When repairing under compulsory motor liability insurance or compensating for losses, quite a lot of controversial issues may arise. The task of any driver is to carefully study all the nuances of car repair under MTPL. It is important to find out what are the features of the legislation on repairs under MTPL, to get answers to the most important questions: how can you get the necessary original spare parts, how to act correctly when repairs are delayed?
Key current repair rules for compulsory motor vehicle liability insurance in 2021 are of significant importance. A lot of questions arise when repairing a car using an MTPL policy, and the task of the car enthusiast is to understand all the intricacies. The main regulatory acts regulating this procedure are Federal Law No. 40-FZ dated April 25, 2001 “On Compulsory Motor Liability Insurance” and Bank of Russia Regulations No. 431-P dated September 19, 2014 “On the rules of compulsory civil liability insurance...”.
How to get a referral for repairs under OSAGO
It is necessary to obtain a referral so that the car can be repaired according to compulsory motor liability insurance. The issuance of a referral for repairs is possible after consideration of the relevant application; it is written by the owner of the car and then sent to the insurance company. When the insured event does not fall within the existing provisions of the law, insurance is provided in the form of vehicle repairs.
At the same time, a referral for repairs under OSAGO is valid for 30 days - during this period the car should already be repaired.
To receive a referral for repairs under OSAGO, the driver must:
- Notify the insurance company about the accident.
- Collect a package of documents, which includes an insurance contract and the policy itself, a title, receipts for payment for a tow truck, examination and parking, a passport, copies of the protocol and resolution of the traffic police and a notification of an accident.
- Draw up an application for payment of the insurance amount and submit it to the insurance company.
- Provide the car for inspection to the insurer (this must be done within 5 days from the date of filing the application for insurance compensation).
- The car is inspected by the insurance company, and it may also be sent for an independent examination.
When all the necessary documents have already been received, the circumstances of the incident have been clarified and an assessment has been made, the car has been inspected and the appropriate examination has been carried out, the insurance company issues an official referral for repairs. The MTPL rules define specific deadlines for this: 20 or 30 days.
The direction includes the following data composition:
- information about the victim;
- details of the policy, insurance contract;
- vehicle data;
- the amount of additional payment for repairs;
- car repair deadline;
- the name of the service station where the repairs will be carried out, as well as its address and details.
When there are contracts between the insurer and the service station, the policyholder will be able to independently determine the service center from the corresponding list.
You need to choose as carefully as possible, since each service may have its own restrictions for vehicles.
The insurance company that provided the direction for repairs under the MTPL policy is responsible for compliance with the deadlines and quality of repairs.
What is a warranty and warranty period
Warranty is a type of obligation provided by dealers or manufacturers of goods. They undertake to replace or repair broken parts, free of charge. The terms and types of breakdowns that are included in the warranty package - all this is indicated in detail in the concluded sales contract.
Important: having a guarantee, the buyer should not expect that any breakdown will cause the seller, after apologizing, to rush to fix everything. No, before contacting, you should figure out whether the identified malfunction will be included in the warranty package or not.
There are 2 types of warranty periods. Is it European or Asian? In Europe, the standard warranty package is 2 years, and there are no mileage restrictions. Asian - 3 years, with a limit of 100,000 km. Any other promises are just a publicity stunt or one-time temporary promotions.
Interestingly, for Russia it was the Asian option that turned out to be more convenient, and more and more dealers are introducing it.
Important: it is better to purchase a car from official, trusted dealerships. Such companies always thoroughly explain the terms of the guarantee to customers; moreover, they have their own websites where a person can always get acquainted with the necessary information if desired.
How does the car repair procedure work under OSAGO?
It is necessary to consider in detail the procedure for repairing a car under OSAGO. The Law “On Compulsory Motor Liability Insurance” has a corresponding article 12 , which, among other things, establishes criteria for the accessibility of the place of restoration depending on the location of the accident or the place of residence of the victim.
The maximum distance can be 50 km.
In certain cases, the insurer is willing to bear the cost of transporting the car. Then the distance to the repair site will no longer matter. Now the car owner can independently choose where the repairs will be carried out: this is done in a service center or at an insurance company service station, as well as at an official dealer.
Repair from an authorized dealer
Car repairs at dealerships are in fairly steady demand. It is performed when no more than two years have passed from the moment the car was released from the assembly line. If the warranty is valid, the dealer will perform the repairs at his service center. It is important to understand that this requires an agreement between the dealership and the insurance organization.
Sometimes the list of service stations does not include the corresponding official dealer. In this case, the insurer issues a referral for specialized repairs at the dealer.
There is another option: compensation of costs in monetary terms. The limit of insurance payments is 400 thousand rubles (Article 7 40-FZ).
At the service station of an insurance company
Free car repairs under MTPL are carried out by the insurance company. In this case, an agreement is concluded between the service, the insurance company and the client. The documents must describe in detail all the work, its features, deadlines, as well as a list of spare parts indicating their specific prices. If the level of 400 thousand rubles is exceeded, the client will have to independently cover the additional costs of restoration repairs.
In addition, only new components are used during repairs. For example, repairing or replacing a bumper requires the use of new parts, rather than refurbished, previously used parts.
