Payment of insurance in case of accident OSAGO

Payments under MTPL in 2019 - the amount and timing of compensation of insurance payments under MTPL for damage to a car in an accident from April 1, 2015

Payments under compulsory motor liability insurance are the main issue that torments all motorists and makes them doubt the correctness of the chosen insurance company. The main criterion when choosing an insurer is timely payment of insurance coverage, since some representatives may delay the transfer of funds, as a result of which you have to resort to pre-trial claims or to the court.

Payments under compulsory motor liability insurance for road accidents in 2019

According to the latest amendments to the legislation on compulsory insurance, the amount of coverage has increased several times. Insurance payments under compulsory motor liability insurance for damage to a car currently amount to 400,000 rubles, and for life and health – 500,000 rubles.

The insurance 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: a) in terms of compensation for harm caused to the life or health of each victim, 500 thousand rubles ; (as amended by Federal Law dated July 21, 2014 N 223-FZ); b) in terms of compensation for damage caused to the property of each victim, 400 thousand rubles; (as amended by Federal Law dated July 21, 2014 N 223-FZ).

Article 7 of the Federal Law of April 25, 2002 No. 40 - Federal Law

The numbers are certainly impressive, but they are the maximum. To obtain the final payments, numerous factors are taken into account, for example, wear and tear of the vehicle, the nature of the damage, market value, etc. As a rule, the amount of insurance compensation paid under compulsory motor liability insurance ultimately differs significantly from the amounts we indicated above, so you should not count on good compensation.

Deadline for payment of insurance compensation under compulsory motor liability insurance in case of an accident in 2019

Few people know how long after an accident the insurance company transfers funds. According to Part 21 of Article 12 of Federal Law No. 40-FZ dated April 25, 2002, payment is made within 20 calendar days, excluding weekends and holidays.

21. Within 20 calendar days, with the exception of non-working holidays, and in the case provided for in paragraph 15.3 of this article, 30 calendar days, with the exception of non-working holidays, from the date of acceptance for consideration of the victim’s application for insurance compensation or direct compensation for losses and the attached to it documents provided for by the rules of compulsory insurance, the insurer is obliged to make an insurance payment to the victim or, after inspection and (or) independent technical examination of the damaged vehicle, issue the victim a referral for repair of the vehicle indicating the service station where his vehicle will be repaired and where the insurer will pay for the restoration repair of the damaged vehicle, and the repair period, or send the victim a reasoned refusal of insurance compensation.

Part 21 of Article 12 of the Federal Law of April 25, 2002 No. 40 - Federal Law

The timing and amount of insurance payments are regulated, as you already understood, by the law “On Compulsory Motor Liability Liability Liability Liability Insurance”, however, it is this legislation that states that the victim has the right, instead of the insured amount of coverage under OSAGO, to demand compensation in kind, that is, by making repairs.

As we all know, the amount of insurance payments in 2019 is much higher than in 2013, but in reality, the money paid is not enough to carry out high-quality repairs. Of course, everything is individual, and if you have a garage full of spare parts, then you, of course, are better off choosing money. You can also make a mistake with repairs, since the service station, as a rule, will be unfamiliar to you, and you will learn how the work will be carried out there only after some time.

Payments under compulsory motor liability insurance in case of an accident with victims

When there are victims of an accident, everything must be done to send them to the hospital. And if the driver whose car was damaged will be paid compensation in accordance with the damage, then people are paid in accordance with the injuries caused.

So, we already know how much OSAGO covers in case of harm to life and health, it is 500,000 rubles, however, when certain cases occur, the insurance company pays a strictly fixed amount.

Payment of insurance in case of an accident OSAGO, implementation procedure

Payment of insurance in case of an accident by compulsory motor third party liability insurance can often continue indefinitely. Some situations involve insurers deliberately delaying the process in question. This is done in order to delay the time of payment as much as possible or not pay the debt at all. In this situation, it is necessary to involve the judicial authorities in the process. It will take a significant amount of time before the injured party receives compensation under the insurance policy. To speed up the process, you need to have knowledge in the field of jurisprudence.

Insurance

The legislator establishes an obligation for all persons who own cars to take out an insurance policy. It provides insurance for possible risks, including, if we talk about people, their life and health. Regarding cars, they insure possible damage to the property in question. To obtain a policy, a person will need to collect a package of papers. It includes:

documents through which the identity of the owner of the car and the one who enters into the contract is verified;
card confirming the technical inspection;
driver's license;
car passport;
certificate confirming registration.

