Penalty amount of insurance compensation

Category: Lawyers
Type of service: Request
Author: Dyadischev Alexander , attorney at  "Scheglov and Partners"

In some cases, insurance companies delay payments or understate the size of payments for CASCO or MTPL insurance. There are situations when insurance companies do not comply with the terms of payment of insurance compensation or are denied payment. Failure may be purely formal attribute and this failure may be considered lawful.

Increase the amount of recovery

Often turn us in Bureau the principal who believe payout unreasonably low. In such cases, the Bureau’s lawyers carefully prepared legal documents and evidentiary basis to challenge the assessment of the insurance company. For this purpose Law Bureau "Scheglov and Partners" assists the clients in the assessment of a specialized organization recommended by the Judicial Department of the Supreme Court of the Russian Federation.

Charge the interest for late payment of compensation

It should be noted that the insurance compensation is a monetary obligation for late fulfillment is the responsibility defined by Art. 395 of the Civil Code of the Russian Federation.
In accordance with Art. 395 of the Civil Code for the use of borrowed money because of their illegal retention, avoidance of its return, a delay in its payment or unjustified receipt or saving the expense of another person shall be subject to the payment of interest on the amount of these funds.

Oblige to compensate for non-pecuniary damage

The general provisions of the Law on Consumer Protection administer to the relations arising from the contract of property insurance. And it pleases, because the law gives the consumer a number of preferences in protection of violated rights in the court .

Firstly, with the choice of jurisdiction make easier the position.
Secondly, by the terms of article 15 of the Law of the Russian Federation on February 7, 1992 N 2300-1 “On Protection of Consumer Rights" moral damage caused to the consumer due to violation of the manufacturer (performer, seller, the authorized organization or the authorized individual businessman, the importer) consumer rights under the laws and regulations of the Russian Federation regulating relations in the field of consumer protection, subject to compensation caused the harm in the presence of his guilt. The amount of compensation for moral damage is determined by the court and is not dependent of the amount of property damages.

Require recovery from the insurance company the fine amount

If consumer demand was not met on a voluntary basis, with the insurance company in favor of the plaintiff liable to a penalty in the amount of fifty percent of the amount awarded by the court in favor of the consumer.

For legal advice or for the insurance compensation from unscrupulous insurance companies –please contact with the senior managing partner of Bureau “Scheglov and Partners”  Yury  Scheglov on phone +7 (495) 748-00-32 or by email >>
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