What to do if an insured event occurs
What to do if an insured event occurs when insuring property?
According to Art. 9 of the Law of the Russian Federation No. 4015-1, an insured event is any event that has occurred, upon the occurrence of which the insurance organization undertakes to pay a certain amount of money to the policyholder, in accordance with the concluded contract. This general definition from the law “On the organization of insurance business in the Russian Federation” is also applicable to property insurance.
How to behave in the event of an insured event? What events can be qualified as such and what documents will need to be provided to receive payment? We will try to answer these and some other questions in this article.
Procedure in the event of an insured event
If an insured event occurs under the property insurance contract, the policyholder should adhere to the following action plan:
- First of all, you must immediately notify the insurance company about the incident. The exact period during which the client is obliged to do this is specified in the contract, but, as a rule, it does not exceed 24 hours from the date of the insured event. It is advisable to choose a notification method that, if necessary, will allow the citizen to prove the fact that the notification was made in a timely manner.
- Take all possible actions to minimize damage. For example, in the event of a fire, you should definitely call the appropriate service, and not remain inactive on the basis that the apartment is already insured. Another example: in the event of flooding of an apartment by neighbors above, the victim, if possible, is obliged to remove undamaged property to a safe place or take any other actions to reduce the consequences of the incident.
- Before representatives of the insurance company arrive at the scene of the incident, it is highly recommended not to change the situation in the room in any way or touch anything. Such actions will complicate the assessment of the extent of damage and the investigation to establish the reasons that led to the occurrence of the insured event. It is also not uncommon for citizens to deliberately try to influence the amount of compensation in the direction of increasing it, for which purpose they personally damage property.
The only exception to this rule: actions taken to minimize damage or dictated by safety requirements. One way or another, to prevent possible disagreements with the insurer on this matter, it is recommended to notify him of the planned actions.
- After an insurance company employee arrives at the scene of the incident, he should be given full access to the damaged property to conduct an inspection and assess the amount of damage. When carrying out these actions, representatives of the insured and the person responsible for the incident must also be present (to present counterclaims to him under the right of recourse).
Note! It is prohibited to independently resolve issues regarding compensation for damage caused with the person responsible for its occurrence. For example, accepting money as compensation from a neighbor who flooded the apartment. Such actions may result in denial of insurance benefits.
List of documents required to confirm an insured event
First of all, the policyholder must, within the period specified in the contract (usually it varies from 2 to 5 days), write a statement about the occurrence of an insured event, in which he describes in detail all damaged and lost property. Subsequently, in addition to this application, you will need to provide the following documents:
- a valid insurance contract, application for purchasing a policy, receipts for payment of insurance premiums, etc.;
- passport of a citizen of the Russian Federation to confirm the identity of the person whose property was damaged;
- a package of documents confirming the policyholder's ownership of real estate (certificate of registration in the unified state register, gift agreement, etc.);
- an act from the relevant government service (fire department, Ministry of Emergency Situations, police, housing office, etc.) stating that the damage actually occurred. This document must record all damage detected by the relevant authority;
- documents confirming the financial expenses incurred caused by the insured event (checks, receipts, invoices, etc.);
- list of damaged or lost property;
- act on the examination carried out by an employee of the insurance company;
- other documents indicating the causes and amount of damage (photo and video materials from the scene of the incident, testimonies of neighbors, materials from additional inspections and examinations).
Common insured events in property insurance
The exact list of insurance events is always formed individually when concluding a contract and depends on many factors (for example, it hardly makes sense for the owner of a private house to insure civil liability). The most popular insurance risks include:
- theft, robbery and other illegal actions on the part of third parties, as a result of which property was damaged or lost;
- fire, flood, breakdown of utilities;
- natural disasters (earthquakes, floods, lightning, etc.);
- client's civil liability insurance. This type of policy is designed to compensate for damage in a situation where the damage is caused by the owner of the apartment to another person;
- title insurance of real estate. It implies the protection of the very right of ownership of property. Relevant when making transactions with the purchase of secondary housing. If, after concluding such a transaction, details are subsequently discovered that make it possible to recognize it as invalid (for example, the rights of minor children or other owners were violated), about which the buyer did not have the slightest idea, then all his financial losses will be covered by the insurer;
- mortgage insurance. Represents protection for the lender's monetary risks that may arise if the borrower is unable to repay the debt. Real estate here acts as collateral.
