Insurance indemnity reso guarantee. Rules for comprehensive insurance and compulsory motor vehicle insurance "reso guarantee"
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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 payment of state duty, representative services, payment for an expert report and payment 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 kopecks
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 kopecks
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, at 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 IJSC "RESO-Garantiya" for the collection of insurance compensation, 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.
20 Mar
0 1 172
Consideration of a claim against the insurance company "Reso-Garantia"
Have you received a refusal from an insurance company to pay insurance compensation under CASCO? Don’t give up; a competent lawyer will help resolve the issue in a positive way.
PROBLEM:
Citizen T.Kh. contacted me, whose car was damaged in an accident and received significant damage. The insurance company denied T.H. in payment of insurance compensation. The refusal is motivated by the fact that the owner of the car, T.Kh. did not include in the insurance contract the person who was driving the vehicle at the time of the accident. In addition, the insurance company referred to the fact that the driver did not receive a driver's license and did not have the right to drive a car.
Categorically disagreeing with the actions of the insurer "Reso-Garantiya", citizen T.Kh. asked to protect his rights, since the car is pledged to the bank and he has an obligation to repay the loan.
SOLUTION:
Having received an unfounded refusal, I calculated the amount of compensation and sent the company “Reso - Guarantee” a claim for payment of insurance compensation to T.Kh.
The insurance company evaded compliance with the requirements, which became the reason for going to court in the interests of T.Kh.
At my request, Sberbank of Russia was brought in as a third party in the case, whose collateral was T.Kh.’s car. Also, during the consideration of the case, I was a forensic auto-commodity examination was initiated, the results of which established that the vehicle was a complete loss.
The court's attention was focused on the fact that the terms of the insurance contract, which the Reso-Garantia company referred to as the reason for refusing to pay compensation, do not comply with current legislation.
The court took into account the presented calculations of the amounts of compensation and considered them reasonable.
RESULT:
The court regarded the actions of the insurance company as illegal and satisfied the claims of T.Kh.
As a result of the lawyer’s painstaking work, by court decision the following were recovered from the insurance company:
— insurance compensation in the amount of more than 1,000,000 rubles;
- interest on the use of other people's money;
— fine for failure to comply with the plaintiff’s demands;
- moral damage;
— legal costs associated with payment for the services of a representative, an independent expert, and notary services.
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SOLUTION
NAME: RUSSIAN FEDERATION
On December 4, 2009, Magistrate Judge of the court district No. 418 of the Presnensky district of Moscow, Kiryanen E.D., with secretary Kolganova Yu.V., with the participation of the representative of the plaintiff Zhukov P.L., the representative of the defendant M.O.V., having considered open court hearing civil case No. 2-***/09 on the claim of M.I.A. to RESO-Garantiya Insurance Company for compensation for damage caused as a result of a traffic accident,
INSTALLED:
The specified road traffic accident occurred due to a violation of traffic rules by the driver M.A.V., who was driving a Lexus RX 300 car, state registration plate P970ХМ177, whose civil liability was insured by RESO-Garantia Insurance Company,
The plaintiff applied to RESO-Garantiya Insurance Company with an application for payment of insurance compensation. The insurance company inspected the plaintiff's damaged vehicle and... Having organized its independent examination, it paid the plaintiff an insurance compensation in the amount of 8,614 rubles. 69 kop.
The plaintiff, not agreeing with the amount of insurance compensation paid by the defendant and with the results of the examination carried out by the defendant, applied for an independent examination, according to the results of which, the cost of restoration of the plaintiff’s car, taking into account wear and tear, was 25,347 rubles. 29 kop.
Considering his rights to be violated, the plaintiff asks the court to recover from the defendant RESO-Garantiya Insurance Company the lost insurance compensation in the amount of 16,732 rubles. 60 kopecks, costs of paying for an independent examination in the amount of 3900 rubles. 00 kopecks, postage costs in the amount of 682 rubles. 30 kopecks, expenses for notary services in the amount of 500 rubles, expenses for paying state fees in the amount of 602 rubles. 00 kopecks, expenses for paying for the services of a representative in the amount of 12,000 rubles.
