Where to go in case of an accident under compulsory motor liability insurance

Procedure in case of an accident under compulsory motor liability insurance for the culprit and the victim in 2019

Even strict compliance with traffic rules does not provide a 100% guarantee that the driver will not get into an accident, and therefore you should know how to behave in the event of an incident. To simplify the process of receiving payment from the insurance company as much as possible, immediately after an accident you must adhere to a certain algorithm. The article will discuss actions in case of an accident under compulsory motor liability insurance for the culprit and the victim, as well as the nuances of contacting the Investigative Committee.

Algorithm of actions of the culprit of the accident

In the event of a traffic accident, the person responsible for the accident needs to pull himself together and make contact with the traffic police. To simplify and speed up the process of compensation for harm to the victim, the following procedure must be followed.

Do not change the location of vehicles or their parts. Turn on the hazard lights on cars and display emergency signs. In populated areas, signs should be placed at a distance of 15 meters from the accident site, outside the city - 30 meters.
Call an ambulance (if there are victims) and traffic police officers.
Record in a photo or video the location of the vehicles after the collision. Filming should be done in the presence of the victim. The photographs/recordings must show all damage to the vehicles. To avoid further disagreements, special attention should be paid to the victim’s vehicle.
Record the data of participants in the accident and eyewitnesses of the incident. Exchange contacts.
Tell the victim the details of your MTPL policy (document number, name of the insurer) and obtain similar information from him.
Fill out an accident notification for the company. It must be signed by all participants in the accident. The forms are usually issued by insurers when taking out a policy.
Check the correctness and completeness of filling out the documents about the accident and obtain them from the traffic police inspector.
Notify the insurer about the incident.

Paragraph 2.6.1 of the Traffic Regulations states that if the vehicles involved in the accident impede traffic on the road, then the drivers of the affected vehicles must clear the roadway. But before this, it is necessary to record the location of the vehicles and their parts immediately after the collision. The person responsible for the accident should not refuse to undergo a medical examination.

Traffic police officers who arrive at the scene must prepare and issue the necessary documents to the parties. If only cars were damaged as a result of the incident, they are:

road accident diagram;
certificate of accident;
administrative violation protocol.

If there are victims, this kit is supplemented with a medical certificate.

The punishment for this violation is deprivation of a driver's license for a period of 1-1.5 years or arrest for 15 days. Also, if the initiator of an accident flees the scene of the accident, the insurance company has the right to make a recourse claim against the insured after making compensation payments to the victim.

Registration of road accidents according to the European Protocol

Article 11.1 No. 40-FZ allows you to register a traffic accident without the participation of inspection staff. To do this, it is necessary to draw up a European protocol. According to this regulatory act, it is possible to record an accident without calling the traffic police if certain conditions are met:

there is an accident without injuries;
only two vehicles were involved in the accident;
Each driver’s car is insured under compulsory motor liability insurance;
damage, driver liability and other circumstances of the incident do not cause disagreement among its participants;
the amount of damage does not exceed 100,000 rubles.

The procedure for registering an accident according to the European Protocol:

stop the vehicle, turn on the hazard lights and display signs;
draw up an accident diagram;
record the location of the machines and their damage on photos or video equipment;
clear the roadway;
fill out the Europrotocol.

After signing the notification of an accident, drivers can drive away.

If the participants in the accident decided not to contact the insurance company, but to solve the problems on the spot, then the person at fault for the accident must obtain a receipt from the victim stating that there are no claims.

What should a victim of an accident do?

After getting into an accident, the victim needs to perform several additional actions, in addition to those indicated above for the initiator of the accident:

make sure personally that the guilty party has a compulsory motor liability insurance policy;
check the authenticity of the document provided (to do this, you need to contact the insurer of the culprit and tell him the policy number).

Other actions of the victim should be aimed at collecting information about the accident. It is recommended that, together with the person responsible for the accident, search for eyewitnesses, draw up a diagram of the collision and other manipulations that will help describe the incident in detail.

Actions of the victim after registration of an accident

The next step after properly registering the incident is to contact the insurance company. This must be done no later than 5 days from the date of the accident. When drawing up a European Protocol, the victim is given the same period. According to Art. 12 No. 40-FZ, in order to obtain insurance under MTPL, you must contact the company that caused the accident.

Within 15 days from the date of receipt of the full set of documents, the insurance company must inspect the vehicle and assess the damage caused. Until this moment, you cannot begin car repairs. The insurer has 20 working days to make compensation payments after acceptance of the relevant application.

If the victim does not agree with the results of the damage assessment carried out by the Investigative Committee, he can order an independent examination. If there are discrepancies, the result should be provided to the company. If the insurer does not accept the result of the independent assessment, the injured party can resolve the issue in court.

If the victim has provided an incomplete set of documents, the company is obliged to inform the victim about this within 3 days (if sent by mail) or on the day of application (if visiting the office in person) and point him to the missing papers.

Under compulsory motor liability insurance, not only damage to the health and/or property of the victim can be compensated, but also related expenses (for example, for the evacuation of a faulty vehicle, payment for an independent examination).

Required documents

To receive compensation for damage from the insurer, you must prepare and submit to him the following set of documents:

application for compensation for damage (the form can be obtained from the insurer);
notification of an accident;
certificate of accident;
driver's license;
PTS;
protocol on an administrative offense or refusal to initiate proceedings;
the result of an independent examination of the vehicle (if available);
receipts confirming payment for tow truck services (if available);
receipts for payment for medical services not included in the compulsory medical insurance program (if available).

When filing an application for compensation for losses, the victim should be aware that the maximum possible amount of compensation is determined at the legislative level. If the damage exceeds this value, then the difference can be claimed directly from the person responsible for the accident.

According to Art. 7 No. 40-FZ the maximum amount of insurance payments is:

500,000 rubles for causing harm to life or health;
400,000 rubles for damage to property.

"Auto Citizen" protects the responsibility of the driver in relation to other road users. When an insured event occurs, it is important to know how to behave correctly in an accident under compulsory motor liability insurance. This facilitates the procedure for obtaining compensation for victims and reduces the likelihood that the company will have a recourse claim against the culprit.

Procedure in case of an accident under compulsory motor liability insurance in 2019

This type of insurance allows you to pay for damages after most accidents. Despite this, not all drivers know in detail how compulsory motor liability insurance works in case of an accident. Our review will eliminate gaps in knowledge and allow better on-the-spot guidance in situations that are considered critical.

In fact, this insurance is mandatory for all drivers (with the exception of owners of vehicles traveling at speeds up to 20 km/h) - this policy covers motor third-party liability. If a citizen does not insure his car and turns out to be the culprit of the accident, then the insurance compensation will not be paid. Thus, OSAGO is intended to pay monetary compensation to the injured innocent party to compensate for damage caused to health, life or property. Expenses arising as a result of an accident are paid by the insurance company of the person responsible for the accident; the driver himself does not make payments. Currently, the maximum amounts provided for this policy are established:

400 thousand rubles for compensation of property damage;
500 thousand rubles for compensation for damage to the health and life of a participant in an accident (the amount is indicated per person).

Compensation for moral damage or lost profits is not provided under compulsory motor liability insurance.

There are situations when the insurance company may refuse to pay:

The driver was a person not included in the insurance. An exception is insurance issued for an unlimited number of persons.
The accident occurred at a specialized site during an experimental or training activity.
The accident occurred on the territory of the enterprise while performing loading and unloading operations or while an employee was performing his job duties.

If the driver did not have the right to drive the car, caused harm intentionally, was under the influence of alcohol, drugs or toxic substances, or fled the scene of the accident, the insurance is still paid, but the insurer can go to court and recover the costs incurred from the culprit.

What should the culprit do in case of an accident?

When an accident occurs, it is important for the culprit not to panic and not to leave the scene of the accident in order to try to avoid responsibility; this most likely will not work, and more troubles will arise. Nowadays, with the development of technology, finding a driver by car number is not difficult. Therefore, it is extremely important to know how to act after an accident under compulsory motor liability insurance if the driver is the culprit of the accident. Correct behavior in such cases helps to minimize possible negative consequences. In general, the algorithm for the actions of the culprit after a car accident under compulsory motor liability insurance is extremely simple:

1. Call the traffic police. If the accident is minor and there are no disagreements between the participants, it is possible to reach an agreement without involving third parties and draw up a Europrotocol. If not only the car, but also another person was injured, first of all you need to call an ambulance.

You cannot move the vehicle to another location or move its parts. Emergency signs must be posted on roads. However, if there are no casualties or critical damage to the vehicles, the vehicle must be removed from the roadway after recording all the details on the accident diagram.
It is necessary to take video or photograph of the scene of the incident - this is done in the presence of the victim. The video recording or photographs should show the position of the vehicles after the collision, their damage and other details characterizing the accident. The victim’s car is carefully inspected, all damage is necessarily photographed in order to avoid further disagreements regarding compensation for damage.
It is necessary to record the personal and contact information of all participants in the accident and witnesses.
Insurance information should be exchanged with the victim. Contacts of insurance companies are transmitted; if there is a CASCO policy, its number is also recorded.
It is necessary to issue a notification of an accident; all participants in the incident must sign it.
You need to find out when a decision on an accident will be made; if this is done by a police officer on the spot, read it carefully. When the culprit does not agree with some facts when registering an accident, he makes an entry about this in the protocol, after which he can challenge the conclusion of the accident within 10 days.
At the end of the procedure, obtain and check the correctness of the documents regarding the accident: a certificate of the accident, a protocol and a resolution on an administrative offense.
Notify your insurer.

