Penalty for late payment of insurance compensation. How to calculate a penalty, a financial sanction, a fine under the OSAGO law

The legal relationship between the parties to the OSAGO agreement is no different from any other relationship that arises between the parties to the transaction within the framework of civil relations. Therefore, they also have ways to ensure the fulfillment of contractual obligations (forfeit: penalties or penalties).

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This mechanism comes into effect in the event that one of the parties does not fulfill or does not properly fulfill the contractual obligations assumed by virtue of the conclusion of the transaction and the signing of the necessary documents. Since sometimes the amounts of the penalty are very impressive, this is a deterrent for the parties to the contract, thereby forcing them to fulfill all their obligations on time.

A penalty is one of the varieties of liability under a civil law contract, which is applied in the event that contractual obligations are not performed or not fully performed.

A penalty is a fairly common form of liability for one's actions or inaction under an agreement, as it has a number of advantages:

the fact of the demand for repayment of the penalty follows from the violation of the norms and terms of the contract and does not require the collection of additional evidence;
the amount of the penalty is determined in advance;
is established for both parties to the contract, thereby stimulating not to violate the stipulated obligations.

There are two types of penalty:

penalties - are defined by specific limits (often the amount of the fine is even clearly stated) and are paid once;
fine - expressed as a percentage of the amount of the debt and can be collected repeatedly.

The current version of the OSAGO law clearly defines the cases in which the insurer is financially liable to its customers for non-compliance with the terms of the contract.

The law establishes two cases for the payment of a penalty:

violation of the terms of payment of compensation for insurance or referral for car repairs;
violation of the terms for the return of the insurance premium, if such is provided for by the OSAGO agreement.

In our country, all issues that arise in the course of the activities of insurance companies to provide services to the population are regulated and resolved on the basis of the following regulatory legal acts:

Civil Code of the Russian Federation (in particular, the concept of a penalty and everything connected with it is defined here);
the law on the insurance business in the Russian Federation (under the number 4015-I) - regulates the procedure and fundamentals of insurance activities in our country;
the law on OSAGO (number 40) - determines not only everything related specifically to OSAGO, but also establishes the procedure and amount of the penalty in the event of a question about its collection;
law number 223, which in 2019 introduced significant amendments and changes to the rules for the collection and calculation of penalties for OSAGO, which are also valid in the current 2019.

After contacting the insurer company, the insurance agent has 20 days to calculate the amount of compensation and make a full settlement with the applicant or provide reasoned refusal in payments. If 20 day the term has expired, and the insurer has not made a decision and has not made a calculation, then the person who applied for payments has the right to demand, in addition to the insurance money, the payment of a penalty.

The same rules also apply in the case when, instead of monetary compensation, the victim agreed to repair the car. It is the insurer who is fully responsible for the quality and terms of repair work under insurance. If the victim, while accepting the car after repair, noticed some major flaws or revealed flaws in the work, then he is obliged to inform the insurer about this and has the right not to take the vehicle from the car repair shop. Naturally, it will take more time to eliminate errors, which will already exceed the deadlines stipulated by law.

The insurer cannot be attracted to the payment of a penalty only if it has fully fulfilled its obligations imposed on it by the law of the Russian Federation and directly concluded by the OSAGO agreement.

Also, the penalty will not be paid if the deadlines were violated not through the fault of the insurer, but due to insurmountable circumstances or through the fault of the victim himself.

OSAGO Law No. 40

This regulatory legal act (clause 21 of article 12) establishes two options for a penalty:

In the case when the insurer was obliged to pay compensation, but he did not do it - 1% for each day from the end of the established period for calculation up to the transfer of funds in favor of the victim.
If the company refused to pay insurance and its refusal is legal and motivated, but the decision on this was not sent to the applicant's address - 0,5% from the estimated sum insured for each day of delay up to the notification of the decision.

For example, if an applicant applied for insurance in the amount of 200,000 rubles on September 1, and today is September 25 and no answer has been received, then it's time to think about collecting a penalty. In this case, the penalty is calculated starting from September 21.

The amount of the penalty is calculated from the first day after the end of the period set for settlement with the client and until the day when the payments were nevertheless made or the insurance indemnity was refused. All insurance companies use the same formula to calculate the amount of the penalty, which you can also resort to if you want to find out: how much the insurer "owed" you.

It looks like this:

The amount of the penalty = days of delay * 1/75 of the refinancing rate on the last day of the statutory period for the payment of insurance * insurance amount / 100.
The law also establishes the maximum allowable amount of forfeit for OSAGO in 2019. So, if harm is caused to the property of a citizen, then - 400,000 rubles, if life or health - 500,000 rubles.
To independently calculate the amount of the penalty, you can use both the above formula and the Internet calculator (mc-pravo.ru/raschet-po-osago).

For example, the insurer must pay you 120,000 rubles. He was obliged to do this before 05/01/2016, but the payment was not made until 05/20/2016. Therefore, there has been a violation of the terms, and, therefore, a penalty can be demanded.

Since the size of the refinancing rate as of April 30, 2016 was 8.25%, the amount of the penalty for 20 days is;

120,000 rubles / 75 * 8.25 / 100 * 20 days = 2,640 rubles.

This is the amount you can count on in the event of a delay in payment.

The law states that if it is necessary to recover a penalty under a civil law contract, it is necessary to go through the procedure of pre-trial settlement of the disputed situation, and only in the case when the parties cannot reach a consensus, apply to the court. This means that the policyholder or any other person whose interests and rights are violated, before filing a claim with the court, must write a statement to the insurer company that an insured event has occurred and that they need to compensate you for all losses incurred .

As soon as the letter has been sent to the addressee and registered in the correspondence acceptance log, the insurer has 20 days to review this document and make insurance payments or send a reasoned refusal to compensate.

If, within the period specified by law, insurance accruals to your account did not happen, then you should send a claim to the insurer, in which you indicate the amount of insurance and the calculated amount of the fine (penalty) for failure to comply with the terms of the contract. Send such correspondence only with delivery to the addressee in person, always with return notification of receipt.

If you yourself came to the office of the insurer, then, when filing a claim, keep a copy of it for yourself, where the receiver is obliged to put down the date and time of receipt of your application, as well as his signature. The insurer has 5 days to consider this document (including holidays), after which you can proceed to the next step.

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The next step is to go to court with a claim against the insurer to recover the amount of insurance and the amount of the penalty. A sample application for the payment of a penalty can be found on the Internet or you can go to court, where they will provide it to you.

We draw your attention to the fact that there must be two claims:

on the recovery of the amount of insurance;
for recovery of damages for breach of contract.

Despite the fact that there are two claims, they are considered in one litigation because they are inextricably linked.

Your claim must contain the following information:

standard information in the upper right corner of the application: name of the court, information about the defendant and the applicant;
the following sets out all the known circumstances about the accident that occurred, for which insurance is collected;
the amount of damage based on expert assessment;
indicate the calculation of the penalty and its size;
list any costs you incurred as a result of filing a lawsuit
information about when you filed claims and when you received a response (if any);
your requirements;
the list of documents that you attach to the application;
date, signature and initials of the applicant.

