They seized on wear and tear: they promise an additional fee for self-repair under CTP
Due to difficulties with CTP repairs, insurers are forced to pay car owners amounts exceeding the limits established by the law on compulsory motor vehicle liability. To solve this problem, car owners are offered to pay extra for self-repair, not to take into account wear and tear when paying, or to revise the calculation of prices for spare parts. The State Duma discussed the upcoming bill regulating the rehabilitation of CTP. Details can be found in the Izvestia article.
They were misleading
The legislation does not regulate the procedure of the parties if there is no service station, but the victim wants to repair the vehicle. As a result, the courts recover payments from insurance companies under the Civil Code of the Russian Federation that exceed the limits set by the legislation on CTP, complained Evgeny Ufimtsev, president of the Russian Union of Motor Insurers (RSA). According to him, insurers are faced not with consumers, but with organized intermediaries, the so-called auto lawyers.
He mentioned the resolution of the Plenum of the Supreme Court No. 31 dated 11/08/2022, according to which, if the insurance company violates the obligation to organize and pay for repairs, the victim has the right to repair the car himself and claim damages in the amount of the actual repair cost.
Some insurance companies evaded compensation in kind, said Vitaly Petrushkin, judge of the Judicial Board for Civil Cases of the Supreme Court. He cited the example of judicial acts according to which consumers were directly misled on the issue of compensation.
— A questionnaire was given with a note that instead of insurance compensation in kind, payments would be made, bank accounts were requested in order to transfer money or funds. [This] led to the fact that insurance companies responded not only by collecting insurance compensation for money, but also in the amount of losses that exceed the amount of insurance compensation," said Vitaly Petrushkin.
"The situation for Chinese and Russian cars is worse"
Almost 70% of service stations (SRTs) are experiencing difficulties with the timing of CTP repairs. These data were announced by Alexander Tsyganov, Head of the Department of Insurance and Social Economics at the Finance Faculty of the Financial University under the Government of the Russian Federation. At the same time, insurance companies are not responsible for the activities of service stations and suppliers of spare parts.
According to Alexey Artamonov, Vice president of Alfastrakhovanie, until 2022, the largest European and Asian automakers operated in the Russian market according to international standards and the waiting period for 90% of spare parts from the automaker's warehouse to the service station was 2-3 business days. Currently, spare parts for European and Asian brands are available only through parallel imports, and Chinese automakers in Russia have neither spare parts stocks nor centralized discounts, said Alexey Artamonov.
— There is no standard software that allows service stations to sort out the entire "vinaigrette" of modifications and generations of Chinese cars. Currently, the average waiting time is, in our practice, on average from 30 to 45 days. Moreover, the situation for Chinese and Russian cars is worse than for European brands," he noted.
The provision of the law on the priority of repairs was introduced in completely different realities and has not passed the test of time, Alexey Artamonov believes.
According to the RSA, at its peak in 2019, 15% of vehicles were repaired under CTP. At the moment, only 5-6% of car owners carry out repairs in the direction of the insurer, and the rest, when the insurer does not have a service station, receive a refund in cash minus wear and tear. According to the Financial University, 63% of citizens prefer to pay for repairs.
"Pay the full amount immediately"
The RSA initiative offers a third compensation option. If the insurer does not have the opportunity to arrange repairs, the victim of an accident receives a payment minus wear and tear. Then, within nine months from the date of payment, he independently repairs the car and applies to the insurer for wear compensation. In addition, you can receive an additional payment for hidden damage detected during self-repair of the car.
During the parliamentary hearings on improving the CTP law, Deputy Finance Minister Ivan Chebeskov recalled that insurers have "delaying tools."
— A citizen can spit and not get involved, get the minimum payment, and then simply not go for an additional one, because it's difficult. I put the wrong stamp, signed the wrong piece of paper, and so on," he said.
In his opinion, if the choice of the form of CTP compensation passes from the car owner to the insurer, then it would be right to pay all the money at once, without taking into account the wear of parts.
— Not so that he runs after the insurer later, but immediately pays the full amount. Not all 400 thousand, but the full amount, taking into account the damage, without deducting the wear," suggested Ivan Chebeskov.
Philip Gabunia, Deputy Chairman of the Bank of Russia, noted that depreciation is a significant part of the tariff.
— According to previous calculations, this was about 40% of the impact on the tariff. If we go this way, it will be a one-time increase in the cost of policies. We are not sure that we want to move there," he said.
He suggested that the maximum compensation, as for a hard hat, would assume the same price as for a hard hat, which would reduce the availability of this policy for low-income categories of citizens.
Don't trust the reference books?
Anton Shaparin, Vice President of the National Automobile Union (NAS), drew attention to the prices of spare parts in the RSA reference books, which are used to calculate payments.
— Let's take the market value of spare parts for Lada Granta and see that the reference compensation is underestimated by 2-3 times. I'm not talking about other cars, the numbers may be even more significant there. Do you know how much a standard hour for a Mercedes-Benz costs? In the RSA reference books for Moscow today? A thousand rubles. I do not know any organizations in Moscow that will work with Mercedes efficiently for a thousand rubles," Shaparin said. In his opinion, due to insufficient payments, car owners turn to various intermediaries.
— It turns out that these smart guys give more than insurance companies. Otherwise, there would be no economic sense for a person to cede his right of claim," he noted.
In his opinion, if the choice of the form of compensation is completely left to the discretion of the insurance company, this will lead to further outflow from the CTP system. According to Anatoly Aksakov, head of the State Duma Committee on the Financial market, checking policies using photo and video recording systems will help to combat those who drive without a "mandatory car license."
Evgeny Lazarev, a member of the Central Staff of the National Fund, also acknowledged that the difference between payments and market value can be significant. However, she noted that, according to a quarterly study, in August the average cost of auto parts in the RSA reference books was higher than the average market prices in 56% of cases.
— We feel a certain stability coming. That is, one part below the market has eight parts worth more than the market," Evgenia Lazareva said.
There is a reserve
During the discussion, the idea of increasing the CTP payment limit was never raised. Meanwhile, Ilya Plisov, a member of the board of the Union of Car Service Stations, said that the price of an average repair of a Chinese car after a frontal impact accident only starts at 400 thousand. rubles'.
Pavel Fedyaev, first deputy of the State Duma Committee on Transport and Transport Infrastructure Development, said that in 2022 insurers collected 304 billion rubles, and paid 117 billion (38%), in 2023 - 366 and 195 billion rubles (53%), in 2024 - 307 and 250 billion rubles (67%).
— According to the law, 80% of our income must be paid. Therefore, there is a reserve there," Pavel Fedyaev noted.
Anton Shaparin, in turn, recalled that in Belarus the CTP policy is cheaper, and the payment limits in Belarus are noticeably higher than in Russia.
The proposals made will be taken into account when preparing the bill, Anatoly Aksakov said. The only thing that caused disagreement among the participants in the discussion was who chooses the repair or the monetary reward — the insurer or the car owner, he noted. Anatoly Aksakov suggested not to mention this topic in the draft law now.
— We need to find an agreement on this issue. We must act in the interests of people, not in the interests of individual organizations," he said.
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