At this court hearing, the representative of the plaintiff, after familiarizing himself with the forensic examination, clarified the claims and asked to recover from the defendant the lost insurance compensation in the amount of 12,958 rubles. 70 kopecks, costs of paying for an independent examination in the amount of 3900 rubles. 00 kopecks, postage costs in the amount of 682 rubles. 30 kopecks, expenses for notary services in the amount of 500 rubles, expenses for paying state fees in the amount of 602 rubles. 00 kopecks, expenses for paying for the services of a representative in the amount of 12,000 rubles.
The representative of the defendant RESO-Garantiya Insurance Company appeared at the court hearing and did not admit the claims.
Third parties did not appear at the court hearing, were duly notified, and asked to consider the case in their absence.
The court, having heard the parties and examined the case materials, finds the claims subject to partial satisfaction on the following grounds.
By virtue of Art. 15 of the Federal Law on Compulsory Civil Liability Insurance of Vehicle Owners of April 25, 2002 N 40-FZ, compulsory insurance is carried out by vehicle owners by concluding compulsory insurance agreements with insurers. Under a compulsory insurance contract, the risk of civil liability of the policyholder himself, another vehicle owner named in the compulsory insurance contract, as well as other owners legally using the vehicle are insured.
By virtue of Art. 929 of the Civil Code of the Russian Federation, under a property insurance contract, one party (the insurer) undertakes, for the payment stipulated by the contract (insurance premium), upon the occurrence of an event provided for in the contract (insured event), to compensate the other party (the policyholder) or another person in whose favor the contract was concluded (the beneficiary) losses caused as a result of this event in the insured property or losses in connection with other property interests of the insured (pay insurance compensation) within the amount specified in the contract (insurance amount).
By virtue of Art.! Federal Law on Compulsory Civil Liability Insurance of Vehicle Owners dated April 25, 2002 N 40-FZ, contract of compulsory civil liability insurance of vehicle owners (hereinafter referred to as the compulsory insurance contract) is an insurance contract under which the insurer undertakes for a fee stipulated by the contract (insurance premium ) upon the occurrence of an event (insured event) provided for in the contract, compensate the victims for damage caused to their life, health or property as a result of this event (make an insurance payment) within the limits of the amount specified in the contract (insurance amount). Compulsory insurance contract: concluded in the manner and on the terms provided for by this Federal Law, and is public.
Between K.M.A. and RESO-Garantiya IJSC entered into an agreement on compulsory insurance of civil liability of vehicle owners. In accordance with which Makarova A.V. is a person authorized to drive a vehicle.
The conditions under which the compulsory insurance contract was concluded are defined in the Rules for compulsory civil liability insurance of vehicle owners, approved by Decree of the Government of the Russian Federation on May 7, 2003 No. 263.
In accordance with clause 7 of the Rules of Compulsory Insurance, an insured event is recognized as the occurrence of civil liability of the insured, other persons whose risk of liability is insured under a compulsory insurance contract, for causing harm to the life, health or property of victims when using a vehicle, which entails the obligation of the insurer make an insurance payment.
In accordance with clause 73 of the Compulsory Insurance Rules, 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, the insurer is in any case obliged to make an insurance payment in the part that is not disputed by it.
At the court hearing, it was established that as a result of a collision that occurred on March 17, 2009, with a Lexus RX 300 car, state registration plate *****177, driven by driver M.A.V., owned by K.M. A., with a Hyundai Elantra car, state registration plate *****199, driven by Zh.K.V., owned by M.I.A., a Hyundai Elantra car, state registration plate * ****199, received mechanical damage.
As can be seen from the materials of the administrative case, the specified traffic accident occurred as a result of violation of traffic rules of the Russian Federation by driver M.A.V.
Due to the fact that the civil liability of the harm-cauter is insured by RESO-Garantiya Insurance Company, the plaintiff applied to the defendant for payment of insurance compensation.
The insurance company, having inspected the plaintiff’s damaged vehicle and organized its independent examination, paid the plaintiff the undisputed portion of the insurance
compensation in the amount of 8614 rubles. 69 kop.
The plaintiff, not agreeing with the amount of insurance compensation, applied for an independent examination (300 “AUTO-PROFI”), according to the results of which the cost of restorative repairs of the plaintiff’s car, taking into account the wear and tear of the parts being replaced, is 25,347 rubles. 29 kopecks.
