Receive an insurance payment. Insured event under compulsory motor insurance

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 action 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 parties' insurance companies 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 get 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.

You will be interested in:


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.

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 MTPL?

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 questionable. 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.

Reading time: 8 minutes

Motorist liability insurance is a mandatory requirement for all drivers. Read on to find out exactly what payments are due in case of an accident under compulsory motor liability insurance in 2019, as well as the intricacies of obtaining funds and the principles of behavior of the insured driver after an accident.

OSAGO - what is its purpose?

The policy gives its owner financial protection in the event of a traffic accident that occurs through his fault. Insurance is mandatory for every driver and is issued on a paid basis.

  • Material losses, most often damage to the car.
  • Harm caused to the life or health of those involved in the accident.

The size of payments is limited by the rates approved by the Central Bank of the Russian Federation. , and the policy does not compensate for lost profits, so these costs will fall entirely on the shoulders of the person responsible for the incident.

In order to prevent road accidents, a system has been developed that affects the cost of compulsory motor insurance after an accident. The more insurance cases a driver has, the more expensive a new policy will cost him. And vice versa.

You can read about the types and sizes of coefficients in the article “”.

Payment amounts

The amount of payments that the insurance company is obliged to make to the injured party increases periodically. The latest changes were made by Law No. 49-FZ of March 28, 2017 and came into force on September 25, 2017, as well as last year to Article 11 1 of the Law “On Compulsory Civil Liability Insurance of Vehicle Owners,” which came into effect on June 1 and are still in effect today.

The maximum payment under compulsory motor liability insurance in 2019 for an accident is 500 thousand rubles for accidents where or was caused. For compensation for material damage, the amount of compensation can reach 400 thousand rubles.

The fact how much the insurance company pays in case of an accident under compulsory motor liability insurance will depend on the results of specialized examinations: medical, automotive, road, traceological and others. And also on the scale of the harm caused and the number of victims. The make, model and year of manufacture of the car, its actual wear and tear at the time of the accident, the driver’s place of residence, his driving experience and other nuances will be important.

To control the calculations of the insurance company, it is useful to independently calculate the cost of payment under compulsory motor liability insurance after an accident. The most reliable and informative way is to organize an independent examination. But in the simplest cases, basic programs that are easy to find on the Internet are also suitable.

Insurance cases

The legislation specifies all situations in which the injured party will be entitled to payments under the policy. Let us note one general rule - insurance cases under compulsory motor liability insurance in case of an accident involve any road accidents that occurred through the fault of the policy owner while driving a car and caused harm to the life, health and/or property of other road users.

It is important to emphasize that insurance cases under compulsory motor liability insurance without an accident are not paid by the insurance company. That is, if the driver and the victim decided not to document the fact of the incident and paid directly on the spot, then no one will return the money spent to the motorist.

As for whether compulsory motor liability insurance applies if an accident occurs in a parking lot, the answer is yes. But if the vehicle gets into an accident on the territory of the enterprise, on the training ground or on the track for automobile competitions, then the driver will be denied insurance coverage.

  • Provide first aid to victims. If necessary, call an ambulance.
  • Call a traffic police representative.
  • Take photographs or video of the accident scene.
  • Ask eyewitnesses to testify.
  • With the help of the traffic police, draw up a diagram of the accident.
  • Only then remove vehicles from the road.

The actions after an accident to receive payment under compulsory motor liability insurance will be identical to the first situation: submit a notice, wait for the results.

You will find more information on the issue in the article “”.

How to get compensation

Not everyone knows how to get MTPL insurance after an accident. Because of this, numerous minor disputes and serious conflicts arise between car owners and insurers. In fact, the procedure is quite simple.

The procedure for receiving payment under compulsory motor liability insurance in case of an accident in 2019 still includes the need to notify the insurance company within the established time frame that an accident has occurred. Insurers, in turn, have the opportunity, over a certain period, to study the case materials and conduct an automobile examination to determine the exact amount of compensation.

Also, the procedure for registering an accident under compulsory motor liability insurance involves mandatory pre-trial settlement of disputes with insurance companies. This means that if for some reason you do not agree with the actions of the company serving you, then before going to court, you will have to formalize and submit. This also applies to situations when you are not happy with the way payments are made under compulsory motor liability insurance in case of an accident. For example, if the insurance company underestimates the amount due to the culprit of the accident.

Contacting the insurance company

According to the new rules, the period for contacting an insurance company after an accident under compulsory motor liability insurance in 2019 is 5 days (previously it was 15 days). However, it must be borne in mind that this requirement is rather advisory in nature. Thus, if for some reason you are unable to meet the deadline for filing an application for compulsory motor liability insurance for an accident, you may well do so when such an opportunity arises. Moreover, delay cannot be grounds for refusing to pay you monetary compensation. But the sooner, the better, of course.

