Add. inspection for hidden damages (for CTP or Casco losses). Is the car owner obliged to present the car for inspection when applying for an OSAGO policy? The insurance company requires an inspection of the car when concluding an OSAGO

A car that has been in an accident needs a thorough inspection. After all, the insurers and the owner must know how much the repair will require. The inspection procedure will help to understand this. It is not as simple as it seems, it is carried out according to certain rules and requires care and perseverance from the car owner.

The OSAGO Law requires that a vehicle damaged in an accident be submitted for inspection without fail:

When causing damage to property, in order to clarify the circumstances of the damage and determine the amount of losses subject to compensation by the insurer, the victim, who intends to exercise his right to insurance indemnity or direct compensation for losses, within five working days from the date of filing the application for insurance indemnity and attached to it in accordance with by the rules of compulsory insurance of documents is obliged to present the damaged vehicle or its remains for inspection and (or) independent technical expertise ...

If the victim does not open access for the specialist from the insurance to the damaged car, the company has the right to refuse to pay the damage. If it is impossible to deliver the vehicle to the site, this must be reported to the company so that the procedure can be organized elsewhere.

Car damage in an accident: types

In case of a car accident gets the following types of damage:

• strong, after which many parts must be replaced, not repaired;
• medium, meaning the need to restore some of the components of the car;
• minor, that is, scratches, chips, dents, the elimination of which is possible on their own or at a service station.

In addition, emergency defects are visible and hidden. The latter are difficult to detect for a non-specialist, sometimes diagnostics and analysis of a car are required to identify them. But hidden damage interferes with its safe operation, and therefore must be identified and paid for by the insurer.

In more detail, the types of emergency defects are described in Appendix 2 to the Regulation of the Central Bank No. 432-P of September 19, 2014:

• bloating,
• vibration,
• dent,
• hall,
• bend,
• burning,
• gap,
• bias,
• knocking while moving, etc.

Methodology for assessing damage in case of an accident

The methodology for assessing damage resulting from an accident was adopted by the Bank of Russia and described in Regulation No. 432-P of 2014. The legal document consists of:

In the same part, the sources on which mathematical calculations are made are indicated.

• 10 applications. They contain requirements for photographs of a damaged car, types of defects received and their description, labor costs for restoring the body, coefficients needed when calculating wear and tear for different types of machines and parts, components for which zero depreciation is set, and other important nuances.
• Service for calculating the average cost of spare parts. It is on the RSA website.

EMRU applies when it comes to OSAGO. With other types of auto insurance, other methods of damage assessment may be used.

Inspection of a car after an accident by an insurance company

Organized insurance company in the following way:

Car damage diagram

The damage diagram of a car that has been in an accident shows the degree of destruction of its various parts:

• The yellow color on it means minor defects: chips, scratches, abrasions, etc. To eliminate them, minor repairs are enough. Yellow also indicates the destruction of plastic and glass parts that need to be replaced.
• Red means the element has been severely damaged and a new one will be needed for repair. The same color on the diagram indicates the destruction of the mechanisms of the car that set it in motion, the deformation of the body.
• Crosses on the image are placed where the blows fell. There may be several.

In addition, the diagram indicates the data of the machine and information about the accident.

Description of damage to the car in an accident

Description of vehicle damage, injured in an accident, is performed in accordance with paragraph 1.6 of Chapter 1 of the Regulation of the Central Bank No. 432-P:

• designating a damaged part, write its type, subspecies, localization relative to the side of the vehicle, numbering or code, if any;
• for each defect, name its type in accordance with the classification of Appendix 2, location, nature and size;
• indicate the type and extent of the proposed restoration of the destroyed element;
• the complex of repair work is determined by the nature and level of damage based on the technology of the manufacturer or service station.

How to contact the insurance company for a car inspection

After an accident, the victim needs to go to the insurance company as soon as possible. Which one is regulated by the OSAGO Law:

An application for insurance compensation in connection with the infliction of damage to the property of the victim is sent to the insurer that insured the civil liability of the person who caused the damage, and in the cases provided for by Clause 1 of Article 14.1 of this Federal Law, an application for direct compensation for losses is sent to the insurer that insured the civil liability of the victim.

