Rules for comprehensive insurance and compulsory motor vehicle insurance "reso guarantee". Application to the insurance company for damages Reso guarantee claim for payment of insurance compensation
Example " Applications for insurance benefits", submitted to the Insurer along with a complete set of documents (according to the inventory), if the documents were not submitted to the insurance company before the inspection, but the Insurer was summoned for inspection in the proper manner by telegram (see the telegram form on the website). Telegram is Statement (which must be provided to the insurer in accordance with clause 45 of the MTPL rules, upon receipt of which the insurer is obliged to inspect the vehicle within five days). There is no strict form approved by rules or law; each insurance company independently created its own application form. “The Rules on Compulsory Insurance” (RF PP 263) and the MTPL law (40 Federal Laws) also do not prohibit submitting an application by mail or in any other way.
At "RESO-Garantiya"
Moscow, Gasheka st., 12
From Elena Nikolaevna Kuletsova,
living at the address: Moscow.
st. Davydkovskaya 21, apt. 112.
Loss No.___________
Application for insurance payment
10/15/2005 at 19:50 an accident occurred at the address: Moscow region, 49 km. Minskoye Highway, with the participation of the following vehicles and drivers:
1. car brand "Volkswagen Golf" state number: P 000 ХН 99, owned by me - Elena Nikolaevna Kuletsova, on the right of ownership, under my control, which suffered damage as a result of an accident.
2. car "VAZ 2104" state number E 000 KU 68, under the control of M.P. Gakhramov, living at the address: Smolensk, st. Bagrationa, 7, apt. 44, the insurance policy was issued by the insurance company "RESO-Garantia" AAA No. 0294869570 valid until 02/22/2006
The traffic accident occurred as a result of a violation of paragraph. 10.1 Traffic regulations by driver M.P. Gahramov., which is confirmed by the case materials: Certificate of road accident, Appendix No. 12 and Appendix No. 31, a Determination was issued against the offender, registered under number 3485 dated 10.15.2005. in accordance with part 2 of Art. 24.5 and 28.1 Code of Administrative Offences.
Gahramov M.P. is guilty of violating traffic rules and, as a consequence, in the said accident. admitted when considering the materials of the case of an accident by an inspector.
I intend to exercise my right to insurance payment. Damage to my car resulting from an accident prevents it from participating in road traffic.
On October 24, 2005, in accordance with paragraph 44 of the “Rules...”, I submitted to “RESO-Garantiya” (the insurer) an “Application for Insurance Payment” by telegram, in which I expressed my intention to exercise my right to an insurance payment and invited a representative of the Insurance Company to inspect the vehicle. means, which complies with the requirement of the “OSAGO Rules” clause 45. None of those invited duly appeared for the inspection.
In accordance with clauses 44 and 61 of the “OSAGO Rules”, attached to this application is
List of documents to be transferred:
1. “Application for insurance payment” provided by the insurance company. ( in accordance with clause 44)
2. "Notification of an accident." ( in accordance with clause 44)
3. Certificate from the traffic police, forms No. 12 and 31 ( in accordance with clause 44)
4. A copy of the ruling (or a protocol with a resolution), certified by a traffic police inspector (in accordance with clause 44)
5. A copy of the power of attorney of my representative ( in accordance with clause "61,a")
6. A copy of the registration certificate of the vehicle "Volkswagen Golf" state. number: P 000 ХН 99 ( in accordance with clause "61,a")
7. Report No. 10-14 “Determination of the amount of damage from damage in an accident to the Volkswagen Golf vehicle, registration mark P 000 XN 99” on 24 sheets ( in accordance with paragraph "61,b")
8. A check for payment of examination services on one sheet in the amount of 3,700.00 rubles ( in accordance with clause "61,c")
9. Checks for payment of postal services on 4 sheets in the amount of: 423.00 rubles. ( in accordance with paragraph "61,e")
10. Photocopies of telegrams with notification of delivery on 2 sheets ( in accordance with paragraph "61,e").
If the nature of the damage, in accordance with clause 45 of RF PP 263, or the characteristics of the damaged property exclude its presentation for inspection and (or) the organization of its independent examination (assessment) at the location of the insurer and (or) the expert, inspection and (or) independent the examination (assessment) is carried out at the location of the damaged property within the period established by this paragraph.
10/31/2005 An expert from an independent expert company inspected the state-owned Volkswagen Golf vehicle. number: P 000 ХН 99.
The amount of damage caused in accordance with the documents presented according to the inventory is: 165644,58 (One hundred sixty-five thousand six hundred forty-four rubles 58 kopecks).
Thus, on 07.11.2005“RESO-Garantiya” received all the necessary documents for the insurer to draw up an “Insured Event Report” and provide me with an insurance payment (in full or in an amount not disputed by the insurer) within the time limits established by the Law.
