The procedure for paying insurance after an accident

Payment of insurance after an accident by an insurance company

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

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

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

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

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

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

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

How does an insurance company assess damage in an accident?

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

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

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

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

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

Extract from Clause 11, Article 12

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

List of parts to be replaced.

Restoration of paintwork.

Price of consumables needed for repairs.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What you need to do after an accident to process insurance payments

An insured event according to the compulsory motor liability insurance agreement is a road traffic accident that resulted in harm to the life and health or property of the injured party. The introduction of compulsory motor third party liability insurance protects the rights of persons who are victims of accidents. They received unconditional rights to monetary compensation for damage, so the answer to the question of whether insurance pays to the person at fault for the accident is obvious.

According to the law, the person responsible for the accident has no right to compensation and bears all costs of eliminating the consequences independently.

Insurance payments after an accident are not made in the following cases:

the car was driven by a person who was not included in the insurance policy (if the insurance covers a limited number of persons);
damage caused to natural resources;
damage to property or life and health was caused by uninsured cargo;
compensation for moral damage or lost profits is required;
the amount of payments exceeds the limit established by the MTPL agreement;
damage is caused by experimental, sports or educational activities on specially equipped sites or in the event of an accident during loading and unloading operations, as well as movement across the territory of the organization.

A separate category includes situations when insurance companies pay compensation and then make a recourse claim.
These are cases in which payments to the victims will be made by the insurance company, but the insurer has the right to go to court to recover the entire amount paid from the culprit :

the policyholder was in a state of any kind of intoxication;
the insured person intentionally caused damage to third parties;
the driver did not have a driving license at the time of the accident;
the driver fled the scene of the accident;
the insured event occurred during a period not provided for by the MTPL agreement.

Application and documents for payment of insurance compensation for an accident

If an agreement between the parties during an accident has not been reached or the damage caused to property as a result of the accident amounted to more than 50,000 rubles , it is undesirable to prepare documents without police representatives.

It is important to remember how to obtain insurance after an accident. To begin with, the victim and the culprit must inform their insurance companies about the accident immediately after it occurs.

To receive payment, the victim addresses the insurance company with a statement in any form, and to determine the extent of the damage caused, presents the damaged property for inspection and examination. The insurer conducts an inspection/examination no later than five days after receiving the victim’s application. If the inspection requires studying the vehicle of the culprit, the presence of a second participant in the accident is necessary.

Documents that must be submitted to the insurance company to receive payments:

passport and certified copy;
notification of an accident;
payment details;
certificate No. 154;
a copy of the administrative violation protocol.

Certificate 154 is filled out by a representative of the traffic police. Check every letter in the certificate very carefully - in the future, this may affect the amount of insurance payments, because it will be difficult to prove that the dents on the car appeared as a result of the accident, and not before it.

When causing damage to property, the victim additionally submits:

documents confirming ownership of the damaged property;
receipt for payment for expert services;
conclusion of an independent expert on the damage caused;
other documentation that confirms damage to property.

The insurance company compensates for damage if the victim provides arguments about harm to his health. The main evidence of this fact is documentary evidence of each requirement.

Carrying out an examination of a vehicle after an accident

After receiving an application from the injured person, the insurance company schedules an inspection of the damaged vehicle. According to the law, the insurer is obliged to conduct an examination with the involvement of specialists within five days. Companies often offer to carry out an examination of the affected owners by contacting private experts with whom they have contracts.

A person who has become a victim of an accident should not take the initiative and do an examination without the consent of the insurer - such actions can lead to a refusal to pay insurance compensation. If the car is completely damaged and the possibility of presenting it to an expert is excluded, you must inform the insurance agent in advance. A specialist has the right to conduct an examination at the place where he was transported. The injured person has the right to contact the insurer within a month after the accident. How insurance is paid after an accident, how insurance compensation is received, and in what amount, insurance company agents report. A copy of the insured event report is issued there, but only at the request of the policyholder.

Practical tips and advice

There was an accident. Before you find out how to act correctly and how to receive payments for an accident under Rosgosstrakh OSAGO, it is advisable to familiarize yourself with our recommendations:

calling traffic police officers who will draw up an accident report, followed by the collection of the necessary documentation: protocol, certificate of accident, resolution, invoices for payment of evacuation services, passport and vehicle passport, insurance;
after completing the application and making photocopies of documents, an examination must be completed within five days;
sometimes the insurance company offers to replace the cash payment with the repair of the damaged car - there is one risk: the owner of the service is responsible for the repair, that is, an unsuccessful repair will require additional payment by the victim (for more information about this compensation option, read the article here);
a reliable way to receive an insurance payment is to conclude an agreement with a lawyer who will competently draw up a claim, eliminate the need for paperwork and avoid red tape in assessing the damage; all damages are guaranteed to be actually taken into account;
the victim carefully studies all the documents that are given to him for signature - since any party has the right to disagree with the circumstances stated by the police officer (every detail will play a role when paying compensation).

You should not agree to the offer of insurance companies to pay insurance compensation without conducting an examination - such a decision cannot be appealed, since the text of the document will contain the signature of the injured person.

It happens that insurance companies pay mere pennies compared to the declared amount. What should I do to get the full amount from the insurance company? Director of the Society for the Protection of Motorists' Rights Dmitry Kapustin gives his comments

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

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

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

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

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

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

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

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

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

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

Insurance payment procedure

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

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

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

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

It will include:

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

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

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

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

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

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

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

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

How to receive all payments under an insurance policy

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

The driver is not mentioned in the insurance

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

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

If the other party does not have insurance

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

When compensation is not enough

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

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

Payment if there are victims

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In this case, you can do the following:

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

Conclusion

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

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

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Note to motorists. How to get insurance after an accident?

Even the most experienced and careful driver is not immune from getting into an accident; the order of actions after the occurrence of the incident is important. Whether the victim receives an insurance payment depends on how correct this sequence is. The process of filing an insurance claim and receiving compensation is confusing and consists of several stages.

What should the victim do next after registering a traffic accident with the traffic police?

At the scene of the accident, traffic police inspectors determine which driver is at fault and draw up a report on the inspection of the scene . All certificates and documents that will be needed to provide to the insurer will be issued later at the traffic police department. For more information on how to correctly call the traffic police to the scene of an accident, read our article.

The first thing a victim should do after filing an accident is to contact the insurance company of the driver who caused the accident. This is necessary to register an insured event (the victim tells the details of what happened and answers additional questions). Then you should go to the insurers and write a statement; it is advisable not to delay this visit.

Company employees have the right to inspect or examine the damage. In this case, both parties must be present, both the culprit and the victim. The driver takes copies of all documents presented, and each one must bear an acceptance mark. The date of acceptance on the last issued document serves as the starting point for compensation payments.

In cases where the insurance payment does not cover the costs of repairs (this is due to the fact that the cost of damage is calculated based on the approximate cost of the parts), after the restoration work has been carried out, all work orders and receipts are presented to the company of the person responsible for the accident . This way you can compensate for the money spent.

Actions after an accident to obtain compensation

To receive insurance compensation, you need to follow a certain algorithm of actions. After the occurrence of an insured event, the driver is obliged to notify his insurance company about this. Read more about how insurance is paid in case of an accident if you have MTPL and CASCO insurance here.

Contacting the insurer

As soon as an accident occurs, the owner of the car contacts the company with which the contract is concluded.
While the insurer is sending an employee to the scene of the accident, it is advisable to take photographs or videos of all the details of the incident.
The required list of documents is filled out by the driver and traffic police officers (notification of an accident). The driver keeps all copies for himself. If there are witnesses, their testimony is also documented.
After the car is submitted for examination, the policyholder goes to the office of his company and writes an application for insurance compensation. A list of additional documents is attached to this paper.
If the insurer accepts the application, an insured event report is issued. It is based on examination data, the price of damaged spare parts and the full cost of damage.
Such an act serves as the basis for calculating insurance compensation under compulsory motor liability insurance.
If the driver makes a choice in favor of repairs under MTPL, then the insurer makes a cashless payment to the service station performing the repair work. In case of receiving funds, the client indicates the account number when writing the application. If the driver was very seriously injured and does not have the opportunity to do everything personally, then the emergency commissioner will perform all the necessary actions without the presence of the victim.

Package of documents for an insurance company

The list of documents that may be needed to process payments is quite extensive:

Passport or identity card of the victim.
Valid driver's license.
Documents for the vehicle.
Valid diagnostic card.
OSAGO insurance policy.
A copy of the notification about the traffic accident from the traffic inspectors.
A copy of the decision on the administrative violation.
If the registration was carried out by police officers, then a certificate of the accident is presented. It must be certified by the head of the State Traffic Inspectorate unit.
If the driver who was driving at the time of the accident was driving the vehicle under a power of attorney, you must present the power of attorney. certified by a notary. If the victim's name is not included in the insurance policy, there is no hope of receiving payments.

Additionally, the following documents are required to be presented if the victim’s property was damaged:

ownership documents;
expert evidence of damage;
check for payment for expert services:
other evidence confirming damage to property.

In case of harm to health, compensation is also provided in accordance with Art. 7 No. 40-FZ dated April 25, 2002. This fact needs documentary confirmation.

Article 7 of Federal Law No. 40. Sum insured

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

in terms of compensation for harm caused to the life or health of each victim, 500 thousand rubles;
in terms of compensation for damage caused to the property of each victim, 400 thousand rubles;

If the accident resulted in the death of a person, then the list of documents may include:

a statement indicating family members of the deceased;
death certificate;
if there are children, then their birth certificates;
certificates from various educational institutions stating that the children of the deceased are studying there;
provision of certificates if someone from the family of the deceased is disabled;
medical report if someone from the family needs specialized care;
a document describing funeral costs.

Carrying out an examination

If, according to preliminary estimates, the cost of damage exceeds 120,000 rubles, an independent examination must be carried out. The amount of money spent on the services of a third-party specialist is usually included in the total payment under compulsory motor liability insurance.

An independent examination is considered more appropriate, because experts from the insurance company usually underestimate the cost of restoration work. Having received a report from specialists, the difference in the assessment of losses and insurance payments can be reimbursed from the personal funds of the person responsible for the accident.

At the first stage, it is necessary to organize the simultaneous arrival of insurers and an expert commission. A notification must be sent to the insurance company several days before the procedure. If the insurer does not appear at the appointed time, the commission itself conducts an inspection and makes a decision.

Drivers always try to prepare the vehicle for inspection. Since the presence of rust on the affected parts means a reduction in the amount of payment (painting is not paid), car owners try in every possible way to hide old damage and minor scratches. Some are trying to paint over or cover up the rust, while others are trying to take a photo from the best side.

After the inspection and preparation of the report, all received papers (expert report, check for payment for services, statement that the receipt is attached to the payment under compulsory motor liability insurance) are sent to the insurance organization. The client keeps copies of all documents for himself in case of litigation. Since you need to report the occurrence of an insured event to your insurance company as quickly as possible, it is better to independently carry out an independent examination, collect the entire list of documents, and then contact the insurer to process compensation.

How long does it take to pay compensation?

The valid period for insurance organizations to make compensation payments under MTPL is 20 days from the date of writing the application and submitting documents by the policyholder. According to Part 21 of Article 12 No. 40-FZ of April 25, 2002, the legislation provides for serious sanctions if the payer delays with compensation. These events are the result of a large number of claims from vehicle owners due to non-payment.

These 20 days do not include weekends and holidays. If a refusal letter or funds have not been received by the end of the period, a daily penalty will begin to accrue. The penalty for delay in reimbursement is 1% of the total amount , and for delay in making a decision on refusal - 0.5%.

Amount of payments under compulsory motor liability insurance

The amount of payments for insured events is limited. The monetary compensation paid by companies may not be sufficient to cover the total cost of losses. For 2018, the maximum amounts for compulsory motor liability insurance have been established:

When compensating for damage to property, each victim can claim up to 400,000 rubles.
When compensating for harm caused to human life and health, victims have the right to receive compensation in the amount of up to 500,000 rubles. Each person injured in an accident can receive the maximum amount.
When paid in the event of the death of a participant in an accident, compensation to the family of the deceased reaches 475,000 rubles.
If the burial is organized not by relatives, but by strangers, then the insurance payment does not exceed 25,000 rubles.

How to receive money when registering under the Europrotocol?

The Europrotocol is a standard form for processing insurance payments without the help of representatives of the law. The participants in the accident fill it out themselves immediately after the accident , and then provide it to the insurance company. A Europrotocol filled out correctly is the basis for receiving compensation under a car insurance policy. To register an accident in this way, the following mandatory factors must be present:

All parties involved in the accident must have current insurance policies.
The culprit and the victim found a compromise on all points (fault, cost of damage, circumstances).
No people injured.
Both drivers are not under the influence of medications, alcohol, or drugs.

If at least one of the points is not met, registration proceeds according to the usual procedure. The amount paid under the Europrotocol does not exceed 100,000 rubles. Using this service significantly saves drivers time and money, and the registration process itself is very simple. The main thing is to have time to submit the completed document to the insurance company of the culprit before the expiration of three days from the date of the incident.

If there are no errors in filling out the European protocol, no additional documents will be required for compensation. Standard forms are included in the car insurance policy. If necessary, an additional sample is provided by the insurer free of charge.

Despite the existence of a clear procedure for receiving payments, there are many nuances that become clear only during the course of the case.

Even specialists from insurance organizations provide conflicting information. Participants in the accident need to remember that restoration work cannot begin within 15 days after the incident . This time is allotted for insurers to visit for inspection.

After signing the notice, it is prohibited to make corrections therein. If a referral for repairs has been received, the car owner does not have the right to change the service station at his own discretion. While waiting for the money to arrive, there is no need to start repair work; if a delay occurs, a re-inspection of the vehicle may be necessary.

And finally, do not forget that the statute of limitations in such cases is three years. All documents received during the payment processing process are stored until the expiration of this time.

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Sequence of actions to receive insurance payment under compulsory motor liability insurance after an accident

What does any car owner injured in an accident want most?

— receive insurance payment under compulsory motor liability insurance as quickly as possible

- so that the insurance payment under compulsory motor liability insurance is enough for repairs, and maybe there is still some left...

What does the insurance company want when a car owner applies for compulsory motor liability insurance?

— pay out insurance under compulsory motor liability insurance for as long as possible

- pay as little as possible...

As a result of the fact that the desires of the car owner injured in an accident and the insurance company are directly opposite, an irreconcilable war arises, in which today insurance companies mostly win, due to the lack of sufficient knowledge and action algorithm for motorists to receive payment under compulsory motor liability insurance after an accident.

In this article we will analyze in detail each point, the sequence and features of actions to receive insurance payment under compulsory motor liability insurance after an accident.

And so, let's look at each point in detail and give comprehensive comments.

In case of minor damage - European protocol or call the traffic police.

In law:

On June 1, 2018, changes to the traffic rules came into force, which provide that in an accident with minor damage (if the damage caused to the victim is less than 100,000 rubles), drivers are required to clear the roadway if the movement of other cars is obstructed. Otherwise, you will have to pay a fine.

Conditions for registering an accident under the European Protocol:

— 2 cars were involved in the accident

— There were no casualties in the accident, only cars were damaged

— Both drivers have valid MTPL policies

— Both drivers have no disagreement about the circumstances of the accident and who is at fault for the accident

— The estimated damage to the victim is less than 100,000 rubles

To register an accident, you must fill out the accident notification form “correctly”.

In fact:

Most motorists do not know how to “correctly” fill out an accident notification form.

Insurance companies have strict requirements for filling out an accident notification form and use any excuse to refuse payment. I checked the wrong box - refusal, drew the diagram incorrectly - refusal, failed to complete the application within 5 days (for both participants) - refusal, etc.

As a result:

By not filling out the notice “correctly”, you will lose the right to receive insurance payment under MTPL!

In case of significant damage.

In law:

By calling the traffic police officers to the scene of an accident, you will receive a decision as a result. Since 2018, traffic police officers no longer issue a certificate f.154 with a list of damages received by a car in an accident.

In fact:

Traffic police officers often negligently perform their duties, recording damage to the car in the order according to the words of the victim, who does not know the design of the car or, in a state of nervous tension, is not ready to name all the damaged elements of his car.

As a result:

The insurance company, in the process of paying out insurance under compulsory motor liability insurance after an accident, relies on the records of traffic police officers about damage to the car; if some elements were not recorded in the resolution, the insurance company will not pay you for them!