The owner should require not only the inspection of the car. This is only part of the process that must be completed to obtain insurance. It is necessary to notify the company that the vehicle has been in an accident. To do this, the owner provides a package of documents:

• Statement. It is written in free form, but the insurance company may have standard forms that must be filled out according to the model.
• Passport. They also take a certified photocopy with them.
• Accident report. It is obtained from the traffic police. And if the incident was registered without the participation of service employees, this document is not needed.
• A copy of the accident report. The traffic police inspector who compiled the document gives it to the owner of the car.

There is no need to write a special application for the inspection of the vehicle. This stage is already mandatory in the course of registration of an insured event and receipt of payment.

Vehicle inspection application

Special vehicle inspection requests the victim does not need to write. He applies to the insurer with a written claim for compensation and other documents related to the accident, listed in the OSAGO Law. After that, the company is obliged to arrange an inspection of the vehicle no later than 5 days from the date of registration of the application.

If an additional procedure is required for written confirmation of latent defects, a notification of them should be filed. It is drawn up in free form, for example, according to.

Car Troubleshooting conducted after an accident, is a detailed identification of the nature, degree of damage. It is performed by a specialist technician. Based on the results, an inspection map is compiled, where individual flaws are introduced in each column. The result is a list of them, recommendations for the elimination of defects, calculations of the price of materials, new parts and work. Actually, this is the preparatory stage of car repair.

Drawing up an inspection report

As a result of the procedure, a document - an act should be drawn up. It is a form that needs to be filled out. Mandatory information to be included in the act:

• vehicle information;
• date and place of the accident;
• reference number about it;
• information about the owner of the examined car or his authorized representative;
• a list of damaged parts and the nature of the breakdown of each of them;
• whether they need to be replaced or repaired;
• Is there any hidden damage on the vehicle?

The owner of the vehicle needs to carefully monitor that all defects acquired due to an accident are reflected in the document. Particular attention should be paid to the column on hidden damage. Insurers in most cases insist that they are not in a particular situation. The task of the owner is not to miss hidden damage, which may be indicated, for example, by a hard-to-open trunk or chipped coating on the inside of the case.

Expert opinion

Nadezhda Smirnova

Automotive Law Expert

At the end of the inspection, the owner of the car must receive a copy of the act so that later the employees of the insurance company do not make changes to it. If he does not agree with the results of the procedure, the document does not need to be signed.

How long is a vehicle inspection certificate valid?

The act of inspection of the vehicle is valid until the victim receives compensation that suits him. Even if an additional procedure, an independent examination, is carried out later, the document can be used in court proceedings. The act is valid and subject to review as long as there is a need for it. This term is not limited by law.

Inspection after an accident

Information on how much time is allotted for organizing and conducting a car inspection is in the OSAGO Law:

The insurer is obliged to inspect the damaged vehicle, other property or its remains and (or) organize their independent technical examination, independent examination (assessment) within a period of not more than five working days from the date of receipt of the application for insurance compensation or direct compensation for losses with the attached documents ...

The car must be provided for the procedure in the form in which it remained after the accident. In no case should the owner rush to repair it himself.

The owner brings the wrecked car to a place where a technician can inspect it. He is informed of this in advance. And if the state of the vehicle is such that it is impossible to overtake it, the procedure is carried out at its location. That is, where the wrecked car was taken by a tow truck.

About what documents are needed for insurance after an accident and the rules for inspecting a car by an independent expert, see this video:

Who needs a power of attorney for an examination

The owner of the car may not deal with the insurance payment himself, but entrust it to another person. Then the presence of the owner at the inspection is not necessary. He can issue a power of attorney in the name of a relative, friend, or certify it with a notary. And a person with this document has the right to control the inspection, protecting the interests of the owner of the vehicle. He then puts his signature on the act.