Owners of cars that are more than three years old are required to provide inspection documents. After the registration process is completed, an insurance policy is issued. In addition, established rules and a reminder are issued, which is applied in the event of an accident. You will be required to issue a receipt confirming payment. You will need to carry this document in your car on a regular basis. If a person has used electronic services, then it is necessary to print the document and also carry it in the car.

Compensation to the party injured in the accident is paid from funds belonging to the insurance company that insures the liability of the culprit. Compensation may be provided:

amounts of money;
repairs at the expense of the company.

The amount of payment is determined by the current provisions of the law. Legal provisions provide protection for all persons who are involved in an accident. In particular, we are talking about the fact that the injured person becomes the owner of a compensation payment, at the same time, the culprit is not obligated to compensate for the repair work carried out to restore the other party’s car.

The policy holder must keep in mind that he cannot count on receiving compensation if he is the one who violated the traffic rules and is at fault for the accident. The legislator indicates that compensation for harm is necessary only to injured persons. Responsibilities for recognizing victims are assigned to traffic police officers.

The exception to this situation is that the culprit has a signed CASCO agreement. In this case, the person is compensated for the damage caused as a result of the accident of his car. Another distinctive feature is that the legislator does not determine the maximum and minimum amount. This means that any amount can be paid. MTPL limits do not apply to this situation.

According to current practice, it can be stated that complex situations may arise that cannot be resolved quickly and easily. In some situations, the same person may be considered the injured party and the culprit. Then he can receive payment as a victim. If controversial issues arise regarding the establishment of a person’s guilt, they must be resolved in court. The statute of limitations rule will apply. The standard period in this case is three years.

To receive an insurance payment, you will need to perform a certain sequence of actions from the injured party. Some situations require the use of the Euro protocol. This can be done if no people were injured in the accident. It is also a requirement that all parties to the situation fully agree with the determination of guilt and the document drawn up. The parties do not express any objections.

In the situation under consideration, issues are resolved directly at the scene of the accident. It is also worth pointing out that the CASCO program requires the participation of the insurance commissioner in the registration of the incident. The specified person must independently inspect the damaged vehicles. Then the necessary documentation is completed. They are presented in the form of protocols and notifications. Insurance companies must be notified. In other cases, participation in inspection by traffic police inspectors is required. These employees are responsible for drawing up a schematic representation of the accident. If necessary, information is transferred to insurance organizations. As a result of the consideration, one party to the conflict is responsible for violating traffic rules.

There is also another option. In order to obtain insurance, you will need to complete a number of steps. This includes sending a notice to insurance companies. In a situation where it is not possible to resolve the situation using the European protocol, traffic police officers are immediately called to the scene of the accident. In addition, contact information is exchanged with other participants in the incident. You need to have an understanding of concepts such as:

details of the document used to verify identity;
number expression of the policy;
series of the said act;
car numbers.

Then the participants wait for the traffic police inspector. In addition, representatives of insurance companies are expected. The next stage involves obtaining a certificate, which is issued by the traffic police. To obtain the document in question, you will need to visit the branch of the specified authority and ask for a certificate stating that an accident occurred. It must be borne in mind that the text of the act must reflect a large number of details. They relate to what damage is caused to the machines.

Then, documentation is submitted regarding the receipt of insurance payments. If a person is at fault for an accident, then a three-day period is set for him. During this time, he collects the entire package of documents and submits it to the insurance company. If this does not happen, insurers have the authority to file claims by way of recourse. If we talk about the injured person, then he can apply for payment. You will need to write an application and collect papers.

To date, the list of documentation includes:

the act by which identity is verified;
driver's license;
TIN;
technical documentation for the machine;
certificate issued by the traffic police department;
insurance policy.

If harm is caused to health, you must submit a certificate issued by a medical institution. This list may also include acts such as a power of attorney related to driving a car. Expenses paid due to an accident also need to be documented. For example, this is payment for tow truck services.

Next, they receive a decision made by a judicial authority. The judge renders a verdict within ten days. In some situations, the specified period may be increased or shortened. To receive payments as quickly as possible, lawyers recommend taking the decision made by the court with your own money. The specified act is transferred to the insurer's company. You must keep a copy for yourself. This is done so that it is possible to prove receipt of the decision.

