2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
In 2014, a new methodology for assessing damage after an accident came into force. The project and concepts of pre-trial dispute resolution were developed by the Ministry of Transport in 2003, but for 11 years they have not been used. Insurers all this time calculated the damage in their own way. But, when the Plenum of the Supreme Court extended the law “On Protection of Consumer Rights” to OSAGO, they decided to recall the document.
Background
The average payout under an OSAGO policy, according to the Russian Union of Motor Insurers (RSA), is 36 thousand rubles, and through the court - 50 thousand rubles. (excluding pen alties). According to statistics, every sixth claim is satisfied. Insurers suffered losses. Yes, and the victim has to fiddle with papers for a long time. First, 30 days to wait for the first decision. Then another 20 to challenge it, and after that go to court. Therefore, the PCA remembered that a unified methodology for calculating damage under OSAGO had been developed, and decided to solve itengage. It should remove up to 80% of disputes and reduce the gap between expert assessments. As a result, drivers will receive real money not through the court, but from the insurance company (IC).
Contents
The unified methodology for calculating damages under OSAGO (2014) includes price guides for different territorial zones. They contain data on the cost of 80 million spare parts for 67 car brands, the rates of labor hours and certain types of repairs. These documents determine the procedure for calculating costs in the event that a decision is made to carry out restoration work. The base is the real cost of spare parts, including all customs fees and other markups.
Disagreements
The problem with appraisers is also solved by a unified methodology for calculating damages under OSAGO. The project contains the rules for the examination. If the company has already entered into an agreement with an appraiser, then the client will have to use his services. The insurer has the right to inspect the damaged vehicle (TC). And the owner is obliged to provide a car for examination by law. The PCA believes that a unified methodology for calculating damages under OSAGO will make it possible to get rid of unscrupulous car lawyers. Whether this is really so, practice will show.
Parts
Previously, the average cost of parts was used when calculating damage. Insurers can change it at their discretion. Dissatisfied car owners challenged the decision in court. Only in 2013 was filed600 thousand claims. Whereas in the US the courts do not deal with such cases at all, as the companies use the officially fixed cost of parts for cars, which reduces all disagreements to naught. For the same purposes, a unified methodology for calculating damage under OSAGO has been developed.
From September 1, the regulator increased the amount of payments under the ordinary and European protocols to 400 thousand rubles. The amount may be enough to cover the damage. But now it will be calculated according to the new standards. The guide was compiled at the exchange rate of the ruble at the beginning of 2014. RSA promises to update prices once a year. Question: what to do to the victims during this time? Compensate for losses at your own expense? Another problem: some types of damage can only be seen on a special stand. And it is not present in all services, not to mention the appraisers. As a result, no money will be allocated for the procedure, and the amount of compensation may not be enough for a comprehensive repair.
Individual calculation
If the car owner has an exclusive part that will not be presented in the directory, then the insurers will calculate the costs in the old fashioned way, that is, manually. To do this, the EA will collect statistics on unit prices and display the average price.
Wear preserved
Car depreciation now depends on the age of the vehicle. This question has caused a lot of controversy. Various options were proposed, up to requesting data from the dealer about the date of production of a particular car. But we settled on the fact that the age will be calculated depending onfrom the number of full years of mileage. So insurers will not spend a lot of time on calculations and break the deadlines for making a decision, which are now limited to 20 days. For medium-class cars, the difference in data calculation between the reference book and market prices is 20%, while for “cool” cars, the difference can reach up to 300%.
The unified method for calculating damage under OSAGO does not provide for wear and tear for all parts. Without depreciation, the brake and steering system, optics, seat belts will remain - that is, elements without which the operation of the car is prohibited. All other parts are priced at 50% wear.
A new coefficient has appeared
An individual indicator will be charged if any part is worn more than it should be by age. For example, if the car was previously repaired, or a one-year-old car will find a fender with three layers of putty.
Other details
The unified methodology for calculating damages under OSAGO (October, 2014) provides for a calculation error of 10%. In theory, this figure should be offset by inflation. In practice, this can be a good loophole to reduce the amount of settlements. If earlier such problems were resolved through the courts, now it will be much harder to challenge the decision, because an official document is used in the calculations. The second disadvantage is that the methodology does not cover the old schemes, when payments were completely denied.
Changedsituation regarding cars under warranty. If earlier the damage on such vehicles was calculated at dealer prices, now the calculation will be carried out according to the directory data. Therefore, if your car is under warranty, it is better to purchase a CASCO policy.
What do disgruntled drivers do?
Certain changes have already been made by the unified methodology for calculating damages under OSAGO. October 2014 was marked by an increase in tariffs and the maximum amount of payments, without which the launch of the new scheme is impossible. But it will hardly be possible to achieve the results promised by the RSA. Dissatisfied drivers can either issue CASCO or go to court. Both the first and second will bring additional costs. Therefore, questions arise regarding the appropriateness of the new methodology.
Conclusion
The unified methodology for calculating damages under OSAGO developed in 2003 came into force only in 2014. It presents the calculation of spare parts and works for all possible brands of cars. Most of the controversy concerns prices. They must be updated once a year. In the absence of a devaluation of the national currency, there should be no problems. But the methodology does not provide for expensive tests, does not cover the previously existing refusals to pay, and contains an allowable calculation error of 10%. Practice will show how much insurers will abuse these shortcomings.
Recommended:
Real damage. Recovery of real damages
In the Civil Code, losses are the costs that the subject, whose rights are violated, has incurred or will have to incur in order to restore his property status. They are also called damage or loss of valuables or lost profits that could have been received by a person under normal conditions of turnover if his interests had not been infringed
Where is it better to insure a car under OSAGO? In what case is a car not insured under OSAGO?
Many car enthusiasts daily wonder where it is better to insure a car under OSAGO. This issue must be approached responsibly. Every driver should know how to buy insurance coverage correctly
Wage fund: calculation formula. Wage fund: formula for calculating the balance sheet, example
As part of this article, we will consider the basics of calculating the wage fund, which includes a variety of payments in favor of company employees
Getting acquainted with the RSV form, what is the Unified calculation
Report on the accrued contributions to the Pension Fund must all legal entities and individual entrepreneurs that pay salaries to staff. For this purpose, the Foundation has developed a specialized form of RSV-1. Entrepreneurs submit a calculation regardless of the chosen tax regime
Methodology for calculating lease payments
The word "leasing" has English roots. Translated, the term means "rent". Leasing is a type of financial services, a specific form of lending for the acquisition of fixed assets by enterprises or expensive goods by individuals