How long does it take to pay out insurance after an accident?

Payment of insurance after an accident by an insurance company

The risk of getting into a traffic accident is always present. Even the most attentive and careful driver can make a mistake due to human factors. In addition, there are other road users on the roads who can also become the culprits of an accident for a number of reasons - from simple inattention to drunk driving. To compensate for damage resulting from an accident, the Russian Federation provides for both compulsory and voluntary car insurance.

What is the period for payment of insurance after an accident by the insurance company?

Maybe not all drivers like the idea of mandatory payments to the insurance policy, since they hope to drive for the rest of their lives without incident. However, when an insured event occurs and the insurance company pays out insurance for an accident, hardly anyone is upset about this. But there are a number of difficulties that may arise when making payments, since the insurer carefully examines the circumstances of road accidents and their causes, and may, as a result, delay the payment period or reduce the amount of insurance paid.

Therefore, every driver should know his legal rights, including how long insurance is paid after an accident. According to the Federal Law “On Compulsory Motor Liability Insurance”, the term for payment of insurance is twenty days. The countdown begins from the moment the victim arrives at the insurance company and writes a statement about the accident. The starting point of the period is not the moment the insured event occurred, but the time when the application was written and the insurer was notified about it.

Within 20 calendar days, with the exception of non-working holidays, from the date of acceptance for consideration of the victim’s application for insurance payment or direct compensation for losses and the documents attached to it, provided for by the rules of compulsory insurance, the insurer is obliged to make an insurance payment to the victim or issue him a referral for vehicle repair funds indicating the repair period or send the victim a reasoned refusal of insurance payment.

Clause 21, Article 12 of the Federal Law “On compulsory insurance of civil liability of vehicle owners” N 40-FZ dated April 25, 2002, as amended on September 1, 2016

It is worth considering that the twenty-day period represents only working days. Weekends and holidays are not taken into account. Therefore, the answer to the question of how long it takes to pay out the insurance amount remains purely individual. For example, a traffic accident that occurred before a holiday, after which the law requires several more days off, may delay the time of payment. In this case, these days are not taken into account, and the actual payment time is increased.

How does an insurance company assess damage in an accident?

The legislation establishes rather short deadlines for examination by the insurer. The insurance company inspects the car after an accident within five working days after the victim writes a statement. During this time, the insurer is obliged to inspect the damaged vehicle, assess the severity of the damage and the amount of insurance compensation. Within the above time period, the company must notify the affected party of the results of the examination.

The insurer is obliged to inspect the damaged vehicle, other property or its remains and (or) organize their independent technical examination, independent examination (assessment) within a period of no more than five working days from the date of receipt of the application for insurance payment or direct compensation for losses with attached documents, provided for by the rules of compulsory insurance, and familiarize the victim with the results of the inspection and independent technical examination, independent examination (assessment), unless another period is agreed upon by the insurer with the victim.

Clause 11, Article 12 Federal Law “On compulsory insurance of civil liability of vehicle owners” N 40-FZ

If, according to the results of the examination, insurance compensation for an accident (amount of compensation) causes disagreements between the parties, then the insurer, in accordance with clause 11 of Article 12, has the right to conduct a second independent examination:

An independent technical examination or an independent examination (assessment) is organized by the insurer if contradictions are discovered between the victim and the insurer regarding the nature and list of visible damage to property and (or) the circumstances of harm in connection with damage to property as a result of a road traffic accident.

Extract from Clause 11, Article 12

The purpose of the examination is to determine the amount that will be sufficient to restore the damage caused by the traffic accident. To understand how the insurance company considers damage in an accident, you need to know the factors that it pays attention to. First of all, this is:

List of parts to be replaced.

Restoration of paintwork.

Price of consumables needed for repairs.

The general technical condition of the vehicle at the time of the incident.

The condition of the driver at the time of the accident.

As can be seen from Article 12, the insurance company takes into account not only visible mechanical damage, but also the circumstances under which the damage was caused. Based on the results of the examination, the insurer makes a decision on the amount of payments. However, not only the insurance company, but also the injured party has the right to challenge the amount of compensation. To do this, you need to contact independent experts and get a real assessment of the amount of damage.

Who does the insurance company pay for insurance in case of a double accident?

