The Supreme Court pointed to the requirement for repair of CTP with original spare parts

The Supreme Court of the Russian Federation recalled the rules for compensation of losses in case of non-fulfillment of obligations by the insurer. He sided with the car owner, who opposed the repair of a CTP car with non-original spare parts, the Armed Forces of the Russian Federation announced on its website on June 3.

The car of a resident of Bashkiria was damaged in an accident, but no repairs were made, and the claim was rejected by the insurer. The man went to court with a claim to the insurer for damages, penalties, compensation for moral damage and a fine.

The Court of first instance satisfied the claims. At the same time, the appeal overturned this decision and adopted a new one, refusing to recover damages, given that the plaintiff did not send the car for repair due to disagreement with the analog spare parts used. The conclusion was supported by cassation.

The motorist filed a complaint with the Armed Forces of the Russian Federation. The supreme court pointed out that the CTP law does not provide for the installation of non-original spare parts, and the insurer is obliged to bring the car into condition before the accident.

The Judicial Board for Civil Cases overturned the decisions of the appeal and cassation. They recalled that failure by the insurer to fulfill its obligations entails losses for the victim, which are subject to compensation, taking into account the special regulation of the legislation on CTP.

Repairs with a limit: the court limited payments on CTP

Some provisions of the CTP Law have been declared unconstitutional

Earlier, on May 26, it was reported that the Constitutional Court of the Russian Federation declared unconstitutional the practice in which insurance companies were responsible for failed car repairs in excess of 400 thousand rubles.