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- Go beyond the threshold: insurers demand to stop collecting payments on CTP in excess of the limit
Go beyond the threshold: insurers demand to stop collecting payments on CTP in excess of the limit
Insurance companies demand to stop collecting compensation for compulsory CTP over 400 thousand. In Russia, it has become increasingly common to sue for failure to complete repairs on time and receive refunds in excess of the established limits, market participants told Izvestia. At the same time, according to experts, the process of receiving excess payments is most often initiated by car lawyers, and they receive the main compensation, not the owner of the car. According to the law, the insurer is given 30 days to repair a damaged car, but the delivery of spare parts in the current conditions is often delayed for a longer period. As a result, what is happening increases the unprofitability of insurers and pushes up prices for motor insurance. To stop this practice, representatives of T-Insurance have already appealed to the Constitutional Court. How this affects the CTP market is described in the Izvestia article.
Why do insurers increasingly pay more than 400 thousand for CTP?
In Russia, it has become increasingly common to collect from insurers through the court the payment of CTP above the legal threshold of 400 thousand. By mid-February, the number of applications and claims for payment of excess limits had doubled compared to last year, said Mikhail Mosesov, Deputy Director of the Motor Insurance Underwriting Department at Absolut Insurance.
According to the results of last year, the share of CTP compensation above or at the limit level has almost reached 8%, and the trend will continue in 2026, the press service of the Russian Union of Motor Insurers reported.
The excess of the average payment in such appeals to the court exceeds the average level of compensation by 6-7 times, Mikhail Mosesov added. Therefore, it becomes an economically significant risk for the entire portfolio, he stressed.
Excess limits have been collected through the courts since the middle of 2024, said Viktor Alekseev, First Deputy General Director of IC MAKS. He explained: auto lawyers are increasingly using cession agreements (assignment of claims) to subsequently receive compensation in the amount of more than 400 thousand rubles, established by the CTP law.
In 2025, such recovery of losses gained massive, one might say, "industrial" momentum, said Elena Grinberg, head of the Department for pre-trial settlement and interaction with the Financial Commissioner of RESO-Garantia. And in 73% of such cases, it is car lawyers who apply.
As a rule, such situations arise when the insurer has difficulties organizing repairs at a service station. There is not always a service where a particular car can be repaired due to age, lack of new spare parts and long delivery times. They often significantly exceed the 30 working days prescribed by law for car repairs under CTP. At the same time, customers often do not agree to use used parts, the RSA explained.
The Federal Law on CTP establishes the priority of insurance compensation in kind — through repairs. However, in practice, legal uncertainty arises when the fulfillment of obligations "in kind" becomes objectively impossible, said Tatiana Andreeva, Deputy Director of the Legal Department of Rosgosstrakh. In judicial practice, a steady trend has developed: if it is impossible to carry out repairs within the limit established by the CTP law, the courts recover from the insurer the market value of restoring the car in full.
T-Insurance appealed to the Constitutional Court (CC) with a complaint about the provisions of the CTP law and such practice of their application. The reason was a case in which the company was charged damages above the limit because it was unable to arrange car repairs. This decision was supported by the appeal and cassation.
The complaint of T-Insurance has already been accepted for consideration, it follows from the court file. Against this background, the RSA is also working on legislative changes. Insurers propose to prohibit the collection of CTP payments above 400 thousand, as set out in the law, the head of the RSA Evgeny Ufimtsev told Izvestia.
How do they want to change the CTP law in Russia?
The current situation is detrimental to the CTP product itself: it is becoming more expensive, and the main benefit goes, unfortunately, not to car owners, but to "unscrupulous car dealers," T-Insurance told Izvestia.
"The economic consequences of such decisions, which are not provided for by the CTP tariffs, will eventually be shifted to all policyholders through the inevitable increase in insurance premiums, which contradicts the goals of compulsory insurance as a socially significant institution," the RSA confirmed.
In modern conditions, the system of legal regulation of CTP does not provide a reasonable balance of interests of insurers and clients, which creates serious risks for the stability of the entire market, Tatyana Andreeva is sure. Court decisions actually impose unlimited financial responsibility on the company for the mandatory type of insurance, Mikhail Mosesov from Absolut Insurance added.
It is necessary to eliminate legal uncertainty at the legislative level. Otherwise, bona fide car owners will pay for the risks that should have been borne by the accident perpetrators. Moreover, in recent years, the market has done a lot to eliminate such cross-subsidization and offer each car owner a fair policy price that corresponds to their individual risk level, explained Tatiana Andreeva.
The expansion of the tariff corridor in CTP in December 2025 has already partly become a direct result of such a massive judicial practice, said Viktor Alekseev from MAKS. In fact, car owners are already paying for the ships' position.
— If the legislation establishes new objectively realistic deadlines for car repairs, and responsibility for their non-compliance will be borne not only by the insurer, but also by other participants in the repair process, and opportunities for extracting excess profits by "unscrupulous car dealers" will be eliminated, this will definitely improve the situation on the market as a whole and the process will become more transparent for all parties. "both for the insurer and for motorists,— T-Insurance is confident.
They noted that tariff liberalization will also help. This will make the CTP policy cheaper for bona fide car owners, reducing their workload.
First of all, it is necessary to legislate the inadmissibility of collecting amounts above the limit, as stipulated by the law on CTP. And also to define more specifically the procedure for organizing repairs and those cases when the form of compensation can be changed without penalties, Elena Grinberg from RESO-Garantia agreed.
It is necessary to clearly spell out the rules of the game in the law in case repairs are objectively impossible, said Alexey Ivanov, the owner of the Alliance Trucks commercial vehicle dealership network.
— Insurers are now putting unpredictable risks of legal over-limits into the tariffs. It's like playing roulette: today I paid 400 thousand, and tomorrow the court recovered 700 thousand. The market has to insure such uncertainty with a huge margin, which puts pressure on the price of the policy," he stressed.
This is accompanied by an increase in the average payout, including due to higher prices for spare parts. In general, under CTP and CASCO contracts, the amount of compensation increased by 11% last year, Mains Lab reported. The most expensive last year was the repair of Japanese cars (on average it costs 186.8 thousand rubles). European and American cars are in second and third places.
However, the most unpredictable are still the "surprises" in the form of legal fees. Therefore, according to Alexey Ivanov, it is the changes in the law that will help make the cost transparent and adequate.
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