Authorization to inspect a car after an accident

A power of attorney to participate in the inspection of the car after an accident is issued by the owner of the equipment to the person who will represent his interests during the procedure. The document, executed according to, is certified by a notary, drawn up no later than the day on which the application was submitted to the insurance company.

On its basis, the representative of the car owner may be present during the inspection of the car, ask the expert questions, express his disagreement, make comments, statements, demand clarifications, etc.

The procedure for assessing damage in an accident

Damage assessment procedure applied in an accident, next:

The result of a paid study will be a conclusion where the damage will be assessed. With it, the car owner can go to court if the insurance company does not want to compensate for the damage voluntarily or insists on the amount established based on the results of the inspection or the examination organized by it.

Watch this video about conducting an independent damage assessment after an accident:

How to calculate damage in an accident

• Ср is the price of repairs in rubles;
• Р р – expenses for restoration works;
• R m - funds required for materials;
• R sch - the cost of spare parts.

The final number is rounded up to hundreds of rubles, but the amount cannot be more than 400 thousand rubles.

How is the inspection, what to look for

The time and date of the procedure, the car owner is notified in advance. Usually inspection
takes place at a service station. And besides the representative of the insurance company, a technician also participates in it.

But he often works to protect the interests of the company and may "not notice" hidden damage to the car.

In order not to be deceived, the owner of the car has the right to bring his specialist for inspection. The expert will be able, with knowledge of the subject, to demand that information about the acquired defects of the vehicle be entered into the act.

What should the victim pay attention to if he is on examination without an assistant:

• dents, and not just paint chips, may indicate hidden damage to the mechanisms of the car;
• if the trunk does not open well, it means that the geometry of the body is broken;
• under any circumstances of an accident, it is necessary to examine the roof of the vehicle, hidden defects can be found there;
• a problem with opening the hood cover is sometimes a sign of engine damage;
• it is necessary to insist on inspecting the bottom of the car, since this part is often deformed in any collision.

Additional inspection according to OSAGO- This is the procedure necessary to establish hidden damage to the machine. It is needed if the results of the initial inspection did not satisfy the car owner-insured.

In essence, the procedure is an examination for which the insurer must send the car. If he refuses to do this, the car owner himself turns to an independent company, orders and pays for a study of the technical condition of the vehicle. The place and time of its holding should be notified in writing to the other participant in the accident and the insurance company.

Based on the results of an additional inspection, a conclusion is drawn up on the presence of hidden defects obtained during an accident, the cost of repairs.

Terms of payment of compensation

If there is no disagreement between the insurer and the victim regarding the amount of compensation determined based on the results of the inspection, it must be paid within 20 days after the submission of the application.

By law, the owner can send the car for repair to any service. To do this, he needs the consent of the insurer. In this case, payment for the service by the company is carried out no later than 30 days later. The money is not given into the hands of the car owner, but transferred to the settlement account of the service center.

If the insurance company is late with the payment, it will face an increase in costs:

If the deadline for making an insurance payment or the deadline for issuing a referral for repair of a vehicle to the victim is not observed, the insurer for each day of delay pays the victim a penalty (penalty) in the amount of one percent of the determined ... amount of insurance compensation according to the type of harm caused to each victim.

And if the company does not pay the bill for the repairs already completed, the penalties will be 0.5% per day.

Appeal to independent expertise

The disagreement of the insurer and the car owner regarding the amount of compensation dictates the need for an independent examination. The company orders it, and the owner provides the damaged car for a more thorough examination.

Quite often, an examination paid for by an insurance company gives an opinion that is beneficial to it, and not to the victim. Therefore, he can order a second procedure already in another independent organization.

The examination will not only reveal all the damages received, but also determine the amount of damage. Based on its conclusion, insurers can voluntarily pay out money in response to the claim of the car owner, or he will sue the company. And he will accept the document as evidence requiring exactly the specified amount of compensation, and not less.

Insurers always try to pay motorists as little as possible. But satisfactory compensation can sometimes be obtained on the basis of one inspection of the vehicle, avoiding an independent examination. The car owner should make sure that the procedure detects acquired defects, consult in advance about damage with specialists who understand cars.

