for a car owner to be patient.
Quite often, the decision of the insurer to recognize the complete destruction of the car causes indignation among the car owner. This is not surprising, especially if the car remained on the move after the accident. In addition, often the managers of the insurance company deliberately inflate the cost of repairs in order to get a damaged car. Usually service station employees also participate in such scams.
To be completely sure that the cost of repairs was overstated, you should contact one of the official dealers of a particular brand of car. It is desirable that such a service station does not cooperate with the insurer. Specialists of the dealer service station will determine the cost of work in accordance with the manufacturer's repair technology.
Also, the car owner can contact an independent expert. His opinion and the opinion of the specialists of the dealer service station will help to objectively assess the validity of the decision of the insurer to recognize the constructive death of the car. If the car owner is sure that the insurer is trying to deceive him, you should go to court.
Road traffic accidents come with different consequences. Thank God, when no one is wounded or injured, and only the “iron” is broken, which can be restored. There are times when a car cannot be restored under OSAGO, this is a little sadder, but also nothing to worry about. How to be in such a situation, consider below.
According to paragraph two, clause 18, article 12 of the Federal Law "On OSAGO", total loss means 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 OSAGO (repair cost) is higher than the cost of the car on the date of the accident or equal to this cost. Thus, if your car on the date of the accident, for example, cost 100,000 rubles and the repair of the car will cost the same 100,000 rubles or more, then it is considered that the car is completely dead. It is worth the amount of damage to be in the amount of 99,999 rubles 99 kopecks, then the car did not die.
If the vehicle is lost, then you are paid its value at the time of the accident in the insurance indemnity limit. If the car did not die, then you will receive the cost of repairing the car, minus the notorious wear and tear on replacement parts. When the insurance company pays the full cost of the car on the date of the accident, it may require the car to be returned to it. Such a requirement of the insurer is legal and is based on Article 1102 of the Civil Code of the Russian Federation.
Remember that the insurer is not entitled to claim the car from you until the payment of the insurance indemnity has been made. As the saying goes, "money in the evening, chairs in the morning." Only in that order.
Only an expert technician. He is obliged in his conclusion to calculate the cost of repairs, taking into account all the damage received by the car in an accident. Further, the expert technician is obliged to investigate the market for the cost of cars similar to yours on the date of the accident and make his verdict. An expert technician must take into account all the nuances of your car. Not only the year of manufacture and equipment, but also the external condition of the car, the number of owners, mileage.
In the practice of Antistrakhovshchik, there was a case when a 1957 Moskvich 407 rammed a Subaru Forester. With the help of manual experts, the VSK insurance company calculated the damage by only 10,000 rubles. The independent expert rightly pointed out that cars of this year of manufacture are not repaired, but restored in specialized workshops. A forensic examination, appointed at the request of the insurance company, determined the amount of damage at 56,000 rubles. The interrogation of the forensic expert showed that he did not take into account the many nuances and details damaged in the accident when drawing up the conclusion. And also did not take into account the cost of an hour of work at a specialized car service.
The result was that the court sided with our client and recovered from the insurer the amount of damage in full, namely 119,000 rubles.
A traffic accident is a serious problem for any driver. But, perhaps, there is no more unpleasant situation than complete destruction of the car. The inability to restore the vehicle gives its owner a lot of trouble.
Fortunately, the negative consequences of such an accident are partly mitigated by insurance payments that can be obtained from OSAGO and CASCO insurance contracts.
According to paragraph "a" Art. 18 of the Federal Law of April 25, 2002 No. 40-FZ “On OSAGO”, complete death is a situation in which it is either impossible to repair a vehicle, or it is possible, but the amount of costs in this case will be equal to the cost of the car itself or exceed it. It is immediately impossible to recognize the car as such, since it is extremely difficult to determine the required costs for restoration offhand: detailed calculations are needed. However, the total death of the car does not mean the destruction of all parts. At the same time, the presence of surviving parts is not covered by this concept: the structural integrity of the car is important.
An insurance company with which a CASCO or OSAGO agreement has been concluded must independently calculate the amount of payment in case of complete destruction of the vehicle. Mathematical operations are performed to determine the amount of payments in accordance with the Regulation on OSAGO rules, adopted by Order of the Bank of Russia dated September 19, 2014 No. 431-P. According to clause 4.12 of the said act, the actual cost of the car is collected on the day of the insured event (of course, before the accident) minus the cost of good residues, that is, parts that can continue to be used with other working mechanisms. This formula seems easy only at first glance, because it has many pitfalls.
