The difference is 10 OSAGO from what to count. A unified method for calculating damages for OSAGO: a method of deception. What regulations govern

the federal law dated 25.04.2002 N 40-FZ "On compulsory insurance civil liability owners of vehicles" (OSAGO law) in the current version:

Article 12.1 of the law on OSAGO. Independent technical examination of the vehicle

1. In order to establish the circumstances of causing damage to the vehicle, to establish damage to the vehicle and their causes, technology, methods and cost of its restoration repair, an independent technical expertise is carried out.

2. An independent technical expertise is carried out in accordance with the rules approved by the Bank of Russia.

3. An independent technical expertise is carried out using a unified methodology for determining the amount of expenses for restoration repairs in relation to a damaged vehicle, which is approved by the Bank of Russia and contains, in particular:

a) the procedure for calculating the amount of expenses for materials, spare parts, payment for work related to the restoration repair;

b) the procedure for calculating the amount of depreciation of component parts (parts, assemblies, assemblies) to be replaced, including the range of components (parts, assemblies, assemblies), for which, when calculating the amount of expenses for restoration repairs, a zero value of depreciation is set;

c) the procedure for calculating the cost of good residues in the event of a complete loss of the vehicle;

d) reference data on the average annual mileage of vehicles;

e) the procedure for the formation and approval of directories average cost spare parts, materials and standard hours of work when determining the amount of expenses for restoration repairs in relation to a damaged vehicle, taking into account the established boundaries of regional commodity markets(economic regions). The data of these directories must be updated at least once within six months, including on the basis of information on payment by insurers for the restoration repairs of damaged vehicles to service stations in accordance with this Federal Law.

4. An independent technical examination of vehicles is carried out by an expert technician or an expert organization that has at least one expert technician on its staff.

An expert technician is an individual who has passed professional attestation and is included in the state register of expert technicians.

Professional certification of expert technicians and its cancellation are carried out by an interdepartmental certification commission created by federal agency executive power in the field of transport. The composition of the interdepartmental certification commission includes representatives of the federal executive body in the field of transport, the federal executive body in the field of justice, the federal executive body in the field of internal affairs, the Bank of Russia, the professional association of insurers, the Commissioner for Consumer Rights financial services, as well as representatives of public organizations and experts in the field of independent technical expertise of vehicles.

Requirements for expert technicians, including the requirements for their professional certification, the grounds for its cancellation, the procedure for conducting state register expert technicians, the regulation on the interdepartmental attestation commission is established by the authorized Government Russian Federation federal executive body.

5. Expert technicians are responsible for the unreliability of the results of their independent technical expertise of vehicles. Losses caused by the expert technician as a result of the presentation of unreliable results of an independent technical expertise are subject to compensation by the expert technician in full.

6. A forensic examination of a vehicle, appointed in accordance with the legislation of the Russian Federation in order to determine the amount of insurance compensation to the victim and (or) the cost of restoring the vehicle under a compulsory insurance contract, is carried out in accordance with a unified methodology for determining the amount of expenses for restoring repairs in relation to damaged vehicle, approved by the Bank of Russia, and taking into account the provisions of this article.

Return to document table of contents: Federal Law No. 40-FZ of April 25, 2002 "On OSAGO" as amended

Comments on article 12.1 of the OSAGO law, judicial practice of application:

Clarifications of the Supreme Court of the Russian Federation in the Practice Review 2016:

collection insurance compensation for OSAGO only in accordance with the Unified Methodology of the Bank of Russia

The collection of insurance compensation under the OSAGO agreement for insured events that occurred starting from October 17, 2014, is carried out only in accordance with the Unified Methodology (for more details, see paragraph 19 of the "Overview of the practice of consideration by courts of cases related to compulsory insurance of civil liability of vehicle owners" (approved by the Presidium of the Supreme Court of the Russian Federation on June 22, 2016)

The amount of insurance compensation for OSAGO with a manufacturer's warranty is determined by the Unified Methodology of the Central Bank, and not by the price of repairs at an authorized dealer

The amount of insurance compensation under the OSAGO agreement in respect of a damaged vehicle covered by the manufacturer's warranty is determined only in accordance with the Unified Methodology (for details, see paragraph 20 of the "Overview of the practice of courts considering cases related to compulsory civil liability insurance of vehicle owners"

Clarifications of the Supreme Court of the Russian Federation in invalid Decree of the Plenum of the RF Armed Forces 2015:

In paragraph 32 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of January 29, 2015 No. 2 "On the application by the courts of legislation on compulsory insurance of civil liability of vehicle owners", now defunct contained the following explanations:

The amount of insurance compensation is determined only in accordance with the methodology of the Central Bank

Under a compulsory insurance contract, the amount of insurance compensation payable to the victim as a result of damage to the vehicle, for insured events that have occurred since October 17, 2014, is determined only in accordance with the Unified Method for Determining the Amount of Expenses for Restoration Repairs in Respect of a Damaged Vehicle, approved by the Regulations Central Bank Russian Federation dated September 19, 2014 No. 432-P.

In cases where the difference between the insurance payment actually made by the insurer and the claims made by the claimant is less than 10 percent, it must be taken into account that, in accordance with paragraph 3.5 of the Methodology, the discrepancy in the results of calculating the amount of costs for restoration repairs performed by various specialists, formed through the use of various technological decisions and errors should be recognized as being within the limits of statistical significance.

