Auto insurance payments. The procedure for paying the insurance amount after an accident

In Russia, for 15 years now there has been a compulsory MTPL motor insurance system, which is regulated by Law No. 40-FZ of April 25, 2002. In 2017, changes were made to this regulatory act that affected the timing and amount of damage payments for damage under insurance after an accident, as well as other significant nuances. The amendments were introduced by Law No. 49-FZ of March 28, 2017 and came into force on September 25, 2017. This article will discuss the new payment procedure.

Rules for insurance payments under compulsory motor liability insurance in case of an accident in 2019

In which case there will be no compensation

In practice, insurance companies do not always pay out insurance. Refusal to pay compulsory motor liability insurance in case of an accident may occur in the following cases:

1. The culprit of the accident has not been identified. If the driver considers himself to be an injured party, he can order an additional examination or go to court to conduct a forensic examination.
2. Became a participant in the accident.
3. The victim missed the deadline to apply.
4. The insurance policy has expired.
5. A training vehicle was involved in an accident if the accident occurred while taking tests or undergoing practical training.
6. Damage to property was caused by transported cargo.
7. The victim was performing his job duties at the time of the accident.
8. Insurer bankruptcy.

Also, the insurance company may refuse compensation if an incomplete package of documents is submitted or if they are established.

Who pays for damages under compulsory motor liability insurance?

The damages to the victim are paid by the insurance company of the culprit. A participant in an accident can also contact his insurance company to receive compensation under the PPV. The insurance amount to be paid cannot exceed the amounts established by law. If the damage exceeds these payments, the victim can go to court and recover the remaining funds from the culprit.

At the same time, you need to figure out who will receive the payments - the policyholder or the owner of the car, if these are different people? The legal framework provides for legal situations where the owner and the policyholder are different persons. Moreover, the contract even provides separate columns for them.

The policyholder is the person who pays for the policy; he must be recorded as the driver. But, regardless of who pays for the insurance, payments are due to the owner of the car. The policyholder can receive it only if it is available from the owner.

Will the insurance company pay if the person at fault was drunk?

The vehicle cannot be repaired

Insurance companies recognize two situations as a total loss of a car:

• the car is so broken that it cannot be repaired;
• the car can be repaired, but the cost of repair will exceed or be equal to the value of the car itself at the date of the accident.

If the car cannot be restored after an accident, the insurer will pay its value at the time of the accident, but within the limits established by law. There are a number of features in this insurance case:

1. The insurer has the right to keep the damaged vehicle. However, he can do this only after paying compensation.
2. The victim can keep the usable parts of the car (for example, for sale), but then their cost will be deducted from the amount of the insurance payment.

The complete loss of a vehicle can only be determined by an expert after inspection. During the examination, the specialist notes all damage and estimates the cost of repairs; this information is necessarily reflected in the expert’s conclusion. At the next stage, the car market is studied and the cost of the car is determined. The obtained figures are compared and a conclusion is made.

The examination must be carried out within 5 days after the provision of the necessary documents. If the owner independently repaired the car before the examination, the insurance company may refuse to pay.

What can passengers in an accident expect?

Insurance payments to passengers resulting from a car accident include the following components:

• payment for treatment, including the purchase of medications, prosthetics, rehabilitation;
• payment for a nurse if additional care is required;
• purchasing food if the doctor prescribed a diet during treatment;
• compensation for lost earnings.

The victim must confirm all expenses with documents. It is recommended to record the deadline for transferring documents to the insurance company and keep copies of them for yourself. The victim also needs to provide documents regarding the accident (certificate, protocol, resolutions), a salary certificate and an application. The deadline is 5 days from the date of the accident. However, if there are valid reasons (for example, being in the hospital after an accident), the period may be extended.

Compensation for lost earnings is considered as additional expenses and is calculated as the difference between the wages that the victim could have received during the period of incapacity and the cost of treatment. If the salary is higher, an additional payment is made. For example, during the period of incapacity for work, the victim should have received an income of 45,000 rubles, insurance payments for treatment amounted to 17,500 rubles. That means 27,500 rubles. The insurer must pay the person additionally for lost earnings.

Payments under compulsory motor liability insurance for road accidents in 2016 are made in accordance with the law on compulsory motor liability insurance, taking into account the changes that came into force in 2014 in case of damage to property, car, and changes that came into force on April 1, 2015 in case of harm to health. .

The changes affected the limits of compensation under compulsory motor liability insurance, the timing of payment, and the procedure for applying. We talked about all the changes in the article “”.

