The insurance company is delaying payment under compulsory motor liability insurance, what to do?

The insurance company delays payment

Unfortunately, unreasonably low compensation for damage after an accident is far from the only problem that car owners face when interacting with the insurer. Sometimes it happens that the insurance company delays payment, not considering it necessary to provide the injured person with at least some clear explanation. The company seems to be serious, but all the required procedures have long been completed, the necessary documents have been submitted, but the long-awaited amount does not arrive either on the appointed date or the day after it. The car owner is trying to find out what happened to his money, but in response he receives only standard signals that his case is currently under consideration. The situation is becoming extremely unpleasant.

How can you get your rightful money if the insurance company delays payment? What actions should you take? Let's figure it out.

So, the insurance company delays payment. Is it worth doing something right away?

The main thing to remember is that the law is on your side. All acceptable deadlines for receiving payments for voluntary or compulsory insurance are fixed by the relevant rules.

As long as the insurance company delays the payment slightly, there is no urgent need to take any action, since there is nothing terrible in this situation - it happens. Many insurers are guilty of this today for a variety of reasons: an incorrectly structured payment process, a lack of staff, and much more. A minor delay usually means a week or two, so we advise you to wait the standard fifteen days. Maybe even a little more.

If the insurance company requests additional documents several times, then you should not take this circumstance for granted. If you are not confident in your abilities and knowledge, you can always contact our expert organization for advice. Our specialists will check the documents required by the insurer from the point of view of real necessity and issue their verdict. If such a need arises, we will help you in matters of interaction with the insurance company and offer representation in court. Let's defend justice together.

The insurance company has been delaying payment for a month now. Should I continue to wait?

The answer is negative. In cases where the delay has exceeded the threshold of a month, it is necessary to move from expectation to action. Otherwise, you risk endlessly receiving the same signals with stories that all funds are about to be paid.

An acceptable option is to file a complaint with the FSSN and RSA. A sample form can be found on their official websites. Such a move is usually not particularly effective: as a rule, the insurer always finds a way to justify itself. Therefore, the regulatory authorities do not find any violations, and the case does not move forward. However, it is worth a try, since a large number of complaints will in any case create problems for the unscrupulous insurer later.

If the insurance company delays payment, you must first file a claim with it out of court. The claim is also drawn up according to the existing template; you can read more about it on thematic resources. The main thing that should be displayed in it is the requirement to pay the amount of money due to the injured party in accordance with current legislation. It is permissible to send a pre-trial claim to the insurer by letter with acknowledgment of delivery. A more usual way is to transfer the claim through the secretariat of the insurance company with a note of acceptance. Efficiency, as in the case of complaints to regulatory authorities, is not always high, but in court you will have confirmation in your hands that you tried to resolve the problem with the insurer on your own. In addition, often the claim really works - in those cases, as a rule, when problems with payments are justified by the chaos in the state of the UK. Then compensation priorities are simply adjusted in your favor.

Often the response to a claim is the same standard go-ahead, and sometimes the policyholder’s statement is completely ignored. Then there is only one way out - you need to go to court.

The insurance company is delaying payment. What does the legislation say?

The payment period for compulsory motor liability insurance is twenty calendar days. It is counted from the moment the insurance company receives all the necessary documents, including the appraiser’s report. During the specified period, the insurer is obliged to either make an insurance payment to the injured party or provide it with a justified refusal.

If this obligation is ignored by the insurance company, then for each day of delay the latter will have to pay the policyholder a penalty in the amount of 1% of the amount of underpayment.

For CASCO insurance, the average payment period ranges from two weeks to one month. In situations where specific deadlines have not been specified, after this period you have the right to file a pre-trial claim demanding an insurance payment within the next week. This requirement can be justified by the provisions of the Civil Code, which stipulate that payment of compensation must be made within a reasonable time.

For what reasons does the insurance company delay payment?

A huge number of reasons can be identified and counted, but the main ones form the following list:

the insurer does not have the funds necessary to pay;
the documentation package is not presented by the policyholder in full;
the independent expert delays the damage assessment.