Warranty periods are set in the following amounts: one year for painting and body work, six months for restoration.
When the repair work is completed, the car is handed over to the owner for acceptance. The acceptance certificate can be signed only after there is confidence that all faults have been properly eliminated. If there are any shortcomings, you can already solve the problem through a complaint procedure.
If problems are discovered after signing the acceptance certificate, it is almost impossible to file a claim.
Rules for repairs in an independent service
It is important to remember the requirements for a service station when repairs to a warranty vehicle are carried out by a third-party service. To issue a referral, you will need to obtain the appropriate written permission from the insurance company. It indicates the details of the service station, as well as the address, contacts and name of the specific service center.
The insurance company may agree and send the car to a third-party service. Then the costs are covered without taking into account the wear and tear of spare parts. In addition, the insurer will have the right to consider the application for a longer time (10 days more, 30 days in total).
If the deadlines are not met, the insurer is obliged to pay a penalty.
Under supervision
Warranty obligations imply the free elimination of defects resulting from defects in material, workmanship or assembly. The repair method is chosen by the authorized service itself (sometimes in agreement with the manufacturer or importer of the car). The owner cannot influence the process - he has the right to only demand compliance with the deadlines established by law.
The same law allows presence not only in the reception area or break room, but also in production premises. In return, the motorist is required to comply with safety regulations. It is possible that you will have to listen to the lecture and sign in the journal. But in any case, do not grab the tools or reach under your arm.
Service workers are not required to comment on the repair process - you can read the report on the operations performed in the work order. Photography and video filming are not prohibited; it is only important not to immortalize the staff without their consent. If something goes wrong, you have the right to stop the work and demand the release of the car in any condition and form, since it is your property. The service will only have to receive confirmation of the requirement in the form of the owner’s signature.
The fact of warranty repair must be certified in writing. This can be a certified copy of the work order, a certified entry in the service book, or even a written certificate of any form, but indicating what repairs were performed, by whom, and within what time frame.
Car repair time under MTPL
The car must be repaired within a maximum of 30 days (Clause 15.2, Article 12 40-FZ). This period is counted from the very moment when the owner brings his car to the service station or transfers it to the insurer for transportation to the place of repair. It is extremely important that the maximum repair period under OSAGO is not exceeded.
Did the repair take longer? Then you can send a corresponding complaint to the service station, as well as to the insurance company. These authorities are required to promptly consider the appeal.
The maximum period for consideration of a complaint is 5 days/
The specific period required for high-quality repair of a vehicle is determined in each case individually. This is done at the service center after inspecting and diagnosing the car. The repair instructions indicate the exact repair time frame, but it is possible to change them.
What to look for when buying a car?
The terms of the car warranty are outlined in the contract signed by the client and the retail outlet. A vehicle consists of more than 10 thousand parts, many of which are subject to rapid wear.
Salons thoughtfully approach the question of what is covered by the car warranty, and exclude from the agreement components and assemblies that are subject to rapid wear. Among them:
- filters;
- belts;
- brake pads;
- liquids, etc.
A separate clause in the contract is a coat of paint. The agreement specifies the coverage of the auto warranty for through corrosion. The duration of this seller's obligation can be up to 10 years. This provision seems to be an additional bonus for the new owner, but practice proves the opposite.
Free body replacement is provided if there is a hole through which you can stick a finger. If the scale of the disaster is more modest and the car is covered with rust, the owner of the car carries out repairs at his own expense.
If the body rusts due to the action of reagents that are generously sprinkled on the roads during the cold season, the case is not covered under warranty. The owner will have to either repair the vehicle at his own expense or demand compensation from city utilities.
Calculation of the cost of repairs according to OSAGO
You can roughly calculate the cost of car repairs in advance. The price of spare parts will be of significant importance here. Keep in mind that the spare parts cost catalog according to PCA reflects current information, so it is always useful to check with it.
How to properly accept a car after repair
Judicial practice regarding poor-quality car repairs is widespread: the number of trials is increasing literally every day.
The most important thing in such a situation is not to sign the car acceptance certificate after the repairs have been made if you are not sure of its quality.
Be extremely careful: the car needs to be inspected and tested.
A month and a half
Deadline for eliminating warranty faults: up to 45 days after contacting the service for a single case, even if the car was still running and owned by the owner (we are talking about what the car can be operated without - heated seats, audio system, air conditioning/climate control) . Or 30 or more days of inability to use - based on a combination of several different faults during each year of the warranty period. For exceeding the deadline, the law establishes severe sanctions: the consumer’s right to demand the exchange of goods for a new one or a refund of the money paid for it.
Is it possible to refuse repairs under compulsory motor liability insurance and get money?
Some car enthusiasts prefer to receive money under compulsory motor insurance for self-repairs rather than use the services of a service station. Therefore, many car owners are interested in the question: when the insurance company pays money instead of repairs, what should be done for this?
Now insurance companies themselves decide whether to issue compensation in cash or refuse payment. But you can find a way out. For example, if repairs do not fit within the 30 days required by law, it is appropriate to demand compensation in monetary terms. When the car is not older than 2 years, it must be repaired by an authorized dealer. But if it is not there, and the insurer does not want to pay for transportation, it is better to request compensation in money.
