What is the loss of the commodity value of the car, and who compensates for it? Loss of the marketable value of a car: for OSAGO insurance, loss calculation, online calculator, compensation, application to the insurance company.
A huge number of vehicles travel on the roads of our country. It's no secret that various situations can happen during this, including accidents. Therefore, the owner of the car must have insurance.
Any driver has encountered a problem when, when trying to get insurance payment, the insurer refused to provide payment due to the loss of commodity value vehicle. Most of all, owners of expensive cars, which can lose up to 30 percent in their value, face a similar situation. To avoid getting into difficult situation, every driver should know how to get a TCB for OSAGO.
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 courts, but not all motorists know how to do this.
general information
TCB for OSAGO is a drop in the value of a vehicle as a result of getting into and performing its further repairs. On the one hand, this is not surprising, because a new car costs much more than the one that has been in an accident, but on the other hand, the car owner loses monetary compensation in the event of an accident. insured event.
Despite the fact that in 2017, many motorists received a good experience in combating lawlessness of insurance companies through court proceedings, however, inexperienced drivers often face various problems when contacting the court. According to current legislation, compensation is subject only to that received as a result of an accident, and after the repair of the car, it ceases to be such. So how do you get compensation in full with TCB under OSAGO?
In what situations is TCB payable?
It should be noted right away that it is far from possible to receive a payment for the loss of the commodity value of a vehicle in all cases.
To do this, several criteria must be met:
- not be the culprit of the accident;
- the amount of damage received should not exceed 400 thousand rubles;
- the age of the vehicle should not exceed 5 years if the car is foreign-made, and 4 years for Russian cars;
- wear of the machine should not be more than 35%.
It should be noted that the conditions for the payment of TCB for OSAGO are the same as for CASCO. Therefore, if you do not satisfy at least one of the listed points, then you can not count on the payment of monetary compensation.
How is UTS calculated?
As mentioned earlier, the payment of the TCC is possible only in case of compliance with certain requirements. The newer the vehicle, the lower its mileage and the larger the monetary compensation can be.
To determine the exact size of the loss of transport, it is best to contact an independent company specializing in this matter. After the examination is completed, the company issues a document that indicates the exact amount of repairs, taking into account the technical condition of the car.
How do I get a TTS payout?
The main problem with obtaining an insurance payment under TCB is that insurers, by law, are not required to make them. All UK refer to the legislation, which says that only real damages resulting from an accident are subject to compensation. Therefore, before going to court, it is necessary to figure out 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 machines of the same brand.
- apply to insurance company TCB application for MTPL, a sample of which can be obtained from the insurer;
- if the insurance company refuses to compensate for the damage received, then it is necessary to undergo an independent examination to assess the repair work performed;
- prepare statement of claim And required package documents for litigation.
As practice shows, in most cases, the courts take the side of the motorist.
Applying
The CFC Statement on the OSAO must be submitted in two copies, each of which should be stamped. You give one copy to the insurer, and keep the second one for yourself. This will act as a guarantee that the UK will not be able to declare in court that there was no appeal to it with a demand to pay monetary compensation under the TCB.
In most cases, a claim is filed, so you should not hope that when you see it, the insurer will immediately satisfy your claim for compensation.
What documents will be needed?
When applying for TCB compensation under OSAGO, an application to the insurance company must be submitted along with the following documents:
- original and copy of the passport;
- driver's license;
- insurance contract or policy;
- a copy of the application and claims that were charged with the insurer during pre-trial proceedings;
- receipt of payment of state duty;
- documents for the vehicle: technical passport, certificate of registration, coupon for technical inspection;
- Documents from the traffic police: a copy of the certificate of fixation of the accident, the protocol, the ruling or refusal to initiate the case and others;
- a copy of the notice of;
- a copy of the document confirming the occurrence of the insured event;
- conclusion of independent appraisers on the cost of repair work;
- certificate of technical inspection;
- a report on the amount of loss of the commodity value of the vehicle;
- an agreement concluded between the owner of the car 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 under OSAGO occurs 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 to satisfy your request, which should come to the post office by registered mail.
- Self-assessment of the probability of compensation for TCB.
- Appeal to independent experts to assess the real cost of repairing a vehicle.
- Submission of an application to the insurance company with the requirement to pay compensation for the lost value of the car in full.
- In the event of a refusal to pay compensation, a claim is made in the name of CEO insurance company.
- If the claim is rejected, then a lawsuit is filed in court.
Only by following this scheme, it is possible to achieve compensation for the lost commodity value of the vehicle.
Who pays for TTS
Compensation pays the person who acts as a defendant during the trial. This can be either the insurer or the driver who caused the accident.
