Saturday, 18 August 2012

How to get insurance money for damage to a vehicle parked in the penalty area?

Car Insurance Claims for Stolen CarsCar Insurance Claims for Stolen Cars and PropertySoon marks a year since then, as every day from the streets of Moscow to evacuate more than 150 cars that have broken the rules on standing or parking. Increasingly, there are cars, the doors, trunk and hood are glued bright stripes with the words "car pound." It's no secret that the procedures for loading / unloading and storage of the vehicle in the parking lot "traumatic", and damage to the paintwork and crumpled wheels are a common fee for parking in the wrong place.

Many owners of foreign cars and new domestic cars believe that caused the financial problems associated with the repair of the car after the car pound, can be successfully solved by the insurance company. However, it appeared that the policy is comprehensive insurance does not always get paid for the "evacuation" damage.

According to head of motor insurance SG "RASO" Alexei Povtareva, the ability to obtain insurance payment depends on the phase of movement, which was damaged by a car. "Before the evacuation of the act is issued (in triplicate), which reflects the condition of the car before loading. If at the time of loading or unloading will escape damage to the vehicle, this fact shall be recorded traffic police officer who supervises the evacuation - he explains. - What if This fact will be reflected in the documents, the insurer faces a denial of insurance claims. " Most insurance companies will make the payment if the car was damaged before the evacuation, or storage in the parking lot, and denied compensation for damage to the vehicle while it is loading, unloading and evacuation.

As a car owner to install the same time car damage, and what documents must be submitted to the insurance company? Head of the settlement of losses for road transport SAC "Energogarant" Igor advised to obtain an act of state-owned, employee-filled traffic police vehicle when loading, and delivery-acceptance certificate from the car pound. "If the traffic police in the act does not specify damages, but in the act of reception and transmission in the parking lot there, it is clear that the injuries received during the evacuation," - he explains.

In addition, if there is damage to the vehicle owner must apply to the police station at the location of car pound and give the insurer a certificate attesting to the wrongful acts of third parties with a list of damages, as well as the decision to initiate (not to initiate) the criminal case of damage, adds board member SG "Kapital" Dmitry Botkin.

However, in some cases, help from the authorities, and hence the elucidation of the receipt of damages are not necessary. For example, in the company, "Guta-Insurance" can be obtained without reference indemnity in case of damage to the glazing, exterior lighting or exterior mirror elements of the car, paint (two parts) or by contacting your insurer to obtain insurance reimbursement within 3% of insured value of the vehicle (regardless of the amount of damage), says head of motor underwriting risks of the company Nikolai bloodless.

What do car owner, if recorded injuries during the evacuation and, accordingly, the insurance company does not recognize the damage to a car accident? There are several possible directions to solve this problem.

First, you can submit the claim to the tow service of payment of damage during shipping. This requires a conclusion independent examination and submit a copy with the claim to the car pound, or evacuation services. If the defendant refused to pay the due amount for the repairs, the car owner can easily apply a lawsuit at their residence to include not only the cost of repairs, but also the amount for the use of foreign funds and for causing moral harm.

Among the car owners is widely believed that the policy will indemnify Insured, which is available from any tow truck. But, according to Head of motor insurance SG "Mezhregiongarant" Alexei Mishin, damage to the vehicle during loading or unloading of the evacuation is not an insurance case for CTP, since no damage was caused during the participation of a tow truck in traffic. Therefore, the car owner will have to either collect the money through the courts, or get under the voluntary insurance of civil responsibility of the tow. Leading specialist of the development and maintenance of insurance products IJSC "Ingosstrakh" Lyudmila Nagach sure that the civil liability insurance tow truck or car pound is possible and necessary, and this practice is already there. With this type of insurance do some insurance companies, including "Ingosstrakh" through programs of professional liability insurance.

Second, some lawyers recommend that policyholders to go to court with a claim for payment to the insurance company. At the same time the event occurred should not be regarded as "damage during loading, unloading or transport vehicle", as well as the risk of "malicious act" that is, the commission or attempted commission of unlawful acts of third parties in respect of the vehicle. Justifying his position, you can refer to the Administrative Code, which prohibits the use of tow trucks in violation of parking rules and which is a federal law takes precedence over the regulations of the Russian Federation, including Moscow. By court order the insurance company not only make the payment, but will be entitled to claim compensation (regression) with the organization responsible for the evacuation, or storage of vehicles, even if it is a public entity.

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