In the event of a road accident, the owner of the “autocitizen” policy will have the vehicle restored at a service station accredited by the insurance company, or they will be compensated for the cost of repairs in cash. The legal grounds for choosing in favor of the second option are provided for in the OSAGO law (Article 12, clause 16.1). It is more profitable for the insurance company to pay the client money, and not to restore the car at its own expense. The situation is aggravated by the fact that it is not always possible to determine whether the service center has done a good job. Cases when poor-quality car repairs under OSAGO are made at a service station have become commonplace. What are the ways to solve the problem for the client? Let’s consider this question in more detail.
What do you mean by poor repair?
Despite the desire of insurance companies to save money on repairs, they are required to comply with the requirements set forth in the OSAGO law. If they are observed, the risk of poor-quality replacement of units and components on the machine is reduced to zero.
The list of shortcomings and shortcomings, indicating poor performance of the repair, include:
- “irregular” nature of the application of paint, which easily peels off from the treated surface;
- discrepancy between the gaps between the parts after and before the accident;
- cracks, chips, unevenness and the presence of unpainted components on the parts to be restored;
- use of spare parts belonging to the “used” category;
- reduced traction, non-specific sounds when the engine is on, and other flaws.
The law obliges service station employees to ensure that, as a result of restoration work, the technical condition of the vehicle is identical to the original (before the road accident). The insurance company is responsible for the quality of car repairs under OSAGO.
If defects are found
The question of what to do in case of poor-quality car repair under OSAGO does not lose its relevance not only for those who have just received a license, but also for experienced drivers. After the completion of work on the restoration of the car, its owner must sign the act of acceptance and transfer. But do not rush to endorse the document, but make sure that the existing breakdowns have been eliminated. If, as a result of a personal inspection, any shortcomings and shortcomings were found, they must be entered into the act and signed. There is no need to worry about the presence of hidden defects – hypothetically, they will be revealed during a repeated (independent) examination.
What to do if auto mechanics, in your opinion, made a bad repair under OSAGO? Since the insurance company, and not the representative of the service station, is responsible for the quality of the work performed, it is necessary to send a claim to the counterparty to eliminate the shortcomings. At the next stage, he can appoint and conduct a second inspection of the vehicle. If the IC refuses to inspect and correct the shortcomings of the repair, then the person concerned has the right to appoint an independent examination. Having received the conclusion of a specialist, it is necessary to re-address the complaint to the insurer and attach new calculations of the damage caused. If the company does not respond or refuses, it is necessary to apply to the supervisory authorities, and then to the court.
If the OSAGO policy was issued by a broker or agent, claims should be made against the company whose interests they represent.
After the repair, an unscrupulous company can, taking advantage of the inattention of the client, who does not always read everything that he signs, attach other documents to the vehicle acceptance certificate. As a result of such tricks, the insurer manages to obtain consent from the counterparty for:
- partial repair:
- use of spare parts of the second-hand category.
Due to his own negligence, the client may sign an assignment agreement on the condition that he does not object to the redemption of the right to claim damages related to poor-quality repairs. In this case, it is not the insurer, but the service station, that becomes the defendant in the court case.
Disputes with insurance companies are often lengthy, so preparation for them must be thorough and thorough.
When drafting a complaint, it is necessary to follow its structure. The header of the document should contain the following information:
- Full name of the company, its details.
- Personal information of the applicant (full name, residential address, contact phone number).
In the claim, it is necessary to state the essence of the requirements and justify their legitimacy, referring to legislative acts. You should also indicate the list of attached documents and bank details (in case the applicant requires monetary compensation in return for repeated repairs). The document must be dated and signed (with a transcript). If the claim is certified by a trustee, then his authority must be notarized.
The complaint must be accompanied by:
- OSAGO policy;
- title documents for the car (STS / PTS);
- the applicant’s civil passport;
- referral for inspection of the vehicle;
- conclusion of an independent expert (during the examination);
- act of acceptance and transfer of a car (with a list of flaws).
The document can be brought to the insurance company in person (on the second copy of the complaint, ask to put a stamp, which will be considered proof of its registration). An alternative option is to send a claim by mail (by registered mail with notification and description of the attachment).
The tactics of further actions will depend on the position chosen by the UK. The insurer must respond to the complaint within ten days from the date of its registration.
Having considered the claim, he sets a date for a re-examination, which is carried out in the presence of the owner of the car, a representative of the company and the mechanic of the service station who performed the repair. After inspecting the vehicle, the company may, in return for repairs, make a cash payment to the owner of the car or disagree with its requirements.
In a situation where the insurer recognizes the fact of improper performance of duties by the service station, the client must be paid a penalty for poor-quality repairs under OSAGO. As a general rule, the company must compensate 1% of the repair amount daily from the moment the claim is registered.
If there was a refusal
If the counterparty is unwilling to compensate for the damage associated with poor-quality repair of the vehicle, the applicant has the right to file a complaint with the supervisory authorities – the RSA (Russian Union of Motor Insurers) and the Central Bank of the Russian Federation. These structures are authorized to resolve conflict situations that arise in the segment of auto civil liability.
The next stage of protection
If the supervisory authorities did not respond to poor OSAGO repairs or refused, you should contact the Financial Ombudsman , who will conduct a pre-trial investigation of the complaint. If the decision of the financial ombudsman does not suit you, then you will have to go to court.
If by the time of applying to the court for some reason an independent examination has not been carried out, it must be initiated. The conclusion of a specialist will be the main evidence in the state instance. An independent examination may also be appointed by the court.
In a situation where you first encountered the problem of poor-quality car repair under OSAGO, it is recommended to use the qualified help of a car lawyer.
If the insurance company understands that it is dealing with a meticulous and corrosive client, then it can make concessions and agree to re-repair the car. Insurance companies do not want to incur additional costs associated with an independent examination and compensation for legal costs.