In accordance with Art. 79 of the Code of Civil Procedure of the Russian Federation, if issues arise during the consideration of the case that require special knowledge in various fields of science, technology, art, craft, the court appoints an examination. The examination may be entrusted to a forensic institution, a specific expert or several experts.
Considering the need for special knowledge in determining the actual cost of restorative repairs of the plaintiff’s damaged car, the court, at the request of the defendant’s representative, ordered a forensic auto-technical examination, and its implementation was entrusted to the experts of Gos-Otsenka LLC. Payment for expert work is assigned to the defendant. According to the conclusion of the forensic automotive technical examination No. 6-500 dated October 24, 2009, the cost of restoration repairs, taking into account the wear of spare parts and the service life of the Hyundai Elantra car, state registration plate P011KE199, in relation to damage received as a result of a traffic accident, which occurred on March 17, 2009, is 21,573 rubles. 39 kopecks
The court has no reason to distrust the conclusion of the forensic examination conducted by GosOtsenka LLC, since it is logical and consistent with the case materials.
The court accepts the conclusion of this examination as evidence, since the expert has sufficient experience and has the necessary qualifications to establish the circumstances indicated in the expert report, the expert gave a specific answer to the question posed by the court, the conclusion sets out in detail the research part of the examination, from which it is clear that in connection with which the expert came to this conclusion, the expert was warned of criminal liability under Article 307 of the Criminal Code of the Russian Federation for giving a knowingly false conclusion.
Since the assessment reports of AUTO-PROFI LLC and EX-PRO LLC, presented by the parties, contradict the conclusion of the forensic examination, the court is critical of this evidence and cannot use it as the basis for the court decision.
Based on the foregoing, and also taking into account the conclusion of the forensic auto-technical examination, the court considers it necessary to recover from the defendant the cost of restoration of the plaintiff’s damaged car in the amount of 12,958 rubles. 70 kopecks, which is the difference between the cost of restoration repairs, taking into account the wear and tear of replacement parts and components, determined by a forensic examination and the amount of insurance compensation paid by the defendant.
In accordance with Art. 98 Code of Civil Procedure. RF, the party in whose favor the court decision was made, the court orders the other party to reimburse all legal costs 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.
Based on the above, the costs of paying for an independent examination in the amount of 3,900 rubles are subject to recovery from the defendant in favor of the plaintiff. 00 kopecks, expenses for paying state duty in the amount of 640 rubles. 33 kopecks, postage in the amount of 682 rubles. 30 kopecks, expenses for notary services in the amount of 500 rubles, expenses for paying state fees in the amount of 602 rubles. 00 kopecks, and only 5571 rubles. 06 kop.
According to Art. 100 of the Code of Civil Procedure of the Russian Federation, the party in whose favor the court decision was made, at its written request, the court awards, on the other hand, the costs of paying for the services of a representative within reasonable limits.
Taking into account reasonableness (taking into account the preparation of the claim by the representative, his participation in the process, the complexity of the case), the court believes that the costs of paying for the services of the representative in the amount of 6,000 rubles are subject to recovery from the defendant.
Based on the above, guided by Art. Art. 194-198 Code of Civil Procedure of the Russian Federation,
Claim M.I.A. to IJSC "RESO-Garantiya" for compensation for damage caused as a result of a traffic accident to be partially satisfied.
To recover from RESO-Garantiya Insurance Company in favor of M.I.A. insurance compensation in the amount of 12985 rubles. 70 kopecks, legal expenses in the amount of 5571 rubles. 06 kopecks, expenses for paying for the services of a representative in the amount of 6,000 rubles. 00 kop.
In the rest of the claim M.I.A. refuse.
The decision can be appealed on appeal to the Presnensky District Court of Moscow within 10 days from the date of production of the decision in final form through court district No. 418.
The final decision was made on December 8, 2009.
Magistrate Kiryanen E.D.
05.10.11 an accident occurred between me, BBB policy No. 0167526034 (victim) and (culprit) BBB No. 0525933098 client of RESO-GARANTIA OSAO. The police officer recorded everything. Next, the RESO-GARANTIA office, recognition of the event as an insured event, an “independent” examination by RESO-GARANTIA, an offer to make a payment on a freely issued Barclays bank card, and finally payment for the insured event. All this within the time limits established by law and without complaints. Let's call it a PLUS.
Further about payment. According to the expert opinion based on the report on my case No. AT3082192,
RESO-GARANTIA IJSC paid insurance compensation in the amount of 29,018 rubles. 62 kopecks.