Mandatory documents that the applicant must attach to the text of his claim include:

decision on an administrative incident (RTA);
certificate from the place of the accident;
Act independent evaluation damage;
copies of applications and claims that were sent to the insurer, as well as responses, if they were received;
a certified extract from the medical record of the institution where the victim was treated (if the harm was caused to health);
copies of the documentation for the car that has been in an accident.

From the practice of the judiciary

In the event that the repair of a car damaged in an accident can be carried out within the framework of warranty service, then it is best to resort to obtaining monetary compensation and refuse the offer at unknown service stations.

There were statistics in the court, according to which the repair offered under the OSAGO agreement often entails only large losses and the need to go to court to resolve the issue.

Federal Law of April 25, 2002 N 40-FZ "On Compulsory Insurance of Civil Liability of Vehicle Owners" (OSAGO Law), as amended:

Article 16.1 of the law on OSAGO. Peculiarities of consideration of disputes under compulsory insurance contracts

If there are disagreements between the victim, who is not a consumer of financial services, determined in accordance with the Federal Law "On the Commissioner for the Rights of Consumers of Financial Services", and the insurer regarding the fulfillment by the latter of its obligations under the compulsory insurance contract prior to filing a claim against the insurer arising from non-performance or improper performance of obligations under the contract of compulsory insurance, disagreement of the victim specified in this paragraph with the amount of insurance payment made by the insurer, non-compliance by the station Maintenance the deadline for the transfer of the repaired vehicle to the victim specified in this paragraph, violation of other obligations to carry out the restoration repair of the vehicle, the victim specified in this paragraph sends the insurer a claim with the documents attached to it and substantiating the claim of the victim, which is subject to consideration by the insurer within ten calendar days, for excluding non-working holidays, from the date of receipt. Within the specified period, the insurer is obliged to satisfy the claim expressed by the victim for the proper performance of obligations under the compulsory insurance contract or send a reasoned refusal to satisfy such a claim.

If there are disagreements between the victim, who is a consumer of financial services, determined in accordance with the Federal Law "On the Commissioner for the Rights of Consumers of Financial Services", and the insurer regarding the fulfillment by the latter of its obligations under the compulsory insurance contract before filing a claim against the insurer arising from non-performance or improper performance their obligations under a compulsory insurance contract, disagreement of the injured party specified in this paragraph with the amount of the insurance payment made by the insurer, non-compliance by the service station with the deadline for transferring the repaired vehicle to the injured party specified in this paragraph, violation of other obligations to carry out the restoration repair of the vehicle, the victim specified in this paragraph must send a written application to the insurer, and the insurer is obliged to consider it in the manner established by the Federal Law "On the Commissioner for Avam of Financial Consumers".

2. The rights and legitimate interests of individuals who are victims or policyholders related to non-fulfillment or improper fulfillment by the insurer of obligations under a compulsory insurance contract are subject to protection in accordance with the Law Russian Federation dated February 7, 1992 N 2300-1 "On Protection of Consumer Rights" in the part not regulated by this Federal Law. The proper fulfillment by the insurer of its obligations under the compulsory insurance contract shall be recognized as making an insurance payment or issuing a repaired vehicle in the manner and within the time limits established by this Federal Law, as well as the fulfillment of the decision of the financial services consumer rights commissioner that has entered into force in accordance with the Federal Law "On Commissioner for the Rights of Consumers of Financial Services" in the manner and within the time limits established by the said decision.

The beginning of the delay period for the purposes of calculating the penalty (fine) in accordance with the Law of the Russian Federation of February 7, 1992 N 2300-1 "On Protection of Consumer Rights" is the day following the day of expiration of the period provided for the proper performance by the insurer of its obligations.

3. When the court satisfies the claims of the injured individual for making an insurance payment, the court shall recover from the insurer for failure to voluntarily fulfill the claims of the victim a fine in the amount of fifty percent of the difference between the total amount of the insurance payment determined by the court and the amount of the insurance payment made by the insurer on a voluntary basis. okay.

The insurer shall be released from paying the fine provided for in paragraph one of this paragraph, in the event that the insurer executes the decision of the Commissioner for the Rights of Consumers of Financial Services that has entered into force in accordance with the Federal Law "On the Commissioner for the Rights of Consumers of Financial Services" in the manner and within the time limits established by the said decision .

4. In case of non-compliance with the term for the return of the insurance premium in cases provided for by the rules of compulsory insurance, the insurer shall pay to the insured - to an individual a penalty (penalty) in the amount of one percent of the insurance premium under the compulsory insurance contract for each day of delay, but not more than the amount of the insurance premium under such a contract.

5. The insurer shall be released from the obligation to pay a penalty (penalty), the amount of a financial sanction and (or) a fine, if the obligations of the insurer were fulfilled in the manner and within the time limits established by this Federal Law, the Federal Law "On the Commissioner for the Rights of Consumers of Financial Services", as well as if the insurer proves that the violation of the terms occurred due to force majeure or through the fault of the victim.

6. The total amount of the forfeit (fine), the amount of the financial sanction, which are payable to the victim - an individual, cannot exceed the amount of the sum insured by the type of harm caused, established by this Federal Law.

7. The insurer may not be charged a penalty (penalty), the amount of a financial sanction, a fine not provided for by this Federal Law and related to the conclusion, amendment, execution and (or) termination of compulsory insurance contracts.

8. Responsibility for the fulfillment of obligations under a compulsory insurance contract concluded by an insurance agent or an insurance broker shall be borne by the insurer.

Return to document table of contents: Federal Law No. 40-FZ of April 25, 2002 "On OSAGO" as amended

Comments on article 16.1 of the OSAGO law, judicial practice of application

Clarifications of the Plenum of the Supreme Court of the Russian Federation 2017:

Amounts already awarded by the court can be transferred under an assignment agreement

Awarded by the court the amount of compensation for non-pecuniary damage and the fine provided for in paragraph 3 of Article 16.1 of the Law on OSAGO and paragraph 6 of Article 13 of the Law on the Protection of Consumer Rights may be transferred under the contract of assignment of the right to claim to any person.

Collection of both a penalty and a financial sanction

The recovery of a penalty along with a financial sanction is carried out in the event that the insurer violates both the deadline for sending a reasoned refusal to the victim in insurance compensation, and the deadline for making an insurance payment or compensation for damage in kind.

It should be borne in mind that paragraph 6 of Article 16.1 of the OSAGO Law establishes a limit on the total amount of penalties and financial sanctions collected by the court only in relation to the victim - an individual.

Interest under Art. 395 of the Civil Code of the Russian Federation are not charged

Interest provided for in Article 395 of the Civil Code of the Russian Federation (clause 4 of Article 395 of the Civil Code of the Russian Federation, clause 7 of Article 16.1 of the OSAGO Law) is not subject to accrual of interest on the amount of untimely paid insurance compensation.