Why is it necessary to conduct an independent examination before visiting the insurance company?

In law:

According to the MTPL policy concluded after 04/28/2017, insurance companies are obliged to make insurance payments only in kind, that is, repairs .

If the insurance company cannot repair the car, then the damage caused to the car in cash, taking into account wear and tear .

In fact:

The insurance company inspects your car, calculates the cost of repairs and the amount of damage, taking into account wear and tear. She chooses what is profitable for her and either issues a referral for repairs, or pays in cash, taking into account wear and tear.

At the same time, the insurance company, as a commercial organization, also wants to make money.

If you were given a referral for repairs and you came to a repair shop, the service station employees say that the money received from the insurance company is not used for “normal” repairs. They will ask you to pay extra out of your own pocket. Thus reducing the payment to the insurance company.

If you are paid in cash, they will artificially lower it by 10-50%. You don't know how much you should be paid.

As a result:

In any case, you pay extra for repairs out of your own pocket.

You conduct an independent examination after an accident before visiting the insurance company.

In law:

You have the right to conduct an independent examination at any time, both before and after visiting the insurance company.

In fact:

You are the customer of the examination, you pay money, which means that during the examination all your comments will be taken into account, the examination will be carried out at a time convenient for you, and the shortest possible time period specified in the contract will be observed. During the examination, all hidden defects will be taken into account, all parts damaged in an accident, and you will control the quality of the examination upon receipt of the package of documents.

As a result:

You save time, you receive high-quality service, you know how much you should receive as a result of paying insurance under compulsory motor liability insurance after an accident. You can choose a service station to repair your car based on the amount calculated to be paid and conduct a reasoned dialogue with representatives of the insurance company and at the service station regarding the parts being repaired and replaced.

In law:

According to the Law on Compulsory Motor Liability Liability Insurance, in order to receive insurance payment under compulsory motor liability insurance after an accident, you need to contact the insurance company, submit a traffic police resolution, and also present your damaged property to the insurer.

In fact:

Most insurance companies have organized single centers for receiving applications for compulsory motor liability insurance and inspecting damaged cars. In these centers you will spend more than one hour, and often almost the whole day, to submit an application for compulsory motor liability insurance and, if your car is running (you drove it), present its damage to the “expert” of the insurance company. Your car will be inspected superficially (what they see), the inspection place is not equipped to identify hidden defects, just say on the street, in the parking lot. And if atmospheric factors (rain, snow, cold, time of day) interfere with the inspection process, then do not expect that the payment of insurance under compulsory motor liability insurance after an accident will be adequate for the repairs.

As a result:

By contacting the insurance company immediately after an accident, you risk paying for a significant portion of the repairs out of your own pocket.

You conducted an independent examination before contacting the insurance company and present your damaged car along with the results of the examination.

In law:

You have the right to apply for payment under compulsory motor liability insurance within three years after the accident, under the European protocol within 5 days after the accident.

You are required to present your property for inspection by the insurance company.

The insurance company is obliged to make a payment or issue a referral for repairs within 20 calendar days.

In fact:

You choose a convenient time to write an application to the insurance company, and attach an independent expert report along with the application.

If your car is running, present its damage to a representative of the insurance company. If you don’t want to sit in line for an inspection, you can cheat (after all, according to traffic regulations, various damages, including damage to lighting devices, prohibit the movement of vehicles), in the application for payment of insurance under compulsory motor liability insurance after an accident, indicate that the car is not running and the insurance company will send its “expert” to the place where the car is parked. The same applies if the car is not running.

As a result:

You contact the insurance company when it is convenient for you, you know how much you should be paid, you save time and nerves. The payment period of 20 calendar days begins from the moment the application is written, and not from the moment your car is inspected by an “expert” of the insurance company, save a week or two.

In law:

The insurance company, after you write an application, is obliged to pay full compensation for damage from the accident within 20 calendar days.

In fact:

You will receive the so-called “indisputable payment”, which is what insurance companies call a small part of the compulsory motor liability insurance after an accident that you are entitled to, which they pay. As soon as they looked at the eyes, they paid. By paying little, insurance companies rely on the inertia and lack of knowledge of motorists. Indeed, according to statistics, only one out of ten motorists, having received an underestimated payment, conducts an independent examination after an accident and writes a claim to the insurance company.

