From the collision, Alexander’s car flew off into a ditch. Fortunately, he himself was not injured, but it was scary to look at the almost new “nine”. True, in the first minute, Alexander did not even think about his mutilated car - he rushed to the Zhiguli, which flew off in the opposite direction and suffered even more from the collision. The car was like a bunch of scrap metal, and its driver, without moving, was sitting in the car. Maybe he needs urgent help?
As it turned out, he really needed the help of a doctor, but not a surgeon, but … a narcologist. Vitaly B., who was driving a Zhigulenka, was so drunk that he could not even get out of the car. Nevertheless, having gathered his strength, he said that he was guilty and would pay for everything.
Alexander, of course, did not believe him and asked for a start the CTP policy. The policy was in place. Having calmed down, Sh. Called the traffic police officers, who arrived an hour and a half later and designed the incident. The culprit of the accident did not deny anything. He even wrote a receipt that he would pay the amount needed for repairs if the insurance company had problems. In a word, Alexander, though he drove home on a tow truck, but with full confidence that he would have no problems with insurance.
A few days later, Alexander and his father, having collected the necessary documents, went to the MAKS insurance company with a claim for damages. The amount, according to experts, came running rather big - as much as 93 559 rubles. Well "fooled" Vitaly! And this is only for the repair of the "nine" … The company promised to give an answer, as it should be under the law, within 15 days. The answer came a month later - it was a denial! The insurance company reported that the culprit of the accident was not included in the policy, which means that he is not a person who insured his civil liability. On this basis, they refused.
Alexander did not expect such a turn of events and immediately went to the traffic police to personally see the ill-fated insurance policy. As it turned out, it is not in the traffic police - only the number is known. Then Sh. Went to his insurance company, but they refused to show the policy there either. Not supposedly, they say. It remained to turn to the offender, since he wrote the corresponding receipt. But here he was waiting for a polite refusal! Apparently, having overslept, B. soberly assessed the situation and decided: if there is such an opportunity, it is better not to compensate the damage. At the same time, he vowed that he was inscribed in the insurance policy, and this could be confirmed at the Noginsk branch of MAKS.
I had to go to Noginsk, where the policy was not shown at the local branch either, but was advised to contact the main office. How lucky our hero was that the head office of the company is in his native Moscow, and not, say, in Vladivostok! It is not clear why it is necessary to introduce, as one of the prerequisites for insurance companies working in this field, the presence of representative offices in all subjects of the Federation, if they are sent to the head office on any issue! Meanwhile, an awkward welcome awaited him there. Having no answer, Alexander turned to us.
I NEED A YEAR …
When the Duma adopted the Law "On Compulsory Third Party Liability Insurance of Vehicle Owners", car owners were promised a cloudless life, but it turned out "as always." In order to obtain damages, the victim must collect a bunch of papers at the traffic police, present them to the insurance company, wait for the expert who will inspect the car, draw up an inspection report and make a calculation. Under the law, 15 days are allotted for this, but insurance companies rarely fit into the allotted time. Not to mention the fact that the amount they are willing to pay is often not enough for a full-fledged car repair. So the victims are forced to seek the truth in the courts …
When we got acquainted with the materials of the case, we decided to apply to the court with a claim for compensation for material damage directly from the perpetrator of the accident, and to involve an insurance company as a third party. To do this, it was nevertheless necessary to make sure whether the culprit of the accident was included in the policy or not: it is one thing to collect money from someone who has nothing but a broken "penny" for his soul, and the other from the insurance company. We sent our claim to the Noginsk court.
The first hearing was scheduled two months later. At the hearing, the lawyer for the accident presented the original civil liability insurance policy, which Vitaly B. was actually inscribed on! Only now the record was made in a different paste and in a different handwriting, while there was no stamp of the insurance company confirming the introduction of changes to the policy. The insurers clung to this: "The changes were made by the culprit of the accident on their own and therefore are not valid." So, you don’t have to pay money. The defendant insisted that the changes were made by the insurance agent in the Noginsk branch of the insurance company. The court ordered the latter to provide documents from Noginsk confirming or denying this fact.
Court hearings were postponed several times. First, the defendant fell ill (a favorite method of delaying the process), then the judge was busy in another process. The case took a protracted nature, and we no longer expected that it would end within a year. But then they called from an insurance company …
It turns out that the culprit of the accident was indeed inscribed in the policy, only the Noginsky branch either did not inform the main office about it, or did it the wrong way. In general, we were offered to conclude an amicable agreement without waiting for a court decision: the insurance company makes the full payment necessary for the repair of the car (plus the cost of drawing up the calculation), and we refuse the rest of the requirements. At the same time, the company is ready to pay the money right there. Alexander was quite satisfied with such an offer (a bird in his hands is better than a crane in the sky), and the very next day he received the money. At the hearing, which took place a few days later, we refused the claim.
Why did we tell this story? First of all, in order to show once again the imperfection of the OSAGO system using a separate example. Alexander received damages almost a year (!) After the accident, and, as our practice shows (we receive a lot of such appeals), this is far from an isolated case.
If we assume that the culprit of the accident was not really included in the policy, then why should the victim go to court, lose time and money? Maybe you should pay him what is due from the reserve fund of insurance companies? After lawmakers have amended the Law “On Compulsory Third Party Liability Insurance of Vehicle Owners”, this fund can be used to compensate for damage caused to the health of the victim by a person who did not insure liability or who fled the scene of an accident. It is enough to contact the Russian Union of Auto Insurers (RSA). This option was not offered by Alexander at the MAKS company …