What are the payment limits for compulsory motor liability insurance in case of an accident in 2016? How long will it take to receive compensation under compulsory motor liability insurance in 2016? What to do if there is not enough money for repairs under OSAGO?

Payment limits for compulsory motor third party liability insurance in 2016.

Maximum compensation under compulsory motor liability insurance in 2016 per year for damage to property or a car is 400,000 rubles. If earlier 160,000 rub. distributed among all victims, now within the range of 400,000 rubles. Every victim of an accident can receive it.

The maximum compensation under compulsory motor liability insurance for personal injury is 500,000 rubles. for each victim.

The specified insurance amounts are established by Art. 7 of the law on compulsory motor liability insurance.

The specific amount of payment must correspond to the cost of repairing the car, taking into account the wear and tear of the parts being replaced. The percentage of wear and cost of repairs is determined by an expert. Calculations are made according to a unified methodology approved by the Bank of Russia.

If you choose repairs under MTPL, then you will have to pay the difference between the cost of repairs without wear and tear and the cost of repairs with wear. More information about the procedure for repairing a car in the direction of the insurer can be found in the article ""

The insurance payment under compulsory motor liability insurance must include the loss of commodity value, the amount of which is also determined by the expert, the cost of a tow truck, and storage of the vehicle.

If the cost of repairing a vehicle or other property is equal to the value of the car at the time of the accident or exceeds the value of the property, and also if repair is not possible (cannot be restored), then payment is made in the amount of the value of the property at the time of the accident minus the usable remains.

When should I expect compensation under compulsory motor liability insurance?

The insurer has 20 calendar days (except for non-working holidays) to make payments under the MTPL Law, Article 12, Clause 21. For issuing a referral for repairs, the same period is established, Clause 17, Article 12.

This period begins to run from the moment the payment application is submitted with all required documents.

If at least one document is not attached to the application, then the period does not begin to run. In this case, the insurer is obliged to inform what documents are missing immediately upon acceptance of the application. If the application is sent by mail, you must respond in writing within 3 days.

The delay begins from 21 days, and the insurer is obliged to pay a penalty under MTPL for each day of delay in the amount of 1% of the amount of your specific payment (cost of repairs including wear and tear + other expenses + loss of marketable value).

Within 20 days you must make a payment under compulsory motor insurance or receive a refusal to pay.

In case of delay in sending a refusal, the insurer pays a financial sanction in the amount of 0.05% of the insured amount.

In case of damage to property, the financial sanction is 400,000 * 0.05% = 200 rubles. in a day

In case of harm to health 500000 * 0.05% = 250 rubles. in a day.

Read more about the penalty in the article ""

What to do if the money received from the insurer is not enough for repairs?

— Make an independent assessment of the cost of repairs, contact us, and our specialist will make a calculation.

More often than not, insurance companies underpay.

— In addition, make an assessment of the loss of marketable value. This can also be done through our expert.

Most likely, the insurer did not voluntarily pay it to you.

Even in the case of repairs at a service station at the direction of the insurer, the loss of marketable value can be recovered in money.

— In the event of damage to property in the range of 400,000, the insurer is responsible, so the requirement for additional payment is presented to him.

— Before filing a claim in court, you must contact the insurer with a claim, attaching the original independent assessment. Response to claim: additional payment or refusal must be made by the insurer within 5 or 10 calendar days depending on the date of the accident. More details in the article ""

— Keep in mind that a difference of 10% between the insurer’s assessment and the assessment by an independent expert hired on your initiative is considered statistical significance. If the difference is 10% or less, do not expect any additional payment. This is also a losing proposition in court.

This amount does not apply to the amount of loss of commodity value. The only difference is the renovation!

— If the insurer nevertheless underpaid, paid extra, but less, then the remaining amount can be recovered in court.

— If the cost of repairs, taking into account wear and tear + loss of marketable value, exceeds 400,000 rubles, then the claim must be brought against the culprit of the accident. They only collect from him what is over 400,000 rubles.

If the insurer has not paid up to 400,000 rubles, and there is something to recover from the culprit, then one claim can be filed against both at once: both the insurance company and the culprit.

— If the insurer does not pay the penalty, and the damage is more than 400,000, then the claim can also be brought against the 2nd defendant.

Please note that if the claim against the insurer is only for a penalty, then a pre-trial claim must also be submitted for it.

— In case of harm to health, the culprit is charged with the amount exceeding 500,000 rubles. and compensation for moral damage.

