Reimbursement of TCB: calculation, application to the insurance company. Compensation for the loss of the commodity value of the car

2024 Author: Erin Ralphs | [email protected]. Last modified: 2024-02-19 11:42

In the article, we will consider what TCB reimbursement is. A car that has ever had an owner, and even more so that has certain defects after an accident, will never be as in demand as a car from the salon. The quality of it and its constituent elements can no longer be restored through repair. What to do in this situation?

What is TCB

Having a car allows you to get more done in a short time than when traveling by public transport. But the joy of operating the vehicle is sometimes overshadowed by incidents that happen against the will of the car owner. In addition to the troubles associated with the proceedings for an accident, drivers face difficulties with insurers. Unfortunately, sometimes motorists do not delve into the intricacies of the contract and lose their legal compensation.

TCS for Casco or OSAGO is the amount of loss of commodity value. Represents the differencebetween the profit from the sale of a car restored after an accident and the cost of the same new vehicle. Many factors have an impact on reducing the price of a car that has been in an accident, such as: external deformations of the car (scratches, dents), internal components that inevitably need subsequent repairs. In other words, the total damage caused to the car as a result of various kinds of traffic accidents; defects that reduce the strength of protective and connecting elements.

What does TCB reimbursement involve?

What to do?

The Civil Code of the Russian Federation states that claims against the owner are 3 years after the incident, and, oddly enough, against the insurance company - 2 years 2 months. Before the direct submission of documents to the insurance company, the owner of the car must obtain a certificate of an accident.

It contains information about the participants in the accident, the date and time of the incident, various kinds of information about the victims (if any), about the state. car numbers, the amount of losses, the fact of visual damage to car parts. This kind of document can be obtained at the traffic police department on the day of the accident, or after three working days, if there are dead or injured.

An examination will be needed to determine the price of the actual damage, as well as to assess the TCB due to the presence of certain defects resulting from the accident. It will be scheduled and held five days from the date of application.

Then, within twenty working days, the participant in the accident is given a reasoned answer about the timing and amount of compensation for the TCB. Often, payment is denied, and the cost is significantly reduced.

Sample steps for obtaining TCB

First of all, the participant must apply to an organization specializing in an independent assessment of the condition of cars that have been in an accident, as well as with an application for reimbursement of the vehicle's TCB to the insurance company. Further, it is necessary to conclude a certain agreement with the company on the provision of a number of services to assess the actual damage and loss of the commodity value of the machine. The employee who must carry out the procedure for estimating the amount of repairs will prepare a paper with information about the location, date and time of the assessment. It will need to be sent to the following parties in the process: the insurance company, the participants in the accident and the Russian Union of Motor Insurers (in the situation if the insurance culprit does not have a license).

Expertise conditions

On the day of the examination for reimbursement of the TCB, the parties have the right to be late no more than half an hour from the appointed time, after half an hour the appraiser begins to inspect the damage caused to the vehicle. Sending a notification to each of the parties is carried out three days before the date of the inspection (only working days, days of the inspection itself and notification are taken into account). The telegram is sent with acknowledgment of receipt. If the case goes to court, from the notification it will be possible to see all the information about it, such as: where and where the telegrams were delivered, as well as the person to whom it was issued. If the recipient of the telegramfor some reason did not receive, then the person whose responsibility it was to notify the parties will not be held responsible.

Reimbursement of TCB OSAGO

The purpose of calculating the loss of the commodity value of a car is to identify a decrease in the original cost of a car through a restoration repair after an accident.

TCB replenishment is allowed for vehicles meeting the following categories:

1. Not older than 5 years.
2. Required - foreign production.
3. With recognized wear of parts no more than 38%.
4. With mileage up to 100 thousand kilometers.

These conditions apply to Customs Union trucks, buses and trailers.

For domestically produced machines, the specifications are as follows:

1. Mileage cannot exceed fifty thousand kilometers.
2. Not older than three years from the date of issue.
3. Wear 38%.

Reason for rejection

Most often, insurance companies refuse to compensate for the loss of the commodity value of the car. However, this happens for a number of the following reasons:

• The body parts have been replaced.
• Items were corroded.
• Depreciation on the day of inspection is 40 percent or more.
• The car has been completely painted.
• In the event that the car has marks from previous accidents.

Method of determining the amount of damage

There are different situations during the calculation of compensation. For example, if suddenly one of the parties is not satisfied with the withdrawn amount, and a re-examination is impossible due to the restoration of the car, you have the right to re-calculate the cost based on two documents: an inspection report of the insurance company and a certificate from the traffic police. They usually reflect in detail all the real damage, and also contain photos from the scene of the accident.

Determination of the market value of the car before the accident

There is a method that helps determine whether it makes sense to rebuild a car. It is used in a variety of cases. When using this method, the average market value of the vehicle before the accident is determined, compared with similar models, a deduction of good balances is made, and as a result, the cost of lost profits is obtained.

How TCB is paid for Casco

If, according to the rules of insurance, the loss of commodity value in case of an accident is not excluded from the amount of insurance payment, then if the injured party has a Casco agreement, you are required to make a compensation. What is the wording that excludes the payout?

It usually looks like this: "Defects caused by the loss of commodity value as a result of its use cannot be considered an insured event." In such a case, you may recover TCB on the grounds that all costs associated with the accident did not result from the use of the machine.

Since the insured event under the Federal Law of November 27, 1992 No.4015-1 may be property interests, then all losses caused by an accident just become the result of an insured event. Of course, within the amount specified in a special clause in the Casco agreement.

Methods of receiving money for the loss of commodity value

The insured person has the right to receive payment one and only time for one of the types of insurance. The injured party may apply to the perpetrator of the traffic accident with a certain claim if the compensation for the TCB was suddenly refused or the sum insured is insufficient to fully compensate for the damage. If everything went smoothly and the amount of payment presented is sufficient to cover the costs of the insurance company, then again, the injured party has the right to file a claim for compensation for the lost benefit within 30 working days.

The following package of documents must be attached to your application:

• Certificate of an accident that you received from the traffic police.
• Application for payment of the sum insured with an imprint of the incoming details.
• Reasoned refusal of the insurance company or underestimated repair cost.
• Agreement drawn up with an independent expert for the provision of services for the assessment of damage caused to a car as a result of an accident.
• Vehicle passport and its photocopy.
• A notarized copy of the notice of the date and time of the inspection of vehicle damage.
• Returned notification.
• The result of an independent assessment of the damage to the vehicledamage.
• Copy of the refusal to initiate an administrative case.

As a result of a lawsuit to compensate for lost profits, if it is impossible to resolve the conflict on a voluntary basis, the insurance company must pay the car owner a fine equal to fifty percent of the amount of the claim.

The article discussed how the calculation of the TCB of a car is carried out.