Very often, the victim wants to see the act of inspection of the insurance company and cannot do it. Insurance companies in most cases refuse to provide an inspection report, as well as the results independent evaluation, motivating this by the fact that there is no such requirement in the law "on OSAGO" or simply referring to the fact that it is their property.
Meanwhile, the act of inspection and the result of the assessment may be necessary for the victim to organize his own independent expertise or understanding the scheme of further interaction with the insurance company.
In addition, very often, when sending for repairs under an OSAGO policy, the victim does not even have an approximate idea of how much the IC agreed and what kind of work they are talking about, and for understanding it will not be superfluous to look at the inspection report and calculation.
When representatives of the UK say that there is no requirement to provide an act in the OSAGO law, they are right, but they don’t tell you the whole truth either.
On the basis of clause 4.23 of the OSAGO rules, the insurer is obliged to issue it no later than 3 days from the date of receipt of the application for issuing an act on an insured event. At the same time, paragraph 3.11 of the Rules describes the procedure for providing a car for inspection and conducting an independent examination. That is, if an examination was carried out, then it is part of the act on the insured event, the inspection report is part of it.
Thus, although this is not spelled out in the law, it is spelled out in the rules of interaction established by the regulators, and accordingly, however, on the side of the victim.
You need to understand one simple thing, you need to interact with the insurance company in the language of official requests. If you ask or demand something in words, they can give you the most insane answer and then say that there was no conversation.
To obtain an act, you must send a written request in free form to the representative office of the UK. In the request, it is best to immediately refer to paragraphs 4.23 and 3.11 of the OSAGO rules. In order to be able to confirm that the request was sent, we recommend that you send it by mail with acknowledgment of receipt. Or you can bring the request in person and ask the secretary to register it and give you a registration number.
If representatives of the UK fail to receive a notification by mail or refuse to register an appeal, you can complain about the actions of representatives of the UK on the website of the regulators (RSA, Central Bank).
If you are determined to sue the UK, you can file a lawsuit, indicating as the amount of the claim the limit of payments under the OSAGO policy.
11 / 03 / 2017 5 055
Buying a policy and choosing a company
Hello! At the next conclusion of the OSAGO contract in Rosgosstrakh, I was denied car insurance. They said that insurance is only possible after the car is presented for a visual inspection by an insurance expert (you need to go to another city). Previously, such difficulties did not arise. Tell me what can be done? Is it legal to refuse insurance without an examination?
Answered by Alexander Zagorodsky expert
In accordance with paragraph 7 of Chapter 1 of the OSAGO Rules
, Insurance Company the right to conduct a pre-insurance inspection of the vehicle. In this case, the place of inspection must be agreed with the client. If the car owner does not agree with the proposed place, the inspection of the car is not carried out. Thus, the insurance company does not have the right to refuse to issue an OSAGO policy if the client does not agree with the place of inspection. However, it is necessary to prove the fact of such refusal.
To do this, you need to visit the office of the insurance company along with witnesses who will later be able to confirm the fact of refusal to issue a policy for the above reason. After receiving evidence, you need to file a complaint with the Central Bank through a special form
on the website of this institution. Be sure to include the last names, first names, and contact details of witnesses.
Supervisory authorities will take action against the insurance company. In accordance with Article 15.34.1 of the Code of Administrative Offenses of the Russian Federation, in such a situation, the insurer faces a fine of 100 to 300 thousand rubles. Also, a fine in the amount of 20 to 50 thousand rubles is imposed on an employee of an insurance company who refused a client to issue an OSAGO policy without legal grounds.
At the same time, one should not count on an instant reaction from the Central Bank. Proceedings regarding the legality of the refusal to conclude an OSAGO agreement may last several months, therefore, in this situation, it is reasonable to either take out electronic insurance through the official website of Rosgosstrakh or contact the office of another company.
Is it possible to get insurance without presenting the car? There are many situations when you need to quickly insure a vehicle without inspecting the car. For example, you are in a hurry and do not want to spend time drawing up an inspection report by the insurer.
Another option: the insurance ended while the car was at the service station and you need to somehow get to the office of the insurance company.
Sometimes a policy is drawn up together with other agreements, for example, when applying for a loan, a pledge agreement and there is simply no time for a detailed examination of the car. It happens that insurance is bought and for a very short term only to get to the place of registration or technical inspection (for how long a policy can be issued, read).
Usually, a vehicle inspection replaces the current one (DC), which is mandatory for all cars older than three years. Without it, insurance companies do not undertake to sell OSAGO policies and always include it in.
The presence of a card is provided for under and by the OSAGO Insurance Rules (clause 15). A DC is not needed if the vehicle is not subject to technical inspection in accordance with the law or the frequency of its conduct is six months.
According to the OSAGO Rules, which are mandatory for all insurers and their clients, when drawing up an OSAGO agreement, companies have the right to ask for a car for inspection (clause 19 of the Rules). We emphasize: this is the right of the insurer, and not his obligation, because it is not the car itself that is insured, but only the responsibility of its owner.
During the inspection:
If an agreement has not been reached between the parties on the place of inspection of the car, then the insurer has no right to refuse to conclude an OSAGO agreement.
The situation is quite different, for example, with CASCO programs (car body insurance). The requirement to conduct an inspection when concluding a CASCO contract is spelled out both in the policy itself and in the Rules of Voluntary Insurance. The insurer can sell without inspection only express CASCO with a small amount of the insurance limit.
The place of inspection of the car when buying OSAGO is established by agreement of the parties. This could be a location near the insurer's office or the client's home or office. The machine is checked during daylight hours or in a well-lit room. The insurer may also postpone the inspection if the car, for example, is dirty and cannot be properly examined and photographed.
In the case when OSAGO is bought via the Internet, the inspection, of course, is not carried out.
If the insurer insists on inspecting the car and refuses to sell you the OSAGO policy, then you have the right to:
The client may demand the conclusion of an OSAGO agreement if there are no legal reasons for refusal(for example, indications in the application of false information, insurance fraud, intentional accidents in the past, etc.).
If you truthfully submitted to the company, then you can safely refer to clause 14 of the Insurance Rules and insist that you have the right to purchase a policy.
In the event that the client agreed to the examination, but does not agree with the content of the expert's act, he may not sign it and ask to conduct the examination again (Article 18 of the Federal Law-170) with the participation of another specialist. The signed act means that you fully agree with its content.
It is enough to fill out an online application and sign it with a simple electronic signature (we talked about the rules for filling out a paper and electronic application for purchasing a policy in). To do this, you will need to log in to the website of the selected insurer, that is, enter a temporary password that will be sent to your phone and agree to the processing of your personal data.
The application will need to indicate:
The completed application is stored in personal account. The insurer receives it and sends a code to the phone electronic signature. But this is done only after the insurer sends a request to the PCA to verify your data. If the client does not pass the test, then the policy will not be sold to him.
Once the class of insurance has been determined, the final insurance rate will be calculated. After that, you will only need to pay for the policy in your personal account using the usual bank card. After payment e-OSAGO will be available for download and you can print it and take it with you. If you wish, you can easily issue a paper version of insurance by stopping at the office of the insurer. This is done at the first request of the client and absolutely free.
If online shopping is not for you, then if the insurer refuses to sell the policy without inspection, you can simply contact any other company. Competition in the OSAGO market is quite tough and services are provided by about a hundred insurers.
Since the terms of sale are standard for everyone, companies are trying to lure customers with various discounts or benefits. Including the opportunity to buy a policy without an examination or quickly undergo diagnostics and receive maintenance at a partner center. You can view the list of insurers and their addresses on the website of the Russian Union of Motor Insurers (RSA). By the way, it will not be superfluous to also study with which service stations they cooperate and how far they are.
If you are dissatisfied with the service and the denial of insurance, you can always prepare a complaint to the regulator in connection with the violation of your rights as a consumer.
