Updated: 06/30/2018 3356
The lost commodity value of the car on CTP: step-by-step instruction recovery + application forms and advice to whom to seek help
Hey! This is Kulik Ilya and today the topic: loss of commodity value of the car OSAGO.
Most of the motorists do not even realize that according to Osago and Casco polisms, it is possible not only the usual insurance compensation, but also an additional fairly decent payment of the commodity value (TCB), as a result of any insured events.
Interesting? Still would!
But the fact is that the insurers themselves never pay such compensation. Moreover, they oppose this in every way. But this fact does not mean that the law on their side and if the motorist is ready to compete for his money, the probability of a successful outcome of the case is high, although not one hundred percent.
Well, drivers are being shown about insufficient payments and, although not always, but mostly won their claims, getting extra charge.
So let's start from the very beginning and find out what this is the most TCB and what he is eating. The loss of commodity cost can be described in simple, and in more detailed form.
Simple definition of TCs
Simple for understanding the definition states that the car restored after the accident, in comparison with its davaric state, is cheaper.
Logical conclusion? Full!
So, it is the difference in the cost between the bat and a non-bite machine and there is a TCB. It is precisely it, without binding to the insurance case, with or without, "edited" to determine experienced overbugs that consistently reduce the price for the fixed damage detected.
In principle, this definition is quite enough for an ordinary driver.
Professional definition of TTS
A more detailed definition corresponds to the "TCB" contained in a special methods, which the judicial experts use in their work and it is somewhat different from the "folk".
In short, it can be expressed as follows: TCB is an objective statement of the fact of the impossibility of full-fledged restoration of the state of the machine to the level preceding insurance case.
This provision is based on the fact that recovery repair is not capable of returning the car its former qualities completely, since any damage that are insured events leads to irreversible consequences for individual elements vehicle (TC), its overall geometry, performance and quality of operation.
That is, in any case, it is impossible to restore the machine to completely comply with the pre-emergency state, and the difference between before and after and there is a TCB.
Please note that damage to the vehicle can occur not only for an accident, but also in other insurance or disposable insurance cases.
Determination of the Supreme Court of the Russian Federation
But that's not all. There is another official definition that was formed by the Supreme Court in 2007 when considering issues on this profile.
The definition of the FRF states that the TCTs of the car have a decrease in its objective value due to the premature damage caused by transportation of accidents and rehabilitation:
- Product form.
- Characteristics of operation.
- Properties of individual structural elements.
- Body in general.
- Knots and details.
- Cooler devices and aggregates.
Well, with the definitions of the term we figured out, now let's see if this "sheepnik" is worth it, and what can affect it.
Is it worth dealing for payments on TTS?
Which side legislative base?
Previously, to recover from insurers payments on TTS was a matter of very troublesome, because until 2007 there was no strictly defined provisions on this issue. When dealing with citizens for similar reimbursions, insurance companies (SC) refused compensation on the basis of FZ "OSAGO" (№40, revision of 2002), where Article 2 (§ 63) was interpreted by them as a dative to the discharge of missed benefits.
In 2007, the Armed Forces of the Russian Federation in his decision (№gkpi0-658) annulled a number of provisions regulatory documentslimiting payments to citizens on TTS, including those mentioned paragraph 63 of the ACHO Law.
From this point on, the claims often ended with a positive decision in favor of victim drivers. In January 2015, the Plenum of the Armed Forces of the Russian Federation adopted a resolution (No. 2), an equalizing TCB to the full loss of auto owners. The corresponding changes in the same month were also made to the methods for shippers.
Therefore, on this moment Insurers legally required to satisfy requests for the refund of the TCB, but according to the tradition "pulling rubber" and oppose the new rules in every way, since they are still not punished for violation of the client's rights in this part.
Therefore, payments in most cases have to continue to receive through the court. Yes, and the innovations themselves are still very damp and require refinement, since there are signals about the facts of hooks SK already based on new rules.
How to get reimbursement on TTS with a 100% guarantee?
The motorist who wants to receive payments by lost value, there are two ways to solve the issue: one simple and fast, other more troublesome and slow.
In the second case, even if you hire a lawyer for doing business, you will still have to do it yourself very much, and if you wish to personally control the course of the case, then it is just for you.
Another option involves the appeal to a specialized legal company, which almost everything will do for its client, and you will only get the money listed on the R / s.
A good opportunity, isn't it? Just keep in mind that you need to choose a company carefully, especially on the Internet, so as not to become a victim of scammers.