Since the accident did not cause damage to my health, but only to my property (car), the insurance payment must be made to me within 18 (15+3) working days from the date of submission of the documents provided for in paragraph 44 and paragraph 61 of the Rules ..."
Consequently, the countdown of 15 working days for drawing up the “Insured Event Report”, and the next 3 working days for making payments, begins from 07.11.2005. In case of failure to fulfill obligations within the period established by the Law (until November 28, 2005), I will be forced to file a lawsuit to recover interest under Art. 395 of the Civil Code of the Russian Federation.
paragraph 70 "Rules...", Insurer within 15 working days from the date of receipt of the documents specified in paragraphs 44, 51,
53 - 56, 61
these Rules, draws up an “Insured Event Report”, on the basis of which it makes an insurance payment to the victim or sends a written notice of a complete or partial refusal to pay, indicating the reasons for the refusal.
paragraph 71 "Rules...", in " Insured Event Report" based on available documents(conclusions, calculations, accounts, etc.) insurance payment is calculated And its size is indicated. A copy of the “Insured Event Report” is given by the insurer to the victim.
paragraph 73. In the event of a disagreement between the insurer and the victim regarding the amount of damage to be compensated under the compulsory insurance contract, In any case, the insurer is obliged to make an insurance payment in the part that is not disputed by it.
paragraph 75 "Rules...", insurance payment is made by cash or non-cash payment within 3 working days from the date of the decision on the implementation of insurance payment in accordance with paragraph 70 of these “Rules...”.
I ask you, in accordance with the above paragraphs of the MTPL Rules (RF RF No. 263), to make an insurance payment in the undisputed part by transferring to my bank account. In case of complete or partial refusal, I ask you to issue a “Written Notice” indicating the reasons for the refusal and a copy of the insured event report.
My current account details:…………….
Sincerely, _____________ Kuletsova Elena Nikolaevna
represented by a representative on November 7, 2005
Inventory documents received, specialist "RESO-Garantiya"
____________________ ____________________
_______________________
Signature Full name Position
Option 2
An example version of an application for insurance payment with a call for an inspection by a representative of the insurance company, organized independently. There is no set application form, so you can edit this option to suit your situation.
Good luck.
IN JSC "INGOSSTRAKH"
Moscow, Pyatnitskaya st., 12
from Ivanov Ivan Ivanovich
residing at the address: Moskovskaya
region, Mytishchi, Heroev Panfilov St.
49/3 sq. 25
Application for insurance payment.
07/31/2004 At 18:10 an accident occurred at the address: Moscow, st. Gilyarovsky near house 65 a traffic accident involving the following vehicles and drivers:
1. state-owned car "SKODA OKTABVIA" number: O 999 OO 90, owned by me, under my control, which suffered damage as a result of an accident, insured under compulsory insurance with the ROSNO company, policy No. AAA 0232222134, valid until 06/22/2005.
2. state car "Toyta Land Cruiser" state sign TRANSIT 5353 EP 50 RUS, which was under the control of Nikolay Mythical Kosyakovsky, residing at the address: Moscow, Verkhnyaya Syromyatnicheskaya street, 18 quarter 2005, insurance policy AAA No. 0110222907 issued by IC "INGOSSTRAKH".
The traffic accident occurred as a result of violation of traffic rules by the driver Nikolai Mikhailovich Kosakovsky, which is confirmed by the case materials: Certificate of road accident, Appendix No. 12 and Appendix No. 31 dated 09/07/04, in respect of which protocol AB No. 0399444 dated 08/31/2004 was drawn up. Resolution 77 AB No. 1602543 dated 09/06/2004 was issued.
Kosakovsky is guilty of violating traffic rules and, as a consequence, in the said accident. N.M. admitted when considering the materials of the case of an accident by the Traffic Police Inspector, 1st baht. DPS Central Administrative District.
I intend to exercise my right to an insurance payment. Today, in accordance with clause 44 of the “Rules...”, I submitted to “INGOSSTRAKH” (the insurer) an “Application for Insurance Payment”, indicated the details of my bank account for the non-cash transfer of insurance payment to me, and also attached documents to the said “Application” According to paragraph .61 "Rules..." provided documents confirming my ownership of the damaged property (car).
List of documents submitted to the Insurance Company:
1. Application for insurance payment provided by the insurance company.
2. Notification of an accident.
3. Certificate from the traffic police, forms No. 12 and 31
4. A copy of the protocol certified by the traffic police inspector
5. A copy of the resolution certified by the traffic police inspector
6. Copy of civil passport.
7. A copy of the telegram about the call to inspect the vehicle.
8. A copy of the vehicle registration certificate, "SKODA OKTABVIA" state. number: C421 OO 90.
The examination was organized by me independently, in accordance with clause 6 of the “Rules for organizing and conducting an independent technical examination of a vehicle when deciding on the payment of insurance compensation under a contract of compulsory civil liability insurance of the owner of a vehicle” (approved by Decree of the Government of the Russian Federation of April 24, 2003 No. 238) by concluding an Agreement with an Independent Expert Organization.