For convenience, you can submit an application for payment not only during a personal visit, but also by fax or through your legal representative.

Many drivers doubt whether the person at fault for the accident should contact the insurance company under compulsory motor liability insurance, or whether this is the task of the injured party. According to the established procedure, the one who intends to receive it applies for compensation. If the injured party is seriously injured or killed in an accident, the next of kin or their trusted legal representatives may speak on their behalf.

Where to go after an accident under compulsory motor liability insurance for a victim in 2019 depends on the circumstances of the incident.

The victim goes to his insurance company if:

  • Only two cars were involved in the accident;
  • both drivers have insurance;
  • The damage was caused only to the car.

In other situations, you need to contact the insurance company of the guilty party. As for who pays for an OSAGO accident, if the insurance company goes bankrupt or turns out to be a fraudulent organization, then in this case you can call for help.

More information on this topic is in the article “”.

Documents required for insurance

You will be able to receive funds under the policy only if you submit a complete package of papers drawn up in accordance with all the rules. Depending on the situation, their list may differ slightly. But at least the following documents are always required:

  • Identity card of the victim.
  • Protocol (copy) and resolution on an administrative offense/ruling on refusal to initiate an administrative violation from the traffic police, if the traffic accident was registered with the participation of police officers.
  • Notification of an accident.
  • A package of documents for the car.
  • Papers with bank details to which insurers can transfer money.

Notification to insurance about an accident

This document must be completed both when traffic police officers are called to the scene of an accident, and when drivers decide to fill out the documents themselves.

The notification contains detailed information about the participants in the accident and the accident itself. Completed in accordance with the instructions and bearing the personal signature of the originator, it is submitted to the insurance company by the injured party.

When there are both OSAGO and CASCO policies

The rules for payments under compulsory motor liability insurance in case of an accident in 2019, as before, do not limit the ability of drivers to insure themselves and receive financial compensation under CASCO.

Many people are interested in how insurance is paid in case of an accident? That is, is it possible to receive payment under both policies, and in what amount? Here it is important to remind car owners that the purpose of insurance is not to enrich the insured person in the event of an insured event, but to compensate him for the damage caused.

The question of how to receive payment under compulsory motor liability insurance after an accident along with payment under CASCO hints at a desire to carry out some kind of fraudulent operation, which is, of course, illegal. A logical rule follows from this: you can receive 100 percent compensation for damage received using only one insurance policy. Which one is up to the victim to decide.

If there are victims

According to existing rules, payments under compulsory motor liability insurance for road accidents involving victims are made after an examination of the health status of the persons who suffered harm.

The list of persons who are paid insurance under compulsory motor liability insurance in case of an accident, if the family breadwinner was injured in it, includes the closest adult relatives and/or minors who are in the care of the person injured in the accident.

Statute of limitations

The legislation regarding civil liability insurance for motorists does not have a separate clause covering this issue. Therefore, the statute of limitations for compulsory motor liability insurance after an accident is equal to the statute of limitations for civil cases and can be 2 or 3 years.

If the damage is greater than the payment

Despite the fact that the amounts of insurance payments have been significantly increased, the limits established by law are not always enough to meet the needs of the injured party.

In cases where the payment of insurance in case of a motor vehicle accident does not cover the entire amount of damage caused, part of the funds must be demanded directly from the culprit of the road accident. The procedure is very complex, labor-intensive and, in many cases, lengthy. Especially if the financial capabilities of this person are very limited, and the amount of payment is large.

Read about how recovery from the culprit of an accident occurs in the article located.

Payments to the culprit

Another popular question concerns whether the person at fault for an accident can obtain insurance under compulsory motor liability insurance. The answer here is no, since this insurance policy provides for the payment of monetary compensation only to the injured party.

As for whether MTPL insurance is paid to the culprit of an accident if, as a result of the trial, he was cleared of responsibility for the incident, then the answer is yes.

If none of the traffic participants is at fault, for example, the cause of the accident was an incorrectly placed sign or poor road surface, compensation will be due to all victims. In such cases, MTPL insurance is also paid in case of an accident.

Reimbursement of funds specifically to the guilty party is allowed only. To do this, the insurance agreement must contain a corresponding clause.

How to get the full payment from the insurance company for an accident: Video

Have you been injured in an accident due to someone else's fault? You have every right to compensation. Will Sravni.ru tell you where to go for money?