When profitable to contact compensation
The amount of payments for lost cost can be quite significant if the car is not cheap. The calculation of this compensation is carried out on the basis of the market price of a similar intact car, taking into account its residual value.
In some cases, dear brands, strongly affected by an accident, payments on the TCB can paradoxically exceed the cost of repair itself! That is, the more expensive car, especially the reason the reason to fight for the accuracy of payments.
Well, let's see how to do it all.
Mandatory conditions for payments on TTS
The right to receive payments for lost cost does not always occur and for this there are a number of grounds for which the driver will receive a defendant refusal even on a lawsuit.
What are these grounds?
First, this is the age of TC
- Auto overseas marks - Reimbursement is supposed if such a car is no more than 7 years.
- Auto production of CIS countries - Reimbursement is supposed if such a car is not more than 5 years.
- Auto domestic production - Reimbursement is required if such a car is no more than 3.5 years.
- Cargo transport, buses, trailers - Reimbursement is required if this transport is no more than 3 years for the customs union and no more than 4 years for foreign transport.
- Mototechnics - Reimbursement is supposed if it is exploited by no more than 5 years.
Secondly, this is the wear of the vehicle
- Wear more than 35% - The refuse will be denied.
- Intensive operation of the TC. - In reimbursement, it will be denied if the mileage is exceeded by a total of more than twice.
There are other conditions
- Insurance case - only insurance cases are subject to reimbursement.
- Guilt in an accident - You should not be the culprit of damage to your car.
- Participation in past accidents - Only parts are counted in reimbursement that are damaged for the first time.
- Work with body - The compensation will be denied if the car was replaced or brought off the body.
- Corrosion - If damaged parts with an explicit and substantial corrosion, then they are not counted into compensation.
- Small replaceable elements - At the expense of compensation, removable elements like headlights, mirrors, moldings, kites, etc. are not counted.
- Limit insurance amount - In reimbursement, it will be denied if the amount of major insurance payments was maximum.
Over time, conditions may vary, because the rules for calculating payments are constantly being finalized.
What to do to obtain a payout for lost cost - step-by-step instructions in the 4th stage
So, let's start the main thing - the procedure for obtaining the payment of the CTS. But first I will give you one General Council: Never take for the result just words - at different stages, different employees or officersFor various reasons, you can talk anything.
But for you always in the first place should be the official documentation! You can say anything, but only an officially certified document has legal force And only he is able to move the matter forward.
Need an example? Please: let's say you yourself, you yourself are perfectly owning an expert craft and you can calculate something exactly, but not only the skills are needed for business, but also a person legally authorized to conduct calculations or expertise with the right to issue an official conclusion.
First - preliminary application to the insurance company
First of all, make sure that your case meets the necessary criteria for the possibility of receiving the payment - I have listed above.
If everything is fine, and you see that you have the right to compensation, then write a statement (the sample will be provided in place) to your insurance company about issuing some documents to your insurance company:
- Inspection certificate by expert insurera - which was held after your notice of an accident.
- Insurance Act - regardless of whether you have paid the main reimbursement, or not yet.
- Certificate forms № 154 About accidents "Please note that the application for the main reimbursement should be written on the period not later than 5 days from the moment of an accident.
The second is to conduct an independent assessment of the cost of compensation
Favoring the listed paper, you need to find a institution that will hold an official independent examination based on this documentation and the affected car, or if the insured case has long been, based on documentation on repair and restoration work.
With an expert, you must agree on the exact date and time of the examination and in a few days (at least 3 working hours) to the insurer's address, you need to send a telegram with a notification of the presentation in which you must specify the time and place of examination and suggest sending your employee to as an observer. No one, of course, will not send anyone, but then it will be necessary for the court.
How should the actual act look like? It consists of two parts:
- Survey of the vehicle (or conclusion, on the basis of documents of previous examinations and repair).
- Page-recalculation with the amount of compensation.
The readiness of the examination certificate is usually 10-15 days.
Attention! PTS payments can be obtained within the period until 3 years from the moment of damage to the car - after that, you will be denied.
The third is the main statement in the insurance company
Having an act of examination with the cost of compensation on the hands of an appointment, you need to submit the insurer a second application for the payment of additional compensation on the TCB, with the application of a copy of the act carried out by an examination, certified by a specialist conducted by it.
The statement is drawn up in 2 copies: one remains at the insurer, and the other remains with you with the date, painting, printing and assurance in obtaining from the employee's acceptable document.
After that, two events development options are possible:
- You pay compensation - in lately This happens slightly more often, but earlier it was about one case from one hundred.
