The loss of marketable value of a car under an insurance policy is a conditional value of a decrease in the market value of a vehicle restored to regulatory requirements after damage, compared with the market value of a similar undamaged car.
Simply put, this is the difference between the cost of a car that was in a road accident and a similar car that did not get into an accident.
Questions regarding the payment of insurance compensation for the loss of the commercial value of a car under OSAGO in 2020 provoke quite a lot of controversy.
This is due to the fact that the number of claims from victims to insurance companies has significantly increased, applying for compensation for damage as a result of TCB.
TCB is established by law and drivers should definitely familiarize themselves with this topic. Since they have the opportunity to independently monitor the observance of all their rights.
The loss of presentation under OSAGO is the damage that is caused as a result of an accident. At the same time, the cost of the car decreases due to the deterioration in the appearance of the car and the durability of its individual parts.
In accordance with the Ruling of the Supreme Court of 2015, all insurers are required to reimburse the lost value of a car. The basis for determining the TCB for OSAGO is the market value of the vehicle.
It follows from this that the more expensive the cost of the car, the more profitable it is to defend the right to compensation.
Lost value includes the following:
- loss of appearance, violation of the paintwork;
- additionally, the reduction in performance is taken into account;
- deterioration in the strength of the technical components of the vehicle due to repair.
In order for the insurance company to compensate the TCB of a vehicle under OSAGO in 2020, the following conditions must be met:
- If the car is foreign-made, the year of its release should not exceed five years. For domestic production and CIS countries - no more than three years.
- The driver of the vehicle was not at fault for the accident.
- The amount of compensation should not exceed 400 thousand rubles.
- Parts that are considered under the TCB for an accident that has occurred must not be damaged as a result of previous accidents. Since the loss of the commodity value of the car under the insurance policy is provided only for new parts.
All payments under TCB are made on the basis of a court decision.
Video: Loss of the commodity value of a car. TCB
Any damage that leads to the loss of commodity value, after its restoration, has a certain coefficient. Its value is influenced by the category of repair work and the details that are being repaired.
In some cases, after a serious accident, the amount of TCB can be more than 10% of the total value of the vehicle.
The procedure for reimbursement of TCB for OSAGO in 2020 is regulated by the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of 01/29/2015.
In accordance with this document, insurers are required to cover damage of this kind.
But despite the fact that TCB is recoverable under OSAGO, practice shows that almost no insurance company pays TCB voluntarily. In most cases, TCB is compensated after a pre-trial claim or additional application is filed. According to statistics, if a pre-trial claim is drawn up correctly and competently, then in 99% of cases, insurers pay out TCB in a pre-trial order. Thus, the insured is entitled to compensation for the TCB and coverage of losses from the repair of a damaged car.
In order to receive TCB for OSAGO, if the insurer refuses to pay, you must follow the following instructions:
- Calculate the TCB and receive the "Act for calculating the cost of loss of the presentation of the vehicle." An examination of the TCB can be carried out in any independent organization that is engaged in determining the cost of refurbishment. To do this, experts need to provide a certified copy of the calculation of the repair work carried out and an inspection report of the damaged car, if the insurer performed these actions.
- After that, you should write an application to the insurance company for TCB for OSAGO and attach the existing act to it.
- If the insurer still refuses to pay, you need to file a claim with the court. It is drawn up for the insurance company of the culprit. In the event that it has become bankrupt, or the amount of insurance compensation exceeds the limit of payment for OSAGO for property, the statement of claim is drawn up directly to the person guilty of the accident.
An application to the insurance company for TCB under OSAGO must be drawn up without fail. It is submitted for registration to the office of the insurance organization in two copies.
The first, certified copy, goes to the management for consideration, and the second is given to the applicant.
As a rule, a statement of claim is drawn up, because the procedure for reimbursement of TCB has not yet been fully developed. Thus, not all insurers will immediately rush to satisfy these requests.
To solve the problem, it is important to know how to fill out the application correctly.
The document should consist of the following items:
Documents to be submitted with the application include the following:
The calculation of the loss of the commodity value of the car can be carried out using different methods.
But there are the main ones that are most often used by experts:
- Methodology of the Ministry of Justice of Russia.
- Guideline methodology.
- Halbgewachs technique.
But it is important to understand that when using any method, it makes no sense to carry out the calculation if the level of car wear exceeds 40% and the age is more than 5 years.
This is because the cost of the TCB depends on the value of the car at the time the accident occurred.
Guidance document method
The guidance document method is considered the most complex calculation procedure. Only people with excellent mathematical abilities can execute it correctly. An inaccurate calculation by official structures will not be accepted.
This method is performed using the following formula: X total = X car. + X e. + X env. + X body,
- X total - total loss of commodity value;
- X car. - the cost of repairing the body frame;
- X email - the cost of repairing removable body fragments;
- X env. - the cost of full or partial painting of the body;
- X body. - the cost of work on changing the body or repairing those parts that violate the geometry of the body.