— In addition, a fine can be collected from the insurer under the MTPL Law: 50% of the difference between the amount of the insurance payment determined by the court and paid pre-trial by the insurer (Article 16 of the Law on Compulsory Motor Liability Insurance).

— Compensation for moral damages for violation of consumer rights is also recovered from the insurer.

— You will not recover the amount of wear and tear from the culprit.

Not satisfied with the payment under compulsory motor liability insurance in case of an accident in 2016?

Not enough compensation under compulsory motor liability insurance?
Didn't pay for the loss of commodity value under OSAGO?

Didn't pay the penalty?

Call us!

We will recover everything in court!

Insurance dispute lawyer in St. Petersburg

Every vehicle owner is required to go through the registration procedure for compulsory motor third party liability insurance. This procedure is enshrined at the state level and, if it is necessary to compensate for material damage when using vehicles, they are guided by the paragraphs of Law No. 40-FZ.

What can you get money for?

Emergency situations often occur on the roads, resulting in material damage and personal injury. Since the settlement of such issues at the private level often leads to long litigation, a law on compulsory motor third-party liability insurance was developed.

After taking out a policy, if an insured event occurs, the following persons may receive payments:

1. The insured person, but only if he is not the culprit of the incident. Exceptions may be situations when he is not only the culprit, but also the victim.
2. A participant in a disputable situation who holds a power of attorney for a car, which included the possibility of receiving monetary compensation under compulsory motor liability insurance.
3. Heir if the death of the insured occurs. This does not apply to the disposal of a car by power of attorney, since it becomes invalid in the event of the death of the owner.
4. Creditor bank.

Insured events include any situation that arose with the participation of a motor vehicle and resulted in material damage.

You cannot apply for payments under compulsory motor liability insurance in the following situations:

• the car was driven by a person not specified in the policy or power of attorney;
• damage caused by dangerous goods to the victim or the environment;
• compensation for moral damage or possible lost profits;
• exceeding the insurance limit;
• the damage occurred as a result of sports, experimental or educational activities;
• the insured person was under the influence of alcohol or drugs at the time of the incident;
• lack of license to drive a car.

These circumstances are taken into account when analyzing the company that provided compulsory motor liability insurance. In case of unlawful actions of the latter, there is always the opportunity to appeal them in court.

The procedure for receiving payments under compulsory motor liability insurance

To receive compensation payments, you must contact the insurer of the person responsible for the accident. In some cases, it is possible to compensate for material damage through your insurer. These points are described in Article 14.1, paragraph 1 of Law No. 40-FZ. The required package of documents is sent to the above-described organizations. In addition, they can be provided to the insurer’s representative if he is located in the Russian Federation.

To avoid errors during registration, you should carefully study the following clauses of the insurance contract in advance:

• a list of required documents, the procedure for their provision and execution;
• principle of calculating the sum insured;
• compensation payment procedure.

Having this information, you can independently calculate the amount of compensation even before submitting the necessary documentation.

Documentation

First of all, you need to make sure that the situation that arises is covered by insurance.

But in any case, you need to do the following:

• Notify all participants in the accident about the presence of compulsory motor liability insurance, indicate the name of the insurance company and its location. It is mandatory to provide information about the policy number and its validity period.
• Notify the insurer about the accident.
• Correctly fill out the required forms and other types of documents.

The last point is the most important, since not only the estimated amount of payments, but also the very fact of their accrual to the victims will depend on the correctness of its implementation. Therefore, it is recommended to draw up an action plan in advance and have the necessary data to fill out.

To receive compensation, you must provide the following documents to the insurance company:

• Confirmation of the beneficiary's identity - passport and its copy. When working through a representative, a power of attorney with a full list of rights and powers must be provided.
• Documents for the right to own a vehicle.
• Payment details. They are necessary for non-cash transfer of compensation amount. When issuing cash, this item is not needed.
• If the recipient of the benefit has not reached the age of majority. In this case, you need a certificate from the guardianship authorities about the legitimacy of receiving compensation.
• Certificate from the traffic police about the accident. Attached to it is a notification form, which is issued based on the results of the OSAGO conclusion.
• A copy of the decision of the administrative court (protocol). An alternative document is the refusal of the criminal case on the fact of the accident.

According to the new Procedure, the transfer of documentation and its verification can be done electronically.

To do this, you need to send them through the insurer's website. In practice, it is recommended to personally provide the package to the responsible company.

