MTPL repair periods are established by the legislation of the Russian Federation, as well as the obligation of drivers and vehicle owners to insure their cars. In the event of a traffic accident, compulsory motor third-party liability insurance will be the guarantor of rehabilitation for the injured party.
Changes in the law
In April 2018, the Law on OSAGO was amended. Previously, the insured could choose: to take compensation and repair the car on their own or to make car insurance for motor third party liability insurance in car services that the insurance company chooses. Now the owner of the vehicle can restore the car to the service station of the insurer. Within six months, the owners have the opportunity to compensate for the loss in an accident.
Now policyholders must check the technical condition of the machine, have a diagnostic card. Knowledge of legislative changes will help motorists protect themselves and their rights in various situations.
Prior to the introduction of amendments to the law, policyholders could receive a payment. Moreover, insurance companies calculated the cost of damaged auto parts excluding depreciation. This was used by unscrupulous owners of vehicles. There were groups of fraudsters who, creating an emergency, received payments. But with changes in legislation, similar actions will be difficult to implement.
Agreement for the restoration of the vehicle
A new definition has been introduced into the law. The repair repair agreement is an agreement between the technical service station and the insurance company, which establishes the obligations, including making repairs (technical service station) and paying for it (insurance company). If the latter works with several service stations, then the contract must be concluded with each of them. The terms of auto repair under CTP are regulated by law.
Auto Service Choice
All insurance companies providing CTP, have contracts with the service station. Car services a large number of countries. But a specific client will not be sent to any station, but based on certain criteria. According to the law, service stations must be located no more than 50 km from a traffic accident, place of residence or driver registration.
Policyholder actions for repair
The algorithm may be as follows:
- The owner of the car got into an accident.
- The vehicle of the injured party is sent to the service station.
- The insurance company (indicated in the MTPL agreement) pays the invoice issued by the car service station.
Repair direction
In order to receive repairs at the expense of the insurance company, the insurer and policyholder must take a series of sequential actions. The injured party must provide the damaged vehicle or its remaining part within five working days. The insurer must meet the same deadline in order to inspect the vehicle.
The terms for referral for OSAGO repairs should be no more than twenty days, but with a possible extension of up to thirty, weekends and holidays are excluded (with an independent organization to restore the car, but with the consent of the insurance company). The insurer must issue a direction in which the service station will be indicated, where the car will be restored at the expense of the insurance company. It will also indicate the period of repair for CTP. The insurance company, however, may refuse to pay the client, justifying its decision.
If the owner of the vehicle agrees with the specified service station, then a referral for repair is issued within 20 days.If the driver disagrees (desire to make repairs at another station), the period will increase to 30 days. If they are violated, the insurer pays a fine.
Repair in car service
Terms of car repair under compulsory motor liability insurance are regulated by law. Amendments to the law in April 2018 relate to contracts concluded after this date. Owners of vehicles insured prior to amendment can choose between payment and repair at a service station.
The terms of repair for compulsory motor third-party liability insurance in a car service should not exceed one month. Moreover, the first day will be considered the arrival of the injured car at the service station. The date of calculation is the beginning of registration of relations with the workshop (that is, the date should be written in the document).
The MTPL repair period can be extended by law, if the vehicle is badly damaged, a more complex restoration is necessary. But the injured party must agree. For long-term repairs and delays without the consent of the vehicle owner, the insurer pays a fine.
The terms of car repair under CTP are set in the agreement between the customer and the contractor, it indicates the exact number of days. The duration of the restoration depends on the complexity of the work, the availability of parts and must be agreed in advance. In the absence of repair periods for compulsory motor third-party liability insurance, it is necessary to be guided by norms, the law, and also reasonableness. If the deadlines are not set, then it will be difficult to prove their violation in the future. Before signing all the necessary documents, you need to check the conditions.
The maximum repair time for compulsory motor liability insurance is dependent on specific circumstances. But the repair, according to the Law on the Protection of Consumer Rights, cannot last more than 45 days.
According to the law, the terms of car repair under CTP can be changed, individually set, as well as the terms of the insurance contract. And the period of time during which the vehicle must be restored will be additionally indicated in the direction of the repair, which will be issued by the insurance company.
Features of car repair
The duration of a vehicle repair depends on many factors, which include:
- the availability of spare parts to be replaced (depending on the make and model of the car);
- availability of consumables;
- cost of damaged parts;
- the presence of qualified workers who can carry out complex repairs requiring additional knowledge and skills;
- issues related to the cost of damage;
- transfer of funds by the insurance company to the service station account.