The most common reason, associated with short delays due to minor circumstances, was not included in the list. Let's consider the rest in order.

The insurance company is delaying payment because it doesn't have the money.

If the insurer does not have enough resources to pay compensation, then there are several likely scenarios. The first is that the difficulties are temporary, the insurance company will deal with them over time. This scenario is not very pleasant, but it is definitely not the worst: the policyholder will eventually receive the funds due to him, albeit not very quickly. The second scenario is that the insurer goes bankrupt. And sometimes it disappears completely. Obtaining compensation in such a development of events can be a very difficult procedure, since in court proceedings you will probably win, but it may not be of any use. The bankrupt person will simply have nothing to pay you with.

However, the payment under compulsory motor liability insurance for a bankrupt company will be made by the state.

The insurance company is delaying payment because it requires additional documents from the policyholder.

The documentation package was not presented by the policyholder in full - this also happens. If such an incident occurs, the insurance company sends a request to the appropriate authority and notifies the injured party.

Since the rules usually state that the insurer has the right to delay payments for this reason, the policyholder in such a development of events can only gain strength and patiently wait for the desired payment. Until the package of necessary documentation is provided to the insurance company in a comprehensive form, no compensation will be paid. The previously mentioned complaints to the regulatory authorities in this case do not make any sense, since the insurer does not violate anything. The incident is relatively harmless. Some drivers even breathe a sigh of relief when they find out that the reason for the delay lies precisely in this, and not in something more serious. However, you should not be deceived: you need to analyze the additional documents requested by the insurer from the point of view of real need. Sometimes it happens that stories about an incomplete set of documentation are just another form of standard go-ahead designed to stretch out time.

The insurance company delays payment due to an independent expert

Due to the fact that the assessment report is drawn up by an independent expert, nothing depends on the insurance company in this matter. However, do not forget about the above-mentioned Civil Code, which establishes that payment of compensation must be carried out within a reasonable time. Therefore, you do not have to wait months for an assessment.

It happens that at first the insurance company delays payment, and then, after months of stress and tedious waiting on the part of the policyholder, it also pays the compensation itself in an unreasonably low amount. You can find out the reasons and nuances of this circumstance here on our website. In this case, there is no need to worry, everything can be solved. Contact us - we will help!

What to do if the insurance company delays payment under compulsory motor liability insurance?

Home » Road accident » Compensation for damage from road accidents » What to do if the insurance company delays payment under compulsory motor liability insurance?

All owners of motor vehicles know that the conclusion of compulsory insurance contracts for their civil liability (OSAGO) is aimed at ensuring the possibility of compensation to persons injured as a result of an accident for damage caused to their life, health and property. Persons driving a car, their passengers and pedestrians can count on receiving insurance payments.

In practice, everything turns out to be more complicated. Almost every second insured event gives rise to disputes between insurance companies and those who contact them. Insurers are trying to find reasons to completely refuse compensation for damage or underestimate the amount due to the victim. This happens due to their ignorance or incorrect interpretation of the legislation.

What to do if the insurance company violates the payment deadline for compulsory motor liability insurance

If the insurance company does not refuse to make payments, but under any pretext postpones the deadline for fulfilling its obligations, then the person injured in the accident will have to spend a lot of effort and time to oblige them to compensate for the damage.

Victims achieve this in different ways. Some write numerous complaints against them, others seek justice from regulatory authorities, and some begin to sue unscrupulous insurers.

What is the right thing to do if the insurance company treats you like this?

First of all, all victims begin to find out from their surroundings: whether any of them found themselves in such an unpleasant situation. Here you need to be prepared to listen to a lot of stories, reasonable and not so reasonable advice. Ultimately, a decision is made to write a complaint against the insurer to its higher authorities or to the prosecutor's office, to the Union of Auto Insurers.

There is a reason for this. It is possible that the prosecutor's office, after their inspection, will issue a prosecutorial response and oblige the insurer to make the required payments. But there is no guarantee that it will be executed immediately. Especially if the insurance company starts challenging it. And the chances of getting an order issued are not so many.

