You can ask the court for more expensive parts from insurers
- July 8, 2022
- 0
In order not to lose a cent when repairing their car after an accident, drivers can be helped by a new decision of the Supreme Court of the
In order not to lose a cent when repairing their car after an accident, drivers can be helped by a new decision of the Supreme Court of the Russian Federation, which, at first glance, has nothing to do with the car life of the country. We are talking about the indexation of the allocated funds. Moreover, it is possible to achieve this even if the defendant has already executed the judgment. For example, after the “confrontation” with insurance companies.
The AvtoVzglyad portal drew attention to an unusual case recently dealt with by the highest judicial authority and asked lawyer Ilya Afanasyev how this precedent can be applied in practice by car owners. So, our colleagues from the source pravo.ru published the details of a lawsuit that has been dragging since 2018 between the Torgservice and Unipol companies to recover 12.8 million rubles. debt under a storage agreement. The defendant paid the required amounts only in February 2021, that is, more than two years after the court’s decision, after which the plaintiff turned to the Moscow Arbitration Court with the request to raise the issue of the indexation of the funds allocated to him. to consider.
The ensuing series of failures brought the meticulous entrepreneur to the BC. While he maintained that the courts of first instance did not examine the legal nature of the indexation of the sums of money allocated to him, despite the fact that, according to the entrepreneur, this is not a penalty for the debtor for late implementation of the court decision, but a simplified procedure for compensating for financial losses.
After a while and a huge amount of nerves from the plaintiff, Irina Podnosova, vice president of the Supreme Court and president of the Judicial Collegium for Economic Disputes, became interested in the story.
The case was considered by the Economic Collegium, which eventually overturned the decisions of the lower courts and sent the dispute to the Moscow Arbitration Court for reconsideration. It seems, how is this story related to motorists? On the one hand, not at all. On the other hand, it can be useful in disputes with insurance companies, lawyer Ilya Afanasyev believes.
– Given the constant increase in the prices of spare parts and the changes in their costs, the question of obtaining an up-to-date compensation for damage on the date when insurance companies decide to repair your car or the perpetrator of the accident decides to compensate the damage you have suffered is now acutely relevant. An important condition here is that the car is only repaired at the end of the legal proceedings. In this case, the car owner has every chance to index the repair amount of the “iron horse” and not pay extra out of pocket, as unfortunately this often happens today …
Photo avtovzglyad.ru
The AvtoVzglyad portal drew attention to an unusual case recently dealt with by the highest judicial authority and asked lawyer Ilya Afanasyev how this precedent can be applied in practice by car owners. So, our colleagues from the source pravo.ru published the details of a lawsuit that has been dragging since 2018 between the Torgservice and Unipol companies to recover 12.8 million rubles. debt under a storage agreement. The defendant paid the required amounts only in February 2021, that is, more than two years after the court’s decision, after which the plaintiff turned to the Moscow Arbitration Court with the request to raise the issue of the indexation of the funds allocated to him. to consider.
The ensuing series of failures brought the meticulous entrepreneur to the BC. While he maintained that the courts of first instance did not examine the legal nature of the indexation of the sums of money allocated to him, despite the fact that, according to the entrepreneur, this is not a penalty for the debtor for late implementation of the court decision, but a simplified procedure for compensating for financial losses.
After a while and a huge amount of nerves from the plaintiff, Irina Podnosova, vice president of the Supreme Court and president of the Judicial Collegium for Economic Disputes, became interested in the story.
The case was considered by the Economic Collegium, which eventually overturned the decisions of the lower courts and sent the dispute to the Moscow Arbitration Court for reconsideration. It seems, how is this story related to motorists? On the one hand, not at all. On the other hand, it can be useful in disputes with insurance companies, lawyer Ilya Afanasyev believes.
– Given the constant increase in the prices of spare parts and the changes in their costs, the question of obtaining an up-to-date compensation for damage on the date when insurance companies decide to repair your car or the perpetrator of the accident decides to compensate the damage you have suffered is now acutely relevant. An important condition here is that the car is only repaired at the end of the legal proceedings. In this case, the car owner has every chance to index the repair amount of the “iron horse” and not pay extra out of pocket, as unfortunately this often happens today …
Source: Avto Vzglyad
I’m Sandra Torres, a passionate journalist and content creator. My specialty lies in covering the latest gadgets, trends and tech news for Div Bracket. With over 5 years of experience as a professional writer, I have built up an impressive portfolio of published works that showcase my expertise in this field.
