The run away insurer

The unsophisticated driver, buying on tick the new car, insures it, certainly, there where more cheaply, not especially reflecting that the insurer can to go bankrupt tomorrow not today. Than similar improvidence threatens and how to compensate the losses in case of failure?

«Peugeot 307 I have bought the in August of last year on tick. A loan took in Sobinbank, — Elena М — According to conditions of granting of the credit shares the history, to me followed issue the policy каско in the insurance company accredited at that point in time in bank. From all offered insurers according to the advice of the manager has chosen company" Metropolis ". The case to address to the insurer it was presented quickly enough: in June of this year in I wash the parked car other car has driven. And here it was found out what to address for compensation, in general, there is nobody». By phone specified in the policy, Elena nobody answered, and in bank at first have told that "Metropolis" has moved, they know only the new address, and then nevertheless admitted that heard about problems in the company and have advised to address with all questions in Federal Agency of insurance supervision (ФССН). In ФССН to it have answered that can help nothing and she should or address in the Russian union of autoinsurers (РСА), or bring an action against "Metropolis". «In РСА by phones of a round-the-clock line nobody answered, and on site ФССН I have found out about license withdrawal from my insurer, — Elena tells. — what now to do and whether I can receive compensation?»

Certainly, having the policy каско the reliable insurance company, it would receive a direction in car-care center of the official dealer and easy there would repair the guarantee car. But in this case it even doesn't have possibility to declare to the insurer about the happened. Unique, apparently, an exit — to try to receive payment from the insurer through court. But, as practice shows, has put this almost hopeless.« All is the lost money, time and health even if bankruptcy procedure passes through arbitration money for the third and fourth turns where insureds enter, doesn't remain, — the head of legal firm "Автоюрпомощь" Yury Karjagin explains. — we observed Such cases and with "Avestoj", "Komestroj" and other insurers-bankrupts. If the license is withdrawn, means, money at them isn't present, the management is in hiding, and all, as they say, is already stolen to us ». The lawyer of board« Nikolays and partners »Pavel Lambrov has remembered only one case from the practice when in a similar situation the insured managed to receive from the insurer compensation, but also he recognizes:« to us has simply carried that the company after license withdrawal still had any means and the court enforcement officer in безакцептном an order has discounted them and has listed on the deposit of the victim ».

The originator will pay

Going to receive payment from the insurer-bankrupt, Elena has forgotten about the most important circumstance: it is recognized by the victim in the given road and transport incident so, on failure its originator (more precisely, its insurer should compensate it all losses).

But for this purpose it is necessary to receive at least documents from employees of the State traffic inspectorate who have fixed road accident. But also here hasn't done without complications. Later two weeks after failure Elena has addressed in traffic police for documents, but from it have waved away with words: «your business was taken away by Office of Public Prosecutor». It is good that it has consulted in time at the lawyer who has explained that the Office of Public Prosecutor doesn't take away such affairs and it is necessary to demand more persistently simply from employees of traffic police of performance of the duties. Having addressed for papers repeatedly, Elena without problems has received all necessary inquiries — «business was at once». From traffic police together with the statement she has sent documents to the insurer of the originator of failure, having received in an exchange a direction on independent expert appraisal carrying out.

Most likely, that payment which to it will be counted by the insurer, will be 10 times less cost of repair at the official dealer whom she will spend (isn't present the sense to lose the guarantee, all the same its car for the present doesn't have also year). Somehow to try to influence results of examination it is not necessary, lawyers consider. «Even if the appraiser will consider that repair will manage, for example, in 110 thousand rbl. the insurer can pay all 50 thousand, and compensate a difference you can unless on court as the law allows insurers to estimate a damage to property, — Yury Karjagin speaks. — Besides, the appraisers working with insurers, initially underestimate due suffered indemnification because otherwise on their place take other more compliant partners».

Elena still has possibility to receive a repair overall cost through court. However, for this purpose it is required to be reserved by patience, to make the claim, to support with its necessary proofs (checks from the car-care center which was carrying out repairing of a car, guarantee presence on the car) and to wait decisions of a Themis. Such affairs are rather perspective, lawyers, — as a rule unanimously confirm, they are won by victims. And last can bring an action against the originator of failure at once. Many victims in similar situations wait for payments from the insurer but if that is in предбанкротном a condition expectation can be tightened for years.

And what bank?

Business of our borrower has appeared not so hopeless as it was first represented to it. However the credit at it for the car isn't extinguished, so, obligations under the credit contract on presence of the operating policy каско nobody removed from it. Elena can simply choose through the reliable broker the optimum offer in the market on автокаско and again insure the car, then to advise bank. «I on a place of the borrower would coordinate the actions with bank to keep with it good relations. Would address with the statement where has specified that at the insurer the license is withdrawn, and joint forces has solved a question on the further insurance of the car», — Pavel Lambrov advises.

But how to be that the bank, as a matter of fact, has substituted the borrower, having recommended to it to insure the car in the unreliable company. As a result of such "recommendations" Elena is compelled to pay repeatedly the insurance and to spend nervous cages. If for you principle business — to punish and bank, it is possible to submit on it court on compensation of moral harm. According to lawyers, «the outcome of such business isn't obvious, but precedent would be interesting».

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