Anything can happen on the road, and anything can happen. In this article we will analyze situations, what to do if a stone hits the windshield and everything connected with it. There may be many situations and conditions on this topic, for example the presence or absence of a CASCO insurance policy.

If you hit your windshield with a stone while driving:

In this situation, you need to remain calm and the first thing to do is to stop on the side of the road, turn on the hazard warning lights, put up a warning triangle, inform the traffic police about the incident and, preferably, also inform the insurance company. No matter how funny it may sound, it must be done, since this incident is a Traffic Accident. And in the event of an accident, the driver is obliged to do the above, if, of course, you want to repair your car under CASCO. However, in some insurance companies, windshields are replaced without certificates (with “full CASCO” insurance), with the condition that only the windshield is damaged.

The arriving traffic police officers will document the accident and give you the following documents:

• certificate in form 154;
• protocol;
• ruling on determination.

After which you will need to come with a set of documents to the insurance company and write a statement about the insured event.

If you only have a compulsory motor liability insurance policy, then the insurance company is unlikely to help you, since the culprit most likely disappeared (or simply simply did not understand that he damaged your car) and you have no evidence of anyone’s guilt.

If you discover damage to your car after a while:

Let's imagine a situation - you washed your car and found chips or scratches, the origin of which is unknown to you. In this situation, you need to call the police, since the traffic police officers will no longer help you (and may even deprive you of your driver’s license citing the fact that that you fled the scene of an accident!). Arriving on call, police officers represented by a local police officer will inspect your car, take from you: a statement, an explanation (where, when, and under what circumstances you discovered the damage to the car).

Documents that are required for the insurance company in this case:

• Notification coupon - you need to receive it on the day of filing the application with the police, even if it happened at night (otherwise, if you apply for a coupon the next day, they will not give you one, since coupons are issued day after day);
• Certificate in form F-3;
• Resolution to initiate or refuse to initiate a criminal case.

As a result, after which you will need to come with a set of documents to the insurance company and write a statement about the insured event.

We wish you good luck on the roads!

Anything can happen on the road. If a stone flies towards you from under the wheels of someone else's car, you can not only lose your glass, but also get into a serious accident. Who will be to blame? And who will pay for the damage?

A driver who finds himself in such a situation needs to remain calm and stop as soon as possible, but not in the middle of the road, but still on the side of the road. After this, you need to turn on the hazard warning lights, put up an emergency stop sign and report the incident to the traffic police. It is also advisable to inform your insurance company as soon as possible, but it is still better to wait for the arrival of an inspector who will help you file an accident.

Yes, yes, no need to be surprised: a stone hitting a car is clearly interpreted as a traffic accident - read the definition in the Road Traffic Rules. Thus, the driver is obliged to complete all the necessary documents to repair his car under comprehensive insurance. Well, if he only has compulsory motor liability insurance on his hands, then he will have to take into account all the circumstances of the incident. Moreover, the court sometimes comes to paradoxical, at first glance, conclusions that in fact there was no accident.

Dubious precedent

Recently, reports have appeared that it is impossible to receive payment under the “automobile citizenship” in such cases. The basis for such conclusions was the decision of the Supreme Court of Russia, which returned the license to the driver of a truck, from under whose wheels a stone flew out and damaged the windshield of the car following behind. According to traffic police officers, such an incident obliged the driver to stop and register an accident. He left. Therefore, he was charged with leaving the scene of a traffic accident.

As stated in the case materials, on June 29 last year in the village of Dukhovets, Kursk region, a car traveling in the same direction was damaged by a stone. The windshield cracked from the impact.

The traffic police officers at the checkpoint gave the driver A.A. Shinakov. certificate of accident. At the same time, they charged the driver I.V. Savchuk, who was driving a car owned by Metallinvestleasing CJSC, with violating clause 2.5 of the traffic rules - leaving the scene of an accident. A protocol was drawn up under Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation and sent him to court.

The magistrate agreed that there had been an accident. And he concluded: since the truck driver left the scene of the accident, he should be deprived of his license for a year. The district and regional courts did not review the decision, but the Supreme Court of Russia qualified the case differently. And why?

