The company "T-Insurance" has filed a complaint with the Constitutional Court of the Russian Federation, challenging the provisions of the law on compulsory motor insurance, which allow for the recovery of an amount exceeding the limit of 400 thousand rubles from the insurer.
As indicated on the court's website, the applicant believes that clauses 15.1, 15.2, and 16.1 of Article 12 and clause "b" of Article 7 of the law "On Compulsory Motor Insurance" together with Article 15 of the Civil Code violate the company's constitutional rights. Previously, the court recovered losses exceeding the limit from "T-Insurance" because the insurer replaced the car repair with a monetary payment. The appeal and cassation supported the decision, and the Supreme Court of the Russian Federation did not accept the complaint.
The courts proceeded from the mandatory application of the unified methodology of the Central Bank during repairs. According to the insurer, the methodology does not take into account the shortage of spare parts and rising prices, and the requirement for mandatory repairs puts the company in knowingly impossible conditions.
"T-Insurance" asks to recognize the norms as unconstitutional or to give them a constitutional and legal interpretation.
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