Collection of a fine of 50% from the insurer, regardless of the statement of such a requirement

When the court satisfies the claims of the victim, the court simultaneously resolves the issue of collecting a fine from the defendant for non-fulfillment of claims on a voluntary basis, regardless of whether such a claim was made to the court (paragraph 3 of Article 16.1 of the OSAGO Law). If such a requirement is not stated, then the court, during the consideration of the case on the merits, raises the issue of collecting a fine for discussion by the parties (Part 2 of Article 56 of the Code of Civil Procedure of the Russian Federation).

If the decision to collect a fine from the insurer is not made by the court, the court has the right, in the manner prescribed by Article 178 of the Arbitration Procedure Code of the Russian Federation, to make an additional decision. The absence in the court decision of an indication of the recovery of a fine may also serve as a basis for changing the decision by the court of appeal or cassation when considering the relevant complaint (Articles 330, 387 of the Code of Civil Procedure of the Russian Federation).

The fine in favor of the victim is calculated from the unpaid amount of insurance compensation

The amount of the fine for non-compliance with the requirements of the victim on a voluntary basis is determined in the amount of 50 percent of the difference between the amount of insurance compensation payable for a particular insured event to the victim and the amount of the insurance payment made by the insurer on a voluntary basis before the initiation of a case in court, including after presentation claims. At the same time, the amount of the penalty (penalty), financial sanction, monetary compensation for moral damage, as well as other amounts that are not part of the insurance payment, are not taken into account when calculating the amount of the fine (clause 3 of article 16.1 of the OSAGO Law).

The fine is collected in favor of an individual or a consumer association

A fine for failure to voluntarily fulfill the requirements of the victim, based on the provisions of paragraph five of Article 1 and paragraph 3 of Article 16.1 of the OSAGO Law, is collected in favor of the individual - the victim.

When the court satisfies the claims made by public associations of consumers (their associations, unions) or local governments in defense of the rights and legitimate interests of a particular victim - the consumer, 50 percent of the amount of the fine determined by the court, by analogy with paragraph 6 of Article 13 of the Law on the Protection of Consumer Rights, collected in favor of the said associations or bodies, regardless of whether they made such a claim (paragraph 1 of Article 6 of the Civil Code of the Russian Federation).

If the court satisfies the claims of legal entities, the said fine shall not be collected.

Payment of insurance compensation after the victim has applied to the court does not exempt the insurer from paying a fine

The presence of a litigation on the recovery of insurance compensation indicates a failure by the insurer to fulfill its obligation to pay it voluntarily, and therefore the satisfaction of the claims of the victim during the period of consideration of the dispute in court does not relieve the insurer from paying a fine.

Exceptional cases of reduction of the penalty under Art. 333 of the Civil Code of the Russian Federation

Forfeit, financial sanction and fine may be collected from the association of insurers

The forfeit, financial sanction and fine provided for by the OSAGO Law also apply to the professional association of insurers (paragraph three of paragraph 1 of Article 19 of the OSAGO Law).

Mandatory pre-trial procedure for settling a dispute from OSAGO. When can a claim be filed?

Taking into account that the second paragraph of paragraph 1 of Article 16.1 and paragraph 3 of Article 19 of the OSAGO Law establishes a mandatory pre-trial procedure for resolving disputes from the OSAGO agreement, the victim has the right to file a claim from the day when he knew or should have known:

on the insurer's refusal to provide insurance compensation or direct compensation for losses by arranging and paying for the restoration repair of a damaged vehicle at a service station or issuing the amount of insurance payment, or
on the implementation of insurance compensation or direct compensation for losses not in full.

In addition, the victim has the right to file a claim from the day following the day of the expiration of the twenty (thirty) day period (excluding non-working holidays) from the date of filing an application for insurance compensation with the submission of all necessary documents for the insurer to decide on organizing and paying for the restoration of the damaged vehicle. funds at a service station or on the issuance of the amount of insurance payment (clause 15.3 and clause 21 of article 12 of the OSAGO Law).

Non-working holidays are determined in accordance with Article 112 of the Labor Code of the Russian Federation.

For more information about the mandatory pre-trial procedure for resolving disputes from the OSAGO agreement, see paragraphs. 92 - 98 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 26, 2017 N 58

Clarifications of the Supreme Court of the Russian Federation in the Practice Review 2016:

Pre-trial order

Mandatory pre-trial procedure for settling a dispute on OSAGO in case of direct compensation for losses

The insurer that paid the victim a sum of money in the form of direct compensation for losses, in the event of a dispute with the insurer that insured the liability of the tortfeasor, is obliged to comply with the requirements for a mandatory pre-trial dispute settlement procedure (for details, see paragraph 3 of the "Overview of the practice of considering cases by courts

Mandatory pre-trial procedure for the recovery of insurance, penalties, financial sanctions for OSAGO

When filing claims to the court for the recovery of insurance compensation, forfeit and / or financial sanction at the same time, the mandatory pre-trial procedure for resolving the dispute is considered to be observed even if the requirements established by paragraph 1 of Article 16.1 of the OSAGO Law are met by the plaintiff only in relation to claims for insurance payment ( see more details in paragraph 4 of the "Overview of the practice of consideration by the courts of cases related to compulsory insurance of civil liability of vehicle owners"

Settlement of an insured event

Collection of insurance payment for OSAGO after the conclusion of an agreement on the settlement of an insured event without an independent technical expertise

After the insurer fulfills the obligation to pay insurance in the amount agreed by the parties when concluding an agreement on the settlement of an insured event without an independent technical examination of the vehicle or an independent examination (assessment) of damaged property, there are no grounds for recovering any sums of money in excess of those agreed by the parties. The victim has the right to apply to the court with a claim to challenge such an agreement and to recover the amount of insurance compensation only if there are grounds for recognizing the said agreement as invalid (for more details, see paragraph 18 of the "Overview of the practice of courts considering cases related to compulsory insurance of civil liability of vehicle owners" (approved by the Presidium of the Supreme Court of the Russian Federation on June 22, 2016)

Recovery of a fine

Payment of insurance compensation for OSAGO during a dispute in court does not exempt the insurer from a fine

Satisfaction of the claims of the victim during the period of consideration of the dispute in court, provided that the plaintiff has not withdrawn the claim, in itself is not a basis for relieving the insurer from liability in the form of a fine for improper performance of obligations (for details, see paragraph 26 of the "Overview of the practice of considering cases by courts associated with compulsory civil liability insurance of vehicle owners"

Sample claims:

clarification invalid Resolutions of the Plenum of the Supreme Court of the Russian Federation 2015:

The fine for failure to voluntarily fulfill the requirements of the victim, based on the provisions of paragraph five of Article 1 and paragraph 3 of Article 16.1 of the OSAGO Law, is collected in favor of the individual - the victim.

