Procedure for payment of compulsory insurance. How to receive payment from health insurance? Exceeding the deadline for filing a notification about an accident

Participation in an accident as the culprit carries serious responsibility for the driver. This applies not only to the risk of being punished, but also to the need for monetary compensation for harm caused to victims. It should be taken into account that compensation for damage under compulsory motor liability insurance in case of an accident in 2019 does not occur in the actual amount, but only within the maximum specified in the car insurance contract. A driver who causes an accident is not protected from filing a lawsuit, regardless of whether the victims have received insurance compensation.

After an accident, the driver must follow the registration procedure. The exception is those cases when the motorist is injured and cannot take part in filling out the protocol.

If the damage to the cars is serious, and also if there are victims in the accident, then you cannot do without calling the traffic police inspectors. Before this, be sure to call an ambulance, and also put an emergency sign on the road to prevent another collision.

If the consequences of the accident are insignificant, and both drivers have MTPL policies, then it is not necessary to call the traffic police. It is enough to take several photographs of the accident site and the location of the cars (including all obvious damage), clear the road and, together with the other driver, fill out the European protocol.

In some situations, when circumstances do not allow you to fill out the European protocol form directly at the scene of the accident, this can be done at home. The only important condition that is not recommended to be violated is that the notice period does not exceed 5 days.

Innovations for 2019

In 2019, the State Duma approved a legislative provision according to which the insurer can pay for car repairs, rather than paying its cost to the owner. But drivers have not completely lost their right to choose. An insured event in case of an accident under compulsory motor liability insurance can be compensated with money if:

• the car cannot be restored;
• the cost of repairs is less than 100 thousand rubles. or more than 400 thousand rubles;
• other property was destroyed or damaged;
• the victim became disabled group 1 or 2.

Having replaced monetary compensation for car repair costs after an accident under compulsory motor liability insurance in 2019, the law left the opportunity for drivers to independently choose the car service center where they would like to have their car repaired. However, the choice of service center must still be agreed upon in advance with the insurance company.

Whose insurance company should I contact?

Terms of compensation for damages under the law

Current legislation limits the terms of insurance compensation. According to Part 21 of Article 12 of Federal Law No. 40, 20 working days are allotted for this. If we add weekends here, then it will take about a month before the money is transferred.

Calculation of the amount of compensation under compulsory motor liability insurance

Regarding the question of how much an insurance company pays in case of an accident under compulsory motor liability insurance, the answer depends not only on the formal limit of the amount of compensation, but also on the circumstances of the incident.

The maximum payment under compulsory motor liability insurance in 2019 in case of an accident is 400 thousand rubles. But this amount only compensates for material losses. If there are physically injured citizens during the accident, then damage to their health is compensated in the amount of up to 500 thousand rubles. Recovery of moral damages under the terms of the car insurance contract is not provided.

Road accident without injuries

What to do in case of an accident without injuries? The registration of such a car accident occurs in the simplest way. If the damage is minor and both drivers have an MTPL policy, there is no need to notify the traffic police.

To avoid disputes, it is recommended to take several photos of the accident and the position of both cars. The completed notice, along with the rest of the documentation, is then submitted to the victim’s insurer. Compensation is calculated based on the results of an expert assessment.

Causing harm to health of varying severity

Compensation for damage to health in an accident under compulsory motor liability insurance must take into account not only the results of a technical examination, but also the duration of loss of ability to work. The amount of compensation is determined according to the methodology approved in the amendments to the Law “On Compulsory Motor Liability Insurance”.

For example, maximum damage in the amount of 500 thousand rubles. is paid to the victim upon receipt of the first disability group for an adult or any disability group for a child. A broken arm is estimated at 35 thousand rubles, a broken leg – 50 thousand rubles.

If the duration of treatment is less than 10 days, the amount of insurance compensation is 15 thousand rubles. Longer rehabilitation (up to 28 days) is the basis for payment of 25 thousand rubles.

In case of a fatal accident

If the person at fault for an accident dies, who then compensates for the material damage? Here you need to find out whether the deceased driver was registered under OSAGO? If yes, then compensation for other participants in the accident is paid to the company that issued the policy to the person at fault.

If the deceased did not have compulsory motor liability insurance or the policy is expired, then compensation is collected by filing a lawsuit against the heirs of the deceased. However, satisfaction of the claim is possible only on the condition that the deceased culprit of the accident had property, the right to which passed to his heirs. If the relatives of the deceased did not inherit material assets from him, the claim remains unsatisfied.

If the culprit was drunk

If the culprit of the accident was drunk at the time of the collision, compensation is collected on a general basis. At the same time, the insurance company that has compensated for the damage caused by a drunk driver has the right to file a recourse or subrogation claim.

The insurance company's claim against the culprit of the accident under compulsory motor liability insurance is filed when the drunk driver was their client. Subrogation can also be filed against the at-fault party who did not have insurance.