If, when calculating the TCB for OSAGO, it was found that the cost of repair work exceeds 400 thousand rubles, which the insurance company is obliged to pay in accordance with current legislation, the reimbursement of the remaining part of the compensation falls on the culprit of the incident.
forfeit
To date, there is no separate provision for a penalty in the event of a delay in compensation for the loss of the commercial value of the car, and any problems associated with it are resolved in the standard manner. Thus, the amount of the penalty will be determined according to the same principle as in the case of delay or refusal to fulfill obligations imposed by the court.
If during the trial the insurance company is obliged to pay compensation under the TCB, but the insurer delays payments, then for each day of delay a fine of 1% of the cost of repairs will be imposed on him. The insurance company has 20 calendar days to reimburse the TCB under OSAGO.
When repairing at a service station
You can get compensation for the commodity value of the vehicle in both the CACOS and CASCO. However, before starting the proceedings, you must carefully read the insurance contract. It should say whether the insurance company is liable for TCB and whether it pays compensation.
At the same time, it is important to understand that not a single insurer will voluntarily go for damages, so this problem will have to be resolved through the courts according to the standard scheme that was described earlier. You should not be afraid of litigation, because, as practice shows, in most cases the insured wins in them.
But only those motorists whose vehicle wear and tear level does not exceed a certain threshold can count on receiving payments. For CASCO policies, it is no more than 35 percent, and for OSAGO - 40%.
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 be all possible ways try to refuse them to the client. This article has detailed step-by-step instruction respecting which, it is possible to obtain compensation for damage.
- If the amount of damage incurred under the TCB exceeds the limit of insurance payments specified in the contract, then compensation for the remaining amount can be demanded from the person who caused the traffic accident.
- The category of insured accidents with TCB also includes accidents that occurred as a result of a collision with green spaces and certain types of buildings.
- According to new changes in legislation, compensation for damages under the TCB can be obtained if the car was damaged at the hands of hooligans not only on the roads, but also in the yards.
- If the accident was recorded using the European Protocol, then compensation for damage under the TCB can be obtained if there are photos and videos from the scene.
Understanding all aspects and nuances of obtaining monetary compensation under the TCB, as well as taking timely measures will help win the trial and receive full compensation for damages. If the claims of the insurer to the insurer will be fully justified, the court will certainly take the side of the plaintiff.
Calculated for relatively new cars. The car owner must prove that the car has not previously been involved in traffic accidents and the accident caused real damage and loss of presentation.
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A serious traffic accident spoils all the grandiose plans of the driver. Now damaged hardware is hard to sell. After all, each buyer checks whether the car is broken or not. What does the owner of the vehicle think about at the moment when "all dreams are collapsing"?
Most likely, the owner consoles himself with the thought that he will restore the car and use it for many more years without reselling it to others.
Few people know that compensation for road accidents also includes compensation for TCB. Loss of commodity value is the difference between the cost of a new car and the price of a car of the same brand, which, despite its relatively recent year of manufacture, has already managed to visit the restoration repair station.
As prescribed by law
In fact, insurers are in no hurry to pay compensation under the TCB. However, according to Russian legislation the insured has all the rights to receive a full settlement and a “round sum” to the current account.
Reasons for this:
- According to the rules compulsory insurance civil liability, paragraph 60 a, the insurance company must establish and pay the real damage to the injured party in full (repair cost + TCB). But sum insured cannot exceed a certain amount 400 thousand rubles (), 1 million rubles and more () (see conditions in the policy).
- If the insurance amount exceeds the permissible values, then the TCB is charged from the emergency culprit on the court. To determine who is to blame, it is necessary to find out who is charged with violating the Rules of the Road (whoever is issued a protocol on an administrative offense is the culprit). This right (to sue the individual tortfeasor) is regulated by and.
Supreme Court Russian Federation each time declares the right of the owner of the vehicle to claim the full cost of damage due to an accident for a refund.
In particular, the concept of the lost commodity value is "decrypt" in the decision of the plenum of January 29, 2015.
These are premature wear, reduced strength of individual body parts, loss of durability of joints, assemblies, assemblies, coatings due to the consequences of a specific accident and after repairs at a service station.
Online calculation
Forensic experts from the Ministry of Justice have long developed a convenient scheme for calculating TCB.
The following vehicles and indicators are taken for the formula:
The online calculation is calculated according to the work order of the car service or according to the inspection independent expert. Let's say right away that some damages are excluded from the list, since they do not affect the performance of the car.
For example:
- Wheel arch assembly.
- Mudguard.
- Radiator grille.
- Window frame panel.
- Luggage compartment floor, etc.
All other important elements of the vehicle body are taken into account in the list. The owner of the car simply indicates the duration of repair, full or partial replacement and the need for color. The calculator gives the result depending on the entered values.
Step 1. Data entry.
Step 2. Select the TCB value and enter the initial cost of the car.
Step 3. Get the amount of compensation according to the TCB, depending on the entered damage to the car, its initial cost.
