Law Stood On The Side Of Insurers

This year, the legislative and judicial authorities have finally put an end to disputes that are intended to compensate the insurers for insurance: the cost of repairing the vehicle , "innocent victim" in an accident, or the residual value of the damaged parts with regard to their wear and tear?

Presidium of the Supreme Arbitration Court of the Russian Federation explained (to dull judges and motorists requiring insurance companies full reparation for harm) that the size of the victim's recovery costs should be determined on the basis of the cost of bringing the damaged car in the operation, given the wear. 

Actually, all the controversy arose around this latest addition of wear. Earlier this interpretation formally contrary to the law of insurance and the Civil Code. But the law is corrected, and the conflict with the Civil Code has eliminated its explanation of the Presidium: now the account of wear and tear should be considered a "special rule in relation to the general rules of the Civil Code for damages." All legal and logical. Case closed.

But the trouble: the logic is different. Insurers have one - on what grounds the owner battered car in an accident victim must at their own expense to update the old parts? No, let pays out of pocket! Car owners have another line of thought - I was not going to change anything in your car, I really liked the shabby, with traces of rust, rear wing, which had entered into. So why do I suddenly have to shell out when responsibility "who has entered" was insured? No, let the insurer will pay for all, or - if you will - to put the wing with the same share of wear and tear ...

Both approaches have their place. The question is on whose side the law and authority. Recently, they took the side of the insurance business. However, and for the benefit of motorists it made several clarifications. For example, given that the wear may not exceed 80% (and thanks for that, though 20% of the parts may be claimed from the insurer). It was also noted that the insurer shall indemnify the replacement elements completely eliminates damage. That is, if the proverbial wing was attached in any kind of one-off rivets or bracket, you need to replace them as well. Also, do not wear should be considered components and assemblies, a fault which prohibits the operation of the vehicle. The exact list of them yet, but here is theoretically possible to carry quite a wide range of parts from the braking and steering systems to the lighting equipment .

All points above the i, seemingly apart, but disputes over insurance continues. The fact that there is still no single methodology for calculating the wear and tear of vehicles - it must be developed by the government. It thinks about it, but so far has not responded to all the questions. And that has already established, it is quite contentious. For example, one of the main factors influencing the timing of depreciation, it is proposed to consider the country of origin of the car. The most durable recognized as "Japanese", followed by "Europeans." And all the cars produced in Russia - including the "Ford" and "Toyota" - set to last place.Where is the justice, not to mention patriotism?

However, concern about the national insurance business - is also patriotism. And I must say it, we have achieved good results. The paradox, but in times of crisis insurance was the main "growth point" of the insurance market. According to statistics market insurance grew in the first quarter of 2015 by 13.5% compared to the same period last year (18,8 billion). This was the highest rate of growth in almost two years.

What had caused this growth? Motor Insurers surveyed recently RIA "Novosti", give different answers. Some argue that it resumed growth in sales of new cars, of course, be insured. But if it was only this, it would grow and the market hull. He sank, as well as other types of property insurance. So, it is not in sales. Obviously, a more detailed answer is given by representatives of "Ingosstrakh" and "Rosgosstrakh": they believe that the real reason for the growth of insurance market was the new multiplying factors to tariffs, which were introduced in March last year. 

It was then raised territorial surcharges, interest on age and length of service, as well as allowance for the conclusion of the contract, without limiting the number of persons admitted to management. Accordingly, these developments have led to a gradual increase in fees the insurers, which was reflected in the statistics by the middle of the year. Indeed, if in the first quarter of 2014 insurance market fell by 3.1% already in the first half rose by 1.7% in the first three quarters - by 5.4% and for the year - 6, 6%. The first quarter of this year was the peak, since it is compared with the last period before raising rates.

Needless to say, the markets are "mandatory services" stimulate not hard enough to oblige citizens to pay more. However, in the future - and it is recognized by insurers - the growth of insurance premiums has slowed down in 2015, it amounted to 5% - 7%. This means that the effect of last year's increase in tariffs is completed, and the Russian insurance market may lose the main point of growth. Now all hope that will start a real recovery: without it, the main types of property insurance will not grow. However, it is possible that the government experiments with the procedure for calculating depreciation of cars again stimulate growth in the sector of car insurance - car owners will be less rely on compensation for insurance and will actively enter into contracts Hull.