More than two participants in the accident

If there are three participants in an accident, compulsory motor liability insurance must be paid by the insurance company of the culprit. If the at-fault driver does not have a policy, then the victims will have to contact their insurer, who will then file a subrogation claim against the motorist who caused the accident.

Payment under compulsory motor liability insurance, if the culprit of the accident is not identified, occurs on the basis of a court decision. Formally, the terms of the policy do not cover such cases. Therefore, the victim, if the insurer refuses to pay, should wait for the results of the traffic police examination, which would confirm the presence of a second participant in the accident. If his identity is subsequently determined, the insurance coverage will be paid by the insurer.

If the culprit of the accident is never found, then the MTPL policy is not valid. However, if you have a comprehensive insurance policy, the owner of a damaged car can apply to your insurance company for compensation under this policy on the basis of damage caused by unidentified persons.

Is it possible to get money for moral damages?

It is not covered by either the MTPL policy or the comprehensive insurance policy. A citizen can recover compensation for damage caused in a car accident only by filing a lawsuit against the person responsible for the accident. In this case, the victim may face a problem regarding the methodology by which he can assess such damage. Indeed, unlike damage to health, there is no table in the notes to the law “On Compulsory Motor Liability Insurance” with an exact list of organs and their damage. Each person decides independently how much to value his or her moral suffering, based on a subjective assessment.

Is it possible to demand from the court to recover 10 million rubles for moral suffering resulting from a significant deterioration in health after an accident? Although the law does not limit citizens in the amount of compensation required from the defendant, it must be taken into account that the amount of damages is determined by the court. In this case, the judge takes into account not only the severity of moral damage caused by injury, disability or long-term rehabilitation, but also the financial situation of the plaintiff and defendant. Accordingly, if the person at fault for the accident cannot pay compensation of 10 million rubles, the plaintiff should not hope that such an amount will be awarded by a court decision for compensation.

If the insurance company did not pay enough

Is it possible to sue the person at fault for an accident if compulsory motor insurance does not cover the damage? The law provides the opportunity for the victim to file a lawsuit against the driver if the amount of payment does not compensate for the actual material damage caused. As an example, we can cite a situation where car repairs significantly exceed 400 thousand rubles. The only way to recover damages for the car owner is by filing a lawsuit against the person responsible for the accident. The amount of claims is determined based on the results of the technical examination minus the insurance already paid.

Filing a lawsuit may be justified if the insurance company paid little after an accident under compulsory motor liability insurance. However, here the claim is filed not against the culprit, but against the insurer. Moreover, in order for the court to satisfy the demands presented, the plaintiff will have to prove the unfoundedness of such a reduction.

If you have an OSAGO and comprehensive insurance policy

Having two policies at once for the car owner – comprehensive insurance and compulsory motor liability insurance – significantly increases the chances of compensation for material damage caused to the car. Here, not only material damage is subject to compensation, but also any other damage caused by the actions of nature or by intruders.

Which policy is best to present depends on the owner himself. Most drivers are inclined to believe that compensation under a compulsory motor liability insurance policy is more beneficial for the victim, since it provides the opportunity to avoid an increase in the cost of comprehensive insurance for the next year. As you know, recording the fact of a car accident automatically makes the policy more expensive. This applies not only to MTPL insurance, but also to comprehensive insurance. If we take into account that an annual comprehensive insurance policy costs several times more, then it is beneficial for the car owner to register an insured event specifically under OSAGO.

The person at fault for the accident does not have insurance

Can an insurance company recover money from the person at fault for an accident under compulsory motor liability insurance? To answer this question, it is necessary to immediately clarify whether the person at fault in the road incident has an insurance policy. If yes, then collection occurs through recourse. The insurer pays compensation to the victim and then recovers this amount from the culprit.

If there is no insurance or is invalid, then recovery of damages from the insurer occurs by filing a subrogation claim. The fact that does not exempt him from liability before the law.

Sometimes citizens ask the question: “What should I do if the insurance company sues me for an accident for damages?” It is in the driver's best interest to first collect evidence that would refute the charges brought against him. This may concern not only the causes of the collision, but also the amount of compensation required. If there are grounds to challenge the plaintiff's claims, the defendant may initiate a re-examination.

Exceeding the deadline for filing a notification about an accident

The law clearly obliges citizens to comply with the insurer’s notice period; sometimes filing a notice is impossible for valid reasons. Typically, this is due to driver injury.

In this situation, when the deadline has been exceeded by only a few days, the insurance company does not have the right to refuse to accept documents, since the victim has a valid reason. If the insurer refuses to accept documents from the victim due to a missed filing deadline, despite the presence of a valid reason, the citizen has the right to appeal this decision in court.

After the entry into force of the Federal Law No. 49 on April 28, 2017, it became much more difficult for ordinary car owners to receive cash payments under compulsory motor liability insurance in the event of an accident. This provision provides for, in the vast majority of cases, the direction of the vehicle after an accident to a suitable service station and limits the injured person’s ability to receive monetary compensation. But even under these conditions, the car owner has the opportunity to receive financial payments that may exceed the cost of repairs.

