Helmet law. Casco law. is there a single law? Repair under comprehensive insurance without accident

Voluntary automobile insurance in our state is undeservedly underdeveloped. This is caused, first of all, by the higher cost of insurance compared to mandatory insurance, as well as low level knowledge of motorists in this area of insurance. Let's figure out what CASCO is, what acts it regulates, how much it costs, what it compensates for, and how the payment procedure is carried out.

○ What is CASCO and what are the insurance rules governing?

The term CASCO general view can be defined as voluntary car insurance. This concept is not an abbreviation, but is a Spanish word that translated into Russian means “helmet”. This term is generally accepted and used in many countries.

CASCO as separate species insurance is not regulated by a separate law, as, for example, is the case with compulsory motor third party liability insurance. In this regard, a significant role in regulating the issue of providing this insurance, the procedure for receiving payment, etc. belongs to the insurance companies themselves, which issue internal documents regulating these issues.

However, this does not mean that the legislator has delegated all CASCO issues to insurers. There are a number of legal acts that the procedure for registering CASCO and paying for this type of insurance must comply with. Among them:

Civil Code (Chapter 48).
law on the organization of insurance business.
Insurance rules (internal legal act of the insurance company, which is of a public nature).

Since CASCO is property insurance, the concept of this type of insurance enshrined in civil legislation directly relates to it.

Clause 1 Art. 929 Civil Code:
“Under a property insurance contract, one party (the insurer) undertakes, for the payment stipulated by the contract (insurance premium), upon the occurrence of an event stipulated in the contract (insured event), to compensate the other party (the policyholder) or another person in whose favor the contract was concluded (the beneficiary) for damages caused as a result of of this event, losses in the insured property or losses in connection with other property interests of the insured (pay insurance compensation) within the limits of the amount specified in the contract (insurance amount).”

○ Basic CASCO rules.

The basic rules for registration and payments under a voluntary auto insurance policy are established in the relevant procedures of insurance companies, and those, in turn, are based on business customs and general standards Civil Code.

✔ Payments under CASCO.

The basic rules for making payments include:

Availability of a properly issued policy, the validity of which has not expired at the time of the insured event.
Any incident must be documented and confirmed (be it a certificate of theft, damage, etc.).
The incident must be included in the list of cases in the event of which damage can be compensated (as indicated in the contract).
There are compensation limits (directly dependent on the cost of the policy).
The policy owner has not committed any actions that would prevent the claim for payment of compensation (for example, intentionally causing damage to the insured car).
The amount of the payment due is determined by the expert after a series of studies and calculations.

✔ Refusal to pay under CASCO.

The reasons for refusal to pay compensation under CASCO in each case may be individual, because they are specified in the Insurance Procedure of a particular company, and are also enshrined in the contract. These may include:

Damage was received as a result of violation of the rules by the CASCO holder traffic, for which the punishment is deprivation of rights (but can also be determined individually).
The accident was not properly documented.
Before the examination, the car owner independently eliminated the damage.
Due to negligent actions of the vehicle owner (for example, forgotten ignition keys in the well or an unactivated alarm system).
The car was damaged by the owner himself during a wash or inspection, although not on purpose, etc.

A specific list is fixed in the contract.

✔ CASCO cost.

The final cost of a voluntary car insurance policy depends on factors such as:

The actual market value of the car at the time of insurance.
Makes and models of the vehicle.
Amounts of insurance payment.
Availability of additional services in the insurance (car lawyer, tow truck, etc.).
Availability of a franchise.
Accident-free driving under the previous policy, etc.

The cost of policies of this type of insurance depends on all these factors and on average varies between 2-6 percent of the market price of vehicles.

✔ CASCO with franchise.

The deductible in the CASCO insurance contract assumes that upon the occurrence of an insured event, the car owner is obliged to bear certain expenses independently. The franchise can be established in two types:

When the amount of the deductible under no circumstances will be compensated to the owner of the policy (with a deductible of 20,000 rubles and the amount of damage of 25,000 rubles, the owner will be compensated only 5,000 rubles).
When compensation is paid in full, if the damage caused as a result of an insured event amounted to more than the amount of the deductible (with a deductible of 20,000 rubles and the amount of damage of 30,000 rubles, the owner has the right to receive compensation in full in the amount of 30,000 rubles).

The type of franchise is necessarily fixed in the contract. The presence of such a condition for the client reduces the cost of paying for the policy, and saves the insurer from significant expenses for examination and other procedural issues in case of damage for small amounts.

✔ What the insurance company will not pay for under CASCO.

The list of insured events for which the owner of the vehicle can subsequently receive compensation must be strictly specified in the contract. The absence of one or another type of damage in the contract is the basis for the insurance company to refuse to provide payment. In addition, additional conditions may be specified, upon the occurrence of which the payment will also not be paid, which include general rules for refusal of payment.

✔ Payments for wear and tear of parts.

The amount of compensation for voluntary car insurance may include the loss of the total marketable value of the car due to damage to parts and components of the vehicle. Thus, repairing one or another part of a car often entails the loss of its original performance characteristics and appearance, while the market value of all transport decreases. For this, a compensation payment may be made, among other things.

✔ Car wear and tear.

Wear and tear of a car means the loss of its original characteristics, both external and mechanical, as a result of which the cost of the car and its spare parts decreases. The law sets a maximum wear limit of 50% of the original cost of a spare part or vehicle part. This indicator affects the amount of compensation payment. The higher the wear and tear of a particular part, the lower the insurance payment the car owner will receive.

Every Russian motorist can insure his car against various risks. There is compulsory insurance - OSAGO and voluntary - CASCO. Read more about the laws governing the issuance of a voluntary policy and the rules and conditions for obtaining it in this material.

Insurance legislation

The purpose of car insurance is receiving compensation in the event of an accident, damage, theft, or damage to a car during a natural disaster. regulate several regulatory documents, a list of which is given below. Today, there is no separate law regulating the rules and conditions of voluntary insurance.

Did you know? The lowest CASCO rates are set in Switzerland - approximately 2.5% of the cost of the car. This is explained by the high driving culture - the frequency of insurance cases in the state is 40–60%, while in Russia it is about 75%.

Regulatory documents governing CASCO insurance

In 2019, voluntary insurance is regulated by several laws and official documents. These include:

Federal Law “On the Protection of Consumer Rights” (No. 2300-1 of February 7, 1992);
Federal Law “On the Organization of Insurance Business” (No. 4015-1 dated November 27, 1992);
Resolution of the Plenum of the Supreme Court of the Russian Federation “On the application by courts of legislation on voluntary insurance of citizens’ property” (No. 20 of June 27, 2013);
Civil Code of the Russian Federation (dated January 26, 1996), Part 2, Art. 943.

The listed regulatory legal acts enshrine and explain the concepts of “insurance risk”, “sum insured”, “insurance compensation”, specify the rights and obligations of the insured and the insurer, as well as other conditions of car insurance. In addition, each insurer prescribes and approves its own set of rules and conditions. The policyholder accepts them when he signs the contract.

Current changes

Of the listed legislative acts, the Law “On the Organization of Insurance Business” was subject to adjustment. The document was edited in July 2018. Requirements for the size of the authorized capital of insurance companies (IC) have also been introduced. The following amendments and additions have been made to it:

A ban has been established on insurers conducting other types of activities not related to insurance.
The procedure for obtaining licenses to carry out insurance business has been adjusted.
Amendments to the procedure for issuing and refusing to issue a license by the Bank of Russia are indicated.

Terms and Conditions

The terms and conditions of CASCO insurance are specified in the agreement concluded between the policyholder and the insurer. Before signing it, you should read the document in detail. You can also preview the conditions on the website of the insurance organization from which you plan to purchase the policy.

Did you know? In England, a driver who has driven for 20 years without a single accident can subsequently qualify for free insurance.

The policyholder can choose different insurance options. For example, complete, which covers risks from all possible risks, or partial, when, for example, only insurance against, or only against a natural disaster, or only against theft is selected. The rules prescribe the procedure for action in the event of an insured event, options for obtaining compensation, rights and the obligations of the insurer and the policyholder, the circumstances under which payments are not made.