Procedure

After providing comprehensive information, the insurance company determines the amount of payments and their type. They can be direct, drawing up a European protocol, or work according to a standard scheme. In the latter case, the amount of compensation may be maximum, since direct compensation or a European-style protocol requires mandatory compliance with additional conditions. They directly affect the maximum amount.

The procedure for obtaining compensatory motor vehicle liability insurance.

1. Completing a package of documents, obtaining the above-described certificates.
2. Providing information to the insurance company and drawing up an application. This must be done within no less than 15 days from the date of the insured event.
3. The car must undergo an independent examination. As a result, the necessary amount for its restoration is formed.
4. Based on the data, the insurer draws up a report indicating the decision to pay or a reasoned refusal.
5. Compensation must be received within 20 days after making a decision. In case of violation of this clause, a penalty will be imposed in the amount of 1/5 current refinancing rate.

If a complex and ambiguous situation is being considered, it is recommended to use the services of specialized companies. They will not only take care of all the paperwork, but will also provide legal assistance to resolve the issue positively.

Sum

To determine the amount of compensation until 2011, coefficients regulated by the Central Bank of Russia were used. But after changes in legislation, insurance companies were allowed to independently calculate coefficients that affect the amount of payments. However, these rates should not exceed the limits established by law.

The total amount of compensation consists of:

• funds needed to repair the car. Calculated based on independent expert data.
• the estimated income that the victim could have on the day of the accident and all subsequent ones during the period of treatment.
• compensation for medical care - medicines, food, prosthetics.
• spa treatment, if necessary;
• professional retraining. This is usually necessary when it is impossible to perform job duties due to an injury.

In addition, it is necessary to consider factors that may affect the amount of future compensation.

What does it depend on

The amount of compensation is preliminarily determined at the stage of registration of compulsory motor liability insurance. In this case, insurance company specialists take into account the condition of the vehicle and other factors.

To do this, the basic tariffs must be multiplied by the following coefficients:

• Territorial. It depends on the number of people living and the type of settlement. For large cities this coefficient is higher than for small ones;
• Personal factors. These include age and actual driving experience;
• Rated power of the car engine. The higher this indicator, the greater the coefficient;
• Duration of the insurance policy.

In fact, the amount of compensation compiled by the insurance company’s department may differ less from the actual one.

Therefore, in case of an accident, it is recommended to use the services of a truly independent expert. The same applies to choosing a car service to restore your car. The qualifications of service station specialists and equipment do not always meet even the minimum requirements. This directly affects the quality of repairs.

Maximum

Before April 1, 2019, the amounts of compensation payments under MTPL were relatively small. The maximum amount of funds for restoring a car was 400 thousand rubles. Health insurance payments were limited to 160 thousand rubles. But as a result of the reform, the latter amount increased to 500 thousand rubles.

Compensation for car repairs remained unchanged.

However, it is often impossible to obtain the maximum amount for car damage. This is due to the financial interests of insurance companies. If the actual compensation does not cover all expenses, you can try to increase the amount to the required amount.

To do this, the following conditions must be met:

• Do not “cheat” with documentation under any circumstances. Such actions include entering into a conspiracy with traffic police officers or representatives of an independent assessment examination. If fraud is detected, the insurance will be cancelled.
• After conducting the examination and receiving the payment amount, you can go through it again. To do this, you will need to call the person at fault for the accident and a representative of the insurance company.
• The new result with an application for revision is provided to the MTPL. It is important to register documents correctly.
• If you are denied additional compensation, you can go to court.

In this way, you can increase the insured amount to the actual one.

Does it matter who is at fault for an accident?

According to current legislation, the culprit of an accident cannot count on any compensation. However, in fact, everything depends on many circumstances. Since 2002 The decision on guilt/innocence in organizing an accident is made by the administrative court.

Therefore, the following nuances may arise:

• Recognition of the participant as both guilty and victim. This situation is possible if several cars are involved in an accident and only if the court does not consider each fact of the collision separately.
• There is mutual guilt of the participants in the accident. Often in case of excess of the amount of insurance payments. Then the guilty party, in order not to compensate for the difference from his personal funds, can file a counterclaim alleging the unlawfulness of the previous court decision. If he wins, the amount of payments will depend on the degree of material damage.

It should be remembered that all controversial issues can only be resolved in court. The adoption of a positive verdict is influenced by the correctness of documentation and compliance with the procedure in the event of an accident.