According to Article 11, 11.1 of the law on compulsory motor liability insurance, when drawing up the Europrotocol, both parties need to send their copy of the document to the insurance company. Duration – 5 days. Then the insurers must receive a request to send the vehicles for inspection (this is given 5 days from the date of receipt of the letter).

A European protocol can only be issued in case of a minor accident if the following conditions are met:

there are no victims or injured;
the amount of property damage does not exceed 100 thousand rubles;
there are only two participants in the accident, and each of them has a valid MTPL policy;
no other property damage was caused other than damage to the vehicle;
the parties have no disagreement regarding the incident.

The document is filled out with a simple pen on both sides; the circumstances of the accident must be stated in a concise and clear form.

What to do if you are in an accident and you are not at fault

First of all, you need to call the traffic police to draw up a report. You cannot move the car until the traffic police arrive. The scene of the incident and the damage must be filmed or photographed. You will also need to obtain from the person at fault the contact information of his insurance company. In addition, the victim has the right to demand that the traffic police officer send the person responsible for the accident for a medical examination to identify possible alcohol or other intoxication.

According to Art. 11 The correct actions of the victim after an accident under compulsory motor liability insurance should be the following sequence:

It is necessary to call the offender’s insurer and tell about the incident and, if necessary, answer questions.
Write a claim for damages and submit it to the insurance company. Typically, a representative of the insurer inspects the vehicle, and this procedure must be carried out in the presence of the person at fault. If the damage is serious, you will need to invite an expert.
Make copies of documents regarding the accident provided to the insurer (it is recommended to do this according to the inventory). It is fundamentally important that the date of acceptance is indicated on the document, since the day of payment depends on it.
Wait for payment. The insurance company must transfer the money within 20 days after receiving the documents, otherwise a penalty will be charged for each day of delay.
Repair the vehicle.

The insurance payment may not cover the repairs, and this is normal, since the reimbursement is an approximate calculation. If the total cost of repairs does not fall within the established limit, you simply need to keep the receipts for the missing amount and provide them to the offender’s insurer.

European protocol or certificate of accident;
notification of an accident;
protocol on administrative violation;
rights;
documents confirming ownership of the car;
power of attorney for the car (if necessary);
OSAGO policy;
account details for transferring money.

If an examination was carried out during all the activities, documents related to it are also provided: a conclusion and receipts for payment for services. When evacuating a car, additional documents confirming this fact are issued.

Is the culprit required to notify his insurance company?

The correct actions of drivers who fall into this category are extremely important. Since not everyone who causes an accident clearly understands what to do with the insurance company responsible for the accident, some of them may not report the incident. It is the responsibility of the person at fault to notify your insurance company. This requirement is established by Article 11 of OSAGO. Otherwise, the insurer may either refuse to pay or recover through court the amount of its costs from the culprit.

When talking with a representative of the insurer, the driver must inform him that he was the culprit of the accident and provide the following information:

number of road accident participants;
place and time;
data on vehicles (numbers, brands, production dates);
information about the presence of victims and injured people, as well as their condition.

What to do if the culprit of the accident does not admit his guilt

Sometimes during an accident a controversial situation arises in which it is difficult to identify the offender, or he refuses to admit his guilt. Many do not know what to do in this case and make the situation unacceptable. In this case, the correct procedure if the culprit does not admit his guilt is the following algorithm:

leave the car in its original condition, but you need to turn on the hazard lights and put special signs on the road;
call a traffic police officer to record the incident;
contact the insurance company;
contact the traffic police to document all the facts that influence the court's decision on the person at fault - witnesses to the incident must also come and provide their testimony.

In a situation where the offender does not admit his guilt, it is better to seek the help of a competent lawyer. Sometimes traffic police officers offer to wait two months and come to an agreement with the culprit, because after this period a protocol on the administrative violation can no longer be drawn up. But this is fraught with problems with obtaining compensation from the insurer, because all companies require the immediate provision of documents regarding the accident.

Sometimes it happens that the culprit, who previously admitted his guilt, subsequently retracts his words and goes to court. In this case, the victim will have to prove his case in court proceedings, and this procedure may drag on for several months.

The refusal of the violator to admit his responsibility is a common practice, because under compulsory motor liability insurance payments are due only to the victim. Therefore, it is important to independently video and photograph the scene of the accident, give clear testimony when drawing up a protocol, and keep copies of documents about the accident. All this will help you prove your case in court.

Does compulsory motor liability insurance apply if the incident occurred in a parking lot or in the yard?

A car can be damaged not only in an accident. Moreover, not all drivers are able to quickly figure out what to do if they grind or scratch their car in the yard or in the parking lot. If the car is damaged as a result of a collision with another vehicle, this is an insured event under the MTPL policy, for which compensation is due. When the damage was caused by a pedestrian, a third-party object (for example, an icicle or a tree branch) or the owner himself, insurance is not required.