The right to compensation for loss of commodity value

Insurance companies are reluctant to inform about this, but car owners after an accident can demand compensation for loss of marketable value (LCV). This right can be exercised by owners of foreign cars up to 5 years old and domestic cars no older than 3. In addition, wear and tear should not exceed 35% (mileage about 80 thousand km).
Car owners have the right to put forward such demands, since the car, being in good technical condition before the accident, after the accident and repairs significantly loses its value on the secondary market. After all, the buyer, when purchasing such a vehicle, risks in the future encountering problems such as premature corrosion, violations of body geometry or electrical failures.

The owner of the damaged car, when demanding compensation for damage to the market value, may face objections from the insurance company. In response, you can hear that only real damage is compensated, but in 2015 the Presidium of the Supreme Court ruled that TTS also constitutes real damage. Based on this decision, motorists have every right to demand such compensation from insurance.

Procedure for receiving compensation

When the insurer refuses to make such payments, the car owner must do the following to achieve his claims:

1. Calculate the loss of marketable value and obtain the appropriate act. To do this, you need to contact a company that specializes in evaluating such cars. In this case, repair estimates may be required.
2. Submit an application for payment of the insurance policy to the insurance company and attach all available supporting documents to it.
   If compensation is denied, you must contact the courts.

In cases where there are injured people, in addition to vehicle compensation, compensation for moral damages can be additionally demanded from the culprit of the accident.

If we are talking about a large-scale accident, the amount of compensation can reach 10%. For example, with a vehicle cost of 700 thousand rubles, you can get up to 70,000. It is worth saying that this financial transaction is not included in payments for repairs. When the amount of compensation for the commodity value does not fit into the 400 thousand rubles already selected under compulsory motor liability insurance, the injured car owner can demand the amount of compensation from the culprit of the accident.

The following factors have a direct influence on the value of the TTS:

• number of elements to be painted;
• number of parts and assemblies being repaired or replaced;
• market value of the car (basis for all calculations).

In cases where the other party refuses compensation voluntarily, it is possible to demand payment in court. If the amount of the claim is less than 50 thousand rubles, you should go to the magistrate’s court; if it exceeds the specified limit, then to the district court. In controversial situations, it is recommended to use the services of professional lawyers.

Other opportunities for receiving financial payments under compulsory motor liability insurance after an accident

As already mentioned at the beginning of the article, drivers involved in an accident with a policy issued after 04/28/2018 are limited in their choice of personally receiving funds for repairs. Now insurance companies make the necessary payments directly to the service station. In the conditions listed below, injured drivers for repairs and compensation.

When repair time exceeds 30 days

The Law “On Compulsory Motor Liability Insurance” provides for repair work to be carried out within 30 days from the date of delivery of the car to the service station. If it takes longer to repair the damage, the car service can officially report this. In this case, the injured party has the right to demand payment of funds for repairs. In such situations, insurance companies most often offer to extend the repair time, but if there is a need to receive payments, then you should not agree to this offer.

When the partner car service is located further than 50 km

When a car service partner working with an insurance company is located more than 50 km from the scene of the accident or the residence of the injured party, the driver can also receive financial compensation in person. Such demands can be put forward if the insurer does not want to pay for the delivery of the damaged car to a distant service station.

If there is no accredited dealer in the locality

According to the law, cars no older than two years old must be repaired only by authorized dealers. If there is no such car service nearby and the company refuses to pay for the delivery of the vehicle to a remote repair point, then in this case you can also count on cash payments directly to the driver injured in the accident.

In the presence of dead and injured with moderate and severe injuries

The provision of the law “On Compulsory Motor Liability Insurance” allows the reimbursement of repair costs with money if the injured person died, received severe or moderate injuries, or is a person with disabilities.

It is worth counting on payments under compulsory motor liability insurance in the listed cases if the victim is not the culprit of the accident. The requirement for compensation for the vehicle allows you not only to compensate for repair costs, but also to make up for lost profits from the possible sale of the car that was involved in an accident.

How to get more insurance? Maximum payout - video:

Question answer

What if I still have copies of the accident certificate and resolution? You can’t go to court with them, do you still need to get the originals?

It all depends on the judge who will hear your case. Some judges require copies certified by the traffic police, while others simply need photocopies, while others play it safe and request all administrative material from the traffic police themselves.

Please tell me, what if the insurance company mistakenly paid 70 thousand more? (According to the European protocol, they issued 50, but the independent one counted 120, so they sent 120) what to return or what???

Where did the accident occur and was it possible that the accident was recorded using the GLONASS system? If not, then 70 thousand is unjust enrichment, which the insurance company can recover from you in court. However, if she doesn’t file a lawsuit against you within 3 years, then that’s their problem :)

What if the culprit does not have a compulsory insurance policy at all? And the insurance company refused me, was it legal?

Yes, such a refusal is legal. You need to file a claim directly against the person responsible for the accident.