Subject of consideration Supreme Court The Russian Federation faced the issue of compliance with the law (approved by Bank of Russia Regulation No. 432-P dated September 19, 2014), which regulates the procedure for determining the amount of expenses for the restoration of a vehicle under OSAGO. According to this norm, the discrepancy in the results of calculations of the amount of restoration costs performed by various specialists should be recognized as being within the limits of statistical reliability due to the use of various technological solutions and calculation errors, if it does not exceed 10 percent ().

For more information on losses subject to compensation under OSAGO in the event of damage to the property of the victim, see "Encyclopedia of Solutions" Internet version of the GARANT system. Get 3 days free!

The plaintiff, who applied to the Supreme Court of the Russian Federation with an application for the recognition of this norm as invalid, motivated his claim by the fact that it allows insurers not to pay extra 10% of insurance compensation and thereby violates the legally enshrined right of the victim to full refund losses.

Based on the results of the consideration of the case, the Supreme Court of the Russian Federation did not find grounds for satisfying the claim. The court proceeded from the fact that the contested provision of the Unified Methodology does not contradict the normative legal acts greater legal force, and the allowable limits of statistical reliability of calculating the amount of restoration costs are due to the possibility of using various technological solutions in their implementation.

When the cost of an auto citizen is calculated, representatives of the insurance company take into account, which is determined at the country level, as well as coefficients depending on the region in which the vehicle is registered, the personal characteristics of the driver and other factors. Such coefficients can be decreasing or increasing.

Among such indicators, a special place is occupied by the bonus-malus coefficient (CBM), within which a certain class is assigned to the driver, and which characterizes the discipline and law-abidingness of each motorist.

Indicator overview

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The driver class is a certain value, which can be denoted by the letter M or numbers from 0 to 13. So the smallest class is denoted by the letter M, the number 13 denotes the highest class. The driver's class as such does not affect the cost of insurance, but it is used to calculate the KBM, which can both reduce the price of an insurance policy by half, and increase it several times.

In 2003, when it came into force, the class was tied to a car, not a specific driver. This was unprofitable for motorists, since when replacing their own vehicle, they again received class 3 OSAGO, and at the same time it was equal to one.

Since 2007, the position of drivers has changed. Starting this year, the class is assigned not to a car, but to a specific person. As a result, the BMF remains the same when changing the vehicle.

When a car citizen is issued for the first time, the driver receives class 3. If during the 12 months while the contract with the insurance company is in effect, the driver did not cause an accident on the road and did not apply for compensation, for the next insurance period he receives class 4 and a reduction in KBM by 5%. So, for example, class 9 OSAGO corresponds to a coefficient of 0.7, class 13 has a minimum coefficient of 0.5.

Driving classes are kept by the Russian Union of Motor Insurers (RSA). When insurance is issued, all data is recorded in the register, which is the same for all regions and territorial units.

Knowing your class, the driver can independently calculate the cost of insurance. This is important, given the presence of unscrupulous insurers on the services market who specifically use the wrong one to increase the amount of payment.

To calculate the driver's class for registration of OSAGO, you will need a driver's license, which will help determine his driving experience. If the driver changed his license due to the fact that their validity period has expired or for other reasons, in the new certificate you can always find information taken from the previous document.

When calculating, it should be taken into account that the current legislation determines that the countdown of the experience does not start from the moment when the driver first got behind the wheel, but from the date of obtaining a driver's license.

Online instruction

To calculate the class, you can use both a special table, which can be found below in the text, and various online resources that offer users special calculators that make it possible to calculate not only the class, but also the size of the applied KBM.

Guaranteed reliable information posted on the RSA website.

To get information from unified register, the user is prompted to fill out a form that contains the following information:

• a natural or legal person is the owner of the machine;
• how many drivers will be allowed to drive a car (limited or unlimited list);
• the date from which the autocitizen will begin its operation;
• if the car is owned by faces and it will be used by a limited number of people, you need to specify their last name, first name, patronymic; date of birth and details of the driver's license;
• provided that the car is owned by an individual. person, but will be used by an unlimited number of drivers, the owner’s data and the vehicle’s data (registration and VIN numbers) should be indicated;
• if the owner is a legal person, you need to indicate the TIN of the structure, VIN number and state sign of the vehicle that is insured.

The last step in entering information involves entering a security code that appears on the screen in a separate window. After that, click the "Search" button.

There is a possibility that the system will return an answer that the requested coefficient was not found.

There may be several explanations for this:

• The insurance contract has not been drawn up before and will be drawn up for the first time. In this case, it is natural that information about the driver is not in the system.
• For some reason, driver information is not displayed in the database, for example, an error was made when filling out the request form or when entering information into the register by the insurer.

If, while checking his class, the driver found that a mistake was made and his MSC was calculated incorrectly, he needs to send an official request to the head of the PCA, to which copies of all available insurance policies for the past period should be attached.

The essence of distribution

KBM can both increase and decrease the cost of insurance. It depends on the availability of insurance payments in the previous period and their number. If last year the driver did not create accidents on the road, which led to the payment of compensation by the insurance company to the injured party, then the class of the motorist will increase, and the coefficient will accordingly become lower.