Useful video

For an independent examination of the vehicle, see this video:

The CASCO or OSAGO vehicle inspection certificate is the only and most important document confirming the fulfillment of your obligation to present the vehicle for inspection by the insurer after an accident.

This document is extremely necessary for you, since in the future, in a lawsuit, the insurance company may justify its refusal by your failure to fulfill your obligation to provide a car for inspection after an accident.

Many people confuse the act of inspection and the conclusion of an independent expert on the cost of refurbishment, these two concepts must be distinguished.

The act of inspection - is carried out by an employee of the insurance company, fixes only the fact that the insured provided the car for inspection and fixing its damage. expert opinion - fixes the damage and calculates the cost of restoring repairs and also substantiates the calculation carried out by the expert. These two documents have different legal meanings and purposes.

Is an insurance company obligated to issue a vehicle inspection report?

The insurance company is clearly obliged to issue you a vehicle inspection certificate, this obligation is provided for in clause 4.23 of the Rules for Compulsory Civil Liability Insurance of Vehicle Owners.

What to do if the insurance company refuses to issue a vehicle inspection report?

If the insurance company refuses to issue a vehicle inspection report, you must submit a written application for the issuance of a vehicle inspection report. You can download a sample application from the link, this application must be handed over to the employee of the organization against signature and seal, and in your application you must indicate when you provided the car for inspection.

Very often, insurance companies respond to written requests that, in accordance with their internal rules, all materials of the insurance case are their property and are not issued at the request of the insured. You should know that this is not the case for you, as the insured, in this case, the most important thing is to provide for yourself proof of the fulfillment of the obligations stipulated by law to provide a vehicle for inspection by an insurance company, that is, the inspection act itself is not of great importance. The fact of providing a car can be proved in any other way.

How do I get my insurance company to issue a car inspection report?

If the insurance company paid you an insurance amount less than necessary for the repair, you should not get hung up on the inspection report, in this case you need to:

• conduct an independent review
• collect money from an insurance company
• within the framework of the lawsuit, it is necessary to file a petition with the court for the recovery of the case materials from the insurance company, including the inspection report

Sample application to the insurance company for the issuance of an inspection certificate

By clicking on the link, you can download a sample application to the insurance company for the issuance of an inspection report. In this application, you must specify:

1. Last name, first name, patronymic of the insured
2. location
3. contact number
4. name of the insurance company
5. address and TIN of the insurance company
6. briefly state the problem
7. the most important thing is to clearly formulate the requirements for issuing an act

To submit a claim for the issuance of a vehicle inspection report, there is no difference under which CASCO or OSAGO contract the insurance company must pay out the application sample here is the same.

Anton, hello.

As you rightly noted, the Law “On CTP” obliges the driver guilty of an accident to present the car for inspection to the insurance company.

3. In the case of drawing up documents on a traffic accident without the participation of authorized police officers, the owners of vehicles involved in the traffic accident, at the request of the insurers specified in paragraph 2 of this article, are obliged to present these vehicles for inspection and ( or) independent technical expertise within five working days from the date of receipt of such request.

And the law does not really stipulate the place of such an inspection.

However, the insurance rules - "Regulations on the rules for compulsory insurance of civil liability of vehicle owners" (approved by the Bank of Russia on September 19, 2014 N 431-P) say in this regard that