If the nature, in accordance with clause 45 of RF PP 263, of the damage or the characteristics of the damaged property exclude its presentation for inspection and (or) the organization of its independent examination (assessment) at the location of the insurer and (or) the expert, the damage to the vehicle excludes it participation in road traffic, inspection and (or) independent examination (assessment) are carried out at the location of the damaged property within the period established by this paragraph. Damage to "SKODA OKTABVIA" state. number: X 999 OO 90, received as a result of an accident, excludes his participation in road traffic.
I ask you to send your representative with a power of attorney to inspect the damaged vehicle damaged by your policyholder, which will take place at the address: Moscow, st. Verkhnyaya Pervomaiskaya, 35A building 1. at 13:00 on September 10, 2004. If you do not show up, the inspection will be carried out without your participation.
Sincerely,
Ivanov Ivan Ivanovich
"_____" September 2004
Inventory documents received, INGOSSTRAKH specialist
___________________________
____________________________________
Signature Full name, position in the Investigative Committee
Brief rules
1. Determination of the sum insured
The agreement of the company "RESO Guarantee" applies non-aggregate insurance amounts, implying cash, within the framework of which insurers are obliged to make insurance payments for each of the insured events, regardless of their number during the insurance period. At the same time, the liability limits of the insurance company are not reduced by the amount of payments made.
After payment of insurance compensation due to damage, with the exception of payments under the conditions of “Total loss”, the insurance contract continues to be valid.
2. Regulations for the provision of insurance compensation for damage
Calculation of compensation due to damage incurred implies the exclusion of depreciation.
3. Constructive death
The rules of CASCO insurance and OSAGO "RESO Guarantee" assume the implementation of the "Total loss" condition if the cost of the required restoration repairs reaches 80% of the cost of the car, excluding depreciation at the time of concluding the insurance contract.
4. Determination of wear rates
The CASCO and MTPL insurance contract "RESO Guarantee" assumes the following procedure for calculating depreciation:
- in the first year - 20% (in the first month - 3%, in the second month - 2%, in the third and subsequent months - 1.5%);
- in the second year - 15% (including for each month - 1.25%);
- in the third and subsequent years - 12% (including for each month - 1%).
5. Deadlines for filing damage claims
Within 10 working days, policyholders are required to submit a written report of damage to the insurance company.
6. Deadlines for filing reports of theft
The insurer has set a period of 24 hours for mandatory verbal reporting of theft. In order to receive payments under CASCO, as well as payments under OSAGO at RESO Garantiya, within 3 working days, policyholders are required to submit a written report of the theft to the insurance company.
7. Period of insurance compensation due to damage
The rules of CASCO insurance and OSAGO "RESO Guarantee" provide for compliance with a 20-day period during which payments related to damage are credited to the insured's bank account. In this case, payments due to the destruction of a vehicle are made within 30 days.
8. Period of insurance compensation due to theft
Payments under CASCO, as well as payments under OSAGO in "RESO Garantiya" related to theft, are made within a 30-day period. To receive compensation due to the theft of a car, it is necessary to provide the insurer with all the documentation required by it, including decisions to initiate criminal cases.
9. Damage not subject to payment
Payments under CASCO at RESO Garantiya are not made in case of damage to:
- exclusively wheel group (caps, tires, wheels);
- awnings
Refusal to pay compensation also occurs due to theft of tent products.
10. Damage and expenses payable
The following expenses are subject to reimbursement:
- aimed at restoring damage received during towing;
- related to evacuation (no more than 1% of the insured amounts).
11. Important information
Payments can be made without providing documentation from authorized government bodies in case of damage to glass, as well as headlight glazing, or damage to body elements. These payments are possible if the amount of damage does not exceed an amount equivalent to:
- $200 for domestic cars;
- $500 for jointly produced and imported vehicles.
Act correctly (memos to car owners) I’ve been trying to apply for a policy online for five days now - the site freezes and throws me to the login page! When you try to contact the operator and clarify the data on the policy, they immediately send you an email indicating that the problem with electronic policies has nothing to do with them! – Complete lack of subordination on the part of the operator, neglect of clients, lack of consultation on electronic OSAGO policies, website not working properly! Speed of payment Payment amount Evgeniy Borisovich (guest) 11/19/2019 15:17 Comment I, Sergey Grigorievich Ivanov, would like to express my gratitude to the Reso-Garantia company for restoring the OSAGO discount Policy No. EEE0386085222. I have been insuring my dacha for many years. in this company, division No. 15 village.
