New rights of the plaintiff in the fight against insurance .
In fact, if we consider this decision from the point of view of the law on consumer protection , the text of the regulations that now insurers - individuals can :1. Submit claims to insurers in the court, in its place of residence , not the place of registration of the insurance company .2 . Do not pay stamp duty .3 . Require the insurer to non-pecuniary damage . 4 . In the kinds of insurance for which the amount of penalty for delay is not defined by a special law ( for example, in voluntary insurance - particularly in hull ) , to demand payment of liquidated damages in the amount of 3 % of the payment for each day of delay.
50 % penalty for insurance and other pleasant Innovation
New rules of jurisdiction for insurance disputes . Now the plaintiff can choose to Petrozavodsk - give him a claim to the registered insurer or its branch or at their own place of residence. Moreover, in paragraph 27 resolutions stating that the rule on jurisdiction of the insurance contract in this case will not work. Respectively , and include it in the rules or insurance contract is meaningless.
Stamp duty when addressing the court . From its payment plaintiffs motorists will now be released. Thus , a resident of Karelia and Petrozavodsk in any dispute with the insurance without incurring any financial costs may go to court. It will certainly be one of the important methods of influence on unfair insurer .
Penalty of the law on protection of consumer rights. Now the rules on penalty of 50 % of the collected amount will be distributed by the court and strahovschikov.Istets ( motorist of our city with a lawsuit by CTP , for example) may require court foreclosure through Petrozavodsk with the insurance company - 50 percent of the amount underpaid him indemnity.
Non-pecuniary damage . Another innovation in the field of forensic insurance - empowering insurers and victims CTP right to recover compensation for moral damages . Pecuniary damage , based on Art. 151 of the Civil Code of the Russian Federation is determined arbitrarily by the plaintiff , the amount was not required by law , it can be a ruble and a million rubles, the court has already exacts based on the specific situation.
Informing the public about the conditions of services . Supreme Court ruling may concern insurance companies and in articles 9-12 of the Law on Consumer Protection (informing citizens about the conditions of services) .Accept this judgment, the Supreme Court took the position is fundamentally different from the previous one , because since 2008 , when the Supreme Court issued another review of the legislation and judicial practice , the law on consumer protection is not widely applied to disputes on the legal relations in property insurance , now the situation changed.One would think that now the recoverability of the 50% penalty is in favor of the consumer , and not the state budget, will actively encourage car owners to protect their rights .Well and that the action ruling applies to insurance contracts concluded in favor of a third party. Previously, courts had such contracts law on the protection of consumers' rights have not spread .It is a question that involves the beneficiary of the contract CTP unidentified third person who has suffered damage .Lastly , it should be noted that the jurisprudence of the courts of Petrozavodsk Accident insurance disputes consists in general - in view of the provisions that we have indicated in our article. .
In fact, if we consider this decision from the point of view of the law on consumer protection , the text of the regulations that now insurers - individuals can :1. Submit claims to insurers in the court, in its place of residence , not the place of registration of the insurance company .2 . Do not pay stamp duty .3 . Require the insurer to non-pecuniary damage . 4 . In the kinds of insurance for which the amount of penalty for delay is not defined by a special law ( for example, in voluntary insurance - particularly in hull ) , to demand payment of liquidated damages in the amount of 3 % of the payment for each day of delay.
50 % penalty for insurance and other pleasant Innovation
New rules of jurisdiction for insurance disputes . Now the plaintiff can choose to Petrozavodsk - give him a claim to the registered insurer or its branch or at their own place of residence. Moreover, in paragraph 27 resolutions stating that the rule on jurisdiction of the insurance contract in this case will not work. Respectively , and include it in the rules or insurance contract is meaningless.
Stamp duty when addressing the court . From its payment plaintiffs motorists will now be released. Thus , a resident of Karelia and Petrozavodsk in any dispute with the insurance without incurring any financial costs may go to court. It will certainly be one of the important methods of influence on unfair insurer .
Penalty of the law on protection of consumer rights. Now the rules on penalty of 50 % of the collected amount will be distributed by the court and strahovschikov.Istets ( motorist of our city with a lawsuit by CTP , for example) may require court foreclosure through Petrozavodsk with the insurance company - 50 percent of the amount underpaid him indemnity.
Non-pecuniary damage . Another innovation in the field of forensic insurance - empowering insurers and victims CTP right to recover compensation for moral damages . Pecuniary damage , based on Art. 151 of the Civil Code of the Russian Federation is determined arbitrarily by the plaintiff , the amount was not required by law , it can be a ruble and a million rubles, the court has already exacts based on the specific situation.
Informing the public about the conditions of services . Supreme Court ruling may concern insurance companies and in articles 9-12 of the Law on Consumer Protection (informing citizens about the conditions of services) .Accept this judgment, the Supreme Court took the position is fundamentally different from the previous one , because since 2008 , when the Supreme Court issued another review of the legislation and judicial practice , the law on consumer protection is not widely applied to disputes on the legal relations in property insurance , now the situation changed.One would think that now the recoverability of the 50% penalty is in favor of the consumer , and not the state budget, will actively encourage car owners to protect their rights .Well and that the action ruling applies to insurance contracts concluded in favor of a third party. Previously, courts had such contracts law on the protection of consumers' rights have not spread .It is a question that involves the beneficiary of the contract CTP unidentified third person who has suffered damage .Lastly , it should be noted that the jurisprudence of the courts of Petrozavodsk Accident insurance disputes consists in general - in view of the provisions that we have indicated in our article. .
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