What is the loss of the commodity value of a car, and by whom is it compensated? Loss of the market value of the car: OSAG insurance, loss calculation, online calculator, reimbursement, application to the insurance company.
A huge number of vehicles travel on the roads of our country. It’s not a secret for anyone that various situations can happen during this, including road accidents. Therefore, the car owner must have insurance.
Any driver faced a problem when, when trying to get insurance payment, the insurer refused to provide payment due to the loss of the commodity value of the vehicle. Most of all, owners of expensive cars face this situation, which can lose up to 30 percent in value. In order not to get into a difficult situation, each driver must know how to get TCB in compulsory motor liability insurance.
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 court, but not all motorists know how to do this.
general information
TCB for compulsory motor liability insurance is a fall in the value of a vehicle as a result of falling into and performing further repairs. On the one hand, this is not surprising, because a new car costs significantly more than the one that went into an accident, but on the other hand, the car owner loses the amount of monetary compensation in the event of an insured event.
Despite the fact that in 2017 many motorists gained good experience in dealing with lawlessness of insurance companies through litigation, nevertheless, inexperienced drivers often face various problems when applying to the court. According to the current legislation, only that received as a result of the accident is subject to compensation, and after repair of the car it ceases to be such. So how do you get full compensation in the case of TCB for mandatory motor third party liability insurance?
In what situations is TCB expected to be paid?
It is immediately worth noting that to receive payment for the loss of the commodity value of a vehicle is far from possible in all cases.
To do this, you need to satisfy several criteria:
- not be responsible for the accident;
- the amount of damage received should not exceed 400 thousand rubles;
- the age of the vehicle should not exceed 5 years if a car is of foreign manufacture, and 4 years for Russian cars;
- machine wear should not be more than 35%.
It is worth noting that the conditions for the payment of TCB under compulsory motor third-party liability insurance are similar, as for hull insurance. Therefore, if you do not satisfy at least one of the items listed, then you can not count on the payment of monetary compensation.
How is TCB calculated?
As mentioned earlier, the payment of TCB under OSAGO is possible only if certain requirements are met. The newer the vehicle, the lower its mileage and the larger the cash compensation may 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 completion of the examination, the company issues a document stating the exact amount of the repair, taking into account the technical condition of the car.
How to receive payment on TCB?
The main problem of receiving insurance payments under TCB is that insurers, by law, are not required to make them. All insurance companies refer to the legislation, which says that only real damage resulting from the accident is subject to compensation. Therefore, before going to court, it is necessary to understand 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 cars of the same brand.
- submit to the insurance company an application for TCB for CTP, a sample of which can be obtained from the insurer;
- if the insurance company refuses to compensate for the damage, then it is necessary to undergo an independent examination to evaluate the performed repair work;
- prepare a statement of claim and the necessary package of documents for the trial.
As practice shows, in most cases the courts take the side of the motorist.
Application
The TCB application for compulsory motor liability insurance must be submitted in two copies, each of which must bear a seal. You give one copy to the insurer, and leave the second with you. This will be a guarantee that the UK will not be able to declare in court that there was no appeal to him with a request to pay monetary compensation under TCB.
In most cases, a statement of claim is filed, so you should not hope that at the sight of it the insurer will immediately satisfy your claim for payment of compensation.
What documents will be needed?
Making compensation for TCB under OSAGO, an application to the insurance company must be submitted together with the following documents:
- original and copy of passport;
- driver's license;
- insurance contract or policy;
- a copy of the application and claim that was presented to the insurer during the pre-trial proceedings;
- receipt of payment of state duty;
- documents for the vehicle: technical passport, certificate of registration, ticket for passing inspection;
- documents from the STSI: a copy of the statement on fixing the accident, a protocol, a resolution or refusal to initiate proceedings, and others;
- copy of the notice of;
- copy of the document confirming the occurrence of the insured event;
- conclusion of independent appraisers on the cost of repair work;
- inspection certificate;
- report on the amount of loss of the commodity value of the vehicle;
- an agreement between the car owner 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 for compulsory motor liability insurance takes place 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 about the satisfaction of your request, which should be sent to the post office by registered mail.
- Self-assessment of the likelihood of compensation for TCB.
- Appeal to independent experts to assess the real cost of repairing a vehicle.
- Filing an application with an insurance company with a request to pay compensation for the lost value of the car in full.
- In case of refusal to pay compensation, a claim is drawn up in the name of the Director General of the insurance company.
- If the claim is rejected, then a lawsuit is filed.