The class table allows you to calculate which class will be assigned to a motorist for an accident-free ride:

It is important to know that by purchasing the first policy, the motorist automatically receives the 3rd class. If the motorist during 12 months did not become the culprit of an accident, his class rises annually by one position. An obvious pattern follows from this: accident-free driving for several years leads to an annual increase in class and a decrease in the coefficient.

It happens that during the year the motorist did not drive the car and, as a result, did not draw up OSAGO. In such a case, his class will be downgraded to the third when applying for insurance for the next period.

If in the first 12 months driving has been done insurance payment for damage caused as a result of an accident, this may affect the cost of the policy during the following 14 years, and in this case there is a threat of the conversion of the coefficient from decreasing to increasing

Other features of OSAGO classes

Impact on price

The class of the driver when applying for OSAGO insurance has a decisive role in the formation of its cost, which is calculated based on the following data:

• base rate for different types Vehicle;
• place of registration of the owner: each specific region has its own accident statistics, and it affects the level of the indicator;
• model and brand, for each of which tariffs are calculated individually, taking into account the frequency of their getting into an accident;
• age of the driver: young people tend to drive fast, and therefore their driving is considered more risky;
• driving experience: drivers with some experience can count on a reduction in fare;
• the number of drivers who are additionally included in the policy, as well as their characteristics;
• customer's driving history.

Recovery coefficient

There are times when people who have been buying insurance for more than a year and have not been provocateurs of an accident suddenly find that the next insurance policy is not cheaper, but more expensive than the previous one. In this case, it is worth clarifying what is the reason for such an unreasonable increase. The most common of them is the incorrect calculation of the coefficient.

How is this possible:

• The PCA database contains information about all policies. If the driver issues an OSAGO policy with a new certificate, this causes an overestimation of the coefficient. To restore it, you need to make a request using the number and series of the previous document. If the data is confirmed, this information will be indicated in special marks. It is important to note that the change of rights involves sending a written notice of this to the insurance company.
• The human factor is not excluded. The operator could make a mistake when entering the driver's data into the database.
• Until the beginning of 2013, the previous policy served as the basis for calculating the KBM. Today, a driver who has his own car, but at the same time entered into the insurance of another person who has a lower class, on the basis of this information, can rely solely on assigning the maximum coefficient.
• The data was not entered into the database as a result of the fact that the insurance company went bankrupt.

What does it depend on

The class of the driver depends on the following indicators:

• the tariff set for various modes of transport;
• model and brand of car;
• place of registration;
• the age group to which the motorist belongs;
• driving experience;
• characteristics of persons who are included in the policy additionally and are allowed to drive a car;
• existing driving history of the vehicle.

Checking on the PCA website

Since 2006, the PCA website has been functioning, which contains information about all insurers in the Russian Federation. To find out your indicator, you should visit the site and go to the tab called "To help the policyholder."

To find out your reduction rate, you need to calculate your driving experience and the number of applications for payment annually.

Consider an example where a driver has 4 years of driving experience and in the first year he once used the possibility of an insurance claim. At the time of insurance, such a motorist was assigned class 3.

When applying for an insurance payment, he dropped to the first class, the indicator of which is 1.55. This level will remain the same throughout the next year. The next 24 months without accidents will result in the driver returning to a position that corresponds to class 3.

Online check of the coefficient is carried out not only by drivers, but also by insurance companies that issue a policy. They also use the RSA AIS registry for verification.

Not a single policy will be able to find a period in which KBM is mentioned. Such data is contained exclusively in the database on the RSA website.

Error detection

If, as a result of the online check, a discrepancy between the data on the OSAGO policy and the database was found, you can try to restore justice as follows:

• personally apply to the insurance company with a statement about the mistake made and a request to eliminate it;
• send an application to the prosecutor's office or Rospotrebnadzor.

The second option should be resorted to only if the first did not give any results. The prosecutor's office has more influence on the unscrupulous insurer than the client.

When applying to the prosecutor's office, the following information must be displayed in the application:

• what rights have been violated by the insurer;
• describe in detail the disputed situation and provide available evidence;
• indicate that the prosecutor's office is expected to influence the insurance company or initiate proceedings against administrative offense, if there are grounds for this;
• Contact details.

Content

Last years the auto insurance system is undergoing significant changes and it is logical that this topic is relevant to many motorists who care about how much assessed contributions and what payments of insurance companies under OSAGO in 2018 they will have to count on. Unfortunately, anyone can get into an accident, and you need to know what to do in such circumstances, what compensation is due, how to get it,

Changes in OSAGO rules in 2018

Important OSAGO innovations are valid from the date of 09/25/2017. They relate to compensation for losses, repairs, the procedure for issuing insurance forms, the timing of the inspection of a damaged car and the financial side of compensation payments for OSAGO and the cost of the policy itself. A new type of in-kind compensation - repairs - is already applied for insurances after April 28, 2018. Regardless of the term of the contract, the new rules provide for compensation for damage in the event of a collision of several (two or more) vehicles (V).

In 2018, OSAGO forms will be equipped with a protective QR code, which makes the information about the insured available online: you can check the authenticity of insurance via the Internet from anywhere. According to the new legislation, car owners are waiting not only for increased tariffs for insurance services, but also for a multiple increase in the amount of coverage. The amendments suggest a possible change in the price category of the vehicle user and the calculation of the coefficient determined by the number of accidents for previous periods of driving, their severity, which ultimately leads to an increase in tariff rates.