Insurance payment in case of an accident

The law provides for compulsory civil liability insurance for motorists - OSAGO.

In the event of an accident, all documents must be completed correctly in order to count on compensation for damages. Let's figure out how insurance is paid to the culprit of an accident and the victim?

Payment of insurance under compulsory motor liability insurance

Before calculating insurance payments, you need to understand what exactly compulsory insurance covers.

OSAGO provides only civil liability insurance for road users

In the event of an accident, the at-fault driver's insurance company pays the injured party compensation for vehicle repairs, injuries, or death. The culprit himself does not receive payments and must repair the car at his own expense.

Considering that compulsory motor liability insurance provides a very limited amount of compensation, it makes sense to additionally take out CASCO insurance when purchasing an expensive car. This type of insurance covers the property of the car owner himself, allowing him to cover expenses in the event that another participant in the movement did not have compulsory motor insurance, or the payments were insufficient to carry out a complete repair of the car or pay for treatment.

There is no CASCO law, so in case of an accident you can only count on receiving insurance payments under the MTPL policy

Procedure for payment of insurance under compulsory motor liability insurance

Insurance companies such as Rosgosstrakh and other market participants always carefully check each request for payment. Therefore, it is necessary to strictly follow the instructions and carefully prepare all documents.

Simplified payment system

For minor accidents, the law provides for a simplified procedure for payments under compulsory motor liability insurance. It is especially convenient if the insurance company of the second party to the accident is located in another city.

You can use this scheme under certain conditions:

no one was killed or injured in the collision;
There are only two participants in the accident;
Each driver has a compulsory motor liability insurance policy.

In this case, the victim must file a claim with their insurance company, which speeds up payments. The written application must be accompanied by the details of the second party involved in the accident - name, surname, car number and its policy.

An important addition will be the completed police report on the traffic accident.

All documents must be submitted to your insurance company in person.

Review of the application will take on average 1-2 weeks, after which payment will be made to a bank account. It should be noted that the maximum possible compensation for such a procedure is 25 thousand rubles.

Before choosing a simplified scheme, it is advisable to make a preliminary calculation of compensation on the insurance company’s website using an online calculator. If the amount of the potential payment turns out to be significantly more than 25 thousand rubles. , it is better to opt for the standard procedure.

Payments according to the European protocol

Another possibility of receiving payments in case of a minor accident is drawing up a European protocol. In this case, the accident must meet the same criteria as under the simplified payment scheme.

Europrotocol is an independent registration of an accident

There are also 3 additional conditions:

there is no dispute about guilt. Those involved in the accident should not have a conflict about who is to blame for what happened. Otherwise, the participation of a traffic police officer is required to decide on the degree of guilt of each party;
availability of a compulsory motor liability insurance policy. Both drivers have liability insurance and the policy is current. Also, both participants in the accident must be sober at the time of the incident;
cars are registered in the Russian Federation. If the owner of one of the cars is a foreigner and his car has foreign license plates, he must have a certificate of permission to use his vehicle in Russia.

In the European protocol, there are higher limits for compensation of damage than with the simplified receipt of funds. In most cases, the maximum payment under compulsory motor liability insurance is 50 thousand rubles.

For motorists whose vehicles are registered in Moscow or St. Petersburg, the maximum amount of compensation is 400 thousand rubles.

The most important stage of independently registering an accident is drawing up a protocol. The appropriate forms can be obtained from the insurance company. If the parties wish, representatives of insurers can go to the scene of an accident to help motorists draw up an accident plan and fill out a report. In this case, cars can be driven away from the scene of the accident and their damage can be assessed on the side of the road after sketching a plan for the collision.

The European protocol is drawn up in two copies so that each of the participants in the accident can obtain compensation for damage to their car.

The protocol indicates the personal data of the participants in the collision, data on damage to cars, car numbers, names of insurance companies and compulsory motor liability insurance policy numbers.

After filling out the protocol, the victim must transfer it and his bank details to the insurance company of the person responsible for the accident. This can be done in person or by registered mail with a list of attachments and receipt of receipt. This is given 14 days from the date of the accident.

Standard payment procedure

The most complex accidents (involving serious injuries or significant damage to the car) must be registered with the participation of the road inspector. In this case, it is important to leave the cars where they collided and post warning triangles.

If you are involved in an accident, call and wait for the traffic police inspectors, and if there are injuries, also call an ambulance

To get the maximum insurance benefit, use the following recommendations:

Get a certificate of an accident

Conduct an independent assessment

Prepare documents about treatment

A certificate of the accident, a report from the assessment commission and medical certificates must be sent to the insurance company of the person responsible for the accident along with the application. Within 2 weeks, the insurance company must contact you and pay the compensation amount.

If you also have a CASCO policy, you can contact your insurance company for additional compensation.

Usually, payments under compulsory motor liability insurance cannot fully compensate for repairs. In this case, CASCO will help return the difference between the funds actually spent and the payment. Additional insurance will protect you even if the person at fault for the accident does not have a compulsory motor liability insurance policy or is expired.

If the insurance company refuses to pay you compensation or you do not agree with the amount of payment, go to court

How to collect insurance payment?

If you do not agree with the announced insurance amount, you can challenge the company’s decision in court. To draw up a legally competent claim, it is better to hire an experienced lawyer. The application can request compensation for material or health damage, as well as moral damage.

To prove your case, it is advisable to include bills for injury treatment, vehicle repairs, and other related expenses with your claim.

The consideration of the case in court may take several months, but this event will significantly increase the amount of payments. If you disagree with the decision of the court of first instance, you have the right to appeal it within 10 days to a higher authority. However, it should be taken into account that an appeal will increase legal costs and delay the deadline for possible payments.

An alternative to lengthy litigation may be a settlement agreement with the insurance company. In this case, the lawyer hired for the court will be able to help you draw up an agreement that will sufficiently take into account your interests and protect them properly.

If the court satisfies your requirements, the decision should be transferred to the insurance company, which will be obliged to make increased payments.

Insurance payment terms after an accident

Compensation is paid most quickly through a simplified procedure through your insurance company. This takes on average 8-10 days. In the event of a serious accident, the procedure may take a long time, especially if large sums are involved.

If the insurance company delays payment for more than 20 days, it must pay a penalty to the victim. The money recovered through the court can be received by the victim several months after the accident.

Procedure and limit of payments under compulsory motor liability insurance

How changes in 2019 affected payments under compulsory motor liability insurance

Recently, the compulsory car insurance system has changed significantly. The size of payments under compulsory motor liability insurance in 2019 became different, the tariffs and the system for calculating the cost of the policy itself changed slightly.

Let's look at how to get insurance today and how much insurance coverage a victim in an accident can expect in the event of damage to health and the vehicle.

The changes that relate to payments under the MTPL policy in 2019 came into force in 2018 and affected the system of compensation for losses, repairs and registration of the policy, the timing of technical inspection and compensation for insurance, as well as the cost of its acquisition. In 2018, a compensation system such as payment for repairs appeared.

Not only the MTPL compensation has changed, the policy forms themselves have also changed. They are now protected by a QR code, making them difficult to counterfeit and further engage in insurance fraud. You can now check the authenticity of a document remotely.

The price of the policy is determined taking into account the following circumstances:

the region where the vehicle is registered;
car engine power in l/s;
number of persons included in the insurance;
age of the vehicle;
the length of driving experience of persons allowed to drive a car;
the period for which the insurance is issued;
status of the car owner (whether he is an individual or a legal entity).

The cost of the policy has also changed due to the new rules for calculating the bonus-malus coefficient. Now, if a driver has never been in an accident in 12 months, he receives a discount when renewing his insurance. On the contrary, someone who often violates traffic rules and causes accidents will pay a large amount for re-issuance of the policy in accordance with the new tariff. The bonus-malus coefficient accounting system is designed to encourage drivers to be more careful on the roads, not to make dangerous maneuvers and to obey the speed limit.

Along with the increase in tariffs, insurance compensation limits have also increased.

The following standards for assessing damage from road accidents for compensation under a car insurance policy in 2019 apply to the current standards:

The deadline for filing an insurance claim is 5 working days;
the policy period must be at least one year;
The deadline for filing a claim with the insurer (if deadlines are violated or you are not satisfied with the amount of compensation) is ten days. Along with the application outlining the essence of your requirements, you should also submit an independent expert report;
payment of insurance coverage can be replaced by cash receipts to pay for vehicle repairs (including directly to a workshop that will carry out restoration work, bypassing the owner of the car);
the maximum payment depends on whether the victim’s property was damaged as a result of the accident, whether the participants in the accident were injured (and their severity);
in case of registration of an accident according to the European protocol, compensation will be 100 thousand rubles;
The payment period for compulsory motor liability insurance is 20 calendar days (except for holidays). During this time, the damage caused to the vehicle during the accident must be assessed.

The vehicle should not be repaired until the damage is covered by insurance. But if you conduct an independent examination, based on the results of which the damage is assessed, you can submit the car for repairs even before the insurance company transfers the funds.

Limits on car insurance payments

The liability limit for car insurance is the maximum payment under the contract that is paid to the victim as a result of an accident. The person at fault does not receive any compensation.

Insurance compensation depends on the amount required by the victim in an accident to cover the damage received, and is limited by law.

The limit for 2019 is

400 thousand rubles if property was damaged in an accident;
500 thousand rubles if the participants in the accident were injured (depending on the degree of damage to health, including the disability of the victim);
100 thousand rubles, if the accident is registered according to the European protocol (without the involvement of State Traffic Inspectorate employees).

You can receive the maximum payment if the damage incurred as a result of the accident exceeds or equals the liability limit.

In order for the funds to be transferred by the insurance company, you must promptly renew your policy and file an accident in accordance with all legal requirements. If the accident was minor (no more than two participants, only damage to property was caused), it is more profitable to record it using a European protocol.

What affects the amount of payment in 2019

Let's take a closer look at how the cost of insurance payments is calculated in 2019 and what affects the amount of compensation.

The amount of insurance coverage depends on the following circumstances:

whether damage was caused to the life and health of the victim or only his property was damaged (including options for complex damage);
degree of damage. It takes into account how badly the car was damaged. There are two options here: the vehicle can be repaired or it cannot be repaired.
list of damages. It must fully comply with the defects listed in the traffic police certificates. Otherwise, the insurance company will not provide compensation for damage that is formally absent. To prevent this from happening, you should go to the traffic police yourself and enter the necessary relevant defects, and then take the document to the Investigative Committee;
whether the vehicle was towed, whether payment for depreciation of the vehicle is required;
wear and tear of the vehicle, taking into account the service life and parts that need to be replaced;
vehicle engine power;
the location of the incident and additional circumstances of the accident;
validity period of the insurance policy;
the appearance of the car, its technical condition and market value before the accident.

If the cost of car repairs exceeds the limit (the amount of compensation due), the victim still receives no more than the maximum amount provided. In pre-trial proceedings, the culprit of an accident is not obliged to compensate the expenses incurred by the victim. At this stage, the issue can be resolved by agreement. But if the victim is not satisfied with the amount of funds offered, he has the right to demand compensation for moral, physical and material damage from the person responsible for the accident through the court. If the victim is not satisfied with the amount of compensation, a written claim should be sent to the insurer.

In what cases can the insurer refuse compensation?

There are circumstances that may prevent you from receiving insurance compensation. Let's list them:

there were substances hazardous to people and the environment in the passenger compartment or trunk of the vehicle;
the person driving did not have a driver's license;
the culprit of the accident was not determined;
the policy is invalid (its term has expired, or the document turned out to be counterfeit).

Of course, every insurance company strives not to lose its funds, so there is an opinion that it will not be possible to receive funds in full. This myth is partly facilitated by appraisers and law firms. But do not forget that they themselves, while convincing the client of the need for their services, also care about their earnings. Therefore, you should not make hasty decisions. As practice shows, in 80% of cases it is possible to receive compensation in full and on time exactly on time (payment under compulsory motor liability insurance occurs within 10 calendar days) without paying for the services of lawyers.

Compensation in case of registration of a European protocol in case of an accident

Insurance payments for damage in an accident, issued according to a European protocol, have been doubled, from 50 to 100 thousand rubles (while for Moscow and the Moscow region, St. Petersburg and the Leningrad region, the limit remains the same - 400 thousand rubles). Motorists involved in an accident can issue a document without the participation of traffic police officers. The copy is filled out by both the culprit of the accident and the victim. After this, the paper must be sent to the insurance company within 5 working days. A mandatory condition for drawing up a European protocol is photographing the scene of the incident. Before inspection by representatives of the insurance company, both cars damaged in an accident cannot be repaired so that all the defects they receive are recorded.

Important ! According to the European protocol, payments from the insurance company are possible if only two vehicles are involved in the accident. Otherwise, the procedure for registering an accident will be standard. Also, in an accident there should be no injuries to drivers, as well as injured (dead) third parties. But if previously it was possible to register an accident under the European protocol only in the absence of disagreements, now this is not required.