The maximum amount of the insured amount that can be paid to the injured party under the MTPL policy is regulated by the legislation of the Russian Federation. Let us remind you that it does not compensate for damage caused to your car or health. OSAGO implies payment for damage that was caused to someone else’s vehicle, property and health of other victims as a result of your actions.

However, before you decide to apply for damage compensation under MTPL, make sure that your insured event does not fall into one of the following. Otherwise, payments under compulsory motor liability insurance will not be possible.

Types of damage and maximum amount of insurance payments:

1) Compensation for harm caused to the life and health of each victim - no more than 400 thousand rubles.

2) Compensation for damage caused to the property of each victim - within 500 thousand rubles.

Compensation payments for damage to life or health are made only in cases where victims cannot receive them under a compulsory insurance contract, namely:

3. The culprit of the accident is unknown.

4. The person at fault for the accident does not have a compulsory civil liability insurance contract.

Compensation payments for compensation for damage to property are made only in cases where victims cannot receive them under a compulsory insurance contract, namely:

1. The insurance company that insured the person responsible for the accident went bankrupt.

2. The insurance company’s license to carry out insurance activities has been revoked.

Complaints

Many victims, in fact, are forced to agree that the compensation paid will not be enough to repair the car, since no one guarantees that the ruling will be in your favor, and that legal costs (not to mention temporary ones) will be compensated. However, in any case, the insurance company is obliged to pay the undisputed part of the damage, and then you can:

  • Write a complaint to the insurance company itself addressed to the head of the MTPL payment department.
  • Write a complaint to the Russian Union of Auto Insurers (RUA) - the competence of this organization includes not only making compensation payments, but also considering complaints against the actions of insurers and protecting the rights of policyholders and victims related to compulsory insurance.
  • It is not uncommon that activity on the Internet, numerous reviews on forums and specialized websites can force representatives of the insurance company to take at least some measures to resolve controversial issues or speed up payment if it is delayed.

DSAGO

It is clear that the legalized and described above amount of insurance payment does not always cover the amount of actual damage. And if, as a result of your “efforts”, the car demolished a billboard and drove into a bus stop, you will have to pay extra from your own wallet for the amount exceeding the guarantees under compulsory motor liability insurance. In order to avoid this kind of risk, insurance companies offer to voluntarily expand the limit of their civil liability and obtain a DSAGO policy (often together with comprehensive insurance).

Court

Perhaps the most frequently asked question regarding compensation for damage under compulsory motor liability insurance is: what to do if the victim or his relatives do not agree with the amount of insurance compensation? The legislation answers this question very simply - if the victim and the insurance company cannot resolve the contradictions pre-trial, then their dispute is heard in court.

The injured party must contact the civil court (of the city or district where the MTPL agreement was concluded) with a statement and evidence of unlawful actions on the part of the insurance company (an independent assessment of property damage and documents from the insurance company). The court's decision will be binding on all parties to the dispute.

Examples of payments for various accidents

Example No. 1. Three cars were damaged in the accident and three pedestrians were injured. If we take into account that the payments will be maximum, we get the following calculation: 400 thousand rubles each. for damage to each car + three victims receive 500 thousand rubles. = 1 million 900 thousand rubles. It is worth understanding that the culprit of the accident, the owner of the MTPL policy, will not receive payment, since he insured his liability to others, but not his property. To receive compensation for damaged property, the person responsible for the accident had to be insured.

Example No. 2. Two cars were involved in an accident: the first suffered damage in the amount of 35 thousand rubles, and the second, which was driven by the person responsible for the accident, suffered 31 thousand rubles. When applying for payments, the victim learned that the insurance company insured under the compulsory motor vehicle liability insurance policy for the accident had gone bankrupt and its license had been revoked. What to do? Contact the Russian Union of Auto Insurers, which will make a compensation payment to the victim in the amount of 35 thousand rubles. The culprit of the accident will restore his car at his own expense.

Sravni.ru advice: If you are not yet a professional in driving, then it is better to purchase a policy. For a small amount, he increases payments under compulsory motor liability insurance several times.

How to get insurance after an accident - the main question if a motorist finds himself in such an unpleasant situation. In order to receive an insurance payment, you must complete all the actions provided for by the traffic rules and the rules of compulsory motor liability insurance.

How to get insurance under MTPL: first steps after an accident

So, an accident happened. How to get insurance after an accident and what to do first?

If there are no victims in the accident, drivers can independently draw up an accident diagram, arrive at the nearest traffic police station and register the incident. Remember: all documents that you receive from the police must be presented to the insurance company in copies and originals.