Each component of the formula is calculated separately. X email can be determined by the formula:
X email = К2×∑К1×Цi
- K1 is the coefficient of change in the TCF, which depends on the method of repair work or their nature;
- Ci - the retail price of the part that needs to be repaired;
- K2 is the coefficient of change in CTS, which depends on the level of wear of the part;
- m is the number of parts to be repaired.
Halbgewachs method
The Halbgewax technique is the easiest to use. In Russia it is not used as often as in Europe. Its viability is being questioned.
The calculation takes into account the total cost of repairs without determining the type of repair, which led to a large TCB.
For calculation by this method, the following formula is used: UTS \u003d (K ÷ 100) × (CR + CO),
- K is the coefficient of maximum loss of TCB, applied using the Halbgewax table;
- CR - the market value of a car, taking into account its wear and tear;
- CO is the total cost of repairs.
To determine the coefficient of maximum loss of TCB from the table, you need to calculate two more indicators:
- the ratio of the relative cost of repairs - A;
- the ratio of the cost of work to the cost of materials and spare parts - B.
A=(SO÷CR)×100%;
V=(SR÷CM)×100%,
- SR - cost of work;
- CM is the cost of materials and spare parts.
Most claims in judicial practice are satisfied in favor of the requirement for the insurer to pay the TCB. But there are also negative results.
This may be due to incorrectly completed documents, abuse of the amount and for other reasons that the court deems incompetent on the part of the applicant.
In such cases, insurance companies win cases, not their customers. Therefore, there is no certainty that the TCB of the car can be reimbursed through the insurance company.
In judicial practice, it happened that the courts granted requests, motivating their decision by the Ruling of the Supreme Judicial Institution of the Russian Federation of 2013. Here the main role is played by the compliance of the car with all the parameters according to the rules for calculating the TCB.
If the car is too old, then you can file a lawsuit with the courts against the culprit of the accident. It is possible that the court will order the perpetrator of the accident to pay the amount of the reduced market value of the victim's car.
Thus, the insurance company must pay compensation for the decrease in the real market value of the car under the OSAGO policy. But TCB after an accident will be reimbursed only when certain conditions are met.
It is also important to take into account that if the OSAGO agreement contains a direct indication of the refusal to pay the TCB, then the court will support the side of the insurance company.
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8 comments
You need to collect a full package of documents, fill out the Sterkh claim about the insured event and send it by mail to the nearest loss settlement office. This is Krasnodar or Rostov-on-Don. Along with the documents, you need to send a telegram with a call to the Sterkh expert to inspect the car, indicating the date and address of the inspection, as well as indicate the contact phone number. They will contact you as soon as they receive the documents and either send an expert to you, or offer to provide a car for inspection at the nearest expert institution.
If you have any questions, please call.
My husband and I became participants in an accident, a group collision of 4 cars in a traffic jam, one of the participants did not have an OSAGO policy, so our company (INGOSSTRAKH) denied us compensation for losses. The culprit of the accident is insured in the company STERKH. We live in the village of Kanevskaya, 120 km from Krasnodar, where the nearest OSAGO office is located - STERKH. I am a car owner, my husband is a driver at the time of the accident, is it possible to apply to STERKH without going to the representative office in Krasnodar (we are pensioners, we do not insure and do not operate the car after an accident, because there was no examination). At STERX they do not answer calls and do not respond to e-mail messages, please help
“The procedure for reimbursement of TCB for OSAGO in 2019 is regulated by the Decree of the Plenum of the Supreme Court of the Russian Federation No. 2 dated January 29, 2015” - the author of the article and the site administration are apparently not aware that the Decree of the Plenum of the Supreme Court of the Russian Federation of December 26, 2017 N 58 the above decision was declared invalid))
Let's imagine a situation: you bought a new car in a car dealership, operated it for some time, and one of your "happy" days had an accident. Know from now on your car has lost in value.
Loss of the commodity price of the car (UTS) is a decrease in its value due to repairs that were caused by an accident.
A car that has not been in an accident is valued higher in the secondary market than the same car, but which has been in an accident, for the following reasons:
- Body deformations, loss of rigidity.
- Damage to the paintwork, extremely difficult to recover.
- Suspension damage.
- Application in the repair of auto parts already used before.
The size of the loss of the commodity price of the car I calculate the special expert appraisers, which are guided when calculating the costs of the necessary repairs, the price of auto parts, as well as the materials needed for repairs, while taking into account the current price of a new car and a similar one, but which someone has already traveled.
For which cars is the UTS calculated?
UTS is calculated for the following categories of cars:
- for foreign cars whose age is not more than five years.
- for cars of Russian origin, the age does not exceed three years.