And based on ordering a work order to carry out restoration repairs and purchase used spare parts, the amount was 50,500 rubles. 00 kopecks. Feel the difference! Let's call it a MINUS.
I want to emphasize that this car service is not expensive in terms of prices for repairs (checked) and the spare parts were not bought new, but used ones for dismantling and cost several times cheaper than new ones. And in order not to be unfounded, I will write what was used for replacement and repair according to the estimate “independent examination” and what can be replaced and what can be repaired in the service on request along with.
So:
According to the report of an “independent examination” In the order service along with
1) Trunk lid - replacement, painting 1) Trunk lid - replacement, painting
2) Rear bumper - replacement, painting 2) Rear bumper - replacement, painting
3) Bumper molding - replacement 3) Bumper molding - repair
4) Bumper spoiler - replacement 4) Bumper spoiler - repair
5) Parking sensor - replacement, painting 5) Parking sensor - repair, painting
6) Left rear light - replacement 6) Left rear light - replacement
7) Inscription FOCUS - replacement 7) Inscription FOCUS - repair
8) Gutter gutter - repair, painting 8) Gutter gutter - repair, painting
9) Rear panel - replacement, painting 9) Rear panel - repair, painting
Now let’s estimate how much the restoration repair would cost me if instead of repairing (9) Rear panel, 5) Parking sensor, 4) Bumper spoiler, 3) Bumper molding, 7) FOCUS inscription) I had to buy these seven spare parts , as written in the “independent examination” report (replacement). Thanks to the guys from the service, they understand the client and are ready to reduce his costs with his consent.
RESO-GARANTIA OSAO also understands the costs, but alas, not the client, but the costs of its own company, which is confirmed by the amount of payment in case No. AT3082192, at least for today, but today is not the end of the world, I will act, maybe something will change in the best side.
I would also be able to understand the underestimated amount of payments for an insured event if an insurance company client constantly but unintentionally gets into an accident, or, on the contrary, deliberately and repeatedly substitutes in order to obtain insurance, or uses new spare parts during restoration repairs, thereby increasing the amount of his expenses.
But specifically in my case, spare parts were bought used, only what could not be fixed was replaced, what could be repaired was repaired, and not stupidly changed, and the service was not expensive and still there was not enough payment. By the way, I myself am an insured
OSAO RESO-GARANTIYA for 8 or 9 years now, constantly and on two cars, and I never once emphasize that during these years I have not framed OSAO RESO-GARANTIA for payments due to my fault.
Tomorrow, the day after tomorrow, I will send by mail a pre-trial claim to RESO-GARANTIA OSAO for underestimating the amount of damage caused to my vehicle. Of course, there is not enough time for all this trouble, but I have not used the representative yet and if this home-grown payment in my case does not move, then of course I will have to take advantage of its services in full. Then no one canceled the letters of complaint to the FSSN, FSSR, RSA, Ministry of Finance, Television, Government of the Russian Federation, but that’s all if...
At the moment, I don’t need anything extra, in terms of morals, etc., but I’m not going to give away my money either.
I think that this is not the last review, and what the next one will be depends of course on the actions
OSAO RESO-GARANTIYA.
Sincerely, Alexander. I’m not giving a rating YET. Everything is fair.
And to everyone: No nail, no rod, no insured event!
I liked poking the appraiser’s photographer’s nose so that he would photograph all the defective details, and not what he wanted. The poor fellow even pinched his finger when he climbed under the bumper, under my strict guidance.
Payment amount.
Payout speed
Payment amount
Quality of service
Reply to review
Representative of the UK
Alexander Yurievich, good afternoon!
We inform you that the MTPL Law obliges insurance companies to enter into contractual relations with independent expert organizations in order to inspect the vehicle and prepare cost estimates for restoration repairs. Accordingly, this independent examination service is provided free of charge to our clients.
In that part of the documents that the insurance company is obliged to provide you, RESO-Garantiya has fulfilled its obligations.
Please note that the expert opinion is the property of an independent expert.
In this regard, you can receive a complete set of documents with photographic materials and licenses by directly contacting an independent expert and paying for the services yourself.
Thank you for your contact.
On the eve of the New Year, we wish you and your loved ones prosperity and accident-free roads.