In case of an accident, only the victim will receive payment under the compulsory motor liability insurance policy. To do this, he needs to record the fact of the accident with the help of a traffic police officer or by drawing up a Europrotocol. Documents regarding the accident are submitted to the insurance company of the culprit, and payment is made within 20 days. The law sets maximum limits for compensation amounts. If the offender refuses to admit his guilt, the other party needs to contact the traffic police or court.

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Let's find out where to go in case of an accident under compulsory motor liability insurance: your insurance company or the culprit?

Even the most professional driver is not insured against an accident. You can get into an accident even if your car is parked on the side of the road.

Therefore, today all car owners are required to go through the procedure of insuring their civil liability to third parties, and if an accident occurs due to the driver’s fault, the insurance company will pay the victim for the damage caused (read about whether insurance is paid to the culprit himself). In this article we will analyze this situation in detail, and in particular the rules for submitting documents to the culprit’s insurance company and much more.

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, please use the online consultant form on the right or call +7 (499) 938-40-67. It's fast and free!

Road traffic accident – what is it?

What is an accident? This is an event that occurs during the movement of a car on the roadway and with the participation of this vehicle, in which damage was caused to vehicles, people were injured or killed, damage was caused to cargo, buildings, etc.

Which company should I go to after an accident?

The driver can submit his application for payment to the insurance company with which he has an agreement if:

If no more than two cars were involved in the emergency.
If the accident caused damage only to vehicles.
If both participants in the accident have valid auto liability policies (what if the person at fault has a fake policy?).

If at least one of the above conditions is violated, then there is no point in contacting your insurance company and you should send the entire package of documents and the application to the company with which the guilty person has an agreement. Many insurance specialists recommend that immediately after an accident you contact not your insurance company, but the insurance organization of the culprit.

If in an accident not only the car was damaged, but also harm was caused to the health or lives of people, then you need to contact the company that caused the accident. If you are a victim and you do not have a compulsory motor liability insurance policy, then you can contact the insurance company of the culprit and they will be obliged to pay you. However, you should understand that in this case you face a fine from the traffic police. And if you are at fault and you do not have a policy, then get ready to compensate the damage caused to the victims from your own pocket.

There are situations when the maximum amount provided for under compulsory motor liability insurance is not enough to cover the amount of damage caused to the victim; in this case, the difference will also have to be paid by the culprit. You must decide for yourself whether you should contact your insurance company or the insurance company of the culprit. In any case, the process of considering the circumstances of the insured event in order to identify who was at fault and who was the victim in the accident is identical.

It doesn’t matter whether you apply for compensation to the company of the culprit or write a statement to your insurance company, in any case, any insurance organization will inspect the car, assess the damage and other procedures.

When the insurance company of a victim in an accident compensates him for the harm caused by the culprit, this procedure is called direct compensation for losses (DLP). If the victim’s company compensates for the damage caused by the culprit, then in this case it acts on behalf of his insurance company.

Direct compensation for damages

Direct compensation for losses is the situation when a victim in an accident applies for payment of compensation not to the insurance company of the guilty party, but to his own, with which he has concluded a compulsory insurance agreement. However, although the law turned its face to drivers, it still limited such compensation for damage to a number of mandatory conditions, which in this case must be fully observed.

You may not count on compensation for damages from your insurance company if:

You have already submitted an application for payment of compensation to the company where the contract was concluded with the guilty party.
If during an accident you and the culprit used the simplified procedure for registering an accident, i.e. You drew up the European Protocol and you did not call the traffic police officers to the scene of the accident, but as a result it turned out that the European Protocol was filled out incorrectly or incompletely.
If you and the culprit of the accident have disagreements regarding the circumstances that led to the emergency, and there are also disagreements regarding the nature of the damage.
If the client wants to receive compensation only for moral damage, environmental damage or compensation for lost profits.
The accident occurred on the road as a result of a competition, training ride or test.
In the event that the damage was caused to securities, antiques, items that are of a religious nature, or works of human intellectual property (manuscripts, books, paintings).
If the fact of an identified traffic violation is disputed in the courts.
You notified the insurers about the insured event that occurred after the established deadline.
They may also refuse payment in some other situations that are provided for in the agreement of RSA members.

The mechanism for receiving compensation payments according to the rules of the PES is quite simple. In order to receive compensation from your insurance company, you will need to provide the company with a complete list of documents required in this case. Next, you will need to receive a referral from the Investigative Committee for which you will need to undergo an examination, and you also have the opportunity to order an independent examination.