Participants in an accident are required to record all the circumstances of the incident. They must be transferred to an automated information system for motor insurance of civil liability (it is necessary to use technical means and software that are provided by law).

To correctly draw up a European protocol, you must follow the following rules:

use a ballpoint pen to enter information about the accident;
when filling out their part of the protocol, each participant enters data independently;
the validity of the adjustments must be confirmed by the opposite party;
The protocol must be signed by both the culprit of the accident and the victim.

Repair or monetary compensation

According to the law, today you can receive funds to pay for repairs instead of monetary compensation from the insurance company. This procedure is called a natural form of compensation for losses. Today it is not used by all drivers. This is due to a number of circumstances:

non-original spare parts may be used during repairs;
there is a practice of repairing damaged parts instead of replacing them with new ones;
the allocated hours for restoration work may not be enough;
damage is often not completely eliminated;
the car owner may not be satisfied with the quality of the work performed.

If you are not satisfied with the amount of compensation to pay for repairs, you need to contact an independent expert and file a claim with the insurance company. In case of refusal, the issue should be resolved through the court.

Insurance companies must enter into an agreement with the service station in accordance with current legislation. The latter, in turn, sell a specific list of auto restoration services. Service stations must meet the following requirements:

be located at a distance of 50 km or more from the scene of the accident and the residence of the owner of the damaged vehicle;
the period for carrying out restoration work cannot exceed 30 days;

The car owner has the right to refuse the services of a service station offered by the insurance company and choose the service independently.

If repairs are carried out at the expense of the insurance company, its cost is determined as follows:

restoration work is being assessed. Their cost depends not only on the nature and extent of the damage received, but also on the wear and tear of the vehicle;
the owner selects a service station from the proposed list of organizations (if the car is under warranty, dealerships can perform the work);
The vehicle must be restored within 30 days.

The insurance company will pay for the repairs.

Monetary compensation is possible in the following cases:

when the car cannot be restored;
the cost of repairs is more than 400 thousand rubles, and the car owner does not intend to pay extra from his own funds;
restoration work cannot be carried out within the allotted time frame (30 calendar days);
the owner appealed to the RSA, which approved the request to replace payment for repairs with monetary compensation;
the insurance company and the car owner injured in the accident managed to reach an agreement among themselves (the agreement must be in writing).

What documents must be provided to the insurance company?

An application must be sent to the insurance company along with a package of original certificates and copies of documents. The complete set includes the following papers:

a copy of the passport of the person responsible for the accident;
original certificate from the traffic police;
copies of documents for the car;
notification of a traffic accident;
a copy of the protocol on the offense or refusal to initiate an administrative case
details of the account to which the compensation will be transferred.

Insurance payments in case of an accident under compulsory motor liability insurance for the victim

The article was prepared taking into account the changes adopted to the basic Law in 2017, in it we will talk about the types of payments and the procedure for the victim to exercise his right to payments under compulsory motor liability insurance.

Victims of road accidents have the right to compensation for the harm caused to them. The Law “On Compulsory Civil Liability Insurance of Vehicle Owners” defines the types of insurance payments, as well as the procedure and conditions for their implementation.

The amount and structure of insurance payments provided for by current legislation are determined in Articles 7 and 12 of the Law and the rules for compulsory civil liability insurance of vehicle owners dated September 19, 2014 N 431-P (hereinafter referred to as the Rules).

Types of damage subject to compensation:

property damage in the amount of up to 400,000 rubles for each victim;

harm caused by damage to health in the amount of up to 500,000 rubles for each victim;

funeral expenses;

property compensation for the loss of a breadwinner.

Actions of the victim to receive insurance payment under compulsory motor liability insurance in case of an accident

If you are a victim of a traffic accident and intend to obtain insurance, then you need to follow these steps.

Notify the Insurer of the insured event.

Paragraph 3 of Article 11 of the Law does not specify how the insurance company must be informed: telephone call, letter, telegram - the choice is yours.

The period within which notification must take place has not been determined.

The law and the current Rules (clause 3.9) oblige the victim to notify the insurer about a traffic accident as soon as possible.

The natural question is: which insurance company should you notify about an accident, your own or the culprit’s?

It depends on the number of people involved in the accident and its consequences.

