CTP pen alty: how to calculate?

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

Since 2014, changes have been made to the legislation. Now insurance companies that violate the terms of payment of compensation are obliged to pay a pen alty for OSAGO. Its size depends on the amount of payments and the timing of the delay. For more information on when the forfeit is applied and how the CMTPL pen alty is calculated, read on.

OSAGO

Since the introduction of OSAGO, it has had a positive impact on the situation on Russian roads and on the development of the insurance market. Despite the shortcomings, OSAGO continues to develop. Any vehicle owner is required to insure their liability. When contacting the company, the premium is calculated. The price of the policy depends on the adjustment factors, tariffs, but is regulated at the legislative level.

For example, the price of an insurance policy for a truck with a capacity of 120 hp. With. for a year with an unlimited number of persons over 22 years old with a driving experience of up to two years, admitted to driving, in Berdyansk and Moscow will be different.

Legislation

According to legal terminology,a pen alty is understood to mean financial resources that one party to a transaction undertakes to pay to the other if the terms of the contract are not met.

CTP pen alty can be applied to an insurance company that has made a delay in the process of considering claims from the driver or when considering applications for other payments.

The Federal Law No. 40 “On OSAGO” spells out the rights and obligations of the IC, its responsibility in case of failure to fulfill its obligations. In particular, the law provides for the mandatory payment of a pen alty in the event of:

• failure to pay or late issuance of a referral for vehicle repair (the document indicates the deadline for the completion of work) due to the fault of the insurer;
• non-observance of the period for the return of payment, if such a condition is provided for by the contract.

All these issues are discussed in detail in:

1. Civil Code.
2. FZ No. 4015-I "On Insurance Companies".
3. FZ №40 "On OSAGO".

How to calculate the pen alty for OSAGO?

If the insurance company has violated the terms of payment, then it must pay a pen alty - 1% of the amount. The calculation of the pen alty for OSAGO is carried out according to the following formula:

H=D x (1: 75) C x H: 100, where:

Н - forfeit on OSAGO;

• D - number of days overdue;
• С – refinancing rate;
• B - the amount of compensation provided for by the contract.

The day the payment receipt is issued is also taken into account in the calculations. Nuances may arise during the repair of the vehicle. Responsibility forthe quality and timing of the work is the responsibility of the insurer.

If the company has not paid compensation at all, then the calculation will be based on the total amount of the debt. If a partial payment has nevertheless been made, then the pen alty will be calculated based on the remaining amount of the debt. In the case of issuing a referral, this amount will depend on the timing of its receipt.

Limits

The law provides for restrictions on payments. If harm was caused:

• only property - 400 thousand rubles;
• life and he alth - 500 thousand rubles

Another limitation is that the amount of the pen alty cannot exceed the sum insured under the contract. An application for an OSAGO pen alty is submitted to the company as part of pre-trial proceedings. It specifies the details for transferring funds.

Examples

The insurance company neglected the terms of compensation for losses and delayed payment by 20 days. The amount of compensation is 120 thousand. One day of delay costs 120 x 0.01=1.2 thousand rubles. To receive a payment, the client must apply to the company with the appropriate application.

After an accident, the car suffered damage in the amount of 150 thousand rubles. A complete set of documents for the payment of compensation was submitted to the company on September 1. As of September 30, no payment has been received. The total delay period is 10 days. For each day of delay, the company must pay 1.5 thousand rubles.

Timing

Within 20 days of receipt of fullset of documents, the insurance company is obliged to pay compensation, issue a referral for repair work or provide a reasoned refusal. If a shortage of papers is found, the insurer is obliged to notify the client about this and provide a complete list of missing documents. If the necessary information is missing in the papers or the documents were not provided at all, the organization may not pay a pen alty and other compensation.

The timing of the payment of the pen alty should be specified in the contract. Although companies usually miss this point. Therefore, after a month after the adoption of the appropriate decision, you need to file a claim with the company and the courts. Such cases are de alt with quickly. Pen alty and compensation must be paid within 10 days after the decision is made.