The insurance conditions of different insurers usually differ insignificantly. But there are, for example, such nuances when the insurance company allows the driver of the insured vehicle (vehicle) to independently choose a car service in which to carry out repairs, or offer the choice of doing this at a service station with which an agreement has been concluded.

When concluding an agreement, you should pay attention that different insurance companies may have different deadlines within which to notify about the occurrence of an insured event, write a statement and provide documents. For example, the Rosgosstrakh company requires this to be done within three days, RESO - within one day. AlfaStrakhovanie provides clients with 5 days.

You can often find that insurers write out various exceptions under which damage is not compensated. For example, Alfastrakhovanie does not pay money for the repair of roofs and glass hatches, Rosgosstrakh refuses to compensate for damage if the car was stolen due to the negligent actions of the owner, RESO does not reimburse repair services for tires and wheels.

Video: how to choose an insurance company

Payments under CASCO

Unlike MTPL, CASCO covers damage caused only to the vehicle. The following cases serve as grounds for compensation:

the car was damaged as a result of an accident;
the car was completely disabled after the accident;
vehicles drove into water or fell from a cliff;
the damage was caused by a natural disaster;
the vehicle has damage caused by third parties;
the car was stolen or was subjected to a robbery.

Car insurance involves concluding an agreement that contains a description of all the risks against which the vehicle is insured. Unlike compulsory motor liability insurance, rates are set by the insurer and are not regulated by government agencies. are calculated for each car and insured event individually. They depend on the prices for parts and repair services, the amount for which the vehicle is insured, and the terms of the agreement. Maximum value payments cannot exceed the market value of the vehicle.
You can pre-calculate the amount of compensation by using one of the online calculators on the Internet. The policyholder can choose 2 ways to compensate for damage: paying for car repairs or issuing funds for its restoration.

Important! In order to expect to receive the maximum amount of damage, the policyholder should strictly adhere to the scenario of how to act in the event of an accident or collision with an obstacle, and promptly provide a complete package of documents to the insurer.

Refusal to pay compensation

There are several cases where damages will not be compensated. These include the following situations:

if the car is damaged in a way that is not included in the insurance contract;
documents for payments were submitted untimely;
the request for compensation is supported by an incomplete package of documents;
if the policy was purchased in installments, the policyholder made payments untimely and irregularly;
during a traffic accident that led to damage to the vehicle, the driver violated traffic rules or got behind the wheel of a faulty car;
the car was repaired before the vehicle was presented to the insurer for inspection;
inaccurate information was provided regarding the causes of the accident;
at the time of the accident the driver was drunk or under the influence of drugs;
Damage to vehicles was caused intentionally by the owner.

Insurance companies also refuse to pay compensation if:

it has not been established which person caused the damage;
at the time of the accident, a driver who was not included in the insurance policy was driving;
the car does not have a diagnostic card;
the car is wanted.

Important! The Law “On the Protection of Consumer Rights” stipulates that the period for payment of compensation for an insured event cannot exceed 45 days. One day of delay when going to court will result in an addition of 1% of the amount of compensation to the amount.

A list of all situations in which the insurance company will not compensate for damage must be specified in the contract. If the insurer considers it necessary to refuse payments, it must notify the policyholder in writing and provide arguments. Having such a document in hand, the driver of the insured car can challenge this decision in court.

What affects the cost of CASCO?

The price of the policy is approved and calculated by the insurance company independently. The cost depends on several factors:

insurance option (full or partial);
what method of compensation has been chosen - in the form of payments or repairs;
how old is the driver and how much driving experience does he have;
an aggregate or non-aggregate payment amount is selected;
positive or negative insurance history of the driver;
whether the policy is taken with a deductible or not;
whether the full cost of the policy is paid or is it taken out in installments;
how often the make and model of the car that is insured is stolen;
for what period is the contract concluded?

Video: CASCO price

You can reduce the cost of your policy, for example, by installing a modern alarm system on your car. This will significantly reduce the risk of theft. Insurance will also be cheaper for those drivers who have not been involved in an accident for a year or more. The cost of a CASCO policy for Russian car owners is 6–40% of the price of the car.