Open Insurance Joint Stock Company - RESO-Garantiya
Just call and you will immediately receive advice on insurance issues and professional help. You can take out a policy from IC "RESO-Garantia" in installments on favorable terms. Order a FREE CONSULTATION with a specialist right now - get the maximum benefits of a BROKERS client. Information about the partner Open Insurance Joint Stock Company "RESO-Garantia" is one of the largest universal insurance companies on the Russian insurance market.OSAGO: questions and answers
In exceptional cases, the part may be paid for, but the costs of the work will be borne by the car owner. On the other hand, if the damaged part was recently replaced by the owner of the car, then, if there is documentation of the work performed, the cost of the part can be calculated without taking into account wear and tear. How can I find out about the payment under MTPL? They say this can be done using a case number card. Of course, you can find out about the payment by calling the company and providing your payment case number.Reviews from the company RESO-Garantiya
When caught in the act, the money is not returned. Admitted:“Yes, we steal; And even though we got caught, we still won’t give you your money back.”. All Answers: Representative 0 / Lawyers 0 Sergey is changing his insurer because the manager is not customer-oriented Good afternoon! I am a client of RESO-Garantiya (CASCO, OSAGO, DSAGO). On August 6, 2019, I asked for advice on CASCO at the address: St. Petersburg, st. Gakkelevskaya, d.
Insurance payments
The conditions for their provision, as well as payment of compensation, are specified in the Insurance Rules or the insurance contract. Updated 04/22/2019 at 20:51 Auto insurance from RESO-Garantiya RESO-Garantiya © is a universal insurance company. Our priorities include car insurance (both CASCO and OSAGO insurance), voluntary medical insurance, property insurance (incl.I insured a 2008 Honda Civic under CASCO with RESO GARANTIA, and paid about 100 thousand rubles for insurance. Policy number SYS609707549.
Due to an insured event (the rear bumper and left light were damaged), repairs were made at an auto boutique on Sedova. The repair was done disgustingly, after six months the paint began to fall off the bumper, and it is clearly visible that no primer was applied before painting. I called the company, they said: “Sort it out with the auto repair shop.” This auto repair shop has already closed! After writing a complaint to Reso, I received an answer that they had fulfilled their obligations, transferred money to the auto repair shop, but they were not responsible for the quality.
Moscow, st.
Reviews about the insurance company RESO-Garantiya
I asked why. You had your second request a week ago. The repair cost 8 thousand. rub. And therefore CASCO increased to 120 thousand.... no comments)) I decided not to renew! Last year, he refused to renew the HASKA. For the second car, Mitsu ASX 2010. Although before that. I extended it for three years and paid 60 thousand. Two years in a row, no complaints. In the fourth year, they charged 150 thousand. Naturally, I didn’t buy CASCO insurance.Errors in documents - The series and number of the policy of the second participant are not completely indicated, the numbers are mixed up. — Abbreviations in the name of the insurer of the second participant in the accident do not allow us to determine which company actually issued his policy. — Traffic rules that are violated by drivers are not indicated, or there is no information about violations at all; The article of the Code of Administrative Offenses establishing the responsibility of drivers is not indicated. — There is no data on the number of participants in road accidents. — There is no data on the presence or absence of victims (persons who suffered harm to life and health) in an accident. — State and/or transit numbers of both vehicles are not indicated. — ALL damage received by the car is not indicated.
Insurance company RESO - offices, addresses, description
In particular, CASCO offers only one product that covers the full range of the most common risks. You can also purchase a number of stripped-down and inexpensive products that cover risks with a wide range of exclusions. RESO Guarantee OSAGO A compulsory civil liability insurance policy (OSAGO) is needed primarily in case you are to blame for an accident, as well as in cases where the driver and/or his passengers were injured. OSAGO will protect you from payments to the injured party; this must be done by the insurance company from which the policy was purchased, but within the limits established by the state, namely: compensation for property damage - up to 400 thousand.DSAGO from RESO-GARANTIA
Insurance company - RESO-garantiya - in Belgorod
I gave up life insurance. They threw documents at me and told me to go fuck myself. in plain text. It turns out I’m not the first person to be sent! So, dear managers. If you don’t calm this person down, I’ll go to Moscow. Both you and she will have problems. take action. August 19, 2019, Friday 15:52 In the village of Oktyabrsky, additional services are imposed on the OSAGO pole (home insurance, life insurance, etc.Calculate CASCO insurance at RESO Guarantee
snow and ice), falling stones, as well as as a result of illegal actions of third parties. Additional installed equipment. Driver and passengers from an accident. Civil liability of the driver in the amount of up to 30 million rubles. The RESOauto policy guarantees: restoration of cars in authorized technical centers; payment for evacuation in the event of an insured event; preferential 24-hour evacuation/road repair; installation of anti-theft systems at a discount. How does insurance coverage work? At your choice, they will restore your car or pay for the repairs you made (purchased parts). You can choose three options for compensation for the risk of “damage”, which also affects the cost of the insurance policy: 1.Which insurance company is better?
