Insurance cases under compulsory motor insurance are not accidents. Insured event under compulsory motor insurance

The car is damaged, but the insurance company says that compensation is not due? A common situation, but something like this should not be believed. After all, an insured event under compulsory motor liability insurance is not only a banal accident, but sometimes complicated situations that insurers always strive to interpret from their bell tower. Do you want to be able to figure this out on your own? The legal article below is waiting for you. The topic is complex, but I tried to explain it simply.

The definition of an insured event (ICA) is one of the main concepts. However, surprisingly, little attention is paid to it in legislative standards.

Here is a list of documents that indicate what SS is:

  • Federal Law No. 40“On compulsory civil liability insurance of vehicle owners” (dated 04/25/2002, as amended on 06/23/2016) (as amended and supplemented, entered into force on 09/01/2016), Art. 1, paragraph 11;
  • Federal Law№ 306 “On Amendments to Federal Law No. 40” (dated 12/01/2007, as amended on 07/21/2014), art. 1, item “b”;
  • Decree of the Government of the Russian Federation No. 263“On the rules of OSAGO” (dated May 7, 2003), section two;
  • Regulations of the Central Bank of the Russian Federation No. 431-P“About OSAGO” (dated September 19, 2014).

However, all these documents describe the insured event sparingly and are insufficient for a complete understanding of the subject not only by ordinary motorists, but even by insurers, auto lawyers and judicial authorities.

For example, in Law No. 40, and it is this normative act that is responsible for the terminology and definitions related to compulsory motor liability insurance, one small paragraph of 35 words is devoted to an explanation of the essence of the insurance policy (Article 1, paragraph 11).

In Federal Law No. 306, a whole section (the second) is allocated for SS, but the bulk of the text in it is occupied by the definition of insurance exclusions, and regarding the concept of SS there is nothing that could complement the provision from Federal Law No. 40.

What is an insured event under MTPL?

Well, since we can’t learn much from the laws, let’s try to understand the concept of SS on our own.

So, for the basic definition of an insured event, two main criteria are used, reflecting the essence of both SS and motor vehicle insurance as a whole.

  • Object of insurance is the civil liability of the guilty person for the damage caused;
  • Subject of insurance is the movement of a vehicle (vehicle) on certain roads and territories.

Based on this, an insured event is considered to be the fact of damage to a vehicle, other property, and (or) the victim(s) as a result of the movement of the culprit’s vehicle along the roads (or territories) provided for this purpose.

That is, to recognize a case as insured, a combination of the following factors is needed:

  • Fact of insurance motor vehicle liability (you have a valid MTPL policy);
  • Fact of movement Vehicle at the time of the incident;
  • Fact of damage in case of an incident.

Based on all of the above, it becomes clear that not every incident related to the use of motor vehicles can be recognized as an insured event.

Attention! Remember that OSAGO insures your motor third party liability to victims. To insure the car itself, CASCO registration is used.

What are the difficulties in determining an insured event?

We have understood the basic concept, but this does not mean that we have a complete understanding of the essence of the insured event. At first glance, it may seem that since the concept of CC is basic, its legislative interpretation should be as clear and unambiguous as possible.

In fact, the situation here is different.

Often, for a specific auto incident, its interpretation as an insured event can be problematic. Both insurance companies and insured attorneys, if agreement is not reached between the parties, can seek recognition or challenge of the fact of CC.

Moreover, there is still no comprehensive clarity here, which is why decisions on controversial incidents have to be made by the courts, whose decisions, like the opinions of lawyers, are far from complete consensus.

Let's try to figure out what we can on our own.

Why is the legislative definition of an insured event not exhaustive?

If we compare the generally accepted practice of compulsory motor liability insurance and what is written about the essence of the insured event in the relevant laws, an obvious understatement and even a contradiction will catch the eye.

Look: all IC recognize the fact of the attack of the SS if the moving vehicle caused damage. That is, if the at-fault car was not in motion at the time the damage was caused, then SS does not occur - and this is a generally accepted insurance practice.

What does the law say? According to the definition of Federal Law No. 40, SS (where it is called motor vehicle liability) occurs after an incident that causes harm (to health/life) or damage (to property) to the victims when using a vehicle.

Do you understand the essence of the contradiction? The wording “using a vehicle” can mean a wider range of incidents than with the clarification “while the vehicle is moving.” And as a consequence of this incident, in some courts the attack of the SS is interpreted more broadly and decisions are made, to which the IC then appeals.

What opinion can the courts have regarding insurance claims?

Yes, most courts, operating in an ordinary bureaucratic regime, make their decisions without deviating particularly from the traditional interpretation of the CC. However, there are courts where lawyers read and delve into the essence of existing legislation and their decisions cause a big headache for the UK.

Example? Please.

Take the classic case of damage caused by a car door being opened: two cars are parked close to each other. In one of them, the door suddenly opens, causing damage to the body of the neighboring car. The Investigative Committee flatly refuses to recognize this as the SS, but there are many motorists who have achieved this recognition in court.

Based on the above-mentioned incident with the movement/use of a car, some lawyers and judges reasonably attribute a door set in motion to a type of process of moving a vehicle and its use. After all, a car door is an integral part of a vehicle and setting it in motion means that it was produced by the entire machine, since it is a mechanism of complex design.

Some courts act more simply, considering claims in controversial cases under compulsory motor liability insurance with damage in an accident, without the use of legal casuistry. The decision is made based on the fact that a traffic accident certificate was issued by a traffic police inspector: there is such a document, the CC is confirmed - no, that means no.

How do recourse and subrogation affect an insured event?

In the insurance business there are such concepts as recourse (reverse claim) and. I will tell you more about them in a separate article, but here I will touch on their influence on the SS.

The fact is that the payment of compensation to the injured party is not directly dependent on the fact of the occurrence of the accident. Or rather, from his recognition of the IC as such. Indeed, in the rules of compulsory motor liability insurance there are rules according to which, in case of insurance, the right to compensation at the expense of the insurer is lost or does not occur at all (for example, a notification about an accident was not submitted, the deadline for filing was missed, the form was filled out incorrectly, etc.).

Then the payments are still made, but the final financial defendant becomes the culprit of the accident, from whom the insurance company, through recourse or subrogation mechanisms, recovers the amount paid to the injured party.

That is, for injured persons, requests for compensation can be satisfied when the Investigative Committee has refused or canceled financial responsibility for the culprit. Even the complete absence of an insurance policy on the part of the guilty party is not a basis for refusal of payments if the insurance policy is recognized by the company - the main thing is that the other party has compulsory motor liability insurance.

When do insurers not recognize insurance claims?

Section two of the “OSAGO Rules” (clauses 8 and 9, which includes many subclauses) lists types of damage that are not recognized as insured events. Let's see what it includes.

Provisions of paragraph 8 of the “OSAGO Rules”

According to paragraph 8, in certain situations, the insurance company refuses to compensate for the damage caused, even if it has all the particular characteristics of an insured event.