If you promptly provided the insurance organization with the entire list of necessary documents and passed the examination, then your insurer will have to make a decision on the possibility of paying compensation based on your documents. If a positive decision has been made against you by the Investigative Committee, the amount of compensation will be transferred to you to the account that you indicated in the relevant application. Further actions of the victim's insurance company no longer concern the insurance company and the insurance company independently deals with the culprit's insurance company. You can find out more details about whether an insurance company can recover money from the person at fault in an accident in our article.

Of course, each system has its own nuances and very often insurance companies quickly pay their clients small amounts, but if we are talking about compensation for major damage, then the insurance company is more likely to find a reason to send its client to the insurance company of the culprit.

Submitting documents to the culprit's Investigative Committee

If your insured event does not meet the conditions under which direct compensation for harm is possible, then you will have to write an application for compensation to the insurance company of the person responsible for the accident.

Most often this situation occurs when:

There are people injured in an accident.
More than two cars were damaged in the accident.

In principle, the process of contacting the culprit’s investigative committee is similar to the process of contacting your own investigative committee. The list of required documents, as well as the activities carried out in this case, are absolutely the same. In the event that the license of the culprit’s insurance company was revoked or the culprit of the accident is missing (has not been found), then you should contact RSA for payment of compensation (we told you what to do if the culprit fled the scene of the accident here). In this case, RSA will be obliged to fully compensate your damages.

In the event that the insurance company of the guilty party does not fulfill its obligations or refuses to pay you without explanation, you will need the help of a competent lawyer. You may have to first file a pre-trial claim with the Investigative Committee, and if you do not receive any response from the company, you will have to file a statement with the court.

Online insurance: where to go after an accident - what to do?

It doesn’t matter whether the client signed up for his compulsory insurance contract online or did it at the company’s office, in any case, he should report the accident to his insurance company as soon as possible. You must do this within 5 working days from the date of the insured event.

In order to determine what amount of compensation you are entitled to, employees of the company where you have a contract will have to carry out an independent assessment of the damage and an examination. All these procedures must be completed no later than 5 days from the date you submit all the necessary documents.

Insurers are required to agree with the victim on the place and time of the inspection or examination.

If the time and place were appointed, but for some reason the victim did not arrive, the examination will be postponed. But you should not delay the examination, as in this case the payment of compensation will be delayed. Documents submitted by victims must be reviewed within 20 working days, and during this period the insurance company must calculate the amount of compensation payments.

No later than 20 working days, the victim must receive compensation in cash or a referral for repairs. More information about payment deadlines established by law can be found here.

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Payments under compulsory motor liability insurance in case of an accident: where to apply for the victim

Within the framework of the law, every driver must buy compulsory motor liability insurance. It is this agreement that is guaranteed to cover the costs of the party at fault in the accident. When registering, each motorist must clarify where to go after an accident under compulsory motor liability insurance for the victim and how compensation is paid. In this article we will consider the main issues related to losses and how much you can expect. We also note where the complaint should be sent if an illegal refusal is received.

Which insurance company should the injured person contact?

If, when a mandatory product was introduced, the driver could only contact the office of the culprit’s insurance company, now everything is different. The party injured in an accident, within the framework of the current law, can contact the company that issued the auto liability form.

To exercise this right, the following conditions must be met:

two vehicles are involved in the accident;

there are no victims who suffered harm to life or health;

the victim and the culprit have compulsory motor liability insurance.

If the above conditions are met, you can register an insurance event and contact the insurer to receive money to carry out repair work. If, as a result of an accident, harm is caused to a passer-by or a participant in the traffic, or three or more cars are involved in the accident, then you can write an application for payment only in the company of the guilty party.

Who will make the payment if the culprit does not have compulsory motor liability insurance?

A very common situation, as a result of which the guilty party does not have a valid MTPL agreement. In this case, some drivers do not know how to record the case and where to receive funds. In fact, everything is simple and there are two options for receiving money.

Who will pay the funds:

The guilty party, namely the driver himself. Drivers often resolve the issue on the spot to save time. To do this, the amount of damage caused is determined, and funds are transferred against a receipt. Drivers can determine the damage either independently or with the help of a specialist at the station. As for the receipt, it is drawn up in one copy and remains with the guilty party. The victim who receives the funds, if necessary, can make a copy for himself.

Financial institution where the victim purchased compulsory motor insurance

If the culprit refuses to voluntarily pay compensation to the victim, then it is necessary:

record through a police officer;

visit the office of a financial company;

receive compensation.

After payment, the insurer itself recovers the funds from the person responsible for the accident in court. It is important to take into account that in addition to the damage, you will need to pay all the costs of conducting the case.

Important! If payment is required under compulsory motor liability insurance in case of an accident with victims, then you must attach all certificates confirming the costs of paying for treatment.

Where to go if the culprit of an accident escaped

An unpleasant situation that some drivers face is when the at-fault party leaves the scene of an accident. For example, you leave your house or store and notice damage to your “iron friend”. Not everyone knows what to do in such a situation for the victim and they make one big mistake - they leave the scene of the accident and make repairs at their own expense.