Prompt fulfillment of obligations is a time period that is not burdensome for the policyholder, during which he will receive payment in accordance with the terms of the policy. In addition, it makes sense to spend a little time and conduct your own analysis, relying on open information posted on the official websites of insurance companies, as well as on specialized independent resources - forums, portals of rating and information and analytical agencies, blogs and social networking groups.Reso insurance payments
at the addressSt. Petersburg, Rustaveli str., no. 53 Maximu-Lakhta Service LLC. Reso-Garantia. to Bogdanov.Irina Yurievna. Gives out incorrect information, presents sample statements from her own hand, delivers information about working with your department of statements, correspondence by mail on her behalf. (There is evidence, she personally gave me information from her work mail, a message with managers, specialists in remote claims settlement ) with your employees, for their own selfish purposes. In terms of work. The person is trying to deceive anyone, do not believe her. Maxim Car Insurance / OSAGO November 11, 2019 09:57 October 23, 2019 was injured in an accident.
The insurance company Reso-Garantia is in the TOP 10 of the largest and most reliable companies in the entire Russian Federation. However, in the national rating this company occupies far from a leading position, this is primarily due to the company’s policy, which is focused on new clients and does not care about clients at all who are already paying her money.
Therefore, Reso-Garantia Insurance Company does not take into account the opinions of its policyholders and significantly underestimates the amount of insurance payments, delays the timing of their implementation, and often does not pay at all, refusing to pay insurance compensation on completely flimsy and untenable grounds.
Thus, the insurance giant's lawyers underestimate the size of the insurance payment by an average of 5 times. In this situation, the most surprising thing is the connivance of government bodies represented by Rospotrebnadzor, Rosstrakhnadzor and the Russian Union of Auto Insurers. In the presence of such statistics available in the courts (understatement of insurance payments by 5 times and 95% of court cases won by policyholders), it is necessary to apply certain administrative measures, for example, deprivation of a license to carry out insurance activities.
But this is not happening and, most likely, will not happen. Therefore, the insured has only one thing left to do - collect his thoughts and go to file a claim in court to protect his rights and strengthen the already established positive judicial practice.
Reso-Garantia pays little for insurance. In other words, the amount of insurance compensation is significantly lower than the cost of restorative repairs of the car.
There is nothing terrible in this situation, this is just part of the marketing policy of SK Reso-Garantia. Reso underpays everyone who comes with this demand and half of these people leave with money that cannot be used to repair their car. And only some of them will decide to go to court and forcefully collect their money.
Even taking into account the reimbursement of all legal costs and expenses for conducting an assessment and examination, it is quite obvious that it is profitable for Reso to pay half the money according to the court decision, and pay half 5 times less than necessary.
Decisions to collect money from the insurance company 
What to do if Reso pays little?
First, you need to submit a pre-trial claim. But, as practice shows, this does not resolve the issue on the merits, but only contributes to a positive decision by the court.
In any case, it is better for a lawyer to deal with the issue already at the stage of filing a claim. Thus, it will be possible to provide all the documents necessary within the framework of the chosen legal vector, which he will adhere to in court.
At the next stage, you need to assess the cost of restorative repairs of the car and file a claim in court against the insurance company Reso.
The lawyer to whom you entrust the conduct of your case must have experience in handling such cases, since at any stage of the fight against Reso you will encounter company employees who know all the tricks and loopholes in order not to pay you money. In court, it is also necessary to support the stated claims and successfully resist the arguments of Reso’s lawyers.
Our phone number is +7-905-5555-200
Case No. 2-128/11
SOLUTION
Moskovsky District Court of St. Petersburg composed of:
Presiding judge Volkovich V.M.
Under secretary Smirnova A.V.
With the participation of lawyer V.V. Storublevtsev.
Having considered in open court a civil case based on the claim of Martynova E.V. to RESO-Garantiya Insurance Company for the collection of insurance compensation, interest,
INSTALLED:
Martynova E.V. filed a lawsuit against the defendant RESO-Garantiya Insurance Company for the recovery of insurance compensation, interest, citing the fact that DD.MM.YYYY she entered into an insurance agreement with the defendant for a car of the brand “IVECO STRALIS 430” g.r.z.<данные изъяты>, owned by her, valid from DD.MM.YYYY to DD.MM.YYYY, in the amount of 47,720 US dollars for the risks of “damage” and “theft”. DD.MM.YYYY the specified vehicle was stolen. A criminal case was opened on this fact; the stolen car was not found. The plaintiff applied to the insurance company for payment of insurance compensation, providing all the necessary documents. DD.MM.YYYY the defendant paid part of the insurance compensation in the amount of 867,008 rubles. and the corresponding calculation is presented. The plaintiff believes that the defendant did not pay the insurance compensation in full, and therefore asks to recover 400,916 rubles as insurance compensation. 65 kopecks, as well as interest for the use of other people's funds for the period from DD.MM.YYYY to DD.MM.YYYY, expenses for paying state duty, representative services, paying for an expert report and paying for a forensic examination (case sheet 5- 6, 178-179).