Circumstances beyond the driver's control

The highest court indicated that, in accordance with Art. 2 of the Law of December 10, 1995 No. 196-FZ “On Road Safety” and clause 1.2 of the Traffic Regulations “a road traffic accident is an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo or other material damage was caused.”

The event that occurred, the Supreme Court decided, does not meet the criteria of a traffic accident in the sense given to this concept in Article 2 of the Law on Road Safety and in paragraph 1.2 of the Traffic Regulations, and is not such, since the event occurred due to circumstances beyond the control of the driver, without any action on his part.

He did not have the opportunity to foresee this event, as well as the onset of consequences in the form of damage to the windshield from the next car in the same direction. Therefore, the conclusion of the lower courts about the presence in the driver’s actions of an objective aspect of an administrative offense under Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation cannot be considered justified.

On this basis, the Supreme Court of the Russian Federation overturned the decisions of the lower courts and terminated the proceedings in the case. (See Resolution of the Supreme Court of the Russian Federation dated March 11, 2016 No. 39-AD16-1).

An accident for one

Thus, the position of the Supreme Court can be interpreted as follows: a citizen cannot be blamed for an unfortunate set of circumstances, since he did not commit any illegal actions. It turns out that a stone flying into the windshield of a car is an accident only for the one who was injured.

This legal position is important in determining the consequences of any accident. And every driver should take it into account when deciding whether he is obliged to stop or not.

According to the Supreme Court, the accident is in a direct cause-and-effect relationship with the actions of the driver. In the case at hand, it cannot be said that if the truck driver had been more careful, nothing would have happened.

An ill-fated stone that ended up on the road could have fallen under the wheels of any car. And if a particular driver was not at fault, then there is nothing to punish him for.

Prove the violation

However, do not rush to get upset. If you find yourself in a similar situation, the judge is not required to follow the Supreme Court decision in the case described above - we are not in the United States, and case law does not apply. You or your lawyer may be able to prove that the car that threw the stone was overtaking you on the side of the road, which is unacceptable, or on a section of the road that was being repaired, where it should have slowed down. It is possible that aggressive driving will be proven if this is confirmed by witnesses or dashcam footage. Then it will be possible to talk about a completely different qualification of the actions of the driver who ran over a stone. Even if he did it unintentionally.

Let us remember that the same Supreme Court recently revoked the rights of a reckless driver whose dangerous maneuver led to an accident, as a result of which another car crashed into a tree. The reckless driver drove away safely, as his car was not damaged, but the court considered that the absence of damage to the car does not affect the qualification of the violation. Therefore, the driver was punished for.

However, today the law allows you to leave the scene of an accident if, as a result of the incident, damage was caused only to property and the participants in the accident have no disagreement about who is to blame for causing the harm. However, even in this case, both drivers must first record the position of the cars, including by means of photography or video recording (Section 2.6.1 of the Traffic Regulations), and then are required to draw up documents at the nearest traffic police post or police department.

How to get insurance

So, if the windshield is broken by a stone, and you only have an MTPL policy, then the insurance company in most cases will not help you, since the culprit most likely disappeared (or simply did not understand that he damaged your car), and besides, no no evidence of his guilt. But if another object gets into the glass, for example, a shovel left on the road by repairmen, then a civil claim can be brought against them. If the accident occurred as a result of a traffic violation committed by another driver, then he will have to compensate for the damage.

If you have voluntary insurance (hull insurance), then you are required to replace the glass at the expense of the insurance company. The arriving traffic police officers will document the accident and give you the following documents: a certificate, a copy of the protocol and a resolution on the case. After which you will need to come with a set of documents to the insurance company and write a statement about the insured event. The application must be accompanied by a notification coupon - you will be given it on the day of filing the application by the police (even if it happened at night), a certificate in form F3 and a decision to initiate or refuse to initiate a criminal case.