- depreciation of the technical means does not exceed forty percent.
TCF is inversely related to the age of the car. In this bundle, a rule works that says: a smaller age of the car corresponds to a larger value of the TCB and vice versa.
How to calculate UTS?
For a convenient and quick calculation of the TCB, use the online calculator.
Calculation of TCB very complex and time consuming. The official calculation, even if you suddenly make it, will be of a reference nature, and no one will be guided by it. There are two options for calculating.
First way
The calculation should be carried out according to the formula: General \u003d U elements + Ukarkas + Uokraski + Ukuzov
Wherein:
Then, a calculation is made for all components of the formula that were produced during the refurbishment.
The procedure for calculating the TCB during the repair of all removable body elements is carried out according to the formula:
m
Wel. \u003d K 2 ΣK 1 Qi
1
Formula values:
- K1- the coefficient of change in the value of the TCB and depends on the method and nature of the repair, as well as the complexity and duration.
- Qi- the price of auto parts at retail, requiring replacement during restoration
- K2- a coefficient that takes into account the change in the amount of TCB depending on the degree of wear of car parts.
- m- the number of removable elements of the car requiring repair.
Second way
The method takes into account only the total cost of repairs and it is calculated all superficially, formally, even in cases where one repair led to a greater loss of TCB than another.
Calculation formula: UTS = (H÷100) (Р+С)
Formula values:
- H- the coefficient of the poppy value of the UTS, determined according to the special Halbgewax table
- R- the price of the car in the market, taking into account wear and tear.
- With- the total amount of necessary repairs.
How much money can you get for TTS?
The maximum amount of TCB is 120,000 rubles . If the amount is exceeded, then the culprit of the accident pays the rest.
What is the procedure for receiving money for TCB?
An important note: neither the insurance rules nor the law on compulsory auto insurance clearly oblige insurance companies to pay for TCB under OSAGO. But at the same time, they indicate the need to compensate for the damage that was caused to the insured person. Typically, companies refer to the OSAGO law in sub. "b" paragraph 2 of Art. 6 and refuse to pay TCB. It is worth noting that the TCB for CASCO is paid in any case, regardless of who is responsible for the accident.
Compensation for damage is the amount of money that is needed to repair the machine. In this regard, insurers do not calculate the decrease in the cost of the car and, of course, do not pay it voluntarily.
Although, as follows from the decision of the Supreme Court of Russia, insurers are required to compensate for this damage. At the same time, the court noted that the TCB is subject to compensation not only if the victim receives a real insurance payment, but if the car owner prefers car repairs to money.
The court also ruled that the damage caused to the cargo carried by the vehicle should be compensated.
According to the court, the damage that the perpetrator caused to third parties is also subject to compensation (for example, during the accident, the car was demolished by the lady's fence, which is located directly next to the accident site).
How to collect TCB from an insurance company?
If you want to collect TCB from the insurance company, you must follow these steps:
- file a claim with the insurance company with a request to reimburse you for the TCB.
- in case of a negative answer, contact independent expert appraisers who will calculate the value of the TCB.
- with the documents received, you can safely go to court demanding to recover from the insurance company in your favor the money that is due to you for the TCB.
The requirements of those victims who want to recover from the TCB insurance company is that the loss of the commodity value of the car is a real and objective damage subject to compensation by the insurer.
Recall in what cases, the victim has every right to demand from the insurance company compensation for the TCB from the damage caused to him:
- You shouldn't be at fault for the accident. Only in this case, you can count on the payment of compensation from the insurance company, which are obliged to compensate you for the damage caused by the accident.
- The damage should not exceed 400 thousand rubles, in the event that it nevertheless exceeded the above limit, then you should not count on the TCB.
- Before you write an application for the issuance of money under the TCB, check the age of your car.
Judicial practice for collecting TCB
The claim for compensation for the loss of the commodity value of the car is legal, since you will definitely lose value if you sell a car that has already been in an accident.
When filling out an application to the insurance company with a claim for compensation for the harm caused to you, be sure to indicate the TCB, if you have every right to it.
In case of non-payment of TCB by the insurance company, feel free to send a claim to the court. The timing of the TCB payment will depend on the date of the court hearing.
As a rule, the court will be guided in making its decision by the decision of the Supreme Court of the Russian Federation, which states that the damage that arose as a result of an accident includes not only the price of car repairs and the price of auto parts, but also the loss of the commodity value of the car, which is a decrease in the price of the car by secondary market due to the deterioration of the appearance, as well as its performance due to a decrease in the strength and durability of individual components, assemblies and parts of the machine, as well as protective coatings as a result of an accident and subsequent refurbishment.
The loss of commodity value (UTS) is subject to compensation by the insurance company together with the insurance payment. This decision was taken by the Supreme Court of the Russian Federation in 2007.
