Insurance payments under CASCO in 2021 - rules, procedure

Is it possible to get money instead of repairs in case of an accident under CASCO insurance?

The motorist needs to study the contents of his policy, which spells out the options for possible payments in the event of an insured event.

The legislative act “On the organization of insurance business in the Russian Federation,” the latest version of which has been in force since August 2021, states that insurance conditions allow the replacement of damaged property with a similar product. If the item can be repaired, the insurance company must reimburse the costs for the damage repaired. The procedure for obtaining comprehensive insurance is enshrined in Chapter 48 of the Civil Code of the Russian Federation.

When an organization pays money or makes repairs under CASCO, this means that this provision is reflected in the contract. When applying for a policy, indicate how the services will be paid for:

• the insurance company sends the car to a service station;
• The service station is chosen by the client;
• Cash payments are made based on the conclusion of experts, and the insurer sends them for an independent examination.

The price of the policy directly depends on the provided payment of costs. The driver should be careful when purchasing CASCO insurance. The choice of an insurance company (IC) should be made not based on the cost of the issued paper, but by studying ways to satisfy requests for repayment of expenses.

Algorithm of actions in case of an accident

A citizen should know how to file an insurance claim under CASCO without an accident. Such situations include damage to a vehicle by intruders, an accident involving one car. The car owner is obliged to record the violation, interview eyewitnesses, and call a police officer to draw up a report.

If an emergency occurs, you need to call a traffic police officer. When a CASCO policy is issued, the Europrotocol is not drawn up. To record the incident, you should take photos and videos of the scene of the traffic violation and interview witnesses. After the inspector arrives, documents are signed containing information about the accident by the guilty party of the accident. At the scene of the accident, you must immediately notify the company about the occurrence of an insured event.

Conditions for receiving payments

If you have CASCO insurance in case of an accident, you should not try to independently resolve the conflict with another participant in the accident, even if the rules are violated on both sides. If agreed between the parties, the insurance company may not assign payments.

Compliance with the conditions will allow you to receive compensation for damage to vehicles:

• availability of a CASCO policy;
• notification of the occurrence of an insured event;
• refusal to sign a document stating that there is no claim against another party to the accident;
• provision of a car for examination;
• timely submission of documents.

It is important to know! In order to receive compensation for damages under CASCO insurance in case of an accident, the emergency situation must be documented. Compensation is paid if the incident was included in the list of insured events in the contract.

In what cases is monetary compensation possible?

If the car is repaired independently, according to the law (Article 929 clause 1 of the Civil Code of the Russian Federation), the insurer is obliged to reimburse the costs when the driver demands money for it. But first an independent examination of the machine must be carried out. Perform operations in the following order:

• provide the damaged car to the insurance company;
• faults are determined by examination;
• take an expert’s report where the cost of service station services is calculated;
• carry out repair work;
• The insurer inspects the restored car and draws up a report, which records the parameters of the actions taken.

Based on a calculation made by an independent appraiser, money is recovered from the insurance company. To confirm the costs, attach to the experts' report receipts for which payment was made to the car service center or an order drawn up by a car mechanic based on the order.

It happens that the insurer sends a vehicle to a service center, but the owner cannot repair it for reasons beyond his control:

• long lines;
• The car mechanic refused to service the scope of work, did not complete everything or provided poor quality service.

In this case, the insurance client may demand cash, since the organization has violated contractual terms.

Cars under warranty are repaired only at a car service center that is an official dealer of the company. When referred to another structure, the insurance company must pay the amount for the work performed specified in the invoice.

How to get maximum insurance

Of course, there are many who want to receive the maximum payment under CASCO. Any vehicle owner, if he is left without a car or something happens to it, wants to compensate for losses as much as possible. I don’t want to upset you, but such cases are rare. The insurer rarely pays the maximum coverage.

Although there is a list of situations that can bring the driver closer to such a payment:

1. the car cannot be restored after the accident (more about “Payments under CASCO in case of complete (total) loss of the car");
2. the car was stolen (read more about “CASCO payments for car theft”).

In both cases, compensation approaches the cost of the vehicle on the market. Therefore, you can get the maximum payment for losses with a new expensive car. True, you shouldn’t delude yourself too much. The insurer will do everything to reduce compensation. And he has the tools to do it. For example, subtract the amount of depreciation from it. After all, the car that was stolen was not a new one, but a used one, therefore, its price is lower than the market car.

Therefore, if you want to get the maximum amount, we advise you to seek the help of an independent appraiser. His services cost 5-10 thousand rubles, but he will be able to provide an opinion on the actual amount of losses incurred. And the insurance company will be obliged to pay it. If the Investigative Committee refuses, then you can safely defend your interests in court.