The traffic rules stipulate that if, as a result of an accident, damage was caused only to the property of citizens and their liability is insured, then they can do without police representatives and fill out a notification about the accident themselves. The main thing we pay attention to is that there should be no casualties in the accident, the circumstances of the accident should not cause disagreements among vehicle drivers, and the damage itself should not exceed 50,000 rubles. This is exactly the amount provided for by the law on compulsory motor liability insurance, and payments cannot exceed it if you file an accident without police officers.

In addition, each participant in an accident is obliged to provide other participants with information about the insurance company that insures his civil liability, the insurance policy number, telephone number and other contact information of the insurer. And of course, drivers must notify their insurance companies about the accident.

Preparation of MTPL documents in case of an accident for payment of insurance by the insurance company

If the parties have not agreed on the circumstances of the accident and do not want to draw up documents without the presence of the police, and the damage caused to property as a result of the accident is more than 50,000 rubles, then it is necessary to call the police and wait for them.

Upon registration documents OSAGO for insurance after an accident There are two possible scenarios:

  1. If the accident causes harm to the health of citizens(except for grievous harm), then the police officers take the following actions:
  • a protocol for examining the accident site is drawn up and a diagram of the accident is drawn up;
  • a ruling is made to initiate administrative proceedings against the perpetrator;
  • accident participants write explanations;
  • all participants in an accident, including injured persons, are issued certificates of the accident (see: Certificate of road accident in form 154: deadlines for issuance, sample filling, form ) .
  • If no harm was caused to the health of citizens:
    • an accident diagram is drawn up;
    • participants in the accident write explanations;
    • All drivers are issued a certificate of accident.

    If it turns out that the parties are not subject to administrative liability as a result of an accident, then a ruling is issued to refuse to initiate administrative proceedings. If there is administrative responsibility, then a resolution or ruling is issued to bring the person to justice. If it is not possible to determine the circumstances of the accident and the elements of the administrative offense on the spot, a decision is made to initiate a case on an administrative offense and conduct an appropriate investigation.

    In the event that a traffic police officer cannot draw up a certificate of an accident and hand it over to drivers for some reason (for example, due to unforeseen circumstances), he must do this at the nearest traffic police post or at the police station within 24 hours after the accident.

    Don't know your rights?

    Carefully read all documents that are given to you to sign! You have the right to disagree with the circumstances that the police officer stated in the documents. After all, when paying out insurance, every detail (even seemingly insignificant) will play a role.

    Pay attention, for example:

    • on the condition of the road surface at the accident site;
    • weather;
    • the condition of road equipment (in some cases it is important to note its presence/absence);
    • skid marks, etc.

    And finally, the last document that drivers involved in an accident must fill out is a notification of an accident.

    Insurance and payments in case of an accident - how are they paid and what is needed for this?

    Now let's figure it out How is insurance paid in case of an accident?.

    First, the victim and the culprit are required to notify their insurance companies about what happened immediately after the accident. Then, no later than 5 (if the accident is registered without police representatives) or 15 (in other cases) days, you must come to the insurer with notification of the accident. If it is not possible to bring the document in person, then you can, for example, transmit it by fax or send it by mail.

    The victim of an accident must submit a claim for benefits to the insurance company. If the victim's property is damaged, he must provide this property to the insurer for inspection and examination in order to determine the extent of the damage caused.

    The insurer must conduct an inspection/examination within 5 days after the victim writes a statement. If during the examination it is necessary to study the vehicle that was damaged, then it is necessary to contact the second participant in the accident.

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

    1. Notification of an accident (see: How to fill out a notification of an accident: sample filling, diagram, download the form?).
    2. Certificate of an accident (if the documents were prepared with the participation of a police officer).
    3. A copy of the administrative violation protocol.

    If the victim’s property was damaged, the following must be additionally submitted:

    • documents that confirm ownership of property;
    • conclusion of an independent examination on the harm caused;
    • receipts for payment for expert services;
    • other documents that can confirm damage to property.

    In addition, the insurance company is obliged to compensate for damage if the victim proves that harm was caused to his health. The main rule is documentary evidence of each requirement.

    For example, consider a situation where a person who is the only breadwinner in the family died as a result of an accident. In this case, you must submit to the insurance company:

    • a statement identifying all family members of the deceased;
    • death certificate;
    • certificates from schools and other educational institutions stating that the children of the deceased are studying there;
    • certificates stating that a family member of the deceased is disabled;
    • a conclusion from a medical organization or social authority that a family member requires care;
    • a certificate of expenses for the burial of the deceased;
    • birth certificates of children (if there are children).

    Results

    So, let us briefly remind you what to do and where to go after an accident:

    1. Call an ambulance (if harm was caused to the health of any of the participants in the incident).
    2. Call the police.
    3. Notify the insurance company.