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However, many insurance companies refuse to pay TCB voluntarily, and insured persons have to go to court.
Compensation is made on the basis of an expert opinion, in which a specific amount is determined by specialists. By what methods is the calculation of TCF, read on.
What methods are used
Loss of value is the monetary value of the deterioration in the condition of the car after repair work or a traffic accident.
TCB can be reimbursed if the following conditions are met:
- the car was damaged as a result of a situation recognized as an insured event;
- registration of an insured event was carried out taking into account all the rules established by law (in the case of c) and the rules of a separate insurance company (in the case of c);
- the age of the damaged vehicle is within the limits set by the company for calculating the TCB. Most often, according to the rules of auto insurers, the loss of value is paid if the age of the domestic car does not exceed 3 years, and the age of the foreign-made car is less than 10 years;
- the depreciation of the car does not exceed the indicators established by the rules (35% for a domestic car and 40% for a car of foreign manufacture);
- the mileage of the car does not exceed the allowable values (50,000 km - domestic and 100,000 km - foreign).
Compensation for the loss of commodity value is not made if:
- this factor is directly fixed in the insurance contract concluded between the company and the car owner;
- the amount of previously paid compensation exceeds the maximum allowable amount of payments under this insurance contract;
- the package of documents submitted earlier is not enough to make the payment;
- for some reason, the expert company cannot make an assessment.
The calculation of the TCF can be done in three ways:
- according to the methodology of the Ministry of Justice;
- according to the Halbgewax method;
- according to the method of the Guidance Document.
Let's look at each technique in more detail.
According to the Ministry of Justice
This calculation method is the most common in the Russian Federation and is used by most expert companies.
The essence of the method is to determine the percentage of the cost of a car after receiving damage to the market value of a similar, but not damaged car.
The assessment of the TCB according to the methodology of the Ministry of Justice is carried out in relation to the following types of road transport:
The calculation of the reimbursement of the commodity value is made according to the following formula:
The parameters in this formula are:
When determining the individual coefficient, the following rules are used:
- if in the course of repair work it is required to replace parts welded together, then the value of the coefficient is reduced by 20% from the initial level;
- the cost of repairing any removable part cannot exceed the cost of replacing the damaged item;
- elimination of malfunctions that are not the result of a road accident or other insured event, reduces the value of the coefficient by 50%;
- the cost of a car will be lower if, in the course of restoration work, full or partial painting (repainting) of the vehicle body is required.
The values of the main coefficients are given in the table, which is Appendix 5 to the guidelines for the application of this technique.
C \u003d 550,000 * 0.3 / 100 \u003d 1,650 rubles.
Under these circumstances, and using the method developed by the Ministry of Justice, the owner of the damaged car will be compensated in the amount of 1 650 rubles.
According to the Halbgewachs method
The Halbgewax method is widely used in European countries, since it is simpler than the previous method.
Russian experts believe that the results obtained do not correspond to reality, since they take into account only general indicators.
The Halbgewachs method is mainly used to calculate the TCF for vehicles that meet the following characteristics:
The calculation of the lost commodity value is carried out according to the following formula:
The value of the coefficient required to calculate the lost value of movable property is determined in accordance with additionally calculated indicators that depend on the cost of spare parts and materials (SM), as well as the cost of repair work (SR):
It is advisable to determine the lost value if:
- parameter A is greater than 10, but less than 90. If the cost of repairing the damage received is significantly lower than the cost of the car, then the amount of the TCB will be minimal, which will not justify the costs of determining the parameter and passing the examination;
If the cost of repairs is more than 90% of the cost of the car, then it is more expedient to receive insurance compensation for the risk of “total loss”.
- parameter B is greater than 40, that is, the cost of materials and assemblies is less than the cost of the work performed.
The final value of the K coefficient is determined from the table:
For example, the cost of a car at the time of the accident is 500,000 rubles (CR), and its age is 2 years.
According to the calculations of the insurer, for the full restoration of vehicles, it will be necessary to invest 80 000 rubles(CO), and for the repair you will need to purchase parts and additional materials in the amount of 25 000 rubles(CM), and everything else is the cost of the work performed ( SR \u003d 80,000 - 25,000 \u003d 55,000 rubles).
At the first stage, we determine the parameters A and B.
A \u003d (80000 / 500000) * 100% \u003d 16
B \u003d (55000 / 25000) * 100% \u003d 220
In accordance with additional indicators K = 3.5
UTS \u003d (3.5 / 100) * (500000 + 80000) \u003d 20300
That is, the payment for the loss of the value of the car in this situation will be 20 thousand 300 rubles.
Guidance document
The most difficult from the point of view of mathematics is the calculation according to the method of the governing document.
The essence of this technique lies in the fact that the total amount of the loss of the commercial value of the car consists of the loss of the value of individual elements that were damaged during a traffic accident or other insured event and are subject to repair.
