The auto lawyer named steps to review the underestimated insurance payment after an accident

Situations where an insurance company transfers an amount that is not enough for a real car repair have become familiar to car owners. The reasons can be different — from the formal calculation using a single method to ignoring some of the damage or features of the machine configuration. Natalia Mishanina, an auto lawyer, told Izvestia on February 4 about how to achieve full compensation after an accident.

According to her, receiving a payment corresponding to the actual costs of recovery is not an exception, but a legitimate right of the victim. However, in practice, insurance companies often use several standard techniques to reduce the amount of compensation.

"Most often we are talking about an incomplete list of damages. An external inspection does not always reveal hidden defects — for example, an impact may not destroy the bumper, but deform its fasteners or amplifiers. In addition, there are errors in the selection of spare parts, when the specific configuration of the car is not taken into account, as well as ignoring individual repair technology operations, such as dismantling windows or body elements," Mishanina explained.

The expert recommends that you first request an expert opinion and calculation from the insurer, and then check the correctness of the calculation. CTP payments are made according to a single methodology and reference books of the Russian Union of Motor Insurers, which are publicly available.

The amount of compensation directly depends on which claim the victim claims — a monetary payment or a referral for repairs. If the first option is chosen, the insurer has the right to take into account the wear of parts, which can reach 50%, and the total amount is almost always lower than the actual cost of restoration. When repairs are required, the car owner's position changes.

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"If the insurance company has not organized repairs, the victim has the right to receive a payment without taking into account wear and demand an additional payment to the average market prices if the RSA directories turn out to be lower than the actual prices. In some cases, it is more profitable to request repairs: either the car will be restored without additional charges within the CTP limit, or you can recover the difference to the market value," the lawyer noted.

She also recalled that insurance companies often forget to take into account the loss of the marketable value of the car, which is subject to compensation, and in case of violations of the terms and procedure of payments, the victim is entitled to a penalty and fine.

If the amount of compensation seems to be underestimated, Mishanina advises to act in stages. First, an independent examination should be carried out, and if repairs are required, two calculations should be made: according to a single methodology and according to the average prices of the region. Then send the claim to the insurance company with the attached expert report. In the absence of a satisfactory answer, it is necessary to contact the financial commissioner — this is a mandatory pre-trial procedure for CTP. In the event of a dispute, the next step is the court, where, as practice shows, most lawsuits end in favor of the victims.

Summing up, the expert emphasized that in order to get the amount that is really enough to restore the car, it is worth demanding repairs at the stage of contacting the insurance company.

"You shouldn't accept an offer to get the money first and then try to change the requirement. A competent position from the very beginning significantly increases the chances of full compensation," concluded Mishanina.

On January 27, Alexander Abramov, Executive Director of Sberbank Insurance, spoke about non-insurable situations. In car insurance (CASCO), payments are not required if the damage is due to natural wear and tear of the car — replacement of brake pads, shock absorbers, oil and other elements of scheduled maintenance. Also, the use of a car for other purposes is not recognized as an insured event, for example, to participate in races or to operate a taxi without an appropriate option.

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