Federal law on hull insurance. Federal law on hull insurance. When can a company refuse to pay?

Driving experience and statistics If the driver has solid driving experience, and at the same time he rarely gets into emergency situations, he can be offered a similar cost at CASCO. "Name" of the insurer Reputable companies that have been operating in the Russian insurance market for a long time often offer their customers quite interesting price offers. Update of the law on CASCO in 2018 The cost of issuing a CASCO policy is calculated depending on the total cost of the car, spare parts and repairs. At the same time, it should be noted that earlier CASCO was a mandatory service for those cars that are bought in installments.

This means that it is impossible to recover the amount of insurance compensation paid from it in the manner of subrogation provided for in paragraph 1 of Article 965 of the Civil Code of the Russian Federation. USEFUL TO KNOW! "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 value of the car's usable remains.
It is best for the insured to use his legal right to refuse suitable balances in favor of the insurance company (abandon, in accordance with Article 10, clause 5 of the Law of November 27, 1992 N 4015-1) and receive an insurance payment in the amount of the full sum insured.

Casco insurance law in a new edition

In these cases, the refusal to pay compensation under CASCO is lawful and not subject to legal proceedings.

The commodity value of the car cannot be paid under any circumstances, which must be indicated in the drawn up contract.
The driver forgot the keys in the car or left the registration documents in it, and it was stolen. For this reason, insurers send refusals to pay to this day, but if you wish, you can always challenge the decision in court, having a 100% guarantee that the court will order the payment of compensation and, possibly, additional compensation.
Refusal to pay material damage in a situation where it was not possible to determine the culprit of the incident.

Casco rules

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

2.
Vehicle data.

Make, model, class of car (in the calculation of damage insurance, the average cost of repairs is taken into account; for brands that are often stolen according to statistics, insurance is higher).
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. Data about the driver.

Overview of Casco insurance law

Due to the presence of legislative regulation of the provision of this insurance service and normal competition in this service market, the conditions of various firms as a whole do not differ significantly. However, a number of different conditions can be found. So, for example, the insurance companies Rosgosstrakh and Reso offer the insured the opportunity to independently choose a service station for refurbishment, on the basis of which the calculation of damages is carried out.

The term for reporting a car theft is often different: Alfastrakhovanie obliges its customers to write a statement within 5 days, RESO - 1, Rosgosstrakh - 3. At the same time, all companies insist on notification in an accessible way before 24 hours have passed since the discovery of the fact of the theft of transport.
There may be different exceptions to insurance payments.

Basic provisions of the Casco law

Attention

It is worth noting that in the case of CASCO, this is the most popular reason why insurers refuse compensation to their clients. Here, the chances of challenging this fact depend on what specific insurance risk the company should pay for.

In most cases, it is basically impossible to prove your case, and if you miss the deadline, you will have to repair all the damage yourself.

The driver was not allowed to drive at the time of the incident. For example, he had an expired technical passport or driver's license, he was in a state of intoxication, he was taking some kind of medication, or he corresponded to a number of other similar reasons.

Insurance Law 2018

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

The damage was received as a result of a violation by the CASCO owner of the rules of the road, for which a punishment in the form of deprivation of rights follows (but can also be determined individually).
The accident was not properly documented.
Prior to the examination, the car owner independently eliminated the results of damage.
Due to the negligent actions of the owner of the vehicle (for example, forgotten ignition keys in the well or an unactivated alarm).
The machine was damaged by the owner during a wash or inspection, although not purposefully, etc.

A specific list is fixed in the contract.
Back to content ✔ CASCO cost.
In total, experts indicate three main groups of conflicts with insurance companies, the first of which includes situations involving a complete refusal to provide compensation. This group includes the following cases:

No insured event.
Quite often, insurance companies claim that in fact an accident or some other situation that the owner of the vehicle finds himself in is not an insured event, which is proved in the process of conducting an insurance examination. After that, accordingly, the client is denied at least some payment, but such manipulations can often be easily challenged in court in order to prove their right to receive payments.
The client missed the deadline for contacting the company to receive payment.

Casco law new edition of 2018 with comments

If the court fully satisfies the requirements of the client, which relate to a direct violation of his rights, a fine in the amount of 50% of the amount that was awarded by the court to the client must also be collected from the insurer in favor of the insured.

If the insurer fails to pay the compensation within the prescribed period, then the car owner has the right to regulate the problem situation through the court, demanding the payment of additional compensation equal to 1% of the indemnity amount for each overdue day. It should be noted that the total amount of the penalty cannot be more than 100%.
Amendments are going to be made to the Code of Administrative Violations that relate to fines for insurance companies.