In this case you will need:

call the local police officer and ask him to record the damage received;

visit the insurer and write a statement indicating that the culprit of the accident has not been found;

wait until the guilty party is found.

To speed up your search, you can check on your own whether there are cameras nearby that could record the insured event. However, only authorized traffic police officers will be able to request the recording. However, this must be done as quickly as possible, since most records are stored on the server for no more than 3 days.

Where to write an application for payment

An application for payment of compensation can be written at the office where the form was issued or you can visit the company of the guilty party.

In this case, only the owner of the car or another person can write an application on the basis of a notarized power of attorney. You must have a complete package of documents with you.

Important! A number of companies accept applications remotely: by phone or on the main portal. To do this, you must send all documentation by mail (high-quality photographs). Today Tinkoff is accepting appeals remotely.

List of documents with samples for receiving payment

When making a visit to the office of the insurance company, you must present a complete list of documents in advance. Be prepared to present:

Original OSAGO form. If the contract form is lost, you should initially contact your insurance representative to restore a duplicate.

Passport of the owner of the car or other person, which is valid on the basis of a notarized power of attorney.

The original form of the notarized power of attorney, if another person is in charge of receiving the payment.

Certificate from the traffic police.

A document to the hospital confirming the damage caused.

Application for receiving money.

As for the application, in practice it is issued by the insurance company. It will need to write:

personal and passport information;

car characteristics;

the nature of the injuries received;

date and place of the insured event;

details of the guilty party;

insurance policy information of both the victim and the perpetrator.

For convenience, you can download a sample application on our insurance portal.

What are the payment limits?

Every car owner must know that insurance compensation limits are established for auto liability. In this case, the maximum limit is provided for each victim.

Each victim is entitled to:

no more than 400 thousand rubles, if the damage was caused directly to the vehicle;

no more than 500 thousand rubles if the driver, passengers or pedestrians were injured during an accident.

In the first case, the amount of damage is determined very simply. The party injured in the accident provides the car to an employee of the financial institution for the purpose of conducting an inspection and recording damage. A number of companies do not do the assessment themselves, but send it to an independent expert.

As for health, a special table of payments for compulsory motor liability insurance has been approved at the legislative level, which specifies fixed amounts of compensation, depending on the nature of the injuries received.

all motorists to download the table on our portal and carefully study the amount of possible payments. If necessary, you can always ask a question to our specialist, who works on the site around the clock.

Deadline for submitting documents

Compensation is paid to the victim of an accident if the motorist contacts the insurer's office within the time limits established by law and submits a complete package of documents.

If the accident is recorded according to the European protocol, then you must write a statement within 5 days from the moment the event occurred. Otherwise, the organization will refuse to transfer money legally.

If a passenger is killed or injured as a result of an accident, traffic police officers are called in and draw up an official report. You can apply for payment within 3 years from the date of registration. This period is considered the limitation period. However, experienced experts advise not to delay and visit the insurer’s office as soon as possible. This will allow you to receive payment and repair the car.

Payment term

As for the timing of payment of compensation, they are the same in all companies. It doesn’t matter where you apply for payment, your company or the culprit, the organization is obliged to make transfers within 20 days. The report date starts from the date of submission of the last document.

If the case is resolved in court, the time frame may be extended to several months (to be decided individually).

Where to complain to the insurance company if they refuse to pay

Often, insurance companies refuse to pay, whether legally or not. They can legally refuse if:

documents were filled out incorrectly in case of an accident;

the culprit does not have a policy;

the conditions for submitting documents have been violated.

If you are sure that the organization made the refusal illegally, then you should defend your rights and file a complaint with the appropriate authorities.

In order to leave a request to the RSA, you must visit the official portal. The “Contact the RSA” section contains all the necessary information: where and how to send a complaint.

Every car enthusiast can write a request. If possible, please attach a scan of the refusal. As practice shows, all requests are processed as quickly as possible, within 5-7 business days.

Rospotrebnadzor

As for filing a complaint with Rospotrebnadzor, it is submitted in person, in the region where you are located. The document is drawn up in free form. All you need to indicate:

personal and passport information of the injured party;

vehicle information;

where and when the accident occurred;

outcome of the case;

reason for refusal.

The following should be attached to the application:

personal passport;

document for the car;

a copy of the protocol, if available;

refusal from the insurance company.

You can also send an appeal to the Central Bank of the Russian Federation. You can submit an appeal either remotely, on the official portal, or in person. As for the processing time, in most cases they do not exceed 7 days.

Features of compensation under the European protocol

Under the compulsory motor liability insurance agreement, each victim not only has the right to compensation, but also to fix the loss according to the European protocol. This saves significant time, since you do not need to call traffic police officers or pay for the services of an emergency commissioner.