Today, there is no separate federal law regulating the rules and conditions of CASCO insurance. In case of disputes and disagreements regarding voluntary insurance, you should be guided by a number of other documents listed above. Insurers set tariffs for policies and the amount of insurance payments independently; they are not regulated by regulations.

CASCO - voluntary car insurance against damage and theft. There is no special law dedicated to CASCO insurance.

Each insurance company has developed its own tariffs, conditions and “CASCO Rules”, based on the provisions of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), the current editions of the Laws dated November 27, 1992 N 4015-1 “On the organization of insurance business in the Russian Federation” and dated February 7. 1992 N 2300-1 “On the protection of consumer rights”.

Additions and changes are made “along the way”, due to the conditions of the auto insurance market.

Payments under CASCO

The general rules for insurance payments under voluntary insurance contracts were approved by Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 27, 2013 N 20 “On the application by courts of legislation on voluntary insurance of citizens’ property.” Including explained:

If the insurance company wrongfully refuses to pay compensation to the direct owner of the car, it may be fined. And even must compensate the beneficiary for moral damages. If the court satisfied the demands of the policyholder in connection with the violation of his rights, a fine in the amount of 50% of the amount awarded by the court in favor of the consumer is collected from the insurer in favor of the policyholder (Article 13, paragraph 6 of the Law of February 7, 1992 N 2300-1).
For each day of delay in payment when settling a CASCO loss through the court, the insurer pays the policyholder 1% of the amount of the insurance payment.
To the Code of Administrative Offenses amendments are being prepared on fines for insurers. For violation of the terms for consideration of the application, unjustified refusal to pay or underestimation, a fine of 1-2 million rubles is proposed. For illegal refusal to conclude a contract or imposition of additional services - a fine of 3-4 million rubles. A fine of 500,000-700,000 rubles is provided. for refusal, untimely or incomplete provision of information on comprehensive insurance and compulsory motor liability insurance agreements to the Russian Union of Auto Insurers.
An unlawful refusal to pay is considered to be the case if the vehicle owner forgot the keys in the ignition or registration documents in the car and the vehicle was subsequently stolen.
It does not matter who was driving the car at the time of the accident. If the driver was driving legally, then he is subject to the rules of voluntary motor vehicle insurance as an insured. This means that the paid amount of insurance compensation cannot be recovered from him in the manner of subrogation provided for in paragraph 1 of Article 965 of the Civil Code of the Russian Federation.

USEFUL TO KNOW!
If the amount for restoration repairs is more than 70% -75% of the value of the car at the time of the accident, the car is considered completely structurally lost (“total”). In this case, the amount of payments is often significantly underestimated by the insurance company by deducting depreciation (at the rate of about 18% per year) and the cost of the usable remains of the car.

It is best for the insured to exercise his legal right to refuse good balances in favor of the insurance company (abandonment, in accordance with Article 10, paragraph 5 of Law No. 4015-1 of November 27, 1992) and receive an insurance payment in the amount of the full insured amount.

Refusal to pay under CASCO

If it refuses to recognize the case as insured, the insurer issues to the insured

written refusal of insurance payment (can be later challenged in court);
justification for calculating the amount of insurance payment.

The list of grounds for refusal of insurance payment is in the insurance rules, which are an integral part of the insurance contract (clause 1 of article 943 of the Civil Code of the Russian Federation; clause 3 of article 3 of the Law of November 27, 1992 N 4015-1).

Additionally, you need to know that the commission of a traffic accident as a result of driving vehicle in a state of intoxication in violation of clause 2.7 of the Traffic Rules is the basis for releasing the insurer from fulfilling its obligations to pay insurance compensation for the risk of “damage from an accident” (Article 963, clause 1 of the Civil Code of the Russian Federation).

Underestimation of payments by insurance companies in case of accidents under CASCO

Often, insurance companies seek to reduce the amount of payments.

1. By excluding some damaged elements of cars that are not listed in the traffic police certificate.

You will have to fill out an application for “additions to the explanation of the accident” in order to add damage to the car. Or insist on a technical examination of the car by the insurance company;

2. Based on the conclusion of an expert or a staff member of the insurance company that the cost of repairs is overstated.