Sincerely,
Vera Ivanovna Labur
21.12.11
Good afternoon, Alexander Yurievich!
On October 6, 2011, you contacted the Payment Center on Nagorny Proezd with an application for payment of insurance compensation for damage to your 2006 Ford Focus vehicle.
Based on the results of consideration of the payment case, on October 11, 2011, you were paid an insurance compensation in the amount of 29,018.62 rubles.
On November 1, 2011, you received a letter requesting that you provide a copy of the insured event report, the vehicle inspection report and the calculation of the restoration repairs.
On November 23, 2011, the requested documents were sent to your address by official letter.
You have not received any statements of disagreement with the amount of insurance compensation paid to you, as well as documents confirming the actual costs incurred by you to repair the vehicle.
In this regard, we cannot comment on your message regarding the funds you spent on restoring the vehicle.
Sincerely,
_________________________________
Vera Ivanovna Labur
Deputy Head of the Customer Service Quality Department.
Head of the department for working with reviews of RESO-Garantiya Insurance Company
"RESO-Garantiya" is one of the many insurance companies that operate in the Russian Federation. Nowadays, many people seek to insure their lives, their property, and so on. However, desire is one thing, commitment is another. Whether to insure your home or not is a decision that each person makes independently. He can invest money in insurance and receive financial compensation in the event of an accident, or he can rely on luck and hope that nothing happens.
This business is quite profitable for insurance companies such as RESO-Garantiya - payments are usually made not so often, and income is received constantly. But here you should pay attention to such a thing as compulsory motor liability insurance. What it is? If you live in the Russian Federation and own a vehicle, then most likely you already know about this. If not, then you should know that compulsory motor liability insurance is a mandatory insurance policy that will cover the costs of compensating damage to a third party injured due to your fault, be it vehicle repair, treatment or funeral. What makes this policy stand out is that it is mandatory, that is, every car owner must insure it under MTPL. And, naturally, the question arises - where to turn?
There are a large number of different insurance companies, however, as you may have already understood, in this article we are talking about the RESO-Garantiya company. Payments are what every car owner is primarily interested in, since this parameter is often the key one. That is why this article will describe everything you need to know about payments under MTPL and other policies of the RESO-Garantiya company.
Calculation of the amount of insurance payment: what is taken into account
So, the first thing that interests every person is how exactly the amounts for the insurance of the RESO-Garantia company are calculated? Payments in this case are calculated according to a standardized formula without introducing any personal elements. Factors taken into account include the country in which your car was manufactured, the amount of use and wear and tear of the car, and the region of insurance.
This may be unexpected, but different regions of the country have different coefficients, so do not be surprised if payments in one district of the Russian Federation are higher than in another, despite all other indicators being equal. Accordingly, the payment calculation system is as transparent as possible, and if necessary, you can clarify all the details with a specialist. But you won’t need this, since at RESO-Garantiya, payments never raise any questions for any clients.
Payments for damaged car parts
Many users are wondering in what cases they can count on insurance payments. RESO-Garantiya is a large insurance company that has too large a customer base to try to deceive anyone for profit. This way, you can trust what the experts tell you.
In this case, when it comes to damage to any element of your car in a traffic accident, much depends on the condition in which this part was. For example, if you already had a dented bumper that was further damaged in an accident, then you will not be paid. The wear and tear of the car is also taken into account: if your car is many years old, then the payments will accordingly be lower - up to fifty percent with a lot of wear and tear. If you are repairing or replacing a particular spare part, then you should definitely keep all the relevant documents and proof of payment. Then you can submit these documents to the insurance company, which will affect the final payments. RESO-Garantiya is a company that takes absolutely every detail into account, so if you can prove that your bumper was new at the time of the accident, then you will be reimbursed for the full cost of the part, its repair and installation.
Payment information and receipt
There is another very important point in the issue of insurance - obtaining information on payments. Many people are lost because they cannot figure out what payments they are entitled to, what they can claim, how to get it, how to find out about all this, and so on. Naturally, this is a common problem, because people, most often, are not lawyers or highly specialized specialists to understand absolutely everything. This is why they turn to professional companies and this is where you need to be careful.