The introduction of changes affects the price category of the OSAGO policy and the calculation of the bonus-malus coefficient (BMC), which determines the cost formation. A driver who has not been involved in an accident for a year receives a discount, or otherwise he will face an increase in the price of contributions for the next year. The new calculation for OSAGO depends on the number and severity of accidents for the previous driving time and is formed from:

• region of registration of transport;
• the age and length of service of the insured;
• machine power;
• the number of persons with insured liability under OSAGO;
• duration of the insurance;
• owner status (individual, legal entity).

The main regulatory legislative document in this area is the latest version of the Law dated April 25, 2002 No. 40-FZ “On Compulsory Insurance of Civil Liability of Vehicle Owners”. The innovations introduced by Law No. 49-FZ dated March 28, 2017 came into effect on September 25, 2017 and affected significant aspects of the “auto-citizenship” process:

• the terms for inspection of a damaged car by insurers have been changed - the loss must be assessed 5 days after the submission of an application for an accident;
• independent expertise is prohibited;
• the period for claims from vehicle owners to insurance companies is 10 days;
• from September 2017, the policy must be valid for at least 1 year;
• after April 28, 2017, monetary compensation for losses under OSAGO was replaced with in-kind payments - direct payments go to repair shops;
• the payment limit was increased to 400 thousand rubles for property, to 500 thousand rubles - for individuals.

The cost will be affected by the tariffs adopted by each region, and for fleets and legal entities the average coefficient will be used, which will also increase the cost of payment: the number of cars of the enterprise implies an increase in the number of automobile violations. For the perpetrators, increased coefficients will be established in case of violations:

Number of violations	Multiplier

What is OSAGO reimbursement

The legislation obliges all owners of the vehicle to have an insurance policy, which insures the risks of all victims: for people - the risk of harm to life / health; for motor vehicles - the risk of damage to property. To purchase an OSAGO policy, you will need to submit:

• passport of the owner of the car and the insured;
• technical inspection diagnostic card (if the car is more than 3 years old);
• driving license of all prospective drivers;
• vehicle registration certificate.

After registration, the insurer issues to the insured the original insurance (policy), insurance rules, a memo in case of an accident, a document confirming the deposit of funds. The policy must always be carried with you in the car. The document issued by the insured independently electronically through the website of the insurance organization must be printed out.

The insurance company responsible for the accident compensates for the losses to those who were injured, in cash or repairs. Payments are made within the limits determined by the Law. So, legally, protection is guaranteed to all participants in an accident: the victim receives insurance compensation, the culprit does not have the obligation to pay for the repair of someone else's car in full. The insured must clearly understand:

• he does not have the right and opportunity to claim compensation if he is the culprit of the accident;
• damage is compensated only to the injured party, which is recognized by the traffic police.

If the culprit has a CASCO policy, then, unlike compulsory insurance, he will be entitled to payments for this type of insurance services both for himself and for his car, depending on the contract. In addition, in CASCO, the maximum amount, as well as the minimum, is any and is not limited to the official OSAGO limit when you get into a traffic accident.

The practice of applying regulations proves that there are complex situations that cannot be resolved quickly and simply by law. In some cases, a citizen can be simultaneously recognized as injured and guilty, then he already has the right to payments as a victim of an accident. Disagreements arising in the course of establishing the perpetrators, the amount of compensation are resolved judicial order with a deadline limitation period, usual for civil cases - 2 or 3 years.

The main normative act distinguishes 2 types of victims - people and vehicles. The type of the object group determines the form of compensation to the subject who suffered the damage. A lot of people can suffer in an accident and the legislation specifically describes the persons entitled to insurance payments. These can be individuals - the victims themselves in the accident or, in the event of their death, their direct heirs and persons under the will:

• the driver not at fault in the accident;
• passengers;
• pedestrians;
• cyclists.

The insurance company pays the costs when the liability of the owner of the OSAGO insurance comes into play in the event of an accident involving his car and property damage of this kind is inflicted: damage to other people's cars, traffic lights, buildings, structures, structures, that is, the object of compulsory auto insurance is property interest affected by the actions of the policyholder.

CMTPL payments in 2018 are made taking into account the following: if the cost of repairs is higher than the cost of the car before the accident, the maximum possible amount is transferred; recovery compensation takes into account the cost of transportation by a tow truck and depreciation of the vehicle. If the limit established by the Law is enough for repairs, then the perpetrator of the incident will not have to pay extra.

In case of exceeding the costs, the victim has the right to demand additional payments from the perpetrator in a judicial proceeding, as well as compensation for non-pecuniary damage required from the perpetrator only in a judicial proceeding. If the calculated insurance payment does not suit the person who suffered, and there are intentions to receive payments to the maximum, it will be necessary to submit a written claim to the insurer. If the copayment is not received within five days after that, you will have to apply statement of claim. It is important to take into account that Insurance Company may refuse to satisfy the application on the grounds:

• there were substances dangerous for people around in the car;
• the citizen did not have a driver's license;
• The policy does not indicate the cause of the accident.

Maximum payments for OSAGO in case of an accident in 2018

The latest legislative innovations raised the limit for the payment of OSAGO and in 2018 is:

• in case of harm to the life and health of the victim - 500,000 rubles for each;
• in case of damage to the property of the victim - 400,000 rubles for each.