In the case of compulsory MTPL insurance, as is known, insurance payment is made only to the injured person. In this case, the question of whether insurance pays to the person at fault for the accident is irrelevant. The answer is clear: “No!” The culprit can receive compensation for damage only in the case of voluntary insurance. But there are often cases when both parties are recognized as the culprits of the accident as a result of the proceedings. In this case, how are payments made under compulsory insurance?

It is worth clarifying that the legislation does not address the issue of mutual accidents. The situation is ambiguous, since each participant is a victim and a culprit at the same time. Judicial practice is the only source that allows us to assert that in this case both injured parties receive 50% of the damage received. The basis for such court decisions is Clause 2, Article 1081 of the Civil Code of the Russian Federation:

The causer of harm, who has jointly compensated for the harm caused, has the right to demand from each of the other causers of harm a share of the compensation paid to the victim in an amount corresponding to the degree of guilt of this causer of harm. If it is impossible to determine the degree of guilt, the shares are considered equal.

Extract from Clause 2, Article 1081 of the Civil Code of the Russian Federation

Thus, the parties involved in the accident are recognized as equally guilty and victims. But 50% is only half the amount. How much does the insurance company pay in case of an accident if only one party is at fault? The answer is contained in Article 7 of the Federal Law “On compulsory civil liability insurance of vehicle owners” N 40-FZ:

“The insured amount, within the limits of which the insurer, upon the occurrence of each insured event (regardless of their number during the validity period of the compulsory insurance contract) undertakes to compensate the victims for the harm caused, is:

— in terms of compensation for harm caused to the life or health of each victim, 500 thousand rubles;

— in terms of compensation for damage caused to the property of each victim, 400 thousand rubles.”

Extract from Article 7 of the Federal Law “On compulsory insurance of civil liability of vehicle owners” N 40-FZ

The legislation of the Russian Federation is constantly undergoing changes. And the Federal Law regulating the relationship between the insurer and the policyholder under compulsory insurance is no exception. The latest changes in it occurred relatively recently - 09/01/2016. Therefore, in order to avoid errors due to outdated information, we recommend that in each specific situation you seek help from a professional consultant!

Terms of payment of insurance after an accident and procedure for receiving insurance compensation

When an accident occurs, the parties usually suffer damages. In order to compensate for it, you need to receive insurance compensation. As a rule, participants in a road accident have an MTPL insurance policy. According to this document, the insurance company is obliged to make payments to compensate the victim for the damage received. In this type of situation, it is important to know in what order the insurance payment occurs.

Terms of payment of insurance after an accident under compulsory motor liability insurance by an insurance company

There are deadlines for making insurance payments that depend on the specific circumstances of the case.

If the driver was not injured at all in the accident, then 20 days are allotted for making insurance payments.

Within the first five days of notification, the insurance company will send a technical expert to assess the damage to the vehicle as a result of the accident.

The twenty-day period begins from the moment the insurance company receives notification of the traffic accident. This period does not include holidays.

Payment is usually made via bank transfer. It can last for several days (usually we are talking about two or three days). When calculating the maximum period, it makes sense to add this time to the twenty-day period.

Unfortunately, we cannot exclude the possibility of a situation arising when the specified period has been exhausted, but no money has been received into the victim’s account.

In this situation, the most effective measure would be to go to court. In addition, you need to take into account that if there is a delay, a penalty will be charged for the unpaid amount. For each day there will be an additional 0.05% of the amount owed to the insurance company.

Insurance payment procedure

If there has been a traffic accident, it is important to notify the insurance company in a timely manner. The period when this must be done depends on how exactly the accident was registered. If this was done without the participation of the traffic police, then a period of five days is allotted for notification. In the case where registration took place in a different way, the specified time increases to 15 days.

To do this, you can use one of the following methods:

Notification can be made by coming to the company's office in person and taking with you all the necessary documents.
It is allowed to use postal mail for notification.
You can send the necessary documents by fax.

In order to make this notification, it is necessary to prepare a set of relevant documents.

It will include:

Notification that an accident has occurred.
In cases where a police officer took part in the registration of the incident, another document is needed - a certificate of the accident.
A protocol on the commission of an administrative offense or a copy thereof will also be required.

