On the roads of our country travels a huge amountVehicle. It's not a secret for anyone that different situations can happen during this, including an accident. Therefore, the owner of the car must have insurance.
Any driver encountered a problem whenattempt to receive insurance payment, the insurer refused to grant payment due to the loss of the commodity value of the vehicle. Most of all with a similar situation, owners of expensive cars face, which can lose up to 30 percent in their cost. In order not to get into a difficult situation, every driver should know how to get TCB for OSAGO.
Despite the fact that the activities of insuranceof companies is regulated by law, nevertheless there are a lot of pitfalls in it, which give many options for loopholes to unscrupulous insurers. As practice shows, you can solve the issue of insurance payments through court, but not all motorists know how to do it.
Despite the fact that in 2017 manymotorists have gained good experience in combating the lawlessness of insurance companies through litigation, however, inexperienced drivers often face various problems when going to court. According to the current legislation, compensation is only real damages received as a result of the accident, and after performing the repair of the car, it ceases to be such. So how do you get compensation in full with TCB for OSAGO?
Immediately it is worth noting that you can not get a payment for the loss of the commodity value of the vehicle in all cases.
For this, several criteria must be met:
It is worth noting that the conditions for the payment of TCB byOSAGO are similar, as for CASCO. Therefore, if you do not satisfy at least one of the listed points, then you can not count on the payment of monetary compensation.
To determine the exact size of the loss of transportcost of the machine, it is best to contact an independent company specializing in this matter. After the completion of the examination, the company issues a document that specifies the exact amount of repair taking into account the technical condition of the car.
The main problem of obtaining an insurance payment forTCB is that insurers, by law, are not required to produce them. All SCs refer to the law, which states that only real damages resulting from an accident are liable to compensation. Therefore, before applying to the court, it is necessary to understand whether there is any sense in bringing the case to trial. It is very easy to determine this if we compare the current market value of new and broken machines of the same brand.
Next, you must perform the following steps:
As practice shows, in most cases, courts take the side of a motorist.
In most cases, a statement of claim is filed, so do not expect that at sight of it, the insurer will immediately satisfy your claim for compensation.
Making up the compensation for TCB for OSAGO, the application to the insurance company must be submitted together with the following documents:
This package of documents is mandatory for the transfer of proceedings to the court.
The recovery of TCB for OSAGO occurs in the following order:
Only by following this scheme, you can get compensation for the lost commodity value of the vehicle.
If in the calculation of TCB for OSAGO was established,that the cost of repair work exceeds 400 thousand rubles, which is obligated to pay the SC under the current legislation, the compensation of the remaining part of compensation falls on the culprit of the incident.
To date, a separate provision onpenalty in the event of a delay in compensation for the loss of the commodity value of the car is not provided, and any problems associated with it are resolved in a standard manner. Thus, the amount of the penalty will be determined by the principle, as in the case of delay or refusal to fulfill the obligations imposed by the court.
If during the trial the insurancethe company will be obliged to pay compensation for TCB, but the insurer will delay payments, then for each day of delay, a fine of 1% of the repair cost will be imposed on it. For compensation of TCB for OSAGO, the UK has 20 calendar days.
It is important to understand that no insurervoluntarily will not go to compensation for damage, so this problem will have to be solved through a court of law according to the standard scheme that was described earlier. Do not be afraid of litigation, because, as practice shows, in most cases the insured defeats them.
But only those motorists can expect to receive payments, the level of depreciation of which does not exceed a certain threshold. For CASCO policies, it is no more than 35 percent, and for OSAGO 40%.
The process of receiving payments when the loss of commodityof the cost of the machine is very complicated, as it goes against the interests of the insurance company, which will try to deny them to the client in every possible way. In this article, a step-by-step instruction has been described in detail, observing which, it is possible to obtain compensation for damage.
Here are a few more general tips and recommendations that will be useful for drivers who have encountered TCB: