When repairing under compulsory motor liability insurance or compensating for losses, quite a lot of controversial issues may arise. The task of any driver is to carefully study all the nuances of car repair under MTPL. It is important to find out what are the features of the legislation on repairs under MTPL, to get answers to the most important questions: how can you get the necessary original spare parts, how to act correctly when repairs are delayed?
Key current repair rules for compulsory motor vehicle liability insurance in 2021 are of significant importance. A lot of questions arise when repairing a car using an MTPL policy, and the task of the car enthusiast is to understand all the intricacies. The main regulatory acts regulating this procedure are Federal Law No. 40-FZ dated April 25, 2001 “On Compulsory Motor Liability Insurance” and Bank of Russia Regulations No. 431-P dated September 19, 2014 “On the rules of compulsory civil liability insurance...”.
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How to get a referral for repairs under OSAGO
It is necessary to obtain a referral so that the car can be repaired according to compulsory motor liability insurance. The issuance of a referral for repairs is possible after consideration of the relevant application; it is written by the owner of the car and then sent to the insurance company. When the insured event does not fall within the existing provisions of the law, insurance is provided in the form of vehicle repairs.
At the same time, a referral for repairs under OSAGO is valid for 30 days - during this period the car should already be repaired.
To receive a referral for repairs under OSAGO, the driver must:
- Notify the insurance company about the accident.
- Collect a package of documents, which includes an insurance contract and the policy itself, a title, receipts for payment for a tow truck, examination and parking, a passport, copies of the protocol and resolution of the traffic police and a notification of an accident.
- Draw up an application for payment of the insurance amount and submit it to the insurance company.
- Provide the car for inspection to the insurer (this must be done within 5 days from the date of filing the application for insurance compensation).
- The car is inspected by the insurance company, and it may also be sent for an independent examination.
When all the necessary documents have already been received, the circumstances of the incident have been clarified and an assessment has been made, the car has been inspected and the appropriate examination has been carried out, the insurance company issues an official referral for repairs. The MTPL rules define specific deadlines for this: 20 or 30 days.
The direction includes the following data composition:
- information about the victim;
- details of the policy, insurance contract;
- vehicle data;
- the amount of additional payment for repairs;
- car repair deadline;
- the name of the service station where the repairs will be carried out, as well as its address and details.
When there are contracts between the insurer and the service station, the policyholder will be able to independently determine the service center from the corresponding list.
You need to choose as carefully as possible, since each service may have its own restrictions for vehicles.
The insurance company that provided the direction for repairs under the MTPL policy is responsible for compliance with the deadlines and quality of repairs.
Where are they sent for repairs under compulsory motor liability insurance in 2020?
Each insurance company has a list of service stations with which it has an agreement to carry out repairs. The number of such stations can be very different. The list is offered to the vehicle owner, and he can choose a service station to which he will receive a referral for repairs at the expense of compulsory motor liability insurance.
When choosing, we usually evaluate:
- service station specialization;
- its location and remoteness;
- reputation of the repair base.
You can refuse a referral for repairs under MTPL in 2021 for several reasons:
- when concluding the contract, it was immediately indicated at which station the insurer’s car was being repaired, and the service station agreed to payment through the insurance company;
- when submitting documents for compensation, the vehicle owner indicates the name of the specific service station for repairs and the insurer has no objections;
- a new car (not older than 2 years) is subject to repair by a dealership, and the insurer does not have an agreement with such an organization.
In all cases, a referral is issued only with mutual consent of the insurance company and the policyholder.
How does the car repair procedure work under OSAGO?
It is necessary to consider in detail the procedure for repairing a car under OSAGO. The Law “On Compulsory Motor Liability Insurance” has a corresponding article 12 , which, among other things, establishes criteria for the accessibility of the place of restoration depending on the location of the accident or the place of residence of the victim.
The maximum distance can be 50 km.
In certain cases, the insurer is willing to bear the cost of transporting the car. Then the distance to the repair site will no longer matter. Now the car owner can independently choose where the repairs will be carried out: this is done in a service center or at an insurance company service station, as well as at an official dealer.
Repair from an authorized dealer
Car repairs at dealerships are in fairly steady demand. It is performed when no more than two years have passed from the moment the car was released from the assembly line. If the warranty is valid, the dealer will perform the repairs at his service center. It is important to understand that this requires an agreement between the dealership and the insurance organization.
Sometimes the list of service stations does not include the corresponding official dealer. In this case, the insurer issues a referral for specialized repairs at the dealer.
There is another option: compensation of costs in monetary terms. The limit of insurance payments is 400 thousand rubles (Article 7 40-FZ).
At the service station of an insurance company
Free car repairs under MTPL are carried out by the insurance company. In this case, an agreement is concluded between the service, the insurance company and the client. The documents must describe in detail all the work, its features, deadlines, as well as a list of spare parts indicating their specific prices. If the level of 400 thousand rubles is exceeded, the client will have to independently cover the additional costs of restoration repairs.
In addition, only new components are used during repairs. For example, repairing or replacing a bumper requires the use of new parts, rather than refurbished, previously used parts.
Warranty periods are set in the following amounts: one year for painting and body work, six months for restoration.
When the repair work is completed, the car is handed over to the owner for acceptance. The acceptance certificate can be signed only after there is confidence that all faults have been properly eliminated. If there are any shortcomings, you can already solve the problem through a complaint procedure.
If problems are discovered after signing the acceptance certificate, it is almost impossible to file a claim.
Rules for repairs in an independent service
It is important to remember the requirements for a service station when repairs to a warranty vehicle are carried out by a third-party service. To issue a referral, you will need to obtain the appropriate written permission from the insurance company. It indicates the details of the service station, as well as the address, contacts and name of the specific service center.