In the event that the victim’s vehicle was damaged, the following documents will also be required:

You need to confirm ownership of the damaged car. To do this, you must present the appropriate document.
The harm resulting from this incident must be properly documented. To do this, you will need to get an opinion on this made by an independent expert.
The services of a specialist who examined the vehicle must be paid. A document about this is included in this kit.
If there are other documents that confirm the amount of damage caused, they must also be provided as part of this package.

If the accident resulted in harm to the health of the victim or his life, then it is necessary to provide supporting documents

It is quite possible that as a result of the accident in question, harm to the victim’s health or life could have been caused. In this case, the insurance company will have to make the appropriate insurance payments.

Supporting documents must be provided to verify what happened. Depending on the specific situation, various supporting documents may be required.

For example, we will give those that will be needed if there was a death of the victim:

You need a statement about what happened, where all family members of the deceased should be listed.
You will need to present a death certificate.
When conducting a funeral, the family of the deceased incurs significant expenses. In this case, it is necessary to provide a certificate of their value.
If the deceased had children, you must present a birth certificate for each of them.
In the case where the child is undergoing training, you will need to provide a certificate certifying this fact.
It is possible that the family of the deceased had disabilities. When applying for insurance payments, you will need documents that certify this fact. In the event that they require care, medical reports must be provided that confirm this.

How to receive all payments under an insurance policy

When an accident occurs, various situations can arise. You need to know what needs to be done to receive payments in each case under consideration.

The driver is not mentioned in the insurance

When registering an accident, it may turn out that the driver who is at fault for the incident is not included in the insurance policy. This is not a cause for concern. The insurance company will make the payment without fail.

However, in some situations, having compensated for the damage, she will file a recourse claim against the culprit who caused the traffic accident. This procedure will no longer be relevant to the victim.

If the other party does not have insurance

In this case, you will have to go to court to receive compensation. By providing the necessary documents, witness statements, and presenting other evidence of his guilt, you can force him to pay compensation.

When compensation is not enough

Sometimes the injured party reasonably believes that the amount paid by the insurance company does not correspond to the amount of damage suffered. In this case, you can increase the amount received by applying to the court.

After considering the circumstances of the case, an appropriate decision will be made on the obligation of the perpetrator to pay an additional amount of compensation.

Payment if there are victims

In the event of an accident, each type of injury is provided with an appropriate amount of insurance compensation.

When considering the situation with receiving insurance compensation, the fact of the presence or absence of harm to the health or life of the victim is essential.

Recent changes in legislation related to the insurance sector were aimed at facilitating the calculation and receipt of insurance compensation in the presence of victims.

To simplify the calculation, a special payment system was introduced, which used a special table. At the same time, for each type of injury, an appropriate amount of compensation is provided.

This approach allows you to count on receiving insurance payments without waiting for the end of treatment and documentation of costs incurred in connection with this.

Now for registration it is enough to provide the insurance company with a certificate indicating the type of injury received.

For each type of injury, a percentage is provided. In order to find out the amount of payment, you need to multiply the maximum amount for insurance payments by the specified coefficient.

Calculation example. If as a result of the accident there was a fracture of the humerus, then in the corresponding table this corresponds to a value of 15%. It is also necessary to take into account that the maximum value is currently 500 thousand rubles. If you multiply these numbers, you can determine exactly what amount will be paid in the case under consideration.

500,000 rubles * 15% = 75,000 rubles

There are statistics on this type of payment. On average, insurers pay out 200 thousand rubles in such cases.

But do not forget that the maximum amount is greater than this value. If the treatment required additional costs, then you can contact the insurance company to apply for an increase in compensation within limits not exceeding the maximum amount of 500 thousand rubles.

How to reduce the likelihood of non-payment of money from the insurer

It is possible that the deadline has passed, but no money has been received. In this case, you will have to go to court to obtain insurance.

Do not forget that by your behavior during the registration period you can reduce the likelihood of problems arising.