Only following this scheme, it is possible to achieve compensation for the lost commodity value of the vehicle.
Who pays for TCB
Compensation is paid by the person who acts as a defendant during the trial. This can be either an insurer or a driver who caused an accident.
If when calculating the TCB for CTP, it was found that the cost of repair work exceeds 400 thousand rubles, which the insurance company is obliged to pay in accordance with applicable law, the rest of the compensation is borne by the culprit.
Forfeit
To date, a separate provision for the penalty in the event of a delay in compensation for the loss of the commodity value of the car is not provided, and any problems associated with it are resolved in a standard manner. Thus, the amount of the penalty will be determined on the basis of the principle, as in the case of delay or refusal to fulfill obligations imposed by the court.
If during the trial the insurance company will be obliged to pay compensation under TCB, but the insurer will delay payments, then for each day of delay the penalty will be imposed on him in the amount of 1% of the cost of repairs. The insurance company has 20 calendar days to reimburse TCB under compulsory motor liability insurance.
When repairing a service station
You can receive compensation for the loss of the commodity value of the vehicle for both compulsory motor third-party liability insurance and hull insurance. However, before you start the proceedings, you must carefully read the insurance contract. It should state whether the insurance company is responsible for the TCB and whether it pays compensation.
It is important to understand that no insurer will voluntarily indemnify, therefore, this problem will have to be resolved through a court according to the standard scheme that was described earlier. Do not be afraid of litigation, because, as practice shows, in most cases the insurer wins.
But only those motorists whose vehicle wear level does not exceed a certain threshold can count on receiving payments. For CASCO policies, it is not more than 35 percent, and for compulsory motor liability insurance - 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 try to refuse them to the client by all possible means. In this article, step-by-step instructions were described in detail, by observing which, compensation for damage can be achieved.
- If the amount of damage incurred on TCB exceeds the limit of insurance payments specified in the contract, then compensation for the remaining amount can be requested from the person who caused the accident.
- Accidents occurring as a result of a collision with green spaces and some types of buildings also fall under the category of insurance cases with TCB.
- According to new changes in legislation, TCB compensation can be obtained if the car was damaged at the hands of hooligans not only on the roads, but also in the yards.
- If an accident was recorded using the European protocol, then TC compensation can be obtained if there is a photo and video from the scene.
Understanding all aspects and nuances of receiving monetary compensation under TCB, as well as timely measures taken will help to win the trial and receive full damages. If the claim of the insured to the insurer is 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 participated 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 the damaged hardware is hardly sold. After all, every buyer checks whether a car is broken or not. What is the vehicle owner thinking at the moment when “all dreams are crumbling”?
Most likely, the owner consoles himself with the thought that he will restore the car and will use it for many years without reselling to others.
Few people know that compensation for damage from accidents also includes compensation for TCB. The loss of commodity value is the difference between the cost of a brand 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 a repair repair station.
As prescribed by law
In fact, insurers are in no hurry to pay compensation for TCB. However, under Russian law, the policyholder has all the rights to receive a full payment and a “round sum” to the current account.
Reasons for this:
- In accordance with the Rules of Compulsory Third Party Liability Insurance, clause 60 a, the insurance company must establish and pay the real damage to the injured party in full (repair cost + TCB). But the sum insured cannot exceed a certain amount in 400 thousand rubles (), 1 million rubles and more () (see conditions in the policy).
- If the insured amount exceeds the permissible values, then the TCB is charged from the culprit in an emergency in court. To determine who is to blame, it is necessary to find out who is charged with violating the Rules of the Road (who is issued a protocol on an administrative offense, he is the culprit). This right (to sue an individual causing harm) is regulated by and.
The Supreme Court of the Russian Federation each time declares the right of the owner of the vehicle to demand the full cost of damage to the connection with an accident to return.
In particular, in the Resolution of the Plenum of January 29, 2015 No. 2, the concept of “lost commodity value” is “deciphered”.
This is premature wear, reduced strength of individual body parts, loss of durability of joints, components, assemblies, coatings due to the consequences of a specific accident and after repair at a service station.
Calculation online
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 calculation online is calculated according to the act, along with a car service or upon inspection by an independent expert. We must say right away that some damage is excluded from the list, since it does not affect the performance of the car.
For instance:
- Wheel arch assembly.
- Mud flap.
- Radiator grille.
- Window frame panel.
- Luggage floor, etc.
All other important elements of the vehicle body are considered in the list. The owner of the car simply indicates the duration of the repair, full or partial replacement and the need for painting. The calculator gives the result depending on the entered values.