- You traditionally refuse to pay - It must be done officially and in writing.
According to new laws on the consideration of the application and the decision-making of the insurer, 20 days are given. After, if the answer was negative or did not follow it at all, you have the right to submit a lawsuit.
Fourth - submission of the claim to court
If the insurer refused to pay you, then you are fully rightfully submitted to him on your own or with the involvement of a representative-autory. I advise you not to save amateuries and do not save on representatives, since lawyers insurers can take advantage of your mistakes and turn the case against you.
Typically, such cases end with solutions in favor of motorists, since all legal standards for such solutions are available, and the judges themselves are also people, drive cars and hardly pour extra water to the insurer mill.
Additional Information
How are the calculations for reimbursement?
Full calculations for such compensations are complex and require a lot of time, so specialists must be performed. But I will describe them in short, so that you have a general idea of \u200b\u200bhow it is done, although the formulas themselves are unlikely to ever come.
Today, two techniques are used to calculate the lost value:
From the Ministry of Justice - This is the main way for the Russian Federation.
From Halbgevaksa - This is a German additional way.
Calculation on the method of the Ministry of Justice
This method uses the following formula:
SUTS \u003d SP * Σ ki / 100
- Qi - the sum of the repairs of repair factors for each damaged part.
- SP - averaged market price of a similar whole car.
- Sats - irretrievable loss of commodity cost.
Calculation by the method of Halbgevax
For calculations, such data is required:
- CR - the cost of the car.
- CN - the cost of a new car.
- See payment for new components.
- Wed - payment for repairs.
- CO - the amount for all recovery repair.
Immediately calculates the financial feasibility of compensation according to the formula:
CP / TN * 100%
Then the calculation of two technical coefficients A and B according to the following formulas:
A \u003d CO / CP * 100%
B \u003d cp / cm * 100%
With the help of coefficients A and B in the special library of values, the basic coefficient K. is eventually the calculation is made by the final formula:
TK \u003d K / 100 * (CP + CO)
Similarly, calculations can be carried out only for one accident, in which the car visited.
But, if someone wants to independently calculate the amount of compensation, then he does not need to strain with all this mathematics. The network has special services for these purposes, for example, here this simple calculatorWith the help of which you in one click all do not see without headaches.
Reimbursement of lost cost from CASCO
Unlike Caspo, get additional payments with CASCO much more complicated, because this type of insurance is voluntary and the fact of voluntary signing the contract lawyers use in court as a very good argument to payments.
In their contracts, especially for a similar case, there is a mention of the impossibility of payments for lost value. In such conditions, even when the recommendation of the Armed Forces of the Russian Federation, the courts make decisions in favor of drivers and on Casco affairs, not all judges followed.
After all, B. this case There is an explicit fact of voluntary consent on specifically prescribed conditions, challenging what can throw the shadow on the basis of the procedural principles.
However, cases of successful lawsuits are available, so you can try to win such things, but here already have a competent lawyer for doing business.
- If the amounts of payments are not enough To cover the entire damage to the main and additional reimbursement of the CCAMA, the victim has full law Submit a lawsuit for compensation for the culprit of the incident.
- Other incident facilities, not just the vehicle, can also relate to the loss of commodity cost. This can be anything: from damaged green plantings, before harming buildings and other infrastructure facilities.
- In previously refusal casesAccording to the new rules, compensation for the loss of value is also paid. For example, the car was extended by hooligans, and even if it happened outside the roads common use (The main thing is that the CU has the opportunity to move), payments are still provided.
- If the accident was decorated in Europrotokol, To compensation in the loss of commodity cost, the Court will need to show a photo or video phase of damage from the scene.
Conclusion
Well, I think the article helped you understand what the TC is whether it is worth it for paying data and how can it be done or with legal company. Owning such a material, you will be much easier to navigate in the case of compensation and the chances of obtaining it increase significantly, since you no longer make gross mistakes.
Have you ever had to compensate for the loss of commodity value? If so, describe it in the comments. And if anyone is not clear to someone's material, ask, do not hesitate, I will answer everyone.
Video bonus for reading to the end: 10 of the most terrible nightmarish dreams:
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Comments on Article: 19
Alfia.