The complaint must include:
The complaint can be accompanied by a written refusal of the insurer to sell you the policy, a recording of a conversation with a manager and other evidence of the company's guilt. Scans will either need to be uploaded to the Internet reception of the Bank of Russia or sent the original complaint by registered mail. You can also go to court if you are determined to insure in the very company that refused you.
If the court decides in your favor, the insurer will be obliged to conclude a contract with you. However, keep in mind that it can take several months for the claim to be resolved and all this time you will have to drive without insurance or not use the car. By the way, the court may well decide in favor of the defendant - the insurance company, if it manages to prove that the client himself refused to buy the policy.
A very interesting clarification for motorists injured in an accident was given by the Supreme Court when it reviewed one standard case. More precisely - a monetary dispute between the car owner and insurers.
We have had a lot of such conflicting clarifications of relations lately. Most of them don't make it to court. And of those who have reached, not everyone eventually gets to the highest judicial instance 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 fix the car. But - minimally. The rest she had to lay out of her pocket. The woman went to court with a lawsuit against the insurers and the perpetrator of the accident, demanding compensation for the spent. The district court, having received the claim, wrote to the woman that she was leaving her case 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 follows this procedure, she can go to court again. These keywords - about non-compliance with the pre-trial procedure for considering a case - are a frequent argument of the 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, who were called such by the insurers. 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 annulled the decision of the district court and again sent the case to district court.
But following her, the decision to return the case for a new trial was canceled by the supervisory authority and said: everything was decided correctly in the district court and this verdict should be left.
The injured driver had no choice. It is impossible to return the car to its previous form, and it has long become the property of other people. And without an examination by "independent experts" in court, they did not even want to talk to her.
The Supreme Court was the last hope.
And then the woman realized that she 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 procedure for settling a dispute and with Article 222 of the Code of Civil Procedure?
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, "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: presenting a car for inspection to an insurer is not a pre-trial procedure for settling a dispute, as Article 222 of the Code of Civil Procedure states.
Inspection by law damaged car carried out regardless of the occurrence of a dispute between the owner and the insurer. It's just a mandatory process. And getting her pennies from insurers, the woman has already done this. By the way, according to the same law on transport insurance, an inspection is needed solely to clarify "the circumstances of the damage and determine the amount of damage that must be compensated."
In addition, the Supreme Court said, the woman filed "monetary" claims not only against insurers, but also against an individual citizen - the culprit of the accident.
But the district court simply did not notice this and left the entire 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 please.
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 Supreme Court, money spent on car repairs, confirmed by invoices from the company that restored the car, the insurance company had to compensate.
In cases where payments are voluntary insurance CASCO, the insurer, according to the decision of the same Supreme Court, has even more responsibilities. He must compensate for repairs without depreciation. For OSAGO, depreciation accounting is prescribed in the law. In addition, the insurer voluntary types insurance should also pay for the loss of commodity value. It is clear that after overhaul car, it loses a lot in value.
Such verdicts of the main court of the country, handed down in favor of citizens, but against insurers, make the latter increasingly louder to demand an increase in the price of the policy.
To date, insurers have already addressed with compassionate letters wherever possible. They wrote to the government, the Ministry of Finance 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, investments, that is, the payment for insurance, pay off for years. So for the accident that happened today, they may have to pay in a few years. Therefore, the tariff for OSAGO should be increased. As for OSAGO, the amounts paid by the insurance company are not always enough for a full repair.
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.
Recall that the most "popular" cause of accidents on our roads is the discrepancy between speed and 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 errors in the choice of speed, almost 58,000 accidents occurred last year. In second place are accidents due to shortcomings in the road network. Last year - almost 43 thousand accidents.
By the way
There are two laws that deal with the problem of the injured woman. These are the Law "On the organization of insurance business in the Russian Federation" of 1992 and the Law "On compulsory insurance civil liability owners Vehicle". In both laws, there are simply no requirements for pre-trial 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 repair of damaged property or the disposal of its remains was made before an independent examination and does not allow "reliably to establish the existence insured event or the amount of damages under OSAGO.