Typically, the prosecutor's office in disputes in which the interests of the state are not affected is limited to an explanation of the law and recommendations to resolve the issue in court.

Therefore, it is better to go the other way and use more effective ways to resolve a conflict situation.

The amount of compensation due directly depends on how the damage caused as a result of the accident is assessed. It is worth obtaining an act of assessing the consequences of an accident that would suit you.

Considering that the insurance company itself selects appraisers, victims often have doubts about the objectivity of the appraisal report. There are cases when appraisal companies act in the interests of insurers when assessing the harm caused to the victim.

In this case, all that remains is to wait for the appointment and receipt of the insurance compensation, and then report your disagreement with its amount, citing the fact that it will not cover all your repair costs.

Most importantly, do not repair the car, leave it in the same condition as it was immediately after the accident. Now you have the opportunity to make an independent assessment of the damage caused to your car by choosing any appraisal company at your discretion. Bring to the attention of the insurer and the person responsible for the accident that you have initiated a repeated, but independent, assessment of the damage.

Once the report is ready, start filing a claim against the insurance company. Compliance with the pre-trial dispute resolution procedure is mandatory for this category of cases. Otherwise, the court may return the claim without consideration.

Is it possible to receive payments under CASCO and MTPL at the same time?

What to do if the insurance company has paid little under compulsory motor liability insurance, read here.

When filing a claim, do not clutter it with unnecessary unnecessary information. It should be concise, meaningful and, most importantly, competent. This means that it must contain references to the terms of the contract or regulations.

If the insurance company sees that it is dealing with a legally competent person and has little chance of winning the case in court, then most likely it will meet you halfway and satisfy your demands. Thus, she will protect herself from additional costs, such as reimbursing you for the cost of paid state duty or paying for lawyers.

It is better to use the services of professional lawyers who have experience in such matters. By spending time and effort preparing a claim, you will not have to go through the courts later.

When submitting a claim to the insurer, attach to it an independent assessment of the damage caused to you. If you do not receive a response to it within the prescribed period or do not agree with it, then go to court to protect your material interests.

Start by drawing up a statement of claim in which the defendant will be the insurance company that refuses to pay the insurance compensation.

Leave this matter to the lawyers. Of course, you can draw up a claim yourself using samples available on the Internet. But in this case, some points that are specific only to your situation and that are important for a positive outcome of the case may be missed.

A lawyer will not only draw up a correct claim in accordance with the requirements of the Code of Civil Procedure of the Russian Federation, but will also help deal with other issues. For example, how to recover moral damages or collect all the documents necessary for the court. The list of them is individual in each case.

But there is a list of documents that no such process can do without:

documents for the car you own;
documents proving the accident;
insurance policies (MTPL or CASCO);
a copy of the claim to the insurer;
receipts for expenses you have made.

Attention! Be sure to take part in all court hearings. It is advisable to enter into an agreement with a lawyer who will represent your interests. He is familiar with the procedure for considering civil cases in courts, is well versed in the law and will always be able to give comprehensive advice on your case.

Upon completion of the consideration of the case, you will receive a writ of execution issued based on the court decision. It is on this basis that deductions will be made in your favor in a non-cash manner.

This should be done if it is necessary to collect insurance payments in court. If everything is done consistently and correctly, the issue will be resolved quickly.

Terms of insurance payments under MTPL

The law stipulates the time frame within which the insurance company must consider the victim’s application and make a decision on it. Previously, the insurer was given one month to do this.

Now this period has been reduced from September 1, 2014 to 20 calendar days.

Holidays are not taken into account. For example, if the application is submitted on the eve of the New Year, then the period for you to receive a response will be delayed due to holidays.

Many insurance companies adhere to these and other statutory deadlines for the following reasons:

desire to maintain your reputation with clients. All cases of unreasonable refusals have a negative impact on the company’s image and can discourage many clients from contacting it;
avoid paying a penalty for late payments. If earlier this amount was low, now it depends on the amount of insurance payments and amounts to one percent. Penalties are accrued for each day of late payment. On average, its amount is about 500 rubles per day.

Why don't insurers pay on time?

Along with insurance companies that work honestly and conscientiously, there are insurers that violate the deadline established for consideration of a claim.

Why is this happening?

The reasons can be very diverse:

lack of employees in the company and heavy workload on them;
non-compliance with internal document flow rules within the company;
the applicant has submitted an incomplete package of documents, as a result of which it is not possible to objectively consider the client’s application;
the presence in the courts of a criminal or civil case related to this accident, the proceedings for which have not yet been completed.

As you can see, not in all cases the fault for missing a deadline lies with the insurer. At the same time, he should resolve personnel issues and properly organize work with statements from victims.

Since in the first two cases the insurance company is to blame, then under such circumstances it will have to pay the victim the above-mentioned penalty.

Where to go if the insurance company does not pay money under compulsory motor liability insurance

Insurers often look for and find reasons to deny their clients payment for an insured event. The policyholder has the right to receive money under the MTPL policy for restoration repairs or auto repair shop services. Let's consider in what cases the insurance company's arguments will be justified, and when it is necessary to act in order to receive compensation.

Legitimate reasons for refusal to pay under compulsory motor liability insurance

Vehicle owners are required to know in what cases they are entitled to pay under compulsory motor liability insurance, and when the insurance company refuses quite legally. Such situations include cases:

the driver injured in the accident did not take out a motor vehicle liability policy;
the essence of client claims is compensation for moral damage;
the expiration date of OSAGO has expired;
violation in the procedure for registering an accident, incorrectly drawn up European protocol;
the circumstances of the accident are questioned: whether it really happened;
the victim refused a medical examination;
the victim’s claim is for compensation for damage to health that arose for reasons other than the traffic accident;
The vehicle was damaged as a result of a collision with structures, supports, buildings, cultural or architectural monuments, etc.

To be fair, let us remind you that illegal arguments are:

the culprit was drunk or refused a medical examination;
the culprit has a fake MTPL policy, is not insured, or has an expired motor vehicle license;
the insurer of the person at fault for the accident is bankrupt or has a revoked license;
the culprit is deprived of the right to drive a car.

In cases where the insurance company refuses to pay, you can and should act. You should not let the situation take its course, because the driver injured in the accident aims to receive compensation legally.

Procedure if the insurance company does not pay under compulsory motor liability insurance

In 90% of cases, unscrupulous insurers do not pay money without explanation. They delay the deadline for accepting documents, look for inconsistencies and can, in principle, “lose” the documents.

There are cases when the insurance company responds in writing to a client’s application about the impossibility of making compensation, arguing the reasons for the refusal and possible solutions to the problems. In all other cases, the insurance company can make a so-called unsubscribe, relying on the illiteracy of the policyholder and his inexperience.

Advice! Insurance companies often frighten the client with their authority, connections and high costs for legal fees, which sometimes demotivates the injured party to continue to demand compensation for damage from an accident. But do not be afraid, judicial practice knows a large number of successful solutions to this problem.

How does the law regulate such a situation?

From the point of view of the law “On Compulsory Motor Liability Insurance”, the insurance company is obliged to give the client a written response to his request within 10 working days. But, as mentioned above, only a small part of the IC acts in this way.

The same regulatory legal act also states that in the event of insufficient documents, the Investigative Committee is obliged to provide a complete list of missing papers and inaccuracies in their execution within 3 working days in writing by mail or by direct contact to the victim. At the request of the victim, the Investigative Committee is obliged to accept electronic copies of the missing documents.

Within a period not exceeding 5 working days from the date of submission of the application, the insurance company is obliged to inspect the car, agree on and sign the report.

If the policyholder disagrees, the company is obliged to organize an independent technical examination to identify discrepancies in the payment amount.

The responsibilities of the insurance company are described in more detail in Article 12 of Federal Law No. 40 (Procedure for the implementation of insurance compensation for harm caused to the victim). Violation of this provision by the insurer becomes a reason for appealing to higher authorities.

Step 1. File a claim

A pre-trial claim is a document that resolves most disputes with the insurance company. Sometimes even a complaint addressed to the head of the Investigative Committee helps solve the problem, but pre-trial proceedings are a more powerful “argument” on the part of the injured driver.