If the perpetrator of the emergency concluded an insurance contract before October 2018, the losses are calculated at the rates at the time of issuing the policy. The above figures are the maximum and get by compulsory insurance more than the amount is not possible. Specific amounts are considered by insurers, taking into account the wear and tear of the vehicle, the severity of injuries, restoration costs and many other factors: experts carefully study the damage so as not to overpay8

The maximum compensation is determined by Article 7 "Sum Insured" of Law No. 40-FZ and for property is 400 thousand rubles. for each person injured in the incident, that is, this value is not divided into all participants, the right to claim full compensation is given to everyone. The insurer must reimburse the costs at its own expense by carrying out repair and restoration work. If both drivers are at fault, they can count on half the damage.

In the case of drawing up a Europrotocol

The law provides for the execution of documentation about an accident without the participation of employees of the State traffic inspectorate and the independent direction of the beneficiary of a notice to the insurance company. A copy is filled in by the perpetrator together with the victim at the scene of the accident and sent to the insurance company within 5 working days. It is necessary to photograph the place of the accident, damage, estimate the approximate losses and keep the car in a damaged state until it is inspected by a representative of the insurance company.

The maximum for insurance compensation in this case is 50,000 rubles. Conditions for compensation of losses through the so-called "Europrotocol": only two vehicles are involved in the collision; there are no injured (dead), no damage was caused to other property; disagreements about the details of the accident, no damage between the participants. The Europrotocol is drawn up according to the rules:

• a ballpoint pen is used;
• each participant fills in the appropriate part of the protocol about their information;
• signatures of both parties are affixed on the front side;
• additions, corrections are signed by the person who has no objections to them.

For harm to health

OSAGO insurance is paid to citizens who were injured in an accident - this is a driver (not guilty of an accident), passengers, pedestrians, cyclists and other persons injured in an accident and, in case of death, their heirs (classified as such family members and citizens by will) . For injured individuals, a wide range of expenses is established that the insurance company must take into account in payments, but if injuries can be cured under the system of mandatory health insurance, the chances of getting additional cash are declining.

Payments are made in proportion to the damage received. Reimbursable expenses are as follows:

• provision of first aid;
• diagnostic study;
• treatment and stay in a medical institution, including food, medicines, medications and special materials;
• prosthetics;
• loss of earnings due to disability.

When determining the disability of the victim

Upon receipt of damage to life and health from an accident, the victim undergoes a full examination. The amount of the CMTPL payment is determined by the harm caused on the basis of a medical report:

In the event of the death of the victim

In the event of the death of a participant in an accident, compensation for harm is received by persons endowed by civil law with the right to compensation upon the death of the breadwinner (in their absence, these are the spouse, parents, children and persons who depended on the deceased). The family receives funds for burial no more than 25,000 rubles and compensation for damages of 475,000 rubles.

Many factors affect the final result of the coverage calculation. The following are taken into account for the determination:

• depreciation of the vehicle, taking into account the time of operation, mileage (for monetary compensation) and parts to be replaced;
• transport capacity;
• features of damage;
• place and circumstances of the incident;
• driving experience;
• the duration of the policy;
• region of registration of the policy;
• condition, type, cost of the vehicle before the accident.

In-kind form of compensation for damages in 2018

In accordance with the latest legislative amendments to OSAGO on insurance policies issued after April 28, 2017, losses from insured event reimbursed by the repair at the expense of the insurer. The need for such an innovation was approved by the State Duma in order to block the way for fraudulent receipt of funds by imaginary victims: for example, according to the Agency financial research in 2016, the share of payments for motor insurance to people who were not actually injured in an accident reached half of all amounts paid.

At the same time, today, with in-kind compensation, there are many problems, vulnerabilities that cause dissatisfaction among drivers with this new system:

• use of non-original spare parts, parts;
• insufficiency of allocated hours for work;
• the practice of repairing parts instead of replacing them with new ones;
• incomplete elimination of damage;
• general unsatisfactory quality of repair and restoration services.

As a result, if the victim has doubts about the correctly determined cost of spare parts or is dissatisfied with the quality of the repair under OSAGO, he can apply for an independent examination and make a claim to the insurers, and if the latter refuse, go to court to resolve the issue. For the injured party, such difficulties complicate the whole process, already troublesome and unpleasant.

By law, an insurance company must conclude contracts with service stations and implement specific conditions for organizing high-quality repair services:

• service stations (SRT) provided to the victim must be located within 50 km from the accident or the place of residence of the owner of the vehicle;
• repairs by such workshops cannot last more than 30 days;
• if the proposed choice of service station does not suit the driver, he can agree with the company on the choice of another service station.

The repair procedure begins with the calculation of the cost of repairs to restore the vehicle by the insurance company:

1. The insurer evaluates the work, calculates the cost of refurbishment according to the unified methodology of the regulator insurance market(Regulation of the Central Bank of September 19, 2014 N 432-P), where the amount is determined without taking into account the depreciation of the vehicle, as in the case of cash payments.
2. The owner of the damaged vehicle is invited to choose a service station from the proposed list. For warranty cars, work is carried out by dealer centers while maintaining the warranty.
3. Within a month, the work of the service station should be completed.