The final cost of a voluntary auto 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.
Insurance payout amounts.
The presence of additional services in the insurance (auto lawyer, tow truck, etc.).
Having 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 within 2-6 percent of the market price of vehicles. Back to content ✔ CASCO with a franchise. The deductible in the CASCO insurance contract assumes that in the event of an insured event, the car owner is obliged to bear certain expenses independently.

Casco law new edition of 2017 with comments

Voluntary insurance is carried out on the basis of an insurance contract and insurance rules that determine the general conditions and procedure for its implementation. The insurance rules are adopted and approved by the insurer or the association of insurers independently in accordance with the Civil Code of the Russian Federation, this Law and federal laws and contain provisions on the subjects of insurance, on the objects of insurance, on insured events, on insurance risks, on the procedure for determining the sum insured, insurance rate , insurance premium (insurance premiums), on the procedure for concluding, executing and terminating insurance contracts, on the rights and obligations of the parties, on determining the amount of loss or damage, on the procedure for determining insurance payment, on the period for making insurance payment, as well as an exhaustive list of grounds for refusal in insurance payments and other provisions.
In what order disputes on CASCO are resolved, lawyers explain in the article at the link. What affects the price Each company can independently calculate its own tariffs for providing its customers with a CASCO policy, also setting its own correction factors. The latter can be developed on the basis of:

the cost of components for certain brands of cars;
statistics of thefts and accidents in specific regions;
the cost of work that is carried out at service stations in this region.

On average in Russia, the total cost of a CASCO policy rarely exceeds 10% of the price of the vehicle that the insured wants to protect, and most often ranges from 5% of its price.

The rules for car insurance under CASCO are enshrined in the procedures in force in the insurer's company. These include payments and a reason for refusing them.

Payouts

The acceptance of this document by the insured and the signing of the policy means that he agrees to conclude a contract on the terms of the insurer and undertakes to comply with them.

The first option includes both theft and damage insurance. The contract may also contain additional options, for example, the commissioner's visit to the scene of the incident, the collection of certificates, and so on.

The implementation of this Federal Law during wartime, during the period of mobilization, martial law is determined by other legislative documents of the Russian Federation.

Any clauses that conflict with the above documents may be challenged in court at any time.

The cost of CASCO is not a fixed amount and invariable conditions for each customer. It depends on many factors, thanks to which it is possible to choose the conditions individually for each client.

These factors are: driving experience of the owner of the car, year of manufacture, make, cost and model of the vehicle.

From January 21, 2014, the Federal Law of July 23, 2013 N 234-FZ paragraph 1. Update of Alfa-Insurance CASCO tariffs.

Laws and other regulatory documents on CASCO insurance.

In the current year, the cost of the policy is usually calculated based on the cost of the car, spare parts and repairs. Together with the issuance of a car loan, as a rule, a voluntary insurance contract is also concluded.

Since car prices have risen, and there has been a steady decline in car loans, the prices for CASCO are planned to be increased slightly. Insurance companies are looking for opportunities to reduce tariffs through the introduction of various additional mechanisms.

Since a special law on CASCO has not been adopted, insurers can find loopholes for themselves. But the insured does not remain unprotected.

If, for example, the terms of repair under CASCO are delayed for various reasons, the beneficiary has the right to act on the basis of the law "On Protection of Consumer Rights" and even go to court.

Federal Laws dated 12/01/2007, dated 07/21/2014 N 223-FZ)

(see text in previous)

e) trailers for cars owned by citizens;

(Item “d” was introduced by Federal Law No. 306-FZ dated 01.12.2007)

f) vehicles that do not have wheeled propellers (vehicles that use tracked, half-tracked, sledge and other non-wheeled propellers) and trailers for them.

(Item “e” was introduced by Federal Law No. 223-FZ of July 21, 2014)

4. The obligation to insure civil liability does not apply to the owner of a vehicle whose liability risk is insured in accordance with this Federal Law by another person (insured).

5. Vehicle owners who have insured their civil liability in accordance with this Federal Law may additionally voluntarily carry out insurance in case of insufficiency of the sums insured established by Article 7 of this Federal Law to fully compensate for harm caused to the life, health or property of victims, as well as in case of occurrence of liability not related to the insured risk under compulsory insurance (Item 2 of Article 6 of this Federal Law).

(as amended by Federal Law No. 49-FZ of March 28, 2017)

6. Owners of vehicles, the risk of liability of which is not insured in the form of compulsory and (or) voluntary insurance, compensate for the harm caused to the life, health or property of the victims, in accordance with civil law. In this case, the harm caused to the life or health of the victims is subject to compensation in amounts not less than the amounts determined in accordance with Article 12 of this Federal Law, and in accordance with the rules of this Article.

(As amended by Federal Law No. 223-FZ of July 21, 2014)

Persons who have violated the requirements established by this Federal Law for compulsory insurance of civil liability of vehicle owners shall be liable in accordance with the legislation of the Russian Federation.

7. The obligation to insure the civil liability of owners of trailers to vehicles, with the exception of trailers owned by citizens for cars, is fulfilled by concluding a compulsory insurance contract that provides for the possibility of driving a vehicle with a trailer to it, information about which is entered in the compulsory insurance policy.

(Clause 7 was introduced by Federal Law No. 223-FZ of July 21, 2014)

Looking at the endless number of voluntary motor insurance cases that domestic courts are filled with today, the need for the Law on Motor Vehicle Hull Insurance to be adopted, at least in 2015, involuntarily comes to mind. But how does this help, you ask? After all, even today, Russian courts do not make their decisions in a legal vacuum, they still rely on some legislative norms.

And how will another law help, will it speed up their work? The fact is that all cases related to CASCO are now decided on the basis of the wording of general civil legislative acts, and these same documents can be very different. One of the most important of them is the Civil Code (for example, it is from there that the figure is taken to calculate the payment of delays in CASCO).

What is CASCO and how are insurance rules regulated? The term CASCO can be generally defined as voluntary car insurance. This concept is not an abbreviation, but is a Spanish word, which in translation into Russian means "helmet".

This term is generally accepted and is used in many countries. CASCO as a separate type of insurance is not regulated by a separate law, as, for example, in the case of compulsory motor third party liability insurance.

The final cost of a voluntary auto 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.
Insurance payout amounts.
The presence of additional services in the insurance (auto lawyer, tow truck, etc.).
Having a franchise.
Accident-free driving under the previous policy, etc.

For a period of insurance up to a year, the client will probably have to pay extra.

The victim has the right to present directly to the insurer a claim for compensation for harm caused to his life, health or property, within the sum insured. An application of the victim, containing a claim for an insurance payment, with documents attached to it on the occurrence of an insured event and the amount of damage to be compensated, is sent to the insurer at the location of the insurer or its representative authorized by the insurer to consider the specified claims of the victim and make insurance payments.

Within a month, after registration of all documents. Usually. I was hooked - January 4, 2009, I received the payment on February 25, 2009. You need to carefully look at the documents: I was “chased” twice to the traffic police to redo the documents, then they missed one, then the second. Don't worry. And that OSAGO, that CASCO - one procedure! Good luck!

According to the law, within 30 days from the date of submission of all necessary documents, the documents are reviewed and the insurance payment is made. Only some insurance companies make payments at different times. from a month to several months.

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

Attention

Insurance compensation

You can demand... but I haven’t heard in my region yet that even CASCO would be paid to someone by insurance companies, let alone OSAGO ...

A 50% fine in consumer protection cases is collected not in favor of the consumer, but in favor of the state, the only thing that is good about STD cases is that you do not have to pay a state fee when going to court.

More precisely, you can try to recover from the insurance company 50% of the amount in your favor on the basis of the decision of the Supreme Court of the Russian Federation, another thing is that the judicial practice has just begun to change on this issue and not all judges are guided by it when making a decision, but “break” it possible and necessary!

You can demand anything, but will the court satisfy your demand???? Indeed, now the courts apply the consumer protection law to a voluntary insurance contract, that is, to CASCO. There is no practice of applying the law on consumer protection to the OSAGO agreement yet.

of course have

under the OSAGO policy - 30 days, see the Federal Law "On OSAGO" for CASCO - read the contract (insurance rules) it is indicated there, and if not indicated, then 7 days. If you are delayed with payment, write a claim, and then sue 🙂 Good luck to you!!

Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" Article 13. Insurance payment 1. The victim has the right to present directly to the insurer a claim for compensation for harm caused to his life, health or property, within the sum insured.

An application of the victim, containing a claim for an insurance payment, with documents attached to it on the occurrence of an insured event and the amount of damage to be compensated, is sent to the insurer at the location of the insurer or its representative authorized by the insurer to consider the specified claims of the victim and make insurance payments.

