A huge number of vehicles travel on the roads of our country. It’s not a secret for anyone that various situations can happen during this, including road accidents. Therefore, the car owner must have insurance.
Any driver faced a problem when, when trying to get insurance payment, the insurer refused to provide payment due to the loss of the commodity value of the vehicle. Most of all, owners of expensive cars face this situation, which can lose up to 30 percent in value. In order not to get into a difficult situation, each driver must know how to get TCB in compulsory motor liability insurance.
Despite the fact that the activities of insurance companies are regulated by law, nevertheless there are a lot of pitfalls in it, which provide many options for loopholes for unscrupulous insurers. As practice shows, it is possible to resolve the issue of insurance payments through the court, but not all motorists know how to do this.
general information
TCB for compulsory motor third-party liability insurance is a fall in the value of a vehicle as a result of a
traffic accident and further repairs. On the one hand, this is not surprising, because a new car costs significantly more than the one that was in an accident, but on the other hand, the car owner loses the amount of monetary compensation in the event of an insured event.
Despite the fact that in 2017 many motorists gained good experience in dealing with lawlessness of insurance companies through litigation, nevertheless, inexperienced drivers often face various problems when applying to the court. According to the current legislation, only real damage resulting from the accident is subject to compensation, and after the car is repaired, it ceases to be so. So how do you get full compensation in the case of TCB for compulsory motor third party liability insurance?
In what situations is TCB expected to be paid?
It is immediately worth noting that to receive payment for the loss of the commodity value of a vehicle is far from possible in all cases.
To do this, you need to satisfy several criteria:
- not be responsible for the accident;
- the amount of damage received should not exceed 400 thousand rubles;
- the age of the vehicle should not exceed 5 years if a car is of foreign manufacture, and 4 years for Russian cars;
- machine wear should not be more than 35%.
It is worth noting that the conditions for the payment of TCB under compulsory motor third-party liability insurance are similar, as for hull insurance. Therefore, if you do not satisfy at least one of the items listed, then you can not count on the payment of monetary compensation.
How is TCB calculated?
As mentioned earlier, the payment of TCB under OSAGO is possible only if certain requirements are met. The newer the vehicle, the lower its mileage and
physical wear and
tear, the larger the monetary compensation.
To determine the exact size of the loss of the transport cost of the machine, it is best to contact an independent company specializing in this matter. After the completion of the examination, the company issues a document stating the exact amount of the repair, taking into account the technical condition of the car.
How to receive payment on TCB?
The main problem of receiving insurance payments under TCB is that insurers, by law, are not required to make them. All insurance companies refer to the legislation, which says that only real damage resulting from the accident is subject to compensation. Therefore, before going to court, it is necessary to understand whether it makes any sense to bring the case to trial. It is very easy to determine this if you compare the current market value of new and broken cars of the same brand.
Next, you must complete the following steps:
- submit to the insurance company an application for TCB for CTP, a sample of which can be obtained from the insurer;
- if the insurance company refuses to compensate for the damage, then it is necessary to undergo an independent examination to evaluate the performed repair work;
- prepare a statement of claim and the necessary package of documents for the trial.
As practice shows, in most cases the courts take the side of the motorist.
Application
The TCB application for compulsory motor liability insurance must be submitted in two copies, each of which must bear a seal. You give one copy to the insurer, and leave the second with you. This will be a guarantee that the UK will not be able to declare in court that there was no appeal to him with a request to pay monetary compensation under TCB.
In most cases, a statement of claim is filed, so you should not hope that at the sight of it the insurer will immediately satisfy your claim for payment of compensation.
What documents will be needed?