You can receive cash compensation under OSAGO in exchange for the repair of a damaged vehicle when:

• the car is completely destroyed;
• price repair work exceeds the limit of 400 thousand rubles, and the owner does not intend to pay extra to the service station;
• the insurance company is not able to organize high-quality repairs within the allotted time;
• the owner has difficult financial conditions and the commission of the Russian Union of Motor Insurers approved his request;
• there is a written agreement between the insurer and the recipient for the amount determined by the insurance company (usually less).

The procedure for issuing insurance payments for OSAGO in 2018

Obtaining OSAGO insurance at first glance does not seem difficult, but it is important to clearly follow the following steps:

• if there are casualties, call an ambulance;
• call a representative of the traffic police;
• notify the insurance company insured event;
• collect required documents;
• draw up a written application and send it to the insurance company at its location or its representative;
• additionally, in addition to the written form, documents can be sent electronically.

A citizen applying for accident insurance under OSAGO is required to submit a package of documents:

• passport (photocopy) of the perpetrator;
• documents for the vehicle (copies);
• certificate from the traffic police;
• notice of an accident;
• a protocol (copy) on an administrative offense / ruling on refusal to initiate an administrative offense;
• transfer details.

Payment terms in 2018

Limited time is given to resolve the issue of payments to the victim and insurance companies. Within 5 calendar days, an application for an insured event must be sent to the insurance company, which has 20 working days to transfer funds for restoration repairs or submit a justified refusal of compensation. If the twenty-day deadline is not met, the company faces fines for the delay - it will have to pay the victim a penalty at the rate of 1% of the insurance for each day of delay, but within the entire insurance premium under the contract.

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MTPL payments in 2018: rules for reimbursement of the sum insured

If a person is involved in an accident, he receive fair insurance compensation according to OSAGO. Today, a special state methodology is used to calculate the damage, which is called the EMRU. But what is the structure of this technique? What laws govern the EMRU? And what formula is used to determine the amount of damage? Below we will find the answers to these questions. We will also consider an example of calculating insurance damage according to EMRU.

The Unified Damage Calculation Method (EMRU) is a special method by which you can calculate the amount of insurance compensation for OSAGO.

In fact, EMRU is a set of formulas.

The unified calculation method is regulated by the following documents:

• Federal Law No. 432-P. Represents the main normative document in accordance with which the amount of monetary compensation is calculated.
• Federal Law No. 433-P. It is an additional regulatory document, which governs the rules for independent expertise, which can be used to estimate the extent of damage and set some crash details.
• BCZ. It is an electronic database that stores information about the cost of certain spare parts to most vehicles.

The draft laws were developed by the Ministry of Transport, the Central Bank and the Russian Union of Motor Insurers (RSA). Before the introduction of the ERMU, there were more than 5 recommended state methods that could be used to determine the amount of damage.

The problem was that these methodologies were not well coordinated with each other, which led to confusion. Another problem was that different methods gave different results, and the amount of recommended payments using different methods could differ by 2-3 times .

Because of this confusion, many disgruntled car owners sued the insurance company, and in 2013, before the passage of the law, the number of such lawsuits was more than 600,000.

The adoption of the EMRU allowed to solve many problems:

• Reducing the burden on the judiciary.
• Increasing the level of transparency between insurance companies and motorists.
• Unification of calculations.
• Stabilization economic model OSAGO.
• Increasing the reliability of insurance companies.

EMRU is a document with which you can calculate the cost of insurance compensation. The EMRU contains the following information − definition of basic terms, calculation algorithms, formulas for calculations, reference materials, rules for preparing expert reports, and so on. With this information, you can accurately determine the amount of insurance payment for repairs.

The unified damage calculation methodology contains information on all the main cars that can be found in the Russian Federation (the total number of car brands is more than 67, and the list itself is updated periodically).

It should also be remembered that EMRU can only be used if the client of the insurance company is an individual.

The methodology has the following structure:

• 7 main chapters, which contain basic information about the calculation of insurance compensation for OSAGO.
• 10 applications, which contain some additional information (correction factors, a list of parts for which wear is set to zero, the size of the average annual mileage of cars, and so on).
• There is also a special electronic base data , which contains information about the average market value of parts. This database is called BCZ.