A traffic accident is a terribly unpleasant event. It involves not only damage to the car and harm to human health, but also red tape associated with obtaining insurance. Many car owners who do not particularly delve into the intricacies of receiving due payments experience serious difficulties in carrying out the procedure. But if you know the whole procedure and take into account some of the nuances, then insurance payments will be received as quickly as possible and without unnecessary problems.

○ Procedure for receiving payments.

✔ Actions in case of an accident.

A traffic accident must be recorded. To do this, you must first call traffic police officers, who will draw up an appropriate protocol. In the event of a serious accident, as a rule, representatives of the investigative authorities arrive and draw up their own protocol for examining the scene of the accident, and also take photographs.

To contact the insurance company, you can ask for a copy of the reports and photographs, which will be the best evidence of the incident. If possible, be sure to take your own photographs from different angles. Recordings from car registrators or surveillance cameras will also be an excellent help (copies of the latter can be requested from the traffic police).

✔ Documents for insurance.

According to clause 3.10 of the Regulations, in general it is necessary to provide the following documents:

1. Statement. It can be drawn up either by the victim himself or by his representative (in the latter case, a copy of the power of attorney is also required). A sample can be taken from the insurance company employees.
2. Identity document. As a general rule - a passport, for victims under 14 years of age - a birth certificate.
3. Bank details. This is required if the payment is made by bank transfer.
4. Information about an accident. The document is provided by the traffic police department whose employees recorded the incident.
5. Notification of an accident. It must be drawn up by the owner of the MTPL policy and sent to the insurance company, even if a report on the accident has been drawn up by the traffic police.
6. A copy of the administrative violation protocol. The document is issued by employees of the traffic police department if a corresponding case has been opened under an article of the Code of Administrative Offenses.

If it is necessary to confirm additional facts that affect the amount of the amount paid, you must also provide relevant documents (for example, to confirm the death of the victim, you must provide a death certificate).

✔ Submission of documents.

The listed documents are submitted to the insurance company, which is specified in the MTPL agreement. The most reliable option for filing is directly to the insurer’s office. Depending on the organization, you can either sign up, leave an application, or, on a first-come, first-served basis, provide all the papers to the employee responsible for compulsory motor liability insurance payments. The provisions on the rules of compulsory motor liability insurance allow victims to submit documents by mail or electronically. These methods can be much more convenient, but they do not guarantee 100% transmission of documents, since letters tend to get lost for a variety of reasons. In addition, if you provide all copies by post or electronically, you will still need to contact the insurance company with the originals.

✔ Insurance response.

The time frame within which the insurance company must respond to the victim’s application for payment of insurance amounts is clearly indicated in the Regulations on the rules of compulsory motor liability insurance. According to clause 4.22, as a general rule, the insurer is obliged to consider the application and send a response to it within 20 days. If the insurance company agrees to pay directly for repairs, the response time increases to 30 days. In this case, calendar days are taken into account, that is, together with weekends, with the exception of non-working holidays. The insurer's response usually contains either an agreement to pay or a refusal. However, the insurance company may also suggest changes or comments to the proposed terms. In this case, additional documents are attached to the response (in particular, the results of an expert assessment of the damage). Typically, such situations are regulated in direct communication between the insurer and the policyholder.

✔ How to receive payment.

The amount can be paid upon the occurrence of an insured event in several ways:

1. One-time payment of a sum of money in full. It is the most common and simplest option.
2. Partial payment of a sum of money with the additional conclusion of contracts for the provision of services, which are covered by the remaining amount (as agreed by the parties, if necessary). As a rule, this concerns the performance of work and the provision of services for the restoration of a vehicle.
3. Payment of funds directly to the medical organization providing assistance to the victim (in whole or in part).

It is important to note that payment of funds for harm to health or life under compulsory motor liability insurance does not affect the receipt of amounts due under personal insurance.

○ Payment amounts.

According to paragraphs. "b" art. 7 of the Federal Law “On Compulsory Motor Liability Insurance”, the maximum amount paid cannot exceed 400 thousand rubles. This provision applies to cases of both complete loss of the car and partial damage. In the first situation, the amount of payment is set in accordance with paragraph. 2 clause 4.15 of the Regulations and is equal to the actual value of the vehicle at the time of the insured event minus the value of the usable remains. In case of partial damage to the car, the amount of payment is equal to the cost of a full repair, taking into account the average cost of restoration work in the region. The exception is the presence in the contract of a clause on compensation for damage in kind. If it is necessary to replace worn parts, no more than 50% of the nominal value will be charged.