That is, this clause provides for the legal refusal of insurance compensation, regardless of the presence of the fact of insurance coverage, points of recourse, subrogation, etc. - they simply refuse and that’s it.

All of these situations (with the exception of one provision) are of an emergency nature. Here is their list:

  • Force majeure circumstances– these are mainly natural disasters, but this may also include some types of accidents (subparagraph (paragraph) “a”);
  • Radiation hazard– this includes not only radioactive contamination, but also all damage from possible associated causes: damage to the car’s electrical system by an electromagnetic pulse, ignition from primary radiation, mechanical damage from the action of a blast wave. In general, all damage to a vehicle and people during a nuclear attack or radioactive accident are not paid by the insurance company (clause “b”);
  • War– in case of any type of conflict classified as military (patriotic or civil war), damage to cars and people of the insurance company is not paid (paragraphs “c”, “d”);
  • Popular unrest– this includes all conflicts that are not classified as military: counter-terrorist operations, uprisings, revolutions, strikes, strikes, etc. The insurance company does not compensate for damage to people and vehicles in these cases (paragraph “d”);
  • Intentional or responsible harm– damage due to the intent of the victim and the person responsible for the damage is not paid (clause “a” and clause 8.1).

Provisions of paragraph 9 of the “OSAGO Rules”

The ninth paragraph contains situations in which the incident will not be counted as an insured event. That is, something that is not a CC, although for some items a compromise settlement of the payment issue is possible.

So, here is a list of non-insurable events according to the legislative version:

  • Not specified in the MTPL policy– if the car that caused the damage is not indicated in the insurance policy of the culprit driver, then he pays compensation from his own pocket (clause “a”);
  • Moral damage– under compulsory motor liability insurance, moral suffering is not compensated. What to do if they exist? Go to court - such payments are possible there (paragraph “b”);
  • Lost profit– under compulsory motor liability insurance, lost profits are not compensated, but they can be claimed in court if such a fact can be verified and an accurate calculation can be made based on it (paragraph “b”);
  • Training riding, tests and competitions– Insurance companies do not pay for damage caused in the listed cases, since there is a high risk coefficient, which, if desired, can be insured under other insurance programs (clause “c”);
  • Environmental harm– damage to the environment is not compensated under compulsory motor liability insurance. This is an example of a legislative flaw, since damage to green spaces, for example, clearly relates to compensable damage (paragraph “e”);
  • Damage from transported goods– for this, there are special forms of insurance, depending on what documents about the level of danger the transported cargo has (paragraph “e”);
  • Damage to health/life of official personnel during working hours– in this case, all compensation costs are borne by the employer of the victims or payments are made through social/medical insurance (clause “f”);
  • Loss to the employer due to harm to its employees– all this is also reimbursed by other types of insurance (clause “g”);
  • Damage caused to the vehicle (as well as cargo) by its driver– according to compulsory motor liability insurance, the same person cannot be the culprit and the victim (clause “h”);
  • Unloading and loading works– damage during loading and unloading of a vehicle is not paid under compulsory motor liability insurance (clauses “and”);
  • Damage to items of high or intangible value– OSAGO does not pay for damage from damage to movable or immovable items of high value (historical buildings, jewelry, antiques, banknotes, securities, works of art, intellectual property, religious worship, etc.) (paragraph “l”);
  • Damage exceeding the limit specified in the contract– all expenses for compensation for harm and damage above the insurance limit are paid to the victim by the culprit. Limits may be increased (paragraphs “m”);
  • Damage to health/life of passengers– if the vehicle was officially used for passenger transportation, for which special insurance is provided (paragraph “n”);

This concludes the list of insurance exclusions, although only the main reasons are indicated here, since it is impossible to compile a complete list that takes into account the characteristics of all possible situations.

In the next article I will talk about what constitutes insurance claims.

  • When a vehicle is stolen payments under compulsory motor liability insurance are not made, because after the theft the fact that the car is being driven by the legal owner disappears, keep this in mind. You can insure yourself against theft using other programs.
  • In case of a disputed insurance event, if you are insured by a large company (Rosgosstrakh, Ingosstrakh, Renaissance, Reso, etc.) and intend to fight it, be very careful in collecting and processing all documents, since serious insurers have a special legal staff to dispute claims . Sometimes a minor mistake is enough to delay the consideration of a case for a long time or to lose it.
  • Expired diagnostic card may become a reason for canceling the fact of an insured event for cargo and passenger vehicles, please keep this in mind.

Conclusion

So, from the article you understand that an insured event under compulsory motor liability insurance occurs when damage is caused by moving vehicles in designated places, if everything is in order with the motor vehicle contract. Well, remember that even clearly losing disputes can be successfully argued in your favor in court.

What can I ask you to tell me about the insured event? Uh... tell us about your unusual insurance cases)) Please also write questions on the topic in the comments.

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They have restrictions; the amount of compensation for damage almost always falls within the prescribed limit.

The maximum compensation for losses is 400,000 rubles. If , insurers pay compensation to both, depending on the degree of guilt. If the parties disagree, the court determines the level of responsibility and, accordingly, the amount of payments.

Important points:

  • If cars are damaged as a result of the incident, and each driver has a valid policy, a claim for compensation is submitted to their insurer.
  • If people are injured, a claim is submitted to the insurer of the culprit.
  • If the insurance company is deprived of its license, payments are received by the RSA.

Rules of conduct in case of an accident

If you get into an accident, the main thing is not to panic and act as follows:

  1. Do not move vehicles, turn on the hazard lights and do not touch objects related to the accident. Neglecting the rules will lead to unpleasant consequences: for example, a fine for the absence of an emergency sign (Article 12.27 of the Code of Administrative Offenses of the Russian Federation).
  2. Make sure that there are no injuries, and if someone is injured, provide first aid and call an ambulance. In cases of urgent need, you need to take the victim to the nearest hospital and then return to the scene of the incident.
  3. The road must be cleared so that other vehicles can continue driving. Organize a detour and, in front of witnesses, record all traces of the accident and the position of the cars. Modern video cameras and phones allow you to take pictures of braking marks, all damage to the vehicle, the scene of the accident, etc.
  4. Call the traffic police and wait for their arrival, monitoring the situation at the scene of the accident. If there are witnesses, their data is collected.
  5. Necessarily ( ?). The telephone number is usually placed in the upper left corner of the policy on a stamp (on a special embossed sign). Company employees can also help call all necessary services (police, medical assistance). They immediately give advice on priority actions, register an insured event, accept an application for the arrival of an emergency commissioner and call a tow truck, if necessary.

You will find more information about what to do and where to go after an accident under compulsory motor liability insurance, and information has been collected on what to do if an insured event occurs under compulsory motor liability insurance.

Registration procedure

The procedure for compensation for damage to health in an accident under compulsory motor liability insurance is described in.