If it is no longer possible to avoid going to court, this matter should not be put on the back burner

In this case, you can do the following:

At the very beginning, the insurer is notified of the fact of the accident. It is advisable not to trust the sending of documents by mail or fax, but to appear at the insurance company in person. This will protect you from the insurer’s excuses that the company allegedly did not receive documents that were lost along the way.
It is important to clarify all possible controversial issues when signing an insurance contract. This will help prevent some problems in the process of processing compensation payments.
If a technical expert for assessing the consequences of a road accident was offered by an insurance company, it does not always make sense to trust him. Sometimes it’s worth looking for the appropriate specialist yourself. This is especially important if you are going to court. In this case, it is advisable to send a copy of its conclusion to the insurance company.
During the registration process, it is worth calling the insurer more often. At the same time, he will feel that you are in control of the situation and, perhaps, will try to pay it off quickly.
If a situation arises where it is no longer possible to avoid going to court, there is no point in delaying the matter. You need to be aware that judicial review can take considerable time and it is better to begin this procedure as early as possible.
Sometimes the victim is simply afraid of judicial red tape. In this case, it makes sense to contact professional lawyers. Of course, such treatment means additional costs. However, the proceedings will be conducted at a high legal level and will not cause much concern to the victim.

Conclusion

No one is guaranteed against an accident. If this happens, it is necessary to make every effort to obtain compensation due by law and in accordance with the insurance contract. In order to do everything effectively, you need to understand how the procedure for obtaining insurance compensation in the event of an accident occurs.

In this video you will learn how to get money from an insurance company in case of an accident under an insurance policy:

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Payment of insurance in case of an accident. Terms of payment of insurance in case of an accident

It seems that by insuring your car, you can feel protected from many problems that happen on the road. However, the insurer is not always ready to answer for its obligations and sometimes refuses to compensate for damage to its clients. To prevent such unpleasant situations from arising, the policyholder must clearly know his rights and in what situations he is entitled to payments. This article will tell you when insurance is payable in case of an accident and within what time frame.

Insurance cases

Payments for damage caused during an accident will depend on which insurance policy the driver purchased. For example, CASCO insurance can pay for all car repair costs even if the policyholder is at fault. But there are other policies that do not pay out insurance in case of an accident. OSAGO, for example, compensates for damage from a traffic accident only to the injured party, and the guilty party must independently repair its vehicle.

Today, the insurance market is able to offer consumers a company to suit every taste. You can choose an insurer with a good reputation and extensive experience in this field.

What should you do after an accident?

If a traffic accident occurs, the first thing you need to do is find out if there are any casualties. In the case where the driver and passengers were not injured, you should immediately proceed to inspect the car. After visually inspecting the damage, you should record it with a camera. This is necessary so that the insurance company in the future does not have the opportunity to reduce insurance payments after an accident. The next thing to do is call the traffic police and your insurer.

Having arrived at the scene of the accident, the road service inspector will draw up a report and investigate the circumstances of the traffic accident, and the company representative will assess the damage caused. If the insurer is reliable and conscientious, then it must independently deal with the incident, leaving the victims to mind their own affairs. If the driver is not confident in his company, it is better to independently calculate what the insurance payment will be in case of an accident, so that controversial issues do not arise in the future.

Independent examination

Sometimes there is no opportunity, time or knowledge to find out how much damage was caused after an accident. If the reliability of the insurer also leaves much to be desired, then it would be best to conduct an independent examination. Typically, insurance organizations underestimate the cost of damage because they cooperate with certain experts. These experts initially know that they need to assess the damage at a known low price. To prevent this from happening and to avoid having to pay extra out of pocket for vehicle repairs, you must use the services of an independent expert.

On the market today you can find many companies involved in the assessment of property, both movable and immovable. Once you have selected a suitable company, you should conduct your own due diligence. It may be a little more expensive, but the insurance payment in case of an accident will correspond to the real cost of repairs. In this case, the company that insured the car will no longer be able to estimate the damage too low.

What can't you do?

Of course, you should not leave the scene of a traffic accident. Otherwise, in addition to the insurer’s refusal of its responsibilities for insurance payments, the driver will also face criminal liability. Even if one of the parties is not to blame and is the victim, then she should also remain at the scene of the accident until the traffic police arrive.

In some cases, drivers independently agree on the amount of damage caused. If the damage is minor, then drivers can solve the problem of future repairs on the spot so as not to spoil their reputation. As a rule, the victim takes from the guilty party a certain amount for which the damage needs to be repaired, and the parties leave without calling either the traffic police inspector or their insurance companies. In fact, it is better not to do this, because an unscrupulous victim over time can turn the situation not in favor of the guilty driver and the latter will have to answer for his obligations and suffer even greater financial losses.