Some insurance companies replace windshields without certificates (with “full comprehensive insurance”). Sometimes the insurance contract stipulates that you can apply without certificates in case of damage to glass elements, one body element, or bumpers, if the damage does not exceed the amount specified in the insurance contract. Moreover, glass elements can be replaced repeatedly. In such cases, the list of documents provided must be specified in the insurance contract and rules. Usually this is a passport, insurance policy, STS and driver's license.

Insurance provides for a mandatory clause on the replacement of glass elements. These include:

• windshield, rear and side windows;
• headlights and side lights;
• turn signals and mirrors.

Any insurance company provides compensation for damage to the above items according to a simplified scheme, without providing certificates from the traffic police or independent expert services (we have already talked about the rules and deadlines for applying for CASCO without certificates).

But at the same time, most companies insure against payments to overly zealous reckless drivers, limiting the possibility of applying for this type of compensation to 1-2 per year, which is also stated in the contract.

On the contrary, in the contracts of some companies possibility is provided client claim for damage to glass elements auto unlimited number of times. Usually, this "option" by an order of magnitude increases the total cost of insurance(you can find out how the cost of CASCO insurance is calculated in the insurance company).

The nature of the damage and its impact on the assessment of the insured event

A company's insurance obligations for a given event vary. Depending on the type of damage can be implemented either repair the glass element or replace it.

• If glass broke or started to crack, the client has the right to demand from the insurer his full replacements;
• If on glass there are chips, the type of insurance compensation determines their size. Often if there are chips more than 0.5 cm performed replacement glass However, if at service stations that provide car insurance coverage, Professional straightening of chips is possible, the client may be offered repair instead of replacement;
• If glass item is scratched, then in most cases to replace such glass there's no point in counting, especially if the scratches do not affect visibility. Modern repair technologies used at service stations allow you to completely restore the appearance of auto glass and its functionality. But if the size and location of the scratch obscures the driver’s view, the issue of “repair or replacement” is resolved with the insurer on an individual basis;
• Scuff marks from windshield wipers are to the signs normal wear and tear insurance object and cannot be recognized as an insured event under CASCO. So the owner will have to fix the scuffs at his own expense.

Features of windshield insurance repair

According to statistics, most cars with glass elements are connected to the windshield. Car owners, planners should be aware of a number of nuances:

Eg, if a stone hits the windshield flying off the wheels of a car speeding ahead, or onto a car parked near a building a brick fell from the roof this will be considered an unconditional insured event.

And here if the crack or chip occurred for another reason, For example, due to temperature change, claims to the insurer in this case unfounded. Experts have their own techniques to determine the cause of damage to your windshield. One of these is presence of microchips at the base of the crack;

If the windshield was damaged during a long trip and the nature of the damage makes further driving on the road dangerous, urgent repairs should be requested from the insurer(read about the timing of car repairs under CASCO). All questions with company representatives agreed upon over the phone, without an expert coming to the scene of the incident. Reputable insurance companies in such cases do not require evidence of an accident;

If Not a new car with visible windshield defects is insured, the presence of which under the contract provides for its repair or replacement, the client is asked to sign a pre-insurance inspection report. In this act all defects present at the time of conclusion of the contract are recorded, and subsequently the action does not apply to them.

IMPORTANT Necessarily pay attention to the presence of the option “without certificates”! If there is such a clause in the contract, this means that to repair or replace the windshield no need to provide certificates from the police or traffic police(we have already written in detail about receiving compensation under CASCO without certificates).

And here if there is no such item, then even in obvious insured events (for example,) you will have to go to the nearest traffic police post for documentary evidence.

Windshield replacement mechanism under CASCO

So, you discovered chip on the windshield, what should I do under CASCO? Action plan in this case it is simple:

1. Contact the insurance company to call an expert. Be prepared to inform a company representative policy number to verify its authenticity and status;
2. Wait for the expert to arrive recording an insured event. The expert will also assess the nature and extent of the damage and, depending on the results, issue a ticket to a service station for replacement or repair. It is worth noting that liquidation of damage in insured events is carried out only at service stations that cooperate with the company where the policy was purchased;
3. Contact the experts ONE HUNDRED for windshield replacement.