You can issue documents without police officers in the following situations:

  1. The accident only caused damage to property.
  2. Two vehicles are involved in an accident, and both owners have valid MTPL policies in accordance with the Federal Law “On Compulsory Civil Liability Insurance of Vehicle Owners” (we talked about what to do if the victim in an accident does not have MTPL insurance, and in it is said that if the culprit does not have a policy).
  3. Car owners have no disagreement in determining the cause of the incident, the amount of damage and the amount of compensation. All information is recorded in notices filled out by drivers on site. The notice indicates the circumstances of the incident, its diagram, the entire list of visible damage, and then puts a signature.

This registration method allows the victim to receive no more than 25,000 rubles in compensation from the insurer. In addition, the car owner has no right to present any additional demands to the insurance company in such a situation. But, if the consequences of harm caused to the driver’s health during an accident appeared later, then the victim has the right to submit an application to the culprit’s insurer for compensation.

If, when issued without the participation of police officers, discrepancies or contradictions are found in the notices, the insurance organization appoints an examination to clarify the circumstances and damages.

Registration with police officers occurs in such cases:

  1. There are disagreements between the participants regarding the causes and visible damage.
  2. One of the drivers refuses to sign the accident notice.
  3. Losses due to the accident exceed the amount of 25,000 rubles.

The figure schematically shows the roadway, the location of the cars, and all the details and objects related to the accident. Photos should be taken no later than an hour after the incident.

Important! You cannot agree to the wording “minor damage to property”, because the payment will be underestimated, and it will be difficult to hold the culprit accountable. You must be careful and do not sign documents without a diagram or with free lines. Later, there may be entries that do not correspond to the collected evidence.

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Culprit

The culprits are often drivers who have no driving experience. Therefore, during an incident, they become confused or panic. Since the fact of guilt can only be proven through court, there is no need to sign dubious documents at the scene of the accident. It is better to formalize everything in the presence of an employee of the insurance company.

We talked about how to receive payments under compulsory motor liability insurance if the culprit fled the scene of an accident or was not identified.

Entering at checkout

  • policy;
  • vehicle registration document;
  • certificate of accident from traffic police officers.

You will find information about writing an application for an insured event under MTPL and information about other necessary documents, and the procedure for the culprit and the victim to receive payments under MTPL is described.

Special cases

The car cannot be restored

A car is considered lost if it is impossible or the cost of restoration work is equal to the price of the vehicle at the time of the accident (clause 18, article 12 of the Federal Law “On Compulsory Motor Liability Insurance”). The fact that the car was destroyed is determined by the expert conducting the inspection. He takes into account the cost of all damaged spare parts, and then compares it with the average market price of a given car brand.

Only the victim receives compensation for the loss of a vehicle.. In such a case, the culprit will be left with nothing. The payment is the price of the car at the time of the accident within the insurance limit. But if the full cost is paid, the insurance company has the right to take the wrecked vehicle for itself (Article 1102 of the Civil Code of the Russian Federation). The car is given to the insurer after receiving compensation.

Article 1102 of the Civil Code of the Russian Federation. Obligation to return unjust enrichment

  1. A person who, without the grounds established by law, other legal acts or transaction, acquired or saved property (acquirer) at the expense of another person (victim), is obliged to return to the latter the unjustly acquired or saved property (unjust enrichment), except for the cases provided for in Article 1109 of this Code .
  2. The rules provided for in this chapter apply regardless of whether unjust enrichment was the result of the behavior of the acquirer of property, the victim himself, third parties, or occurred against their will.

In case of a traffic accident with a pedestrian

An accident involving a pedestrian also falls under the scope of liability of MTPL insurance. The policy guarantees that damages will be compensated to each victim in an accident. The insurer of the driver at fault is required to pay medical expenses or lost wages. If a pedestrian is found to be at fault, he has no right to claim compensation.

If serious harm to health is caused, criminal prosecution is provided. If the victim is seriously injured and cannot come to the Investigative Committee’s office, his relatives provide documents to process and receive compensation. You will also need to provide an extract from your medical card and receipts for medications.

According to the rules of compulsory motor liability insurance, the amount of money for causing harm to human health and life should not exceed 500,000 rubles. If this amount is insufficient, you can demand the necessary funds by going to court.

If a driver has the misfortune of being involved in an accident, it will be extremely important to behave correctly when reporting the incident. After providing assistance to victims, you must immediately contact representatives of your insurance company. They are obliged to help and advise the driver on further actions.

If during the proceedings questions arise related to an insured event, there is an automobile help desk in which experienced consultants answer questions from drivers around the clock. If the cars were badly damaged and the insurer has the opportunity to get a refund, you need to go through the full registration process.

If there are no injuries as a result of the accident
  1. If you are not going to apply for payment of insurance compensation under CASCO in case of an accident, and also, together with other participants in the incident, decided not to apply to the insurance company for payment of insurance compensation under OSAGO, then you can leave the scene of the accident without notifying the traffic police and filling out any documents.
  2. If you have no disagreements regarding the circumstances of the accident and the damage to the vehicle (vehicle) with other participants in the accident, then you can leave the scene of the accident and register it at the nearest traffic police post or police department, having previously recorded, including by means of photography or video recording, the position vehicles in relation to each other and road infrastructure, traces and objects related to the incident, damage to vehicles. Moreover, if the accident involved 2 vehicles (including vehicles with trailers), the owners of which have a compulsory motor liability insurance policy, and the damage was caused only by this vehicle, then you can draw up documents about the accident without the participation of police officers by filling out an accident notification form.
  3. If you have disagreements with other participants in an accident regarding the circumstances of the accident, the nature and list of visible damage to the vehicle, then write down the names and addresses of eyewitnesses to the accident, call the traffic police and act in accordance with the instructions of the police officer. If you receive instructions from a police officer to fill out documents about an accident at the nearest traffic police post or police department, record, including by means of photography or video recording, the position of the vehicles in relation to each other and road infrastructure, traces and objects related to the incident, damage to vehicles.
  4. Fill out the road accident notification form that is attached to the MTPL policy (the form contains instructions for filling it out).
  5. It is necessary to obtain a certificate of an accident from the traffic police officers (if the registration of the fact of the accident was carried out by the traffic police officers) together with other participants in the accident.
If there are injuries as a result of an accident
  1. Set up a warning triangle and turn on your hazard lights.
  2. Provide first aid to victims.
  3. Call an ambulance and the police and wait for the traffic police to arrive at the scene of the incident to document it.
  4. Write down the names and addresses of eyewitnesses to the accident.
  5. Do not remove the car or touch anything at the scene of the accident until the traffic police arrive to preserve the original picture of the event.
  6. Fill out the road accident notification form that is attached to the MTPL policy (the form contains instructions for filling out) together with other participants in the road accident.
  7. Upon arrival, traffic police officers must obtain a certificate of the accident and an appendix to it indicating the presence of victims.
  8. Keep the damaged vehicle until it is inspected by a representative of the insurer.

Application procedure and list of documents

Procedure for applying under the MTPL policy

If in an accident:

  1. Only the vehicles involved in the accident were damaged.
  2. Two or more vehicles were involved (accident since September 26, 2017) / two vehicles (accident before September 26, 2017).
  3. No people were injured, only vehicles were damaged

You are a victim of an accident

  • Notify the insurance company of the occurrence of an insured event.
  • Contact to your insurance company for direct compensation of losses within 5 working days with a set of documents provided for by the MTPL Rules.