Step 1. Data entry.
Step 2. Select the TCB value and enter the initial value of the car.
Step 3. Get the amount of compensation for TCB, depending on the entered damage to the car, its initial value.
Halbgevax Method
According to the Halbgevax method, mileage is not taken into account. Relatively new are cars whose mileage does not exceed 100 thousand kilometers for foreign cars and 50 thousand kilometers for Russian cars.
In this case, it is analyzed:
- The age of the car.
- Cost for individual parts (CM).
- Repair Price (CP).
- Amount of repair (СО).
- The price of the new car and the value of the vehicle (CN) at the time of the accident (CR).
The general formula looks like this:
TCB \u003d K / 100 * (CR + CO)
It is calculated using special calculators.
Attention! Before applying the method, the economic feasibility of paying for TCB is checked. It will be justified if the value is equal to or greater than 40 percent. The value is calculated by the formula: (CR / CN) / 100.
The following parameters are taken into account:
All these values \u200b\u200bare used in the calculation of TCB. The data is taken from the table, substituted in each individual case, depending on the period of use of the car and on the basis of this we get the exact result:
Where to go for compensation
The insurance company often refuses to pay for TCB, on this occasion they prefer to remain silent and, and its other participants. The problem is the same: ignorance of the legislation and lack of experience in its successful use.
Meanwhile, the owner of the vehicle, representing the injured party under compulsory motor third-party liability insurance, must know his abilities to claim compensation.
The algorithm of actions in this case is as follows:
Step 1. Determine if the car is a relatively new vehicle. To do this, it is necessary to confirm the fact that there were no accidents and accidental damage to the body before the incident, the wear of parts is minimal.
In general, for consideration on the issue of TCB are accepted:
- Cars of the domestic automobile industry, which came off the assembly line no later than 3 years ago, with mileage of up to 50 thousand kilometers. Parts wear does not exceed 40 percent.
- Foreign cars with mileage of up to 100 thousand kilometers and a duration of operation (from the first owner) of up to 5 years.
Step 2. Declare your intention to return the TCB. The form of expression of will is written. The document is submitted to the insurance company; in the hands of the insured receives a copy with a mark of acceptance. The term for consideration of any petition 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 that “TCB is part of 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 collection of the calculated amount.
Attention! Compensation for the loss of commodity value may not exceed 20 percent of the real value of the damage.
Necessary documents for confirmation of TCB on compulsory motor third-party liability insurance after accident
When contacting an insurance company, it is important to collect a detailed package of documents that entitles you to insurance compensation payments.
These include:
- Documents received in the traffic police department - protocol on an administrative offense, traffic accident scheme, copies of a driver’s license, compulsory motor third-party liability insurance agreement.
- Documents obtained as a result of independent examination from the insurer - expert assessment of the cost of damage.
- Referral for repairs from an insurance company. It is usually issued 10-14 days after the execution of the case on the insured event.
- Report on a second, independent peer review of 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 prepared in 10-14 days and is used to resolve disputed issues.
- TCB return application.
- Passport, technical equipment passport and its copy.
- Measurement of readings of the kilometer counter.
- The contract of sale of the car at the dealer, which indicates the initial cost of the car.
The procedure for receiving payments
Car repair is a priority. Payments for TCBs represent a small cash bonus that compensates for the loss of presentation of the car.
It is only about the components and assemblies of the car, which directly affect the operational characteristics of a vehicle.
Even if the insurer sent the injured party to the dealer, to the auto repair shop, he is still obliged to charge the cash equivalent for TCB.
Car Owner Actions:
- To conduct an independent examination.
- Make an application to the insurance company for the payment of TCB.
- Wait for a positive decision.
- In case of refusal to go to court.
The chances of a pre-trial solution to a controversial problem are very high. But you need to know who can qualify for payments. There are special requirements for the insured car and its owner.
They look like this:
- Accident should be the first on the account of the car.
- The CASCO voluntary insurance contract does not contain a clause describing the denial of payments for TCB.
- The insured person confirms with documents that he is the injured party. The culprit of the accident is also present either on the protocol of an administrative offense or in a criminal case.
- Car wear is not a critical indicator: it 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 established with the right to compensate for TCB, and for foreign cars - up to 7 years of continuous operation.
When a failure is possible
The refusal is valid when a specific clause regarding the TCB is prescribed in the contract. In this case, the “On 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 owner of the car - go to court to resolve the dispute in a civilized manner.