What events are not insured?
Incidents that are not considered insured events can be divided into two main categories. The first includes emergency circumstances, upon the occurrence of which the insurer has the legal right not to pay compensation for damage or destruction of property: military conflicts, strikes, civil unrest, civil war.
The second category includes events arising as a result of violation of contractual obligations on the part of the policyholder when he:
- deliberately failed to take any action to minimize damage, if possible;
- personally provoked the occurrence of an insured event as a result of gross negligence or intentional actions;
- failed to notify the company of the occurrence of an insured event within the established time frame.
In addition, the insurance organization has the right not to make payments if the property was legally confiscated, seized, requisitioned or destroyed by a court decision. All other additional features regulating events in which compensation will not be paid are specified in the contract.
First aid. We'll tell you what to do if an insured event occurs under MTPL
All vehicle owners have a car license, or more precisely, all law-abiding drivers who regularly get behind the wheel of their car. You cannot be on the road without this policy, because it protects other road users from the actions of the insured person. What happens when an insured event occurs under compulsory motor liability insurance and how should a car owner who is involved in an accident behave?
What should the culprit and the victim do in the event of an accident?
Insured event under MTPL – what to do? The procedure after an accident is the same for all parties - you need to jointly take care to record the circumstances of the incident without violating traffic rules, that is, carry out the following measures:
- stop and put up a special stop sign, turning on the hazard lights;
- make sure that there are no injuries to all participants in the accident, and if there are any, call an ambulance;
- in case of significant material damage to vehicles, call traffic police officers to draw up the relevant documents, and in case of minor losses, draw up a European protocol yourself;
- find witnesses and copy down their contact information.
After this, all that remains is to take care of the damaged car and document the events - photos and videos of the location of the car and other consequences of the accident.
Once again, you need to refresh your knowledge about the essence of such compulsory car insurance: payments are made for the culprit of the accident by his insurance company; the driver himself, through whose fault the accident occurred, does not pay the victims, but also repairs his car at his own expense. He only needs to notify the insurer about the accident, and the victims themselves will apply for the due compensation. But it is better to ensure the correct implementation of all the rules and attend the consideration of the case by the traffic police review team, and also attend the inspection of the victim’s vehicle by a representative of the insurance company to sign the report.
Also read our article about what to do if the culprit of the accident escaped.
Where to go and with what?
If an insured event occurs under compulsory motor liability insurance, where should the participants of the accident turn? Each of them must report the incident by telephone to the insurance company or call an emergency commissioner (if such a service is available in the policy) so that he can inspect the vehicles on the spot and perform a preliminary assessment of the damage.
But communication with the insurer does not end there. Then you will need to contact the company’s office in person with the necessary set of papers to prove that the insured event occurred and clarify what results it led to.
Participants in an accident need to interact with their insurance company, that is, both the culprit and the victim will contact the insurer that issued the policy to them. Sometimes these companies coincide, sometimes they turn out to be different. But the point is that each of them solves the issues and problems of its client: the company of the perpetrator compensates for the losses caused to them, and the company of the victim helps to obtain money to compensate for the damage. In this case, you will not have to communicate with the other side.
When an insured event occurs under MTPL, the following documents will be required to receive payments:
- a copy of the passport and driver's license of the person who was driving (plus a power of attorney to drive a car in his name);
- documents from the traffic police (copies of the protocol and resolution on an administrative offense or a ruling refusing to initiate proceedings on such a violation, a certificate of an accident);
- the victim's current MTPL policy;
- the appropriate form of notification of an insured event in relation to a client of a specific company, signed by both parties;
- an application to receive payments due for damage received, indicating bank details for receiving funds.
There are certain deadlines for applying for payment when an insured event occurs under compulsory motor liability insurance - within 15 days, the victim is obliged to provide all documents to the insurance company of the person responsible for the accident; within 3 days, a response will be received to the application to accept it and approve the upcoming compensation or refuse it. Then, 20 days after receiving the full package of papers, the insurer must pay compensation.