As a rule, it is the policyholders who win the courts (provided that the entire registration procedure is followed). Therefore, you can get by with a pre-trial claim by sending it to the company. If the cost is really underestimated, then in order to resolve the conflict peacefully and not pay legal costs, the insurance company may agree to an assessment by an independent expert.

Why do insurance companies insist on compensation in the form of car repairs?

It is beneficial for insurance institutions to comply with the terms of the contract developed by them. Although it happens that the agreement does not contain a word about eliminating defects in auto repair shops. But when consumers contact us, insurance company employees begin:

• convince customers about the feasibility of auto repair;
• prove the immutability of the insurance rules adopted by the organization.

The reason is:

1. Correction of technical components is not always carried out after an examination; if the insurer tried to convince the driver that there is no such need, it is possible that the car mechanic will eliminate defects only visible to him and will miss the main damaged units.
2. Auto repair shops are often partners with insurance companies; mechanics install the spare parts they purchase, and in the documents they indicate prices that do not correspond to the actual ones.
3. Space for fraudulent schemes. To avoid participation, you need to scrupulously check the car before and after restoration and payment records.

Repairing minor cosmetic damage to a vehicle and other minor breakdowns is profitable and convenient for drivers. Do not rush to refuse the services of workshops.

If the stated conditions in the CASCO pole contradict legal provisions and infringe on the rights of the consumer, they are not considered valid by law.

If it comes to litigation, you will need to provide correspondence with your opponent. Any position cannot be legally recognized on the basis of unfounded, oral statements. Documents must be attached to each request.

How to get a cash refund under CASCO

The CASCO agreement provides for rules that determine the procedure for issuing funds. The parties can change the conditions recorded by signatures upon mutual agreement of each point. If the policy does not provide for payment of damages in cash without the intervention of a car repair shop, then a similar procedure cannot be used for compensation.

Therefore, you need to re-read the concluded agreement; perhaps it contains a clause on payments or other types of compensation for property losses. If the violations in the car qualify as an insured event, there will be no problems.

To determine the amount, choose one of the options:

• turn to experts for settlements and pay for their services;
• the insurance company carries out the check if the client trusts the employees.

And yet there are ways to compensate for damages with money if this condition is not reflected in the agreement:

• the car is stolen by criminals, for such a case the help of a service station is not needed, but you need to discuss the situation with the insurer in advance;
• after eliminating the deformations, problems in the mechanisms remained, the work was carried out in bad faith or incompletely - there is no difference, but only an independent examination can prove this fact;
• If fraud or violations of the agreement are discovered, only the court can restore justice.

Application form and required documents

The procedure for any application form, the following documents are attached to the application:

• extracts from the traffic police, which reflect information about road accidents or collisions with solid obstacles;
• passports of the car owners who participated in the incident;
• PTS;
• driving license;
• CASCO policy with confirmation of payment;
• inspection card;
• materials on the accident on various media;
• witness statements about the accident.

An application for insurance coverage is filled out with a detailed reflection of all events, where the details are indicated:

• time;
• date of;
• insurance number;
• names of the persons involved;
• license plate numbers of cars.

Within what time frame is the insurer obliged to pay compensation?

After submitting all documents, the money transfer must arrive in the client’s account no later than 30 days. If the insurance company delays payments without explaining the reasons, or does not make contact with the client, you must demand an explanation of the reasons in writing. Typically the insurer refers to:

• for a long process of coordinating all repair issues;
• waiting for the recovery order.

When the Investigative Committee does not provide deadlines for reimbursement of funds in the case under consideration, a claim sent to the legal authority for pre-trial proceedings with a requirement to pay the costs within 7 days will correct the situation. If the terms of the complaint are not satisfied, you need to file a lawsuit and demand payment of penalties for overdue days.

Where to go if your CASCO payment is refused?

Every person who is faced with an insured event and the refusal of the insurance company to pay the insurance compensation under the contract wants to know exactly which government bodies can help in restoring his violated rights.

The Central Bank of the Russian Federation can help the policyholder.

ATTENTION !!! The Central Bank supervises the activities of all insurance companies; accordingly, it has all the necessary levers to force the insurance organization to make a legal payment under CASCO.

Samples of complaints can be found on the official website of the Central Bank of the Russian Federation. The application can be submitted in person, or you can use the electronic form. The chosen method will not affect the processing time of the application. The law gives 30 days for this. If additional verification is necessary, the period is extended, but not more than for another 30 days. Those. the total period for consideration of the complaint should not exceed 60 days. Based on the results of consideration of the appeal, the insurance company may be held administratively liable.

ATTENTION !!! Since violation of the terms of the CASCO agreement violates the rights of the consumer (the policyholder), Rospotrebnadzor also has the right to take up the case of non-payment of insurance compensation. The terms for consideration of the application are the same as at the Central Bank.