The advantages of such a solution eliminate the need to pay court fees, lawyer services or legal consultations, and waste time on all sorts of hassles.

Important! A pre-trial claim is a preliminary step for filing a claim in court. An attempt to resolve the issue in this way is an additional “plus in karma” for the victim before the court.

Any person can file a pre-trial claim: a citizen of the Russian Federation, a foreigner, a legal entity or an individual. Some insurance companies even have special forms for preparing this document. If you have doubts about the correctness of the registration, it makes sense to seek advice from a lawyer.

The document can be written in free form, but all the necessary information must be presented there:

FULL NAME. IC client, his passport details, address, contact phone number;
for legal entities, it is necessary to indicate the form of ownership, legal name, legal address and telephone number, as well as details of the responsible person;
name of the insurance company where the pre-trial claim is filed, physical and legal address;
an explanation of the situation that resulted in the conflict;
essence of the claim: non-payment of the insured amount, insufficient payment, delay, etc.
the explanation must contain references to unfulfilled clauses of the contract indicating the article of law that this or that clause regulates;
requirements indicating the amount of payment.

You should definitely indicate the seriousness of your intentions to go to the end; if the requirements are ignored or not met, the issue will be resolved in court. At the end there is a signature with full name and date.

The following package of documents must be attached to the pre-trial claim:

A copy of the policyholder's civil passport.
Copies of PTS or STS.
OSAGO insurance policy.
Certificate from the traffic police about a traffic accident.
Medical certificate if there is damage to health.
Death certificate, if there are dead.
Conclusion of an independent examination in case of underestimation of payments.
Payment documents confirming other expenses, such as postal, ambulance, tow truck, etc.

Within 10 working days, the insurance company is obliged to respond to the pre-trial claim, and this must be either a payment made or a written refusal.

A pre-trial claim is a good tool to influence the insurer, since each day of delay in payment entails the accrual of penalties. In most cases, money is credited to the client’s account within the first 5 days.

Complaint to RSA

The Russian Union of Auto Insurers or RSA is a public organization that monitors the quality of insurance services and the proper execution of compensation payments.

By contacting the RSA or the Central Bank of the Russian Federation, the client of the insurance company can solve the problem pre-trial, or can file a complaint after the claim is rejected.

The cases when it is reasonable to contact the RSA are the same:

Insurance company does not pay damages after an accident;
delays payment deadlines;
compensation has not been paid in full;
illegally recognizes the case as uninsurable;
canceled the KBM, and many other situations.

Important! You can file a complaint against an insurance company that has refused to pay its obligations only if it is a member of the organization.

You can contact us by phone:

+7(495) 641-27-85 – In Moscow;
8-800-200-22-75 – Hotline for all regions of the Russian Federation.

The claim is drawn up in paper form, similar to the pre-trial one, and all the same documents are attached to it. You can send it by mail to the address: 115093, Moscow, st. Lyusinovskaya, 27, building 3.

Also, residents of the capital have the opportunity to complain personally at the address: st. Lyusinovskaya (Dobryninskaya metro station), 27, building 3. Addresses of other departments can be found on the official website: autoins.ru

Complaint to the Central Bank of the Russian Federation

Another lever of influence on the insurance company is the Central Bank of the Russian Federation. Based on compelling reasons, the policyholder can file a complaint on the official website of the organization at the link: http://www.cbr.ru/reception/

You can submit in paper form by registered mail to the address: 107016, Moscow, st. Neglinnaya, 12

Important addition! When filing a complaint with the Central Bank, focus on providing evidence of a violation of rights, and also double-check the details and contact information of the complainant.

Copies of the complaint are sent to the regional office of the Central Bank, as well as to the insurance company.

Step 2. Prepare a lawsuit

If the pre-trial claim did not have an impact on the insurance company or it was rejected, the driver has the right to go to court. The plaintiff can choose the authority at the place of registration, and the amount of compensation required should also be taken into account.