As for compensation for damage to health, according to paragraphs. "a" art. 7 Federal Law “On Compulsory Motor Liability Insurance”, the maximum payment amount cannot exceed 500 thousand rubles. The specific amount of the amount is established in accordance with the severity of the harm caused, as well as its consequences (various degrees of loss of ability to work and legal capacity).

If the victim does not agree with the amount of payment, in accordance with clause 5.1 of the Regulations, he can submit a claim to the insurance company. It should contain calculations, as well as other evidence of your own position. Disputes may arise in the following situations:

• Failure to fulfill or improper fulfillment of obligations by the insurance company.
• Disagreement with the amount of payment.
• Failure of the service station, where repairs are carried out at the direction of the insurer, to comply with the deadlines for returning the car.
• Violation of other obligations by the insurer.

Out-of-court settlement of disagreements does not always lead to fruitful results, which is why disputes most often end up in the judicial authorities.

○ Refusal to pay, grounds.

The insurance company has every right not to pay insurance compensation only in certain cases. The grounds established by clause 5.2 of the Regulations include the following situations:

1. Submission of an application by a person who is not a victim or does not have a power of attorney allowing him to apply in the interests of the victim.
2. Failure to provide original documents when requested by the insurance company.
3. Lack of bank details when applying for a cashless transfer.
4. Failure to provide a vehicle for damage assessment at the request of the insurance company.

In addition, the insurer may refuse in cases of the occurrence of a so-called insurance risk. According to Part 2 of Art. 6 Federal Law “On Compulsory Motor Liability Insurance”, it occurs in the following situations:

1. Causing damage to a vehicle not specified in the MTPL agreement.
2. Causing moral harm or lost profits.
3. Causing harm during sports competitions or training riding in places specially designated for these purposes.
4. Damage to antiques, precious metals, securities.
5. Damage to cargo transported in a trailer or special equipment, including during loading or unloading.
6. Causing harm to the life and health of passengers during their transportation carried out as a professional activity (if the harm is subject to compensation under other insurance contracts).
7. Compensation by the employer for losses caused to the employee.
8. Environmental pollution.
9. Causing harm to employees if there are other insurance contracts.

If the existence of these grounds is disputed by the victim, it is imperative to first file a claim with the insurance company. If she is not satisfied, there is only one way out - legal proceedings.

○ When the insurer can exercise the right of recourse.

Recourse is a claim from the insurer against the person who caused the accident. The citizen who caused the harm is not obliged to compensate the damage to the insurance company on his own, since this requires an application from the organization.

Part 1 of Article 1081 of the Civil Code of the Russian Federation:

• “A person who has compensated for damage caused by another person (an employee in the performance of official, official or other labor duties, a person driving a vehicle, etc.) has the right to claim back (recourse) against this person in the amount of compensation paid, unless another amount is established by law.”

The grounds on which the insurance company has the right to recourse are specified in Part 1 of Art. 14 Federal Law “On OSAGO”:

1. The person who caused the harm does not have the right to drive a car.
2. The person fled the scene.
3. The damage was caused by a person in a state of intoxication.
4. Damage to health and life was caused as a result of intent.
5. The damage occurred during a period when the contract was not in effect (if indicated in the contract).
6. The accident took place without the participation of traffic police officers, while the person who caused the harm also sent a notice to the insurance company.
7. The person who suffered harm is not included in the MTPL agreement (if the agreement specifies the effect on a certain group of persons).
8. The person who caused the damage began repairs before the expiration of the 15 days required to transfer the car to the insurer.
9. The diagnostic card expired at the time of the insured event.

○ Receiving payments through the court.

Insurance compensation is not always paid to the policyholder easily and without questions. The insurance company may underestimate payments, refuse to transfer them to the victim, or delay the process of transferring or repairing the car. In all of these cases, a claim is first filed, but if the claim is unsuccessful, the case is resolved in the district court where the insurance company is located.

To apply to the justice authority, you must submit the following package of documents:

1. Statement of claim drawn up in accordance with Art. 131 Code of Civil Procedure of the Russian Federation. If the plaintiff does not have legal knowledge, the drafting must be entrusted to a lawyer or other lawyer.
2. Copy of the passport.
3. A copy of documents certifying ownership of the car. These include a registration certificate, as well as a technical passport of the vehicle. These documents are submitted in case of damage to the car.
4. A copy of the MTPL agreement.
5. Copies of vehicle inspection and appraisal reports.
6. Copies of accident reports.
7. Copies of expert reports and medical reports. These papers are required to certify calculations of damage caused.
8. A copy of the claim submitted to the insurance company for an out-of-court settlement.

