What to do when understating and refusing to pay insurance indemnity under CTP and CASCO?
Hello, I got into an accident and I had an insured accident under OSAGO. Tell me in what cases can insurers refuse or underestimate insurance indemnity payments under CTP / CASCO policies? Victor, Saratov region.
In the Russian Federation there is a federal law "On compulsory insurance of civil liability of vehicle owners." However, even based on a law in the field of auto insurance, insurance companies can underestimate their payments.
Insurance agents were able to identify the following pattern: if ten people get into an accident, then only a few victims will come to the company for payments. The rest of the victims will not go for payments, as they will think that they will not be able to prove anything.
Also, many people think that they should not be insured because they will give more money for insurance, and if something happens, they will not be paid anything. In addition, some motorists just don't want to sue.
Why sometimes insurers do not pay insurance in case of an accident?
If the person to blame for the accident does not have a CTP insurance policy (CASCO), then the insurance company may not pay insurance completely legally.
Also, insurance will not be paid if the following events occur:
- The health of the person performing his duties was harmed. You will have to pay for the damage done using social insurance.
- If the vehicle was driven by a person who caused damage to the car.
- If damage was caused when loading or unloading a car.
- If any valuables have been damaged
- If the passengers who were in the car were injured during transportation.
In addition, you will not receive insurance if car damage has occurred due to:
- Impact on the car force majeure, or by malicious intent of the victim.
- If radiation has affected the insured property, or if a nuclear release has occurred nearby.
- If the car was on the field during hostilities.
- If riots, strikes, or civil war begins.
These were the reasons why the insurance company is really not obligated to make payments. But sometimes insurers simply refuse to pay, without really explaining anything, or coming up with false grounds. These problems are easily solved by insurance lawyers.
So, here is a list of completely unfounded failures:
- The insurance company is not obliged to pay insurance to people who have provided an incomplete package of all necessary securities. Clause 44 of the rules of the OSAGO insurance company states that together with the application for the payment of insurance, the person needs only a notification of the accident and a certificate stating that it got into an accident. This certificate can be obtained at the police station.
- Cars were not shown to specialists from the insurance company, which means the company will not pay. However, if an accident did occur, and after it the car cannot drive, it is necessary to add this in a statement about payment.
- The insurance company can not make payments, as the car is damaged, but the damage does not correspond to the accident. In this case, be sure to pay attention to how the examination was carried out. There is a chance to lose this case, as the court listens to the opinions of representatives of insurance companies. In this case, it is better to hire a good lawyer - a specialist in insurance payments.
- The man guilty of an accident refused to show his vehicle to insurance agents. Therefore, the company can not pay. Quite a complicated matter. Even if you want to defend your interests yourself, you may not receive payments. However, this business can be won. To do this, you should contact a lawyer who will be able to resolve this dispute. Only after that it will be possible to give the case to court.
- You can not pay the insurance company if the person responsible for the accident was drunk during the accident. Based on subparagraph "B" of paragraph 76 of the rules on insurance, the victim can be notified of this case in court. The court will be able to recover payments from the guilty person, even if he was drunk during the incident.
- The person guilty of an accident is not registered in compulsory motor third-party liability insurance. In such cases, based on subparagraphs “B” and “D” 76 of the rules of the insurance company, the injured person should notify the court. Then the culprit will be required to pay compensation.
We recommend reading related materials:
- What is hull insurance and how to calculate the cost of hull insurance?
- How to calculate and arrange online insurance?
- What is an insurance policy and how to properly arrange it?
We also recommend watching a video on how to buy an insurance policy online:
We hope that Rich Pro magazine was able to give you all the answers to your questions. We wish you good luck and success in all your endeavors!