Plaintiff Martynova E.V. did not appear at the court hearing, instructing lawyer V.V. Storublevtsev to represent her interests, who appeared at the court hearing and insisted that the claims be satisfied in full (case sheets 78-80).
Representative of the defendant OSAO "RESO-Garantiya" Sokolova Yu.V. appeared at the court hearing, objected to the stated claims in full, and, in addition, explained that the defendant fulfilled its obligations under the insurance contract in full, and therefore interest was paid in accordance with Art. 395 of the Civil Code of the Russian Federation are not subject to collection. In addition, she pointed out that the costs for a representative were too high.
Having listened to the explanations of the parties, studied the case materials, reviewed the criminal case materials, established the relevant circumstances in the case, analyzed and assessed the presented evidence in its entirety, the court considers it possible to satisfy the claims of Martynova E.V. for the following reasons.
The court found that DD.MM.YYYY between RESO-Garantiya OSJSC and E.V. Martynova. an insurance contract was concluded for a vehicle (policy No. SYS314572566) - a car of the brand “IVECO STRALIS 430”, reg.z.<данные изъяты>, 2003 release (case sheet 22). From this agreement it follows that its validity period is from DD.MM.YYYY to DD.MM.YYYY, the insured amount for the risk of “theft” is 47,720 US dollars, a circle of persons defined by specific characteristics is allowed to drive the specified vehicle.
As can be seen from the case materials and materials of the payment case No. AT 1919219, Martynova E.V. represented by its representative DD.MM.YYYY contacted the Payment Center<адрес>IJSC "RESO-Garantiya" with notification of the theft of the insured vehicle (case sheet 47-48).
The court found that DD.MM.YYYY, in connection with the theft of the plaintiff’s vehicle, a criminal case was initiated on the grounds of a crime under Art. 158 part 4 paragraph “b” of the Criminal Code of the Russian Federation (case file 64). By resolution dated DD.MM.YYYY, the proceedings in the case were suspended for failure to identify the persons subject to criminal liability (case file 71).
By virtue of clause 12.8 of the Rules, in the event of theft of an insured vehicle, the amount of insurance compensation is determined based on the insured amount for the risk of “theft”, taking into account wear and tear of the vehicle during the validity period of the insurance contract (clause 5.9 of the Rules).
According to clause 5.9 of the Rules, during the period of validity of the insurance contract, the Insurer applies the following depreciation rates for the insured vehicle (as a percentage of the insured amount): for the 1st year of operation - 20% (for the first month - 3%, for the second - 2%, for the third and subsequent months - 1.5% for each month); for the 2nd year of operation - 15% (1.25% for each month); for the 3rd and subsequent years of operation - 12% per year (1% for each month).
DD.MM.YYYY the defendant calculated the amount of insurance compensation in the amount of 867,008 rubles. (case file 41) taking into account the assessment of the cost of the vehicle of KAR-EX LLC (case file 187-191) and the specified amount was paid to the plaintiff DD.MM.YYYY (case file 30), which they did not disputed. In this case, the calculation of insurance compensation is made taking into account the wear and tear of the car.
The plaintiff does not agree with the amount of the insurance compensation paid, believing it to be underestimated, and therefore, in support of his demands for recovery of the amount of insurance compensation in the remaining part, Martynova E.V. presented a report on the valuation of the car of Aspect LLC, according to which the market value of the vehicle was 1,704,000 rubles. (ld. 121-150).
If the agreement of the parties, including the insurance rules in force with the insurer, provides for taking into account the depreciation of the insured property when determining the amount of insurance payment, this rule is subject to application.
In accordance with Art. 943 of the Civil Code of the Russian Federation, the conditions under which an insurance contract is concluded can be determined in the standard rules of insurance of the corresponding type, adopted, approved or approved by the insurer. Conditions contained in the insurance rules and not included in the text of the insurance contract are binding on the policyholder if the contract directly states the application of such rules and the rules themselves are set out in the same document with the contract or on its reverse side or attached to it. In the latter case, delivery of the insurance rules to the policyholder upon conclusion of the contract must be certified by an entry in the contract.
From the text of the insurance policy it follows that the plaintiff received the Insurance Rules and agrees with them.
Under these circumstances, the Insurance Rules are subject to application to the legal relations that have arisen between the parties.