If the court satisfies the claims of legal entities, the specified fine is not collected

When calculating the amount of the fine from the insurer, the amount of the penalty and the financial sanction is not taken into account

The amount of the fine for non-fulfillment of the requirements of the victim on a voluntary basis is determined in the amount of fifty percent of the difference between the amount of insurance compensation payable to the victim in a specific insured event and the amount of insurance payment made by the insurer on a voluntary basis. At the same time, the amount of the penalty (penalty), financial sanction, monetary compensation for moral damage, as well as other amounts that are not part of the insurance payment, are not taken into account when calculating the amount of the fine (clause 3 of article 16.1 of the OSAGO Law) (See clause 64 of the resolution Plenum of the Armed Forces of the Russian Federation No. 2)

From September 1, 2014, the fine under the law on consumer protection does not apply to OSAGO relations

Within the meaning of paragraph 7 of Article 16.1 of the OSAGO Law, other penalties, the amount of a financial sanction, a fine not provided for by the OSAGO Law cannot be recovered from the insurer.

The provisions of paragraph 3 of Article 16.1 of the OSAGO Law on a fine for failure to voluntarily fulfill the requirements of the victim are applied if the insured event occurred on September 1, 2014 or later. Disputes arising from insured events that occurred before September 1, 2014 are subject to the provisions of paragraph 6 of Article 13 of the Consumer Rights Protection Law (paragraphs 59, 60 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2).

Recall that, in accordance with paragraph 6 of Article 13 of the law on the protection of consumer rights, when the court satisfies the requirements of the consumer established by law, the court collects from the manufacturer (executor, seller, authorized organization or authorized individual entrepreneur, importer) for non-compliance with the voluntary satisfaction of consumer requirements a fine of fifty percent of the amount awarded by the court in favor of the consumer.

And paragraph 3 of Article 16.1 of the OSAGO law reads as follows: “when the court satisfies the claims of the victim - an individual for making an insurance payment, the court collects from the insurer for failure to voluntarily fulfill the requirements of the victim a fine in the amount of fifty percent of the difference between the total amount of the insurance payment determined court, and the amount of insurance payment made by the insurer on a voluntary basis.

Thus, if earlier (before September 1, 2014), the insurer would have paid a fine of 50% of the total amount collected determined by the court, including: 1) the amount of the insurance payment; 2) penalties; 3) non-pecuniary damage, now the penalty is paid only from the difference in insurance payment.

Reduction by the court of the penalty, fine and financial sanction collected from the insurer

Part of the money determined at the level of legislation - the penalty for OSAGO must be paid by one person to another in case of default on obligations under the contract. In the insurance industry, penalties are applied to an insurance company for delays that may occur in processing a claim or claim.

All relations between the insurer and the owner of the car in terms of claiming and paying underpayment for OSAGO are governed by the provisions and norms of the Civil Code of the Russian Federation, FZ-4015/1 “On Insurance”, FZ-40 “OSAGO Law” and FZ-223 (changes that have entered into force from 2014 on new methods of calculating fines).

The insurance company is obliged, within 20 days from the date of acceptance of the application from the victim, to carry out the actions provided for him (FZ-12, paragraph 21 of 2002, FZ-40 - the law on OSAGO). Namely:

transfer material compensation;
provide the owner of the car with a referral for the restoration of the vehicle;
refuse to pay insurance, motivating him.

For non-compliance with the period stipulated by the law on OSAGO, the organization is charged a penalty or penalties are applied to it for each day of non-payment of compensation. The amount of the penalty is set as follows:

1% of the amount of compensation due daily if there were no insurance payments or the car was not sent for repair;
0.05% of the total compensation for the category of damage caused for each day of underpayment for OSAGO, unless a reasoned refusal was issued to cover the costs of restoring the vehicle.

The penalty is calculated not only on the means of repair work, but also on other costs incurred as a result of the occurrence of a possible risk and intended for the realization by the injured of the right to compensation according to the contract.

Insurance premiums can be obtained in several ways:

together with the principal amount of the debt, including the penalty in the claim;
a separate statement after the payment of the total debt.

It is preferable to use the first method of collecting a penalty under the OSAGO policy - it will reduce time and material costs.

An insurance organization is obliged to pay a penalty or a financial sanction only if there is an application from the victim. The penalty is accrued daily from the period following the date when the organization was supposed to provide a response on the payment of material compensation and until the actual day the obligations assumed by the insurer were fulfilled (Resolution of the PVS of the Russian Federation, paragraph 55 of 2015 No. 2).

Penalty amount = amount of underpayment * 0.01 * days of delay.

If the insurer did not provide compensation under the OSAGO policy within the time limits stipulated by law or did not send a justified refusal to the owner of the vehicle, then, in addition to the forfeit, a material sanction is also charged from it.

For violation of the terms for providing a reasoned decision in the transfer of insurance, the company is obliged to pay the victim a financial penalty for each day of underpayment - 0.05% of the amount of compensation according to the type of damage caused to each car owner, provided for by the law on compulsory insurance, art. 7:

for damage to property - 400,000 rubles;
for damage to health, normal life - 500,000 rubles.

The penalty for OSAGO insurance is accrued from the date following the date that should have been allowed to reimburse material expenses, and until the moment a reasonable refusal is provided to the victim, and if it is not sent, until the date of imposition of pecuniary punishment by the courts.

The calculator will help determine the amount of the financial penalty:

400 thousand rubles / 100 * 0.005 * days of non-payment of compensation.

Regardless of the duration of the delay, the calculated penalty cannot be more than the amount of the maximum damage by the type of damage caused, established by the Federal Law on OSAGO. And if the period for providing insurance compensation is not observed, it should not exceed the amount of compensation (Article 16.1, Clause 4 of Federal Law-40).

Penalties and material sanctions are paid on the basis of an application submitted by the victims for the calculation of a penalty or financial assistance, indicating the method of calculation (non-cash or cash) and the details of the financial institution. No other paperwork is required.

If within 5 days the insurance company has not satisfied the claims of the victim, he has the right to file an appropriate claim with the court. There should be several applications: the first is for the recovery of an insurance payment, the second is for penalties under the OSAGO policy, they are considered separately, but in one process.

The claim must contain the following information:

all the circumstances under which the accident occurred;
information about the victim and the defendant, as well as the name of the court;
the amount of the damage caused (according to the results of an independent examination) and the amount of the penalty (provide a calculation under the OSAGO policy);
expenses incurred during the resolution of the dispute: services of lawyers, mail;
information about claims sent to the insurance company;
claims regarding the penalty and a list of papers attached to the claim;
number and "autograph" of the victim.

The following papers should be attached to the claim regarding the accrual of a penalty under the OSAGO policy: an act of assessing the damage caused to the vehicle, a decision on a traffic accident, a certificate from the scene of the accident, copies of previous applications and claims, certificates for the car and a form from a medical institution, if the victim was treated.

In practice, it has not been proven once that if the owner of the vehicle wants to recover a penalty under the OSAGO policy, he must act consistently. Namely:

a request is sent to the insurance organization to receive compensation via mail by registered mail with notification or in person;
if there is no answer, a claim is made, to which the company must provide a response within 5 days.

When the insurer simply ignores the claims of the owner of the vehicle under OSAGO, he has the right to file a claim with the courts. Penalty payment can be made money transfer or in cash. In the latter situation, the time and place is announced to the client in advance.