You are the culprit of the accident

Report the victim's series and your policy number OSAGO and remind him that he should contact his insurance company for direct compensation of losses.

In other cases, the victim must contact the insurer of the harm causer (when more than two vehicles were involved in the accident and damage was caused to life or health or to property other than the vehicle).

List of documents in case of damage to property, including a car

  1. Document, identification document recipient of insurance compensation (passport).
    • If recipient - foreign citizen, then a notarized translation or a translation of the foreign citizen’s passport certified by the embassy is required.
  2. If you contact not the owner of the vehicle, That
    • if the vehicle belongs to an individual, it is necessary to submit a notarized power of attorney or a handwritten power of attorney with the right to represent the interests of the owner in Rosgosstrakh;
    • if the vehicle belongs to a legal entity - a power of attorney certified by the signature of the general director and the seal of the owner organization. A handwritten power of attorney for the right to represent interests in an insurance company is not required if a waybill (route sheet, etc.) at the time of the event or a power of attorney for the right to drive a vehicle has been issued and submitted to the Applicant.
  3. Documents confirming ownership victim or other person for damaged property (for example, the original vehicle registration certificate (VTC) or the original PTS) and right to receive insurance payment in case of damage to property owned by another person. If the vehicle is leased/rented - a corresponding agreement.
  4. Documents from competent authorities:
    Documents drawn up by a traffic police officer (protocol, resolution, determination), which must contain the following information::
  5. Protocol on an administrative offense + resolution on an administrative offense (if drawn up).
  6. Notification of an accident.
  7. Determination of refusal to initiate proceedings regarding an administrative offense (if drawn up).
  8. Recipient details if the selected reimbursement option is payment based on calculation.
  9. Notarized power of attorney indicating the transfer of the right to receive insurance compensation (if the recipient of compensation is not the owner of the vehicle, and the owner of the vehicle is an individual).

Conditions for applying without certificates

  1. The amount of damage does not exceed 50,000 rubles if the accident occurred before June 2, 2018 and 100,000 rubles if the accident occurred on June 2, 2018. or later. If the amount of damage exceeds the established limit, then an appeal is possible, but payment will be limited to the specified amount.
  2. Amount of damage for road accidents that occurred before October 1, 2019. in the territories of federal cities of Moscow, St. Petersburg, Moscow and Leningrad regions, and the circumstances of which were recorded using the RSA mobile application “Road accidents. Europrotocol” does not exceed 400 thousand rubles (if it exceeds, then an appeal is possible, but the payment will be limited to the specified amount).
  3. Amount of damage for road accidents that occurred on October 1, 2019. and later on the territory of the Russian Federation, and the circumstances of which were recorded using the RSA mobile application “Road Accident. Europrotocol” does not exceed 400 thousand rubles (if it exceeds, then an appeal is possible, but the payment will be limited to the specified amount).
  4. The accident occurred as a result of the interaction (collision) of two vehicles.
  5. As a result of the accident, no damage was caused to life, health or other property other than the vehicle.
  6. Both participants in the accident are insured under MTPL.
  7. It is clearly defined who is at fault and who is the victim in an accident.
  8. The circumstances of the harm and the list of visible damage to the vehicle do not cause disagreement among the participants in the accident and are recorded in the accident notifications.
  9. If the culprit and the victim have not been identified, or there are disagreements regarding the circumstances of the harm and the list of damages (i.e., the conditions specified in clauses 6 and 7 are not met), then the participants in the accident must use the RSA mobile application “Road Accident. Europrotocol" to record the circumstances of the event. Mobile application “Road accident. Europrotocol" is available for download on Google Play and App Store.

Additional documents for applying under the Europrotocol

  1. An accident notification form filled out by both drivers of the vehicles involved in the accident.
  2. Photo and/or video materials of vehicles and their damage from the scene of an accident, as well as data recorded using the RSA mobile application “Road Accident. Europrotocol".
  3. When applying under the Euro Protocol, the culprit, at the request of the Insurer, is obliged to provide the vehicle for inspection to the insurer. Also, each participant in an accident is required to send a completed Road Accident Notice to his insurer.
List of documents in case of harm to life and health
  1. General documents:
    • Document, identification document recipient of insurance compensation (passport).
    • power of attorney for the right to represent the interests of the Victim in the insurance company (for individuals - a power of attorney certified by a notary, or a handwritten power of attorney, subject to execution in the presence of a representative of the insurance company).
  2. Consent of the guardianship and trusteeship authorities, if the payment of insurance compensation will be made to the legal representative of a person (injured beneficiary) under the age of 18 years.
  3. Documents competent authorities:
      • date, time and place of the event, date of document preparation;
      • description of the circumstances of the incident, number of participants;
      • Full names of the drivers of the culprit(s) and victims of the accident, or information about the absence of drivers in the vehicle at the time of the accident, full names of the owners of the vehicle;
      • make, model, state reg. the vehicle number of the participants, as well as the damage they received and damage caused to other property;
      • series and number of the MTPL policy of the culprit(s), the victim, the name of the insurance company where their liability is insured or a note about its absence;
      • violation of the traffic rules clause or art. by the participants of the declared event. Code of Administrative Offenses or information about the absence of traffic violations;
      • the name of the traffic police officer who indicated all of the above information or the number of his badge (in the notice or documents of the traffic police).
    • notification of an accident.
    • administrative violation protocol,
      or resolution in a case of an administrative offense,
      or ruling on refusal to initiate proceedings regarding an administrative offense,
      or determination to initiate a case of an administrative offense,
      or when investigating an event in accordance with the Legislation of the Russian Federation - a resolution (definition) of the investigative authorities, a decision (definition) or a court verdict.

The contract of the person responsible for the accident was concluded after 04/01/2015 (inclusive)

  • Medical documents indicating the nature of the injuries and injuries received by the victim, diagnosis and period of incapacity from the medical organization to which the Victim was delivered or applied independently.
  • If a disability group or “disabled child” category has been established: a certificate from a medical and social examination establishing the disability group (category).

When causing harm to life

If the deceased at the time of the accident had and had the right to receive maintenance from him (the criteria for classifying persons as dependents are the incapacity for work and the dependent condition of the victim):

  • If the Deceased was dependent on a minor child under 14 years of age: birth certificate.
  • If the deceased was dependent on a minor child aged 14 to 18 years: birth certificate, passport of a citizen of the Russian Federation.
  • If the deceased was dependent on a child under the age of 23 studying full-time (full-time) education: birth certificate, passport of a citizen of the Russian Federation, certificate from an educational institution about full-time (full-time) education.
  • If the deceased was dependent on a non-working spouse caring for a minor child under 14 years of age: birth certificate, marriage certificate, certificate from the place of work, if caring for a child under 3 years of age, certificate from the employment service about unemployment, or if the spouse is not registered with the labor exchange, a certificate from the pension fund or tax office about the absence of contributions, if caring for a child over 3 years of age.
  • In other cases, to confirm the fact of being a dependent, it is necessary to provide a court decision or documents from the social security authorities.