Failure to meet deadlines is one of the common reasons for refusal of payment under compulsory motor liability insurance, but you can defend your rights if the victim proves that, through no fault of his own, he delayed his visit to the insurer. The grounds for accepting documents even after 15 days have passed from the date of the accident may be medical indications (undergoing treatment) or problems with obtaining certificates from traffic police representatives.
Everything is solvable - a pre-trial claim against the insurer will allow you to extend the time frame for applying for insurance compensation under compulsory motor liability insurance.
Read here what to do when towing a car.
Moreover, there are certain differences in the consideration of insurance cases under OSAGO Rosgosstrakh, for example, is known for its underestimated payments. For this reason, it is worth taking care in advance to undergo an independent examination and assessment of the damage received - such a conclusion can be immediately attached to the general package of documents. This will simplify the procedure for settling losses and speed up the process of receiving money, because you will not have to additionally carry out this examination later and write a claim, but you can immediately take into account the peculiarities of the work of individual insurers.
The occurrence of an insured event: how to act, reasons for refusal to pay compensation + industrial accidents
Hello! In this article we will talk about the concept and classification of insurance cases.
Today you will learn:
- What can be recognized as an insured event;
- How are they classified;
- How to behave if an insured event occurs.
When you contact an insurance company and purchase an insurance policy, you expect to be protected from various risks. What happens if an insured event occurs and how to behave correctly in such situations, we will discuss today.
The essence of terminology
The term “insured event” means actually confirmed damage to the person who was insured. As a result, the insurer is obliged to provide compensation.
The word “case” is used here deliberately, and not some other word. We understand that some event may or may not happen.
Who can get a refund
Several parties have the right to this, of course, depending on the type of insurance and the clauses of the contract.
But in general, compensation can be received by:
- The policyholder himself;
- The person you insured (for example, your child);
- Heirs (in the event that the policyholder has passed away);
- Other persons (if we are talking about civil liability insurance).
The list of cases that are insured is fixed in the contract. This document is closed, that is, after signing it cannot be changed or supplemented.
Most policies also stipulate non-insured events, that is, those that led to damage, but are not included in the list of paid ones.
There are insurance cases that can be called atypical. They are not considered as damage. This includes savings-type insurance, when the insurer makes a payment if the policyholder has an anniversary or has entered college.
Legal force of the insured event
Any insured event acquires it when the fact of its occurrence is fully proven. That is, you must provide the insurer with confirmation of what happened. If an accident occurs, then photographs are needed, if property is damaged, this also needs to be confirmed.
You will not receive payments until the insurer is convinced that the incident took place. If the company understands that you want to exaggerate the amount of harm caused, payment will be denied.
What are the types of insurance cases?
The types of insurance cases are as follows:
- The onset of illness if you have health insurance;
- road accident;
- Theft;
- Fire;
- Disaster;
- Injury;
- Receiving disability;
- Death.
If we talk about the general classification, which is carried out by insurance industry, it looks like this:
- Social occasions;
- Personal;
- Property;
- Entrepreneurial.
All insured events are specified in the contract. Depending on how many there are, the price of the policy is determined. Everything is logical here: the more cases you include in the policy, the higher the likelihood that one of them will happen. Naturally, you will have to pay more for such a policy.
We will dwell in more detail on the most basic types and characterize them.
1. Car accidents.
The interests of drivers are protected by 2 types of insurance: CASCO and OSAGO. In the first situation, the driver will be compensated for damages in the following cases: if his car is stolen, stolen, or damaged. In the case of compulsory motor liability insurance, the insurance amount will be paid to the person who was injured in an accident caused by your actions.
If you have 2 policies, then you will receive compensation regardless of whether the accident was your fault or not.
2. Theft of property.
Here, losses are compensated if your property was stolen and this fact is documented. Any items can be insured against theft: jewelry, gadgets, paintings, and so on.
At the time of drawing up the contract, the insurer is obliged to find out what measures the client himself has taken to preserve the property. That is, you need to make sure that it is in a closed room, under an alarm system, etc.