How many times can you receive a cash refund?

Receipt of cash is not limited by the number of requests; payments are made in the amounts stipulated by the agreement. For example, a policy is concluded for 600,000 rubles, the client is entitled to:

• financing as many times as there are requests until obligations are fully fulfilled;
• payment of all money if the car is stolen or completely destroyed beyond repair.

The insurance agreement specifies a maximum amount that should not exceed the actual price of the car. It is difficult for a car owner to receive full compensation:

• if theft is confirmed, the insurance company will deduct the depreciation of the vehicle;
• after the insurance claims are satisfied, the price of the policy is reduced by the payment made.

Additional Information. When the insurer paid the client 200,000 rubles. from 600,000 rub. for damage from an accident, then after the theft 400,000 rubles will not be transferred to him, from here the wear of all components will be deducted. The UK's approach to the complete destruction of a car is interesting. The mechanism is recognized as such if the expert determines at least 80% of the damage. The maximum amount will be reduced by 20%. This part is considered suitable for implementation. You can sell the iron for scrap and remove spare parts.

What to do if the insurance company refuses to provide monetary compensation

The insurer may give various reasons for its refusal to compensate financial costs. Basically, the insurance company refers to a violation of insurance rules:

• deliberate destruction of a car to claim funds in an illegal way;
• refusal to restore minimal transportation violations to victims;
• there are no claims against the culprit of the incident, which is confirmed in writing by law enforcement agencies;
• the traffic police were not called to the scene of the accident, the owner of the car did not contact the Investigative Committee for a long time;
• the unreliability of the specified facts about the accident was discovered;
• the driver carried out the repair work himself without an expert assessment.

Only in court, by providing real evidence, can justice be achieved. To do this, you need to require a written official refusal from the insurance company.

Additional Information. According to reviews from car owners who have been through an accident, many are satisfied with repairs instead of monetary compensation. There was no need to search for spare parts and a workshop. But the quality of restoration and long terms did not satisfy everyone.

Which companies compensate for damages under CASCO in cash?

Every organization that deals with auto insurance offers to conclude a CASCO agreement. Their actions are regulated by the Federal Law and established local rules, the provisions of which are developed on the basis of legislative norms.

As an example of which companies issue CASCO insurance with cash payment, you can consider Ingosstrakh. Where the organization operates according to 3 payment schemes:

1. A constant amount is reimbursed in each insured event. In addition to thefts and complete destruction of the car, when it can no longer be restored after an accident, where all payments fixed in the contract are made, and the policy is canceled.
2. When concluding an agreement for the first insured event within a year, when the maximum possible amount is paid, after which the insurance becomes invalid.
3. The contract provides for a single sum insured. After each request from the policyholder, the finances will be reduced by the amount of payments made.

Rosgosstrakh acts according to a plan to implement specific actions, where the insured person:

• reports to law enforcement agencies about an accident; 3 days after the accident, the information must be received by the Investigative Committee;
• collects a documentary package that confirms the damage;
• transfers the vehicle for inspection.

The insurer determines the existence of an insured event based on the circumstances in order to find out how much to pay. The insured is given money if he agrees to replace this form of compensation with repairs, the transfers go to the service station.

Article 947 of the Civil Code of the Russian Federation states that the insured amount is an important condition of the contract, where the amount depends on the type of insurance. But each organization has its own rules, so before deciding to purchase CASCO, you need to consider all the conditions that different insurance companies offer.

The most common reasons for refusal to pay under CASCO

The insurance company will most often not make an insurance payment under the following circumstances:

• if the car is leased to another person and this fact was not recorded at the conclusion of the contract;
• if the damage was caused by the fault of a driver who was under the influence of alcohol, drugs or other toxic substances;
• when the owner intentionally causes damage to the car;
• the person driving was deprived of the right to drive a vehicle;
• driving the car was given to a person who does not have the appropriate license to do so;
• the vehicle was damaged as a result of military or equivalent actions or a radiation accident;
• there was no car alarm;
• significant changes have been made to the design of the car that do not comply with the terms of the insurance agreement;
• the vehicle was attracted by executive authorities for state needs;
• for any reason the policyholder did not provide an insurance policy (it was lost, expired, severely damaged, without prepayment, etc.);
• the owner committed gross violations of the rules for operating the car, stipulated in the contract, which could or did result in damage to it;
• falsification of documents about the occurrence of an insured event;
• if information about the incident was not provided to the required extent, or it was distorted;
• expiration of the deadline for contacting the insurer with a statement about the occurrence of an insured event;
• the accident was not recorded by the traffic police or the insured did not file claims against the other party to the incident;
• there is no inspection certificate;
• the risk is not specified in the contract, etc.