Hello, I had an accident almost 3 years ago, I was refused the reason for the refusal, I could not find out since I am a resident of the LPR. I found out a week ago to translate the documents into Russian and have everything notarized, I wrote an application for renewal and again the refusal is unknown to me. I do not own a car by general power of attorney, my insurance was over at that time, but the one who crashed into me was insured. Tell me what should I do?

If the accident happened more than 3 years ago, then your statute of limitations has most likely already expired.

Dear readers!

Legal advice is available for you.

You will be answered within 15 minutes.

As you know, in 2017, MTPL introduced a priority for compensation in kind (hereinafter referred to as repairs in the text) over cash payments. A number of questions arise in connection with the innovation.

What is the essence of the priority of repairs under compulsory motor liability insurance over payment?

In simple words, the priority is that instead of a cash payment, you receive a referral for repairs, which are paid for by the insurance company. At the same time, it is now impossible to choose money instead of repairs as it was before, with the exception of a small list of cases.

Let's take a look at the various issues.

1.When can you choose between money or repairs according to the old rules?

To determine whether you can get money under the old rules, you need to look at the policy of the person at fault for the accident.

The priority of repairs over payment was introduced by the Federal Law of March 28, 2017. No. 49-FZ. It came into force on April 28, 2017. This means that if the person at fault for the accident was issued a policy before this date, then the old rules apply to you, when the victim had a choice: money or repairs.

What makes up a simple calculation. The last day when an accident can occur, and you will have the right to choose if you have an old policy, is April 27, 2018.

2.Which service stations are sent to, and can a citizen choose a service station at his own discretion?

The insurance company issues a referral to the service station with which it has an agreement. The list of service stations with which the insurer has such agreements must be indicated on its website.

A citizen can carry out repairs at any other service station only if there is an appropriate agreement with the insurance company. In other words: the choice is only within the limits provided by the insurer.

3. How is the repair carried out? Does wear and tear count? Do I need to pay extra for the service station?

The law obliges the use of new parts when carrying out repairs and prohibits the installation of used ones on a car. Therefore wear and tear is not taken into account. By the way, they can supply new non-original (Chinese) spare parts.

Additional payment for repairs is provided only if the culprit has an old policy and you chose repairs instead of money (see answer to question 1).

4. Is the warranty void when repairs are carried out under compulsory motor liability insurance?

A mandatory requirement for a service station with which the insurer has an agreement is that it has its own agreement with the manufacturer or distributor of cars of the corresponding brand. In other words, it must be a service station of an official dealer.

This requirement is mandatory if your car is no more than two years old (from the date of manufacture). The warranty does not expire if it itself does not exceed this period. Otherwise, if the guarantee is given for a longer period, it will be void.

5. What are the deadlines for insurance compensation and repairs?

After inspecting the vehicle, the insurer is obliged to issue a referral to a service station within 20 days from the date you submit an application for an insured event with a full package of documents.

Repairs must be carried out within 30 days from the date you hand over the car to the service station. This is a mandatory requirement that cannot be changed by any agreement. Pay attention exactly after the car is handed over for service! If you don’t hand over your car for service, but continue to drive it, then the 30 days don’t even begin to count.

6. Who is responsible for delays in repairs and their poor quality? Car service or insurer?

The insurer is responsible to you.

For violation of the deadlines for issuing a referral to a service station, the insurer will pay you a penalty in the amount of 1% of the amount of insurance compensation for each day of delay.

In case of violation of the repair deadlines, the insurer pays a penalty in the amount of 0.5% of the same amount, respectively.

In case of poor-quality repairs, you also submit a claim for compensation of losses to the insurer.

7. When can I get money in lieu of repairs?

There are several such cases. Let's look at the general principles first:

• the car is destroyed - in other words, the car is written off as “total”

• your death

• you have suffered serious or moderate harm to health and you have received an application for payment

• you are disabled and you have received an application for payment

• if the cost of restoration repairs exceeds the liability limit (currently this is 400,000 rubles)

• The insurance company does not have the opportunity to organize repairs at the service station with which it has an agreement

• you have an agreement with the insurer to pay in cash

• if the Central Bank, in the event of repeated violations by the insurer during the year of the rules for in-kind compensation, will limit its right to send for repairs

• none of the service stations with which the insurer has an agreement meets the mandatory requirements required by law

Now let's move on to the mandatory requirements for service stations:

• The period for repairs at a service station does not exceed 30 days

• The service station is located no further than 50 km from your place of residence or the scene of the accident

• The service station must have an agreement with the manufacturer or distributor of cars of this brand, if your car is no more than 2 years old (see answer to question No. 4)

If none of the service stations with which the insurer has an agreement meets the specified requirements, money is paid.

If the Central Bank has limited the insurer’s right to refer victims for repairs, repairs can only be carried out with your consent. Information about the Central Bank making such a decision is contained on its official website.

7.How is money paid in this case? With or without wear and tear?

