Old parts appear in OSAGO – Newspaper Kommersant No. 14 (7459) dated 01/26/2023

Insurers want to tighten the requirements for car owners when choosing a service station for OSAGO repairs, as well as limit the ability to refuse to use used spare parts. Such proposals are planned to be discussed at a meeting with the Central Bank. Experts believe that the implementation of some of the ideas is possible, however, it is associated with increased risks for both insurers and customers. And it can lead to an increase in the number of refusals to purchase OSAGO policies.

Insurers are proposing to make a number of changes to the OSAGO law, follows from a document prepared by the All-Russian Union of Insurers (VSS) for a meeting with Central Bank Deputy Chairman Philip Gabunia, scheduled for January 26 (Kommersant got acquainted with the document). We are talking about enshrining in the law “the uncontested right of the insurer to organize and pay for the repair” of the car, excluding the possibility of the victim refusing to choose a car service station (STOA). If the proposal is rejected, the duration of the repair should be increased (from 30 to 60 days) and allowed to be done using used parts.

It is also proposed to establish that the in-kind form of compensation is applied only if the insurer has an agreement with the service station. At the same time, it is necessary to introduce the obligation of the victim to provide the vehicle for repair within a certain time frame, and in case of non-compliance, to provide for the right of the insurer to pay compensation in cash. Such proposals are made by VSS, RSA, VSK and Rosgosstrakh.

As a member of the board of Rosgosstrakh, Denis Makarov, explains, in the current situation, when the logistics of supplying spare parts has become more complicated, the time has increased, and many original parts are not available in principle, the possibility of using used spare parts, as well as the inability of the client to refuse the service station chosen by the insurer – this is often the only way for the insurance company to ensure that the car is repaired within the legal deadlines. The ARIA and the PCA noted that “most of the proposals will not be included in the discussion with the regulator.” VSK did not respond to Kommersant’s request.

However, not all companies are so radical. According to the interlocutor of Kommersant in the market, it is worth switching to the use of used spare parts for a while, with restrictions, and only if parallel imports cannot be established.

Experts also believe that using used parts is risky. Tatyana Nikitina, senior director of ratings for financial companies at the NRA, notes that the main problems when using them can be customer complaints about the quality of repairs and the complexity of the guarantee, as well as possible security issues. According to Anton Shaparin, vice-president of the National Automobile Union, in the Russian Federation there are no standards, systems and procedures for assessing the quality of spare parts, and there are no guarantees that they will be safe or fit the car as a whole. Mr. Shaparin is sure that the Central Bank will refuse these proposals to insurers. The Bank of Russia did not respond to Kommersant’s request.

Aleksey Yanin, managing director for ratings of insurance and investment companies at Expert RA, adds that in a situation where a client categorically does not agree to car repairs using used spare parts, there is a risk that he will not receive any compensation at all.

Human rights activists warn that the deprivation of the choice of service stations and the use of used spare parts will lead to massive refusals from OSAGO. Managing partner of SHAGI law firm Andrey Sharkov believes that motorists will get another reason not to insure their cars, not to trust insurers, but to extort money from the culprit right on the road in the old fashioned way.

Sergey Uchitel, Partner at Pen & Paper Bar Association adds that such offers infringe on the rights of vehicle owners to full insurance compensation for damage caused by using new spare parts for repairs or choosing to receive full monetary compensation for damage.

Julia Poslavskaya, Ekaterina Volkova