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Collision with an obstacle registration of road accident comprehensive insurance

What to do with the registration of road accidents under CASCO and collisions with obstacles? What package of documents do you need to collect?

Often, drivers do not know how to act after an accident because they do not study the rules for filing an insurance claim described in the CASCO policy.

Meanwhile, the success of receiving an insurance payment or referral for repairs depends on the correctness of filling out the documents.

In this article we will look at what a road accident under CASCO is, as well as a list of insured events.

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What is an accident under CASCO? List of insurance cases

Unlike MTPL (what is the difference between CASCO and MTPL?), where only traffic accidents with two or more cars are considered as part of the insured event, a road accident under CASCO has a broader meaning, for example:

  1. Hitting a stationary object (tree, fence, curb, bump stop, etc.).
  2. Hitting a person or animal.
  3. Drive into the ditch.
  4. Accident involving one or more vehicles.
  5. The insured car is hit by an object thrown from the wheels of another vehicle (for example, a stone hitting the windshield).
  6. A car wheel falls into a pothole.

Damage to a car as a result of any of the above cases is considered a traffic accident and is an insured event under CASCO.

What documents need to be provided to the accident insurance company?

To receive insurance compensation, the car owner must provide the insurance with a package of documents necessary so that the company can verify the authenticity of the event. As a rule, the list of such securities is regulated by the insurance rules, which the policyholder undertakes to comply with when signing the policy upon purchase.

The list is as follows:

  • insurance claim;
  • documents from the traffic police (certificate No. 154, protocol, resolution on imposition of punishment or determination of the absence of offenses);
  • car registration certificate;
  • the driver's license of the person who was driving at the time the car was damaged;
  • insurance policy and receipt of payment.

In addition to the papers, the insurer will require that the damaged vehicle be presented for inspection; based on the results of the inspection, a corresponding report will be drawn up. It indicates all the defects the car received as a result of an accident, as well as the type and amount of work required to eliminate them.

Before signing this document, you need to read it carefully in order to avoid disagreements with the company in the future.

This way, the expert will be able to reliably determine the extent of damage to body parts.

Certificate about a traffic accident

The certificate from the state traffic police has a standard form approved by regulatory documents. It indicates the details of the drivers and the vehicles they own, as well as the circumstances of the event.

In addition, all damage to the car is included in the document.

It is recommended to ensure that the inspector provides the most complete list of parts that have mechanical damage as a result of the accident.

This is done to avoid future disputes with the insurance company regarding the amount of damage.

The terms of some insurance policies allow you to receive payments without registering an accident with the traffic police. In this case, the insurer considers the claimed event based on the circumstances of the incident described by the car owner in the application.

As a rule, not every accident can be registered without certificates from the traffic police.

The conditions for such payments are contained in the CASCO rules and may be as follows:

  1. no more than one or two insured events during the policy period;
  2. accidents in which there is no second participant (hitting an obstacle, for example);
  3. An accident in which one or two body parts or only the glass are damaged.

It is necessary to study the circumstances of incidents in which payments are allowed without certificates from the competent authorities. Because if the driver declares in this way an event that, according to insurance rules, should have been registered with the traffic police, the insurer will simply refuse to issue a referral for repairs.

What are the deadlines for applying for CASCO insurance after an accident?

All actions of the insurance company and the car owner are recorded in the insurance rules, including the deadline for reporting an accident.

During this time, the driver must submit a written application and attach available documents to it. If at this moment the driver has not yet received all the certificates from the traffic police, they should be delivered later.

In addition to the application, the car owner must notify the insurance company about the accident in any way available to him as soon as possible. In most cases, drivers call the company's office directly from the scene of the accident.

Having informed the operator about the event, the policyholder receives qualified advice and a visit from an emergency commissioner, if this is provided for by the terms of the contract.

Do not be upset about missing the deadline for notifying the company about an insured event. In accordance with the Civil Code of the Russian Federation, the statute of limitations for property insurance contracts is 2 years.

Thus, despite the conditions specified in the CASCO agreement, the driver may be delayed in providing notification for several years. However, there must be compelling reasons for such a delay, and the damaged vehicle must be kept in the same condition as it was after the accident.

How to apply for CASCO insurance in case of an accident - step-by-step instructions

Registration of an accident under CASCO is no different from registration of a regular accident. The actions of drivers in the event of a collision are established by the Traffic Rules, namely clauses 2.5 and 2.6.

According to these points, car owners are obliged to:

  1. stop cars;
  2. turn on the emergency lights and install a special sign on the road;
  3. check if there are any wounded, if necessary, provide assistance to them and call an ambulance;
  4. Call a traffic police inspector if required.

An emergency commissioner and, if necessary, a tow truck will be invited to the scene of the accident. Since after a collision, drivers are usually in a stressful situation and may forget to take any actions, calling the insurance company will be the best solution both in terms of timely notification of the insured event and in order to receive qualified assistance.

Depending on the insurance conditions, an emergency commissioner goes to the scene of the accident. Its function is to provide support to the policyholder and draw up an inspection report for the damaged vehicle. In addition, the Commissioner may:

  • accept an insurance claim;
  • obtain certificates from the traffic police;
  • issue a referral for car repair.

The list of services provided by an emergency expert at the scene of an accident depends on the insurance program.

How does registration proceed in the event of a collision with an obstacle?

What to do with the registration of an accident CASCO when hitting an obstacle? In the event that there is no second car in the accident, for example, when hitting a road fence or curb, and insurance rules allow the event to be recorded without the traffic police, the driver only needs to contact the company to receive a referral for repairs.

If, under the terms of the insurance contract, the car owner is required to provide traffic police certificates for each accident, the procedure will be exactly the same as in the case of an accident with two participants.

How to file an insurance claim: procedure

In addition to an accident, a car can be damaged as a result of other events that are insured events under CASCO:

  1. body scratches caused by hooligans (for example, scratched in the yard);
  2. broken glass (how to replace glass under a CASCO policy?);
  3. car fire;
  4. theft (how to insure a car against theft?);
  5. damage from hail, trees or branches falling due to strong winds;
  6. animal attack (rats, cats, stray dogs).

The name of the document depends on the specifics of the event:

  • in case of fire, certificates are issued by the State Fire Service;
  • after damage associated with natural disasters, you need to obtain confirmation paper from Roshydrometcenter;
  • The police are investigating vehicle thefts, as well as acts of vandalism committed against them.

After collecting the documents, you need, as in the case of an accident, to submit a written application to the insurance company, attaching all the papers required by the insurance rules.

Hitting an obstacle: is the event covered by CASCO insurance?

To ensure that the insurance company does not have a reason to refuse compensation, it is necessary to study the insurance rules and act according to the law. One of the most common cases of CASCO claims is hitting an obstacle. How to file such an accident correctly so that the insurance company cannot refuse to pay?

Hitting an obstacle is a type of accident that occurs involving one vehicle and a stationary object or object. It can be:

  • trees, stumps;
  • building;
  • border;
  • bumper, pegs;
  • garbage bins;
  • fence, chain-link mesh;
  • concrete fences;
  • transport stop;
  • pillar;
  • road signs;
  • doors (for example, entrance);
  • monuments;
  • barrier;
  • gates;
  • gas station;
  • garage;
  • pipes;
  • porch;
  • transformer booths.

Definition in traffic rules

In the Traffic Rules, an obstacle is understood as a stationary object in a traffic lane (faulty or damaged vehicle, defect in the roadway, foreign objects) that does not allow further movement along this lane.

A traffic jam or a vehicle stopped in this lane in accordance with the requirements of the rules is not an obstacle.

Is the event insurable?

After hitting an obstacle, the motorist submits a claim to the insurance company for damage to the car. The application shall indicate:

Not every collision with an obstacle can be considered an insured event. And the circumstances of the incident play a big role in the insurance company’s decision-making.

Due to the driver's fault or due to poor road conditions/an open hatch

If the driver is at fault for not choosing a safe speed and hitting an obstacle, under CASCO such circumstances are recognized as an insured event. It doesn’t matter whether the accident was caused by the poor condition of the roads, an open hatch, poorly installed structures - everything will be covered by the CASCO policy.

Under such circumstances, the insurance company has the right of recourse against the owners of these objects, but this is no longer the driver’s concern. Proving the reasons for what happened is the responsibility of the MTPL policy owners. Because in this case there is a chance to recover compensation in court from those responsible for the road section. In the case of CASCO, the insurance company pays for everything.

The driver is not sober

The condition of the driver at the time of the accident plays an important role. Being under the influence of drugs or alcohol is grounds for refusal to pay. This circumstance must be confirmed by traffic police documents:

  • medical examination certificate;
  • medical examination report;
  • conclusion of a pathologist (in case of death).

Refusal to undergo a medical examination is equivalent to the fact of alcohol intoxication.

If the driver was tired at the time of hitting an obstacle, and this is confirmed by traffic police certificates, this circumstance will not be recognized as an insured event. A tired state is determined by traffic police officers when the driver falls asleep at the wheel (clause 2.7 of the Russian Traffic Regulations).

Reversing

In the event of a collision with an obstacle while reversing, the event is recognized as an insured event , unless there are aggravating circumstances. For example, being drunk or tired.

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Why does the insurance company check in more detail in case of a single accident?

For the insurance company's security staff, the following will be a reason for additional verification:

  • hitting an obstacle with significant damage (each insurance company has its own threshold for a significant amount, on average from 200 thousand rubles and above);
  • the event occurred at night, without witnesses, major damage;
  • damage to the car could not have been visually sustained under the described circumstances;
  • contradictory documents of the traffic police (for example, the protocol indicates some circumstances, the resolution - others).

If the insurance company suspects fraud, their security service will check all documents and the car with special care. In case of controversial issues, the car can be sent for examination - trace analysis.

Registration of an accident

It is necessary to register a collision with an obstacle immediately after its occurrence. Without certificates from the relevant authorities about the accident, the insurance company will have a formal basis for refusing to pay.

Traffic police or local police officer

The Insurance Rules state that the event must be confirmed by documents from the competent authorities . In the event of a collision with an obstacle, only traffic police officers are competent to make a decision. Because the car was in motion. If the car was damaged by third parties, then it would be necessary to contact the local police officer.

When can you do without certificates?

Some insurance companies provide CASCO clients with a green corridor. This is the right to file a statement about the occurrence of an event without confirming it with documents from the competent authorities.

Typical conditions for receiving payments without certificates:

  • once during the insurance period with damage to no more than two adjacent parts;
  • unlimited number of times no more than one detail, nuance;
  • limited amount to be reimbursed, for example no more than 50 thousand rubles.

At the stage of concluding a contract, this issue must be clarified with an employee of the insurance company, asked to be indicated in the Insurance Rules and studied in detail.

How much can you expect?

If the event is recognized as an insured event and confirmed by the traffic police, then the insurance compensation is paid in full to the owner or the station that repairs the car in the direction of the insurance company.

If certificates were not issued?

The amount of maximum insurance coverage in this case is determined in advance in the Insurance Rules. If the amount of damage exceeds the threshold, it will no longer be possible to receive more than it, since full payment requires a certificate, which is issued at the time of the accident. Therefore, if the damage caused, according to a preliminary assessment, may exceed the maximum threshold for payment without certificates, then it is better to still register the incident with the traffic police.

For hidden damage

Hidden damage caused by hitting an obstacle may be discovered later. Hidden damage is usually associated with the condition of the car’s suspension and its components.

If compensation for an accident occurred without providing certificates, then you cannot count on more than the maximum payment. Therefore, if the blow was of sufficient force, but there was not much external damage to the body, this is not a reason not to obtain a certificate. Be aware of the possibility of hidden damage.

If the agreement is with a franchise?

When insuring a car under CASCO, some motorists sign an agreement with a franchise.

  • If the contract provides for an unconditional franchise , the damage received should be assessed (approximately). If the amount is less than the unconditional deductible, then there is no point in applying for compensation. It will not be paid. An unconditional deductible is an amount that is not subject to compensation for each insured event. For example, if the deductible is 10 thousand rubles, then for each insured event 10 thousand rubles will be paid. less.
  • If a conditional deductible is provided , the damage should also be assessed. If the damage exceeds the deductible amount, the compensation will be paid in full. The conditional deductible is the amount established under the insurance contract, which is not taken into account in the payment in case of excess damage and compensation is not paid if the damage is less than the deductible amount. For example, the deductible is 10 thousand rubles, and the damage in a specific case is 12 thousand rubles. – the insurance company pays for the damage in full.

Will wear and tear be taken into account?

Wear and tear of parts is not taken into account when paying under CASCO insurance. Exception: in some insurance companies, in cases of total loss of the car, wear and tear of parts is taken into account when paying out the total.

When is payment refusal possible?

The insurance rules contain a separate paragraph indicating exclusions from insurance coverage. Some of these exclusions apply to all insured risks, and not just to collision with an obstacle. Here are the common ones:

  • if the driver was in a drug, alcohol or tired state;
  • if the use of a technically faulty vehicle is documented (indicated in the traffic police documents);
  • the statement does not indicate the date, time and place of the event, for example, I don’t remember, I don’t know;
  • the event occurred outside the insurance territory (in another country).

Insurance companies that set a monetary limit for claims without certificates refuse to pay compensation if this limit is exceeded. Among the reasons why payment may be refused are the following:

  • the driver fled the scene of the accident, there are witnesses, it is documented;
  • the driver was driving who was not listed in the CASCO policy (with a limited list).

To know whether the insurance company will pay for damage resulting from hitting an obstacle, you need to study the Insurance Rules. Important points among them are insurance risks and exclusions from insurance coverage. No one is insured against hitting an obstacle, but if the car is insured under CASCO, the damage will be compensated.

How to file an accident under CASCO when hitting an obstacle

Cases of hitting an obstacle are subject to insurance under the CASCO system; it is this type of car insurance that most fully reflects the essence of what is happening and allows the victims to receive the due compensation.

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The CASCO car insurance system is based on the Law of 11/27/1992 No. 4015-1 “On the organization of insurance business in the Russian Federation”, the law “On the protection of consumer rights” of 02/7/1992 No. 2300-1 and the Civil Code of the Russian Federation.

What it is

According to traffic rules, hitting an obstacle is considered to be:

  • damage to a tree located near the roadway;
  • collision of a car with a fence or any other fence;
  • damage to a power line (pole);
  • damage to the bridge support;
  • driving a car into the wall of a private house or any other structure (shop, government agency, outbuilding);
  • damage to building materials (car driving into sand, earthen embankment, woodpile, stacked bricks, other materials);
  • damage to an open door of a parked vehicle.

The cause of this kind of accident is most often the elementary inattention of drivers, however, such negligent behavior on the road does not exempt from liability, which is appropriately mentioned in the 2019 traffic rules presented below.

Responsibility for violating traffic rules

The circumstances of the collision, the presence of damaged real estate, as well as persons who happened to be at the scene of the incident and received injuries as a result may be different:

  • the car rammed a fence and ran over the owner of the house who was in the yard;
  • The car rammed a fence and crashed into a pedestrian.

Depending on the circumstances of the incident, there are two types of liability:

  • administrative;
    • criminal.

More detailed information on each type of liability is presented in the table below.

Table. Driver's responsibility for hitting an obstacle

To avoid possible nuances in the further registration of an insurance case, the driver involved in an accident is obliged to call the traffic police officers and call his insurance company.

This is done regardless of the severity of the incident.

Payment terms

Payments under CASCO are made only if the driver has completed all the procedures required in the event of an accident. The rules and terms of payments are established by Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 27, 2013 No. 20.

The insurance fully covers the expenses incurred by the driver during an accident, but if it is necessary to receive urgent payments, unforeseen nuances may arise, which every driver should be aware of.

Such nuances include:

  • provision of knowingly false information about an insured event (insurance is cancelled, the client is blacklisted, the company sues);
  • submission of false documents (a criminal case may be initiated against an unscrupulous driver);
  • compensation under CASCO is also paid to the person responsible for the incident (two cars crashed into an obstacle at once, trying to maneuver and avoid a collision);
  • To avoid fraud on the part of drivers who deliberately arrange accidents, insurers carry out a thorough examination of the condition of the car.

Compensation is paid even for minor damage, and the driver needs to collect fewer certificates than if the insurance was paid under compulsory motor liability insurance.

The injured person contacts his insurance company, which handles further paperwork. Cash or a repaired car is transferred to the owner’s disposal within 30 calendar days.

Information about this must be contained in the insurance contract. The cost of repairs is fully covered by insurance.

Insurance may be denied if:

  • the driver was drunk (he was not entitled to insurance, Art. 963, clause 1 of the Civil Code of the Russian Federation);
  • the motorist used drugs;
  • the driver intentionally drove into an obstacle.

The described situations are listed in the car insurance contract (clause 1 of article 943 of the Civil Code of the Russian Federation; clause 3 of article 3 of the Law of November 27, 1992 N 4015-1).

In other cases (if payment is refused), the case is resolved in court and most often this happens when the insurer refuses to pay full insurance, unlawfully trying to avoid liability (Article 13, paragraph 6 of Law No. 2300-1 of February 7, 1992).

The procedure for filing an accident under CASCO when hitting an obstacle

When hitting an obstacle, the driver must:

  • stop the car;
  • calm down (if necessary, drink valerian, validol);
  • make sure there are no casualties;
  • put up emergency stop signs (if there are none, turn on the stop sign, place a flag on the road);
  • call the traffic police;
  • call the insurance company.

A warning triangle is installed at a distance of 15 meters from the car in urban areas and 30 meters on the highway. After these steps are completed, you need to make sure that the vehicle does not interfere with other road users.

If this is observed, it is necessary to photograph the scene of the accident and the damage, and then roll the car to the side of the road.

The insurer needs evidence of the accident, so it is extremely important to provide all the necessary papers, including:

  • protocol from the scene of the accident;
  • certificate from the traffic police;
  • photo of damage;
  • video;
  • completed European protocol form;
  • the policy itself;
  • documents for the car (technical passport);
  • written statements of witnesses;
  • personal documents (passport, driver's license).

When contacting an insurance company, it is important to understand that it is not profitable for its employees to pay the entire amount of insurance, so the documents must be perfectly prepared.

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The company should have no doubts about the honesty of the driver who wants to compensate for the losses incurred.

List of documents for the insurance company

Getting CASCO insurance is not as easy as it seems.

The injured driver will need:

    Certificate in form No. 154. The certificate is needed to send the car for examination, which will be carried out by the insurance company.

When contacting the insurer, you must take with you your CASCO agreement, as well as your passport, vehicle title, and fill out an application for damages.

Application deadlines

It is better to call the insurance company immediately after the accident, the deadline is 5 days. If after their expiration the driver does not apply for insurance, the right to it will have to be proven in court.

You can get CASCO insurance if you have all the documents within 2 years after the accident; after the expiration of this period, the policy is canceled.

Video: Payments under CASCO - options for payments under CASCO.

  • Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
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Casco collision with an obstacle

Hello, in this article we will try to answer the question “Casco collision with an obstacle.” You can also consult with lawyers online for free directly on the website.

In these cases, the insurance company may even collect damages from the driver in the form of subrogation. But there are cases when it is obvious that the driver is to a small extent or completely absent. This is his fatigue, a sharp deterioration in health while driving, difficult weather conditions, etc.

The last point is made separately, because in the event of a real threat to the life or health of people, action must be taken immediately. In such situations, only human life is a priority. An accident with one participant - hitting a fence, a lamp post, a wild animal, etc. Do not leave the scene of the accident without registering the accident.

If you do not document the accident properly, you may subsequently be presented with a recourse claim. In addition, without police documents, the insurer will almost certainly refuse to repair the car under CASCO. Ensure road safety: Turn on your hazard lights.

The policyholder has the right to a CASCO payment even if he is at fault for the accident

The participants themselves (without traffic police officers) can file a road accident if only 2 persons were injured in the accident and they do not have claims against each other for property damage caused as a result of the road accident. Another necessary condition for such registration is that the civil liability of both drivers is insured under MTPL.

Hitting an immovable obstacle may be caused by a traffic violation. If this violation, committed through negligence, resulted in serious harm to health, for example, termination of pregnancy, loss of vision, hearing, loss of ability to work, then such a violation will be punishable by 2 years of imprisonment.

Refusal to undergo a medical examination is equivalent to the fact of alcohol intoxication. If the driver was in a tired state at the time of hitting an obstacle, and this is confirmed by traffic police certificates, this circumstance will not be recognized as an insured event.

The described situations are listed in the car insurance contract (clause 1 of article 943 of the Civil Code of the Russian Federation; clause 3 of article 3 of the Law of November 27, 1992 N 4015-1).

Being under the influence of drugs or alcohol is grounds for refusal to pay. This circumstance must be confirmed by documents from the traffic police: a medical examination certificate; conclusion of a pathologist in case of death.

30 days are also given for correction. The countdown of these days begins from the moment you receive the papers - either by mail in an envelope with an inventory of the contents (the date is considered to be the one stamped on the envelope), or by handing it over to you personally against signature.

It is recommended to ensure that the inspector provides the most complete list of parts that have mechanical damage as a result of the accident.

The procedure for filing an accident under CASCO when hitting an obstacle

If the accident occurred without the participation of other cars, then you will still have to call the traffic police. Police officers also record the scene of the accident, indicate the damage received and the reasons that led to the accident.

Compensation for damage due to a collision in a hole was recovered from the road workers. The following data is entered into the document:

  • Position of the car that hit an obstacle on the road (measurement results);
  • What object did the car collide with?
  • Information about braking distance (length and direction);
  • Schematic description of nearby objects (to scale);
  • Graphic description of the location where the vehicle collided with an obstacle (with explanations);
  • What factors prevented a complete overview of the route;
  • Location of road signs, signs, buildings, poles, trees, etc.;
  • What are the dimensions of objects that are parallel and perpendicular to the direction of the road;
  • Vehicle points such as tow hooks, wheel hubs, etc.

A friend of mine pulled himself together, parked the car near the house and with an innocent expression on his face called the traffic police, like “I went out in the morning, and here is this!”

After these steps are completed, you need to make sure that the vehicle does not interfere with other road users. If this is observed, it is necessary to photograph the scene of the accident and the damage, and then roll the car to the side of the road. The insurer needs evidence of the accident, so it is extremely important to provide all the necessary papers, including:

  • protocol from the scene of the accident;
  • certificate from the traffic police;
  • photo of damage;
  • video;
  • completed European protocol form;
  • the policy itself;
  • documents for the car (technical passport);
  • written statements of witnesses;
  • personal documents (passport, driver's license).

To avoid possible nuances in the further registration of an insurance case, the driver involved in an accident is obliged to call the traffic police officers and call his insurance company. This is done regardless of the severity of the incident.

It is necessary to study the circumstances of incidents in which payments are allowed without certificates from the competent authorities.

The danger level of this act is similar to a head-on collision between cars. Death is also possible here.

Tatyana, perhaps I don’t understand or know something (I haven’t been in a single accident in many years :)), but.

Hitting an obstacle means an incident when a vehicle runs over or hits an object that is stationary.

Hitting an obstacle is a type of accident that occurs involving one vehicle and a stationary object or object. It can be:

  • trees, stumps;
  • building;
  • border;
  • bumper, pegs;
  • garbage bins;
  • fence, chain-link mesh;
  • concrete fences;
  • transport stop;
  • pillar;
  • road signs;
  • doors (for example, entrance);
  • monuments;
  • barrier;
  • gates;
  • gas station;
  • garage;
  • pipes;
  • porch;
  • transformer booths.

How to file an accident under comprehensive insurance when hitting an obstacle

For example, for driving a car, the operation of which was prohibited, a citizen will face a fine of 500 rubles. Failure to wear seat belts will result in a motorist being fined 1,000 rubles.

The certificate may be drawn up with a time delay (say, an accident occurred at night, and the document will be prepared by the inspector only the next day).

It is important to understand that driver inattention may result in denial of compensation. Therefore, when drawing up a protocol, it is necessary to ensure that the extraneous factors that provoked the incident are indicated.

Such crimes, as a rule, must have consequences in the form of harm to health or death of a person. An example of criminal offenses related to a collision may be the acts provided for in Art. 264, art. 266 of the Criminal Code of the Russian Federation.

The CASCO car insurance system is based on the Law of 11/27/1992 No. 4015-1 “On the organization of insurance business in the Russian Federation”, the law “On the protection of consumer rights” of 02/7/1992 No. 2300-1 and the Civil Code of the Russian Federation.

The cause of this kind of accident is most often the elementary inattention of drivers, however, such negligent behavior on the road does not exempt from liability, which is appropriately mentioned in the 2019 traffic rules presented below.

The number of road traffic accidents is growing every year; one of the most common accidents is hitting an obstacle. Hitting an obstacle. then, without fail, demand registration of an accident, identifying the owner of the object that caused the accident. damage to a tree located near the roadway;; collision of a car with a fence or any other fence;; line damage.

The CASCO insurance system is regulated by the Civil Code of the Russian Federation, Law No. 3200 “On the Protection of Consumer Rights” dated February 7, 1992 and Law No. 4015-1 “On the Organization of Insurance Business in the Russian Federation” dated November 27, 1992.

The cause of a traffic accident is often a collision with an obstacle. Hitting an obstacle is an insured event in the CASCO system, therefore damage caused to the vehicle is subject to compensation from the insurance company.

Hitting an obstacle is (according to traffic rules):

  • damage to the door (open) of a parked car;
  • damage to building materials (car driving into stacked bricks, firewood, a pile of sand, etc.);
  • entry of a vehicle into a building (outbuilding, residential building, store, etc.);
  • damage to the bridge support;
  • damage to a pole (fencing pole, power line, etc.);
  • collision of a car with a fence (fence, picket fence, barrier, etc.);
  • hitting a tree growing near a highway (road).

There are two ways to register a traffic accident under CASCO: with calling State Traffic Inspectorate employees and without involving them (according to the European Protocol). Let's consider the registration procedure for each case separately.

In this case, the insurer considers the claimed event based on the circumstances of the incident described by the car owner in the application.

One of the variants of an accident is a collision with a stationary object that the driver ran into or collided with.

For example, being drunk or tired. Why does the insurance company check in more detail in case of a single accident?

The damage assessment is carried out by an expert from the insurance company that issued your policy. Such a study is necessary in order to calculate the cost of compensation that will be paid to the driver. The examination is carried out at the expense of the insurance company and will be free for the client.

Video: What to do after an accident if you don’t have a comprehensive insurance policy?

The car owner may be denied insurance benefits if he was intoxicated or using drugs at the time of the accident. If there is evidence that a person intentionally drove into an obstacle, then he will also not receive funds from the insurance company.

I hit an obstacle on the road, how to file an accident? Types of obstacles, fines, responsibilities and design features.

Certificate about the accident from the traffic police, about damage to the vehicle recorded at the scene of the accident. Bank details to which insurance compensation is required to be transferred (if this right is not limited by the contract).

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For the insurance company's security staff, the following will be a reason for additional verification:

  • hitting an obstacle with significant damage (each insurance company has its own threshold for a significant amount, on average from 200 thousand rubles and above);
  • the event occurred at night, without witnesses, major damage;
  • damage to the car could not have been visually sustained under the described circumstances;
  • contradictory documents of the traffic police (for example, the protocol indicates some circumstances, the resolution - others).