26.12.2016 | 19:58
Ilya thank you! for full I. useful information
Svetlana
05.05.2017 | 15:23
Hello. If the car has a big mileage, more than 200,000 rubles, it can somehow affect the loss of dimension? Insured, referring to us by 35% car wear ... our car is almost 5 years old (Toyota Corolla)
Evgeny
19.07.2017 | 13:00
be kind, give a fission on the basic form of an application to the insurance on TTS
Hope
Compensation payments for mandatory auto insurance compensation to the affected person the damage obtained in all cases where the design of such damage has passed properly. But not everyone knows that it is also possible to pay payments for the loss of commodity value of the car, but for this you need to know what the TCB is, under what conditions can it be compensated for which way to calculate how to arrange, as well as possible failures and Ways to protect their rights with those.
○ Conditions for obtaining TCP payments on the CTP.
The loss of commodity cost is compensated for by the SC, subject to the following conditions:
- The recipient of this compensation is the affected by the accident, and not guilty.
- Payment in aggregate with other damage does not exceed the size of the maximum insurance payment.
- The vehicle has wear or age that does not exceed the set maximum limits.
The last condition requires more detailed explanation.
○ Who can't qualify for payments on TTS?
In determining the possibility of obtaining compensation for the loss of commodity cost, it should be proceeded from a number of criteria:
- Vehicle category.
- The sir of its operation.
- Actual wear during operation.
- The purpose of use.
In the presence of wear, which would exceed 35% compared with the state of the new car, in any case, the lips are not calculated and not compensated. With regard to other criteria there is specification. In particular, the payment under consideration is not carried out for the following machines that have received damage:
- Agricultural cars age more than 5 years.
- Trucks and buses of Russian manufacturers older than 1 year.
- Foreign buses 3 and 5 years for transportation as public transport and use in tourist purposes, respectively.
- Freight Foreigns for more than 2 years, if they are used for commercial purposes for the carriage of goods.
- If the specified category of transport carries out auxiliary activity and has a period of operation more than warranty.
○ Calculation of TTS.
The amount of compensation is determined using the method defined by the contract or insurance rules. It is impossible to say that some of them is more beneficial to the insured, and some kind of insurer, the final indicators are individual in each particular case.
✔ Mentale method.
This method of calculation of the TCC is fixed in the legal act, but is not the nature of the mandatory, but is only used in cases specified by the parties.
- P. 7.2.1 Research:
- "The value of the CTS with the TCB in damage to the AMTs is determined as a percentage of its value at the time of damage:
- With TBC \u003d C × σK TTS I / 100% [rub.], (8.27)
- where C is the cost of ATS at the time of damage, rub.;
- K UTS I is the coefficient of TTS according to the I-MU element of AMTS, repair exposure,%.
All variables are calculated by assessing and simple mathematical calculations, with the exception of the latter coefficient, which is applied based on the indicators set by Appendix No. 5.
✔ Halbgevax method.
This private technique is also of great popularity, widespread in business trafficking and insurance business is internationally recognized. It has a number of similar features with an exclusively Russian methodology, but several on other indicators is based.
- Halbgevax technique:
- "TTS \u003d (k / 100) * (CP + CO),
- where: TTS - loss of commodity cost;
- To - the coefficient is determined by the Table of Halbgevaks;
- CP - market value car at the time of repair;
- CO - the total cost of repair. "
If the contract is not installed in advance, a different method of calculating the loss of commodity cost, this technique may well be applied in practice.
○ When getting payments on TTS will not work.
The loss of commodity cost is not always possible to compensate for the OSAGO policy. In practice, such a case is possible, upon the occurrence of which compensation will not be paid, including:
- The applicant fell into an accident as a result of his actions.
- The car does not match the established criteria (has a long life or wear).
- The face did not seem to pay.
- The affected party independently carried out the repair, as a result of which the size of the TCB cannot be determined, or the TCC arose as a result of this repair.
- In insurance, it is indicated that the loss of commodity costs of the insurance policy is not compensated.
- The person has already appealed for the payment of the sum insured, and its cumulative size exceeds the maximum possible (400 thousand rubles).
In order to avoid financial losses, it is necessary to carefully read the insurance contract when signing and comply with all the rules set to obtain insurance compensation Real losses.
○ Procedure for obtaining PTS payments on CTP.
The payment of CTS compensation can be obtained by insurers, subject to the established procedure, which implies the following steps:
- Proper registration of the road.
- Writing a CFC compensation statement to an insurance company.
- Application directions together with the accompanying package of mandatory documents.
- Implementation of the expertise to establish and calculate the TCB.
- Direct payment.
As applications, the following documents must be attached to the application:
- Paper, decorated as a result of the accident.
- Documents confirming repair work to restore vehicles.
- Conclusion of expertise (if available).
- Calculation of the sizes of the CTS, if it was carried out on the initiative of the applicant itself.
