The Sun explained in which cases the perpetrator of the accident can pay less

It is necessary to prove that there is another, more reasonable way to restore the machine

To reduce the amount of compensation for damage caused during the accident, the motorist who became the culprit will be able to. Such a conclusion was made in the decision of the plenum of the Supreme Court (SC) of Russia regarding the application by the courts of the legislation on OSAGO.

As it became known to MK, the Armed Forces, in particular, indicated that the perpetrator of the accident is obliged to compensate the victim for the difference between the actual costs and the insurance payment, but only if it is not enough to cover the costs of repairs. At the same time, the court has the right to reduce the amount of damages if the person who caused it can prove that there is another, more reasonable way to restore the car.

Also, you can count on a reduction in this amount if, after replacing damaged components and parts, the affected car has become better than it was before the accident.

In addition, the Supreme Court clarified that in the case of transfer of ownership of the car to a new owner, the car cannot be recognized as insured on the grounds that the previous owner insured the car. The contract will have to be re-signed.

The decision of the plenum indicated the main cases of termination of the OSAGO contract – this is the death of the owner of the car, the liquidation of the legal entity-insured and the death of the vehicle specified in the policy. Termination of the contract in the latter cases is allowed only after the provision of documents stating that the machine has been deregistered and disposed of.

The Sun confirmed that after the repair of the car carried out by the insurer, the perpetrator of the accident has the right to use the damaged and removed parts, components and assemblies of the car at his own discretion, unless otherwise specified in the agreement with the victim.

The Supreme Court pointed out that if the policyholder, when concluding the contract, provided false and incomplete information or did not provide the necessary information, in the presence of which the contract would not have been concluded or would have been concluded on different conditions, then the insurer has the right to terminate such a contract.

Published in the newspaper “Moskovsky Komsomolets” No. 28907 dated November 9, 2022

Newspaper headline:
Perpetrators of accidents were allowed to underpay the victims for damages