If the amount exceeds 50 thousand rubles, then the appeal must be filed in the district court, if less - in the world court.

The statement of claim is written in 2 copies, one of which is sent directly to the court, the second must be delivered to the insurance company by registered mail with acknowledgment of receipt or in person. When applying in person, be sure to receive a copy of the copy with the incoming number.

The claim describes everything that is described in the pre-trial claim, but it is better to draft it by an experienced lawyer who will do everything in the form with references to articles of law.

The application is accompanied by a package of documents similar to the pre-trial one, and when submitting the application, obtain an inventory of them. The application is dated and signed in the prescribed manner.

The claim should indicate the name of the court, the plaintiff’s data, the defendant’s data, the essence of the problem, and the requirements. A ready-made sample statement of claim can be found here.

Arbitrage practice

The car damaged in the accident was considered completely destroyed and was subject to disposal. Valid leftovers were not used. The plaintiff demanded full compensation, but refused to give them to the insurer, on the basis of which he was refused compensation.

The court ruled that based on Art. 15. According to the Civil Code of the Russian Federation, real damage is determined taking into account the part that the plaintiff continues to use, so the insurance company was obliged to make a payment without taking into account the cost of the usable balances.

Issues of insurance and subsequent payments are quite extensive, so it is better to consult a lawyer. Thus, you can competently negotiate with insurance agents without even bringing the issue to the point of filing pre-trial proceedings.

If the insurance company refuses to compensate for damages from an accident, the driver has the right to resolve this out of court.

The insurance company is delaying payment under compulsory motor liability insurance, what to do?

What to do if the insurance company delays payment of compulsory motor insurance.

Every car enthusiast in our country knows that compulsory civil liability insurance for vehicle owners, in common parlance - OSAGO, was introduced by the legislator in order to provide every victim in an accident, be it a pedestrian, a passenger or a driver, with compensation for damage caused to his property and life or health.

However, almost every second victim in an accident is faced with a situation where the insurance company does not pay or significantly underestimates the amount of payment.

The reasons for this behavior of insurers are varied. Most often, insurance companies arbitrarily interpret the law and, for delusional reasons, refuse to pay, or delay the payment period, while coming up with a lot of excuses.

What to do if the insurance company does not pay?

Write complaints, quarrel with employees of insurance companies, or look for the truth on the side, knock on the threshold of the prosecutor's office and other regulatory structures?

Below we provide an algorithm for actions in such situations.

When we find ourselves in a situation where the insurance company does not pay or delays payment, the first thing we do is ask our friends, who do not skimp on smart advice and first of all advise punishing the scoundrels with a complaint addressed to the management of the insurance company, the prosecutor, the RSA or the Central Bank of the Russian Federation.

Of course, if the regulatory authorities identify violations in the actions of the insurance company, the latter will receive a formidable order - “to pay everything required by law.” But it is not a fact that the insurance company will immediately comply with the order.

Most likely, the insurer will simply begin the endlessly long appeal process. Moreover, there may not be a prescription, since the interpretation of the law by courts and regulatory authorities may be different. And in response to the complaint, you will be given a simple reply with advice - “go to court.”

So, let's consider a shorter and more effective way to collect insurance payments.

1. Independent damage assessment.

First of all, you should remember that the amount of insurance payment depends on the amount of damage, which can only be assessed by a specialist appraiser.

Currently, the right to choose the location for damage assessment remains with the insurance company. And as a result, experts interacting with the insurance company simply adjust the prices for spare parts, the list and cost of work and the percentage of wear of parts in favor of the insurance company.

Have you already contacted your insurance company?

Then wait until the payment is made or the deadline for payment has expired, and DO NOT REPAIR THE CAR IN ANY EVENT!

If you are not satisfied with the amount of payment or you have not received it at all (and the deadline has already expired), you have the right to contact independent appraisers.

In this case, the right to choose an appraiser already belongs to you.

It would be appropriate to notify both the insurance company and the person responsible for the accident about the upcoming assessment.

2. Claim to the insurance company.

Having received the report of an independent appraiser, you need to prepare and send a claim to the insurer.