The insurance company always has a qualified lawyer, so the victim should also take care of the services of a professional lawyer. If the court makes a decision in favor of the plaintiff, a copy of it is sent to the insurer, who must perform one or another action within the time period established by the judge.

A traffic accident can happen to anyone, but any car owner whose liability is insured can count on the support of the insurer. How are payments made under compulsory motor liability insurance after an accident, how are they calculated, and in what sequence should you proceed in order to receive 100% insurance compensation? Let us dwell on these issues in detail.

In the event of an accident, the car owner has the right to count on monetary coverage for the following types of damage:

• causing harm to human health or life;
• car breakdown.

Compensation for moral damage is made at the expense of the person responsible for the accident. The same applies to lost profits, which is useless to demand from the insurance company.

When is the policyholder entitled to receive compensation?

It is impossible to list the entire list of incidents when insurance is provided for in case of an accident under compulsory motor liability insurance, it is so extensive. However, in general, insurers adhere to the following approach: an insured event refers to any circumstances in which the owner of the insurance policy, while driving a vehicle, caused a traffic accident. As a result, the persons and/or car of another car owner were injured.

Payment is made strictly in case of an accident that is documented. If the parties to the incident resolve the issue without the participation of representatives of the traffic police or do not draw up a European protocol, then in this case it is impossible to count on compensation from the insurer. In case of an accident in a parking lot, MTPL also works.

Uninsured events

The insurer has the right to use any of the following circumstances as a basis for refusing to transfer insurance compensation:

1. Driving a car by a person whose name is not indicated in the policy.
2. Causing damage to objects of great value (this includes buildings, intellectual property, jewelry, etc.).
3. Committing an accident while transporting dangerous goods, if there is no compulsory motor liability insurance for the transportation of this particular type of cargo.
4. If an employee was injured while performing his job duties.
5. Payments under the MTPL policy are not made if an accident occurs on the territory of a legal entity intended for training of driving school students or designated for car competitions.

Insurers also do not cover the following types of damage:

• lost profits of the victim;
• moral damage to the injured person;
• environmental damage;
• damage in an amount that cannot be covered by the maximum amount provided under the policy (it is recovered in court from the culprit);
• coverage of damages by the employer as compensation for harm caused by its employee.

Payment amount

The main question is how much does the insurance company pay? – regulated by the Law “On Compulsory Motor Liability Insurance”. The maximum amount of insurance compensation provided depends on the consequences of the accident:

1. If a person(s) was injured, the maximum payment under compulsory motor liability insurance is 500,000 rubles.
2. If the damage is purely material (during the accident, no one was injured except the car) – 400,000 rubles.

The amounts are impressive, but they are limited. In practice, the amount of compensation is usually much less.
The amount of payment under compulsory motor liability insurance in case of an accident depends on many parameters, namely:

• number of victims;
• extent of damage;
• vehicle parameters (model, year of manufacture);
• car condition;
• driving experience and even the driver’s place of residence.

A victim of an accident who becomes disabled receives compensation in the approved amounts:

• I degree (and also if a minor has received disability) – 500,000 rubles;
• II degree – 350,000 rubles;
• III degree – 250,000 rubles.

The amount of insurance deductions for victims is calculated as a percentage of the maximum specified amount (500 thousand rubles). For example, if a person’s blood loss was less than 1000 ml, then he will receive 35,000 (7% of 500 thousand), if more, 50,000 rubles (10%).

When a fatal accident occurs, MTPL insurance provides the following types of payments:

• 475,000 rubles – for family support;
• 25,000 rubles - for burial.

If previously only the dependents of the deceased received compensation, now any family member can receive the money owed. If several people died, then each of the families whose member died received 500,000 rubles.

Instructions for the policyholder

Before receiving money, the policy owner must adhere to a certain sequence of actions. This is the only way he can count on insurance after an accident. So, what are the steps to take after an accident to receive payment under compulsory motor liability insurance?

Europrotocol

This option is the most preferable, but does not occur very often. If the victim has no disagreements with the person responsible for the accident (the latter admits guilt and takes full responsibility), the registration of the accident occurs on the spot, without third parties.
In such a situation, be sure to take all of his data from the other party, including information about the insurer.