If the application is issued correctly, all the necessary applications are collected and there are no other obstacles, then the payment must be made. At the same time, you should not forget about the leverage of the sum insured, which is equal to 400,000 rubles. Over the maximum amount of the loss of commodity value by OSAGO will not pay any insurer.
The loss of the vehicle value of the car must necessarily be reimbursed when compensating for the insurance company (or directly the culprit of the road accident) to the fullest.
The loss of the commodity value (TCB) of the car is not some kind of bonus and far from moral harm for participating in an accident, this is a decrease in the price of the car of the victim because of its participation in the accident, but, more precisely, due to the restoration and repair of the car, because repair Machines as such means a decrease in its durability, and any repair, respectively, reduces the price of a car for a certain amount. In the meantime, the Supreme Court ordered all insurance companies to pay the lost cost of the car with the relevant decree:
29. To real damage arising from a road accident, along with the cost of repair and spare parts also applies lost commodity valuewhich represents a decrease in the cost of a vehicle caused by a premature deterioration in the commodity (external) type of vehicle and its operational qualities as a result of a decrease in the strength and durability of individual parts, nodes and aggregates, compounds and protective coatings due to road traffic accidents and subsequent repair.
BUT the federal law "OSAGO" obliges to reimburse the real damage to the victim in an accident.
So, for calculating the loss of commodity value of the transport means there are a number of methods, but we will consider only the main ones that are applied by independent experts and judicial experts on the basis of the law. These methods include the methodology of the Ministry of Justice of the Russian Federation - it is considered "official" and most often this technique is used by judicial experts, the Methodology of the RD (steering document), which is also sometimes used in judicial evaluation TTS.
It should also be noted that in almost any method of calculating the TCB, it is unprofitable to carry out such a calculation if the car has a level of wear of more than 40%, and its age has reached 5 years, because the cost of the TC is directly proportional to the car's cost at the time of the accident. In addition, it should be borne in mind that if you appeal by the insurance case on the CASCO, then you also legitimate way You can reimburse the loss of commodity cost, and the procedure for calculating the TCC in this case will be similar.
How to calculate the TCB according to the manual document method?
This is perhaps the most complex procedure for calculating the loss of the freight value of the car, which can hardly calculate you can hardly be due to a very complex formula, which is read only by owners of mathematical knowledge, but it is used wider than everyone else, but, mostly, only on foreign cars production. In general, we will give a simplified calculation of the value of the TCB, because no one will accept the officially produced calculation anywhere, and will only be referenced. However, for a more or less accurate determination of the value of the TCB, this calculation is quite suitable.
So, the calculation of the TCB according to the method of the RD begins with the summation of the total loss of the commodity price by the formula:
Y total. \u003d Ul. + At car. + UK. + In Kuz.
- Y total. - this is the total TCC
- At El. - this is the cost of repair of all removable body elements;
- At car. - this is the cost of repair of all bodied body elements that constitute a body frame;
- At the OCC. - this is the cost of a complete or partial painting of the body;
- In Kuz. - The cost of working on the replacement of the body or repairing such a number and quality of the elements of this body, which disrupts the overall structural geometry of the body.
The procedure for calculating the TCB during repair (Repair includes here and replacement) of all removable body elements:
m.
Wel. \u003d K 2 Σk 1 ci
1
K1 is the coefficient of resizing TTS depending on the method or nature of repair;
Ci is the retail price of a part that is subject to repair, in rubles;
K2 is the coefficient of resizing the TCB depending on the degree of wear of the parts.
M - the number of repaired removable elements.
How to calculate the TCB by the method of Halbgeseks?
This is perhaps the easiest method of calculating the loss of the car ownership of the car, and with the help of this technique, to calculate the CTS will be able to be able to anyone, not even remembering the algebra from the school program. The calculation method of Halbgevaks Calculation is widely distributed among European experts, however, in Russia, some consider it insolvent for the reason that this method takes into account the total cost of repair, and makes it fair enough, even if one type of repair led to a greater loss of commodity cost than the other .
The calculation formula according to the method of Halbgevaks is quite simple and is as follows:
TCB \u003d (K ÷ 100) (CP + CO)
- K is the maximum value coefficient of the TCC, determined by the Halbgevax Table (see the table below);
- The CR is the market value of the car, taking into account its wear;
- Co - the total cost of repair.