The insurer conducts an inspection of the damaged property and (or) organizes an independent technical examination, an independent examination (assessment) by issuing an appropriate referral for an independent technical examination, an independent examination (assessment) within a period of not more than five working days from the date of submission of the damaged property to the injured for examination, after which, at the written request of the victim, the insurer is obliged to acquaint the victim with the results of the inspection and (or) independent technical expertise, independent expertise (assessment), unless a different period is agreed between the insurer and the victim. The fact that the insurer fulfills the obligation to organize an independent technical examination, an independent examination (assessment) is the issuance (direction) of the appropriate referral to the victim.
The insurer is obliged to coordinate with the victim the time and place of the inspection and (or) organization of an independent examination of the damaged property, taking into account the work schedule of the insurer, the expert and the period specified in this paragraph for the inspection, independent technical examination, independent examination (valuation) of the damaged property, and the victim in the time agreed with the insurer is obliged to present the damaged property.
If the injured property or its remains are not presented for inspection and (or) independent technical expertise, independent expertise (assessment) on the date agreed with the insurer, the insurer agrees with the victim on a new date for inspection and (or) independent technical expertise, independent expertise (assessment) of the damaged property or its remains. In this case, in the event that the victim fails to fulfill the obligation established by this clause of the Rules to present the damaged property or its remains for inspection and (or) independent technical expertise, independent expertise (assessment), the period for the insurer to make a decision on the insurance payment specified in clause 4.22 of these Rules may be extended for a period not exceeding the number of days between the date of submission of the damaged property or its remains to the victim and the date of inspection and (or) independent technical expertise, independent expertise (assessment) agreed with the victim, but not more than 20 calendar days, except for non-working holidays . If the injured property or its remains are not presented for inspection and (or) independent technical expertise, independent expertise (assessment), the insurer shall notify the victim in writing of the impossibility of making a decision on the insurance payment (issuing a referral for repairs) until the victim performs these actions.
If the nature of the damage or the features of the damaged vehicle, other property preclude its submission for inspection and independent technical expertise, independent expertise (assessment) at the location of the insurer and (or) expert (including if the damage to the vehicle excludes its participation in road traffic) , this is indicated in the application. In this case, the inspection and independent technical expertise, independent expertise (assessment) are carried out at the location of the damaged property within a period of not more than five working days from the date of filing an application for insurance payment and documents, provided for in paragraph 3.10 of these Rules, and in the event that a damaged vehicle or other property is located in hard-to-reach, remote or sparsely populated areas - within no more than 10 business days from the date of filing an application for insurance payment and documents provided for in paragraph 3.10 of these Rules, unless otherwise terms are not agreed between the insurer and the victim.

In this case, you can send to the insurer a response to his claim in which, setting out your arguments

but he lives 120 km from Moscow, and demands to provide only to Moscow and only on weekdays (he works, on weekdays
Anton

location of the vehicle, in the same city of the accident, in the same city both parties of the accident live, in the same city the insurance contract was concluded, and for 5 years already in one insurance
Anton

You notify of your readiness to provide a car for inspection at the branch (representative office) of the insurer in the given city. However, if a refusal is received from the UK, the car will have to be provided at the specified address.

A very interesting clarification for motorists injured in an accident was given by the Supreme Court when it reviewed one standard case. More precisely - a monetary dispute between the car owner and insurers.

We have had a lot of such conflicting clarifications of relations lately. Most of them don't make it to court. And of those who have reached, not everyone eventually gets to the highest judicial instance of the country, which explains, first of all, to the judges themselves, how to properly resolve such disputes.

So, the standard situation is an accident involving several cars. One of the cars, driven by a woman, was seriously damaged. The traffic police found guilty of the collision one of the drivers, who, by his behavior on the road, "collected" several cars.

The insurance company paid the lady to fix the car. But - minimally. The rest she had to lay out of her pocket. The woman went to court with a lawsuit against the insurers and the perpetrator of the accident, demanding compensation for the spent. The district court, having received the claim, wrote to the woman that she was leaving her case without consideration, since the lady "did not follow the pre-trial procedure for considering the dispute." They also wrote to the woman that if she follows this procedure, she can go to court again. These keywords - about non-compliance with the pre-trial procedure for considering a case - are a frequent argument of the courts when they decide not to consider any dispute.

The need to comply with the pre-trial order is stated in Article 222 of the Civil Procedure Code.

If we translate the wording of this article into our specific case, then the lady refused to provide the car for inspection by independent experts, who were called such by the insurers. In court, the woman explained that as soon as she repaired the car, she immediately sold it. Well, if so, the court decided, the claim will remain without consideration.

After such a decision of the district court, the woman went further and higher up the judicial ladder. The cassation instance overturned the decision of the district court and sent the case back to the district court.