Court practice

If it comes to court, then you need to draw up two statements of claim. The first is about the payment of compensation for damage, and the second is that the client is en titled to a pen alty for OSAGO. Both applications must be considered in the same hearing. In the application itself, you must specify:

• identification code of the judicial authority to which the application is sent;
• all details of the defendant;
• all certificates relating to accidents;
• examination results;
• the amount of compensation and pen alty arrears.

The court most often makes a positive decision.

CTP forfeit: nuances

The victim can claim compensation for the repair of his vehicle. He chooses the waycompensation for damage: in cash or in the form of payment for repairs. If both sides of the conflict are to blame for the accident, then compensation is paid in the same amount.

The procedure for notifying the insurance company about an accident has changed. If two cars were involved in an accident, the owners of which have OSAGO, and there are no victims, each of them applies to their company. In other cases, you need to apply to the company of the culprit.

The procedure for registering an accident according to the European Protocol has also undergone changes. Each party must notify its company within 5 working days. Otherwise, the culprit will have to pay damages at his own expense. If there is a video or photo of the accident, then the maximum amount of payment in the capital and the Leningrad region will be 400 thousand rubles.

The victim must show his vehicle to the company within 5 days after the accident. At the request of the insurer, the third party is to blame. She must also provide the car for inspection within 10 days from the date of receipt of the application. The guilty person is not allowed to dispose of or repair the machine within 15 working days, otherwise the insurance pen alty for the payment of OSAGO and compensation will not be paid.

The insurer may demand payment of compensation and pen alties in a pre-trial order. If the parties do not agree, then the recovery of the pen alty for OSAGO and compensation will be carried out through the court. Insurers are obliged to make all payments in a pre-trial order. However, in fact, these amounts are less than those that rely on customers underlaw. Therefore, most of these cases are resolved through the courts.

Other sanctions

Fine is another sanction that applies to the insurer in case of violation of the terms of payment of compensation. Its size directly depends on the amount of accruals. In case of violation of the terms of payment of compensation, the company must compensate 1% of the amount of the debt per day of delay. If the company has violated the deadlines for providing a referral for repairs, then 0.5% of the debt will have to be compensated. With any method of calculation, the installment cannot exceed the premium guaranteed by the contract.

If customers have to file a claim in order to receive compensation, then the court decision on the CMTPL pen alty will be supplemented by a decision on the mandatory payment of pen alties. This is the largest monetary compensation for delay. Late transfer of funds to the beneficiary is considered the most serious breach of obligations by the insurer.

Article 16 of the Federal Law "On OSAGO" provides for a fine to be collected in favor of an individual for violations of compensation payments. If the application is made by the Society for the Protection of Consumer Rights, then he is en titled to half the amount of the pen alty. The amount of the fine is 50% of the amount of compensation for the case in question. This does not take into account amounts that were paid voluntarily within 20 days, pen alties, other compensation.

Another example

The total amount of payment by court decision is 50 thousand rubles. In the 20-day period allotted by law, the company repaid only 10 thousand rubles. Represents the interests of the injured party in the caseOZPP.

Fine amount=(50 - 10) x 0.5=20 thousand rubles. Of these, 10 thousand are taken by the victim, and the same amount - OZPP.

Features

The total amount of the sanction cannot exceed the maximum amount of payment for the corresponding type of insurance and the damage caused.

If a company has committed several offenses, then sanctions can be requested for each of them.

The court can reduce payments only on the basis of the defendant's application and only if the calculated pen alties are disproportionate to the consequences of violations.

All sanctions apply to recovering compensation from RSA.

Following a court order for compensation does not exempt the company from paying a pen alty.

Underpayment

Almost always, the court underestimates the calculated amount of the pen alty. The exceptions are cases where the defendant did not appear at the court session, and decisions in absentia. If the amount of compensation is small, the delay is small, there is a chance that the amount will not be reduced.

You still need to prepare for the court session. For example, write written explanations that reflect:

• their disagreement with the application for a reduction in compensation due to lack of grounds;
• list all the necessary conditions for reducing the payment and separately indicate the items that were not met.

A copy of the written explanations must be attached to the case file. When the court gives the floor for an answer, you need to briefly state your position, focusing on the most importantparagraphs.