Table Halbgevax by definition maximum size TCB for passenger cars:
| A-ratio | V-ratio | No more than 2 months | No more than 6 months | No more than 12 months | No more than 24 months | No more than 36 months | No more than 48 months | No more than 60 months | ||
|---|---|---|---|---|---|---|---|---|---|---|
| I. | 10-20% | A. | >130 | 5,00 | 4,50 | 4,00 | 3,50 | 3,00 | 2,50 | 2,00 |
| B. | <130-100 | 4,50 | 4,00 | 3,50 | 3,00 | 2,50 | 2,00 | 1,50 | ||
| C. | <100-70 | 4,00 | 3,50 | 3,00 | 2,50 | 2,00 | 1,50 | 1,00 | ||
| D. | <70-50 | 3,50 | 3,00 | 2,50 | 2,00 | 1,50 | 1,10 | 0,50 | ||
| E. | <50-40 | 3,00 | 2,50 | 2,00 | 1,50 | 1,00 | 0,50 | - | ||
| II. | 21-33% | A. | >130 | 5,25 | 4,75 | 4,25 | 3,75 | 3,25 | 2,75 | 2,25 |
| B. | <130-100 | 4,75 | 4,25 | 3,75 | 3,25 | 2,75 | 2,25 | 1,75 | ||
| C. | <100-70 | 4,25 | 3,75 | 3,25 | 2,75 | 2,25 | 1,75 | 1,25 | ||
| D. | <70-50 | 3,75 | 3,25 | 2,75 | 2,25 | 1,75 | 1,25 | 0,75 | ||
| E. | <50-40 | 3,25 | 2,75 | 2,25 | 1,75 | 1,25 | 0,75 | 0,25 | ||
| III | 34-45% | A. | >130 | 5,50 | 5,00 | 4,50 | 4,00 | 3,50 | 3,00 | 2,50 |
| B. | <130-100 | 5,00 | 4,50 | 4,00 | 3,50 | 3,00 | 2,50 | 2,00 | ||
| C. | <100-70 | 4,50 | 4,00 | 3,50 | 3,00 | 2,50 | 2,00 | 1,50 | ||
| D. | <70-50 | 4,00 | 3,50 | 3,00 | 2,50 | 2,00 | 1,50 | 1,00 | ||
| E. | <50-40 | 3,50 | 3,00 | 2,50 | 2,00 | 1,50 | 1,00 | 0,5 | ||
| IV | 46-65% | A. | >130 | 5,75 | 5,25 | 4,75 | 4,25 | 3,75 | 3,25 | 2,75 |
| B. | <130-100 | 5,25 | 4,75 | 4,25 | 3,75 | 3,25 | 2,75 | 2,25 | ||
| C. | <100-70 | 4,75 | 4,25 | 3,75 | 3,25 | 2,75 | 2,25 | 1,75 | ||
| D. | <70-50 | 4,25 | 3,75 | 3,25 | 2,75 | 2,25 | 1,75 | 1,25 | ||
| E. | <50-40 | 3,75 | 3,25 | 2,75 | 2,25 | 1,75 | 1,25 | 0,75 | ||
| V. | 66-90% | A. | >130 | 6,00 | 5,50 | 5,00 | 4,50 | 4,00 | 3,50 | 3,00 |
| B. | <130-100 | 5,50 | 5,00 | 4,50 | 4,00 | 3,50 | 3,00 | 2,50 | ||
| C. | <100-70 | 5,00 | 4,50 | 4,00 | 3,50 | 3,00 | 2,50 | 2,00 | ||
| D. | <70-50 | 4,50 | 4,00 | 3,50 | 3,00 | 2,50 | 2,00 | 1,50 | ||
| E. | <50-40 | 4,00 | 3,50 | 3,00 | 2,50 | 2,00 | 1,50 | 1,00 | ||
Under the loss of commodity cost (TCC) implies a decrease in the actual market value of the car as a result of the deterioration of its consumer qualities. When calculating the CFC, the subject of the assessment is premature deterioration. external view and the operational qualities of the vehicle due to the wear of its individual parts, protective coatings, nodes and compounds due to an accident. TCB refers to real damage and is taken into account when determining the size of the insurance payment.
The most common techniques for assessing the car for the TCC today are:
- mINISTEANT MINIANT; HALBGEVAX method.
MINIUD MINIANT METHODS Evaluation of the loss of commodity value
The methodology of the Ministry of Justice of the Russian Federation is applied to evaluate the TCB of foreign and domestic production cars up to 5 years, with wear less than 35%. The calculation of the TCB according to the Halbgevax method is made only for automobiles of foreign production not older than 5 years, with wear no more than 40%. The TCB of the car can reach 10% in relation to its market value.Evaluation of the loss of commodity cost according to the method of Halbgevax
Halbgevakse method is widespread among the European Bureau independent evaluation and expertise. According to this method, the TCC is calculated according to the following formula: TK \u003d (k / 100) * (CP + CO)Where:- TC - loss of commodity cost; TO- the coefficient specified on the Halbgevax table; CR SO - The total cost of repair.