As a result:

You get “some money” and don’t understand whether it’s a lot or a little. Whether you have enough for repairs or not. As a result, you usually end up paying extra for repairs out of your own pocket.

After paying out your MTPL insurance after an accident, you realized that you were paid little and the money received was not enough for repairs

In law:

You have the right to submit a pre-trial claim to the insurance company, justifying it with the results of an independent examination after an accident.

The insurance company is obliged to either satisfy the claim or give a reasoned refusal within 10 calendar days.

In fact:

Having initially paid little, the insurance company relies on the usual statistics, because 9 out of 10 injured motorists, having received an underestimated payment, do not go anywhere and add on repairs from their own pockets.
If the insurance company does not satisfy the claim, the case will go to court and it will be proven that the insurance company paid less than it should have, a fine of 50% of the amount of the underpayment will be imposed on the insurance company plus a penalty of 1% per day of the amount of the underpayment, which takes into account the length of legal proceedings on average 3-4 months will amount to 100% of the underpayment. Simply put, if the insurance company takes the case to court, it will pay 2.5 times more, which is very unprofitable. For example, the underpayment to the insurance company was 20,000 rubles, the fine will be 10,000 rubles, the penalty will be 20,000 rubles, the insurance company will pay a total of 50,000 plus all legal costs.

Due to large fines, insurance companies pay for pre-trial claims very actively; you only need to write a claim.

As a result:

You wrote a claim and within 10 calendar days you receive the unpaid money.

You wrote a claim, you were paid 100%, they “threw you another bone”, paid you a little extra money, or “reasonably” refused

In law:

The insurance company is obliged to either satisfy the claim or give a reasoned refusal within 10 calendar days.

There are significant fines for failure to meet payment deadlines.

According to the decision of the Plenum of the Supreme Court, if the difference between the calculations of various experts is less than 10%, then this difference is within the limits of the average statistical error.

In fact:

In large insurance companies, hundreds of applications for compulsory motor liability insurance and dozens of claims are submitted per day, and the deadlines are so short - 20 days for payment and 5 days for processing the claim. The task of insurance companies is to meet deadlines at all costs, and accordingly, most of the payments and claims are processed carefully and scrupulously, and some of them are processed. Your claim may fall into any part, and accordingly the result may be different. Maybe your claim will be satisfied 100%, or maybe it will be denied for an absolutely ridiculous reason.

In most cases, claims are satisfied, since the initial payment, as a rule, is made for external damage or those damages that were “seen by the insurance company’s expert.”

Some insurance companies act even more cunningly and pay out just enough for a claim so that the difference between the calculation of an independent expert report after an accident and the payment to the insurance company is 9-9.5%; in this case, you formally cannot go to court, since, according to the Plenum’s explanation Supreme Court, this difference is within the average statistical error.

As a result:

You can receive 100% compensation under MTPL by filing a claim.

You may receive an unreasonable refusal with the reference that the independent examination report does not comply with Russian legislation.

You can receive a payout of 90-91% and cannot go to court.

Your claim was refused with reason or you were paid a little, but not all

In law:

In case of a reasoned refusal of a claim or partial underpayment, you have the right to go to court.

If it is proven in court that the insurance company paid less than it should have, the insurance company will be subject to a fine of 50% of the underpayment plus a penalty of 1% per day of the amount of the underpayment from the date of payment or denial of the claim until the court's decision. Penalties cannot be more than 100% of the amount of the underpayment.

In fact:

Most motorists are afraid of the courts and do not believe that they can achieve justice when paying insurance under compulsory motor liability insurance after an accident. What insurance companies really count on.

Experience shows that when you turn to specialized lawyers, you can count on 100% success in court.

Specialized lawyers for insurance payments under compulsory motor liability insurance after an accident will analyze your case and give comprehensive answers on the prospects of winning the case in court. The statement of claim will indicate the amount of underpayment, the amount of fines and penalties due to you by law.

As a result:

As a result of going to court with the help of specialized lawyers, you will receive the missing insurance payment under compulsory motor liability insurance after an accident, receive a 50% fine and penalties, and you will also be compensated for all your legal costs.

Free consultation: tel. (812) 400-5-400