The calculation procedure is as follows:
Y total = Y1 + Y2 + Y3 + ... + Yn, where
У1…Уn is the cost of repairing individual elements damaged in an insured event.
Indicators Y1 ... Yn are also calculated using a separate formula:
, where
As a rule, the calculation according to the method of the guidance document is purely indicative, since it is quite difficult to make a calculation and verify its accuracy, and an unverified calculation cannot be used as the main evidence.
Are the rules for OSAGO and CASCO different?
Payment for the loss of commodity value is provided for by any insurance contracts, both OSAGO and CASCO, while regardless of the type of insurance policy, the calculation methods for determining the size of the parameter are the same.
The owner of movable property can also receive the loss of the value of the damaged car from the perpetrator of the accident, but only in court.
And in this situation, the calculation of the amount of payment will be made according to one of the specified methods.
Features of calculating the TCB of a motorcycle
The calculation of the loss of the commodity value of a motorcycle is carried out according to similar methods, but to determine the coefficients required in the calculations, special tables are used that are developed directly for motorcycles and scooters.
An essential condition for conducting a qualitative examination is also the presence in the company of a qualified specialist who can work with motor vehicles.
Loss of commodity value or TCB - a significant decrease in the value of the car, which is caused by premature deterioration in appearance and technical characteristics due to a decrease in the durability and strength of individual parts, assemblies or coatings as a result of a car accident and repair work.
Recently, courts and insurance companies have been waging ongoing disputes over the concept of TCB. Some believe that compensation should include damages caused by the loss of commodity value. Others are sure that there is no such thing as a TCB at all.
First you need to understand what includes the damage suffered by the owner of the vehicle. It consists of the costs of restoration work and losses that will follow when selling a car that has lost its marketable value (we talked about how to determine the amount of damage incurred according to the PCA table).
Therefore, the damage due to the loss of the TCB is quite real, as is the cost of repairs and spare parts (you will learn how to calculate the cost of repairs according to OSAGO, and we talked about how the cost of auto parts is calculated based on the PCA). After all, a decrease in the consumer value of a car is a violation of the rights of the owner of the vehicle. Payment of monetary compensation will help to restore this violation.
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Your actions in the insurance company
Back in 2005, by the Resolution of the Presidium of the Supreme Court, it was established that TCB for OSAGO should be paid. Therefore, the owner of the car injured in the accident has the right to demand compensation from the insurance company for additional losses. Experts advise you to contact a car lawyer for help. Although it is not difficult to receive compensation, the design has its own characteristics.
- First, an examination is carried out to determine the size of the TCB. It is necessary to make a comparison between the cost of a broken car, and a whole car of the same brand.
- Two copies of the TCB application are being prepared. One copy remains with the insurance company, the other with the applicant, it is marked with acceptance.
- If the insurer does not agree with the amount of payment, or refuses to compensate for the damage, they collect a package of documents. It includes data from expert opinions, the amount of TCB calculated by specialists and other papers. A lawsuit is filed, all funds spent on the trial are reimbursed by the insurance company.
Knowing that the court is on the side of the owner of the vehicle, sometimes you just need to show the insurer that the client knows his rights and intends to demand a TCB for OSAGO. Therefore, the issue of compensation can be resolved without a trial.
How is the loss of commodity value calculated independently and on calculators?
In the practice of calculating the TCF OSAGO, two methods are used.
The first is the calculation according to the method of the Ministry of Justice
It is considered the main method of calculation, as it is preferred by forensic experts. The bottom line is that the size of the TCB is determined as a percentage of the initial price of the vehicle. This calculation method is applied to new cars: not older than 3 years for domestic brands, and not older than 5 years for foreign-made vehicles. In this case, depreciation should not exceed 35%.
How do you consider the TCB of a car?
CTS is calculated by the formula:
C=S*∑ Ki/100,
- C is the lost part of the original price of the vehicle due to the traffic accident.
- S is the real value of the car before it had an accident.
- Ki is a coefficient determined by the expertise for each part requiring restoration.
According to the above calculation method reimbursement of TCB depends on how the experts assess the required restoration work. The coefficient responsible for damaged parts is subject to the following rules:
The help of experts and specialists is essential. Even knowing the TCB formula, the car owner cannot always make the correct calculation on his own.
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The second is the Halbgewax method
Although the calculation method proposed by the Ministry of Justice is considered the main one, experts sometimes use the Halbgewachs method. This the method is applied to cars with the same age restrictions for the vehicle as the first calculation method. The difference is that in the calculations, depreciation is replaced by the mileage of the car, the limit for which is 50 thousand kilometers for domestic cars and 100 thousand kilometers for foreign ones.
For this method, appropriate calculators are used.