To transfer funds, the victim must provide the company with his details (the number of a plastic card or current account). The amount of the penalty for OSAGO insurance generally depends on whether the owner of the vehicle has a policy on hand or he forgot it at home.

The court may release the insurer from the payment of fines if:

the organization has fulfilled its obligations in the period and in the manner prescribed by law;
non-payment of compensation occurred as a result of unforeseen circumstances;
periods are violated as a result of inaction or actions of the victim.

All grounds for the cancellation of penalties, forfeits under OSAGO must be provided in the courts by the insurer itself. In case of non-payment of insurance compensation, you should contact the organization with an appropriate application, in case of refusal to file a claim with the courts with a full package of documents.

Last updated March 2019

If the time limit within which you must receive insurance payment under OSAGO, or receive a referral from the insurer for the repair of your car, you have the right to receive a penalty (penalty) from the insurance company for improper fulfillment of obligations.

The insurance company must consider the claim, and then decide whether to pay the sum insured or refuse. If the refusal is not justified by objective reasons, the insurer is threatened with the recovery of a penalty under OSAGO.

Cases of payment of a penalty under OSAGO

The insurance company must transfer the penalty for late payment under OSAGO in the following cases:

the insurer refused to pay without grounds established by law;
the insurer paid the insurance indemnity untimely, violating the deadlines established by law;
the insurer did not pay out the insurance full size by reducing the payout amount;
refusal to issue a referral for restoration work;
untimely issuance of a referral for repairs;
violation of the terms of repair work;
belated response to the refusal to recognize the insured event.

How to calculate the penalty

The law quite clearly defines how the penalty for OSAGO is calculated. Compensation is calculated as follows:

for delay in payment of OSAGO or non-issuance of a repair direction penalties are calculated on the basis of 1% of the loss and is paid for each day overdue. In this case, the maximum amount of loss cannot be more than 400,000 rubles. in case of damage to the car and 500,000 rubles. in case of harm to health;
for failure to repair calculated based on 0.5 percent the cost of repairing a car, taking into account its wear and tear, in the amount of for each day of delay. But the maximum amount of this type of penalty cannot be more than the cost of repairs, regardless of the duration of the delay. In this case, it turns out that the insurance organization is responsible for the actions of the repair shop;
for late written refusal of insurance payments. The answer must be sent within 20 days (excluding holidays). If the deadline is missed, then a sanction in the amount of 0.05 percent from the amount insured (400,000 rubles or 500,000 rubles in case of harm to health) for each day of delay.

Subtleties to consider:

the penalty must be paid for the entire time of non-payment or delay, inclusive, up to the day of its payment or the issuance of a referral or provision of a response (depending on the violation). Holidays and weekends are not excluded from the calculation;
if the collection of the penalty is related to the incomplete payment of insurance, then the amount of the penalty is calculated from the amount that has not been paid.

The total maximum amount of the penalty under OSAGO cannot exceed the sum insured. That is, for damage to the car - 400 thousand rubles, for damage to health - 500 thousand rubles.

for instance, the insurance company did not provide a response to the claim for damages, did not provide a referral for repairs. As a result, the victim calculated penalties for the lack of a referral for repairs in the amount of 560 thousand rubles. and 75 thousand rubles. for failure to provide a response to an application for payment of insurance. The total amount of penalties amounted to 735 thousand rubles. However, the court will cut the amount of penalties and sanctions to 400 thousand rubles.

The maximum amount of claims for compensation and penalties for damage to a car can reach 800,000 rubles. = 400.000 rub. insurance compensation + 400.000 rubles. penalties/sanctions for not receiving a response to the application.

The amount of the claim for the victim in connection with harm to health according to a similar formula will be 1 million rubles.

The total amount of the claim may be increased by the amount of the fine, non-pecuniary damage, court costs.

for instance, the plaintiff announced the payment of compensation of 400,000 rubles, a penalty of 490,000 rubles, a fine of 200,000 rubles, non-pecuniary damage of 100,000 rubles, court costs of 50,000 rubles. The court satisfied: insurance compensation - 400 thousand rubles, a penalty - 400 thousand rubles, a fine of 200 thousand rubles, non-pecuniary damage - 10 thousand rubles, court costs 15 thousand rubles. Thus, the total amount of recovery will be 1,025,000.00 rubles.

The procedure for paying a penalty

Having calculated the penalty, the car owner or citizen who has been harmed must submit a special application to the insurance company for the payment of penalties and sanctions. That is, a separate document is submitted in addition to the main application for insurance payment.

An application for a penalty is written in a free form. It states:

Information of the insurance company;
Citizen data;
Basis and calculation of fines;
Method of payment of penalties (from the cash desk or by transfer);
Bank details, if there is a bank transfer to the victim's account.

There is no specific time period for the insurer to pay the penalty. And, as practice shows, insurance companies rarely voluntarily pay these amounts. Therefore, such a monetary issue is resolved in court.

Pre-trial settlement

Contacting the insurance

If the insurance indemnity or referral for repairs within the established timeframe (after 20 days) has not been received by the insured, and the amount of penalties has not been paid, then a claim should be sent to the insurance company.

The claim must include the following:

applicant details (name, address, telephone number);
the name and address of the insurance company that delayed the payment;
a description of your problem;
details of the account where the funds will need to be transferred;
date of preparation of the claim, the signature of the applicant with its transcript.

You can take the claim to the insurance company personally, while receiving confirmation of delivery in the form of an incoming number and the signature of the person who accepted it on the second copy, or you can simply send it in a valuable letter with an inventory and notification.

insurance company claim must consider within ten days, after which it will either be satisfied, confirming this with the transferred amount, or a response will be sent to the applicant about the refusal to satisfy it.

You should be very careful about the documents that you attach to the claim to the insurance company! Such documents include originals or notarized:

victim's passport;
Title, certificate of state registration of the vehicle, contract for the sale of a car;
a power of attorney or a lease agreement (if the insurance is received not by the owner, but by a temporary user of the car);
a protocol and resolution on an administrative violation or a ruling on refusal to initiate an administrative case;
notice of an accident if the traffic police were not called to the scene of the accident;
half OSAGO.
applications for payment of insurance compensation and penalties;
calculation of the penalty (if it was drawn up on a separate document).

It happens that companies, having received a claim, do not inform the victim that the package of documents does not contain everything that is required to receive a penalty for delay in insurance payment under OSAGO. And after the victim files a claim with the court, the insurance company will object, referring to the lack of necessary documents, that is, non-compliance with the pre-trial settlement procedure. Compliance with it is a prerequisite for receiving the amount of the penalty.

If you do not have evidence of sending a claim to the insurance company, your claim to the court for the payment of a penalty for OSAGO will simply be left without consideration.

You can file a lawsuit with the court only after the insurer company either sends the applicant a written refusal to reimburse the fine, or there will be no response to the claim at all.