If the deceased had no dependents at the time of the accident, payment can be made relatives of the deceased: spouse, parents and children of the deceased or citizens who depended on the victim:

  • When submitting a claim for payment by a spouse: marriage certificate.
  • when making a claim for payment by children or parents: birth certificate
  • when making a claim for payment by the breadwinners of the Deceased: a court decision or documents from the social security authorities stating that the Deceased was dependent and did not work
  • documents confirming funeral expenses - receipts, cash and sales receipts, work orders for the provision of work and services, acceptance certificates for work and services.
The agreement of the person responsible for the accident was concluded until March 31, 2015 (inclusive)

In case of harm to health

  • Medical documents indicating the nature of the injuries and injuries received by the victim, diagnosis and period of incapacity from the medical organization to which the victim was delivered or applied independently.

If installed disability group or category “disabled child”:

  • certificate from a medical and social examination establishing the group (category) of disability.

If expenses are incurred for treatment and purchase of medicines, to which the victim is not entitled to receive free of charge within the framework of the Program of State Guarantees for the provision of free medical care to citizens of the Russian Federation:

  • extract from the medical history from the medical institution,
  • payment documents confirming payment for the services of a medical institution (for example, receipts, cash and sales receipts, work orders for the provision of work and services, acceptance certificates for work and services),
  • payment documents confirming payment for purchased drugs (for example, receipts, cash and sales receipts, work orders for the provision of work and services, acceptance certificates for work and services).

If lost earnings(income):

  • certificates of incapacity for work for all periods of incapacity for work, or another document confirming temporary incapacity for work in accordance with the legislation of the Russian Federation (sheet of exemption from official duties for employees of the Ministry of Internal Affairs and military personnel, certificate in form No. 095u certifying the temporary incapacity for work of a student, pupil, child),
  • medical examination report on the degree of loss of professional or general ability to work (if any),
  • a certificate of average monthly earnings (income), scholarships, pensions, benefits that the victim had for the 12 months preceding the accident.

If expenses are incurred for extra food:

  • conclusion of a medical commission indicating the diagnosis and the period during which the victim needed additional nutrition,
  • a certificate from a medical organization about the composition of the daily food package of additional food required for the victim,
  • payment documents confirming payment for purchased products from the supplementary food set (for example, receipts, cash and sales receipts, work orders for the provision of work and services, acceptance certificates for work and services).

If expenses are incurred for dental prosthetics (orthotics):

  • dental patient card,
  • certificate of work performed from the dental clinic,

If expenses are incurred for prosthetics (orthotics) of body parts or organs:

  • medical report on the need for prosthetics (orthotics) indicating the diagnosis,
  • payment documents confirming payment for prosthetics (orthotics) services (for example, receipts, cash and sales receipts, work orders for the provision of work and services, acceptance certificates for work and services).

If expenses are incurred for outside care:

  • conclusion of a medical commission on the need for outside care, indicating the diagnosis and the period during which the victim needed outside care,
  • payment documents confirming payment for care services (for example, receipts, cash and sales receipts, work orders for the provision of work and services, acceptance certificates for work and services).

If expenses are incurred for spa treatment:

  • a conclusion from a medical commission on the need for sanatorium-resort treatment indicating the diagnosis, or a certificate for obtaining a voucher for sanatorium-resort treatment, form 070/u,
  • an extract from the medical history issued by the institution where the spa treatment was carried out,
  • a sanatorium-resort voucher or a tear-off coupon for a sanatorium-resort voucher,
  • payment documents confirming payment for a trip to a sanatorium-resort treatment (for example, receipts, cash and sales receipts, work orders for the provision of work and services, acceptance certificates for work and services).

If purchasing costs are incurred special vehicles:

  • conclusion of a medical commission on the need to purchase special vehicles indicating the diagnosis,
  • PTS or certificate of registration of the vehicle,
  • contract for the sale and purchase of a special vehicle,
  • payment documents confirming payment for services for the purchase of special vehicles (for example, receipts, cash and sales receipts, work orders for the provision of work and services, acceptance certificates for work and services).

If expenses are incurred to prepare for another profession:

  • conclusion of a medical commission on the need to prepare for another profession (retraining) indicating the diagnosis,
  • agreement with an organization providing vocational training (retraining),
  • payment documents confirming payment for vocational training (retraining) services (for example, receipts, cash and sales receipts, work orders for the provision of work and services, acceptance certificates for work and services).

If expenses are incurred for medical rehabilitation and other expenses caused by damage to health:

  • documents confirming the need to receive relevant services or items,
  • payment documents confirming payment for services of such expenses (for example, receipts, cash and sales receipts, work orders for the provision of work and services, acceptance certificates for work and services).

When causing harm to life

  • Death certificate from the registry office.
  • Documents confirming funeral expenses (receipts, cash and sales receipts, work orders for the provision of work and services, acceptance certificates for work and services.

If the deceased at the time of the accident had dependent persons and having the right to receive maintenance from him (the criteria for classifying persons as dependents are the disability and dependent condition of the Victim):

  • if the deceased was dependent on a minor child under the age of 14: birth certificate;
  • if the deceased was dependent on a minor child aged 14 to 18 years: birth certificate, passport of a citizen of the Russian Federation;
  • if the deceased was dependent on a child under the age of 23 studying full-time (full-time) education: birth certificate, passport of a citizen of the Russian Federation, certificate from an educational institution about full-time (full-time) education;
  • if the deceased was dependent on a non-working spouse caring for a minor child under 14 years of age: birth certificate, marriage certificate, certificate from place of work, if caring for a child under 3 years of age, certificate from employment service about unemployment, or if the spouse is not registered with the labor exchange, a certificate from the pension fund or tax office about the absence of contributions, if caring for a child over 3 years of age;
  • in other cases, to confirm the fact of being a dependent, it is necessary to provide a court decision or documents from the social security authorities.
The procedure for applying for a CASCO policy in case of an accident

Accidents and damage

To receive insurance compensation for CASCO in case of an accident, contact the Unified Contact Center of the Rosgosstrakh company by calling 0530 or 8-800-200-0-900 for advice and identifying an office to submit an application for payment. When submitting an application, you must also submit the following set of documents:

  • a written statement in the established form detailing all the circumstances of the incident known to you (to be filled out at the Rosgosstrakh company division);
  • CASCO policy/agreement;
  • Documents drawn up by a traffic police officer (protocol, resolution, determination), which must contain the following information:
    • Information about the location of the accident;
    • Date and time of the accident;
    • Circumstances of the event (description of the order of movement of the vehicles involved in the accident);
    • Full name, registration address of the person driving the insured vehicle (if it was in motion). If the vehicle was not in motion, a record of this. Full surname and initials;
    • Full name of the person(s) responsible for causing the damage and their registered address. If the persons are not identified, then a record of this fact;
    • List of damage caused to vehicles involved in an accident or other property;
    • Makes and models of vehicles involved in road accidents. The make and model number (or VIN) of the vehicle is enough.
  • a copy of the Protocol on an administrative offense + a copy of the Resolution on an administrative offense, certified by the signature of the employee who compiled them (if the documents were drawn up);
  • a copy of the determination to initiate or refuse to initiate a case of an administrative offense, certified by the signature of the employee who compiled it (if the document was drawn up);
  • in the case of a medical examination - its results;
  • driver's license of the person driving the vehicle at the time of the accident;
  • vehicle registration certificate (or PTS);
  • a handwritten power of attorney for the right to represent interests in the insurance company, if the applicant is not the owner or he is not indicated in the CASCO policy as a person admitted to management (in this case, the owner of the vehicle is an individual);
  • a notarized power of attorney indicating the transfer of the right to receive insurance compensation (if the recipient of the compensation is not the owner of the vehicle, and the owner of the vehicle is an individual);
  • power of attorney for the right to conduct business in an insurance company, certified by the seal of the organization (if the owner is a legal entity).
  • You cannot sign blank document forms! Information about witnesses to an accident must be included in the protocol.
  • If you do not agree with the determination of the fact of violation of the Traffic Rules or with the amount of the fine imposed, the inspector is obliged to draw up a “Protocol on an Administrative Offence”. If, when drawing up the Protocol, you are immediately found guilty, do not refuse to sign this Protocol.
  • If you do not agree with the information contained in it, write down your opinion on this matter in a special column. In the Protocol, cross out the word “violator” and write “driver”, and also add “I do not consider myself to be at fault for the accident.”

The accident did not cause serious consequences

In this case, the following documents are drawn up:

  • Protocol on an administrative offense or a Determination on initiating a case on an administrative offense;
  • Resolution in a case of an administrative offense or a ruling on refusal to initiate a case of an administrative offense.
  • road accident diagram;
  • description of mechanical damage to the vehicle;
  • explanations of participants and eyewitnesses of the accident.

The accident caused serious consequences

In the event of severe or moderate bodily injury, loss of life, as well as in the event of major material damage, the following documents are drawn up:

  • a protocol on an administrative offense or a ruling on the initiation of a case on an administrative offense;
  • protocol for inspection and verification of the technical condition of the vehicle;
  • road accident diagram (done on graph paper);
  • act of medical examination for drug or alcohol intoxication of participants in an accident;
  • explanatory notes from drivers involved in the accident and eyewitness accounts.

The list of service stations where repairs under compulsory motor vehicle liability insurance are possible is available.

What to choose in case of an accident: comprehensive insurance or compulsory motor liability insurance

Choose insurance based on your needs.

OSAGO CASCO "Rosgosstrakh"
Maximum payout 400,000 rub. for damage to property,
500,000 rub. for harm to health
according to your agreement
Refund Form money/direction for repairs payment of bills/referral for repairs
Application settlement period 20 calendar days (excluding non-working holidays) 20 working days
Restrictions on circulation the culprit of the accident does not receive compensation for damage according to your agreement
OSAGO calculator CASCO calculator

What to do if your car is stolen

  1. Immediately report the vehicle theft to the police by calling 02 (from a landline number) or (from a mobile phone);
  2. If the vehicle is equipped with a search and detection system, immediately activate this system;
  3. Immediately, no later than one business day, notify Rosgosstrakh about the event and coordinate your further actions by calling the company's 24-hour Unified Contact Center at:
  4. Immediately submit a written application to the territorial department of internal affairs at the place where the vehicle was stolen/theft;
  5. Within 3 working days, submit a written statement about the event to Rosgosstrakh and provide the necessary documents.

  • vehicle registration certificate;
  • passport (military ID, foreign passport of a citizen of the Russian Federation or other document identifying the applicant in accordance with the legislation of the Russian Federation);
  • waybill for the last individual who drove the vehicle (if the Policyholder is a legal entity);
  • complete sets of original keys for the stolen vehicle;
  • complete sets of control panels, key fobs, cards - active and passive activators of all electronic and electronic-mechanical anti-theft systems, all keys to mechanical anti-theft devices equipped with the insured car;
  • if any documents/keys were added to the materials of the criminal case regarding the theft of a vehicle, it is necessary to submit a document confirming the seizure of the keys/documents from the competent authorities;
  • resolution to initiate a criminal case regarding the theft of an insured vehicle (its certified copy);
  • details of the recipient of the insurance compensation.

Procedure in case of vehicle fire

  1. Immediately report the event to the state fire service by calling 01 or (from a mobile phone).
  2. Immediately submit a written application to the territorial department of internal affairs at the place where the vehicle was damaged.
  3. Within 5 working days, submit a written statement about the event and the necessary documents to Rosgosstrakh, and also present the vehicle for inspection.

Required documents for application

  • a written statement in the prescribed form detailing all the circumstances of the incident known to you;
  • voluntary vehicle insurance policy/agreement;
  • PTS / vehicle registration certificate;
  • passport (military ID, foreign passport of a citizen of the Russian Federation or other document identifying the applicant in accordance with the legislation of the Russian Federation);
  • expert opinion from the state fire service indicating the make, model, state registration plate of the car, VIN number, list of damages, date and location of the incident, cause of the fire;
  • resolution to initiate or refuse to initiate a criminal case;
  • a handwritten power of attorney for the right to represent interests in the insurance company, if you are not the owner or are not included in the insurance policy as a person admitted to management (the owner of the vehicle is an individual);
  • a notarized power of attorney indicating the transfer of the right to receive insurance compensation (if you will receive compensation and are not the owner of the vehicle, the owner of the vehicle is an individual);
  • power of attorney for the right to conduct business in the insurance company, certified by the seal of the organization (if the owner is a legal entity).

A complete list of documents is contained in the current ones. The specified list may be shortened/expanded by the Insurer depending on the amount of damage caused.

Procedure in case of damage to a vehicle as a result of a natural disaster

  1. Immediately report to the territorial department of internal affairs, the territorial department of the Ministry of Emergency Situations or the district administration to receive a certificate confirming the fact of damage to the vehicle as a result of this natural disaster, indicating the make, model, state registration plate of the car, list of damage, date and location of the incident *;
  2. Report the event to the government agency that supervises and controls the state of the environment (for example, the Hydrometeorological Center or the Ministry of Emergency Situations) to receive a certificate confirming the fact of a natural disaster. The certificate must contain the name of the specific area (territory) of the incident, the time interval and a clearly stated nature of the natural disaster that occurred (speed, wind force, quantity and quality of precipitation, etc.)*;
  3. Immediately, no later than 1 business day, notify Rosgosstrakh about an event that has signs of insurance, and coordinate your further actions by calling the 24-hour Unified Contact Center of the Rosgosstrakh company:

*it is possible to provide one certificate if it contains all the listed information about the fact of a natural disaster and damage to the vehicle.

