Motor third-party liability (OSAGO) disputes

What is happening

The most common complaint: the insurer paid out with a deduction for wear, and the money does not cover the repair. Often the client was never even offered repair at a garage, or the insurer said it had no contracts with any. For a private car that alone is reason to look into it.

The second is a refusal: "the damage does not match the accident", "the car was not presented for inspection", "the other driver's policy is not valid". Each such ground is checked against the documents, and this usually requires an independent assessment.

The third is delay. A repair referral was issued, but the garage will not take the car for weeks, the work is poor, or the deadlines are missed. This gives grounds to claim cash instead of repair, plus a penalty.

What the law says

• The injured party's relationship with the insurer is governed by Federal Law No. 40-FZ of 25 April 2002 "On Compulsory Civil Liability Insurance for Vehicle Owners" and the Bank of Russia's OSAGO rules; repair costs are calculated under the Bank of Russia's Unified Methodology.
• For passenger cars owned by individuals and registered in Russia, compensation is as a rule provided by repair at a garage; the insurer may switch to cash only in the cases listed in the OSAGO Law. Where the car is repaired, no deduction is made for wear.
• The insurer has 20 calendar days, excluding public holidays, to consider the claim and issue a repair referral or make payment. Late performance attracts a penalty under the OSAGO Law.
• Before going to court, an individual must send the insurer a written demand and then apply to the financial ombudsman under the Federal Law "On the Commissioner for the Rights of Financial Services Consumers". Without this the claim will not be heard.
• If the court upholds an individual's claim, the insurer also pays the fine for failing to meet the demands voluntarily set by the OSAGO Law, and compensation for distress under Law of the Russian Federation No. 2300-1 of 7 February 1992 "On Consumer Rights Protection".
• If the at-fault driver's insurer has lost its licence, the Russian Union of Motor Insurers makes a compensation payment.

What we do

• We check the accident documents, the claim to the insurer, the inspection report, the costing and the reasons for refusal.
• We arrange an independent assessment under the Unified Methodology and compare it with the insurer's figures.
• We prepare the demand to the insurer and the application to the financial ombudsman, keeping track of the deadlines at each stage.
• If the ombudsman's decision does not satisfy you, we prepare a claim: the shortfall, repair costs without wear deduction, the penalty, the fine and compensation for distress.
• We represent you in court, apply for a court-appointed expert and challenge the insurer's expert findings.
• If the insurance payout does not cover the real repair cost, we claim the difference from the driver at fault.

What we will need from you

• The OSAGO policy and accident documents: the joint accident report or the traffic police ruling, and the diagram.
• Your claim to the insurer with all attachments and proof of receipt.
• The inspection report, costing, repair referral, the insurer's letters and payment records.
• Photos and video of the scene and the damage, and dashcam footage.
• Expert reports and garage invoices if the car has already been repaired.
• The vehicle registration documents, your driving licence and bank details for payment.