READ ALSO: Briefly about the accounting law

The location and postal address of the insurer, as well as all its representatives in the constituent entities of the Russian Federation, means of communication with them and information about their working hours must be indicated in the insurance policy. 2. The insurer considers the application of the victim for insurance payment and the documents attached to it provided for by the rules of compulsory insurance within 30 days from the date of their receipt.

Within the specified period, the insurer is obliged to make an insurance payment to the victim or send him a reasoned refusal to make such payment. In case of failure to fulfill this obligation, the insurer shall pay to the victim a penalty (penalty) for each day of delay in the amount of one seventy-fifth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day when the insurer was supposed to fulfill this obligation, from the sum insured established by Article 7 of this Federal Law by type compensation for harm to each victim.

The amount of the penalty (penalty) payable to the victim may not exceed the amount of the sum insured according to the type of compensation for harm to each victim, established by Article 7 of this Federal Law. Until the full determination of the amount of the damage to be compensated, the insurer, at the request of the victim, has the right to make a part of the insurance payment corresponding to the actually determined part of the specified damage.

By agreement with the victim and on the terms stipulated by the compulsory insurance contract, the insurer shall have the right to organize and pay for the repair of damaged property on account of the insurance payment. (Clause 2 as amended by Federal Law No. 306-FZ of December 1, 2007) (see the text in the previous edition) subject to the requirements of paragraph 1 of Article 12 of this Federal Law.

For OSAGO, see FEDERAL LAW ON COMPULSORY INSURANCE OF CIVIL LIABILITY OF VEHICLE OWNERS Article 13. Insurance payment 1.

CASCO payments are made based on the insurance contract. Tariffs and payment terms are regulated by Supreme Court Resolution No. 20 of June 2013.

The same documents describe fines for non-fulfillment of obligations by the insurance company and compensation for non-pecuniary damage.

Also, if, as a result of a violation of consumer rights, the court decides to pay a certain amount for causal inconvenience, then in addition to this amount, the insurer will also pay half of it in the form of a fine.

For violations related to delaying the consideration or unreasonable refusal to pay the due compensation, the insurance company may be fined from 1 to 2 million.

If a representative of an organization providing insurance services, without good reason, refuses to conclude an agreement or agrees to execute it only if it includes an additional services, then when filing a complaint with the Union of Russian Insurers, you can get the company fined in the amount of 3-4 million.

Upon the occurrence of an insured event, the insurance company is obliged to make a payment or take actions that contribute to the repair within 20 calendar days from the date of filing the application.

The quality of the repair and the timing of its implementation is also taken under control by the insurer.

In case of non-compensation, penalties are charged in the amount of one percent of the debt amount for each day.

When can insurance claims be denied?

If by law, you can get transit insurance to go to the place of inspection. For 20 days for 20% of the cost of the annual policy. PS: If you are the owner of a car and removed it from the register, for example, for sale, then if you have insurance with an unexpired period, then it is valid until the owner of the car changes or its term expires.

If you bought a car, then the new owner has 10 legal days to issue insurance, when you can drive under the DKP and PTS. But the risk of an insured event remains. Then you can also take out transit insurance, and after receiving a diagnostic card, you can get permanent insurance and register the car.

no way. now they don’t insure without MOT, but MOT is now done by the insurance company itself

you go to Rossgostrakh and they will write out insurance there and give you a coupon and a referral - you can go and register !!

There is a so-called. "Transit OSAGO", for a period of 20 days

Technical inspection coupons - they haven’t been issued anywhere for a long time, they were canceled altogether - LEGAL!!!

Sometimes, when an insured event occurs, the company refuses to pay the car owner. At the same time, he is given a justification for the calculations and a written refusal.

As already mentioned, there is no adopted law on CASCO, but other laws regulate this issue so that the insurer may refuse to pay the owner of the car if he committed an accident while intoxicated. According to the laws, he must cover all the damage himself.

Refusal to pay, for one reason or another, must always be accompanied by documentary evidence. The legislation provides for the possibility of challenging the decision of insurers in court.

The list of reasons for refusal is also regulated by the Civil Code of the Russian Federation. Namely, in Art. 943 states that all possible reasons for refusing to recognize the case as insurance should be spelled out in the contract between the insurance company and the insured person.

Examples

The legal basis for refusing to pay compensation for the risk provided for in Art. 963 of the Civil Code "Damage from an accident", is the presence of the driver at the time of the accident in alcohol or drug intoxication.

It is illegal to refuse payment for theft if the driver forgot the keys and documents in the passenger compartment of the vehicle before the fact of the offense.