Required documents for application

  • a written statement in the prescribed form detailing all the circumstances of the incident known to you;
  • voluntary vehicle insurance policy/agreement;
  • passport (military ID, foreign passport of a citizen of the Russian Federation or other document identifying the applicant in accordance with the legislation of the Russian Federation);
  • a certificate from the state body exercising supervision and control over the state of the environment confirming the fact of a natural disaster, which must indicate the cause and date of the event;
  • a certificate from the territorial department of internal affairs, the territorial department of the Ministry of Emergency Situations or the district administration confirming the fact of damage to the vehicle as a result of the occurrence of this natural disaster; indicating the make, model, state registration plate of the car, list of damages, date and location of the incident (if this information is not included in the certificate issued by the state body monitoring the state of the environment);
  • a handwritten power of attorney for the right to represent interests in the insurance company, if you are not the owner or are not included in the insurance policy as a person admitted to management (the owner of the vehicle is an individual);
  • a notarized power of attorney indicating the transfer of the right to receive insurance compensation (if you will receive compensation and are not the owner of the vehicle, the owner of the vehicle is an individual);
  • power of attorney for the right to conduct business in the insurance company, certified by the seal of the organization (if the owner is a legal entity).

A complete list of documents is contained in the current ones. The specified list may be shortened/expanded by the Insurer depending on the amount of damage caused.

Damage to the vehicle as a result of illegal actions of third parties

It is important to understand how the damage occurred. If the damage was caused by illegal actions of third parties, it is necessary to call the police, if caused by an unknown vehicle - traffic police officers.

  1. Immediately report to the territorial department of internal affairs bodies.
  2. Immediately, no later than one business day, notify Rosgosstrakh about an event that has signs of insurance, and coordinate your further actions by calling the 24-hour Unified Contact Center of the Rosgosstrakh company:
  3. Within 5 working days, submit a written statement about the event to Rosgosstrakh, present the necessary documents and vehicle for inspection.

Required documents for application

  • a written statement in the prescribed form detailing all the circumstances of the incident known to you;
  • voluntary vehicle insurance policy/agreement;
  • PTS/vehicle registration certificate;
  • passport (military ID, foreign passport of a citizen of the Russian Federation or other document identifying the applicant in accordance with the legislation of the Russian Federation);
  • a resolution to initiate or refuse to initiate a criminal case, indicating the make, model, state registration plate of the car, a list of damages, the location, date and circumstances of the incident;
  • a handwritten power of attorney for the right to represent interests in the insurance company, if you are not the owner or are not included in the insurance policy as a person admitted to management (the owner of the vehicle is an individual);
  • a notarized power of attorney indicating the transfer of the right to receive insurance compensation (if you will receive compensation and are not the owner of the vehicle, the owner of the vehicle is an individual);
  • power of attorney for the right to conduct business in the insurance company, certified by the seal of the organization (if the owner is a legal entity).

A complete list of documents is contained in the current ones. The specified list may be shortened/expanded by the Insurer depending on the amount of damage caused.

Actions in case of an accident abroad

  1. Stay calm and be polite.
  2. Turn on your warning lights and post warning signs in front of the accident site.
  3. Report the accident to the traffic police (for EU countries there is a single number for emergency calls - ).
  4. If there are victims:
    • Call an ambulance (for EU countries - a single telephone number).
    • Before the ambulance crew arrives, provide all possible assistance to the victims.
  5. If possible, obtain the contact information (telephone number) of eyewitnesses before they leave the scene of the accident.
  6. Try to obtain a European accident notification form from another participant/participants. (Accident statement) and fill it out.
  7. Do not sign documents whose meaning you do not understand.
  8. If you are unable to complete the European Road Accident Notification Form (Accident Statement) or get a copy of it, write down the license plate(s) and make(s) of vehicles (and trailers) involved in the accident.
  9. Give other participants in the road accident who intend to make a claim for compensation for harm, a tear-off copy of your Green Card, and if it is missing, provide the Green Card number, address and telephone number of the national Green Card Bureau of the country in which the road accident occurred.
  10. From another participant in the accident, obtain information in a similar way about his compulsory insurance policy for vehicle owners.
  11. It is recommended to photograph the scene of the accident, the vehicles involved in the accident, as well as the insurance policy of the other participant in the accident.
  12. Obtain a document from the traffic police confirming the fact of the accident (if the issuance of such a document is provided for by the legislation of the country in which the accident occurred).
  13. Inform the foreign Green Card Bureau about the fact of the accident (cases when this does not need to be done, as well as the phone numbers and addresses of the Bureau, see the back of your Green Card).
  14. Report the accident to your insurance company.
  15. Keep documents confirming the expenses incurred in connection with the accident (in some countries, if you are recognized as a victim, you will be able to claim compensation for expenses based on these documents).

For more information, please contact the RSA information center by calling:

Recommendations for completing the European Road Accident Notification Form

The purpose of this form is to jointly draw up a statement together with other participants in the accident about the circumstances of the accident. Drivers from Green Card countries have the notice form in their native language. Please use their application form and refer to this guide. Preferably using a ballpoint pen, fill out either the blue or yellow part of the accident notice (For example, a French driver might fill out their part of the claim form in French, leaving the part of the claim form blank, which you will fill out in Latin. You will understand the meaning of the questions by reading them in your memo).

Don't forget:

  • clearly mark (in paragraph 10) the location of the initial impact;
  • place a cross (X) in each corresponding square on your side (point 12) and set the total number of squares;
  • draw a diagram of the accident (point 13), indicating all the stated information.
  • When you are satisfied that the facts are accurate, sign this notice yourself and obtain the signature of the other driver (point 15).
  • Get yourself a copy of the completed accident notification form.
  • Send it by any means that provides proof of delivery to your insurer within 15 days from the moment of the accident.

Many policyholders are faced with a situation where, when applying for insurance compensation, the company protecting the interests of the guilty party refuses to pay compensation. Such situations are not uncommon, even when the fact of a traffic accident has been officially registered.

Of course, it is not profitable for insurers to cover the damage and they try to come up with excuses not to make payments. In order not to fall for the illegal tricks of the insurance company, it is important for car owners to know what can be considered an insured event under MTPL, and what really is not.

These cases are regulated by the provisions of traffic rules and Federal Law, therefore, in the event of controversial situations, it is necessary to resort to these documents.

Car owners who purchase a compulsory car insurance policy hope that, thanks to it, the victim will be able to receive compensation for the restoration of a vehicle damaged in a car accident without any delays.

But insurance organizations do not always recognize insured events (CA), even if the insured car has damage of various types.

That is, it is important for the insurance company that, when accepting an application from the insured of a victim of an accident, it confirms the presence of a guilty and injured party, the location of the incident that is suitable for the CC and other circumstances. Otherwise, such an event will not be recognized as insurable under compulsory motor liability insurance.

A compulsory car insurance policy protects the car owner from financial penalties that may be imposed on him if he is found guilty of a car accident. In this case, car insurance covers damage to the injured person as if on behalf of the culprit.

Consequently, it is not the initiator of the accident who pays for the damage, but his insurance company. But in order for insurers to pay compensation, you need to know what is included in the insured event under MTPL, so as not to waste time filing an application and know in advance in what case a refusal will follow.