Taking into account wear and tear according to the Unified Methodology approved by the Regulations of the Central Bank of the Russian Federation.

8. Pitfalls of repair under MTPL

It is assumed that the owner of a damaged car makes no difference how to receive insurance compensation. All he essentially wants is for the car to be repaired and to be drivable.

If the insurer chooses the station himself, pays for the repairs himself, old parts are replaced with new ones, then the citizens only benefit. At least, this is how the amendments to OSAGO were announced.

Meanwhile, real life brings surprises.

If earlier insurers delayed payment, now they are just as delaying in issuing directions for repairs and paying for repairs.

The stations are also not punctual and a 30-day repair turns into a sluggish process for several months. At the same time, some service stations, after 2-3 months, even refuse to do repairs due to their high cost or the impossibility of ordering the necessary spare parts.

It is important to note that the quality of repairs is also a big question. If your car is more than two years old, then you cannot be sure that the insurer, in an effort to save money, will not send you to a service station where the repairs will be carried out cheaply and of poor quality.

Some insurance companies do not issue referrals for repairs at all due to the high cost of repairs and the desire to save money. It is cheaper to pay taking into account wear and tear than to pay for a full repair with replacement with new parts. That is, the very idea of ​​the priority of natural compensation loses all meaning.

As of January 2018, the situation in St. Petersburg is as follows.

Receiving insurance payments in the event of an accident may take an indefinite period. Companies acting as insurers, in some cases, deliberately delay this process in order to delay payment or completely avoid providing a certain amount of money to their client. In this situation, the direct participation of the judiciary is a vital necessity.

It may take quite some time before you receive insurance after an accident. In order to speed up this process, it is very important to be legally savvy.

Features of obtaining insurance

It should be noted right away that when it comes to compensation for damage, the case rarely goes to court. In order to file a claim for payment, you must provide an insurance certificate from the traffic police. Here are the main points regarding the accident. In particular, the main causes of the traffic accident are noted, whether the client of the insurance company was drunk and whether he violated traffic rules. Some insurers require an extended certificate.

Standard certificate from the traffic police

In the body of such a document the fact of the accident is confirmed. Such a certificate must include the person who was driving the car at the time of the accident. The number and make of the car are also indicated here, as well as a description of all visible damage to the car.

Extended certificate from the traffic police

Such a certificate includes more extensive information about all participants in the traffic accident. The following points are noted:

• residential addresses;
• driver's license series;
• license numbers

In addition, the sobriety and sanity of drivers during a traffic accident is determined. Obtaining an extended certificate from the traffic police requires more time, but at the same time provides more detailed information about the incident.

Contacting your insurance company after an accident can be challenging. This trend is due to the fact that the insurer may require a court decision on the fact of the accident as an additional document during an internal investigation. This need arises if the company suspects that the client is cheating.

Important! Direct participation of the courts may be required if the parties cannot independently agree on the amount of payments.

The CASCO insurance program allows for an accelerated settlement of the issue in the event of damage to the most fragile elements of the vehicle. These car elements include:

• headlights;
• spoilers;
• glass;
• bumpers.

It is very important to note that such a resolution of the problem is possible if the amount of damages received varies within 2-5% of the total cost of the car. A significant advantage of this method is that registering an accident and providing a certificate from the traffic police is not necessary.

Procedure for receiving payments

Obtaining insurance after an accident requires clear and decisive actions from the client of the insurance company. To achieve a positive result, you should be very careful and follow the points specified in the contract.

Use of the Europrotocol

Provided that no one was injured in the accident and all participants in the incident fully agree with the current picture, then you can use the drafting of the so-called Europrotocol. Neither party to the conflict should make any claims. In this case, all issues are resolved directly at the scene of the accident.

It should also be noted here that the CASCO insurance program implies the mandatory presence of an insurance commissioner, who must personally inspect and evaluate the scene of the accident. After this, the protocol is filled out and the insurance companies of the parties are notified.

In a different situation, there is a need for the presence of traffic police officers. They are the ones who draw up a diagram of the accident and, if necessary, can provide this information to insurance companies. One of the participants in the accident will be fined for violating traffic rules.

Alternative option

To obtain compulsory motor liability insurance after an accident, you must perform a number of actions in a certain sequence. The resolution of this issue must be approached with full responsibility.

Step #1. Notification of the insurance company and the traffic police

If the situation cannot be resolved through the European Protocol, then you must immediately report the incident to the traffic police and the insurance company. At this stage, you should also exchange contacts with other participants in the accident. The following points should be noted:

• passport details;
• insurance policy number;
• series of insurance;
• special sign number.

The special sign is mainly attached to the windshield. After this, you should wait for the arrival of a traffic police officer and a representative of the insurance company.

Step #2. Obtaining a certificate from the traffic police

After this, you should visit the traffic police department and request a certificate of the traffic accident. The body of the document should indicate as many details as possible regarding the nature of the damage to the vehicle.