Thus, it is better not to find out the cost of damage on your own without calling professional employees or to take a written receipt that the injured party has no claims against the culprit.

How to receive all payments under an insurance policy?

Insurance payment in case of an accident will depend not only on the company’s rating, but also on the attentiveness of the driver. For example, before you sign any documents from your agent, you should read them carefully. If a certain amount is not clear, do not rush and get emotional. By the way, many companies, taking advantage of the emotional state of the victims, allow them to sign various forms, which can then play into their hands.

So, in order to receive all the payments due to the insured party after an accident, you should attach all documentary evidence, including a copy of the report, photographs from the scene of the accident, as well as the cost of new spare parts at the real price, and not according to the insurer’s estimate. Only after an adequate assessment (preferably with the help of an independent expert) can the injured driver safely repair his vehicle. Thus, after the insurance company has recognized the case as insured, it is obliged to pay all the funds due under the contract.

Insurance payment terms after an accident

According to the new rules, the injured party must submit a claim for compensation to their insurer after a traffic accident no later than fifteen days from the date of the accident. The payment period for insurance in case of an accident used to range from fifteen to thirty days, but today this figure is thirty days. Therefore, after the application has been reviewed, a damage report has been drawn up and the amount of payments has been calculated, the insurance organization will have to transfer it to its client.

If for some reason the insurer is in no hurry to fulfill its obligations, then the policyholder, after the expiration of one month, must receive a penalty equal to several percent of the amount of damage.

Procedure for payment of the insured amount

The procedure for paying insurance in case of an accident can be divided into three stages:

Submitting a claim from the policyholder regarding a traffic accident.
Review of the application by the insurer and calculation of damage caused.
Payment of the insurance amount.

If any point is violated by the payer, then the injured party has the right to go to court to collect the debt from the unscrupulous insurer.

Useful tips

The driver should be aware that in addition to the obligations of the insurance company, he also has responsibilities. One should not think that if he causes damage to another person or even his own car for some reason, he can count on the insurer paying for the damage. In fact, there are cases when payments are not due, namely:

The traffic accident was not registered by the traffic police.
The driver intentionally caused damage to the vehicle (participation in races, competitions, etc.).
The car was damaged as a result of military operations or natural events.
The driver's fault in the accident.

If the driver was drunk, he is not entitled to insurance payment in case of an accident. Rosgosstrakh is one of the largest companies in Russia, which has an excellent reputation and is ready to insure a car against many unforeseen circumstances.

Compensation for damage in case of an accident: what is the payment period for compulsory motor liability insurance provided by law?

Many drivers, and even just pedestrians, have more than once seen such a situation on the road (and perhaps were participants in such an action) as an accident. Most often, in such a situation, participants are divided into three categories (of course, there may be more, but today we will touch on the most basic ones).

Someone is in shock and walks around their car with round eyes, others nervously puff on cigarette smoke next to their crumpled car, and still others run around the wrecked car cursing at the culprit of the accident or start calling all their friends who are most likely to help in this situation. they can do absolutely nothing. But such actions on the part of the participants in the accident, to put it mildly, are not entirely correct.

And in order to competently and quickly deal with such a problem, you just need to follow certain rules of conduct in case of an accident. We will tell you how to behave in case of an accident and how to receive payment of compensation on time in our article today.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, just call, it’s fast and free!

What to do if an accident occurs?

The procedure for drivers in case of an accident is as follows:

After a collision, you should stop your car, turn off the engine and immediately turn on the hazard lights. If there are traces of fire on your car or on the car of the second participant in the accident, you should immediately try to extinguish them; if this is not possible, you should move away from the burning car to a safe distance for yourself.
Next, you should install a sign on the roadway warning other drivers about an emergency stop (in the city, at least 15 meters from the car, in the country, at least 30 meters from your car).
You should also make sure that only cars were damaged in the accident and no harm was caused to people. If people are injured in an accident (passengers, pedestrians or a second participant in the accident), it is necessary to call an ambulance as quickly as possible, and also, if possible, provide first aid: pull the victim out of the car, stop the bleeding, etc.

In the event that an emergency occurs outside a populated area, it is necessary to transport the victims to the hospital by ride or, if possible, in your own car.

