Penalty for OSAGO: how to calculate?

Since 2014, changes have been made to the legislation. Now insurance companies that violate the terms of payment of compensation are obliged to pay a forfeit on OSAGO. Its size depends on the amount of payments and the timing of the delay. More detailed information about when and how the forfeit of compulsory motor TPL insurance is calculated, read on.

OSAGO

Since the introduction of OSAGO has had a positive impact on the situation on Russian roads and on the development of the insurance market. Despite the shortcomings, OSAGO continues to develop. Any owner of vehicles must insure his liability. When applying to the company, the calculation of the premium is made. The price of a policy depends on the correction factors, tariffs, but is regulated at the legislative level.

For example, the price of the policy for insurance of a 120 l truck. from. For a year with an unlimited number of people older than 22 years with a driving experience of up to two years admitted to management, in Berdyansvka and Moscow will be different.

Legislation

According to legal terminology, a penalty is a financial means that one party to a transaction is obligated to pay another if the terms of the contract are not met.

The penalty for compulsory motor TPL insurance can be applied to an insurance company that has committed a delay in the process of reviewing claims from the driver or when considering applications for other payments.

In the Federal Law No. 40 "On OSAGO", the rights and obligations of the UK, its liability in case of non-fulfillment of obligations taken, are registered. In particular, the law provides for mandatory payment of a penalty in the event of:

• Disruptions in the timing of payments or late issuance of a direction for repair of the vehicle (the document indicates the deadline for the completion of work) through the fault of the insurer;
• Non-observance of the repayment period, if such condition is stipulated by the contract.

All these issues are discussed in detail in:

1. The Civil Code.
2. FZ No. 4015-I "On Insurance Companies".
3. FZ No. 40 "On OSAGO".

How to calculate a forfeit for OSAGO?

If the insurance company violated the payment terms, then it must pay a penalty - 1% of the amount. Calculation of penalties for OSAGO is carried out according to the following formula:

H = D x (1: 75) C x B: 100, where:

Н - penalty for compulsory motor TPL insurance;

• D - number of days overdue;
• C is the refinancing rate;
• B is the amount of compensation provided for in the contract.

The day of registration of the payment receipt is also taken into account in the calculations. Nuances can arise when repairing the vehicle. Responsibility for the quality and timing of the work lies with the insurer.

If the company did not pay compensation at all, the calculation will be based on the total amount of the debt. If a partial payment has still been made, the forfeit will be calculated on the basis of the remaining amount of the debt. In the case of issuing a referral, this amount will depend on the timing of its receipt.

Limits

The law provides for payment restrictions. If the damage was caused:

• Only property - 400 thousand rubles;
• Life and health - 500 thousand rubles.

Another limitation is that the amount of the penalty can not exceed the insured amount under the contract. The application for the forfeit of compulsory motor TPL insurance is filed with the company as part of pre-trial proceedings. It specifies the details for the transfer of funds.

Examples

Insurance neglected the terms of compensation for losses and delayed payment for 20 days. The amount of compensation is 120 thousand. One day of delay is 120 x 0.01 = 1.2 thousand rubles. To receive payment, the client must contact the company with the appropriate application.

After the accident, the car was damaged in the amount of 150 thousand rubles. A full set of documents for the payment of compensation was transferred to the company on September 1. As of September 30, payment was not received. The total delay is 10 days. For each day of delay, the company must pay 1.5 thousand rubles.

Timing

Within 20 days from the receipt of the full set of documents, the insurance company is obliged to pay compensation, issue a referral for repair work or provide a motivated refusal. If a shortage of securities is found, the insurer is obliged to notify the client about it and provide a complete list of missing documents. If there is no necessary information in the papers or documents were not provided at all, the organization may not pay the penalty and other compensation.

Terms of payment of the forfeit must be specified in the contract. Although this item is usually missed by the company. Therefore, after a month after the adoption of the relevant decision, you must file a claim with the company and the courts. Such cases are considered quickly. Within 10 days after the decision is made, a penalty and compensation must be paid.