Know that at present, compliance with the claims, pre-trial procedure for resolving a dispute with the insurance company is mandatory.

Without a pre-trial claim, the court will return the claim back to you.

The claim must contain references to legal norms and must be drawn up in a legally competent manner, otherwise it will be of little use.

Preparing your claim is a very important step and here's why.

A well-drafted claim will show the insurance company that it is dealing with a competent person, who will go to court and then the insurance company will suffer additional losses. And you just have a chance that the insurer will reconsider its decision and pay you the money. Then you won't have to waste time in court.
The claim affects the court's collection of a fine in your favor. And this is no less than 50% of the amount that the insurance company does not pay.

In any case, a lawyer must draw up a claim, taking into account the characteristics of each accident.

After filing your claim, include a copy of your independent damage assessment and send it to your insurance company.

Wait for the deadline to resolve the claim.

There is no response - we go to court with a claim against the insurer.

3. Statement of claim against the insurance company.

To prepare a claim, you should contact a lawyer.

Of course, you can file a claim yourself, but believe me, a lawyer can handle this better.

He will be able to competently draft not only the text of the statement of claim, but also correctly calculate all the amounts that you can additionally recover from the insurance company.

The court will need a number of documents to substantiate your claims.

The list of documents in each specific case may differ, but the general documents will be:

— registration documents for your car (PTS)

— documents confirming the fact of the accident (certificate of road accident, protocols and resolutions of traffic police officers),

— OSAGO or CASCO policy,

— documents confirming the application to the insurer for insurance payment (copy of the application),

- bank account statement about paid insurance,

— independent assessment of damage,

- claim to the insurance company,

— documents confirming expenses incurred (checks, contracts, receipts, invoices, etc.).

4. Proceedings in court.

Participate in all court hearings, preferably with a lawyer.

A lawyer knows the intricacies of the law better and will be able to fend off the insurer’s arguments and attempts to evade responsibility.

5. Court decision and receipt of payment.

After the decision is made and it comes into force, receive a writ of execution and submit it for collection. You receive your payment and reimbursement of all expenses incurred to your bank account or card.

As you can see, the procedure for collecting insurance payments is not so complicated.

We sincerely wish you not to get into an accident, and if this happens, then decent insurers who will pay you every penny and without further ado.

If you have to sue the insurance company, now you clearly know what to do.

The choice is yours to go to court yourself or contact a car lawyer, but we advise you to contact specialists.

We hope that now you will not be tormented by the question: “WHAT TO DO IF THE INSURANCE DOES NOT PAY?”

If you have any questions, call our auto lawyers right now at: 8 (4212) 465-025, 8-914-425-71-76.

The insurance company delays payment under compulsory motor liability insurance: complaint and procedure

Within the framework of the law, every motorist is required to purchase a compulsory motor liability insurance agreement, which is guaranteed to cover the expenses of the victim in an accident. According to the law, exact terms for payment and the amount of compensation are established. However, in practice, there is often a delay in compulsory motor liability insurance payments. Let's look at why insurers violate the terms of a mandatory contract and how to deal with it.

Deadline for payments under compulsory motor liability insurance according to law and in fact

All conditions for transferring money for an accident are clearly stated in 40 Federal Law “On Compulsory Motor Liability Insurance”, which is the main document. At the legislative level, the rules are often reviewed, resulting in amendments and additions.

If previously the period for transferring money should not have exceeded 30 days, then from September 1, 2014 it was reduced to 20 calendar days. During the specified period, each client is required to receive funds to pay for repairs or treatment.

The countdown does not occur from the moment the victim contacts the insurance office, but from the date of submission of the last document.

As far as payment of compensation is concerned, things are going well. Insurers transfer funds on time for several reasons:

For late payment of compulsory insurance, a fine is provided for each day of non-payment. These additional costs will necessarily be borne by the organization.
Reputation, reviews. It's no secret that competition in the insurance market is intense. As a result of this, insurers try to maintain a good reputation so that customers not only return, but also recommend the company's products to friends and family.