You should also call the traffic police and inform the traffic police about the accident, so that the traffic police officer can use the information located at nearby facilities. Before the traffic police arrive, try not to remove your car and leave it in the position in which it was at the time of the accident, and also do not move objects that may end up on the roadway.

Look for eyewitnesses to the accident and write down their contact information, names, addresses, and telephone numbers.

Try to capture the scene of the incident from different angles on a photo or video camera.

Before the arrival of the traffic police officers, you should not conduct any showdowns with the second participant in the accident, do not give him your documentation and under no circumstances drink alcohol. Try to remain calm and move away from the roadway to a safe distance (what to do if the culprit of the accident fled the scene and how can you get a cash payment in this case?)

In the event that the participants in the incident do not have disagreements regarding the damage and the guilt of one of the drivers, and also if the accident caused damage only to cars, and no people were injured, then you can do without calling the traffic police and draw up a Europrotocol (such registration of an accident is allowed current legislation).

This is exactly the correct procedure for action in case of an accident, which will help drivers minimize the damage caused in an accident, preserve the health and lives of victims, and also avoid a large list of mistakes that many drivers make. If you are a victim, you should make sure that the culprit of the accident has a valid compulsory insurance policy (read about what to do if the culprit of the accident does not have a policy here, and in this material you can learn about the procedure if there is he has a fake policy). Next, we will consider in detail how long the insurance company must pay the money.

Basic Rules

Payments under compulsory insurance policies currently have a limit:

If the accident caused harm to the life and health of people, the maximum possible payment will be 500,000 rubles (you can find a table of compensation payments for health damage in this article).
If only property was damaged in the accident, then the maximum possible payment will be no more than 400,000 rubles.

Payment under compulsory motor liability insurance can only be received if the accident is recognized as an insured event and the culprit of the accident has a valid compulsory insurance policy (read more about how much the insurance company pays in case of an accident here, and you can find out about the features of receiving payments and ways to increase them In this article).

Next, we will tell you during what period the insurance is paid.

What determines the length of the period before insurance compensation for damage?

Before answering the question of how many days after the insurance company pays out the insurance money, it is necessary to find out the conditions on which the specified period of time depends. So, the period of payments under the compulsory insurance policy according to the decision of the insurance company in case of an accident depends on several factors :

The first is the time allotted to the insurance organization to consider the application and documents submitted by the victim. Holidays and non-working days are deducted from the period established by law. It turns out that the May holidays or New Year holidays are not included in this period. That is, when the whole country is celebrating and resting, the Investigative Committee will not conduct an inspection. In this case, the payment period will be increased in proportion to the number of holidays.
The second consideration of the victim’s appeal may be suspended for the following reasons:

If the victim has submitted to the Investigative Committee an incomplete list of required documents.
If the victim was not given his car for inspection.
If a criminal or administrative investigation is carried out in the case.

Now you know how long it will take for the insurance company to pay out the funds.

How long does it take for funds to be paid?

So, how long does it take to receive compensation for damage caused in an accident? According to Federal Law No. 40 “Law on Compulsory Motor Liability Insurance” , the period during which the insurance company is obliged to consider the victim’s application and make insurance reimbursement is twenty days . In the event that the insurance company did not issue a refusal to the injured party, but also did not make the payment, then the injured party has the right to receive a penalty for each day of delay.

Are calendar or business days taken into account when determining the deadline? The insurance company has twenty days to pay compensation. It should be noted that compensation is made within 20 working or calendar days: calendar, holidays and non-working days are not included in this period for issuing insurance compensation.

Thus, we answered the question of during what period the insurance company should pay out the money.

What to do if the insurance company delays compensation?

If the insurance company did not give the victim a reasoned refusal to pay, but also did not compensate for the damage received within the period established by law, then a pre-trial claim should be filed against it.

This claim should be sent to three addresses:

The head of the insurance organization.
In RSA.
In the Central Bank of the Russian Federation.

In his pre-trial claim, the victim must demand from the Investigative Committee:

Payments of compensation.
Payment of penalties for each day of late payment.

This way you will show the Investigative Committee that you are serious; in addition, you may need documents from the post office if the case is taken to court. After sending letters, you should wait for a notification from the Russian Post that your letters have been delivered to the addresses you specified. If, after receiving your letter of complaint, the Investigative Committee has not responded in any way within 10 days, then the only thing left for the victim in this situation is to file a claim in court.