A report of the inspection of the scene of the incident, which indicates information about the road section, characteristics of the roadway, the presence of pedestrian paths and road surfaces.
Registration of an accident without calling the police is possible only if the accident involved 2 vehicles, the drivers of which have no claims against each other and both have a valid MTPL policy. If only one person was involved in the accident, calling an inspector to register the incident is mandatory.

The procedure for dealing with an accident under CASCO involves preparing documents and monitoring the correct registration of the scene of the accident.

Compensation is paid even for minor damage, and the driver needs to collect fewer certificates than if the insurance was paid under compulsory motor liability insurance.

Is hitting an obstacle an insured event under comprehensive insurance?

An accident in the form of hitting an obstacle is included in the list of road accidents. Hitting an obstacle means an incident in which a vehicle runs over or hits a stationary object.

If the driver was tired at the time of hitting an obstacle, and this is confirmed by traffic police certificates, this circumstance will not be recognized as an insured event. A tired state is determined by traffic police officers when the driver falls asleep at the wheel (clause 2.7 of the Russian Traffic Regulations).

Examples of insurance events that comprehensive insurance protects against:

  1. Road traffic accident (RTA).
  2. Collision with another car.
  3. Impact (impact) on stationary or moving objects (structures, obstacles, animals, birds).
  4. Vehicle rollover.
  5. Any objects falling on the vehicle (trees, snow, ice, etc.)

I hit an obstacle on the road, how to file an accident? Types of obstacles, fines, responsibilities and design features.

A traffic accident does not necessarily mean a collision between two vehicles.
Sometimes this may be a collision with an obstacle, which is also regarded as an accident and requires drawing up a report. In today’s article, we’ll look at the characteristics of such incidents and how the driver should act to resolve the situation as painlessly as possible.

○ What is hitting an obstacle?

One of the variants of an accident is a collision with a stationary object that the driver ran into or collided with. Most often, the objects of collision are:

  • Bridge supports.
  • Roadside pillars.
  • Trees growing along the highway.
  • Construction materials (sand, crushed stone, bricks, etc.).
  • Fencing (for example, about carrying out repair work).
  • Buildings and other structures located along the road.
  • Doors of another vehicle left ajar.

In terms of the degree of danger, hitting an obstacle can be compared to a head-on collision between two cars, because in both cases injuries and even death are possible. The risk of death for a driver or passenger increases if they are not wearing a seat belt when they collide with an obstacle.

○ Design methods.

Registration of an accident, as in standard cases, can be carried out with the involvement of traffic police officers or without calling them.

✔ With traffic police officers.

The inspector called to the scene collects the following information:

  • Driver information.
  • Explanations of the participants in the accident.
  • Testimony of witnesses.
  • Type of accident.
  • List of damage received.

Based on the information received, the inspector draws up a list of documents:

  1. A report of the inspection of the scene of the incident, which indicates information about the road section, characteristics of the roadway, the presence of pedestrian paths and road surfaces. The report also includes information about weather conditions at the time of the accident. The document states:
  • Start and end time of the inspection.
  • Distances and measurements that will be taken into account in further investigation.
  • Actions to record the situation of an accident.
  • Statements from participants in the incident.
  1. Certificate of road accident in the form of Order of the Ministry of Internal Affairs of Russia dated April 1, 2011 No. 154. It contains information about:
  • The exact time and date of the incident.
  • Participants in the incident.
  • Injured.
  • License plates of the vehicle.
  • Damage to cars.
  1. Road accident diagram, which describes the circumstances of the accident and explanations of the participants. It states:
  • Measuring the position of a vehicle that has hit an object.
  • Impact objects.
  • Length and direction of braking distance.
  • Dimensions of nearby objects.
  • Graphic diagram of the collision location with explanations.
  • Factors limiting the review.
  • Auxiliary guidelines.
  • Dimensions of objects perpendicular and parallel to the road line.
  • Characteristic points of the vehicle (wheel hubs and/or tow hooks).
  1. Protocol of inspection and technical condition of the machine - faults are noted, indicating the degree of deformation.
  2. Protocol for monitoring driver sobriety based on the results of a breathalyzer test.

✔ Without employees.

Registration of an accident without calling the police is possible only if the accident involved 2 vehicles, the drivers of which have no claims against each other and both have a valid MTPL policy. If only one person was involved in the accident, calling an inspector to register the incident is mandatory.

✔ How the Europrotocol is drawn up.

When registering an incident without calling the police, participants independently fill out an accident notification form, which is sent to the insurance company. It is necessary to reflect:

  • Circumstances of the accident.
  • Scheme of the incident.
  • The nature of the damage and its extent.