Since insurance has recently become a very popular and relevant field of activity in the Russian Federation, you may accidentally turn to an unreliable specialist who will try to deceive you. This will not happen if you contact a large, trusted company that has an office, a customer base, and a full-fledged payment center. "RESO-Garantiya" is one of the largest insurance companies in the Russian Federation, so you can safely contact its employees to get all the necessary information about your policy and payments under it.
Reviews from users who contacted this insurer prove this fact - the specialists working at RESO-Garantiya are professionals in their field, working for the benefit of the client. So, if you have your policy number, which you receive in the office, by email and even by SMS, then you will be able to receive full support for any incident covered under your insurance. To receive the promised funds, you will only need to contact the official payment center “RESO-Garantiya” - no “murky” schemes, complete formality and transparency, which is what people in this company appreciate and are quick to note in their positive reviews.
Amounts of payments and penalties in excess of the norm
So, now you know how to find out the payment from RESO-Garantiya: to do this, you need to contact the company directly, since there is no specific amount. Payments are calculated taking into account all the circumstances, the condition of your car, its wear and tear, as well as many other factors. The most important thing you should know is that if you become a third party in a traffic accident, that is, you find yourself injured, then you may be paid up to 400 thousand rubles from the policy of the at-fault driver. At the same time, as mentioned above, absolutely every little detail is taken into account - the condition of your car before the accident is studied according to the documents, the wear of all damaged parts, and if they were already damaged before the accident, compensation for replacement or repair may be excluded from insurance payments.
Therefore, you should contact RESO-Garantiya - the payment terms here are more than acceptable, but the insurer will impartially consider all the details of the case and will not try to reduce the amount of payments, as small and unverified companies do that lure clients with supposedly profitable offers. It is better to overpay a little, but then have confidence that you will receive your insurance payment. If we are talking about the fact that you damaged a third party’s car, then compulsory motor liability insurance plays into your hands in that the insurance company will pay all the costs of compensating the victim, otherwise you might be asked to voluntarily give money for repairs, and if you refused , they would try to do this through the courts.
Please note that you can also go to court to receive compensation on top of what was paid under OSAGO - but for this you must have the appropriate grounds.
OSAGO and CASCO - what is it?
Separately, it is worth paying attention to payments under CASCO - "RESO-Garantiya" issues insurance policies of both types, however, novice motorists are not always able to understand what each of them is. You can write a lot on this topic, but now it’s important to just get a general idea of what each of the policies covers, so that you don’t have questions when you want to receive payments under compulsory motor insurance or payments under CASCO. "RESO-Garantiya" deals with insurance at a professional level, so you can find out all the details on the spot, but first you need to have basic knowledge.
So, CASCO is an insurance policy that you take out to insure your own car in case of damage in a traffic accident. Everything here is quite simple: you get into an accident - and you turn to the insurer so that it pays for repairs or simply pays a certain insurance compensation, the amount of which, as you may already understand, depends on many factors.
Differences between OSAGO and CASCO
With compulsory motor liability insurance, everything is not so simple - many motorists do not fully understand what kind of policy it is. With it, you insure your liability as a driver in case of traffic accidents that occur between two or more vehicles. What does this mean? This means that CASCO covers the damage your car receives in an accident, and MTPL covers the damage you cause to other participants in the accident. Accordingly, at RESO-Garantiya you receive insurance payments under CASCO, and under OSAGO - the person who suffered damage due to your fault.
The importance of official registration
If you are bound by contractual obligations with RESO-Garantiya, the company’s payment department will always be open to you. However, you need to make sure that you are purchasing a policy from this company and not from any other or, even worse, from a scammer. User reviews on the Internet (both on the company’s website and on some other resources) have repeatedly indicated that car owners appeared in the RESO-Garantiya payment department, trying to obtain payment under an insurance policy that simply was not in the company’s database .
The problem here is that scammers very often turn to naive citizens, offering to quickly, cheaply and effectively issue an insurance policy, hiding behind the names of large companies such as RESO-Garantiya. As a result, the car owner pays for the insurance, but cannot claim payment from the insurer because the insurer does not cooperate with this car owner. So be extremely careful and do not agree to offers coming from unverified sources.
If you want to issue an insurance policy with a guarantee of insurance payments, then you should do this only in the office of the RESO-Garantiya company or on the company’s official website. Otherwise, you will have to try to collect all payments in court - RESO-Garantiya will not be able to cover your expenses if your policy is not listed in the company’s database.