IMPORTANT Many car owners, faced with the need for insurance replacement for the first time, are concerned with the pressing question: Do you have to pay anything extra to the craftsmen?? Windshield replacement under CASCO provides compensation by the insurer for the cost of installing new glass, so work to dismantle the damaged.

If the glass was equipped with various sensors (light, rain, etc.), then they should also be installed in the kit. Also CASCO policy covers the cost of not only a new windshield, but also small parts,necessary to replace it. Hence, the car owner is not required to pay anything extra out of your own pocket and feel free to call the insurer if the craftsmen insist on additional costs.

Another point that worries clients of insurance companies is the quality of the windshield installed during CASCO replacement. When signing the contract, this point is discussed separately. Either original glass can be installed to replace the damaged one., or manufactured under license from the original brand. Install glass from third-party manufacturers under a CASCO policy at the service station They have no right to.

Concerning tinting, That this option under most contracts belongs to the category of additional services And is not considered an insured event. If the insurance company refuses to fulfill the obligations specified in the contract, the client has the right go to court(we told you what to do if the insurance company refuses to pay under the contract).

Useful video

Replacing a windshield under CASCO in the video below:

In what cases will payments be made under the CASCO policy, see below:

Many vehicle owners prefer to conclude a CASCO insurance contract along with the purchase, which is mandatory.

This is primarily due to the fact that compulsory motor liability insurance makes it possible to receive compensation only in cases where the driver was not the culprit of the accident. And CASCO, in fact, covers any type of damage, including theft of a vehicle.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

In practice, there are very often cases when it becomes necessary to replace the windshield of a vehicle. How to replace glass under CASCO, and what is the procedure for contacting the insurance company?

Types of damage

In order to correctly understand the procedure for replacing a windshield, you must first find out what types of damage there are and in what cases a complete replacement is carried out.

Today, experts distinguish the following types of damage to a vehicle windshield:

• fight - in this case the glass breaks due to some action (for example, a blow);
• crack - such damage can occur either due to any external actions (for example, an impact), or due to a strong temperature change (for example, washing glass with warm water at sub-zero air temperatures);
• chips - experts distinguish 2 types of chips - small and large;
• attrition;
• scratch.

But not all damages are grounds for compensation. For example, almost all insurance companies consider damage to be grounds for complete glass replacement.

But not all cracks are included in the list of insurance cases. In general, compensation is paid in cases where the crack occurred due to external influences.

And if the cause of the crack is temperature changes, then many insurance companies require a special examination and only after that make a decision on the possibility of paying insurance compensation.

A large chip (diameter greater than 3 mm) is the basis for replacing the car windshield. And smaller ones are considered only minor damage and are not included in the list of insured events.

The same can be said about scratches. Small scratches are not grounds for receiving compensation, but larger ones that interfere with the driver’s vision are covered by insurance claims.

Windshield abrasion is not an insured event, as it occurs mainly due to natural wear and tear.

How are they stated in the contract?

To get an answer to this question, you must first familiarize yourself with the terms of the CASCO insurance contract, which stipulates all insured events.

After all, all insurance companies offer their clients different CASCO insurance conditions, and there may be cases when replacement of damaged glass is not included in the list of insured events.

As a rule, the replacement of a windshield is specified in the contract, as is the replacement or repair of glass elements of a vehicle.

Such elements include not only the windshield, but also other vehicle windows, headlights, mirrors, etc.

In practice, the following situations may arise:

• a limited number of replacements of the vehicle windshield may be provided - in practice, many insurance companies provide for the replacement of glass elements only 2-3 times, and in case of subsequent damage, repairs are carried out at the expense of the vehicle owner;
• The car is only insured against theft - in this case the glass is not replaced;
• The insurance contract may provide for a more simplified scheme for paying insurance compensation; in this case, there is no need to involve traffic police officers.

But before you write a statement and demand payment of the amount of insurance compensation or replacement of the windshield of the vehicle, you must first read all the conditions and make sure that this damage to the vehicle glass is an insured event.

Rules

If the owner of a vehicle discovers that the glass of his car has been damaged, then he must first familiarize himself with the rules for obtaining compensation that are established by a particular insurance company.

