How much does the first consultation cost?

The consultation is free when an engagement is signed: if you entrust the matter to us, the first meeting costs nothing. At it we go through the situation and tell you whether the matter has prospects in court, what scenarios are available and roughly what running the case will cost. This information does not constitute a public offer (art. 437(1) of the Civil Code of the Russian Federation).

Do you guarantee the outcome of a case?

No, and nobody can: the outcome of litigation is decided by the court. We are answerable for the quality of our work, for the pace and for making sure you always know what stage the matter is at. You receive our assessment of the prospects before the engagement is signed.

Who will handle my matter?

Every matter has a responsible partner. He assembles the team for the task — a litigator, a tax specialist, a valuer — and remains your point of contact until the end. Where the task requires the status of an advocate, advocates of the Kovalev, Malyutov, Tsypkalo & Partners Moscow Bar Association are brought in under a cooperation agreement.

Do you work with the regions?

Yes. We have two offices — in Moscow and Mariupol — and we run matters throughout Russia. The engagement can be signed remotely, documents are accepted electronically, and we stay in touch by telephone, messenger and e-mail.

How do the firm's lawyers and the advocates work together?

Legal review, transaction support, insolvency and representation in commercial and civil proceedings are carried out by the lawyers of Kovalev & Partners LLC under an engagement with the company. Tasks that require the status of an advocate — criminal defence, attendance at searches and interviews, an advocate's formal request — are carried out by advocates of the Kovalev, Malyutov, Tsypkalo & Partners Moscow Bar Association: the company has a cooperation agreement with the Bar Association, while the agreement on the provision of legal assistance is made by the client directly with the advocate (art. 25(1) of Federal Law No. 63-FZ of 31 May 2002 “On Advocacy and the Bar in the Russian Federation”). For you this is a single point of entry: we assemble the team.

What happens after I send an enquiry?

We read your description of the situation and come back within one working day: we ask clarifying questions and tell you what we can realistically do. We do not pass your documents or your description of the situation to anyone.

ROAD ACCIDENTS AND INSURANCE / 02

Comprehensive motor insurance (KASKO) disputes

Your KASKO insurer is refusing to pay by citing a clause you never knew about, dragging out the repair at the dealer, or calculating a total loss in the least favourable way. We analyse the contract and the insurance rules and take on the insurer on the substance.

Call: +7 (499) 460-63-47

What is happening

The classic KASKO dispute is a refusal on a technicality: the driver was not named on the policy, the traffic police were not called, the keys were not handed in after a theft, or the notification deadline was missed. Not every such condition in itself releases the insurer from paying, and this is assessed against the specific rules and facts.

The second is a dealer repair. A referral was issued, but the car has been waiting months for parts, or the repair was poor. The dispute is then about timing, quality and the right to switch to a cash payout.

The third is major damage or theft. The insurer declares a total loss, values the salvage its own way, and applies wear and an excess. The final figure can be several times lower than expected, and it needs checking what the contract actually provides for.

What the law says

KASKO is voluntary property insurance. The parties' rights and duties are set by the Civil Code, Law of the Russian Federation No. 4015-1 of 27 November 1992 "On the Organisation of Insurance Business in the Russian Federation", the contract and the insurance rules it incorporates.
The insurer is released from paying only on grounds provided by law or the contract. Terms in the rules that put an individual policyholder in a worse position than the law allows can be challenged.
Insofar as specific rules do not cover the relationship with an individual, Law of the Russian Federation No. 2300-1 of 7 February 1992 "On Consumer Rights Protection" applies: compensation for distress and a fine for failing to meet the claim voluntarily.
On a total loss, the policyholder may abandon the car to the insurer in order to receive the full sum insured, subject to the contract terms; if they keep the salvage, the payout is reduced by its value.
For individuals' claims up to the amount set by the Federal Law "On the Commissioner for the Rights of Financial Services Consumers", applying to the financial ombudsman is mandatory before going to court; larger claims go straight to court.
The limitation period for claims under a property insurance contract is two years (the Civil Code).

What we do

We study the policy, the insurance rules, any endorsements and all correspondence with the insurer.
We test the reason for refusal: whether it is provided for by law or the contract and whether the facts support it.
We arrange an independent valuation of the damage, the salvage or the market value of the car.
We prepare the demand, the application to the financial ombudsman or a claim including the penalty, the fine and compensation for distress.
We handle disputes over repairs at the insurer's garage that are delayed or done badly.
We represent you in court and deal with the court-appointed expert.

What we will need from you

The KASKO policy, the insurance rules, endorsements and receipts for the premium.
Documents on the event: accident, theft or damage; police or traffic police rulings and certificates.
Your claim notification with proof of receipt, inspection reports and any repair referral.
The insurer's letters, including the refusal, and its calculation of the payout.
The loan agreement if the car is pledged and the bank is named as beneficiary.

HOW THE WORK IS BUILT

How the work is built

Policy analysis

We go through the policy, the rules and the reason for refusal or the payout calculation.

1 meeting

Valuation and demand

We arrange an independent valuation and send the insurer a demand.

1–3 weeks

Pre-action stage

Where required, we apply to the financial ombudsman.

as required

Court

We file a claim, work with the expert evidence and follow the judgment through to enforcement.

court schedule

NEARBY

Other services in this practice

All services in this practice

QUESTIONS

Frequent questions

The insurer refused because the driver was not named on the policy. Is that the end of it?

Not necessarily. Much depends on the wording of the rules: it is one thing if such an event is expressly excluded from cover, and another if it is merely a ground for refusal that the law does not provide for. The facts matter too: in a theft, for example, who usually drove the car is irrelevant. We study the specific rules and case law on similar terms.

The car is on finance. Will the payout go to the bank?

If the bank is named as beneficiary, a payout for total loss or theft usually goes to the bank up to the outstanding debt, with the balance to the policyholder. For partial damage, a repair referral is normally issued. It all depends on the policy terms, so we start by analysing them.

How long do I have to bring a claim?

The limitation period for property insurance claims is two years. But there is no reason to wait: the pre-action stage needs documents and an inspection of the car, and once it has been repaired or sold, proving the extent of the damage is harder.

NEXT STEP

Let us discuss your situation

The consultation is free of charge when an engagement agreement is signed: on it we say what has to be done and by when.

Call: +7 (499) 460-63-47