Economic feasibility of calculating TCB
Before proceeding with the calculation of the TCB, its economic feasibility should be calculated by the formula: (CP / CN) * 100%Where:- CR - market price of a used car; TN - price of a new car at the time of release.
A \u003d (CO / CP) * 100%
B \u003d (cf / cm) * 100%
- Cf. - cost of work; CM - The cost of materials and spare parts.
For BUT \u003e 90% (i.e., when the cost of spare parts and materials significantly exceeds the cost of restoration work) CFC to calculate it is inappropriate.
For IN< 40 % (т.е. когда стоимость запчастей и материалов значительно превышает стоимость восстановительных работ) УТС также рассчитывается только в исключительных случаях.
If the calculations made confirmed the feasibility of calculating the CTS, it should be determined table Halbgevaksa The value of the coefficient TO And substitute it in the original formula.
Table of Halbgevax to determine the maximum value of the TCB for passenger cars
| A-ratio | V-ratio | up to 2 months | up to 6 months | up to 12 months | up to 24 months | up to 36 months | up to 48 months | up to 60 months | ||
| I. | 10-20% | a. | >130 | 5,00 | 4,50 | 4,00 | 3,50 | 3,00 | 2,50 | 2,00 |
| b. | <130-100 | 4,50 | 4,00 | 3,50 | 3,00 | 2,50 | 2,00 | 1,50 | ||
| c. | <100-70 | 4,00 | 3,50 | 3,00 | 2,50 | 2,00 | 1,50 | 1,00 | ||
| d. | <70-50 | 3,50 | 3,00 | 2,50 | 2,00 | 1,50 | 1,10 | 0,50 | ||
| e. | <50-40 | 3,00 | 2,50 | 2,00 | 1,50 | 1,00 | 0,50 | - | ||
| II. | 21-33% | a. | >130 | 5,25 | 4,75 | 4,25 | 3,75 | 3,25 | 2,75 | 2,25 |
| b. | <130-100 | 4,75 | 4,25 | 3,75 | 3,25 | 2,75 | 2,25 | 1,75 | ||
| c. | <100-70 | 4,25 | 3,75 | 3,25 | 2,75 | 2,25 | 1,75 | 1,25 | ||
| d. | <70-50 | 3,75 | 3,25 | 2,75 | 2,25 | 1,75 | 1,25 | 0,75 | ||
| e. | <50-40 | 3,25 | 2,75 | 2,25 | 1,75 | 1,25 | 0,75 | 0,25 | ||
| III | 34-45% | a. | >130 | 5,50 | 5,00 | 4,50 | 4,00 | 3,50 | 3,00 | 2,50 |
| b. | <130-100 | 5,00 | 4,50 | 4,00 | 3,50 | 3,00 | 2,50 | 2,00 | ||
| c. | <100-70 | 4,50 | 4,00 | 3,50 | 3,00 | 2,50 | 2,00 | 1,50 | ||
| d. | <70-50 | 4,00 | 3,50 | 3,00 | 2,50 | 2,00 | 1,50 | 1,00 | ||
| e. | <50-40 | 3,50 | 3,00 | 2,50 | 2,00 | 1,50 | 1,00 | 0,5 | ||
| IV | 46-65% | a. | >130 | 5,75 | 5,25 | 4,75 | 4,25 | 3,75 | 3,25 | 2,75 |
| b. | <130-100 | 5,25 | 4,75 | 4,25 | 3,75 | 3,25 | 2,75 | 2,25 | ||
| c. | <100-70 | 4,75 | 4,25 | 3,75 | 3,25 | 2,75 | 2,25 | 1,75 | ||
| d. | <70-50 | 4,25 | 3,75 | 3,25 | 2,75 | 2,25 | 1,75 | 1,25 | ||
| e. | <50-40 | 3,75 | 3,25 | 2,75 | 2,25 | 1,75 | 1,25 | 0,75 | ||
| V. | 66-90% | a. | >130 | 6,00 | 5,50 | 5,00 | 4,50 | 4,00 | 3,50 | 3,00 |
| b. | <130-100 | 5,50 | 5,00 | 4,50 | 4,00 | 3,50 | 3,00 | 2,50 | ||
| c. | <100-70 | 5,00 | 4,50 | 4,00 | 3,50 | 3,00 | 2,50 | 2,00 | ||
| d. | <70-50 | 4,50 | 4,00 | 3,50 | 3,00 | 2,50 | 2,00 | 1,50 | ||
| e. | <50-40 | 4,00 | 3,50 | 3,00 | 2,50 | 2,00 | 1,50 | 1,00 | ||
First of all it is necessary to understand what means term TTS (commodity loss). TCB - reducing the cost of the vehicle, which arises as a result of an accident. The car, never falling into an accident, is much more expensive than a similar car, but only broken and restored.