Compliance with these rules is mandatory, and failure to comply may become grounds for refusal to pay insurance compensation.

In particular, basically all insurance companies require calling a traffic police inspector, who will confirm the fact of the occurrence of an insured event.

But some insurance companies replace damaged glass in a simplified manner: in this case, calling a traffic police inspector is not required.

The next stage is submitting the appropriate application and necessary papers to the insurance company.

It is necessary to remember that the application and all necessary documents must be submitted within the time limits specified in the CASCO insurance contract.

As for the required package of documents, their list may differ depending on the insurance company: each independently establishes a certain list of papers.

That is why, before submitting an application, you should clarify the list of required documents directly with the insurance company.

But, as a rule, in such cases it is necessary to present:

• driver's license;
• copies of the CASCO policy;
• passports;
• documents for the vehicle, including a certificate of ownership.

In addition, in some cases it may be necessary to present a certificate from the traffic police (replacement of glass under CASCO without a certificate is carried out if a simplified procedure for considering the application has been established) and a corresponding expert opinion.

If certain damage was caused to the car by a third party, then it is necessary to present the decision of the authorized body to initiate a criminal case or to refuse to initiate it if there are no signs of a crime.

After submitting the application and all necessary documents, the insurance company reviews it.

At the same time, you need to know that in most cases, insurers send their employees to assess the damage caused.

And the owner of the vehicle must ensure that it is inspected by the appropriate employee. That is why it is prohibited to repair or replace glass before inspection and a decision on whether to provide compensation. Otherwise, the applicant may be refused.

Replacement procedure

The procedure for replacing glass may also be provided for in the insurance contract. But, as a rule, insurers offer their clients 2 options for receiving appropriate compensation.

In the first case, the applicant is paid a certain amount of money, after which the insurer’s obligations to pay insurance compensation are considered fulfilled.

In this case, the search for a car repair shop and repair of the vehicle is carried out directly by its owner.

And in the second case, the vehicle is being repaired. Of course, mostly insurers have concluded cooperation agreements with specific workshops and offer their clients to carry out repair work there, but many vehicle owners prefer this option.

This is primarily due to the fact that the insurer’s obligations are considered properly fulfilled only after the client signs an act of acceptance and transfer of the results of repair work.

If the client is dissatisfied with the results of the work, the workshop must eliminate all mistakes made.

Of course, every vehicle owner has every right to choose any option that is most convenient for them to receive compensation and restore the vehicle.

But at the same time, it is necessary to take into account the fact that if the owner decides to receive monetary compensation, then, under the terms of the insurance contract, he must ensure proper repair of the vehicle.

In the future, the insurance company can check the fact that repair work has been carried out, and if they are not carried out, if the insured event occurs again, the owner of the vehicle may be denied compensation.

What kind of glass is installed under CASCO?

Many vehicle owners are concerned about the question of how exactly the replacement is made, and what kind of glass is installed? To get an answer to your question, you must also study the terms of the insurance contract.

If it does not say anything about installing analogues, then in this case the insurance company is obliged to ensure the installation of original glass purchased from the manufacturer. This is a mandatory requirement.

As a rule, almost all insurance companies do this. At the same time, it is also necessary to remember that the insurer is obliged to ensure not only the installation of the original factory glass, but also to restore all the elements that were provided by the manufacturers for this make and model of the car (for example, factory tinted glass, etc.).

If this has not been done, the owner of the vehicle may write a statement and demand full implementation of the insurer's contractual obligations.

Replacement under a policy with a deductible

Many people are interested in the question of whether it is possible to replace damaged vehicle glass.

In fact, the scheme is quite simple: if the deductible amount is much higher than the cost of glass replacement, then contacting the insurance company does not matter.

For example, if the CASCO insurance contract establishes a deductible in the amount 20,000 rubles, and the full package of services for replacing damaged glass is only 14,000 rubles, then the insurance company will refuse to pay insurance compensation.

It is necessary to pay special attention to this fact and carefully read the terms of the insurance contract before submitting the corresponding application.