Important! As for the penalty, it is determined by the formula. The amount of the penalty is 1% of the compensation amount for each day of delay. It turns out that if its size is 100,000 rubles, then the insurance company will be charged 1,000 rubles daily for violating the terms. Agree, the amount is quite impressive.

Why do insurance companies delay payment under compulsory motor liability insurance?

In practice, insurers often delay transfers for a number of reasons. The most common reasons for violations of the rules of the unified law:

there are not enough employees who can serve clients and make payments;
document flow is disrupted;
the injured party did not provide transport for the inspection or did not deliver the required documents;
a complex road accident for which a civil or administrative case has been opened.

For these reasons, financial organizations are delaying the transfer of compensation. As for the first two reasons, the insurer is entirely to blame. According to the law, the insurance company is obliged to provide work on accepting and settling losses. Since the client suffers due to internal reasons of the insurer, the penalty is charged quite legally.

As for the last two reasons, receiving a penalty is out of the question. If the policyholder himself refuses to show the car, the company can issue a refusal on legal grounds.

Important! It should be noted that previously there was really no need to show the damaged car. Amendments were made to the law, according to which this procedure became mandatory, without which payment of compensation is impossible. At the same time, a company employee is obliged to go for an inspection if the car is in a faulty condition or cannot move.

As for the last reason, this is possible when the culprit of the accident violated the rules of the road accident or was intoxicated. In this case, a case will be opened, as a result of which the date of transfer of funds will be increased. It is also not possible to receive a penalty for violating payment.

What to do if there is a delay in compulsory motor liability insurance payments due to the fault of the insurance company

If, after providing a full package of documents and complying with all points of the law, compensation is not received, each motorist can continue to wait or defend their rights.

In the first case, there can be no question of additional compensation. Let's consider what needs to be done in the second case.

Actions in case of delay in compensation:

If there is a delay in payment under compulsory motor liability insurance, a claim is filed. The document does not have a strict form, so drafting it is not that difficult. The main thing is to indicate all personal data, information from the insurer and the essence of the claim.

Contacting the insurer's office

As soon as the document is ready, you should contact the central office of the insurer and submit the claim to the secretary or authorized employee. At the end of the visit, you should have a copy of the document in your hands, with a mark of acceptance:

number of the incoming document;
date of;
Full name of the employee;
signature certified by the company seal.

Getting a response

According to the law, the claim must be considered within five days. At the end of 5 days, each client is required to receive a response:

when will the payment be made taking into account the fine;
For some reason the deadline was postponed.

The answer is provided in writing.

Drawing up a complaint to the Central Bank

It’s worth noting right away that many motorists skip filing a complaint and immediately go to court. You can send a complaint today through the official portal of this organization or in person at the location office.

As practice shows, Central Bank employees quickly respond to such requests and consider not only quickly, but also in favor of the victim. In most cases, the money is credited to the card within a few days after such a complaint is filed. In addition to the total amount, a fine for violation of deadlines is also transferred.

If the organization ignored the claim or illegally indicated a new payment date, then it is worth going to court. You must have a response from the insurer and documents regarding the insured event with you.

How to really shorten the payment period for compulsory motor liability insurance

Within the framework of the law, there is only one way by which you can reduce the period for receiving compensation. All the client needs to do is immediately after the accident, contact the insurer, provide the car and all documents.

To summarize, we note that each insurance organization is obliged to pay money to the victim within 20 days. However, in practice, everything is different, and the deadline is sometimes delayed due to both the insurer and the policyholder. In the first case, you need to defend your rights and leave a complaint or claim.

If you were in a similar situation, and the company delayed payment under compulsory motor liability insurance, then we invite you to share your experience. It will be useful for readers of our portal to know:

which company you contacted for payment;
on what basis were the deadlines violated;
your actions;
how quickly and in what amount the transfers were made.

To share your own experience, you will need to leave a review in the "Add a comment" section.

Additionally, for all readers of our portal, there is an online consultant on the site. An experienced expert will provide an answer to any question at any time of the day or night. If you have a delay in payments under compulsory motor liability insurance, we will definitely advise you on the procedure to follow.