CrimeaPRESS reports:
In the Krasnodar Territory and the Astrakhan Region, the victims of car scammers who presented themselves as lawyers turned to Alexander Bastrykin, Chairman of the Russian Investigative Committee, for help. About 300 victims cannot understand why their cards are blocked and property is described. Meanwhile, the total amount of legal claims against them has already exceeded 1.6 billion rubles.
Nikita Gerasimov, legal adviser of Resource Lex LLC, explained that the matter was in the terms of the assignment agreement, which was agreed to by the victims of unscrupulous auto lawyers. An assignment agreement is essentially an assignment of the right to claim compensation for damage. Almost always, when concluding an assignment agreement after an accident, the victim is given a certain amount, which is guaranteed to be less than what the “assistant” will receive by applying to the court on his behalf. At the same time, a motorist who has short-sightedly signed the documents without having studied the possible consequences, after a while, “letters of happiness” from the tax authorities may receive, since non-insurance compensation (penalties and fines, due to which the amount of compensation is inflated), unlike the amount of compensation itself, considered income and subject to income tax. And it is paid by the one on whose behalf the claim was filed.
In the Krasnodar Territory, fraudsters issued a power of attorney to represent the rights of a motorist injured in an accident in an insurance company and in court. But auto lawyers worked for their own interest — they dealt with postscripts, increased the amounts, terms, and then presented insurers with claims for compensation that exceeded the actual damage by several times , Gerasimov emphasized. – Insurance companies managed to prove that there were postscripts. On this occasion, a criminal case was initiated, about 20 people were brought to justice.
300 In connection with the discovery of new circumstances that confirmed the fact of fraud, and the initiation of a criminal case, insurance companies in the Krasnodar Territory and Astrakhan Region filed lawsuits against those people on whose behalf the fraudsters acted. Indeed, from a legal point of view, those for whom the cession agreement is drawn up are only intermediaries, and all compensation for damage under OSAGO should go to the victim in an accident. Thus, illegally received compensation for deliberately overestimated calculations must also be returned to injured motorists.
For example, if the real loss was 60 thousand rubles, and a citizen received from auto lawyers directly at the scene of an accident 20 thousand rubles, then with the help of an assignment agreement and forged documents, they could write off 20 thousand rubles or more from insurers. In this case, upon revealing the fact of fraud, the deceived insurance company asks the motorist to return those very 600 thousand. But that’s not all. The tax inspectorate also comes to the motorist who finds himself in this situation and asks to return personal income tax (it amounts to %) from the amount of penalties and fines, the amount of which was included in those very total 600 thousand. Unfortunately, the realization that not all documents are worth signing, even if significant amounts are paid for it, comes to many only at this stage, when it is quite difficult to painlessly resolve the current situation , — says Andrey Moiseev, executive secretary of the commission of the Association of Lawyers of Russia.
The OSAGO: Public Expertise project encourages you to carefully check the documents that a car lawyer suggests signing and what he does on your behalf, and it is better to contact your insurance company directly in the event of an accident.
source: press service of the Information Project «OSAGO: public expertise»
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