The culprit will pay from its
The constitutional court allowed them to pay the amount of damages in excess of insurance payouts.
Recognized injured in an accident with insufficient insurance payments to cover the damages may recover the difference from the guilty — such a clarification issued on Friday the constitutional court (CC) of Russia. Established jurisprudence, when the size is determined only in accordance with the Unified procedure, the constitutional court has considered limiting the rights of the victim on compensation of the harm and violate the right of ownership.
The constitutional court considered it possible to compensate for the difference between amount of indemnity and damages from the culprit.
This decision was made on Friday following the complaints of residents of the Krasnodar territory, the owners Andrew Marinoshenko, Galina Beresneva, Valeriy Reutov and Oleg Sereda. After the accident they received from insurance companies payment for repairs of vehicles with regard to wear and tried in court further to charge the perpetrators of the accidents of the amount constituting the difference between the damage.
According to the explanations of the Supreme court in the review of jurisprudence in 2015, the victim may demand that the perpetrator of a traffic accident the amount of damage calculated by a Uniform methodology for determining the amount of expenditure on refurbishment, i.e. taking into account wear of replaceable parts. The applicants drew attention to the uncertainty of the applicable rules, which they could not recover from causing damage to the amount of damages, excluding wear parts.
Useful informatico to do in case of accident
The constitutional court noted that the law on compulsory insurance of civil liability (OSAGO) vehicle owners is additional protection for the victim. “This law does not preclude extending the General rules of the Civil code about the obligations of the injury to the relationship between the victim and the tortfeasor, — stated in the decision of the court.— Therefore, in case of insufficiency of insurance payment to cover the damage, the victim is entitled to fill the resulting difference at the expense of the guilty person, by the presentation to him of the relevant requirements.”
The document notes that the decision of the Plenum of the Supreme court of the Russian Federation from June 23, 2015 No. 25, “courts of this clarification was to include the actual damage the cost of restoration of the car, if it needed new materials”:
“Subsequently, however, the litigation has gone the other way, and the size of payment of damages by the insurer or tortfeasor was determined only in accordance with the Uniform methodology. The result of the contested norm came to be regarded as not involving damages in full amount of a tortfeasor”.
This interpretation, note to the constitutional court, “does not account for different purpose measures of protection of the rights of the victim” and leads to a “disproportionate restriction of the right to reparation, the violation of the constitutional guarantees of the right of ownership and the right to judicial protection”. “The law on insurance based on a single technique does not prevent the inclusion in the framework of civil-legal dispute of the civil code of the full cost of repair and spare parts in the composition of the recoverable losses of the victim from the accident”, — stated in the court decision, which States that “enforcement decisions in cases of applicants subject to review.”
Valeria Mishina