Director
LLC "Insurance company "Protivorisk"
Lobachev L.L.
__________________________
400100, Russian Federation, Novgorod region,
Veliky Novgorod,
st. Dymskogo, house 34, office 77
from the insured Fomenko F.F.
__________________________
400200, Russian Federation, Novgorod region,
Veliky Novgorod, st. Bursky, house 17, kV. 65

Claim

September 19, 2017 between Fomenko F.F. and LLC IC Uverennost signed an agreement on compulsory insurance of civil liability of vehicle owners: the insured and beneficiary Fomenko F.F., vehicle Peugeot 307 VIN z7t4c8fs9bm018219 state registration plate С281НХ191, validity period 1 year. The terms of the contract are confirmed by an insurance policy series III number 03696875 dated 09/19/2017.

On March 10, 2018, an accident occurred with the participation of the driver Ilyin I.I., who was driving a Toyota Korola car, state registration plate C321CX191 and Fomenko F.F., driving a Peugeot 307 car, state registration plate C281NH191.

As a result of an accident, a Peugeot 307 car, state registration plate С281НХ191, was damaged (hood, left fender, left door, front bumper, radiator grill, left headlight), which is confirmed by the protocol on administrative offense No. 007843 dated 03/21/2018.

In accordance with the decision on an administrative offense No. 00788465 dated 21.03.2018, Ilyin AND.AND. was found guilty of committing an administrative offense under Part 1 of Art. 12. 12 of the Code of Administrative Offenses of the Russian Federation. Victims of misconduct Ilyina AND.AND. was recognized by Fomenko F.F.

Ilyin I.I. insured his liability according to the rules of OSAGO in LLC IC Protivorisk, OSAGO insurance policy of series XXX number 01938456 dated 01/20/2018.

On March 23, 2018, the victims submitted an application for insurance compensation to IC Protivorisk LLC. To date, the insurance company has not inspected the vehicle, and has not issued a referral for the restoration of the vehicle.

On April 20, 2018, the insured organized and conducted an assessment of the damage as a result of the accident. The cost of refurbishment according to the act of assessment No. 094 dated April 22, 2018 amounted to 123.001 rubles.

By virtue of Part 21 of Art. 12 of the Federal Law “On Compulsory Civil Liability Insurance of Vehicle Owners”, the insurer is obliged to issue to the victim a referral for the repair of the vehicle indicating the service station where his vehicle will be repaired.

In accordance with par. 2 hours 21 Art. 12 of the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners”, if the deadline for issuing a direction to the victim for repair of the vehicle is not met, the insurer for each day of delay pays the victim a penalty (fine) in the amount of one percent of the amount of insurance compensation according to the type of harm caused to each victim.

The victim should have been issued a referral for repairs no later than April 14, 2018.

On April 20, 2018, an application was submitted to IC Protivorisk LLC for the payment of a penalty due to a violation of the deadline for issuing a referral for restoration repairs. The application was left without consideration and satisfaction.

The delay period as of April 29, 2018 is 15 days. In this connection, the amount of the penalty is 18450.15 rubles. (123.001 rubles X 1% X 15 days).

Given the above,

consider the present claim immediately;
issue a referral for refurbishment at a service station accredited by SK Protivorisk LLC and located at the place of residence of the victim (Veliky Novgorod, Zapadny district);
to pay a penalty in the amount of 18450.15 RUB. non-cash form to the account of the victim in a credit institution.

Appendix:

a copy of the passport of Fomenko F.F.;
a copy of the certificate of state registration of the vehicle Peugeot 307, state number С281НХ191;
a copy of the protocol on administrative violation No. 007843 dated March 21, 2018;
a copy of the decision on an administrative offense No. 00788465 dated March 21, 2018;
a copy of the insurance policy III number 03696875 dated September 19, 2017;
a copy of the application for insurance compensation dated March 23, 2018;
a copy of the application for the payment of a penalty dated April 20, 2018;
a copy of the valuation report No. 094 dated April 22, 2018;
bank account details Fomenko F.F. in a credit institution.

Sincerely, Fomenko F.F. _________________ April 29, 2018

Contacting the Central Bank

Regardless of the claim to the insurance company and the trial, the victim can write an application to the Central Bank. The Bank of Russia controls the activities of insurance companies and such a complaint is an alternative way to resolve the problem. More often than not, this can be used to resolve the issue of payments. However, in matters of forfeit, such complaints are not so effective. Sometimes, in response to a complaint, the Central Bank advises to apply to the court or to the Service for the Protection of the Rights of Consumers of Financial Services.

The application must contain almost the same information as the claim to the insurance company. It indicates:

last name, first name and patronymic of the applicant, his address and telephone number;
the name and location of the insured company;
description of violations by the insurance company, calculation of penalties, etc.;
details of the insurance contract or policy;
the number of the claim file filed by the insurance company;
date and signature.

The required documents must be attached to the complaint, including a copy of the complaint.

An application to the Central Bank can be sent via the Internet, directly through the reception of the Central Bank. Directly on the bank's website there is a corresponding form that you just need to fill out. The application must indicate the following:

The Central Bank of the Russian Federation promptly considers the complaint and informs the applicant about its results.

Going to court

Unresolved disputes that relate to payments under the OSAGO policy can be resolved in civil proceedings. Judicial practice on forfeit OSAGO in 2018 is quite extensive.

They turn to the court after a citizen was denied payment after sending a claim to an insurance company. Accordingly, the basis for going to court is a written refusal to pay a penalty after the insurer receives a claim, or the absence of a response to it.

Penalties can be claimed together with the insurance indemnity or separately, after such as the amount insured has already been collected. That is, according to the second solution.

The claim is drawn up according to a standard model, however, with the obligatory consideration of the requirements of civil procedural legislation.

The application must indicate the following:

the name of the court to which you are filing your claim;
name and address of the insurance company;
full details of the plaintiff (last name, first name, patronymic, as well as address);
the circumstances that led to the filing of the claim;
grounds for your claims in the form of references to regulations;
your claims against the insurer company, indicating the exact amount of the penalty, as well as its justification in the form of a calculation.

The document must be signed either personally by the applicant or by his representative under a power of attorney that contains such authority.

Documentation

The insurance company has the right to demand a specific list of documents for insurance payment.
By the time the issue of collecting the penalty is resolved, you must already send all the necessary documents to the company as an attachment to the application for payment and to the application for the penalty. However, it is possible that the documents will have to be duplicated. Documents that may be required in the insurance company (as well as in court) in addition to calculating the penalty are as follows:

Documents related to the vehicle:

Copy of PTS;
a copy of the COP;
Copy of OSAGO policy.

Applicant's documents:

a copy of the passport or other identity document;
power of attorney of the representative, certified by a notary;
bank details for transferring funds;

Documents for insurance payment:

a copy of the protocol on an administrative offense;
a copy of the decision on the case of an administrative offense;
a copy of the decision to refuse to initiate proceedings on an administrative offense.

Documents for determining damage:

expert assessment of damage;
receipt of payment for the services of an expert.

If the documents provided are in order and presented to the court in full, then the courts, as a rule, take the side of the victims and satisfy the claims for the recovery of a penalty for OSAGO.