3. Hacking.
Here you will be compensated for both indirect and direct damage. If the apartment is broken into and property is stolen, then the cost of the stolen property and work on repairing the locks will be reimbursed.
4. Actions of vandals.
This classifies not only the desecration of monuments and burials; in the case of insurance, we are talking about hooliganism against property.
A simple example: people upset about the loss of their favorite hockey team broke the windows in your car and overturned it. This is a reason to contact not only the police, but also your insurance company. Of course, only if these actions are included in your insurance policy.
5. Death of the person who took out the loan.
This insurance event cannot be called common, but over the past couple of years such situations have happened more than once. Therefore, the relevance is obvious. The whole problem is that according to the law, all debt obligations of the deceased pass to his heirs.
At the same time, if the debt amounted to 700,000 rubles, and the heir received only 150,000 rubles, no one else has the right to collect from him.
If there are several heirs, then the amount of debt is divided among all, in accordance with the shares of the inheritance.
If we are talking about a car loan or mortgage, in this case the heirs receive this collateral. The bank initiates the sale of the property and returns the remaining amount to the heirs.
As things stand, the law is quite harsh in this situation. And the most likely scenario is a refusal of inheritance certified by a notary. In this case, you will not pay anything, but you will not receive compensation either.
What to do if an insured event occurs: a guide for beginners
The algorithm of actions is governed by the contract that you entered into with the insurance company. But this document is not always at hand. Therefore, in order not to lose payments, we will tell you how to behave in specific situations.
1. We notify the insurer.
This is the first step you must take. Call the insurance company, introduce yourself, tell them where you are and what exactly happened.
Before the insurance specialist arrives, do not try to eliminate the consequences of the incident yourself. You can only take photographs of the damaged property.
2. We draw up supporting documentation.
The documentation package must include:
- Insurance policy;
- Photos of damaged property;
- Receipts confirming that you paid insurance premiums;
- If a car was damaged in an accident, then we attach the license, technical passport, and other papers.
When visiting the office of the insurance company, ask employees to mark the incoming number on all documents and put the date on which they were accepted.
3. We fill out an application according to the sample.
We draw it up according to the insurer’s form and submit it to the company within three days. This deadline must be met, otherwise your payment will be denied.
Do not forget to attach to the application materials confirming that the insured event has occurred.
4. We are waiting for a decision to be made.
Your application will be reviewed for a certain period of time. If the situation is related to compulsory motor liability insurance, then the consideration period may take 20 days. If a decision is not made within this time, a fine will be added to the amount you are entitled to.
Based on the decision made, an act is drawn up, which reflects all damage to property, its destruction or harm caused to health.
5. We receive payment.
This is the culmination of the entire procedure. You receive your money if the insurance act is drawn up legally correctly. The money can be given to you or transferred to your account.
What affects the amount of payments
This is influenced by 2 main factors: how large the damage was caused and how much you paid for the policy.
Companies that value their customers make all payments promptly and in full.
Next, it is worth dwelling on such an important point as an insured event at work.
Occurrence of an insured event at work
It is incorrect to automatically classify all accidents that occur at work as insurance.
An insured event will be recognized if:
- The person with whom the accident occurred was insured against work-related injuries;
- If he was traveling to or from work in a vehicle owned by the employer;
- If a person went on a business trip using different types of transport or walked.
The following cases are not considered insured:
- If a person intentionally caused harm to himself during working hours;
- If his health has deteriorated due to a general illness.
If the case is complex or controversial, the State Labor Inspectorate will investigate it.
Legitimate reasons for refusing reimbursement
Refusal to pay does not always characterize the insurer as dishonest. Often a negative decision is made because you yourself have violated some terms of the contract. Now let's look at some of the main reasons for refusal.
1. You damaged the property yourself.
If the insurer proves that this is the case, not only will you not receive compensation, but a criminal case for fraud will be opened against you.
2. You have violated the deadline within which to report an insured event.
Everything is elementary. There is a three-day period or one that you agreed upon individually. If you are late, it is not the company's fault. This means you will not receive payment legally.
