The Russian Constitutional Court has clarified the limits of insurer liability under compulsory motor third-party liability insurance (CMTPLI).
Date:16.06.2026

The Constitutional Court of the Russian Federation (CCRF) has clarified the issue of compensation for damages under Compulsory Motor Third Party Liability Insurance (CMTPL) in cases where vehicle repairs within the insurance limit are impossible. According to the CCRF's position, if an insurer is unable to arrange repairs due to the cost exceeding the CMTPL limit, and the injured party refuses to pay the difference, the insurer is not considered in default. In such a situation, the insurer pays the maximum amount stipulated by the CMTPL law (e.g., 400,000 rubles), and the full market value of the repairs cannot be recovered from them. The court emphasized that imposing full financial liability on the insurer in such circumstances is unacceptable. However, the insurer is obligated to prove that it took all possible measures to arrange repairs. The mere absence of a service station willing to perform repairs within the limit is not sufficient grounds for denying compensation in kind without evidence of the insurer's active efforts to locate such a station. Conclusion: It is important to explain to injured parties that if repairs cannot be made within the limit and they refuse to pay the additional amount, the compensation amount will be limited to the maximum insurance payout. It is also important to emphasize the insurer's obligation to prove that all reasonable measures were taken to arrange repairs, which can be a key factor in litigation.

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