Step #3. Submitting documents to receive insurance payments

Being the culprit of a traffic accident, you must submit a package of documents to the insurance company within three days. Otherwise, the insurer has the legal right to demand compensation for damage with recourse. If you are applying for insurance benefits, you must write an application and submit papers to the insurance company. As of 2019, the required list of documents is as follows:

• passport;
• driver's license;
• vehicle registration certificate;
• certificate from the traffic police;
• insurance policy;
• certificate from the hospital.

If necessary, you must also add a power of attorney for the car and documents confirming expenses after an accident. This refers to payment for tow truck services.

Step #4. Obtaining a court decision

The court makes a decision after a ten-day period. Sometimes this period may change up or down. In order for the insurance to be paid out as soon as possible after an accident, it is recommended to independently collect the court decision and take it to the insurance company. In this case, you should keep a copy for yourself, and deliver the original with a wet stamp to your insurer.

Step #5. Carrying out an examination

The examination has a direct impact on the amount of insurance payments that will be provided to the company's client. Until inspection, it is prohibited to carry out repair work. With a high degree of probability, the appraiser will minimize costs, so it is most advisable to use the services of an independent expert.

Step #6. Receiving payments

The insurance company is given 90 calendar days to make payments. Provided that if the agreed amount has not been paid after such a time period, then the client has every right to demand payment of a penalty.

Video: How to get paid with the help of a free public consumer rights organization

How to speed up the insurance payment process after an accident?

To somewhat speed up the process of paying out insurance, the injured party can become involved in clarifying the relationship between the culprit of the accident and the insurer. To do this, you can go to the traffic police and find out the date of consideration of the case.

After that you can write a petition to speed up the consideration of the case. At the end of the court hearing, you can take a copy of the decision and personally bring it to the insurance company.

It is important to remember that refusal of payments by the insurance company is not yet a reason for disappointment. In this case, you can go to court with a claim for compensation for losses by the person who caused the accident. The timing of receiving compensation depends on the speed of consideration of the case.

Total car loss

The described procedure for insurance payments is relevant only if if the vehicle is subject to restoration. However, sometimes situations arise in which car repairs are inappropriate. In this case, the insurance company may raise the issue of constructive destruction of the vehicle. In this case, the client remains without payments and loses the car.

When assessing the condition of a car, everything depends on the initial cost of the car. Most often, total loss is announced if restoration requires from 60 to 80% of the cost of the car. Much depends on the results of the examination, which determines the final cost of repair work.

If the machine is structurally destroyed, then the question arises regarding the assessment of the value of the remains. It is also very important to determine who will own them. If the situation is resolved in favor of the owner, the latter receives compensation. If the company insists that the car should remain with the owner, then another examination is appointed, which is aimed at assessing the value of the remains.

To avoid conflict situations, it is strongly recommended to clarify all controversial issues at the stage of concluding an agreement with the insurance company. In particular, it is necessary to clarify how the total loss of a vehicle will be assessed and who will deal with the sale of the remains.

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16 Comments

I got into an accident, I was not the culprit, I am not the owner of the vehicle, but I was driving at the time of the accident.

The insurance industry is an essential part of the life of every car owner. But unfortunately, when you find yourself in situations described as insured events, it is not always possible to quickly resolve the problem with insurance payments. We should talk about how insurance payments occur due to an accident in this article.

Insurance compensation is a payment from an insurance company based on an insurance agreement concluded with the user. This payment is made if the policyholder is in an unfavorable traffic situation, which is interpreted by the agreement as an insured event.

You can receive insurance compensation in monetary terms. Moreover, both non-cash and cash payments are allowed. In addition, compensation may be intangible. This is for example if the policyholder, as an insurance benefit, chose to have his vehicle repaired at one of the service stations with which his insurance company has signed an agreement. Naturally, all repair work will be carried out at the expense of insurers.

Important! Insurance compensation under compulsory motor liability insurance is made exclusively to the injured party. The driver who was found to be at fault for an accident on the road may not count on compensation under compulsory motor liability insurance.

Insurance payments after an accident are made by the insurance company after a written request from the policyholder and submission of the relevant documentation. At the same time, conflict situations often arise between the parties to the insurance agreement, since insurers set themselves the goal of paying less, and policyholders - getting more.

As for the amounts of insurance compensation, they fluctuate within such limits.

1. If the MTPL policy was issued after October 1, 2014, the limit amount of compensation is 400 thousand rubles.
2. If the MTPL policy was issued before October 1, 2014, then in this case the maximum amounts of payments are:
   120 thousand rubles when causing property damage to one victim;
   160 thousand rubles for property damage to several victims.

It is worth noting that these limits of insurance compensation apply in those emergency situations in which the registration of an accident occurs with the active participation of the traffic police. If an accident is registered in accordance with the European Protocol, then some compensation limits are established in other amounts.

Separate limits of insurance compensation are established for cases where, as a result of a road collision, the victim is diagnosed with injuries and damage of varying degrees of severity. Currently, compensation limits are set within the following limits.