In an effort to increase their own benefit, insurance companies do not always pay compensation promptly and in full. In principle, all disputes with insurers are conditionally divided into three groups, the first includes a categorical and complete refusal to pay when an insured event occurs. This happens if:

The insurer does not agree with the occurrence of an insured event. He believes that the damage to the car was received in some other way, and not described in the statement. At the initiative of the insurance company, an examination may be carried out confirming that there was no insured event. Its results can be challenged in court and prove your right to receive compensation.
The insured contacted the insurance company too late, having missed the deadline set for this. In the case of OSAGO, this trick does not work, since the law clearly states that this is not a basis for exempting the insurer from payment, but in the case of CASCO, this is a fairly common reason for refusal. However, it can be recognized as valid only if the late appeal to the insurance company affected the degree of the insured risk, in all other cases the insurer will have to fork out.
The driver did not have the right to drive this vehicle or was under the influence of alcohol or drugs at the time of the accident. There is nothing you can do here, the company is right, in this case CASCO is really not paid.
The loss of the commodity value of the car is also not compensated, be prepared for this even before signing the contract.
The driver left the keys or registration documents in the car. In this case, the insurer may refuse to compensate for losses at the risk of "hijacking", this issue will need to be resolved in court.
The person who damaged the car has not been identified. Sometimes the company refuses to pay if the culprit of the damage is not found - for example, at night someone painted plenty on the side of your iron swallow with a nail, and who it was - look for wind in the field. But remember, if the damage is documented, the company has no right to deny you a refund.
According to the insurer, the car has malfunctions, which caused the accident. In this case, the insurer will have to work hard to prove his case, from the point of view of the law, by default the rights of the policyholder.
The insurance company believes that damage to the car is the result of wear and tear or improper operation. Such a development of events is possible if the insurer interprets these terms too loosely, and meanwhile, their definition is clearly spelled out in the specialized literature.
The driver left the scene of the accident. The company has the right not to pay in such a case only if the driver's leaving the scene of the accident led to an increase in the degree of the insured risk.

In addition, the insurance company may underestimate the amount of the insurance payment or delay the compensation period. All these cases are also completely resolved in court.

Insurance compensation

There is a Resolution of the Plenum of the Supreme Court dated June 27, 2013 number 20. On its basis, the insurance payment is made. The document contains various provisions, including the following.

If the court decides to satisfy the requirements of the car owner, then a fine will be imposed on the company - 50% of the amount that the court awarded to the beneficiary.

For each day when the payment term for CASCO is overdue by law, the insurance company is obliged to pay the insured 1% of the total insurance payment.

A few words can be said about the prospects. Currently, amendments are being prepared to the law on CASCO insurance regarding fines for insurance companies.

It is supposed to recover from 1 to 2 million rubles for an unlawful refusal or understatement of payment, and from 3 to 4 million rubles for imposing additional services.

It also happens that the insurer refuses to pay insurance to the car owner. Then he issues a written refusal, as well as a justification for the calculation.

The law on CASCO, as we found out, has not been approved, but the provisions in the insurance rules, the Civil Code of the Russian Federation, and the law of November 27, 1992, contain a list of grounds for refusal.

Legislation (in particular, the Decree of the Supreme Court of the Russian Federation No. 20 dated June 27, 2013) defines the rules for payments under a voluntary insurance contract. This document provides the insured with a means to protect against illegal actions of the insurer:

the car owner has the right to go to court on controversial issues. If he is proven right, he, in addition to the due payment, will receive another 50% of it - the respondent insurance company will be fined for this amount;
if the court determines that the payment was not made on time, the amount will increase by 1% for each day of delay;
illegal refusals to draw up a contract, payment or untimely consideration of applications can lead to large fines against the insurer.

By law, the insurance company does not have the right to refuse payment to a car owner who has forgotten documents or keys in the cabin. But such a clause can be included in the terms of the contract - in this case, the insurance company will not give money.

The insurer has 20 days to pay out. During this time, he is obliged to either compensate for the damage in monetary terms, or issue an appropriate referral to the service station. The insurance company is responsible for the failure to complete the repair work or its inadequate quality.

There are two forms of insurance: voluntary and compulsory. The definitions of the concepts of insurance risk, sum insured, insurance indemnity are fixed. The procedure for licensing insurance companies is established.

A separate chapter highlights the rules on the insurance contract. It is determined that the insurance contract comes into force from the moment the insured pays the first insurance premium, unless otherwise provided by the contract or law.

The manager of OJSC Rosgosstrakh recorded this event by telling me the case number (No. 3991369).