3. You yourself were negligent.
If you did not close the garage from which your car was stolen at night, only you are responsible for this. Or you were walking home drunk, fell and broke your leg. All these cases are not insured and are not subject to compensation.
4. If the damage is caused due to situations not specified in the contract.
In this case, the insurer will not compensate you for your losses. For example, you insured your home against burglary. But there was a flood and the house was damaged. In this situation, the event is not insured.
5. Decisions of courts of various instances.
If your property is seized by decision of the courts, no compensation will be paid. For example, by a court decision you are declared bankrupt, and therefore the car is put up for auction. Then don't expect compensation for your losses.
Disputed places
There are places where insurers do not recognize incidents as insured events. In particular, we are talking about parking. Parking is the internal territory of an organization or shopping center. Some companies are sure that incidents that happened here are not subject to compensation.
The Supreme Court clarifies what constitutes parking.
Three criteria must be met:
- Availability of access system;
- The area of the territory is limited;
- Must carry out business activities.
The judiciary has two views on this. Therefore, experts recommend that if an accident occurs in a parking lot, carefully monitor what the inspector reflects in the protocol. If he indicated the location of the incident incorrectly, there is a high probability that your payment will be denied.
What to do if payment is refused
There are often situations when the insurer refuses to pay compensation, considering that the case does not apply to insurance. You need to understand that before you get any result, you will have to communicate with the insurer and take steps to meet him.
In general, the insurer, at the time you sign the contract, undertakes to cover all risks. But in life the situation may turn out differently.
Start by visiting the company's office and writing a complaint. Insurers usually have ready-made samples. In it, describe in detail the entire situation, as well as your requirements.
If the insurer categorically refuses to contact you, you will have to go to court for protection. This requires certain knowledge, so it is better to seek help from professionals.
There are insurance companies that deliberately delay the process. Yes, the plaintiff wins the case, but he has to wait months, or even years, for payment.
Conclusion
In conclusion of our conversation, I would like to note the following: to receive payment on time and in full. You must not only rely on the honesty of the insurance company, but also comply with the terms of the contract yourself. And if a dispute or conflict situation does arise, make every effort to resolve the situation peacefully.
But in any case, it is worth noting that insurance is an excellent way to protect your health, property and money; the main thing is to choose the right company and not sign anything without reading it.
Payments in case of an insured event on a loan: conditions, rights and actions of the borrower
APPLY FOR A LOAN AND FIND OUT A DECISION QUICKLYInsurance when concluding a loan agreement is issued to protect the borrower and the bank from the risk of unforeseen situations that may affect loan repayment. An insured event on a loan is exactly the situation provided for by the contract, when the insurance company assumes obligations to repay the debt.
Basic Concepts
When drawing up long-term loan agreements, banks often offer (and sometimes insist) to conclude a property and personal insurance agreement:
- Property means insurance of the client’s property purchased on credit (real estate with a mortgage, transport);
- under personal – life and health insurance, protection against job loss.
Possible insurance options:
- full - the borrower pays a fee under which the company undertakes to repay the agreed amount upon the occurrence of an insured event;
- franchise - in which the company exempts itself from compensating for a certain amount of losses in the amount of the franchise, compensating for the remainder.
The latter option is often used for property insurance (home, cars, etc.).
An insured event is the occurrence of one of the events listed in the insurance policy. The cases covered by the insurance vary depending on the insurance company, the type of loan issued, to which the policy is added, terms, loan amounts, etc. The number of cases affects the cost of loan insurance: the wider the “coverage range,” the more expensive the policy will be.
Some types of insurance can be waived by law. But CASCO, for example, in most cases, purchasing a new car on credit is mandatory, although recently offers have begun to appear without it.
Borrower insurance provides protection against:
- job loss;
- accidents, temporary or permanent disability (disability groups 1, 2);
- death of the client (the loan is paid by the insurance company).
Insurance rates vary among different insurance companies: the general rule is that the higher the premium, the greater the sum insured.
The policy records all possible cases when the insurance company assumes responsibility for the client’s debts. So, if a citizen loses a source of income for certain reasons, gets sick or dies, the company will pay the loan for him (and the relatives of the deceased will not have to do this). But this will happen only when the conditions listed in the policy occur. If the situation goes beyond the scope of the insurance contract, payment may be denied .
