The insurance company is waiting for the avalanche of claims from motorists

12 September 2018

The Supreme court sided with motorists

In the near future insurance companies face an avalanche of lawsuits that require to recalculate compensation insurance for accidents that occurred in 2014-2015. The whole thing in an interesting decision of the Supreme court, which can affect further developments. A nightmare insurers write "Vedomosti".

The Supreme court has put an end to the long dispute between the Office of the Federal Antimonopoly service (FAS) of the Republic of Tatarstan and the Russian Union of motor insurers (RAMI). The stumbling block was a reference to the average cost of spare parts, materials and labor. In this case we mean the materials only for certain period of time — 1 December 2014 to 1 may 2015.

Representatives FAS have considered that the method of calculation used PCA, does not meet the requirements of the Central Bank. In particular, specified in the reference prices take into account discounts and wholesale prices to repair shops. In other words, in fact, reference price is usually significantly below market. Accordingly, payments on CTP not reasonably be underestimated.

The dispute between the FAS and RSA began in April 2016: it was then that tatarstanskoe UFAS has ordered the PCA to change the method of calculation. But the Union of insurers tried to challenge the injunction in court. The courts handed down different decisions. So the case went to the Supreme court, which sided with the FAS.

Now ordinary motorists began to demand recalculation of a payment for insurance in connection with new circumstances. According to "Vedomosti" lawsuits have inundated the insurance company "Rosgosstrakh", "Consent", "MAX", and others.

The Deputy Director on retail insurance of the "Consent" Dmitry Kuznetsov said that the prospect of payment in such cases can be measured in billions of rubles. The difference of a few thousand rubles, including fines, penalties, payments examinations and hospitality expenses may increase exponentially to hundreds of thousands of rubles.

Until all claims are submitted only for accidents occurring from 1 December 2014 to 1 may 2015. At the same time the representatives of the UFAS are sure that reference RSA still neaktualizovat. According to the court, insurers will have to rewrite them until November 30.