The duration of the assessment examination should not be more than 5 days. In case of violation of the terms, the policyholder may file a claim with the insurer's office or the court.
The owner of the vehicle must present the car for inspection on a pre-agreed day. Often the owner of the vehicle itself violates the deadlines and does not present the car on time. Such actions will be considered a violation.
Repair parts
During the repair process you cannot use used parts if replacement is needed. Other conditions can be defined in the agreement between the affected party and the insurance company. A car service that has entered into a contract with an insurance company should only use new spare parts.
An exception is the voluntary agreement of the owner of the car on the use of second-hand components. This option can be applied if it is not possible to purchase new parts on time.
Poor repair
Not always repair can satisfy the owner of the vehicle. If the owner of the car has a claim, you need to write a statement to the insurer with a request to correct all defects or to compensate for the damage. In case of refusal, if desired, the client can go to court.
The Central Bank of the Russian Federation has the right to oblige insurance companies to compensate for losses instead of paying for repairs if calls become frequent.
The law indicates the warranty period for repair results:
- one year for bodywork;
- six months for other work.
Getting paid instead of repair
The amendments made it possible to receive payment, but only in certain cases:
- The death of the owner or serious bodily harm as a result of an accident.
- The car cannot be restored.
- The cost of damage is more than the CTP limit (i.e. 400,000 rubles).
- The victim has a disability of the 1st or 2nd group, and the car is structured specifically for the owner.
- Over 3 cars became participants in the accident.
- The nearest service station is located more than 50 km from the policyholder, so he cannot deliver a car there on his own.
- The insurer cannot make a payment to the service selected by the owner of the car.
Sanctions for the insurer
The law allows the insurance company to be held liable in case of violation of the terms. In this case, sanctions are considered the right to demand a fine, penalty, payment by the injured party.
The size:
- in case of violation of the deadline for issuing directions to the service station - 1% for each day of the total amount of insurance coverage;
- in case of violation of the terms of car repair - 0.5% for each day of the total amount of insurance coverage.
But the total amount of penalties and fines should be less than the full amount of compensation for repairs.
Actions of the victim in violation of the deadlines
Before going to court, it is necessary to study all the documents and understand how long the MTPL repair is indicated in the contract. The owner of the vehicle must carefully read the documentation. It is possible that the dates specified in the law have long passed, but in the signed agreement they may be different. Therefore, you should always read the documents in advance and only then sign them.
If the terms of the MTPL repair have been violated, the policyholder may demand the payment of the penalty in two ways:
- Raise a claim.
- Turn to the court.
Claims to the insurance company
Claims are made in writing, they must contain the following information:
- circumstances of a traffic accident that are an insured event;
- listing damage to a vehicle;
- an indication of the repair work that is needed, as well as their cost, given in the examination report;
- mention of exceeding the maximum terms indicated in the insurance contract (with reference to the law, to the contract itself) and additional conditions in which time ranges are indicated;
- claim for penalty;
- the amount of the penalty based on the calculations and days of delay;
- bank details for transferring a fine.
A claim with the above information should be sent to the insurance company. The latter is not obliged to agree with the claim. She may offer an alternative to the injured party, for example, a discount at the next car insurance. If this option does not suit the insured or there was no response from the insurance company at all, then you must go to court.
Lawsuit
The content and meaning of the statement of claim is similar to a claim to an insurance company, only it is written in court. Which court should I go to? If the total amount of the penalty is less than fifty thousand rubles, then you need to contact the magistrate's court. If higher, then to the district
When filing a claim, it is also necessary to indicate that the injured party initially attempted to resolve the conflict peacefully, but there was no answer or an alternative insurance company did not satisfy the needs of the insured. It is necessary to show the answer of the insurer in court.
It is very important to correctly calculate the penalty, as well as write the statement of claim correctly. It will depend on this whether the given suit will be accepted into work. If the calculation is incorrect, then it will be rejected. It is also necessary to prove the fact that the terms for repairing the car under compulsory motor liability insurance were not observed and there is a delay.Most vehicle owners turn to road accident lawyers for help.
During the trial, the lawyer will speak on behalf of the insurance company. The plaintiff has the right to choose whether he will independently prove his case or whether he will seek the help of a qualified lawyer in insurance disputes.