The following are definitely not insured events:
- borrower suicide;
- injuries and death resulting from intoxication (drugs or alcohol), as well as during
- committing criminal actions by a citizen;
- injuries and death when driving a vehicle without a driver's license and/or the right to drive a vehicle, or while intoxicated;
- natural disasters, military actions, nuclear explosion and similar circumstances.
Let's consider the procedure for action in the event of an insured event
What to do if an insured event occurs
The general algorithm of actions in such a situation is simple:
- when an insured event occurs, you should notify the insurance company and the bank, describing the situation (disability, death of the insured, loss of work, destruction of property, etc.);
- the company sends an insurance commissioner to the site, who assesses the damage to property (if any);
- if the borrower died or became unable to work, relatives contact the above authorities;
- after consultation with specialists from the insurance company and the bank, a package of documents is collected confirming that the insured event has occurred;
- if the papers are collected and in order, the insurance company transfers funds to the bank in the amount specified in the contract.
The documents are different in each case:
- if the borrower was laid off from work, a copy of the dismissal order with notice of the layoff is presented (insurance does not apply to voluntary care);
- if a citizen falls ill or has a disability of group I or II, appropriate certificates are made, a conclusion from a medical commission and a medical history will be required;
- upon the death of the borrower - a death certificate;
- in case of damage to the insured property - the conclusion of the commissioner, expert commission, police and traffic police reports, etc.
This nuance will be discussed in more detail below.
Payment procedure
The algorithm of actions should be simple:
- occurrence of an insured event;
- calling the commissioner, consultation with the insurance company and the bank;
- collecting documents and submitting an application for payment;
- transfer of money to the borrower's loan account.
If the client is insured under the “life and health” program for a significant amount exceeding the loan amount, he can indicate, in addition to the bank, other recipients of insurance payments. Then these persons will also be able to receive insurance compensation.
In practice, insurers try to delay payment as much as possible or avoid it altogether, trying to classify the case as an exception from the list of insurance companies. In case of refusal, the borrower, relatives or heirs will have to repay the debt.
Why is payment denied and what to do in this case
The main reason why the insurance company tries to avoid paying out is the reluctance to suffer losses. Specialists will look for nuances in the contract, shortcomings in documents, trying to prove that the case is not insured and is not subject to payment. So, the reasons could be:
- dismissal “at one’s own request” (this is a 100% refusal that was made legally and cannot be challenged);
- a long and serious illness that led to the death of the patient, while firms are trying to prove that the borrower already had the disease at the time of concluding the contract, but he did not notify about it;
- Cancer and oncology are often directly excluded from insurance claims;
- an unidentified cause of death, giving the insurance company the opportunity to point out the unjustifiedness of the payment;
exceeding the deadline established by the contract for submitting an application for payment (the borrower, relatives or heirs for some reason did not submit the application on time); - allegedly “deliberately” damaging property in order to obtain money.
There are often situations when a package of documents is collected, an application is submitted, but no response is received from the company (or a refusal is received). In this case, the borrower (relatives, heirs, legal representatives) can (and should) write a pre-trial claim to the company management, demanding payment of insurance compensation.
A sample claim for the death of a borrower can be downloaded from this link.
A similar step should be taken if the insurance company requires, in addition to the already collected package of documents, certain papers that are not included in the policy/contract. The company has 10 days to consider the claim. It should be remembered that the bank still requires timely loan payments. It is advisable to send the claim by registered mail with notification.
Most often, the outcome of a claim is refusal or silence from the insurance company. In this case, the next stage is the trial. The claim should demand:
- collection of insurance compensation in favor of the bank;
- compensation for moral damage to the plaintiff;
- collecting interest from the insurance company for using someone else's money;
- payment of a fine in favor of the plaintiff for violation of consumer rights provided for by law (refusal of pre-trial payment after filing a claim).
Practice shows that with the proper package of documents, courts meet citizens halfway, obliging insurance companies to make payments.