Here is a list of indicators that are used for the calculation:
- the cost of a new car (CN) and its real price at the time of the accident (CR);
- the life of the vehicle;
- the price of new spare parts and materials (SM), as well as repairs (SR);
- the total cost of all restoration work (CO).
In order to determine whether it makes sense to claim TCB compensation under OSAGO, a simple formula is used:
CR/CN*100%.
If the calculation result exceeds 40%, then the calculations continue according to the formulas:
- A=SO/CR*100%.
- H=SR/CM*100%.
The designations A and B are defining for the coefficient K (there is a table of values for this).
The final formula of this method is used to calculate the TCF itself and is the most important:
UTS=K/100*(CR+SO).
Many experts consider this method convenient, but without the help of experts, it is still impossible for a motorist to perform such a calculation. Moreover, in order to claim compensation for damage, you need an expert opinion.
Mandatory conditions for the possibility of payments
In what cases is it reimbursed? There is a list of restoration works in which the calculation of the TCB is mandatory:
- Repair of a distortion of the frame or body of the vehicle.
- Full or partial replacement of non-removable body parts.
- Repair of individual body parts, such as a plastic hood, fenders, trunk lid, door.
- Full or partial painting of the front surfaces of the body, bumpers. When painting small external parts (claddings, moldings, handles, linings, mirrors), TCF is not calculated.
- Replacement of parts supplied by the manufacturer painted (except if they are repainted).
- Disassembly of the vehicle interior, which degrades the quality of the original factory assembly.
In order to be eligible for the TCB payment, a number of conditions must be met:
- The period of operation of the vehicle should not exceed 5 years for foreign cars and 3 years for domestic cars.
- Vehicle depreciation should not exceed 30%.
- Compensation payments are made only for cars that have been in an accident for the first time.
- The owner of the vehicle must not be at fault for the accident.
- The amount of TCB for OSAGO cannot exceed the maximum prescribed insurance compensation (this includes basic payments).
- If the TCB is paid under CASCO, then the possibility of receiving compensation should be specified in the policy.
It is realistic to receive a payment if the car was repaired, but 3 years have not passed since then and a list of work performed, for example, an order, has been preserved. In this case, the calculation is more difficult.
If damaged or defective parts require replacement, no refund will be given. It is impossible to receive compensation for the loss of commodity value if you need a light repair without restoring the structure of the car, if the surface of the body is damaged by corrosion or has defects that appeared before the accident.
Important! The legal right of a motorist to receive TCB payments is confirmed by law and court. Some firms respond to a request for compensation for damage to citizens that the TCB is a lost profit, while the Decree of the Presidium of the RF Armed Forces dated 10.08.2005 says that it is not. In addition, the Decree of the Plenum of the Armed Forces of the Russian Federation dated January 29, 2015 on compulsory insurance also confirms the right of car owners to compensation payments to TCB.
So, if all the conditions listed above are met, the payment of TCB under OSAGO must be made without fail. The maximum amount that can be received under OSAGO is 400 thousand rubles.
Having studied the information provided, we can conclude that it is far from always possible to receive TCB payments for OSAGO. But if all the required conditions are met, then this is quite realistic. When receiving an unreasonable refusal, there is always the opportunity to receive the due compensation through the court.
The result of a car collision is numerous damage to property, health and life, damage of varying severity is caused. Under the OSAGO agreement, such damage is subject to compensation by the insurance company if the perpetrator of the accident has a valid policy. In such cases, the loss of the commodity value of the car under OSAGO is also compensated. How to get reimbursement of TCB under OSAGO? What documents are required for this and what application to submit? What to do if the insurer refuses to pay the required amount? Will the court help?
When is the TTC due?
The loss of the commodity value of the car is the result of damage to the vehicle as a result of an accident, a decrease in its performance, deterioration in appearance, etc. That is, any car owner insured under OSAGO and recognized as a victim in an accident has the right to payment. Loss is the difference between the market value of a car that has never been in an accident and the value of a car that has been in an accident. Prices for cars of the same make, model and model year should be compared.
TCB for OSAGO can be calculated both before and after repair work. The calculation date does not play a role in the final result. For a car damaged in an accident, which was painted (fully, partially) during restoration, TCF can only be calculated if this car had a factory coating before the accident and no more than 3 years have passed since its release (for the domestic auto industry) or more than 5 years (for foreign cars). Elements of such vehicles at the time of the accident should not be subject to corrosion.
How to calculate UTS?
The calculation of the size of the TCB of a car according to OSAGO is carried out either by the experts of the insurance company during the inspection of the vehicle, or by the experts of an independent expert organization, or by forensic experts. A car owner who does not have the proper qualifications on his own will not be able to carry out such a calculation without errors. In total, in Russian practice, there are 3 methods that experts use to determine the amount of loss of commodity value.