In the statement of claim, you may not declare a requirement for payment of a fine. The court itself will decide the issue of recovering a fine from the insurer for failure to fulfill the obligation.

The amount of the fine is determined in the amount of 50% of the difference between the amount of insurance that was due to the victim and the amount of the actual payment. That is, the amount that the plaintiff received, including after the claim was filed. Any other amounts that are not included in the insurance indemnity are not taken into account when calculating the fine.

At the same time, a fine is collected only if the plaintiff is an individual, and in his favor. But if a claim filed by a legal entity is satisfied, such a fine is not collected.

Sample letter of claim for compensation from an insurance company

To the Kuibyshevsky District Court
Samara region
443101, Russian Federation, Samara region, Samara,
Pugachevsky tract, 65

Claimant:
Koreykin Igor Ivanovich, born April 10, 1968
Place of residence: 443104, Russian Federation, Samara region,
Samara, st. Bolshevik,
13/3, apt. 45

Respondent:
Limited Liability Company "StrakhVS"
Location: 443106, Russian Federation, Samara region,
Samara, st. Permskaya, 16, office 95
TIN 632323524, OGRN 1125487652312

Third person:
Yegoshin Egor Semenovich, born 11/12/1976,
Place of residence: 443104, Russian Federation,
Samara region, Samara, st. Paveletskaya,
33, room 15

Statement of claim
on the recovery of a penalty and compensation for moral damage

claim price: 269,000 rubles.

01/22/2018 at the intersection of Primorskaya and V.I. Lenin city of Samara, Samara region driver Yegoshin E.S., driving a Toyota Camry vehicle, registration number C303NH163, collided with a Mitsubishi Lancer vehicle, registration number C945XX163, owned by the plaintiff.

Between the defendant and the plaintiff, an agreement was concluded on compulsory insurance of civil liability of vehicle owners.

By the decision in the case of an administrative offense No. 180811000076707434 dated 12.02.2018, a third party Yegoshin E.S. found guilty of committing h. 1 Article. 12.13 Administrative Code of the Russian Federation.

02/15/2018, the plaintiff is in order with. 14.1 of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" applied to the insurance company with an application for issuing a referral for refurbishment.

After the expiration of the established period (20 days), there was no response, no referral was issued.

The plaintiff applied to an independent expert organization for an autotechnical examination. In accordance with the expert's conclusion, the cost of restoring repairs, taking into account the wear and tear of the vehicle, amounted to 350,000 rubles.

Due to the fact that the insurer did not voluntarily perform the actions required of it (did not inspect the vehicle, assess the cost of repairs, did not issue a referral for repairs, etc.), the plaintiff applied to the court demanding that STRakhVS LLC issue a referral to a repair shop organizing and paying for the restoration repair of the plaintiff's vehicle in the amount of 350,000 rubles, as well as collecting a fine in the amount of 50% of the amount of the insurance compensation awarded.

As a result of the consideration of the case, a decision was made on 04/05/2018, by which the claims were satisfied in full.

During the trial, the court found that the plaintiff, having legal and reasonable grounds, applied to the defendant on February 15, 2018 with an application for issuing a referral to a repair station and subsequent payment for the repair; in the amount of 350,000 rubles; the insurer had to issue a referral for car repair no later than 03/07/2018.

The judicial act entered into force on May 10, 2018 and is binding on the party and third parties.

A writ of execution has been received in the case. An application for initiation of enforcement proceedings was sent to the bailiff service. To date, the defendant has not issued a referral for repairs and repair work not produced.

Thus, the defendant violated the plaintiff's right to receive timely and adequate insurance compensation.

In accordance with par. 2 p. 21 Art. 12 of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" in case of failure to comply with the deadline for issuing a direction to the victim for repair of the vehicle, the insurer for each day of delay pays the victim a penalty (fine) in the amount of one percent of the amount of insurance compensation determined in accordance with this Federal Law for the type of harm caused to each victim.

A judicial act of April 05, 2018 established the amount of insurance compensation equal to 350,000 rubles.

The term of the unfulfilled obligation in full (in the amount of 350,000 rubles) as of the date of filing the claim on May 21, 2018 is 74 days. Thus, the size of the penalty interest is 74, that is, it is equal to the number of days of the declared delay. Accordingly, the amount of the penalty is determined by the following calculation: 350,000 rubles. X 74% \u003d 259,000 rubles.

By virtue of paragraph 4 of Art. 16.1 of the Federal Law "On OSAGO", the total amount of the penalty (penalty), the amount of the financial sanction, which are payable to the victim - an individual, cannot exceed the amount insured by the type of harm caused, established by this Federal Law.

In accordance with subparagraph "b" of Art. 7 of the Federal Law "On OSAGO" the amount of the sum insured in terms of compensation for damage caused to the property of each victim should not exceed 400 thousand rubles. Since the amount of the penalty within the framework of the requirements is 259,000 rubles, which is less than the limit value, the calculated level of the penalty complies with the requirements of the law, that is, it cannot be reduced by law.

Paragraph 5 of the Law "On OSAGO" provides that the insurer is released from the obligation to pay a penalty (penalty), the amount of a financial sanction and (or) a fine, if the obligations of the insurer were fulfilled in the manner and within the time limits established by this Federal Law, and also if the insurer proves that the violation of the terms occurred due to force majeure or through the fault of the victim.

However, the insurance company does not refer to these circumstances and did not provide evidence of such circumstances. In view of this, the application of this norm is excluded and there are no grounds for releasing the defendant from civil liability.

Paragraph 4, paragraph 21 of Art. 12 of the Federal Law “On OSAGO” provides for a penalty (penalty) in case of failure to comply with the deadline for the implementation of insurance compensation, they are paid to the victim on the basis of an application filed by him for the payment of such a penalty (penalty), which indicates the form of payment (cash or non-cash), as well as bank details for which such a penalty (fine) must be paid if the victim chooses a non-cash form of payment, while the insurer is not entitled to require additional documents for their payment.

The said application, b / n dated April 29, 2018, was sent to the defendant. And it was received by the insurer on April 30, 2018, which is confirmed by a mail notification.

In addition, the plaintiff additionally sent a claim dated May 11, 2018 with a proposal to settle the issue of payment of the penalty in an out-of-court procedure.

However, neither the application nor the claim received a response, and no actions were taken to voluntarily fulfill the requirements of the insured.

Paragraph 2 of Art. 16.1 of the Federal Law "On OSAGO" provides that the rights and legitimate interests of individuals who are victims or policyholders related to non-fulfillment or improper fulfillment by the insurer of obligations under a compulsory insurance contract are subject to protection in accordance with the Law of the Russian Federation of February 7, 1992 N 2300-1 "On Protection of Consumer Rights" in the part not regulated by the Federal Law.

In accordance with Article 15 of the Law "On Protection of Consumer Rights", compensation for moral damage is collected from the insurer.