As stated above, clause 12.8 of the Motor Vehicle Insurance Rules of RESO-Garantia Insurance Company - in the event of theft of an insured vehicle, the amount of insurance compensation is determined based on the insured amount for the risk of “theft”, taking into account wear and tear of the vehicle during the validity period of the insurance contract (clause 5.9 Rules).
According to Art. 947 of the Civil Code of the Russian Federation, the amount within which the insurer undertakes to pay insurance compensation under a property insurance contract (insurance amount) is determined by an agreement between the policyholder and the insurer in accordance with the rules provided for in this article. When insuring property, unless otherwise provided by the insurance contract, the insured amount should not exceed their actual value (insurance value). This value is considered to be the actual value of the property at its location on the day the insurance contract is concluded.
By virtue of Art. 948 of the Civil Code of the Russian Federation, the insured value of property specified in the insurance contract cannot be subsequently disputed, except in the case where the insurer, who did not exercise its right to assess the insurance risk before concluding the contract (clause 1 of Article 945), was deliberately misled regarding this cost.
In accordance with Article 431 of the Civil Code of the Russian Federation, when interpreting the terms of an agreement, the court takes into account the literal meaning of the words and expressions contained in it.
As can be seen from the text of the insurance contract (RESOauto policy), concluded with Martynova E.V., the parties came to an agreement and determined the insured amounts for the insured risks.
The defendant, in his calculation (case sheet 41), indicates that the cost of the vehicle at the time of concluding the insurance contract was 942,400 rubles.
According to expert opinion No. D-2-128/11 (additional forensic examination) dated DD.MM.YYYY, the market value of the plaintiff’s vehicle, taking into account the wheeled modification of this vehicle, at the time of concluding the insurance contract DD.MM.YYYY was 1,560,000 rubles. (ld. 162-174).
This expert opinion was assessed by the court and taken into account, because does not contradict other evidence presented and explanations of persons participating in the case, and also complies with the principles of admissibility of evidence.
Thus, the court finds it established that the actual value (insurance value) of the plaintiff’s car at the time of concluding the insurance contract was 1,560,000 rubles.
The occurrence of an insured event (theft of a car) provided for in a property insurance contract entails the recovery from the insurer of the amount of insurance compensation within the limits of the actual value of the car determined at the time of concluding this contract.
The court found that the defendant paid an insurance compensation of 867,008 rubles, that is, in a smaller amount than the actual value of the vehicle established by a forensic examination, and also less than the insured amount established by the insurance contract.
Under these circumstances, the court comes to the conclusion that the payment of insurance compensation to the plaintiff was not made by the defendant in full, and therefore the plaintiff’s demands for recovery of the unpaid part of the insurance compensation must be satisfied. At the same time, the court draws attention to the fact that, according to the conclusion of the forensic examination, the actual value of the plaintiff’s vehicle at the time of concluding the insurance contract exceeds the insured amount for the risk of “theft”, and therefore the court considers it possible to calculate the insurance compensation based on the insured amount specified in the contract.
The calculation of the insurance indemnity presented by the plaintiff was verified by the court and found to be justified, and therefore the unpaid portion of the insurance indemnity in the amount of RUB 400,916 must be recovered from the defendant. 65 kop.
Also Martynova E.V. requests to recover from the defendant the costs incurred to pay for the report of Aspect LLC No. dated DD.MM.YYYY in the amount of 5150 rubles. (ld. 180). Assessing the necessity and validity of the expenses incurred by the plaintiff, the court believes that these requirements must be satisfied, since the production of a report on the assessment of the market value of the vehicle by the plaintiff was due to the need to protect its rights. In addition, the results of the assessment are close to the results of the forensic examination, and therefore the court considers it possible to recover from the defendant the specified costs in the amount of 5,150 rubles.
Among other things, Martynova E.V. also requests to collect interest for the use of other people's funds for the period from DD.MM.YYYY (deadline for payment of insurance compensation) according to DD.MM.YYYY (date specified in the claim) in the amount of 30,558 rubles. 76 cop., believing that the defendant unreasonably withheld payment of insurance compensation in part.
According to Art. 395 of the Civil Code of the Russian Federation - the use of someone else's funds as a result of their unlawful retention, evasion of their return, other delay in their payment or unjustified receipt or savings at the expense of another person is subject to payment of interest on the amount of these funds. The amount of interest is determined by the discount rate of bank interest at the place of residence of the creditor, and if the creditor is a legal entity, at its location on the day of fulfillment of the monetary obligation or its corresponding part. When collecting a debt in court, the court may satisfy the creditor's claim based on the discount rate of bank interest on the day the claim was filed or on the day the decision was made. These rules apply unless a different interest rate is established by law or agreement.
