18 of December. Yesterday was discussed the draft resolution of the Supreme court relating to CTP. The draft contained paragraphs that insurers will be obliged to pay not only money to restore the car, but also compensation for the loss of commodity value, a claim to the perpetrator of the accident victim will be able to present only if the limit of insurance payments CTP is not to be missed for repair.
This decision was a pre – emptive maneuver. Not yet entered into force new amendments to the law on CTP, and the Supreme court, based on the jurisprudence and taking into account the amendments already started to develop the system of regulation of these relations. The task is quite important to organize the integrated system of decisions in courts of different instances.
The decree clearly States what the courts in which cases may take decisions on such cases, it is also written, what should they consider when making their decisions.
According to the amendments to the law on CTP provides a complaint procedure. If the injured motorist is not satisfied with the amount of the payment or the speed of decision making, it must first submit a claim to the insurer. If the reply within the deadline has not been received, then the motorist could sue.
The Supreme court in the draft resolution clearly indicated that even if the insurer is involved in the proceedings, pre-trial attempt to settle the dispute must be, otherwise the claim will be rejected. This rule applies to all events that occurred after 01 September 2014.
The draft decree also determined that the issuance of an insurance policy is proof of conclusion of the contract CTP. Additional papers from the car owner to demand that no one should not. The only exception is if the forms were stolen. In this situation prior to the insured event, the insurer, agent or broker must apply to the authorized body.
An additional advantage for motorists is that the operation of the vehicle is considered anything related to its movement in space, including towing. The Supreme court also identified the place of use – the car can be moved anywhere. So far, these issues have been cause for litigation.
The Supreme court also noted that the amount of insurance compensation is in accordance with the Uniform methodology approved by the Central Bank. If the difference in assessing the cost of repair between the plaintiff and the payment made by the insurer, less than 10% statistical error. In this case, claims will not be considered.
At the same time, the Supreme court indicated that the real damage that has been caused as a result dorozhno-transport incident, along with the cost of repair and spare parts include also the loss of the commodity value of the car. Thus, the Supreme court put to rest the long-standing dispute. The insurers against this approach. The Supreme court also there is no unity on this issue. Therefore, it is unknown if it will include this paragraph in the final document.
Another important for motorists paragraph suggests that the claims against the perpetrator of the accident, the victim may be present only if the payout limit CTP is not enough for the refurbishment. Thus, put the point in another long-standing dispute. Dissatisfied with the payments victims made complaints to the culprits that they compensate the difference between the cost of repair and received payment. Now such a claim would be impossible to show.
Another point, which the judges propose to include in this decree is the possibility of foreclosure with the insurance company and the cost of examination, if required, over the limit payments on CTP. This is due to the fact that if the payment of damages for CTP is at the level of the payout limit (to date, this amounts to 400 thousand rubles), payment of the examination will reduce this amount, which would be a violation of consumer rights.
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