Due to the fact that the transport cannot be operated after the accident and due to the defendant's failure to take measures to repair it within the framework of insurance legal relations, the plaintiff experiences moral and physical suffering. The plaintiff is unable to solve personal and family problems, is forced to experience daily inconvenience, since the place of work is located in a remote place (there are no public transport routes nearby), it is difficult to carry out activities to accompany children to Kindergarten and school etc.

The plaintiff assesses the moral damage caused at the rate of 10,000 rubles.

By virtue of paragraph 3 of Art. 17 of the Law "On Protection of Consumer Rights", consumers, other plaintiffs in claims related to violation of consumer rights, are exempt from paying the state fee in accordance with the legislation of the Russian Federation on taxes and fees.

Considering the foregoing, guided by Art. Art. 12, 16.1 of the Federal Law on OSAGO”, art. Art. 15, 17 of the Consumer Rights Protection Law”, Art. Art. 131, 132 Code of Civil Procedure of the Russian Federation

To recover from OOO «StrakhVS» in favor of Koreykin Igor Ivanovich a penalty in the amount of 259,000 (two hundred and fifty nine thousand) rubles.
To recover from LLC StrahVS in favor of Igor Ivanovich Koreykin compensation for non-pecuniary damage in the amount of 10,000 (ten thousand) rubles.

Appendix:

Instances statement of claim in accordance with the number of persons participating in the case;
A copy of the decision on the case of an administrative offense
A copy of the decision of the Kuibyshevsky District Court of Samara dated April 5, 2018 in case No. 2-177423/2018;
A copy of the application for the payment of a penalty dated April 29, 2018 and a copy of the mail notice;
Copy of claim dated May 11, 2018;
Detailed calculation of the penalty No. 180811000076707434 dated February 12, 2018;
A copy of the OSAGO insurance policy No. 4245175 dated 12/17/2017

May 21, 2018
___________ (Koreikin I.I.)

The nuances of judicial practice

Let us pay attention to some of the nuances of collecting a penalty under OSAGO, which raise many questions in the practice of the courts.

Is it possible to apply, along with the collection of a penalty, other measures of liability?

Forfeit, fine and financial sanction are special measures of liability of the insurer, and other measures are not provided. Including interest for use under Art. 395 of the Civil Code of the Russian Federation should not be charged on the amount of insurance paid out of time.

It is also permissible to claim compensation for moral damages. The amount is proved separately according to the rules for the recovery of non-pecuniary damage.

The difference in the maximum payment to an individual and a legal entity

Speaking about the limits of liability of the insurance company, one more circumstance should be taken into account: as already mentioned, the total amount of penalties for delay in payment of OSAGO, which must be reimbursed to a citizen (individual), should not be higher than the amount of payment by type of harm caused. Therefore, a paradoxical situation arises in which, if the harm is significant, the amount of the penalty will soon reach the upper limit.

But the payment of a penalty for delay in insurance payment under OSAGO to the insured, which is a legal entity, does not contain such restrictions. In this case, the payment of a penalty is not restrained by anything.

It turns out that there is an inequality in the rights of individuals and legal entities, and it is legal entities that are most financially protected. This circumstance is contrary to the Constitution, which guarantees equal rights to all.

Neither in the decisions of the higher courts, which is devoted to the issues of civil liability insurance, nor in the Review judicial practice this issue has not been resolved. Apparently, the Constitutional Court of the Russian Federation should make a decision on this circumstance.

Grounds for refusal of a claim

Claim procedure not completed;
There are no documents supporting the arguments of the victim;
There was a force majeure opposition that resulted in a delay. Suppose there was a fire in the insurance company and the documents were destroyed. It took a month to recover. As a result, there was a delay.
There is dishonest behavior of the victim himself. For example, a citizen does not have an official residence permit and employees of the insurance organization tried to give a response by calling the victim by phone. But the latter did not appear on the calls. Or another example: the victim indicated the wrong bank account number for transferring money. And in court he said that the money did not come to him.
If they refuse to pay compensation, then automatically there will be a denial of penalties, sanctions and fines.

In the event of an accident, the victim has the right to receive monetary compensation.

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At the same time, situations often arise when the insurance company pays monetary compensation not in full - the client will have the right to receive monetary compensation.

What it is

In accordance with the law, an insurance company is obliged to fulfill its obligations to citizens if an OSAGO insurance contract has been concluded.

But it is also important to remember that companies often avoid making such payments in order to save money. There are several different ways out of this kind of situation.

First of all, it is necessary to remind employees of the insurance company that the amount of interest for late payment is 1/75 of the refinancing rate of the Central Bank of the Russian Federation.

The recovery of a penalty under OSAGO is usually carried out through the courts - but only if the issue could not be settled out of court for some reason.

The penalty is understood as non-payment of the sum insured in the event of an insured event, delay. There is a fairly extensive jurisprudence in this regard.

Before applying to the court for the purpose of obtaining compensation, it will be necessary to carefully read all the nuances.

Usually, doing business on your own in the absence of relevant experience causes certain difficulties. Therefore, it will be necessary to consult with a qualified specialist.

There are many different institutions that specialize directly in this kind of cases.

A preliminary consultation can significantly reduce the time required to resolve a difficult situation.

As prescribed by law

Today, there is a specialized regulatory document that regulates all the nuances associated with the registration of OSAGO, as well as receiving compensation, paying a penalty.

It is better to deal with all the nuances in advance. The fundamental normative document, on which it will be necessary to rely, is “On Compulsory Civil Liability Insurance”.

It reflects all, without exception, points affecting the issue of obtaining a penalty, compensation payment.

The main sections that you need to familiarize yourself with first of all in the event of an accident and the need to obtain compensation, penalties are:

	A complete list of the main concepts used in this regulatory document
	The question of compulsory insurance, reflected in the relevant legislative norms, is disclosed.
	Establishes the basic principles of compulsory insurance on the territory of the country
	The obligation of vehicle owners to carry out motor third party liability insurance is indicated
	Basic rules of motor third party liability insurance
	What is insurance risk, as well as the object of compulsory insurance
	What is the sum insured, specific amounts are indicated according to these values
	The procedure for regulating the basic insurance tariffs for compulsory insurance
	Indicates that the insured has the right to receive compensation in the event of a traffic accident
	How does the compensation process work?
	The procedure for recovering the amount of compensation
	Insurers, the main issues related to this concept
	The main features of operations carried out by insurers under the procedure of compulsory insurance of general civil liability
	What is a professional association of insurers

The work of insurance companies should be carried out within the framework of the above regulatory document.

Therefore, in each case, everything is strictly individual. It is best to look at examples from judicial practice regarding this situation.

Example from jurisprudence

The main document that you need to rely on in this situation is.

It highlights the following important questions:

it is not allowed to apply to disputable legal relations on the imposition of a fine of 50% on the insurance company when considering cases of OSAGO;
in accordance with the Federal Law "On OSAGO", the penalty is subject to collection based on the amount of damage caused - it is on the basis of this resolution that the maximum amount of the penalty is established.

Also, the Supreme Court of the Russian Federation ruled that there was a significant difference between a fine of 50% under the ZoPP and various other types of forfeit.