Collection of TCB on hull: judicial practice

Today, Casco is one of the most popular types of car insurance, as it has many undeniable advantages.

Among the risks that can be insured under OSAGO are theft of a car and the loss of its commodity value. However, in order to receive compensation in the event of a similar situation, it will be necessary to observe a certain algorithm of actions.

When there is a need for recovery

The case law of TCB on hull insurance is quite extensive, but at the same time ambiguous. The reasons for this are the most diverse. And very often situations arise when the insurance refuses to pay the insurance policy on a completely legal basis.

There is a list of situations where a particular client simply does not have the right to qualify for payments. The standard list of these situations is as follows:

1. The obligations stipulated by the insurance contract were violated.
2. TCB arose due to an oversight of the car owner himself - the vehicle was left unattended, open and unattended.
3. The driver missed the deadline for submitting documents or the documents were not submitted in sufficient quantities.
4. The insurance premium for the provision of insurance services was not fully paid.
5. The driver violated the rules for storing the vehicle, provided for by a specific insurance contract.
6. The driver initiated the TCB of his car on his own.
7. The insurance contract and insurance policy were lost.
8. The driver did not have a diagnostic card.
9. Information about the incident was distorted, even if it happened unintentionally, by accident.
10. The car owner provided inaccurate or erroneous data about the anti-theft equipment that was installed.
11. The identity of the particular insured vehicle has been changed.

These circumstances are grounds for refusal, but this list is not exhaustive. It is important to consider that litigation is a costly procedure in terms of wasting time and money.

Rules to follow

That is why it is necessary to follow certain simple rules in order to prevent problems with the recovery of TCB on hull if it is stolen:

1. Insurance contracts should be concluded only with those organizations that have a high insurance rating and a positive reputation.
2. Before signing the CASCO agreement, you should carefully read it and your responsibilities. Quite often, the insurer refuses to pay TCB on hull due to the fact that the client simply did not understand his duties.
3. It is important to complete the incident following a standard set of instructions.

Making out an insured event, you need to adhere to the basic rules, namely:

1. It is necessary to wait for all officials who will take part in the design of the accident.
2. It is necessary to indicate exclusively accurate and reliable information regarding the insured event.
3. It is important to pay attention to the wording contained in the protocol drawn up by the police. If there are inaccuracies, you just need to put a signature next to the note with disagreement.

In the case when the payment is still refused, you need to carefully study the insurance rules and the refusal itself. Together, all this will allow the driver to somewhat simplify the trial.

Help of a lawyer

As a rule, without the help of a lawyer, that is, on your own, it is extremely difficult to receive compensation under the policy through the court. This requires some experience and knowledge.The cost of legal services in each case is calculated individually.

Caspian TCB is currently one of the most reliable ways to avoid potential damage. Therefore, if possible, then such a policy should be issued. However, before signing the contract, you need to carefully study all the subtleties and nuances of the insurance rules.

Filling out an application for insurance

The process of obtaining compensation in the case of TCB on hull has certain subtleties. There is a rather long list of situations and circumstances on the basis of which payment may be refused.

In this regard, insurance rules should be studied before signing the insurance agreement. This will avoid the various difficulties associated with receiving payments in the future.

One of the most important stages is the preparation of a package of mandatory documentation. Legislation to list securities has not been established, when compared with compulsory motor third-party liability insurance, it can be excellent for each insurer.

But a binding document, regardless of which insurance organization is chosen, is an application for payment. This document also does not have a unified form.

Mandatory Items

But you can highlight a number of points that must be present in it without fail. These include:

1. The date the document was written.
2. The exact legal name of the organization involved in the paperwork.
3. F. I. O. Head of the insurance company, unit number.
4. The full name of the insured, the place of his permanent residence registration in the country.
5. The main circumstances of the incident, for which payment is due.
6. Major vehicle damage.
7. Circumstances in which an insured event arose.
8. Full list of persons involved in the accident.
9. Signature of a specific applicant and its transcript, list of attached documents.

