The insurer paid too little: what should I do?
First, ask the insurer for the calculation in writing and compare it with an independent assessment item by item. If there is a difference, submit a report with photos and a defect list, and justify every item.
What the law says
- Law of the Kyrgyz Republic No. 192 of 24.07.2015 «Об обязательном страховании гражданско-правовой ответственности владельцев автотранспортных средств»The insurer pays, or sends a reasoned refusal, within 30 days of receiving the application and the documents (Art. 24, part 1). An independent expert completes the assessment within 15 calendar days (Art. 9, part 3).
- Government Resolution No. 257 of 19.05.2020: «Правила обязательного страхования гражданско-правовой ответственности владельцев автотранспортных средств», edition of 08.10.202430 calendar days to decide (para. 72). A written refusal must state the reasons (para. 73). A penalty of 0.1% of the overdue amount for each day of delay, on a written application (para. 75). Property limit per victim: 150 thousand KGS, and no more than 450 thousand KGS for all victims. The owner of the at-fault vehicle pays the excess over the limit (para. 71). Before suing, file a written application with the insurance arbitrator (paras. 81–87). The undisputed part is paid in any case (para. 78).
- Civil Code of the Kyrgyz Republic, Part II of 05.01.1998 No. 1, Article 993Damage is compensated in full by the person who caused it (part 1).
What to do, step by step
Ask for the calculation in writing
Ask the insurer for the payout calculation in writing: the amount for each item, which works and parts were accepted, which were rejected, and why. Write down phone explanations with the date. On your written request, the insurer must give you a copy of the act on the insured event, which is the payout calculation.
Order an independent assessment
The appraiser inspects the car in person, photographs the damage and prepares the defect list. An independent expert completes the assessment within 15 calendar days. If the car cannot be driven or is at an impound lot or a repair shop, the appraiser comes to it in Bishkek and the suburbs. The visit surcharge is +1 000 KGS within the city, +1 500 KGS in the outer districts and from +2 000 KGS out of town. If the payout is based on this assessment, its cost is included in the damages the insurer pays, within the limit.
Compare the calculations item by item
Compare the insurer’s calculation with our report: which parts were left out, which works were dropped and which prices were used. Record the difference for each item. That shows exactly what to dispute.
Submit the report with justification
Send the claim and the report to the insurer of the at-fault driver, the company that insured his liability. Every item is justified: what is damaged, what needs replacing and what it costs at market prices for parts, labour and materials.
The insurer decides within 30 calendar days
The insurer reviews the claim and the documents within 30 calendar days of receiving them. Within that time it either pays out or sends a written notice of refusal with the reasons.
A refusal must be in writing, with reasons
If the insurer refuses, it must send a written notice that states the reasons. Go through each reason and check it against the report. The undisputed part is paid in any case.
Penalty for late payment: 0.1% a day
If the insurer pays late, it owes a penalty of 0.1% of the overdue amount for each day of delay. The penalty is paid on your written application, which states the form of settlement and your bank details.
Insurance arbitrator before court
If the dispute is not resolved, first send a written application to the insurance arbitrator, before suing in court. The insurer submits its explanations to the arbitrator, and the arbitrator decides. If you agree with the decision, it is binding on the insurer.
Court, if you disagree with the arbitrator
If you disagree with the arbitrator’s decision, you may apply to the court. Keep the report and all correspondence with the insurer: you will need them at every stage of the dispute.
What to prepare
The insurance policy or its duplicate.
The owner’s passport, or a power of attorney if a representative files the claim.
Certified copies of the accident scheme, the accident certificate and the intoxication test protocol.
Copies of the driving licence and of the document giving the right to drive, for the person who was driving.
Receipts, invoices and delivery notes for the repair, and the assessment documents.
Photos and videos of the damage, taken before the repair.
Your correspondence with the insurer: letters, messages and applications.
The car in its original state: do not start the repair before the assessment.
How we help
We carry out an independent damage assessment and prepare the insurance payout documents: the report, the calculation, photo records, the defect list and the justification for every item. Preparing them is included in the assessment price.
We issue the report only on paper, in two copies, signed and stamped by the appraiser. If the dispute is about the car’s market value, there is a separate service for it: a market value appraisal.
If the insurance company does not accept the report, we will redo it or help you dispute the decision. This is our promise, not a requirement of the law.
The contract is signed after the inspection. You can pay in any convenient way, before or after the work. The price is agreed once you send photos and a video of the damage via WhatsApp.
Common questions about the payout
The insurer calculated less than the repair costs. Where should I start?
Start with the written calculation. Ask for it item by item and compare it with the independent assessment. This shows which parts and works were left out or priced differently. Mind the limit: for the property of one victim, the insurer pays no more than 150 thousand KGS. If the repair costs more, the at-fault party pays the difference.
Can I start the repair before the assessment?
It is better not to. The damage has to be recorded in its original state. After the repair, the extent of the damage can no longer be confirmed. The law does not require the repair to be agreed with the insurer in advance, but the insurer may refuse the payout in full or in part if the repair before the inspection makes it impossible to establish the damage reliably. If the car has already been repaired, tell us right away.
How does the report help in a dispute with the insurer?
Every damage is photographed and listed in the defect list. Each item shows what is damaged, what needs replacing and its cost at market prices.
What if the insurance company does not accept the report?
The insurer must either pay, or send a written refusal with the reasons, within 30 calendar days of receiving the documents. If you disagree with the refusal or the amount, file a written application with the insurance arbitrator. If you still disagree with the arbitrator’s decision, you may go to court. We will redo the report or help you dispute the decision. This is our promise, not a requirement of the law.
How much does the assessment cost, and when will the report be ready?
The price depends on the number of damaged parts: from 4 500 KGS for 1–2 parts, up to 7 000 KGS for 11 or more. The report is ready in 3–5 days from the inspection, or up to 7 days for major damage.
Order an independent assessment for your insurance claim
Message us on WhatsApp with photos and a video of the damage. We agree on the price based on them and confirm the list of documents when you get in touch.