Of course, the insurer is notified, which will subsequently make payments under compulsory motor liability insurance.

According to the rule on the so-called “direct compensation for losses,” claims for compensation for property damage are addressed to the insurer that insured its civil liability.

In this case, the simultaneous presence of the following circumstances is necessary (clause 1 of Article 14.1 of the Law):

a) as a result of the incident, damage was caused only to property;

b) no more than two cars were involved in the accident (with or without trailers), the civil liability of the participants in the incident is insured under compulsory motor liability insurance.

For road traffic accidents that occurred after September 25, 2017, the rules introduced by amendments to Law No. 49-F dated March 28, 2017 apply.

In accordance with these amendments, in the case of direct compensation, victims submit applications for insurance payments to insurers with whom they have concluded MTPL agreements.

The number of vehicles involved in the accident does not matter.

Thus, for direct compensation of damage, it is necessary to have valid MTPL insurance for all drivers involved in the incident and the absence of damage as a result of the incident in the form of personal injury.

In all other insurance cases, the victim must submit a claim for compensation for damage to the insurer that insured the liability of the guilty party who caused the harm.

It is important to remember that direct compensation for harm does not limit the right of the victim to compensation for harm to life or health, which he did not know about when he initially contacted the Insurer.

In such cases, for an insurance payment that compensates for damage to health (life), the victim applies to the Insurer that insured the liability of the culprit of the accident (clause 3 of Article 14.1 of the Law).

Article to help:

Prepare documents for payments under compulsory motor liability insurance.

In case of any accident, the victim (beneficiary) is obliged to attach to the application for insurance payment under MTPL the documents listed in clause 3.10 of the Rules:

— a copy of your passport or other identification document;

— power of attorney, representative (when applying to the Investigative Committee through an attorney);

— bank details for depositing money (for non-cash payment);

— consent of the guardianship and trusteeship authorities to receive compensation to the representative (if the victim is under 18 years of age);

— a certificate of a traffic accident, if the paperwork about the accident was completed with the participation of traffic police officers;

— notification of an accident;

— a copy of the protocol on the administrative offense (if compiled and indicated in the certificate of the accident);

- a copy of the resolution in a case of an administrative offense or a ruling on the refusal to initiate a case of an administrative offense (if compiled and indicated in the certificate of an accident).

Articles to help:

The list of other documents attached to the application for payment under MTPL depends on the nature of the harm caused and the losses caused to the victim (see clauses 4.1, 4.2, 4.4 - 4.7 and (or) 4.13 of the Rules).

Download for free and without registration:

The insurer has no right to demand from the victim documents not provided for in these Rules.

When contacting an insurance company with claims for compensation for harm caused by damage to health, victims need to familiarize themselves with the current Rules put into effect by Decree of the Government of the Russian Federation of February 21, 2015 N150 “On amendments to the Rules for calculating the amount of insurance compensation in case of harm to the health of the victim "

Article to help:

Submit the documents to the insurance company.

Documents and an application for insurance payment are submitted in person or sent to the insurer by mail with a list of the contents and a receipt.

Acceptance of documents is registered with the insurance company, so you should obtain from the insurance company an inventory of accepted documents, certified by the signature of a company employee and seal.

Provide the car for inspection by the insurer.

The victim is obligated to do this by paragraph 10 of Article 12 of the Federal Law “On Compulsory Motor Liability Insurance”.

The law establishes a five-day period for fulfilling the above obligation.

The period is calculated from the date of filing the application for insurance payment.

If the car is damaged and it cannot be provided for inspection at the place specified by the insurer, then a note about this is made when submitting an application for insurance payment under MTPL.

Organizing an inspection of the damaged car and conducting an independent examination is the responsibility of the insurance company.

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Receiving insurance payment.

The application is reviewed by the insurer within a period not exceeding 20 working days.

The result of the review is the payment of insurance or a reasoned refusal to compensate for damage.

In the new version of the Law, when damage is caused to a vehicle, damage can be carried out both by payment of monetary compensation, and by organizing and paying for restoration repairs at a service station chosen by the victim in agreement with the insurer.

The insurer is obliged to pay the insurance or send for repairs within 20 working days from the date of acceptance of the application and necessary documents from the victim or send the latter a reasoned refusal.

If the insurance company violates the procedure and terms of payments under compulsory motor liability insurance, the victim has the right to file a lawsuit against the insurer.