To obtain CASCO insurance, the presence of an insurance representative is required. He examines the scene of the accident and assesses the scale of what happened. But there is no need to call a traffic police representative. This allows the person at fault to avoid a fine for violating traffic rules.

If there is at least one controversial point, it is better to act in the order below.

Notification of insurance and State traffic inspectorates

If you are involved in an accident, then, after making sure that there are no injuries in all vehicles, you should call your insurer and the traffic police. Before their arrival, objects related to the incident must not be touched. Only this will allow us to find out the real reason for what happened. While waiting, you need to exchange contacts with your opponent, and also write down your passport and insurance details.

Contacting the traffic police

After the incident, you will need to pick up a certificate here. It reflects the incident that occurred, and pays special attention to the nature of the damage to the vehicle.

Providing documents to the insurance company

The time limit for contacting the insurer is limited. It is advisable to do it within 5 days. However, the 5-day period is more advisory than legislatively approved. If you don’t fit into it, then go to the insurance company when you can. This circumstance is not a basis for refusal to pay for the policy.

Do not delay your visit to the insurance company, so as not to give the company a reason to make claims against you.

To receive payment, in addition to the application, the victim must submit the following documents:

• civil passport and driver's license;
• car documents;
• insurance;
• certificate from the traffic police (or European protocol).

Additionally, any documents confirming the expenses incurred, for example, payment for tow truck services or medical services, are attached.

Carrying out an examination

The amount of coverage that will be paid depends on its results. It is unacceptable to make repairs before the car is inspected by an expert. Further, based on the examination carried out by the insurer, you can substantiate your claim in a pre-trial claim and in court if the amount of compensation does not suit you.

Receiving insurance compensation

Compensation is paid in three ways:

• in cash through the insurer's cash desk;
• to the bank account specified by the company’s client;
• payment for the services of a service station that will carry out repairs.

Deadlines

Until recently, companies were given 30 days to pay insurance. But under the current legislation, this period has been changed: now insurers will be required to pay compensation no later than 20 days (minus non-working days and holidays) after the client’s application. After the specified time has passed, the company is obliged to justify the refusal to pay or make the payment.

If the deadlines are not met, a penalty is charged in the amount of 1% of the untimely paid amount of compensation for each day of delay.

To make the payment faster, it is best to:

1. Go to the insurance company and find out the date of consideration of the case.
2. Write a request to move the date to an earlier date.
3. Pick up the decision from the court yourself (if, for example, there were victims) and personally deliver the original to the insurance company. A copy of the document will remain in your hands.

Car death

The above payment procedure applies to situations where the machine requires restoration, but has not lost its functional purpose. However, there are cases when repairs are not practical. Then insurers insist on constructive destruction of the vehicle. This means that the owner is left without compensation and without a car. Most often this happens when you need to spend 60-80% of the cost of the car on repairs.
The decision is made on the basis of the expert opinion received.

If repairs are impossible and the car is destroyed, it remains to decide who will receive its remains. If in favor of the owner, then he receives compensation.

Both MTPL and CASCO insurance have been issued – how is compensation calculated?

Current legislation allows you to issue two policies at the same time - OSAGO and CASCO. But many car owners in this case do not understand how to get insurance. And some, on the contrary, are trying to use double car insurance as a tool for enrichment. However, this is quite a risky undertaking. Fraud in this area is punishable by law.

The essence of insurance deductions is to cover all expenses of the victim in an accident. This means that the policyholder can receive 100% compensation from only one insurer to choose from - compulsory (MTPL) or voluntary (CASCO).

Compensation for the culprit

Automobile liability insurance provides for the obligation of insurers to pay compensation to the injured party. But often car owners wonder: after an accident, what should the culprit do, can he receive any payments? The answer is no. Since OSAGO insures the civil liability of drivers, and not the vehicles themselves.

Moreover, in certain cases, insurers may file a recourse claim against the person through whose fault the incident occurred. This means that the insurance company first pays compensation to the victim, and then tries to reimburse the money spent at the expense of the person responsible for the accident (most often through the court). This often happens if the culprit of the accident is drunk at the time of the incident or is not included in the policy.

However, there is an option when the culprit can actually count on receiving insurance. We are talking about cases where the cause of the incident is not one of the parties to the accident. For example, an accident that occurred is a consequence of a violation of the roadway or poor-quality lighting.

So you have found out how insurance is paid in case of an accident if you have a compulsory motor liability insurance policy. In this matter, the main thing is to know your rights and act in accordance with the above sequence.