In 2018, according to the current Federal Law “On Compulsory Motor Liability Insurance”, there are only a few situations that are included in the list of insured events, namely:

  • An event that occurred on roads and adjacent areas, resulting in damage to people and their lives. A sign of SS in this situation is the harm to health and life suffered by innocent car owners, their passengers or pedestrians.
  • An event that occurred as a result of the movement of a vehicle on the road, in which the property of an innocent car owner was damaged. Here, only the victim’s vehicle falls under SS.

It is these two situations that constitute an insured event under compulsory motor liability insurance, but each of them has certain subtleties in its definition. To understand in more detail, let's look at examples.

Insured event under compulsory motor liability insurance in case of an accident

So, we know that insurers are in no hurry to recognize all accidents on roads as an insured event for which they are obliged to pay compensation.

Consequently, the occurrence of an insured event under compulsory motor liability insurance is recognized only if the following conditions are met::

  1. Damage to property (vehicle) as a result of an accident was recorded.
  2. Damage to the health of other persons was caused as a result of the movement of the vehicle.
  3. The at-fault party was insured at the time of the accident.
  4. When drawing up the European Protocol, traffic police officers or participants independently identified both the guilty and the injured parties.
  5. A car accident or minor accident occurred on the territory of a qualifying road and adjacent objects (parking lots, parking lots, alleys, roadsides).

That is, if an accident occurs, but there is no victim in it, a statement was not sent to the insurance company, then there will be no insurance policy as such, since there will be no one to pay compensation. If the incident occurs on the territory of a special racing track, then this will also not qualify as an insured event in case of an accident, even if the culprits are identified.

The law and the insurer decide in what cases under compulsory motor liability insurance in case of an accident compensation is paid. The presence of damage does not guarantee that the company will recognize this CC and pay compensation to the injured party.

No accidents

When we talk about in what cases it is paid, we need to remember what exactly this type of car insurance protects. Thus, this insurance is paid by the company representing the interests of the car owner who initiated the car accident.

That is, the MTPL policy implies payment of compensation to the party injured in a car accident instead of its initiator. Consequently, the “motor citizen” protects the car owner’s liability to third parties. The protection applies to incidents that occur on the road involving only two or more vehicles.

This means that if the vehicle was damaged not by another car, but by a fallen tree or an intruder, then such insurance cases under MTPL without an accident are not recognized. To receive compensation in such incidents, those that did not occur on the road, you will have to buy additional Casco insurance that covers damage in such situations.

When insurance cases are not recognized

As you already understand, only the injured party has the right to receive compensation from the insurance company under a compulsory auto insurance policy. Consequently, if the initiator of the incident wants to receive compensation, then he needs to have a voluntary auto insurance policy, since the “automobile insurance” protects his liability and does not cover the damage to the culprit.

In order not to waste time collecting documents, it is advisable to know in what cases insurance is not paid in an accident:

  1. If a vehicle not listed in the vehicle license was damaged in a car accident. That is, the at-fault party does not have a valid auto insurance policy.
  2. The victim wants to receive compensation citing lost profits. What is not an insured event cannot be obtained from compulsory motor liability insurance, because with such an appeal you can go to court and recover compensation from the culprit directly.
  3. The injured party became such because of the load carried in the culprit's car. If a vehicle is transporting dangerous cargo, it must be insured separately.
  4. The accident occurred on a training track, competition or other types of training driving.
  5. Moral compensation is for non-insurance cases of compulsory motor liability insurance, but it can be demanded through the court.
  6. Damage to green spaces, architectural monuments or buildings are also cases when insurance is not paid.

Registration of an insured event under compulsory motor liability insurance

We have already said earlier that in order to receive compensation and recognition of the incident by the SS, there must be an injured party. That is, the settlement of insurance cases under compulsory motor liability insurance occurs only if there is a culprit and a victim.

The latter must submit an application to the company within the prescribed period so that it will consider it, inspect the damage and make a payment. The main thing that needs to be done after an accident is to report the insured event to the insurance company.

Notifying the insurer about an incident involves filing an application with a request for payment of compensation, as well as providing the necessary documents and certificates. If the victim is not insured, then he contacts the company of the insured culprit, but if the innocent party also has an auto insurance policy, then he can contact his insurance company.

What documents are needed

If the compulsory motor liability insurance contract for the person responsible for the accident is concluded in the same company where the innocent car owner is insured, then the procedure for registering an insurance policy usually follows a simplified scheme. But even if an application is submitted to other insurance companies, the procedure for registering an insured event will be the same.

To accept an application from the injured policyholder, he will need the following documents:

  1. An application written in free form (or on a special form) with a request for payment of compensation.
  2. Civil passport or other identification document.
  3. A certificate issued by a traffic police inspector.
  4. Notification (protocol) of an incident on the road.
  5. Information about an accident.

Deadlines for application and consideration

In order not to be denied payment, the party injured in a car accident must submit a statement to the insurance company within a certain time. The period of notification to the insurance company about the incident is also limited for the initiators of the accident.

It is advisable to contact the insurer as soon as the fact of an accident has been recorded, but both parties have several days. Thus, the “motor citizen” will be able to compensate for damage only if the policyholder contacts the company regarding the accident no later than 5 days from the date of the incident.

After submitting the application, you must obtain a certificate from the insurer, which will indicate the date of acceptance of the application. It is from this moment that the time allotted for the insurer to consider the application, inspect the car, and pay compensation will begin. The IC is given 15 days for this.

Payments

OSAGO is paid by providing repair work at specialized service stations. Previously, policyholders had the opportunity to choose between receiving monetary compensation or being referred for repairs. Now, all cases, with the exception of complete loss of the car, are subject to repair work, which is paid by the insurance company.

A similar situation occurs with respect to compensation for personal injury. That is, the insurance company will pay for treatment, medications and other expenses necessary to restore the health of the injured car owner.

In the case of compulsory car insurance, the amount of payments is strictly limited. If the amount of damage exceeds the established limit, then the culprit must pay the remaining amount.

Thus, under the “automobile insurance” policyholders can count on compensation in the following amount::

  • For damage caused to a vehicle - a maximum of 400,000 rubles.
  • In case of harm to life or health - 500,000 rubles.

If the insurance company refuses to pay

We have already said earlier in what cases insurance is not paid in case of an accident, but the refusal of the insurance company is not always justified. Thus, unscrupulous insurers may refuse to pay the insured car owner due to the fact that the person at fault does not have a compulsory insurance policy.

Of course, if the initiator of the accident is not insured anywhere, then from whom should we demand compensation? But in this situation, this issue should be dealt with by the victim’s insurance company. Consequently, if a car owner injured in an accident contacts the company with a request for payment of compensation, then the insurer is obliged to collect compensation from the culprit in court, and not refuse its client.

If the opposite situation occurred, i.e. the victim is not insured, then the refusal is also illegal. In any case, the injured party was paid insurance in case of an accident, covering the costs of restoring the car or health.