The insurance company may agree and send the car to a third-party service. Then the costs are covered without taking into account the wear and tear of spare parts. In addition, the insurer will have the right to consider the application for a longer time (10 days more, 30 days in total).
If the deadlines are not met, the insurer is obliged to pay a penalty.
Car repair time under MTPL
The car must be repaired within a maximum of 30 days (Clause 15.2, Article 12 40-FZ). This period is counted from the very moment when the owner brings his car to the service station or transfers it to the insurer for transportation to the place of repair. It is extremely important that the maximum repair period under OSAGO is not exceeded.
Did the repair take longer? Then you can send a corresponding complaint to the service station, as well as to the insurance company. These authorities are required to promptly consider the appeal.
The maximum period for consideration of a complaint is 5 days/
The specific period required for high-quality repair of a vehicle is determined in each case individually. This is done at the service center after inspecting and diagnosing the car. The repair instructions indicate the exact repair time frame, but it is possible to change them.
How not to pay extra for repairs under OSAGO
Article 12 of Federal Law No. 40 regulates the procedure for paying for repairs of vehicles within the framework of compulsory motor liability insurance. There are 3 options available:
- If the amount of damage is less than 400,000 rubles, then restoration is carried out entirely at the expense of the policy. This amount includes costs for expert assessment, evacuation of vehicles, costs for spare parts, and wages for repairmen;
- If damage exceeds 400 thousand rubles, insurers pay the amount provided for by the policy, and the owner of the vehicle pays the missing amount. This option requires the voluntary written consent of the participant in the accident and is decided individually in each case. The IC or STO do not have the right to force such a solution to the issue;
- If the estimated cost of repairs exceeds the amount of compulsory motor liability insurance, and the insurer does not have the funds to pay additionally, or refuses to pay for other reasons, then the insurance company is obliged to transfer the full amount of insurance compensation.
It must be remembered that, based on the results of the repair, the owner must pick up the car in the same condition as it was before the accident, i.e. Partial work within the limit amount is not allowed.
It is necessary to carefully read all the documents that are offered for signature at the insurance company and not sign any papers at the service station, so that in the future it does not turn out that some of the work must be paid for independently, as not included in the insurance.
Calculation of the cost of repairs according to OSAGO
You can roughly calculate the cost of car repairs in advance. The price of spare parts will be of significant importance here. Keep in mind that the spare parts cost catalog according to PCA reflects current information, so it is always useful to check with it.
How to properly accept a car after repair
Judicial practice regarding poor-quality car repairs is widespread: the number of trials is increasing literally every day.
The most important thing in such a situation is not to sign the car acceptance certificate after the repairs have been made if you are not sure of its quality.
Be extremely careful: the car needs to be inspected and tested.
What to do if repairs under compulsory motor liability insurance were done poorly
The results of the work are assessed by the vehicle owner himself. To do this, it is necessary to visually assess the condition of the machine and check operation in different modes. If the policyholder is not confident in his own knowledge and abilities, he can invite a third party who can check the quality of the repair.
If the work is unsatisfactorily completed, the owner does not have to sign the acceptance certificate. He records the identified flaws and shortcomings and contacts the insurance company with a claim. It is the insurers who are responsible for the quality of repairs. To prevent repairers or insurers from refusing a claim because there is no evidence, it is advisable to take a photo of what the vehicle looks like.
Within 10 days, the insurance company is obliged to draw up a car inspection report, which records the condition of the car.
Possible results of the complaint review:
- Service station technicians correct identified deficiencies;
- The insurance company writes a refusal to the claim;
- Having received a refusal, the policyholder goes to court with a claim against the insurance company.
Judicial authorities, in accordance with Article 16.1 of Federal Law No. 40, are obliged to refuse to consider a claim if there is no stage of pre-trial (claims) consideration of the issue.
Is it possible to refuse repairs under compulsory motor liability insurance and get money?
Some car enthusiasts prefer to receive money under compulsory motor insurance for self-repairs rather than use the services of a service station. Therefore, many car owners are interested in the question: when the insurance company pays money instead of repairs, what should be done for this?
Now insurance companies themselves decide whether to issue compensation in cash or refuse payment. But you can find a way out. For example, if repairs do not fit within the 30 days required by law, it is appropriate to demand compensation in monetary terms. When the car is not older than 2 years, it must be repaired by an authorized dealer. But if it is not there, and the insurer does not want to pay for transportation, it is better to request compensation in money.
How to get money instead of repairs under OSAGO
The ability to receive insurance compensation in cash is limited by law. There is a list of exceptions in which the amount of damage is transferred to the policyholder's account or given in cash.
The main criterion is the insured’s inability to further operate the vehicle due to:
- significant damage to equipment, i.e. the car cannot be restored or repairs will cost more than the insurance amount;
- death or injury of the policyholder, as well as the absence of heirs who are ready to use the repaired car in the future;
- SK cannot offer repairs in a service that meets the requirements. For example, an accident occurred in another area and there are no stations there that have a contractual relationship with a specific insurance company (i.e., the requirement to move up to 50 km from the accident site is not met).
The possibility of a mutual agreement between the insurer and the policyholder on the payment of compensation in cash is allowed. Most often this applies to new cars that are registered in settlements that do not have official dealerships. In this case, the policyholder receives monetary compensation and independently delivers the car to the service center.
Initially, the following are eligible to claim cash payments:
- disabled people;
- legal entities;
- owners of cars that do not fall into the category of passenger cars;
- owners of cars registered outside the Russian Federation, but having a Russian OSAGO policy.
Thus, despite the general principle of replacing monetary compensation for damage with restoration repairs of vehicles, insurance companies remain obligated to pay for insured events under MTPL policies.