Type of	Number	Short name	Information
Head of the Basic Law	1	The procedure for determining vehicle damage	Contains general information about EMRU. It also indicates that the EMRU was created so that it could be used to calculate the amount of insurance compensation in case of damage to any vehicle. It also specifies some basic concepts (evidence, inspection of the vehicle, the result of inspections), which are used to calculate insurance payments. Information is also indicated here that all examinations are divided into primary (they are carried out by an emergency commissioner or an insurer technician) and additional (they are carried out by judicial and independent experts).
	2	Investigation of the circumstances of the accident	This chapter deals with the issue of studying the circumstances of an accident. The circumstances of the accident are studied with the help of special examinations, with the help of which it is possible to establish the key details of the accident (based on this information, in the future it is possible to establish the culprit of the accident, the degree of guilt, the type of violations that led to the accident, the amount of damage caused, and so on). Usually, 2 examinations are carried out to investigate the circumstances of the accident. The first examination is an expert-comparative analysis of the documentation that was compiled after the accident. The second examination is a scientific and expert analysis of an accident, with the help of which it is possible to establish the nature and type of damage caused; Based on these data, a computer model can be compiled, with the help of which it is possible to establish the culprit of the accident. If one of the parties does not agree with the conclusions of the previous examinations, it may conduct an additional examination in order to clarify some details that may be important in the consideration of the case.
	3	Determining the level of repair costs	Contains a number of algorithms with which you can calculate the final cost of repairing a vehicle. Here such items of expenditure are stipulated - the purchase of new auto parts (motor, headlights, bumper, and so on), the purchase of materials (paint, primer, abrasive materials, and so on) and the services of technicians.
	4	Determining the level of wear when buying new parts	This chapter contains information on the basis of which you can calculate the wear of old parts. The fact is that many parts deteriorate over time, therefore, when determining the level of compensation, it should be subtracted from the total cost of each new part. residual value old part (including wear).
	5	Determination of the cost of surviving parts if the vehicle is destroyed	This chapter describes a methodology by which it is possible to calculate the cost of some parts, provided that the vehicle is completely destroyed (while there is the possibility of reusing these undamaged parts). The fact is that the damage caused can be so severe that the car will be almost impossible to repair, but some parts may be serviceable. Based on the data provided in this chapter, the cost of these serviceable parts can be calculated.
	6	Determining the value of the vehicle before damage	Contains information on how to calculate the cost of a vehicle before an accident using the methodology. With the help of this information, you can understand whether it makes sense to restore the vehicle at all. The fact is that sometimes the damage can be so severe that repairing the vehicle does not make sense (for example, the cost of the car before the accident can be much lower than the cost of repairs). Also in this chapter, the methodology for calculating the average market value of a new car, which is similar to a damaged one, is indicated. If it turns out that a new car is much cheaper than repairs damaged car, then a person is simply handed money to buy a new vehicle (after all, it is quite difficult to calculate the cost of a car before an accident in most cases).
	7	The procedure for approving directories for calculating the average cost of damaged parts	This chapter contains a list of sources that a technician or insurer can use to calculate the cost of new parts. The fact is that when calculating the damage, many parameters are used that can change (for example, the market value of parts). As normative documents containing the necessary information, some decisions of the Central Bank, an electronic database of spare parts, price standards and some other documents that do not contradict the EMRU are used.
Application to the law	1	Photographing an accident and a damaged car	Contains information on how and in what cases it is necessary to record the consequences of an accident on photo or video equipment. This information will be useful both in the case of drawing up a standard protocol with the involvement of traffic police officers, and in the case of drawing up a European protocol without the participation of traffic police officers. This information may also be useful in the event of a lawsuit.
	2	Typical vehicle damage	Contains information that can greatly simplify the procedure for classifying damage. Also in this appendix it is indicated that there are 32 characteristic lesions in total.
	3	The cost of restoring the body of some vehicles	This paragraph contains information on the basis of which it is possible to calculate the cost of repairing non-metallic bodies of some vehicles. The fact is that the body of some foreign and domestic cars is made not from metal, but from some other materials (for example, from special plastic), so it is necessary additional technique to calculate the repair of such a body.
	4	Commodity markets and boundaries of economic regions	Contains information about which economic regions certain areas belong to (13 regions in total). The fact is that the calculation of the average market cost of parts is made taking into account economic region(after all, for example, the price of a part in St. Petersburg may differ significantly from the price of the same part in Vladivostok).
	5	The size of the correction factors for determining the degree of wear	When calculating the degree of wear, 2 special coefficients are used (depending on the type and brand of the vehicle). In this application, you can find out the size of these coefficients in order to correctly calculate the degree of wear.
	6	The size of the correction factors for determining the degree of wear of very old parts	In some cases, the values ​​of 2 correction factors (used to calculate the degree of wear) can be reduced. This annex provides information on the specific cases in which this may occur; it also indicates the degree of reduction of these correction factors.
	7	List of parts for which wear is set to zero	For some damaged parts, the wear value is set to zero. This appendix provides a list of these parts (brake discs, steering wheels, tie rod ends, and so on).
	8	Directory of average annual vehicle mileage (including regions)	When calculating the cost of repairs, the mileage of the car is also taken into account. In this application, you can find out the average annual mileage of vehicles (taking into account the type of vehicle and the region of residence).
	9	Reducing factor K, which can be used to take into account the operating time of the vehicle	The cost of the insurance payment may be slightly reduced depending on how much time the vehicle is in operation. This annex indicates the size of this reduction factor (the size of the factor depends on the type of vehicle and age).
	10	Additional coefficient K, which can be used to take into account the nature of mechanical damage	The cost of insurance payment can be changed depending on the nature of mechanical damage. This appendix indicates the size of the correction factor, and the factor itself depends on the degree of mechanical damage.

When can I use a unified methodology for calculating damages under OSAGO?

The following persons can use the unified methodology for calculating damages:

• Insurance companies and their official representatives who have the right to inspect damaged vehicles.
• Certified expert organizations (including independent ones).
• Private experts who have been certified and have a license.
• Forensic experts who have been certified and have a license.

After an accident, it is necessary to draw up a vehicle inspection report (usually this document is compiled by experts with the participation of people who had an accident).