One of the most important details in calculating the due insurance payments is the cost of good balances. Regulations on unified methodology determining the amount of expenses for restoration repairs in relation to a damaged vehicle, approved by Order of the Bank of Russia dated September 19, 2014 No. 432-P, in paragraph 5.1, imposes a number of requirements on such parts that they must meet:
In addition, it is important to consider the costs of dismantling, repairing minor defects, storing and selling parts. Specifications for the calculation are contained and explained in detail in paragraphs. 5.6 – 5.9 Regulations. There are no significant features for calculating payments for CASCO insurance. The only difference may be additional conditions applied by the insurance company, which in without fail should not worsen the rules provided for OSAGO.
Insurance companies, unfortunately, often resort to not the most honest calculations, due to which the amount payable is significantly reduced. It is done for one simple reason: if the car is not recognized as completely dead, payments for repairs will become much higher. In addition, according to clause 1.13 of the Regulations on OSAGO Rules, the insurance contract terminates when the car dies, which is also beneficial for the company, since a car restored after severe damage will most likely experience technical problems again.
Understatement of the amount of payments directly depends on the cost of repairing the car: the higher the last indicator, the lower the first. The increase in estimated recovery costs is achieved in a variety of ways. The most common way is that the good remains of the car are recognized as beyond repair. Another option is to change the formula for calculating their cost. Also, insurance companies can manipulate the market value of a vehicle in its pre-accident condition. Insurers are trying to focus on the high wear of the car, which, in particular, concerns tires, steering mechanisms, as well as other components that affect the operation of the car.
Most often, the actions of insurance companies are aimed at deceiving policyholders. To avoid such situations will allow your own calculations of the cost of good residues and the market value of the car. This can be done both personally and through the examination, which is carried out by various firms and specialists. In addition, be sure to ask all the details regarding the calculations of the insurer, documents and explanations for them. If an error is found, but the insurance company insists on being right, you will have to resolve the dispute in court.
Insurance payments under OSAGO have a limit established by law. According to paragraphs. "b" Art. 7 Federal Law "On OSAGO", maximum size the amount paid may not exceed 400 thousand rubles. It is calculated depending on the premium paid by the insured at the conclusion of the contract. Its size, according to the Instruction of the Bank of Russia dated September 19, 2014 No. 3384-U, depends on the following factors:
In cases where the damage exceeded the amount paid by the insurer, it is necessary to contact the person responsible for the accident for the recovery of the remaining part. The useful remains of the vehicle remain with the owner, who can sell them. The fate of the car (body and other parts that cannot be restored) is decided by the owner: he can either transfer it to the insurance company or keep it for himself.
Subparagraph "a" of part 16.1 of article 12 of the Federal Law "On OSAGO":
If you disagree with the so-called recognition of the “total” or with the amount to be paid under OSAGO, you need to contact, first of all, the insurer itself and try to resolve disputes on the situation. If the insurance company does not go to the world, the conflict is resolved only in court.
The procedure for insurance payments for CASCO in the event of a car death is somewhat different. Differences arise from the very essence of the contract, since the vehicle is insured for a certain amount (the size of the premium paid also depends on it). In addition, CASCO takes into account depreciation: for each month it increases by about 1%. Each insurance company offers its own conditions for the recognition of "total". It is determined as a percentage of the sum insured. Most verified Russian insurers set a threshold of 60-80%. In other words, if the car is insured, for example, for 1 million rubles, total loss at a rate of 60% is stated at a repair cost of 600 thousand rubles. There are two options for calculating payments for the complete destruction of the car:
The procedure for recognizing the "total" for CASCO is similar to OSAGO: insurance experts are involved in the calculations. Naturally, they may try to underestimate the cost of repairs in order to pay not the full insurance amount, but only a part. You can avoid underestimating payments by making your own calculations or by attracting specialists. If, after the transfer of alternative information about the cost of repairs, the insurance company does not agree to go to the world, their interests will have to be defended in court.
Innings statement of claim in court against an insurance company occurs in the following cases:
Each of the cases, as a rule, occurs when the insurance company seeks to reduce the amount of insurance payments. To start proceedings, district court you need to submit the following package of documents:
The insured must essentially prove two facts: the correctness of his calculations and the incorrectness of the calculations or the position of the insurer. The arguments of the parties may be based on mathematical or factual errors, therefore, before the trial, it is required to study in detail the calculations of the insurance company and re-analyze your own. If there are doubts about the reliability of the calculations of both parties, the court may appoint an independent examination. The company that will conduct it is chosen in agreement with the parties, but if their opinions differ, then the judge chooses the company himself. If the insured wins the case, he shall be entitled to payments according to his calculations, as well as all costs for trial if the insurer - the amount remains unchanged (naturally, the costs are also reimbursed, but by the plaintiff).