If the cost of repair work exceeds the amount of the franchise established in the contract, then the owner of the vehicle can safely write a corresponding application to receive compensation.

From the above we can conclude that the voluntary CASCO insurance agreement allows vehicle owners to replace damaged car glass.

If your windshield is cracked. We'll tell you everything in detail.

Insurance against damage resulting from damage to the windshield is one of the main reasons for obtaining CASCO insurance. This is one of the most commonly used insurance risks. For now - a very real thing.

Windshield replacement under comprehensive insurance:

The main thing is to know a few nuances that will need to be taken into account in case of damage received.

Types of damage

In order to understand whether it makes sense to contact the insurance company, or whether you will need to solve the problem yourself, you need to know what types of windshield damage can occur while driving. And, accordingly, which of them are paid by the insurer according to the conditions.

• If the windshield is completely broken or has cracks, then the part will need to be replaced. But it is necessary to understand that the damage must be mechanical. Only in this case can you receive compensation for damage.

  It often happens that a crack occurs in winter due to temperature changes. For example, at a car wash. When inspecting damage, the insurance company's expert looks for chips and cracks. In case of mechanical damage, these chips will appear.

• Chips. They come in different depths. If this parameter exceeds 5 mm, for example, if a stone is hit, then the insurer provides repairs in the form of replacement of the part at a service station at its own expense. Or it pays compensation, at the expense of which the car owner independently applies for repairs.

  If the chip depth is less than 5 mm, then the owner can have the glass straightened to restore it. However, some workshops offer straightening of glass with deeper chips.

• Scratches. If there are scratches, you should not count on replacing the glass. The only exception is when the location of the scratches completely interferes with the view.

  Then it is decided on an individual basis what will be provided to the client - glass straightening or its complete replacement.

• There are abrasions on the glass, which are most often formed due to the work of “janitors”. They are part of the vehicle's normal wear and tear. As a result, you won’t have to rely on CASCO.

How are such insured events specified in the policy?

Most often, insurers limit clients to two claims for compensation per year.

Reference! The policyholder will need to pay for the remaining damage to the vehicle themselves.

In cases where it is purchased, the number of requests is not limited, but the cost of such CASCO insurance will be significantly higher. You can find out more about calculating the cost of CASCO.

Terms of compensation for damage received

We list the main requirements for damage in which the insurance company will agree to compensate the policyholder for damage received:

1. Damage to the glass must be caused by mechanical force. A sharp temperature change does not lead to an insured event. Experts are sufficiently qualified to recognize the cause of damage.
2. The driver could insure a car that already had a defect on the windshield. In this case, during the pre-insurance inspection, the owner of the car will be asked to sign an inspection report. The document will describe all damage to the car at the time of conclusion of the contract. In the future, these damages will not be taken into account when calculating compensation.
3. If the car is located far from the region where the policy was obtained, and an insured event occurs, you can request urgent repairs from the insurance company. In such cases, few organizations require certificates of the fact of an accident, therefore, the policyholder will receive repairs.

Procedure

As with any other insured event, if damage is detected on the windshield, the policyholder is obliged to notify the insurance company of the situation. Let us consider in detail how to change a windshield under an insurance contract.

What spare part is supplied during repairs by the insurance company?

When the insurance company independently provides repairs to the vehicle, most often the original glass from the manufacturer is installed to replace the damaged part.

However, a nuisance may arise in the form of a lack of necessary spare parts for installation. Or, if the company prefers to save money, a non-original windshield will be installed on the car.

This will be a part from a third party manufacturer, but produced under license from the original plant that produced the vehicle of the insured make and model. Then glass will cost several times less. In a situation where the glass contained tinting, it will not be returned during repairs.

What glass components of the car are subject to review?

The insured event specified in the contract, contrary to popular belief, includes not only the replacement and repair of the windshield. All glass components of the car are taken into consideration:

• Windshield;
• side window glass;
• rear window;
• headlights;
• mirrors

Consequently, if the car is damaged by one or more of these parts, he can contact his insurer so that the latter, under the terms of the contract, compensates for the resulting material damage.