Making compensation for TCB under OSAGO, an application to the insurance company must be submitted together with the following documents:
- original and copy of passport;
- driver's license;
- insurance contract or policy;
- a copy of the application and claim that was presented to the insurer during the pre-trial proceedings;
- receipt of payment of state duty;
- documents for the vehicle: technical passport, certificate of registration, ticket for passing inspection;
- Documents from the STSI: a copy of the statement on fixing the accident, a protocol, a resolution or refusal to initiate proceedings, and others;
- copy of a traffic accident notice;
- copy of the document confirming the occurrence of the insured event;
- conclusion of independent appraisers on the cost of repair work;
- inspection certificate;
- report on the amount of loss of the commodity value of the vehicle;
- an agreement between the car owner and an independent expert;
- copies of claims for each of the defendants in the trial.
This package of documents is mandatory for the transfer of proceedings to the court.
Collection procedure
The collection of TCB for compulsory motor liability insurance takes place in the following order:
- Submission of an application to the insurer with a request for payment of monetary compensation.
- Waiting for an official response from the insurance company about the satisfaction of your request, which should be sent to the post office by registered mail.
- Self-assessment of the likelihood of compensation for TCB.
- Appeal to independent experts to assess the real cost of repairing a vehicle.
- Filing an application with an insurance company with a request to pay compensation for the lost value of the car in full.
- In case of refusal to pay compensation, a claim is drawn up in the name of the Director General of the insurance company.
- If the claim is rejected, then a lawsuit is filed.
Only following this scheme, it is possible to achieve compensation for the lost commodity value of the vehicle.
Who pays for TCB
Compensation is paid by the person who acts as a defendant during the trial. This can be either an insurer or a driver who caused an accident.
If, when calculating the TCB for CTP, it was found that the cost of the repair work exceeds 400 thousand rubles, which the insurance company is obliged to pay in accordance with the current legislation, the rest of the compensation is borne by the person responsible for the accident.
Forfeit
To date, a separate provision for the penalty in the event of a delay in compensation for the loss of the commodity value of the car is not provided, and any problems associated with it are resolved in a standard manner. Thus, the amount of the penalty will be determined on the basis of the principle, as in the case of delay or refusal to fulfill obligations imposed by the court.
If during the trial the insurance company will be obliged to pay compensation under TCB, but the insurer will delay payments, then for each day of delay the penalty will be imposed on him in the amount of 1% of the cost of repairs. The insurance company has 20 calendar days to reimburse TCB under compulsory motor liability insurance.
When repairing a service station
You can receive compensation for the loss of the commodity value of the vehicle for both compulsory motor third-party liability insurance and hull insurance. However, before you start the proceedings, you must carefully read the insurance contract. It should state whether the insurance company is responsible for the TCB and whether it pays compensation.
It is important to understand that no insurer will voluntarily indemnify, therefore, this problem will have to be resolved through a court according to the standard scheme that was described earlier. Do not be afraid of litigation, because, as practice shows, in most cases the insurer wins.
But only those motorists whose vehicle wear level does not exceed a certain threshold can count on receiving payments. For CASCO policies, it is not more than 35 percent, and for compulsory motor liability insurance - 40%.
A few tips and tricks for getting TCB
The process of receiving payments in case of loss of the commodity value of the car is very complicated, since this goes against the interests of the insurance company, which will try to refuse them to the client by all possible means. In this article, step-by-step instructions were described in detail, by observing which, compensation for damage can be achieved.
Here are some more general tips and tricks that will be useful to drivers who have encountered a TCB:
- If the amount of damage incurred on TCB exceeds the limit of insurance payments specified in the contract, then compensation for the remaining amount can be requested from the person who caused the accident.
- Accidents occurring as a result of a collision with green spaces and some types of buildings also fall under the category of insurance cases with TCB.
- According to new changes in legislation, TCB compensation can be obtained if the car was damaged at the hands of hooligans not only on the roads, but also in the yards.
- If an accident was recorded using the European protocol, then TC compensation can be obtained if there is a photo and video from the scene.
Understanding all aspects and nuances of receiving monetary compensation under TCB, as well as timely measures taken will help to win the trial and receive full damages. If the claim of the insured to the insurer is fully justified, the court will certainly take the side of the plaintiff.