But following her, the decision to return the case for a new trial was canceled by the supervisory authority and said: everything was decided correctly in the district court and this verdict should be left.

The injured driver had no choice. It is impossible to return the car to its previous form, and it has long become the property of other people. And without an examination by "independent experts" in court, they did not even want to talk to her.

The Supreme Court was the last hope.

And then the woman realized that she fought correctly, because the Judicial Collegium for Civil Cases of the Armed Forces considered the plaintiff's claims fair and, most importantly, legal.

Well, what then to do with non-compliance with the procedure for settling a dispute and with Article 222 of the Code of Civil Procedure?

The Supreme Court stated the following. According to Article 222 of the Code of Civil Procedure, the court has the right to leave the application without consideration, but in strictly defined cases. If the plaintiff does not comply with the procedure "established by federal law for this category of cases or provided for by the agreement of the parties, the pre-trial procedure for resolving the dispute."

The Supreme Court concludes: presenting a car for inspection to an insurer is not a pre-trial procedure for settling a dispute, as Article 222 of the Code of Civil Procedure states.

By law, the inspection of a damaged car is carried out regardless of the dispute between the owner and the insurer. It's just a mandatory process. And getting her pennies from insurers, the woman has already done this. By the way, according to the same law on transport insurance, an inspection is needed solely to clarify "the circumstances of the damage and determine the amount of damage that must be compensated."

In addition, the Supreme Court said, the woman made "monetary" claims not only against insurers, but also against an individual citizen - the culprit of the accident.

But the district court simply did not notice this and left the entire claim without consideration. Which was completely wrong and illegal.

Insurance

Recently, the Supreme Court has increasingly taken the side of the car owner, which can only please.

So, for example, in this case, the owner of the car was not at all obliged to provide the car for inspection. According to the latest Supreme Court rulings, the money spent on car repairs, as evidenced by invoices from the company that restored the car, should have been reimbursed by the insurance company.

In cases when it comes to payments for voluntary CASCO insurance, the insurer, according to the decision of the same Supreme Court, has even more obligations. He must compensate for repairs without depreciation. For OSAGO, depreciation accounting is prescribed in the law. In addition, the insurer for voluntary types of insurance must also pay for the loss of commodity value. It is clear that after a major overhaul of the car, it loses a lot in price.

Such verdicts of the main court of the country, handed down in favor of citizens, but against insurers, make the latter increasingly louder to demand an increase in the price of the policy.

To date, insurers have already addressed with compassionate letters wherever possible. They wrote to the government, the Ministry of Finance and the State Duma. In these letters, insurers describe the features of financial flows in the insurance business. According to them, the standard "commodity-money-commodity" scheme cannot be applied in the insurance business.

Here, investments, that is, the payment for insurance, pay off for years. So for the accident that happened today, they may have to pay in a few years. Therefore, the tariff for OSAGO should be increased. As for OSAGO, the amounts paid by the insurance company are not always enough for a full repair.

In this case, no one took away from the car owner the right to make claims not only to the insurer, but also to the owner of the car, through whose fault the damage was caused. And, as practice shows, the courts for the most part make decisions in favor of the injured car owner.

Recall that the most "popular" cause of accidents on our roads is the discrepancy between speed and road conditions. Often, drivers really do not take into account the formation of ice under the wheels or unexpected puddles.

But most often, all accidents are written off under this category,

for which it is difficult to establish their cause. Due to errors in the choice of speed, almost 58,000 accidents occurred last year. In second place are accidents due to shortcomings in the road network. Last year - almost 43 thousand accidents.

By the way

There are two laws that deal with the problem of the injured woman. These are the Law "On the organization of insurance business in the Russian Federation" of 1992 and the Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" adopted ten years later. Both laws simply do not require out-of-court dispute resolution. The law on car insurance says that the insurer has the right to refuse to pay in whole or in part if the repair of damaged property or the disposal of its remains was made before an independent examination and does not allow "reliably establishing the existence of an insured event or the amount of losses under OSAGO."