1. If the MTPL policy was received within the period starting from April 1, 2015, then in this case the victim can count on compensation of 500 thousand rubles.
2. If the insurance policy was issued before April 1, 2015, then the maximum rate of insurance compensation is set at 160 thousand rubles.

It is worth noting that limits are set for each specific insured event. The compensation amount is the same for all users. And, therefore, it does not matter which insurance company is better to contact, they all work on the basis of uniform standards.

Until August 2, 2014, a victim of an accident had the right to apply for insurance compensation from any insurer (his own or the person responsible for the accident). Now all insurance claims go exclusively through your own insurance company.

In order to be able to contact your insurers for insurance compensation, several prerequisites must be met:

• the damage was diagnosed exclusively in relation to the machine;
• at least 2 cars were involved in the accident;
• All participants in a road collision at the time of the accident have valid MTPL policies.

Important! If the insurance period for using the car has ended, but the compulsory motor liability insurance is not valid, then the contract will be considered valid.

If there is a case of a non-contact road accident, that is, there is no direct collision of cars, then in this case the problem regarding direct compensation for losses and the simplified procedure for processing road accident documentation cannot be resolved.

There are often situations when victims of an accident are forced to file a complaint with the RSA (Russian Union of Auto Insurers). This often happens for the following reasons:

• when the culprit of the road accident fled the scene of the crime and there is no way to establish his identity;
• if the culprit of the emergency does not have a compulsory motor liability insurance policy at the time of the collision, or in the case when its validity period has expired;
• if the insurance company responsible for the car accident was deprived of its license to provide car insurance services, or it was declared bankrupt.

The commentary of the Supreme Court of the Russian Federation follows on who will be held responsible for making insurance payments in the event that an insurance company is declared bankrupt or its license is revoked.

OSAGO insurance when payment in case of an accident is not due

Compulsory motor vehicle liability insurance pays out in case of an accident if the person is not at fault. If the culprit is not identified, or he fled the scene of the accident, then in such a situation, insurance compensation will need to be claimed through RSA, since your insurers will most likely refuse. If a situation arises in which the insurance company of the person responsible for the incident is liquidated, declared bankrupt, or excluded from the RSA, then the victim has the opportunity to send his application for compensation to another insurance company located:

• in the region of the Russian Federation where the accident took place;
• at your place of residence.

Insurance payments after an accident will be made within the period established by law. It is worth noting that the insurance contract and legislation provide certain grounds for a road collision to be classified as an insured event. In accordance with these grounds, damages are provided to the injured party.

Thus, we can conclude that the receipt of compensation payments is provided exclusively for the injured party. As for the culprit of the incident, payments under compulsory motor liability insurance will not be made in respect of him.

In some cases, the insurance company may refuse to make payments for an insured event based on the law. In particular, situations where payments will not be made according to the law include:

• if the car was driven by a citizen whose name is not indicated in the insurance policy (the exception is situations when insurance is issued for an unlimited number of persons);
• if damage to the vehicle and the driver’s health was caused by dangerous cargo that was not insured;
• compensation for moral damage, as well as lost profits;
• the amount of insurance compensation established above the legal limits for compulsory motor liability insurance;
• if the damage was caused by experimental, sports or educational activities;
• if the accident occurred during work on the territory of an enterprise or organization.

In addition, if compensation payments are not made at all, then it is also possible to identify cases when insurers pay off the debt on insurance compensation, but at the same time receive the right to demand a refund in accordance with the recourse procedure. This means that the insurance company will make insurance payments after an accident on time, but at the same time has the right to go to court and demand from the client the funds previously paid to him. This is possible in the following situations:

• if at the time of the traffic accident it was established that the client was driving in a state of alcohol or drug intoxication;
• if the driver of the vehicle intentionally caused harm to the health, life or property of others;
• if the driver was driving a car without a license;
• if after the collision the client left the scene of the accident, thereby violating the current traffic regulations;
• the accident occurred during a period not covered by the insurance contract.

It's no secret that at the moment compulsory motor liability insurance has clearly fixed maximum payment amounts. If it happens that the damage exceeds the established limits, the remaining amount will be recovered directly from the person responsible for the accident. If you want to protect yourself from such a situation, you can insure your car using a DSAGO policy.

The cost of this insurance is about 1 thousand rubles, and the policy applies to all amounts that exceed the MTPL payment limit. As a rule, insurance compensation under DSAGO is provided in the amount of 1 million rubles. This money will cover the difference in payments.

Thus, DSAGO is an excellent addition to the compulsory MTPL insurance policy, and will help you avoid a lot of troubles that can happen to you and your car.

Insurance payment to the culprit of an accident

Speaking about the procedure for paying out insurance for an accident, it is worth noting that everything depends on the specifics of each specific case.