According to the explanations contained in paragraphs 1, 23 of the Resolution of the Plenum of the Armed Forces of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated DD.MM.YYYY No. “On the practice of applying the provisions of the Civil Code of the Russian Federation on interest for the use of other people’s funds” (hereinafter referred to as the Resolution of the Plenum), Art. 395 of the Civil Code of the Russian Federation provides for the consequences of non-fulfillment or delay in fulfilling a monetary obligation, by virtue of which the debtor is obligated to pay the money.
The plaintiff determined the period of delay correctly, since the defendant, by virtue of clause 12.3.1 of the Rules, had an obligation to pay insurance compensation in the period from DD.MM.YYYY to DD.MM.YYYY.
Under these circumstances, the demands for the collection of interest for the use of other people's funds are justified, the calculation presented by the court was verified and found to be justified, and therefore funds in the amount of 30,558 rubles are subject to recovery from the defendant. 76 kop.
The defendant's arguments that, by virtue of the provisions of Art. 951 of the Civil Code of the Russian Federation, interest is not subject to accrual and cannot be taken into account, since the court established that the amount of insurance compensation paid was unreasonable.
In accordance with Art. 56 of the Code of Civil Procedure of the Russian Federation, the parties are required to prove the circumstances to which they refer as the basis for their claims or objections. Failure by a party to use the said dispositive right to present objections or evidence in support of them entails a decision being made only on the evidence presented by the other party.
Under these circumstances, the court comes to the conclusion that the plaintiff’s demands are based on the law, and therefore must be satisfied in full.
In accordance with Art. 94 of the Code of Civil Procedure of the Russian Federation, the costs associated with the consideration of the case include amounts payable to experts.
As can be seen from the case materials, DD.MM.YYYY an additional forensic examination was appointed, the payment of which was entrusted to the plaintiff (case sheet 158-159).
The plaintiff paid for the examination in the amount of 9,000 rubles. (case file 181).
According to Art. 98 of the Code of Civil Procedure of the Russian Federation, the court awards the party in whose favor the court decision is made to reimburse the other party for all legal expenses incurred in the case. If the claim is partially satisfied, the legal costs specified in this article are awarded to the plaintiff in proportion to the amount of the claims satisfied by the court, and to the defendant in proportion to the part of the claims that were denied to the plaintiff.
Under these circumstances, from the defendant RESO-Garantiya Insurance Company in favor of Martynova E.V. The costs of conducting a forensic examination in the amount of 9,000 rubles are subject to recovery, as well as the costs of paying the state duty in proportion to the satisfied claims in the amount of 7,566 rubles. 25 kopecks
Based on Art. 100 of the Code of Civil Procedure of the Russian Federation, the party in whose favor the court decision was made, upon its written request, the court awards, on the other hand, the costs of paying for the services of a representative within reasonable limits.
By virtue of Art. 3 of the Code of Civil Procedure of the Russian Federation, the protection of the rights and legitimate interests of the plaintiff is entrusted to the court, and therefore, applying for protection of interests to the bar is not necessary for the plaintiff.
Since the case file contains written confirmation of the costs incurred by the plaintiff to pay for the services of lawyer V.A. Storublevtsev, and also taking into account that the plaintiff himself did not participate in all court hearings, and also taking into account the number of court hearings held with the participation of the specified representative, the court considers it possible to recover from the defendant in favor of the plaintiff, based on the principle of reasonableness, the costs of paying for the services of a representative in the amount of 20,000 rubles (case sheet 182-183).
Under these circumstances, the court comes to the conclusion that the plaintiff’s demands are based on the law and are justified, and therefore must be satisfied.
Based on the above and guided by Art. Art. 395, 929, 943, 947, 948 Civil Code of the Russian Federation, Art. Art. 12, 55, 56, 67, 94, 98, 100, 194-199 Code of Civil Procedure of the Russian Federation, court
Claims of Martynova E.V. to RESO-Garantiya Insurance Company for the collection of insurance compensation and interest - to satisfy.
To recover from RESO-Garantiya Insurance Company in favor of E.V. Martynova. insurance compensation in the amount of 400916 (four hundred thousand nine hundred sixteen) rubles 65 (sixty-five) kopecks, interest for the use of other people's funds in the amount of 30558 (thirty thousand five hundred fifty-eight) rubles 76 (seventy-six) kopecks, assessment expenses in the amount of 5150 ( five thousand one hundred and fifty) rubles, the cost of paying for a forensic examination in the amount of 9,000 (nine thousand) rubles, the cost of paying the state duty in the amount of 7,566 (seven thousand five hundred sixty-six) rubles 25 (twenty-five) kopecks and the cost of paying for the services of a representative in the amount of 20,000 (twenty thousand) rubles, for a total of 473,191 (four hundred seventy-three thousand one hundred ninety-one) rubles 66 (sixty-six) kopecks.
The decision can be appealed to the St. Petersburg City Court within 10 days by filing a cassation appeal through the Moskovsky District Court of St. Petersburg.