Central Bank methodology
In 2014, the Regulation of the Central Bank No. 432-P came into force, approving the Unified Methodology for calculating the cost of repairs under OSAGO. All insurers and independent experts from that year were required to calculate the amount of damage only in accordance with the proposed methodology. But it did not take into account the procedure for determining the value of the TCB for OSAGO, therefore, in 2015, the Draft Directive was published, which would make changes to the existing methodology, namely, would supplement it with Chapter 8 “On the procedure for determining the value of the TCB”.
Clause 8.2 states that the TCF is calculated only for vehicles for which it has been found that after an accident it is necessary to eliminate the skew of the body, repair its individual elements, paint the body, bumper or parts thereof. Clause 8.3 lists the cases in which the calculation is not carried out. These include wear of more than 40%, the age of cars is more than 5 years. Clauses 8.4 and 8.5 also contain a number of exceptions under which the TCB cannot be calculated, including minor damage to the part, the presence of repainting of the body before the accident, etc.
The formulas for calculating the value themselves are given in clauses 8.6 and 8.10. The calculation was based on the cost of the vehicle at the time of damage and a number of coefficients. The methodology presented in the Draft differs from the commonly used methodology of the Ministry of Justice only by the size of the coefficients used for the calculation. As of 2018, the Central Bank’s methodology for calculating TCB has not come into force and Regulation No. 432-P still has 7 chapters. Both insurers and independent experts use the methodology of the Ministry of Justice.
Methodology of the Ministry of Justice
The procedure for calculating the amount of damage and refurbishment was adopted by the Ministry of Justice in 2013. Initially, the Methodology of the Ministry of Justice was intended only for forensic experts, who, in the interests of the court, calculated the amount of damage caused to vehicles in traffic accidents. But in fact, this technique has been and is used by both insurance companies and independent experts. TCB is calculated according to the formula given in clause 7.2.1:
With- the price of the car at the time of the accident;
Cootsi - coefficient that is used for a specific element or part of the vehicle.
The coefficients are listed in Appendix 5 to the Methodology. So, when replacing the floor of the car interior, a coefficient of 3 is used, when replacing the rear wing - 0.5, etc. The document also contains a separate formula for determining the size of the coefficient when painting individual parts of the car (clause 7.2.6.1). The value of the TCB for OSAGO in 2018 depends entirely on the nature, type and amount of damage received by the vehicle.
Halbgewachs technique
Using this method, it is possible to calculate only the loss of the commodity value of a foreign car. She suggests that before starting the main calculation, find out its feasibility. To do this, you need to divide the market value of the car at the time of the accident by the cost of a brand new car and divide by 100%. If the result obtained is less than 40%, then the calculation will not make sense. If there is more, then use the formula and a special table to calculate. They can be found.
How to get TCB under OSAGO?
Since the loss of the presentation of the car under OSAGO was included by Decree of the Supreme Court No. 58 of 2017 in the amount of real damage, insurance companies are required to take this amount into account when paying compensation in the form of cash or when paying for repairs at service stations. If the TCB was not included in the total amount of insurance, then the insured, the victim or the owner of the car has the right to file a claim with the insurance company. In the event that she remains unanswered, it will be necessary to apply to the court with a statement.
Where to apply?
Compensation for the TCB is carried out only to a person who is recognized as an innocent participant in the accident. The owner of the car must apply for the payment of the lost value to the same insurance company to which he applied for the payment of insurance compensation. If insurance excluding TCB was received for direct compensation of losses from the insurer with whom the OSAGO agreement was concluded, then an application for obtaining TCB must be submitted there. In the event that insurance without TCB was obtained from the insurer of the person responsible for the accident, then TCB must also be requested there.
Required documents and application
The legislation does not provide an application form for claiming payment of TCB from an insurance company. In fact, such a document is a pre-trial claim against the insurer. If the insurance company did not include the loss in the value of the car in the amount of damages, then in the text of the claim it is necessary to refer to the explanations of the Supreme Court (clause 37 of the Decree of the Plenum No. 58) on classifying TCB as real damage. According to the established rules, an application for TCB under OSAGO must contain:
- Personal Information;
- Circumstances of occurrence of the insured event;
- The essence of the requirements;
- Justification of the requirements;
- Calculation of the penalty and requirements for its payment;
- List of applications.
The loss of the commodity value of the car under OSAGO 2018 can be paid upon submission of the same documents that are approved by the Regulation of the Central Bank No. 431-P in clause 3.10. The applicant must always present a passport, a notice of an accident, an OSAGO policy. If the accident was not registered according to the European protocol, then documents from the traffic police (decree, protocol) will be required. The applicant must have grounds for making claims. In this case, they may be the conclusion of an independent examination or personal calculations of the value using one of the existing methods.
In what cases is TTS not paid?
