What to do if the insurance company paid little for OSAGO?
According to Russian law, domestic car owners are required to issue an OSAGO policy. What is OSAGO, we already wrote on Vodi.su, this is our liability insurance. That is, if you get into an accident and damage someone else's property, compensation to the injured party will not be paid by you, but by the insurance company.
But it often happens that insurance companies do not pay out the amount that the driver was hoping for, so you either have to fork out of your own pocket or look for ways to make the insurance company adequately assess the damage and pay it in full.
Recall that since 2015, the following limits for OSAGO have been in force:
- treatment of victims of the accident - up to 500 thousand rubles;
- reimbursement for vehicle repairs - 400 thousand rubles.
Within 5 days after the accident, you must properly complete and submit documents to the UK. To do this, it is advisable to immediately call your insurance agent and he will issue them according to the rules. IC is obliged to pay the amount within 20 days.
Of course, every motorist responsible for an accident wants OSAGO to cover all the costs of repairing the vehicle or treating the injured party. But what to do if there is not enough money, and you do not want to pay your own, or do not have the opportunity?
Consider this issue on our autoportal Vodi.su.
Sequencing
There is a clearly defined strategy that helps to get from the UK not only reimbursement of real repair costs, but also current costs, and sometimes moral damage:
- receipt of an insured event report with a calculation and expert assessment - in the insurance company you are required to hand over this document, since such a clause is included in the contract;
- contacting an independent expert bureau for a real assessment of damage;
- filing a pre-trial claim with the UK;
- going to court.
At first glance, everything seems simple enough, but there are some pitfalls, so we focus on them.
First of all, repairs should not be started until you have received compensation.
If the injured party does not have the opportunity to wait 25-30 days, for example, people were injured or they need a car for doing business, then try to keep receipts, and also photograph the damaged car from different angles.
The act of the insured event is drawn up by the agent, then the expert draws up a conclusion and indicates the amounts necessary for the restoration of the vehicle. Please note that the cost of restoration is indicated taking into account the wear and tear of parts. That is, the repair of two absolutely identical car models, but of different years of manufacture, will not be the same - restoring a newer car will cost more.
It is worth noting that often motorists do not take into account the degree of wear of parts and think that the UK does not pay them extra. In addition, if the car is beyond repair, then in this case you are unlikely to get the maximum possible amount in your hands, since the UK believes that the owner will not scrap it, but will sell it for spare parts. Accordingly, the insurance company will overstate the cost of the parts to be sold, and thus pay less than it should.
Independent re-examination
Having in your hands an act of an insured event, a calculation and an expert opinion, you will contact an independent expert organization. The best option is that the expert will be able to assess all the damage in real life, and not from photos or receipts.
Motorists who often get into accidents immediately call not only an insurance agent, but also an independent expert at the scene of an accident, because they know that in most cases insurance companies do not pay the full amount of OSAGO.
An independent expert will check the calculations with the real state of affairs and draw up his own resolution, which will either confirm the correctness of the calculations of the specialists of the UK, or refute them. An independent specialist will also take into account the wear of parts and give you the most correct conclusion.
Please note that only bureaus that have all the necessary licenses and permits can engage in such activities. Ask them to provide you, or ask your friends who they turned to in such cases.
There are some other important points:
- you need to notify the UK about the place and re-examination;
- if the car is not older than 5 years, then as a result of repair, its value will decrease significantly. Loss of commodity value should also be included in the amount of compensation.
Keep the payment documents for the payment for the services of the expert bureau. You will have to reimburse this amount.
Pre-trial claim and litigation
The pre-trial claim is filed with the UK.
It is modeled as follows:
- the addressee is the management of the UK;
- the reason for the appeal is non-payment of the required amount;
- result - indicate the amount you expect.
It is also necessary to attach copies of all documents: passport, STS, PTS, OSAGO policy, checks from the service station and the expert bureau, the results of the re-examination. The IC is obliged to consider your appeal and make a decision within 10 days.
Accordingly, if there is no favorable result for you, it remains to go to court. At the same time, you can file complaints with the RSA and the FSIS. These organizations will not help you resolve the dispute, but the reputation of the UK will be damaged.
A lawsuit is also filed according to the model. It is advisable to hire a good auto lawyer. You can ask your question to a specialist for free on our website. In case of loss, the UK will be obliged to compensate the real amount of damage, as well as pay a fine of 50% of the amount that they did not pay in addition initially.
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