Amounts of penalties for late payments

According to Article 21, paragraph 3 of Federal Law No. 40: If the insurance organization does not comply with the deadlines established by law for sending the victim a refusal to pay compensation, then for each day of delay the victim has the right to recover from the insurance a late penalty in the amount of 0.05% of the established Federal Law No. 40 insured amount for each victim and the type of damage caused to him.

As we already know, the maximum possible payment in terms of damage caused to health and life is 500 thousand rubles, if the damage was caused to property, then in this case the maximum possible amount of compensation is 400 thousand rubles. Based on the foregoing, we can conclude that if the insurance company violates the terms of payment of compensation, the penalty for each day of delay will be the same for any victim.

Then the network: 500,000X0.05% = 250 rubles if damage was caused to life and health and 400,000X0.05 = 200 rubles if damage was caused to the property of the victim. In order to calculate the full amount of compensation due to you for late payment, you need to multiply the number of days of late payment by the amount of the penalty for one day. In the event that the victim contacted his insurance company and was sent to a service station for repairs (and under contracts concluded after April 28, 2017, the driver of the damaged car will receive exactly this compensation for damage, because funds can now only be received in exceptional cases), then the insurer will It takes not 20, but 30 calendar days for the referral to be issued. According to Article 12, Clause 21 of Federal Law No. 40, in this case, the days of delay should be counted after the expiration of not 20, but 30 calendar days.

The victim has the right to bring the entire list of documents at once, or bring them in parts. If documents are submitted in parts, then the register will have to indicate the date of acceptance of each document. All documents submitted to the insurance organization should be photocopied and kept with you, since the insurance company may lose your documents and then you will have to collect them again. Sometimes this happens due to the inattention of the organization’s employees, and sometimes specifically in order to delay the process of considering the case.

You will find more information about the procedure when contacting an insurance company in the event of an accident in this material.

We hope that in our article you found the answer to the question of during what periods insurance is paid in case of an accident.

What are the terms for payment of compulsory motor liability insurance according to the law - 20 working days or calendar days?

To receive compensation for damages under compulsory motor liability insurance, the participant in the accident must the insurance company (their own or the culprit’s) within 5 days After this, the insurance company has a period established by law during which the damage due to the occurrence of an insured event is paid.

Let's find out how long it takes for the insurance company to consider the application and how long to wait for immediate payment under compulsory motor liability insurance, as well as what the reasons for the delay may be.

How many days do I have to wait for insurance compensation by law?

The timing of payment of insurance compensation is regulated by Federal Law 40 “On Compulsory Motor Liability Insurance”. In accordance with Part 21 of Article 12, the insurer considers the victim’s application for insurance payment and the documents provided for by the rules within 20 days from the date of receipt.

Within 15 days from the date of receipt of the application, the insurer is obliged to accept it and, within the next 5, draw up an act on the insured event, on the basis of which to make a decision on making an insurance payment to the victim, and then make an insurance payment for damage in an accident or send the victim for repairs.

If, after considering this case, the Investigative Committee decided to refuse payment of compensation, then it is obliged to send, within the same period, to the victim a written notice of a complete or partial refusal to pay, indicating the reasons.

Should the insurance company pay within 20 working or calendar days?

The insurance company is obliged to pay compensation within 20 calendar days, but non-working days and holidays are not included in this period . Why do you need to know the deadlines? In order to:

correctly and on time submit an application for an insured event to the insurance company for compensation for damage;
track the timing of payment from the insurance company.

Now you know when compensation is due.

Reasons for delay

Many car owners have claims when payments are delayed, but few ask themselves whether all the documents have been submitted and when they were received by the insurance company.

If someone was injured in a traffic accident, the time required to collect documents will increase. Investigative authorities are involved in the investigation of this event; in this case, certificates describing the incident in full are issued after a month or two, and sometimes more. These documents contain a fairly large amount of information necessary for the insurance company to confirm that the policyholder was sober at the time of driving the vehicle, that he had a driver’s license at the time of the accident, etc.

All this information is contained in documents that employees of the competent authorities can issue for quite a long time. Therefore, if your insurance payments are delayed, contact your insurance company and find out the reason. Perhaps you simply forgot to submit some document or there is an error in the documents.