Insured event in case of an accident under compulsory motor liability insurance - what to do to obtain insurance
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No one is safe from accidents, even if the driver strictly follows the traffic rules. Many motorists do not know what losses MTPL can compensate in case of an accident. Damage caused on the road in an accident and insurance payments may differ. Compulsory motor liability insurance will help quickly cover the damage caused, since those responsible for a road accident are often unable to pay huge sums for repairs.
Description of insured events
Based on the provisions of the Law on Compulsory Motor Liability Insurance of April 25, 2002 No. 40-FZ and the Civil Code of the Russian Federation, the insurance company (IC) determines insured cases without an accident and cases when a car owner with valid insurance causes harm to the health or life of the victim or damage to his property, regardless of whether his insurance.
With the help of the insurance company, one participant in the accident bears financial responsibility to the other. Compensation for damage is due only to the insured driver, but not to the owner of the vehicle.
You can also obtain insurance if the vehicle was used for its intended purpose, that is, when operating the vehicle within the road and adjacent areas (parking lots, service stations). The policy only covers damage caused by the vehicle. Damage is considered insurable from the vehicle being operated, and not from its equipment.
Insured events and payment in 2019 (in rubles):
- harm to the health or life of each victim - 500 thousand;
- funeral expenses for those killed in an accident - 475 thousand (for a close relative) or 50 thousand (for a distant relative);
- damage caused to property - 400 thousand;
- compensation for damage to the victim without calling the traffic police with a European protocol - 100 thousand;
- car damage - 100 thousand.
List of non-insurance cases under compulsory motor liability insurance in case of an accident:
- Damage to health and loss of property, unless there is a group accident where the driver is the guilty and injured party at the same time;
- Using a car for other than its intended purpose - driving lessons, competitions, races, driving on ice;
- Moving vehicles around the production site, where all responsibility lies with the enterprise;
- Causing harm to the health of workers during a work shift. Payments are made by the employer from his own funds;
- Loss or damage was caused by the cargo, as well as during loading or unloading, regardless of the ownership of the territory and the cargo;
- The car caused only environmental damage or moral damage;
- The damage was caused by the elements or a broken branch fell on the roof of the car;
- Malicious intent, such as theft or vandalism.
In auto insurance, certain restrictions apply to a number of circumstances, and the insurance company is exempt from paying payments to the policyholder, since the volume of compensation has its own limitations. Many motorists are interested in the question of whether an accident in a yard or a parking lot is an insured event?
According to traffic regulations, an accident can happen not only on the road, but also in the yard, parking lot, residential area or other place not intended for vehicle traffic. A collision in a parking lot is considered the same as an accident and is investigated by traffic police officers in the prescribed manner.
A motorist who was harmed in a parking lot is entitled to compensation from the insurance company. In addition to having MTPL insurance, the company may impose the following conditions:
- The accident involved two or more cars. Payments are not due if the vehicle is scratched by a pedestrian.
- It was not the car owner's fault. Payments are not due if the owner himself crashed into a pole in a parking lot.
- Insurance is paid if the culprit of the accident has been identified.
Drivers of vehicles in a parking lot should act in a similar manner to a traffic accident.
Does the at-fault party have to report it to their insurance company?
Many participants in an accident are interested in the question: is the culprit obliged to notify the insurance company under compulsory motor liability insurance? When an insured event occurs, policyholders must always report to their insurance company, regardless of the circumstances of the accident, otherwise the company has the right to refuse payment or issue recourse. Notifying the insurer about a road incident is the responsibility of any citizen at the legislative level.
Road accidents are crimes committed due to negligence, even if the accident was fatal. But if the culprit of the incident fled from the scene of the collision, his actions will be classified as an intentional crime. The person at fault must call the insurance company and report that it was he who caused the accident on the road. You must also indicate:
- place and time of the accident;
- the number of cars collided and injured, the severity of the condition;
- year of manufacture, make, and vehicle numbers.
Next, the culprit must act as directed by the insurance specialist.
How long after an accident must I report the accident? Any driver must visit their insurance company within 5 working days and provide:
- its part of the “Notification of an accident”;
- recording video or photographs of the accident scene;
- a statement indicating that the video or photograph was not edited;
- the opportunity for the insurer to inspect the damaged vehicle;
- claim for damages.