Arbitrage practice

If it comes to court, then it is necessary to make two statements of claim. The first one is about the payment of damages, and the second - that the client is entitled to a foreclosure under MTPL. Both statements must be considered within the framework of one hearing. In the statement itself, you must specify:

• Identification code of the judicial authority to which the application is sent;
• All requisites of the defendant;
• All references concerning road accidents;
• Results of the examination;
• The amount of indebtedness for payment of compensation and forfeit.

The court most often makes a positive decision.

Penalty for OSAGO: nuances

The victim may claim compensation for the repair of his vehicle. He chooses the method of compensation for damage: in cash or in the form of payment for repair work. If both sides of the conflict are to blame for the road accident, then the compensation is paid in the same amount.

The very procedure of notifying the insurance about the accident has changed. If the car accident involved two cars, the owners of which have OSAGO, and there are no injured, each of them turns to his company. In other cases, you need to apply to the company of the culprit.

The procedure for registration of an accident on the Euro-protocol has also been changed. Each party must notify its company within 5 working days. Otherwise, the culprit will have to compensate for the damage at his own expense. If there is a video or photo of the incident, the maximum amount of payment in the capital and the Leningrad region will be 400 thousand rubles.

The victim is required to show his vehicle to the company within 5 days after the accident. At the request of the insurer, the third party is to blame. It must also provide the car for inspection within 10 days from the date of receipt of the application. The guilty person is not allowed to dispose of or repair the car within 15 working days, otherwise the insurance penalty for the payment of OSAGO and compensation will not be paid.

The insurer may demand payment of compensation and forfeit in the pre-trial order. If the parties do not agree, the penalty for compulsory motor third party liability and compensation will be collected through the court. Insurers are obliged to make all payments in a pre-trial order. However, in fact these amounts are less than those that are legally required for clients. Therefore, most of these cases are resolved through court.

Other sanctions

Penalty is another sanction that is applied to the insurer in case of violation of the terms of payment of compensation. Its size directly depends on the amount of accruals. In case of violation of the terms of payment of compensation, the company must compensate 1% of the amount of debt for the day of delay. If the firm violated the terms for providing directions for repairs, then it would be necessary to compensate 0.5% of the debt. With any method of calculation, installments can not exceed the premium guaranteed by the contract.

If, in order to receive compensation, clients will have to apply to the claim, the decision of the court on the forfeiture of compulsory motor TPL insurance will be supplemented by a decision on mandatory payment of interest. This is the largest monetary compensation for delay. Untimely transfer of funds to the beneficiary is considered the most serious breach of obligations by the insurer.

Article 16 of the Federal Law "On MTPL" provides for a fine in favor of an individual for violations of compensation payments. If the application is made by the Consumer Rights Protection Society, then half of the penalty is levied. The penalty amount is 50% of the amount of compensation for the case in question. It does not take into account the amounts that were paid voluntarily in the 20-day period, penalties, other compensation.

One more example

The total amount of payment by a court decision is 50 thousand rubles. In the allotted 20-day period, the company repaid only 10 thousand rubles. The interests of the injured party in the case are OZPP.

The amount of the fine = (50 - 10) х 0,5 = 20 thousand rubles. Of these, 10,000 are taken away by the victim, and another is the same number - OZPP.

Features

The total amount of the sanction can not exceed the maximum amount of payment for the relevant type of insurance and damage.

If the company has committed several offenses, sanctions can be requested for each of them.

To reduce the payments, the court can only on the basis of the respondent's statement and only if the calculated fines are disproportionate to the consequences of violations.

All sanctions apply to the recovery of compensation from the SAR.

Compliance with the court's claim for compensation does not exempt the company from payment of penalties.

Underestimation of the amount of payment

Almost always, the court understates the calculated amounts of forfeit. The exception is when the defendant did not appear in the court session, and absentee decisions. If the amount of compensation is small, the delay is small, there is a chance that the amount will not be reduced.

Prepare for the trial is still necessary. For example, write written explanations that reflect:

• Its disagreement with the petition for a reduction in compensation due to lack of grounds;
• List all the necessary conditions to reduce the payment and specify separately items that have not been met.

A copy of the written explanations should be attached to the case materials. When the court gives the floor for an answer, you need to briefly voice your position, stopping at the most important points.