CASCO insurance payments are made on the basis of the relevant Resolution of the Plenum of the Supreme Court of Russia. The provisions include the following:

if the insurance company does not pay compensation to the client, it can be fined, and the client also has the right to compensation for moral damage. If the interests of the car owner are satisfied, the insurance company will be fined in the amount of 50 percent of the amount that was awarded by the court to the other party;
for each day of delay according to the law on payments according to CASCO, the company must pay the client a percentage of the entire amount of insurance.

Law on Voluntary Vehicle Insurance

In the first case, insurance is provided in case of theft and damage. The following items may also be included in the contract:

Departure to the scene of an accident by a specialist;
collecting the necessary papers, etc.

Partial insurance covers the car only against possible damage. In terms of cost, it will be much cheaper. It is especially true in cases where the car does not belong to the category of often stolen and is equipped with a good alarm.

In this case, the law means Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” No. 40-FZ dated April 25, 2002.

How does CASCO work abroad?

before the first post

may not do

positively

of course have

In accordance with the agreement, most often the policy is valid only on the territory of the Russian Federation, but if desired, it can also be extended to the CIS, the European Union and Europe. If you do not know what conditions are specified in your insurance, you can be sure with a high degree of probability that your CASCO does not work abroad, otherwise this would inevitably affect the cost of the policy.

The extension of the coverage area of insurance can be carried out for almost any period, ranging from a few days to a year - that is, the duration of the entire policy. Since this directly affects the price of the contract, adequately assess how much you need this service at all. If you are going to often make road trips to countries near and far abroad - this is one thing, but if you want to expand the policy "just in case" - once again weigh the pros and cons.

The above described a number of not the most pleasant cases when the insurer tries to cheat and save on payment. This will not happen if you approach the choice of an insurance company responsibly - for example, using the services of the Insuri network. Our site contains the most reliable insurers who have earned an excellent reputation and good name. Work with the best and you will be better.

Do you want to find a reliable insurance agent, but don't know how to do it? Read our next article: “Looking for an insurance agent!”

Due to the absence of a law that would regulate the pricing of insurance, each company sets its own rates. In this case, coefficients are used that are developed according to the cost:

spare parts;
accident statistics;
statistics of thefts of a particular model;
service stations in a particular region.

The CASCO insurance policy, as a rule, is 5-10 percent of the cost of the car. Its cost is determined by such factors:

conditions according to the contract;
vehicle characteristics;
insurance company services;
owner data.

The cost depends on the duration of the contract. So, it can be valid for a year or less. It often prescribes installment payments, risks and additional services. The more options in the contract, the higher the cost of insurance.

The following is also very important:

class and brand of car;
Production year;
the presence or absence of anti-theft systems;
driver experience and driving quality.

Full CASCO

Assumes a more extended list of insured events and large payments.

Also, for owners of a full package of insurance, the following services are provided:

departure of a specialist from the insurance company to the place of the accident;
inspection of damage on site;
assistance in paperwork in connection with the accident.

Partial CASCO

It does not protect the owner of the car from theft and costs an order of magnitude cheaper than a complete set.

In these cases, the refusal to pay compensation under CASCO is lawful and not subject to legal proceedings.

The commodity value of the car cannot be paid under any circumstances, which must be indicated in the drawn up contract.
The driver forgot the keys in the car or left the registration documents in it, and it was stolen. For this reason, insurers send refusals to pay to this day, but if you wish, you can always challenge the decision in court, having a 100% guarantee that the court will order the payment of compensation and, possibly, additional compensation.
Refusal to pay material damage in a situation where it was not possible to determine the culprit of the incident.

If the court fully satisfies the requirements of the client, which relate to a direct violation of his rights, a fine in the amount of 50% of the amount that was awarded by the court to the client must also be collected from the insurer in favor of the insured.

If the insurer fails to pay the compensation within the prescribed period, then the car owner has the right to regulate the problem situation through the court, demanding the payment of additional compensation equal to 1% of the indemnity amount for each overdue day. It should be noted that the total amount of the penalty cannot be more than 100%.
Amendments are going to be made to the Code of Administrative Violations that relate to fines for insurance companies.

include the Federal Law “On Compulsory State Insurance of Life and Health of Military Personnel and Persons Equal to Them in Compulsory State Insurance”. This law determines the procedure and conditions for the implementation of compulsory state health and life insurance for the following categories of insured persons:

The implementation of this Federal Law during wartime, during the period of mobilization, martial law is determined by other legislative documents of the Russian Federation.