Download a sample application for compensation of losses
Also, the person responsible for the accident can begin recycling or repairing his vehicle only 15 days after the accident. If these actions were carried out ahead of schedule, then the insurance company has the right to demand a refund, since the real extent of damage was not established. Failure to contact the insurer may result in a recourse claim being made to the irresponsible policyholder.
What to do with insurance if you get into an accident
The amount of compensation and its timely receipt depend on the actions taken by the participants in the accident upon the occurrence of an insured event. In the event of a road traffic accident, drivers must adhere to the procedure established by the MTPL and Traffic Rules.
The algorithm of actions provided for by the traffic rules is aimed at:
- ensuring further safety on the road for other road users;
- keeping the accident scene intact so that the culprit can be identified;
- providing assistance to victims, preserving the lives of victims.
In the event of an accident, participants must:
- turn on the alarm and put up a warning sign;
- call an ambulance for victims;
- do not move the car or lift objects after an accident;
- save photos and videos of damage to your phone;
- call the traffic police;
- call the Investigative Committee, indicate the location of the collision and describe the damage.
This will allow you to correctly document the fact of the accident and avoid penalties for violating the rules on the road. If an insured event occurs under compulsory motor liability insurance, the participants in the accident must remain on the spot and call the traffic police officers, who must write:
- a protocol on an administrative offense, which is presented to the culprit of the accident;
- an appendix to the protocol with a detailed description of the damage to the vehicle;
- certificate of accident;
- road accident diagram.
Download standard diagrams
You should not agree if traffic police officers offer to independently assess the damage caused and enter it into the protocol.
The insurance company makes calculations of material damage based on documents and additional assessment by the company’s expert.
If the victim suffered moderate or severe harm, then you will also need a certificate from emergency doctors and a medical certificate of examination of drivers for the presence of alcohol or drug intoxication.
Drivers can fill out a European protocol themselves, which allows participants in an accident to resolve the consequences of a traffic accident without involving the traffic police inspection. Drawing up a document is possible if there are no disagreements between them and the amount of damage does not exceed 100 thousand rubles, and for residents of Moscow and St. Petersburg - 400 thousand rubles. In this case, none of the drivers will be held administratively liable. Having agreed on the amount of damage, the party involved in the accident can visit the State Traffic Inspectorate office with an already drawn up road accident diagram.
Also, the participants in the accident must have valid MTPL policies, and there must be no injuries in the road accident, and no damage was caused to other property except the cars themselves. After registering an accident under the European Protocol, the person at fault in the collision is obliged to send his insurance company a completed “Notice of an Accident”, otherwise the insurer has the right to demand a refund of the money that was paid to the injured party or spent on repairing the car.
Not only insurance compensation, but also administrative matters or legal proceedings depend on the actions of participants after an accident. To ensure that the interests of the injured party are protected, it is better to call an emergency commissioner.
The emergency commissioner can:
- provide medical assistance and psychological support;
- call a tow truck and an ambulance;
- interview witnesses;
- assess the extent of damage for insurance and draw up diagrams;
- take a photo from the scene of the accident;
- help in drawing up documents;
- transport the victim home by taxi.
Calling an emergency commissioner is often justified if fraudsters are suspected. He will quickly identify them, protecting the interests of the victim. It is better to call an independent commissioner, rather than a representative of the insurance company, so that he does not try to reduce the amount of payment.
When should I contact my insurance company after an accident? After receiving all documents, the injured driver must contact the insurer no later than 5 days.
Only the owner of the insured vehicle writes an application to the insurance company; it should be submitted to your insurance company.
A claim is submitted to the at-fault party's insurance company only if several vehicles are involved in an accident. The insurance company will also require an accident notification form filled out by the participants. You can read more about the list of required documents and their proper execution in other articles on the site.
So, when an insured event occurs during an accident on the road, there are two options for the development of events: registration of the fact of the accident by traffic police inspectors or independently according to the European protocol. The fact of a road traffic accident must be documented, the documents must be filled out in compliance with the requirements of regulations and submitted to the Investigative Committee to receive compensation within the period established by law.