It follows from this that the period actually allotted for the consideration of the application by the insurance company of the case will begin only after all errors have been corrected or missing documents have been submitted.

Is it possible to speed up the processing time for an application?

In order to speed up the process of progressing the case, the policyholder must adhere to the following recommendations:

Series and number of his insurance contract.
His registration address and actual place of residence.
Phone number where you can contact him.
Do not forget to write down the telephone numbers and address of the insurance company of the person at fault; usually the details of the insurance organization are on the form of the compulsory insurance contract.
If you have the opportunity, try to make a copy of the insurance policy and passport of the culprit (you can take a photo with your mobile phone).

After examining the scene of the incident by traffic police officers and drawing up all the documents necessary in this case, you should independently appear at the traffic police department and pick up from there all the documents necessary for registering the case with the Investigative Committee.

After receiving all the documents, you should immediately take them to the insurance organization.

Previously, until 2009, insurance organizations independently sent a request to the traffic police department to obtain certificate number 748, but today representatives of traffic police authorities are required to hand over this document personally to the participant in the accident.

This document does not provide space for a round stamp; traffic police officers can affix a corner stamp and this will be quite enough. Check that the stamp supplied by the traffic police officers reflects the data of the traffic inspector who is applying the stamp.

This is done in order to quickly restore documents if for some reason they are lost in the IC.
Don’t forget to write down the details of the insurance company employee who accepted your case for consideration and the contact phone number where you can contact him. If you are not satisfied with the results of the examination carried out by an expert cooperating with the insurance company, you should independently select an independent expert who is not related to your insurance company and conduct an assessment of the damage from him.

Do not forget that you must invite a representative of the insurance organization in advance for an independent examination. This is done so that in the future (if it comes to filing a claim for compensation for damage in an accident) the insurance company will not be able to challenge the results of the assessment.
You should notify the Investigative Committee about the time and place of your examination using a registered letter with notification. Regardless of whether the IC responds to your invitation or not, the IC will have no chance to challenge the conclusions of an independent expert.

After submitting an application for payment and all the necessary documents, a 20-day period will begin, during which the insurance organization will be obliged to issue you a referral for repairs, pay money or provide a written reasoned refusal to pay compensation. According to current legislation, the insurance company has 20 calendar days for this (holidays and non-working days are not taken into account).

Many motorists ask the question of how to correctly calculate the payment date if the insurance company, for some reason, requires additional certificates and documents? RCA answers this question quite fully and unambiguously: the period after which the insurance company is obliged to make a payment, issue a referral for repairs, or refuse payment to the client should be calculated from the moment the application and the entire list of documents that are reflected in the Rules on Compulsory Insurance are submitted to the insurance company.

If the insurance company delays payments for an insured event

If, within the period established by law, the insurance organization does not pay compensation or issue a referral for restoration repairs, or does not provide the client with a reasoned refusal to pay for damages in the event of an accident, you should contact the insurance company and clarify the reason for the delay. Further, if the IC’s arguments about the delay in payment do not suit you, you can file a complaint against the actions of this organization with the RSA and the FSSN.

Most often, such actions end in resolving the issue. If the insurance company delays compensation payments, the client can submit to this organization an application for payment of a penalty under compulsory motor liability insurance; today the penalty for delayed payment is 1 percent of the payment amount for each day of delay.

If complaints to the RSA and FSSN do not have any effect, you should submit a claim to the Investigative Committee in which you need to describe your requirements. The insurance company is given 10 days to consider the claim; after this period, the company is obliged to provide the client with a response in the form of:

payment of compensation;
directions for repairs;
or in the form of refusal to pay compensation.

Video on the topic

Watch the video in which a lawyer explains important points regarding the timing of payments under compulsory motor liability insurance.

The law clearly regulates the time frame within which the insurance company is obliged to pay compensation. Please note that these 20 days also apply to providing a referral for repairs.

Do not forget that if the deadlines are violated, you have the right to demand compensation from the insurance company for the delay in payment. If you filed a claim, but the insurance company did not respond to it in any way, you can safely go to court. Most often, the courts side with the insured, but naturally, this event will significantly delay the time for receiving compensation payments. Now you know how many days later the insurance pays out and what to do if this does not happen.

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