Law on CASCO. Is there a single law?

Since the acquisition of such a policy is a purely voluntary and individual matter, each insurer himself develops programs, conditions and tariffs for CASCO. It can be said that each company has its own local laws.

However, the rights of the insured can be protected by our civil legislation and the Law on the organization of insurance business in the Russian Federation, since any legal entity is obliged to act within the framework of the law and the Constitution.

Law on CASCO

There are a number of cases in which you will be denied payment under the CASCO policy on grounds that do not contradict the laws of Russia and are prescribed in the CASCO agreement you signed.

Some of these decisions can be challenged in court and even won. In addition, all the subtleties and details of payments and compensation for CASCO must be spelled out in your insurance contract.

In addition, in accordance with the new legislation, starting from the winter of 2014, insurance companies will have to abolish CASCO payments and leave only one measure in case of an insured event - vehicle repair.

Law on CASCO insurance

Any clauses that conflict with the above documents may be challenged in court at any time.

The cost of CASCO is not a fixed amount and invariable conditions for each customer. It depends on many factors, thanks to which it is possible to choose the conditions individually for each client. These factors are: driving experience of the owner of the car, year of manufacture, make, cost and model of the vehicle.

Law of the Russian Federation of November 27, 1992 N 4015-I - On the organization of insurance business in the Russian Federation - (as amended)

A separate chapter highlights the rules on the insurance contract. It is determined that the insurance contract comes into force from the moment the insured pays the first insurance premium, unless otherwise provided by the contract or law.

Changes in the legislation on CASCO

What is taken into account when drawing up a contract, what insurance options exist, what is a franchise, features of the CASCO insurance law in 2014, and what to expect from auto insurance in 2015, you will learn more by reading the article.

It is clear that the issue of possible theft is not relevant for any car. Some motorists use reliable paid parking lots. In this case, the vehicle is not subject to encroachment by thieves.

CASCO insurance rules - read the contract carefully!

Before insuring a car for hull insurance with a calculator at the selected insurance company, do not rush. The fact is that insurers are unlikely to offer you ways to save money, besides, there will certainly be many “pitfalls” in the contract that you will not notice. Brokers, on the other hand, never hide such information from their clients, offering different Casco options from several insurers. By the way, you can also familiarize yourself with the rules of motor hull insurance at a brokerage firm.

Insurance rules

The main provisions of the rules include sections containing information: on the rights and obligations of both parties; on the conclusion, termination, term of the insurance contract; about sums insured, tariffs, payment procedure and about many, many other conditions of insurance. The acceptance of this document by the insured and the signing of the policy means that he agrees to conclude a contract on the terms of the insurer and undertakes to comply with them.

Voluntary automobile insurance in our country has undeservedly little development. This is primarily due to the higher cost of insurance compared to mandatory, as well as the low level of knowledge of motorists in this area of insurance. Let's figure out what CASCO is, what acts regulate it, how much it costs, what compensates and how the payment procedure is carried out.

○ What is CASCO and how are insurance rules regulated?

The term CASCO can be generally defined as voluntary car insurance. This concept is not an abbreviation, but is a Spanish word, which in translation into Russian means "helmet". This term is generally accepted and is used in many countries.

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

However, this does not mean that the legislator has left all CASCO issues at the mercy of insurers. There are a number of legal acts that the procedure for issuing CASCO and payments for this type of insurance must comply with. Among them:

Civil Code (Chapter 48).
law on the organization of insurance business.
Rules of insurance (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 law, directly applies to it.

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

○ Basic CASCO rules.

The basic rules for issuing and paying out under a voluntary car insurance policy are fixed in the relevant procedures of insurance companies, and those, in turn, are based on business practices and general norms of the Civil Code.

✔ CASCO payments.

The main rules for making payments include:

The presence of a properly executed policy, the validity of which has not expired at the time of the insured event.
Any incident must be documented and confirmed (whether it is 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 (this is indicated in the contract).
There are limits on compensation (directly dependent on the cost of the policy).
The policyholder did not act to prevent the claim for compensation (for example, intentionally causing damage to the insured car).
The amount of the due payment is determined by the expert after a series of studies and calculations.

✔ Refusal to pay for CASCO.

The damage was received as a result of a violation by the CASCO owner of the rules of the road, for which a punishment in the form of deprivation of rights follows (but can also be determined individually).
The accident was not properly documented.
Prior to the examination, the car owner independently eliminated the results of damage.
Due to the negligent actions of the owner of the vehicle (for example, forgotten ignition keys in the well or an unactivated alarm).
The machine was damaged by the owner during a wash or inspection, although not purposefully, etc.