A case can be recorded according to the protocol only if:

there were no injuries in the road accident;

only two cars are involved;

the amount of damage does not exceed 100 thousand rubles.

Read more: How to terminate an agreement with a car dealership and a bank
Attention! As for the amount of damage, a maximum limit of 400 thousand rubles has been established for motorists in Moscow and St. Petersburg. Within the specified limit, you can independently record the event by drawing up a notice of a traffic accident and contact the insurer for payment.

In conclusion, it can be noted that each victim is entitled to a payment under compulsory motor liability insurance. In this case, you can apply for compensation either to your company or to the culprit. To receive money you must have a complete package of documents.

If you received a payment under compulsory motor liability insurance, then please share your experience and tell other readers of our portal how to quickly receive compensation. All you need to do is write in the “Add a comment” section.

Additionally, we offer all readers the help of our expert, who will provide an answer to any question regarding insurance as quickly as possible.

The payment under compulsory motor liability insurance if the culprit of the accident fled is discussed in more detail below.

Where to contact the victim in case of an accident under compulsory motor liability insurance

Every accident is a stressful situation that affects the driver’s subsequent actions.

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Therefore, at this stage it is necessary to follow the rules and recommendations from the company where the compulsory car insurance was issued. Then you should decide where to contact the victim after an accident under compulsory motor liability insurance – your organization or the person responsible for the accident?

Your insurance or the culprit

The best option would be to notify the company immediately upon the occurrence of an insured event. The organization's contacts must be on the policy or in the brochure. After this, you need to follow the necessary procedure - check the compulsory motor liability insurance policies of all participants, wait for the traffic police to arrive and check that the documents are filled out correctly.

To receive compensation payments, you can contact your insurance company or the person at fault for the accident.

In the first case, this is done only if the following conditions are met:

no more than two cars were involved in the accident;

each driver has a valid MTPL policy;

there was no damage to health, it is only necessary to restore the original condition of the car.

In all other cases, it is recommended to contact the insurance company of the person responsible for the accident. This must be done if a fake policy has been identified - the information is posted on the original form, but the data was not entered into the RSA database. According to current legal provisions, the insurer is still obliged to compensate for the damage.

If there is no policy, the compensation amount must first be claimed through a pre-trial claim. If the culprit is unwilling to compensate for losses, a package of documents is submitted to the court.

In case of a complex accident involving several cars, 3 or more, and damage to health, you need to contact the insurance initiator of the accident for payment.

Rules for creating a package of documents

After checking the documentation at the scene of the accident, an expanded package should be prepared for presentation to the insurance company. It is submitted personally by the victim or his representative with a notarized power of attorney. The last option is applicable if the driver is physically unable to visit the insurer's representative office. An alternative is sending by registered mail.

To begin consideration of the compensation case, you need to prepare the following documents:

Application for insurance payment. A standard form is filled out, which can be downloaded on the insurance company’s website.

Notification of an accident. A blank document is issued after registration of compulsory motor liability insurance and must always be with the driver. It is also a form for drawing up the Europrotocol.

Information about an accident. Compiled by traffic police officers.

Road service protocol. A decision to open or not a civil case regarding the incident.

Personal information. This includes identification documents, a driver’s license, and a vehicle inspection form.

Medical certificate. It is necessary in case of harm to health as a result of an accident.

Additional expenses. This could be payment for parking or a tow truck.

The submission period is currently limited to five business days . But this does not negate the opportunity to apply later, since in this case the statute of limitations will apply, which is limited to 3 years .

During reception, you should check the fact that they are included in the register of incoming documentation. The applicant must also be given copies certified by the seal of the insurance company and with the date of their receipt.

Is it worth taking out OSAGO from Liberty Insurance? Watch now.

Where to contact the victim after an accident under compulsory motor liability insurance

Having submitted the required package of documents and verified that they are correct, the insurance company is obliged to review them within 20 working days. To do this, an analysis of the condition of the car is carried out, and the circumstances of the accident are carefully studied.

The formation of compensation payments occurs according to two criteria - the life and health of the victims and the degree of damage to property. In the latter case, not only the car is examined, but also other personal belongings damaged during the accident.

The maximum amount of payments under compulsory motor liability insurance is fixed at the legislative level and is:

400 thousand rubles - for the restoration of the car, compensation for damage to property;

500 thousand rubles – for harm caused to health.

But you need to remember that these amounts will be distributed among several injured parties if several cars were involved in the accident. The remaining funds above the limit must be demanded from the person at fault for the accident.

Direct losses can be compensated by your own insurance company. You should contact it if the above conditions are met.

From January 1, 2019, the insurer will have priority in repairing the car rather than in paying for its repair to the victim. This may cause disagreement, since it is in the company’s interests to reduce costs, which theoretically will affect the quality of repairs.