Both the methodological recommendations of the Ministry of Justice (clause 7.1.4) and the Regulations of the Central Bank provide for a number of exceptional cases when the loss of the commodity value of the machine cannot be compensated. TCB is not calculated if at the time of the accident:
- The car is over 5 years old;
- The age of a cargo vehicle, buses of domestic production exceeds 1 year;
- The age of cargo foreign cars that are used for commercial purposes exceeds 2 years;
- The age of buses of foreign brands used for the transportation of passengers on certain routes exceeds 3 years;
- Wear exceeds 35%.
In fact, such exceptions are illegal, since the RF Armed Forces classify the loss of commodity value as real damage. And the insurance company is obliged to compensate such damage to the innocent party in accordance with the norms of the law "On OSAGO" despite the amount of depreciation of the car or its year of manufacture. But insurers and even some courts either neglect such provisions of the law or misinterpret them.
Refusal to pay TTC
On legal grounds, the insurance company may refuse to compensate for the loss of commodity value if the application is submitted by the perpetrator of the accident or another person who is not entitled to such a claim; if the insurance already paid is equal to the limit established by law (400 thousand rubles); if the vehicle was repaired on its own and was not provided for inspection by the insurance company, etc. Thus, TCB reimbursement may not be made by the insurer for the same legitimate reasons as the entire insurance payment.
In the event that the insurance company does not respond to the claim of the car owner within 10 days or ignores it altogether, the latter has only one option to recover the money that belongs to him by right. To do this, you need to apply to the court with a statement of claim. The claim must be accompanied by all documents that would prove the validity of the claims of the injured driver, as well as a written refusal from the insurance company.
Arbitrage practice
The history of court decisions on the loss of the commodity value of a car can be considered ambiguous, since some judges interpret the norms of substantive law correctly, while others, for whatever reason, cannot objectively assess the situation described in the statement of claim. But in the latter case, the Court of Appeal may take the side of the plaintiff or the defendant. Thus, one of the Perm courts of appeal took the side of the defendant, which was the Alfastrakhovanie company.
Example of a court decision
According to Decree No. 17AP-14654 / 2018-AK, the court of first instance, along with other requirements, ordered to recover from the insurer in favor of the plaintiff the amount of 8,626 rubles as a loss of the commodity value of a car that had an accident on 10/22/2014. But the arbitration court, when making its decision, did not take into account the fact that the limitation period had been missed. The appellate court found out that the application for reimbursement of the TCB was submitted to the insurer only on 10/17/2017, and the statement of claim on 05/08/2018, that is, more than 3 years after the incident. This circumstance led to the impossibility to reliably determine the amount of losses, including in the form of loss of commodity value. Therefore, the appeal was upheld and the decision of the first court overturned.
According to RSA for 9 months. In 2018, unscrupulous car lawyers who bought the right of claim from the victims received more than 23 billion rubles from insurance companies. money collected through the court. A small part of this amount related to actual insurance expenses, while the rest amounted to financial sanctions, etc. But not all auto-lawyers managed to get satisfaction on the statement of claim.
Example of a court decision
Thus, the Irkutsk court considered case No. A19-14595/2018. The lawsuit against the Angara insurance company was filed by an individual entrepreneur who received such a right under an assignment agreement concluded after the insurer paid compensation without taking into account the TCB. From the materials of the case, it was known that the traffic accident occurred on 01/12/2016, and the claim was filed by a car lawyer on 04/20/2018. The assignment agreement was concluded on 03/29/2017 on the day of receipt of the act of an independent examination on the amount of loss of commodity value, which amounted to 12,903 rubles. The court found out that the plaintiff did not comply with the rules of pre-trial settlement of the dispute, that is, the insurer was not notified of the examination, he was not sent a claim for payment of the lost value of the car, etc. The court came to the conclusion that the conduct of an independent examination in itself does not give rise to the obligations of the insurance company to pay such compensation. The claim for compensation for the TCB of the vehicle was denied for lack of grounds.
Art. 65 of the Arbitration Procedure Code of the Russian Federation indicates that each person participating in the trial is obliged to have evidence and substantiation of his claims. Otherwise, by virtue of Article 71 of the same code, the court recognizes the claim as unfounded and refuses to satisfy it. In case No. A19-14595/2018, discussed in the example above, failure to comply with the provisions of federal law and the procedure for resolving disputes led to the refusal of the court to recover the loss of the value of the car. After that, the plaintiff's rights to receive compensation for legal (representative) and court (state duty) expenses disappeared, and the grounds for receiving a penalty for the untimely fulfillment of their obligations by the insurance company also disappeared.
Conclusion
Thus, according to the rules of insurance, the loss of the value of a car should be included in the total damage and paid out on the same basis as regular OSAGO insurance, including in the form of payment for repairs. If the insurer paid compensation without taking into account the lost value, then the injured driver must apply to him with a pre-trial claim. If it is not satisfied, only the court will be able to resolve the dispute that has arisen.