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Policyholders Will Not Be Given Money For Auto Repair

2024

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Video: Policyholders Will Not Be Given Money For Auto Repair

Video: Policyholders Will Not Be Given Money For Auto Repair
Video: Know your rights about auto repair 2024, March
Policyholders Will Not Be Given Money For Auto Repair
Policyholders Will Not Be Given Money For Auto Repair
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OSAGO: that did not hear in the State Duma www.zr.ru

Начнем с выводов: выбивать страховое возмещение по ОСАГО, может статься, будет еще сложнее, и получать не заниженные суммы компенсации - также. На это наталкивают комментарии привлеченных «За рулем. РФ» экспертов, которые приняли участие в организованном Госдумой общественном обсуждении проекта поправок в закон об ОСАГО
Начнем с выводов: выбивать страховое возмещение по ОСАГО, может статься, будет еще сложнее, и получать не заниженные суммы компенсации - также. На это наталкивают комментарии привлеченных «За рулем. РФ» экспертов, которые приняли участие в организованном Госдумой общественном обсуждении проекта поправок в закон об ОСАГО

Let's start with the conclusions: it may become even more difficult to knock out insurance indemnity under compulsory motor third-party liability insurance, and it will also receive underestimated amounts of compensation. This is prompted by the comments of experts involved in “Driving. Russian Federation” who took part in a public discussion organized by the State Duma on the draft amendments to the OSAGO law. Let's start with the conclusions: it may become even more difficult to knock out insurance indemnity under compulsory motor third-party liability insurance, and it will also receive underestimated amounts of compensation. This is prompted by the comments of experts involved in “Driving. Russian Federation” who took part in a public discussion organized by the State Duma on the draft amendments to the OSAGO law.

The confrontational nature of the proposals for the draft even forced the Supreme Court to postpone its plenum on the future version of the law. There is nothing to discuss so far: insurers and their opponents - advocates of the rights of motorists - have not come to an agreed opinion. Another attempt to reach an agreement is scheduled for the eve of the December meeting of the State Duma, at which the second parliamentary hearing of the bill should be held. Only then will the Supreme Court have something to consider.

And then, provided that the package of amendments develops fully. To the surprise of the participants in the public discussion, it turned out that a unified methodology for assessing damage in road accidents is still not ready. The absence of the document is called the root cause of the mass of lawsuits by car owners against their insurance companies: arbitrarily guided by one of several existing methods, insurers, on average, underestimate the amount of payments by 30-40%.

“And now we have agreed to the point that a unified technique is not needed at all,” Sergei Kanaev, leader of the Russian Federation of Car Owners, shared his impressions after the public hearings in the State Duma. - On the grounds that there is a state structure, Rosstrakhnadzor, even if it examines all disputed cases, and there is nothing to bring the matter to court … But it is clear whoever acts as an arbitrator, needs some kind of benchmark, with which only you can determine whether the amount of compensation for damage in an accident is justified.

OSAGO: that did not hear in the State Duma www.zr.ru

Лидер Федерации автовладельцев России Сергей Канаев
Лидер Федерации автовладельцев России Сергей Канаев

The leader of the Federation of car owners of Russia Sergey Kanaev. The leader of the Federation of car owners of Russia Sergey Kanaev.

- All over the world, according to Audatex (a computer program for calculating the cost of restoration repair of vehicles. - Ed.), The losses are estimated, said another participant in the Duma meeting, Nikolai Tyurnikov, head of Glavstrakhnadzor, president of the Insurers Protection Association. - This system honestly considers damage, no one disputes its figures. Our insurers, however, do not want to understand that an increase in losses is inevitable if they offer incontrovertible results: the legal costs of companies will continue to grow, and the customer loyalty rating will remain low. Actually, the level of trust in insurance companies (IC) can be considered statistics. Motorists use only 8% of accidents to draw up the Euro protocol by the participants of small road accidents without calling the traffic police (and I think the data is overpriced): they are afraid that the insurer will stick to any incorrectly written letter and not see any damages.

Understanding that it would not be possible to block the application of a unified methodology (the federal authorities insist on its introduction), the Russian Union of Auto Insurers (RSA) volunteered to develop it itself, says Nikolai Turnikov. However, everyone understands that this will be a document "in favor" of the UK.

The position of a powerful insurance lobby was guessed at by the Duma discussion on a number of proposals. For example, on a non-alternative form of loss settlement: customers should not demand money for repairs - cars should be restored only in auto repair centers operating under contracts with insurers. Speakers do not seem to understand the obvious reasons why drivers should not be deprived of the right to choose … Insurers do not want to change anything in the methodology for recording wear of parts. Which means: the money paid under OSAGO will still not be enough to repair the car.

At the same time, they did not forget to say once again about the urgent need to increase the cost of policies in connection with the increase in the “ceiling” of insurance claims payments. The figure at the meeting in the State Duma was not named, but this figure of silence is eloquent: until recently, they insisted on an increase in the price of policies by 60-70%, at worst - by a quarter.

OSAGO: that did not hear in the State Duma www.zr.ru

Николай Тюрников, президент Ассоциации защиты страхователей
Николай Тюрников, президент Ассоциации защиты страхователей

Nikolai Turnikov, President of the Association of Policyholders Protection. Nikolai Turnikov, President of the Association of Policyholders Protection.

Key point: during the first parliamentary reading of the draft law on amendments to the “motor citizen”, most deputies, under the pressure of insurers, advocated that the provisions of the Law on Protection of Consumer Rights do not apply to compulsory motor liability insurance, continued Nikolai Turnikov. This majority, apparently, does not represent the enormous consequences: the previous practice gave many examples where drivers were deprived of the opportunity to demand the mandatory car insurance … Later, the Supreme Court clarified that the proposal was contrary to fundamental legal norms and civil rights.

The problem would seem to be exhausted. But the insurance lobby continues to insist. At the last discussion in the State Duma, President of the RSA Pavel Bunin spoke about the need for a “point-to-point distribution” of the norms on consumer rights to the Law on Compulsory motor liability insurance. Figuratively, this means - compare. The Law on Consumer Rights establishes that for delaying payments on the perpetrator for each day of delay a penalty of 3% of the maximum possible amount is imposed (in our case, according to the current OSAGO standards, from 120 thousand rubles). The head of the PCA proposed to bring down the norm to 1/75 of the part (1.33%) of the amount - attention! - designated for payment. And it is often much less than the maximum possible. Moreover, the average size of payments in compulsory motor third-party liability insurance tends to decrease annually.

Further - forest. Suppose IC insured the insured with at least a small share of, say, not 50, but 5 thousand rubles. Then, the head of the PCA insists, should not be fined at all. After all, they paid something!

If you call a spade a spade, insurers are lobbying for themselves with impunity to violate the rights of clients, Nikolai Turnikov believes. Their vision of the MTPL Law is legal ugliness. Judge of the Supreme Court Viktor Momotov accurately said during the discussion: the paradigm of views has changed over the past ten years - now we are creating a state in which a person with his rights is at the forefront. This principle did not become, but should become the core of the relationship of insurers with policyholders, without violating each other's rights. Now motorists are in a worse position. If they are needed by the insurance company, then only until they pay the policy, and after they become enemies, such insurers have no future … I agree with the judge: ugliness is not viable.

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