You can receive insurance compensation under compulsory motor liability insurance if you are considered not only as the culprit of the accident, but also as the victim. This situation occurs in cases where several cars are involved in a traffic accident, and at the same time, the violation of the rules was committed not only by you, but also by other participants in the collision. If this happens to you, the insurance company will pay compensation to the second participant in the accident, and in turn, his insurance company will compensate for your damage that was caused by their client.

However, you should be prepared for a situation where the insurance company is not eager to pay you money, and in this case goes to court, where the matter will be resolved. And here everything will depend on several factors. Firstly, it depends on how exactly the judge interprets the law on compulsory motor liability insurance. How strange, but legal conflicts provide the opportunity for completely different interpretations.

Well, secondly, the final outcome of the process will depend on the lawyer you choose. If you try to handle your case on your own without involving a qualified lawyer, then most likely the decision will not be in your favor. If you attract a competent specialist to your side, then there is an opportunity to win the case.

The main problem in such situations is the consideration of several claims by the court. This will contribute to confusion, which not every person is able to sort out. If the claims are combined into one process, the situation will be somewhat simplified.

Another controversial issue will be compensation to the culprit for the amount of money that has already been paid by the insurance company in favor of the victim. There can be a variety of consequences here. It is known that in some cases there is a precedent when the culprit himself compensated for all the damage to the victim, and then contacted his insurance company with a full package of documents for compensation. At the same time, all the necessary documentary package was provided in full compliance with current legislation. And the most interesting thing is that the court satisfied his demands, even though the Law “On Compulsory Motor Liability Insurance” does not provide for such compensation possibilities.

Based on all of the above, we can conclude that the legislation does not provide for the possibility of the person responsible for the accident receiving compensation payments. At the same time, the victim will receive compensation only within the amount provided by law. Of course, in order to protect yourself from such problems, it is easier to additionally take out a CASCO insurance policy. In such a situation, all your expenses will be covered, but on the condition that this traffic accident will be classified as an insured event under CASCO.

Documents for insurance payments in case of an accident

The rules for paying out insurance in case of an accident stipulate that in addition to a written application, the client is also required to attach a number of documents. They, in turn, are divided into basic and additional.
The main documentation that the policyholder will need in any case includes:

• an identity document (passport), as well as a copy of it, previously certified by a notary office. If the applicant is a foreign national, then a translation of the document certified by the embassy will also be required;
• bank account or other details to which the insurance company will be required to make payments;
• a copy of the Protocol and the Resolution on an administrative violation, as well as a copy of the Determination on the refusal to initiate proceedings for violation of administrative legislation;
• notification of an accident, completed in accordance with legal requirements;
• certificate of traffic accident No. 154.

In addition, the insurance company may request the client to provide additional documentation, which is presented in the form of:

• rental or leasing agreement (if the car is owned by another person);
• data from an independent examination carried out by the client and a receipt for payment for the expert’s services;
• documents indicating the driver’s expenses when evacuating a damaged car, delivering it to a place of storage or repair, and expenses for storing the damaged car.

In accordance with current legislative requirements, the policyholder undertakes to provide the insurance company with the originals of the above documents, or copies thereof, which have been previously endorsed by a notary.

There are situations when a request for insurance compensation comes not from the owner of the car, but from his official representative. In this case, you must also attach to the application:

• notarized power of attorney to conduct affairs of this nature;
• consent of the guardianship and trusteeship authorities, if payments are made in favor of the minor.

Important! When submitting documentation to the insurance company, make sure that you will be given a receipt indicating a complete list of documents received from you, indicating the date of receipt, the seal of the organization and the signature of an authorized employee of the insurance company.

If some document is missing, or the insurance company needs additional information about the circumstances of the accident, then the insurance company is obliged to notify the client about this fact:

• on the same day when the written application is submitted;
• within 3 days from the date of acceptance of the documentation.

It is worth noting that insurers do not have the right to demand those documents from the client that are not provided for by current legislation and the list agreed upon in accordance with the Law “On Compulsory Motor Liability Insurance”.

Insurance payment in case of an accident terms

In accordance with the Law “On Compulsory Motor Liability Insurance”, the period for payment of insurance compensation is set within 30 days from the date of acceptance of the documentation for consideration. At the same time, this period of time also includes the period established for conducting an expert assessment (5 days).

If the money is not transferred to the applicant within the established period, then he has the right to obtain payments through the court, while also collecting a penalty from the insurance company for late payments.
By the way, the law does not specify how exactly 30 days are counted. Are these working days or calendar days? However, judges and legislation side with the applicant.

If the policyholder claims that the payment was made on time, then it is worth adding several days to the 30 days for the transaction to be completed and the funds to be credited to your bank account.

In accordance with current legislation, each day of delay will cost the insurance company 1/75 of the refinancing rate established at the end of the period allotted for settlement operations.

It is worth paying attention that it can often take a long time to pay out under compulsory motor liability insurance. There are cases when the judicial consideration of a case lasted for several years. This often happens due to the insurance company’s refusal to pay bills and the deliberate assignment of a knowingly lower amount of payments.