Again, the Supreme Court of Russia obliges judges of various meanings 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 damage in an accident should include calculations for the loss of the commodity value of the car. This money is paid either by hull insurance (to everyone, without exception), or by compulsory motor third-party liability insurance, but only to the injured party.
The commodity value of the car is one of the most important issues in financial disputes over the payment of monetary compensation with an insurance company. A particularly acute question arises in the event 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 have a different understanding of the very definition of “commodity value of a car” when clarifying relationships 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.
Losses of commodity value (TCB) is the actual decrease in the value of a car after an accident or traffic accident.
Typically, the term TCB is used after the necessary restoration work has been carried out, having previously assessed 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 impeccable and thorough repair will not be able to return the vehicle lost consumer qualities. Damage during a collision can be corrected, but most often it is not possible to restore the car to its previous operational reliability and factory strength.
![](https://i0.wp.com/avtoedet.ru/wp-content/uploads/2016/04/UTS-vozmeshhaetsya-dlya-inomarok-ne-stare-5-let.jpg)
Unfortunately, the concept of TCB becomes real only for the car owner. Insurers usually interpret TCB differently and, for obvious reasons, attribute the loss of the commodity value of the car to loss of profit. Such a classification excludes compensation for damage caused in road accidents, because the Law “On Compulsory Motor Liability Insurance” clearly speaks only of material compensation for actual damage. Thus, there is a clear conflict of interests between the insurer and the client with all the consequences for the parties. Nevertheless, 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 compensate the TCB.
Compensation for loss of car value
First of all, you need to try to solve the problem "peacefully" and write a statement to the insurance company. It is important to know in which cases to take such a step is categorically not worth it:
- If you are the officially identified culprit of an accident.
- If a domestic car is more than 4 years old.
- If a foreign car is more than 5 years old.
- If the technical wear of the car is more than 35%.
- If the full amount of compensation for OSAGO is received.
In other cases, filing an application with an insurance company is justified with real chances of winning a money. Most likely, an official refusal will be received for an application for compensation for the loss of the commodity value of the car, but in this case you should not lose heart. The statement of the victim and the response of the insurer will be useful when considering the case by the judicial authorities.
![](https://i0.wp.com/avtoedet.ru/wp-content/uploads/2016/04/UTS-oplachivaetsya-strakhovymi-kompaniyami.jpg)
So, the sequence of actions for pre-trial settlement of a dispute with the insurer:
- Registration of the application to the insurance company in duplicate.
- Waiting and receiving a formal negative response.
- Independent TC assessment of the affected vehicle.
- Making a claim on the response of the insurance company.
If there is no response to the claim within five days or if you receive a negative answer, you can safely file a statement of claim with the judicial authorities. With significant amounts of expected payments and in extraordinary cases, it is advisable to seek the help of a qualified lawyer of appropriate specialization.
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Nuances of reimbursement for loss of inventory value
The question of compensation for the loss of the commodity value of the vehicle due to a traffic accident is of interest to each car owner. If a car of an inexpensive brand with a decent mileage damaged in a traffic accident does not promise its owner large insurance benefits, then owners of expensive foreign cars can very well rely on very substantial amounts if the case is won in court.
It can be clearly stated that the amount of compensation for the loss of the commodity value of a car 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 this difficult path to the end. It should be noted that the case for judicial compensation of TCB is not a quick and easy measure.
There are several varieties of methods for calculating lost commodity value, but the most authoritative is the valuation method developed in the bowels of the Ministry of Justice of the Russian Federation. This technique is a priority in the work of relevant specialists, and it is precisely ministerial development that is used in calculating TCB in 2016.
It should be noted that compensation for the loss of commodity value is made only in certain cases, namely:
- When repairing a body with a complete replacement of its elements
- When restoring the paintwork of the vehicle
- With the obligatory replacement of individual parts
- When eliminating deformation of the vehicle body
- When installing new components and assemblies
- When restoring the passenger compartment.
It is important to remember that the possibility of winning a lawsuit in 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 must be significant. In addition, all parts, elements and assemblies that are replaced when restoring a vehicle must have all the signs of factory equipment. In other words, when calculating the size of the loss of the commodity value of a car, components, assemblies or components installed outside the manufacturer are not considered.
Knowing the nuances of the TCB and the right sequential steps will necessarily lead to a positive court decision. Typically, the federal court upholds the fair claims of vehicle owners, which means there is always a chance to improve their financial situation, which can and should be used.
Video: Commodity Loss
The lawyer answers the basic questions related to the TCB on CTP