A specific list is fixed in the contract.

✔ CASCO cost.

The final cost of a voluntary auto 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.
Insurance payout amounts.
The presence of additional services in the insurance (auto lawyer, tow truck, etc.).
Having 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 within 2-6 percent of the market price of vehicles.

✔ CASCO with a franchise.

The deductible in the CASCO insurance contract assumes that in the event of an insured event, the car owner is obliged to bear certain expenses independently. There are two types of franchises:

When the amount of the deductible under no circumstances will be compensated to the policy holder (with a franchise of 20,000 rubles and a loss 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 exceeded the deductible amount (with a deductible of 20,000 rubles and a loss 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 mandatory fixed in the contract. The presence of such a condition for the client reduces the cost of the policy fee, and the insurer saves from significant expenses for examination and other procedural points in case of damage for small amounts.

✔ For which the insurance company will not pay for CASCO.

The list of insured events for which the owner of the vehicle will be able to subsequently receive a compensation payment 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 indicated, upon the occurrence of which the payment will also not be paid, which include the general rules for refusing to pay.

✔ Payments for wear parts.

The amount of compensation for voluntary auto insurance may include the loss of the total commercial value of the car due to damage to parts and assemblies of the vehicle. Thus, the repair of one or another part of the car often entails the loss of their original performance and appearance, while the market value of the entire vehicle decreases. For this, a compensation payment may be made, among other things.

✔ Car wear.

The wear and tear of a car is understood as the loss of its original characteristics, both external and mechanical, as a result of which the cost of the car and its spare parts also 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 the compensation payment. The higher the wear of a particular part, the lower the insurance payment will be received by the car owner.

CASCO insurance is mandatory insurance on a voluntary basis in the interests of the client. These interests relate to the possession, disposal and use of the vehicle and its accessories. Many car owners are concerned about the question of whether there is a law on CASCO insurance?

Unfortunately, there is no single law specifically about CASCO. But in the Russian Federation, the rights of citizens can be protected by the Law on the Organization of Insurance Business in the Russian Federation and civil law. Any clauses that conflict with the above documents may be challenged in court at any time.

When applying for a full CASCO, you receive a refund in such cases (this is not regulated by any law):

car accident
Fire
Falling objects
Theft
Theft
Animal attack
Natural disasters

Of course, the conditions in each company are different. But in general terms, this insurance includes the transportation of vehicles from the scene of an accident, in cases where necessary, repairs and spare parts. In some cases (with a mandatory clause in the contract), CASCO even covers the full cost of the car in the situation when the theft was committed.

The conditions of different insurance companies can differ significantly from each other in all sorts of nuances, but in most cases the market value of the transport determines the amount of the sum insured.

- a separate conversation. Not all clients like this condition.

A careful study of the contract will allow you to consciously make a choice in favor of a particular company and the conditions that they offer. After all, the contract may look different in terms of how it will be presented by the insurance agent, and what is specifically indicated in it.

Despite the fact that there is no specific law on CASCO insurance, all the nuances must be described in detail in the contract. Therefore, we advise you to read it carefully and clarify all the points that raise questions.

"Pitfalls" of CASCO agreements

In absolutely all cases, the CASCO insurance contract is not only worth carefully studying, but also on points that are in doubt, or to some extent incomprehensible to you, ask questions to insurance agents. In addition, different companies may differ.

Here are some of the nuances that may be present in the document offered to you:
Mandatory presence of technical inspection, passed in due time. Otherwise (without technical inspection or violation of the terms of its passage), you risk losing compensation for damage.
Leaving vehicles in the parking lot, which is guarded (not in the courtyard of the house). In this case, the parking itself must have the appropriate license.
Time limits for collecting the necessary certificates. There are situations when certificates from state bodies are made much longer than it is written in the clause of the contract.

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Law of the Russian Federation of November 27, 1992 N 4015-I - On the organization of insurance business in the Russian Federation - (as amended)

Changes in the legislation on CASCO

CASCO insurance rules - read the contract carefully!

Insurance rules

○ What is CASCO and how are insurance rules regulated?

○ Basic CASCO rules.

✔ CASCO payments.

✔ Refusal to pay for CASCO.

✔ CASCO cost.

✔ CASCO with a franchise.

✔ For which the insurance company will not pay for CASCO.

✔ Payments for wear parts.

✔ Car wear.

"Pitfalls" of CASCO agreements

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