Despite some advantages of completing the Europrotocol yourself (first of all, saving time), it is still advisable to spend several hours meeting with traffic police officers, because the latter will be able to more competently reflect all the circumstances of the case.

✔ Can I contact the insurance company?

You can and should contact the insurance company with a drawn up European Protocol or an accident notification issued by an inspector. The documents must be submitted to the insurance company no later than 5 days after the incident. But to maximize your chances of receiving compensation, it is advisable to notify the insurance company immediately on the day of the accident.

✔ Who is involved in assessing the damage.

The damage assessment is carried out by an expert from the insurance company that issued your policy. Such a study is necessary in order to calculate the cost of compensation that will be paid to the driver. The examination is carried out at the expense of the insurance company and will be free for the client.

○ In what cases is it necessary to contact the “Emergency Motor Vehicle Commissioner”?

If any problems arise (for example, the insurance company assigns too little compensation), you can make an independent examination and demand compensation in the required amount. To do this, you can contact the emergency commissioner, who can be an individual or legal entity whose services drivers use in case of controversial insurance situations.

Avarcom works only for CASCO users; its services are not available for OSAGO holders. The cost of his services, as a rule, is already included in the policy, so calling him will not incur additional costs.

○ Administrative liability for hitting an obstacle?

The Code of Administrative Offenses does not have a separate article regulating the punishment for hitting an obstacle. Such an offense is classified as failure to comply with traffic rules resulting from a collision. The punishment depends on the reasons that led to the collision. For example, a fine of 1,000 rubles is imposed for the absence of seat belts, and a fine of 500 rubles for using a vehicle in violation of operating rules.

The use by a driver while a vehicle is moving of a telephone that is not equipped with a technical device that allows hands-free negotiations shall entail the imposition of an administrative fine in the amount of one thousand five hundred rubles.
(Article 12.36.1 of the Code of Administrative Offenses of the Russian Federation).

Here you need to take into account that the driver will be held accountable if the obstacle that was hit was installed in accordance with all the rules of the law. If there are violations, the owner of the item will be punished.

○ Road accidents caused by road services, who is to blame and where to complain?

Failure to comply with requirements for ensuring road safety during the construction, reconstruction, repair and maintenance of roads, railway crossings or other road structures, or failure to take measures to timely eliminate obstacles to traffic, to temporarily restrict or stop the movement of vehicles on certain sections of roads in cases if the use of such areas threatens road safety, entails the imposition of an administrative fine on officials responsible for the condition of roads, railway crossings or other road structures in the amount of twenty thousand to thirty thousand rubles;
for legal entities - from two hundred thousand to three hundred thousand rubles. (Clause 1 of Article 12.4 of the Code of Administrative Offenses of the Russian Federation).

If harm to health is caused to a mild or moderate degree, the fine increases to 50-100 thousand rubles for individuals and 400-500 thousand for legal entities.

The guilt of the road services is determined by the traffic police officer, it is recorded in all protocols. Prosecution is carried out through the court.

For example, if construction materials are located in a travel area and are not protected by warning signs, their owner is responsible for the accident. The severity of the punishment depends on the severity of the accident.

○ CASCO and hitting an obstacle.

Colliding with a stationary object is usually an insured event under CASCO. Therefore, you can count on compensation in the event of a collision. Most companies provide the possibility of paying compensation for minor damage. But many of them find completely legal ways to avoid transferring funds.

For example, you call your insurance company after an accident and describe the situation. At the other end of the line they assure you that your case is on the insurance list and offer to come for registration. You, happy that you don’t need to collect a bunch of papers, go to the company, write a statement, to which you are told that they will not pay you anything. This is explained by the fact that you left the scene of the accident without waiting for the insurance employee, thereby canceling the possibility of obtaining insurance.

Thus, hitting a stationary object is a type of accident, which has its own characteristics and nuances. Knowing them will help you get compensation after an accident and get out of the situation with minimal losses.

○ Advice from a lawyer:

✔ If a collision with an obstacle occurred due to the fault of the driver who cut off the car, who will be held responsible?

In this case, the driver who created the emergency situation must be punished, because it is he who is the culprit of the accident. The fact of his guilt and punishment are determined by the court.

✔ Is it possible to avoid litigation if you repair the vehicle yourself?

This is possible because in such a case the victim will have no reason to complain. His main goal is to compensate for the damage, and who will do this, the culprit or the insurance company, does not make a significant difference for him.

Blog “OUR SUPERVISION”. In this video you will learn how to file an accident when you hit an obstacle.

Published by: Vadim Kalyuzhny , specialist of the TopYurist.RU portal

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