The Constitutional Court forbade to require repairs for CTP for amounts in excess of the limit of 400 thousand rubles.

On May 26, 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. The reason was the complaint of the joint-stock company "T-Insurance", the Constitutional Court of the Russian Federation reported.

The victim, whose car was involved in an accident, applied to the insurer for compensation in kind. The car owner wanted to repair the car at a service station rather than receive cash. According to the Central Bank's methodology, the insurance company estimated the damage at 320 thousand rubles. The car service estimated the repair at 580 thousand rubles, which exceeds the limit of the insured sum of 400 thousand rubles established by the law "On CTP".

The insurance company eventually paid the car owner 400 thousand rubles. He filed a lawsuit in court, which ordered the insurer to pay the victim the difference between the amount already transferred to him and the actual repair costs. The court proceeded from the fact that the CTP law provides for the unconditional right of insured persons to repair repairs at the direction of the insurance company and at its expense, if, according to the latter's estimate, the repair cost does not exceed 400 thousand rubles. However, in case of violation by the insurer of the obligation to organize and pay for such work, the victim has the right to carry out repairs on his own and demand compensation from the insurer.

Representatives of T-Insurance stated that this practice actually forces the insurer to carry out repairs, the cost of which exceeds the limit of the insured amount, as well as to compensate for losses in full if repairs are impossible. This leads to "the substitution of the institution of compulsory liability insurance by the institution of sensitive obligations," they believe.

The resolution of the Constitutional Court of the Russian Federation states that the unconditional right to repairs at the expense of the insurer, if the estimate of the cost of repairs according to the Central Bank's methodology did not exceed the insured amount, regardless of the market value of repairs, contradicts the goals of ensuring a balance of rights, stability of the economic situation of insurers and accessibility of their services to the public, taking into account the risks of rising insurance tariffs.

The court noted that the current legal regulation violates the balance of rights of participants in insurance legal relations. In practice, the contested provisions are the basis for collecting car repair costs from the insurer in excess of the insured amount if the insurer was unable to fulfill the obligation to organize repairs within the insured amount. The Constitutional Court of the Russian Federation decided that the legislator should amend the legal regulation
changes.

"Until then, if the market value of the repair exceeds the insured amount, and its cost, calculated according to the Central Bank's methodology, does not exceed the insured amount, the victim, if he does not agree to pay extra for repairs at the service station, has the right to demand insurance compensation in cash, and the insurer is obliged to pay it in an amount equal to the insured amount," — specified by the Constitutional Court of the Russian Federation.

Evgeny Ufimtsev, head of the All-Russian Union of Insurers (VSS), commented on the decision of the Constitutional Court of the Russian Federation.

"I am particularly pleased with today's decision of the Constitutional Court. This is not only a legal assessment, but also a client assessment by the Constitutional Court, which said that the law applies to CTP and more than 400 thousand It is impossible to collect from insurers," the press service of the VSS quoted Ufimtsev as saying.

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Earlier, on May 22, it was reported that the government of the Russian Federation instructed the Bank of Russia, the Ministry of Internal Affairs and the Ministry of Industry and Trade to work out additional individualization of insurance tariffs for CTP. The report should be prepared by 2030-2031. This is stated in the order approving the action plan for the implementation of the Strategy for Improving Road Safety in the Russian Federation for the period up to 2030 and for the future up to 2036.