If there are delays in payments, it is necessary to file a pre-trial claim and indicate that by doing so the company is violating current legislation . The organization will be charged a penalty of 0.1% for each day of delay. In addition, in accordance with Article No. 13 of the Law “On the Protection of Consumer Rights,” an additional payment will be established in court, the amount of which may be 50% of the total.

Compensation under the European Protocol

To simplify the investigation at the scene of the accident, a procedure for drawing up a Europrotocol was introduced. Its essence lies in independently completing the necessary documents to receive payments, without the participation of traffic police officers. This will save time and result in less burden on insurance companies.

The registration of an accident occurs on a notification form, which is actually a European protocol.

In this case, the following conditions must be met:

no more than 2 drivers ;

everyone has a valid MTPL policy;

the total amount of claims does not exceed 50 thousand rubles ;

the culprit was identified on the spot and agreed with the violations.

To receive the insurance amount, a standard package of documents is collected, with the exception of certificates from the traffic police. You need to contact your company where the MTPL agreement was drawn up.

From 2019, the maximum amount under the Europrotocol will be increased to 100 thousand rubles . But for Moscow, St. Petersburg and their regions it is already 400 thousand rubles.

But despite the positive aspects of this procedure, insurance companies are wary of the submitted documents . This is due to frequent attempts at fraud by drivers. Therefore, to increase the likelihood of a positive decision, it is recommended to call the company commissioner to the scene of the accident and first take photos and videos of the incident. It is advisable to obtain testimony from witnesses.

Where to complain about an insurance company

Cooperation with an insurance company under compulsory motor liability insurance is supported by a standard agreement that describes the rights and obligations of the parties. If the insurer does not comply with some of them or violates the norms of current legislation, you need to know where to complain and what to do about it.

Common types of violations may include the following:

refusal to pay compensation. It must be reasoned, with obligatory reference to current laws.

Delay in receiving funds. The insurance company is obliged to pay within 20 calendar days, then a penalty is charged for each day of delay.

Artificial reduction of the amount. This could be an incorrect examination of the condition of the car, or the rejection of additional expenses - for treatment, a tow truck, or a parking lot.

Extended OSAGO. This often happens when additional services are imposed. These include increasing the maximum amount of compensation and expanding the list of insured events.

An incorrect KBM was used in the calculation. This can significantly increase the cost of compulsory motor insurance.

Requirement to provide additional documents not included in the standard list. This is done to delay the consideration of the case.

If the insured person noticed the violations described above, he must file a written claim with the organization. The company is obliged to respond within 5 calendar days. Otherwise, the policyholder may contact the regulatory authorities to resolve the conflict situation.

It is advisable to submit documents for payment under compulsory motor liability insurance in person. Read more in the article.

Compulsory motor liability insurance can be obtained from Euroset. Read how to do it.

The Russian Union of Auto Insurers is the main regulatory organization that controls the work of companies. It has effective leverage on the activities of insurers and is not a commercial structure.

To file a complaint, you must complete the following steps.

Go to the RSA website in the “Contact RSA” section.

Download the standard application form.

Fill it out according to the recommendations.

Send by email, registered mail, or deliver in person at the office in Moscow.

It is important to indicate which legal provisions were violated by the insurance company. The response must be received within 20 calendar days. If its content does not meet legal requirements or is not complete, you can file a complaint with other authorities.

Central Bank

The Central Bank of Russia is the main regulatory body, which is responsible for the work of all insurance structures in the country. In addition, banks and similar organizations are under its jurisdiction.

When filing a complaint, it is important to indicate the actual address and name of the insurance company.

If violations were recorded by its representative, a statement is still written to the parent organization. But before that, it is necessary to try to resolve the conflict by other means.

Procedure for filing a complaint against an insurance company.

Go to the Central Bank website in the “Internet Reception” section.

Activate the “Submit a complaint” button.

In the “Insurance Companies” menu, select the required section.

Please fill in all fields correctly on the application form.

It is imperative to attach scanned copies of correspondence with the insurance company, refusal of payment or other documents confirming the illegality of the actions. The processing time for a case can be up to several months.

Rospotrebnadzor

The function of Rospotrebnadzor is to control the quality of services to the population and respect for consumer rights. To file a complaint against an insurance company, go to the “Complaint from Citizens” section and select the “Complaint Form” item. When filling out the fields, you should check the correctness of the information and provide only factual data about violations.

It is recommended that you first familiarize yourself with the general rules for applying to the structure. They are on the same page of the site. An alternative to an electronic complaint may be a personal visit to the organization. But this will take more time and will not affect the efficiency of solving the problem.

The MTPL legislation allows consumers to protect their rights at all stages of compulsory motor insurance. It is important to know the rules for contacting a particular organization and follow the recommendations of specialists. In this case, the solution to the issue will be relatively quick.

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.

All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

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