This is due to the fact that as a result of the replacement of individual elements or vehicle nodes, its operational characteristics decrease, the paintwork suffers, and those details that were replaced partially lose strength. In short, the TCB is a real reduction in the consumer value of the machine.
IMPORTANT! Today, despite the enormous judicial practice of conducting such cases in favor of the car owner, employees of insurance companies are inclined to consider the CCS OSA, as well as CASCO TCs, as lost profits, and do not belong to real damage.
And the current legislation (FZ of the Russian Federation No. 40 dated 25.04.2002 "On compulsory insurance of autocarted liability of vehicles and other vehicles) obliges insurers to pay the amounts of only real damage (on how to make calculation of the procedure for the OSAO, disclosed in detail). For this reason, it is difficult to argue with insurance agents. It is difficult, but not likely.
How to act in the insurance company?
Before contacting the insurance company with a statement for refunds, the CTS should be remembered that payments are not carried out, in the case when:
- the age of the vehicle of foreign production for more than five years;
- the age of the domestic car over four years;
- the total depreciation of the machine is more than 35%;
- the applicant is the culprit of the accident;
- the amount provided by law the amount of payments on the OSAGO has already been produced.
The penultimate condition applies only to payments in the loss of commodity value on the CCAMA. If we talk about compensation for the CASCO, it is performed in any damage to the machine, regardless of who is the culprit of an accident. With the exception of this item, the damage compensation system after the accident is united for all types of insurance.
In all other cases, it is safe to go to the insurance organization and submit an application for the compensation of the TCP of the vehicle. It is possible that the insurance car owner will hear a refusal and a kind of offer to apply to the court. No need to refuse from this proposal. The payment procedure looks like this:
And only after the failure of the insurance company was received and all the necessary documents were collected, the statement of claim.
As practice shows, similar things most often turn out to be winning, since the court, given the decision of the Supreme Court on the attribution of the loss of commodity value to real losses (Resolution No. 2 of 29. 01. 2015 of the Plenum of the Supreme Court of the Russian Federation "On the use of laws on the obligatory auto-road insurance by the vessels"), it becomes on the side of the owner Machines and forces insurers not only to reimburse the amount of damage, but also to pay for legal costs.
How is the calculation?
- Halbgesex method. This method is considered only for the amount of payments of foreign cars in OSAGO, which is not more than 5 years. In addition, depreciation should not exceed 35%. When calculating, experts use several basic characteristics (the cost of a new car during the release, the cost of used cars, age in months, the total amount of funds spent on repairs, the cost of spare parts and materials). Especially popular with this technique uses European expert agencies.
- The Ministry of Justice can be used when they consider TCs as domestic and foreign vehicles by age not older than five years and wear less than 35% (about the independent settlement of wear on the OSAGO is written in detail in).
IMPORTANT! In order for payments to the loss of commodity value of the CTP machine to be able to remember, about its age and that the amount of compensation does not exceed 400 thousand rubles.
Calculation of the loss of commodity value of the vehicle:
The main conditions for the possibility of payments and in what cases is compensation?
Counting on receipt of payments to the loss of commodity value on the CTP need to remember that for this some mandatory conditions must be respected:
- A participant of the accident, which is referred to the reimbursement of damages, should not be a culprit of an accident. Only subject to this condition, the insurance company takes responsibility for the guilty side.
- The maximum amount of damage should not exceed 400 thousand rubles. In addition, if this amount has already been paid to the affected side, then it is not worth it for the refund of the TCC.
- Addressing the insurance company with a statement for damages, do not forget about such characteristics as age and depreciation of the machine. In case of non-compliance with the established requirements, the insurer has the legal right to refuse.
- Exceptionally insurance cases are subject to payments in autocitres.
- If the car has already managed to visit the accident, then when calculating compensation, only those details and nodes that were damaged for the first time are taken into account. About how to calculate the cost of spare parts, described in detail