The correct execution of the application and the reflection in it of all the necessary data is the key to the absence of probable problems with obtaining compensation for TCB on hull. Many insurers post a sample of the relevant agreement on their official portals. The best solution would be to download such a form and then fill it with the necessary data.

Consultation on registration in insurance

If there is no experience in such events, you should seek advice on paperwork with an insurance company.

In some situations, it happens that the insurer simply refuses to pay compensation on illegal grounds.

In this case, you can resolve the situation through the judiciary. You will need to study the sample claim or use the services of a special law firm.

Additional documents

To receive cash compensation for hull insurance, you will definitely have to deal with all sorts of subtleties.

To get started - get acquainted with the list of required papers. Depending on the insurer, the type of insured event, a number of other various factors, it may differ.

However, a documentation package has been installed, the availability of which will be mandatory. These documents are:

1. A statement in the appropriate format. The form of the document is unified within the company. This paper should be submitted no later than 7 days after the occurrence of the insured event.
2. Original Casco policy. Compensation will be based on it.
3. The driver’s license of the driver who owned the car at the time of the insured event.
4. Certificate confirming the state registration of the vehicle. It is important that the presentation is not a copy, but the original document.
5. The decision that a criminal case has been instituted as confirmation of the fact.
6. Help issued by the traffic police.It establishes the fact of the occurrence of an insured event (in particular, loss of commodity value).
7. Diagnostic card.
8. Title It is required, as a rule, if there is a right to subrogation.

You can provide documents to the insurer in various ways. Often there are situations in which the owner of the vehicle for which the contract was concluded simply does not have the opportunity to independently contact the insurance organization.

Delegation of authority to a trustee

The optimal solution in this case would be the transfer of all powers to an authorized person, but it should be borne in mind that the documentation package will then need to be supplemented:

1. Proof of identity.
2. Certified by a notary power of attorney.

The list of documentation described above is standard; it is required by most insurance organizations. But there are often situations when the insurer asks for additional securities.

Whenever possible, all that is required should be provided. This approach maximizes the chance of compensation in the event of a car theft.

The procedure for the judicial recovery of TCB on hull

In theory, the timing of compensation is determined individually at the time of conclusion of the contract, jointly by the client and the insurer. Practice shows that this issue is usually resolved unilaterally.

The insurance company simply independently determines the appropriate period. Moreover, they are indicated, as a rule, in the insurance rules, and not in the insurance agreement.

This issue, when compared with a similar situation with compulsory motor third-party liability insurance, is not regulated by law. The main problem is precisely this.

Silence payment term

Another situation has already become standard: the insurer simply hides the payment term and does not designate it in the rules. Similar cases - violation of the client’s rights, their infringement.

A problem of this nature can only be resolved by contacting the judiciary. Judicial practice shows that the recovery of TCB on hull is currently the most common lawsuit.

Procedure if TCB is not provided

It often happens that under the Casco insurance contract, TCB as such is not provided. The insured, despite this, has the right to demand compensation from the insurer if an accident occurs. However, experts advise hiring a lawyer if there is no experience in conducting such cases. This will prevent the occurrence of problem situations and difficulties.

Separately, it is recommended to deal with the procedure for compensating for damage to the body and wear of parts.

Case Study

To date, in judicial practice there are many examples where such cases by the judicial authorities were decided in favor of the plaintiff. Before filing an application, it is recommended that you familiarize yourself with such cases. One example is given below.

Citizen M., the plaintiff, filed a lawsuit against the insurance company Surgutneftegaz. The reason for filing a claim is to receive a refusal from the insurer to reimburse compensation despite the fact that there were no violations by the driver. The cost of the claim amounted to 54,000 rubles. That is how much TCB on Casco decreased. The lawsuit was satisfied by the court.

In case of refusal of the primary judicial body, a citizen has the right to appeal the decision to higher instances, up to the Supreme Court. TCB on Casco (compensation), according to new legislation, is provided for by insurance rules. So, the court will take the side of the victim.

Today, you can apply for Caspian TCB compensation via the Internet. Documents used for remote processing are the same as in the standard situation.