All about TCB for OSAGO

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

A huge number of vehicles travel on the roads of our country. It's no secret that various situations can happen during this, including accidents. Therefore, the owner of the car must have insurance.

Any driver faced a problem when, when trying to receive an insurance payment, the insurer refused to provide payment due to the loss of the vehicle's commodity value. Most of all, owners of expensive cars, which can lose up to 30 percent in their value, face a similar situation. In order not to get into a difficult situation, every driver should know how to get a TCB under OSAGO.

Despite the fact that the activities of insurance companies are regulated by law, nevertheless, there are a lot of pitfalls in it, which provide many options for loopholes for unscrupulous insurers. As practice shows, it is possible to resolve the issue of insurance payments through the courts, but not all motorists know how to do this.

General information

MTB for OSAGO is a drop in the value of a vehicle as a result of getting into a traffic accident and performing its further repair. On the one hand, there is nothingsurprising, because a new car costs much more than the one that has been in an accident, but on the other hand, the car owner loses money in the amount of compensation in the event of an insured event.

Despite the fact that in 2017 many motorists gained good experience in dealing with the lawlessness of insurance companies through litigation, nevertheless, inexperienced drivers often face various problems when going to court. According to the current legislation, only the real damage received as a result of an accident is subject to compensation, and after the repair of the car, it ceases to be such. So how do you get compensation in full with TCB under OSAGO?

When is TCB supposed to be paid?

It should be noted right away that it is not possible to receive a payment for the loss of the commercial value of a vehicle in all cases.

To do this, you need to meet several criteria:

• don't be the cause of the accident;
• the amount of damage received should not exceed 400 thousand rubles;
• vehicle age should not exceed 5 years for foreign-made cars, and 4 years for Russian cars;
• wear on the machine should not exceed 35%.

It is worth noting that the conditions for the payment of TCB for OSAGO are the same 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.

How is TCB calculated?

As mentioned earlier, the payment of TCB under OSAGO is possible only if certain requirements are met. The newer the vehicle, the lower its mileage and physical wear and tear, the larger the monetary compensation can be.

To determine the exact amount of the loss of the transport value of the machine, it is best to contact an independent company that specializes in this matter. After the examination is completed, the company issues a document indicating the exact amount of repairs, taking into account the technical condition of the car.

How do I get a TCB payout?

The main problem with getting TCB insurance payouts is that insurers are not required by law to make them. All UK refer to the legislation, which says that only real damage resulting from an accident is subject to compensation. Therefore, before going to court, it is necessary to understand whether it makes any sense to bring the case to trial. It is very easy to determine this if you compare the current market value of new and broken cars of the same brand.

Next, follow these steps:

• submit to the insurance company an application for OSAGO TCB, a sample of which can be obtained from the insurer;
• if the IC refuses to compensate for the damage received, then you need to undergo an independent examination to assess the repair work performed;
• prepare a statement of claim and the necessary package of documents for the trial.

As practice shows, in most cases, the courts takeside of the motorist.

Applying

The TCB application for OSAGO must be submitted in two copies, each of which must be stamped. You give one copy to the insurer, and keep the second one for yourself. This will act as a guarantee that the UK will not be able to declare in court that there was no appeal to it with a demand to pay monetary compensation under the TCB.

In most cases, a claim is filed, so don't expect your insurer to immediately satisfy your claim for compensation when you see it.

What documents do you need?

When making TCB compensation under OSAGO, an application to the insurance company must be submitted along with the following documents:

• original and copy of passport;
• driver's license;
• insurance contract or policy;
• copy of the application and claims that were presented to the insurer during pre-trial proceedings;
• state fee payment receipt;
• documents for the vehicle: technical passport, certificate of registration, coupon for technical inspection;
• documents from the traffic police: a copy of the certificate of fixing the accident, protocol, decision or refusal to initiate proceedings and others;
• copy of traffic accident notice;
• copy of a document confirming the occurrence of an insured event;
• conclusion of independent appraisers on the cost of repairs;
• certificate of technical inspection;
• size reportloss of the commodity value of the vehicle;
• contract concluded between the owner of the car and an independent expert;
• copies of claims for each of the defendants in the trial.

This package of documents is mandatory for the transfer of proceedings to the court.

Collection procedure

Collection of TCB under OSAGO occurs in the following order:

1. Filing an application with an insurer for a monetary compensation.
2. Waiting for an official response from the insurance company to satisfy your request, which should come to the post office by registered mail.
3. Self-assessment of the probability of TCB compensation.
4. Appeal to independent experts to estimate the real cost of repairing a vehicle.
5. Filing an application with the insurance company demanding full compensation for the lost value of the car.
6. In case of refusal to pay compensation, a claim is made in the name of the General Director of the insurance company.
7. If the claim is rejected, then a lawsuit is filed.

Only following this scheme, you can achieve compensation for the lost commodity value of the vehicle.

Who pays for TCB

Compensation is paid by the person who acts as a defendant during the trial. This can be either the insurer or the driver who caused the accident.

If the calculationTCB for OSAGO found that the cost of repairs exceeds 400 thousand rubles, which the insurance company is obliged to pay in accordance with the current legislation, the reimbursement of the remaining part of the compensation falls on the culprit of the incident.

Forfeit

Today, there is no separate provision for a pen alty in the event of a delay in reimbursement of compensation for the loss of the commodity value of the car, and any problems associated with it are resolved in the standard manner. Thus, the amount of the pen alty will be determined according to the same principle as in the case of delay or refusal to fulfill obligations imposed by the court.

If during the trial the insurance company is obliged to pay compensation under the TCB, but the insurer delays payments, then for each day of delay a fine of 1% of the cost of repairs will be imposed on him. The insurance company has 20 calendar days to reimburse the TCB under OSAGO.

When repairing at the service station

You can receive compensation for the loss of the commercial value of the vehicle both under OSAGO and CASCO. However, before starting the proceedings, you must carefully read the insurance contract. It should say whether the insurance company is liable for TCB and whether it pays compensation.

At the same time, it is important to understand that no insurer will voluntarily go for damages, so this problem will have to be resolved through the courts according to the standard scheme that was described earlier. Do not be afraid of litigation, because,as practice shows, in most cases the insured wins them.

But only those motorists whose vehicle wear level does not exceed a certain threshold can count on receiving payments. For CASCO policies, it is no more than 35 percent, and for OSAGO - 40%.

Some tips and tricks for getting TCB

The process of receiving payments in case of loss of the commodity value of the car is very complicated, since this goes against the interests of the insurance company, which will try in every possible way to refuse them to the client. In this article, step-by-step instructions were described in detail, following which you can achieve compensation for damage.

Here are some more general tips and tricks that will be useful for drivers who have encountered a TCB:

• If the amount of damage incurred under the TCB exceeds the limit of insurance payments specified in the contract, then compensation for the remaining amount can be demanded from the person who caused the accident.
• The category of insured events with TCB also includes accidents that occurred as a result of a collision with green spaces and certain types of buildings.
• According to new changes in legislation, compensation for damage under the TCB can be obtained if the car was damaged by hooligans not only on the roads, but also in the yards.
• If the accident was recorded using the European protocol, then compensation for damage under the TCB can be obtained if there is a photo and video from the scene.

Understanding all the aspects and nuances of obtaining monetary compensation under the TCB, as well as taking timely measures will help win the trial and receive full compensation for damages. If the claim of the insured against the insurer is fully justified, then the court will certainly take the side of the plaintiff.