Halbgewachs method
According to the Halbgewachs method, it is not wear that is taken into account, but mileage. Relatively new are cars whose mileage does not exceed 100 thousand kilometers for foreign cars and 50 thousand kilometers for Russian cars.
It analyzes:
- Vehicle age.
- Cost per individual parts (CM).
- Repair price (SR).
- Repair amount (CO).
- The price of a new car and the value of the vehicle (CV) at the time of the accident (CV).
The general formula looks like this:
UTS=K/100*(CR+CO)
It is calculated using special calculators.
Attention! Before applying the method, it is checked economic expediency payment for TTS. It will be justified if the value is equal to or greater than 40 percent. The value is calculated by the formula: (TsR / TsN) / 100.
The following parameters are taken into account:
All these values are used in the calculation of the TCF. The data is taken from the table, substituted in each individual case, depending on the period of using the car, and on the basis of this, an accurate result is obtained:
Where to apply for compensation
The insurance company often refuses to pay for the TCB, and its other participants prefer to keep silent about this. The problem is the same: ignorance of the law and lack of experience in its successful use.
Meanwhile, the owner of the vehicle, representing the injured party under OSAGO, must know his ability to claim compensation.
The algorithm of actions in this case is as follows:
Step 1. Determine if the passenger car is a relatively new vehicle. To do this, you need to confirm the fact that there were no accidents and accidental damage to the body before the accident, the wear of parts is minimal.
In general, the following are accepted for consideration on the issue of TCB:
- Cars of the domestic auto industry, which rolled off the assembly line no later than 3 years ago, with a mileage of up to 50 thousand kilometers. Wear of parts does not exceed 40 percent.
- Cars of foreign manufacturers with a mileage of up to 100 thousand kilometers and a duration of operation (for the first owner) up to 5 years.
Step 2. Declare your intention to return the TCB. The form of the will - written. The document is rented in the insurance company; the policyholder receives a copy with a mark of acceptance. The term for consideration of any application is 30 days.
Step 3. If the insurer refuses to return the TCB, including under CASCO insurance programs, the applicant has the right to apply to the district court. The statement of claim indicates the argument that “TCA is included in the risk of “damage” and must be paid in full.”
Also, the plaintiff independently calculates the TCB in the statement of claim. The court enforces the recovery of the calculated amount.
Attention! Compensation for the loss of commodity value may not exceed 20 percent of the actual value of the damage.
Required documents to confirm the TCB for OSAGO after an accident
When contacting insurance organization it is important to collect a detailed package of documentation that entitles you to payments for insurance compensation.
This includes:
- Documents received at the traffic police department - a protocol on an administrative offense, an accident scheme, copies driving license, OSAGO contract of the culprit of the accident.
- Documents received as a result of an independent examination from the insurer - an expert assessment of the cost of damage.
- Referral for repairs from the insurance company. It is usually issued 10-14 days after the filing of an insured event.
- Second independent peer review report on TCB. This assessment is made before the repair, with the notification of the insurer three working days before the start of the inspection. The report is drawn up in 10-14 days and is used to resolve controversial moments.
- Application for the return of the TTC.
- Passport, technical equipment passport and its copy.
- Measurements of the meter of kilometer.
- The contract for the sale of a car from a dealer, where indicated initial cost car.
The procedure for receiving payments
Vehicle repairs are a top priority. TCB payments are a small cash bonus that compensates for the loss of the presentation of the car.
We are talking only about the components and assemblies of the car, which directly affect the performance of a particular vehicle.
Even if the insurer sent the injured party to the dealer, to the car repair shop, he is still obliged to charge the cash equivalent for the TCB.
Actions of the car owner:
- Conduct an independent examination.
- Submit an application to the insurance organization for the payment of TTS.
- Wait for a positive solution.
- In case of refusal to contact the court.
The chances of pre-trial resolution of the disputed problem are very high. But you need to know who can qualify for payments. Special requirements are subject to the insured car and its owner.
They look like this:
- The accident should be the first on the account of the car.
- There is no clause in the contract for voluntary CASCO insurance that describes the refusal to pay for TCB.
- The insured person confirms with documents that he is the injured party. The culprit of the accident is also present either under a protocol on an administrative offense or in a criminal case.
- Car wear is not a critical indicator: does not exceed 30-35-40 percent.
- The age of the car does not exceed five years. According to other sources, for domestic cars, a three-year service life is set with the right to reimburse the TCB, and for foreign cars - up to 7 years of continuous operation.
When is it possible to refuse
The refusal is legitimate when a certain item relating to the TC is registered in the contract. In this case, the “Freedom of Contract” applies.
After all, each agreement is signed by two parties and the owner of the vehicle must be aware of all the consequences of this event. The actions of the car owner are to go to court to resolve the dispute in a civilized manner.
Again, the Supreme Court of Russia obliges judges of various values to be guided by the rule that all real losses must be compensated in full.
Taking into account the first point, the judge can take the side of the car owner and force the insurance company to pay TCB.
Any adequate assessment of accident damage must include calculations for the loss of the vehicle's marketable value. This money is paid either under CASCO (everyone, without exception), or under OSAGO, but only to the injured party.
The commodity value of a car is one of the most important issues in financial disputes over the payment of monetary compensation with an insurance company. This question is especially acute in the case of a road accident, when calculating the amount of payments for the damage received. The fact is that the client and the insurer most often understand the very definition of “commodity value of a car” in different ways when clarifying the relationship between themselves. Consider what is actually meant by the loss of the commodity value of a car from a legal point of view in such a dispute.
Definition of the term TCB
First you need to understand the terminology.
Loss of commodity value (UTS) is the actual decrease in the value of the car after the incident of a traffic accident (RTA).
Typically, the term TCB is used after the necessary restoration work has been carried out, after assessing the condition of the vehicle. It is clear that a car after an accident and the same car with a trouble-free history can only be similar in appearance. No, even the most flawless and thorough repair will be able to return the lost consumer qualities to the vehicle. Collision damage can be repaired, but it is often not possible to restore the car to its former operational reliability and factory strength.
Unfortunately, the concept of TCB becomes real only for the car owner himself. Insurers usually interpret TCB differently and, for obvious reasons, attribute the loss of the car's marketable value to lost profits. Such a classification excludes compensation for damage caused in an accident, because the law "On OSAGO" unambiguously speaks only of material compensation for actual damage. Thus, there is a clear conflict of interest between the insurer and the client, with all the ensuing consequences for the parties. However, there is a way out of this situation for the victim, subject to certain conditions, - this is an appeal to the federal court after the insurer refuses to voluntarily reimburse the TCB.
Application for compensation for the loss of the commodity value of the car
First of all, you need to try to solve the problem “peacefully” and write a corresponding application to the insurance company. It is important to know in what cases this step is not so categorically:
- If you are officially the culprit of the accident.
- If the car of domestic production is more than 4 years old.
- If the foreign-made car is more than 5 years old.
- If the technical wear of the car is more than 35%.
- If the full amount of compensation under OSAGO is received.
In other cases, filing an application with an insurance company is quite reasonable with real chances of winning money. Most likely, an official refusal will be received on an application for compensation for the loss of the commodity value of the car, but you should not lose heart in this case. The statement of the victim and the response of the insurer will be useful when considering the case by the judicial authorities.
So, the sequence of actions of pre-trial settlement of a dispute with the insurer:
- Filling out an application to the insurance company in two copies.
- Waiting and receiving an official negative answer.
- Independent evaluation UTS of the affected vehicle.
- Making a claim against the response of the insurance company.
If there is no response to the claim within five days or if a negative response is received, you can safely file a claim in judiciary. With significant amounts of expected payments and in extraordinary cases, it is advisable to seek the help of a qualified lawyer of appropriate specialization.
Nuances of compensation for the loss of commodity value
The issue of compensation for the loss of the commodity value of the vehicle due to a road accident is of interest to every car owner. If an inexpensive car damaged in an accident with a decent mileage does not promise its owner large insurance payments, then the owners of expensive foreign cars may well count on very substantial sums if they win a case in court.
It is clear to say that the amount of compensation for the loss of the vehicle value of the vehicle in certain cases can reach several hundred thousand rubles. Judicial decisions with a positive result for the owner of the vehicle are enough to go through this difficult path to the end. It should be noted that the case on the judicial reimbursement of the TCB is not a rapid and simple event.
There are several varieties of methods for calculating the lost commodity value, but the most authoritative is the assessment method developed in the bowels of the Ministry of Justice of the Russian Federation. This technique is a priority in the work of the relevant specialists, and it is the ministerial development that is used in the calculation of the TCF in 2016.
It should be noted that compensation for the loss of commodity value is made only in certain cases, namely:
- When repairing the body with a complete replacement of its elements
- When restoring the paintwork of the vehicle
- If individual parts need to be replaced
- When eliminating the deformation of the vehicle body
- When installing new components and assemblies
- When restoring the interior of the car.
It is important to remember that the possibility of winning a lawsuit under the TCB is likely only in the event of an insured event, and the consequences of an accident in the form of technical damage to the car should be significant. In addition, all parts, elements and assemblies replaced during the restoration of the vehicle must have all the signs of the factory equipment. In other words, when calculating the size of the car's commodity value of the vehicle, nodes, units or components installed outside the manufacturer are not considered.
Knowledge of the Nuances of the TCB and the correct consecutive steps will definitely lead to a positive judgment. Usually, the federal court supports the fair claims of vehicle owners, which means that there is always a chance to improve your financial situation, which you can and should use.
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