The explanation refers to the application by the courts of amendments to the legislation on compulsory motor liability insurance. Let me remind you that the Central Bank of Russia approved the CTP Rules and a unified methodology for determining the cost of restoration repair (ЗР, 2015, No. 2). With its adoption, the number of disagreements on payments, and, consequently, the reasons for judicial claims will be minimized.
From now on, it is legally enshrined that the insurance company is obliged to pay damages, even if the culprit of the accident is not included in the insurance policy. If the insurance agent or broker has not transferred money to the insurer for the sold CTP insurance policy, it is also impossible to refuse payment on this basis.
The total period for applying to the court with claims against the insurance company is three years. The Supreme Court clarified that non-compliance with the claim procedure is the basis for the return of the statement of claim.
Since September last year, before applying to the court, it is imperative to apply with a pre-trial claim to the insurance company. This requirement extends the term of consideration of the case by at least a month.
To file a claim, you need to obtain an independent expert opinion. Independent examination is also calculated using a single method.
According to the statement of the victim, the insurance company determines the size of the restoration repair using a unified methodology. The methodology is mandatory for everyone - for insurers, and for independent experts, and for the courts. Previously, the amount of damage was determined according to various rules, which led to a significant difference in the calculations. Of course, disagreements cannot be completely ruled out. For example, they can arise when determining the work required to restore a car.
In addition, the Supreme Court ruled that the loss of the commodity value (TCB) - premature deterioration in the appearance and performance of the car, was also attributed to real damage under the mandatory liability insurance scheme. The corresponding amount will be calculated by independent experts according to previously used methods. Previously, the courts did not collect insurance compensation from insurance companies under the mandatory motor third party liability insurance, but now they will.
The insurance company is obliged to pay compensation within 20 business days. If this period is not respected, a penalty in the amount of 1% of the amount of damage for each day of delay can be recovered from the insurer. Moreover, the amount of the penalty cannot exceed the amount of damage.