If the policyholder paid for the car repairs himself, the insurer is obliged to compensate the car owner for losses.
If the policyholder asks to make an insurance payment based on the calculation of an independent examination, and the insurance company has its own expert opinion, then when the case is resolved in court, a final examination of the car will be assigned - a forensic examination.

3. When interpreting the definition of “market price” of a car.

It is better to clarify immediately, when signing the contract, how the price is calculated).

REFERENCE. In order to protect your rights against unlawful actions of the insurance company, you can complain to the regulatory and supervisory authority - the Insurance Market Department of the Bank of Russia (Article 4.1, paragraph 1.7 of Law No. 4015-1 dated November 27, 1992; Information from the Bank of Russia dated February 28, 2014 “On the abolition Bank of Russia Financial Markets Service").

Insurance options - which is better?

The choice of insurance option depends on the needs of the car owner. Conventionally, two types can be distinguished.

Full CASCO– insurance against theft and damage; often equipped with additional options, for example, survey services (arrival of an emergency commissioner, assistance in preparing documents for an accident; inspection of a damaged car at the scene of an insured event, collection of necessary certificates, etc.).

It is beneficial for owners of expensive cars who have entered into an insurance contract for a large insurance premium.

Partial CASCO– the car is insured only against damage.

This option allows you to save on the price of the policy. Especially if the brand of the insured car is not classified as stolen, the car is equipped with a reliable alarm system and is stored in a safe parking lot.

What affects the cost of CASCO

The insurance company sets tariffs for CASCO independently, using its own correction factors developed on the basis

statistics of accidents and thefts,
cost of spare parts,
work at service stations in the area.

On average, the cost of a CASCO policy is 5-10% of the cost of the car. Key parameters influencing the price of insurance include:

1. Terms of the agreement.

Duration of the policy (annual is cheaper than concluded for a shorter period).
Installment payment (agreement with one-time payment insurance premium- cheaper).
A set of risks and additional services included by the policyholder in the insurance contract. More points - higher price.
The higher the share of losses approved by the insured that is not compensated as a result of damage (deductible), the lower the price of the policy.

2. Car data.

Make, model, class of car (the calculation of damage insurance takes into account average cost repair; insurance is higher for brands that are often stolen according to statistics).
Year of manufacture of the car (the older, the more expensive the insurance).
The presence of effective anti-theft systems reduces the cost of the policy.

3. Driver information.

Driver's age (up to 21 years and after 65 years - an increasing factor is applied).
If you have an accident-free driving history, reduction factors are often applied.

4. “Brand” of the insurance company. You can often find interesting price offers from reputable organizations.

Who is suitable for CASCO with franchise?

Serious insurance companies offer to use a deductible (a pre-agreed portion of losses that is not subject to insurance compensation), Article 10, Clause 9 of the Law of November 27, 1992 N 4015-1, as a percentage of the insured amount or in a fixed amount. May be

Conditional. If the amount of damage is less than the deductible amount fixed in the contract, the beneficiary receives nothing. If more, the insurer pays compensation in full.
Unconditional. The insurance payment is determined as the difference between the amount of the loss and the amount of the deductible.
Dynamic. The more insured events during the term of the contract, the lower the payment amount.

The franchise should be taken by experienced and careful drivers who understand the mechanism of its application and are ready to independently pay for the repair of minor damage to the car.

Special offers for CASCO

Each insurance company also has a number of special offers designed for certain categories of policyholders. Insurance for them will cost less, because... based on different constraints and priorities.

Most often, preferential packages are offered to owners:

new cars;
cars on credit or pledged to the bank;
certain car models and brands;
expensive cars;
vehicles equipped with certain anti-theft systems.

Saving on CASCO policy

Rising prices and the economic crisis are forcing insurance companies to offer “lighter” versions of the insurance contract. Among them:

inclusion of a franchise;
limiting the amount of coverage and the number of risks at the choice of the policyholder;
introduction of telematics (satellite monitoring of transport). Allows you to set an individual tariff, depending on your driving style. The data is transmitted by a special device installed for a “trial period” in the policyholder’s car.