The vehicle inspection report must include the following information:

• Reason for vehicle inspection(in our case it will be an accident).
• Exact start date and completion of vehicle inspection.
• The exact address. If the accident occurred near a house - the name of the street and house number, if the accident occurred at the intersection - street names, if the accident occurred far from any settlements - the name of the route, kilometer number and direction of movement.
• Full information about the owner, as well as information about the person who was driving during the accident (after all, in the general case, not the owner of the car, but some other person, for example, a friend of the car owner, may be driving).
• Information about vehicle - equipment, start of operation, mileage and so on.
• Information about damage that occurred before the accident. You should indicate not only all the old damage, but also indicate the type of damage, their location, and so on. If repairs were made or spare parts changed, this fact must also be reflected in the act.
• Information about damage caused by an accident. It is necessary to indicate not only all the existing damage, but also indicate the type of damage, their location, and so on.
• If any detail was taken for analysis for additional examination, this fact must be reflected in the act.
• You should also indicate the current condition of the car in the act. If the vehicle has been towed- information should be reflected in the act on where and how the vehicle was evacuated.

The unified methodology for calculating damages contains special rules that regulate the conduct of special examinations, with the help of which it is possible to determine the amount of monetary compensation.

The EMRU requires examiners to meet the following requirements:

• They must have a higher technical education.
• They must pass special expert-technical courses. At the end, they must successfully pass the exam.
• They must at least once every 5 years take refresher courses.
• The minimum profile experience is 12 months.
• After obtaining a license to conduct an examination, information about the expert is entered into a special list of auto expert technicians. This list can be found on the RSA website. . From this register, you can find out the following information about an expert - full name, city, legal status, accreditation terms, contact details, and so on.

Payout Setting - The Basic Formula

The unified methodology for calculating damages contains information on how to correctly calculate the amount of insurance compensation.

The following formula is used for calculations:

• RK = SR + SM + SD.
• RK- this is total amount of compensation.
• SR- this is repair cost.
• CM- this is Cost of materials.
• SD- this is parts cost that are to be replaced.
• When calculating these indicators, the average market cost of parts, materials and repairs is taken into account. The maximum degree of deviation from the average market value can be no more than 10%.
• When calculating the cost of work (SR) and materials (CM), the date and region of the accident are taken into account .
• Calculation of SR and CM takes place on the basis of standards specified in Appendix No. 3.
• Only those damages that were caused due to an accident are taken into account. . If, for example, someone scratched the car before the accident, then the insurance company will not give money to paint over the scratch.
• It should also be remembered that when calculating the cost of parts (SP), wear should be taken into account . To do this, it is necessary to calculate the correction factor using a special complex formula; after that, this coefficient must be subtracted from unity, and the resulting result should be multiplied by the SD parameter.
  

  It should be understood that the correction factor will always be less than one, so the full market value Damaged items will not be returned to you.

  And rightly so - after all, over time, many parts wear out, and if you have an accident, then the insurance company should only compensate for the market value of the old part.

• If the total amount of compensation exceeds the cost of a new car of the same make and model, then the insurance company will issue money not for repairs, but for the purchase of a new car . Often this approach is used when there is so much damage that it is much cheaper to buy a new car than to repair an old one.

Let's try to calculate the damage ourselves:

• Suppose we have a car CHERY TIGGO (T11). Let's say the car was released in 2012. Her mileage was 70 thousand kilometers.
• The accident happened in March 2016.
• let's Let's calculate the wear rate first.. To do this, you can use a special complex formula; you can also use a special online calculator. Regardless of the calculation method, we will get a wear rate of 0.35 (or 35%).
• Recall that the amount of compensation is calculated according to the following formula : amount of compensation (RC) = cost of materials (CM) + cost of repairs (SR) + cost of parts (SP).
• Let us first calculate the SD parameter (parts cost). Suppose we should buy a bumper, a right headlight and a right headlight mount. To do this, let's go to several sites and find out how much the same parts will cost on different sites (we will visit 3 sites). After that, you should calculate the arithmetic average (this will be the average market value). Let the bumper cost 3,600, 3,400 and 3,200 rubles on different sites - then the arithmetic average will be 3,400 rubles. Using the same scheme, we calculate the cost of a headlight and a headlight mount - let their average market price be 3,000 rubles and 800 rubles, respectively. Now add these three figures - we get 7,200 rubles. Now let's calculate the cost of parts, taking into account wear: (1 - 0.35) * 7.200 = 4.680 rubles.
• Let us now calculate the parameter SR (repair cost). Suppose we only need to repair the wheel arch and carry out wheel balancing. Let the average market price of a standard hour in cases 1 and 2 be 1,000 rubles each. Now let's open Appendix No. 3 - it says that the standard is 3.0 and 0.1 in the first and second cases, respectively. Let's calculate the CP: CP = 3.0 * 1.000 + 0.1 * 1.000 = 3.100 rubles.
• Now calculate the parameter CM (Cost of materials). Suppose we should paint the new bumper and bumper mount. Suppose that the average market price of a standard hour is 1,200 and 500 rubles, respectively. Let's open the application - it says that the standard is 1.0 and 0.4, respectively. Let's calculate the CM: CM = 1.0 * 1.200 + 0.4 * 500 = 1.200 + 200 = 1.400 rubles.
• Now we have all the data. Now let's calculate the amount of insurance payment: RK \u003d SM + SR + SD \u003d 1.400 + 3.100 + 4.680 \u003d 9.180 rubles.

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Conclusion

Now you know what EMRU is. Let's summarize. First, EMRU is the main method by which one can accurately determine the amount of insurance compensation in case of an accident. Secondly, the EMRU is a document that consists of 7 chapters and 10 annexes, where contains all the basic information about the method.