KS allowed car owners to recover complete compensation from the culprits of the accident

The Constitutional Court (Constitutional Court) of the Russian Federation on Friday published its clarification of the norms of the Civil Code, on the basis of which the issue of the amount of insurance payments for the repair of the damaged car damaged in the accident is decided. As the KS noted, with insufficiency
insurance payments for damage to the victim have the right to count on
Compensation of the difference in the amounts of payments from the perpetrator through the court.

The reason for the consideration of the case was the complaints of four car owners from the Krasnodar Territory. All of them got into an accident, received from insurance companies to pay their cars, taking into account the wear of the parts, and then tried in court to additionally recover the amounts from the perpetrators of accidents, which are the difference between the damage calculated taking into account wear and excluding wear of details. The Krasnodar Regional Court left their claims.

The applicants turned to the Constitutional Court, pointing out the uncertainty of a number of Civil Code standards, as a result of which they cannot recover the amount of damage from the causer of damage without taking into account the wear of the parts and, thus, restore their violated rights in full.

The Constitutional Court in the decision indicates that in the decision of the Plenum of the Supreme Court of the Russian Federation of June 23, 2015 N25, the courts were given clarifications to include the cost of restoring the car in the composition of real damage if new materials were needed for this. "However, subsequently the judicial practice has taken a different path, and the amount of payment of damage to the insurer or the causer of harm began to be determined only in accordance with a single methodology," the KS states.

According to the highest authority, this led to a disproportionate restriction of the right of the victim in an accident to compensate for harm, violation of constitutional guarantees of property rights and the right to judicial protection.

"The Law on OSAGO and the unified technique based on it do not prevent the inclusion of the full cost of repairs and spare parts in the civil law dispute in the civil dispute in the Civil Code of the Russian Federation in the composition of the losses of the victim from the accident," concludes the KS.

At the same time, the legal regulator notes that the courts, when considering the case, can reduce the amount of damage if new parts, components and assemblies were used during the repair, which have constant normal wear and are subject to regular replacement, as well as if the culprit of the DTP shifts a more reasonable way to correct property damage.

In general, as the Constitutional Court summarizes, the norms that were disputed by applicants do not contradict the Constitution of the Russian Federation, taking into account this interpretation. However, law enforcement decisions on their cases are subject to revision.