When filing an accident, you need to take into account all the subtleties of domestic insurance legislation, otherwise you will have to compensate for the damage from your own pocket. This can be easily avoided by following a number of simple recommendations. So, what should you do to avoid having to pay for repairs to the victim’s car yourself?

Stay at the scene of the accident

You can leave the scene of an accident without paperwork, but only when there are victims who require emergency medical care. If the condition of the injured person does not allow him to wait for doctors, you should take him to the hospital yourself by any available means, and then return to the scene of the accident.

The fact that the victim was transported to the hospital must be documented. To do this, you need to obtain the appropriate certificate from a medical institution.

If during transportation you had to resort to a taxi, in addition to a certificate from doctors, you should attach documents confirming payment for the trip.

In other cases, leaving the scene of the accident will be regarded as a violation of traffic rules. Of course, this is not a reason to refuse compensation for damage, so the victim will still receive insurance compensation. However, subsequently the insurer will certainly present a recourse claim to the culprit of the accident.

Contact your insurer

When registering a traffic accident in accordance with the terms of the Europrotocol, the person at fault must immediately contact his insurance company. In this case, you should find out exactly how you can send a completed accident notification to the insurer. By law, five working days are allotted for the transfer of this document (except weekends and holidays).

If this condition is violated, the insurance company has the right to recover from the culprit of the accident the entire amount of compensation paid to the victim. If you cannot get through to managers or they avoid contact, you should send the notice by registered mail (with notification and a list of attachments).

Don't repair your car

The insurance company has the right to inspect not only the victim’s car, but also the vehicle of the person responsible for the accident. In this case, managers are required to organize an inspection within fifteen days from the date of the accident (except for weekends). If the car is repaired earlier, the insurer has the right to recourse.

In some cases, the insurance company may consider inspecting the at-fault vehicle a waste of time. However, you should not rely on verbal assurances from managers. Repairing the car before the mentioned period is possible only after receiving written permission from the insurance company.

Take a receipt from the victim

Sometimes a car collision occurs without visible damage to any parts. As a rule, after such an event, drivers prefer to simply drive away. At the same time, there is always a risk that the other driver will return to the scene of the accident and contact the traffic police. If the car of the second participant in the accident received hidden damage, such a situation could result in serious problems with the insurance company.

In order to be guaranteed against possible recourse, you should obtain a receipt confirming the absence of property claims due to a road accident.

In this case, the document must indicate the following information:

1. Time, date, coordinates of the accident site.
2. Make, model and registration plate of each car.

You also need to provide information about all participants in the incident. If disagreements arise between drivers, such a document will help prove that the actions of the culprit of the accident were agreed upon with the victim.

In addition, a receipt will be needed when registering an incident according to the Europrotocol. In such a situation, the maximum payment is fifty thousand rubles, and all damage in excess of this amount is compensated by the culprit driver. As you know, there is always a risk of error when assessing the amount of damage at the scene of an accident.

Accordingly, such a receipt should contain the phrase “I have no financial claims against the culprit of the accident in excess of fifty thousand rubles.” The presence of this document will allow you to safely register the incident within the framework of the Europrotocol.

Contact the victim

If the cost of repairs exceeds the maximum payment under MTPL, the remaining amount is paid by the person responsible for the accident (if he does not have a MTPL policy). If you have the slightest doubt about the final cost of repairing the victim’s car, you should definitely keep in touch with him.

This will allow you to know in advance about the need for additional costs. Naturally, the victim’s expenses must be confirmed by the opinion of an independent expert. In any case, it is worth double-checking the examination report for errors.

Sometimes, to inflate the amount of damage, appraisers include unnecessary details in the report or use other tricks. Of course, you can challenge such a conclusion in court, which will reduce the cost of compensation for damage beyond the maximum payment under the compulsory motor liability insurance agreement.

Only truth

The last piece of advice is unlikely to help the person responsible for the accident, but we cannot help but touch upon it, because this is one of the grounds for recourse. We are talking about the reliability of information when issuing an electronic MTPL policy. If the car owner, when concluding a contract via the Internet, provided false information in the questionnaire, which led to an understatement of payment, then the insurance company has the right to file a recourse.

For example, a certain citizen insured himself under compulsory motor liability insurance through the insurance company’s website. At the same time, he underestimated the engine power of his car. Some time later, a citizen caused a traffic accident. In such a situation, his insurance company will pay for the restoration of the victims’ vehicles, and then demand compensation from the person responsible for the accident for the expenses incurred.

To avoid such a situation, you need to carefully check the accuracy of the information in the policy and application at the stage of applying for insurance.

Compulsory civil liability insurance for motorists is aimed at protecting the rights of injured participants in road accidents. Therefore, every driver knows that in the event of a car accident, under compulsory motor liability insurance, either

But with compensation payments to the perpetrator of the collision, not everything is so simple. We will take a closer look at whether the insurance company pays the person at fault for the accident.

Expert opinion

Natalya Alekseevna

OSAGO auto insurance insures not vehicles, but the driver’s civil liability to other motorists, as well as motorcyclists, pedestrians and those who will move along the highway.

It will compensate for the material damage caused to the injured participants or compensate for the harm caused to their life and health. But it does not cover any transport crime, such as theft, kidnapping, etc.

What to do in case of a traffic accident?

Many motorists are interested in whether there are payments for the culprit of an accident under compulsory motor liability insurance. After all, in some complex car accidents it is very difficult to unambiguously draw the line as to which driver provoked the collision and who was injured in it. Therefore, it is very important for the insurer to determine how many parties were involved in the road accident and who initiated it.

The following options are possible:

1. There are two participants, one of whom violated traffic rules, and thereby provoked a car accident, and the second motorist, without violating anything, became the injured party.
2. An accident has 2 or more injured parties, and several drivers are to blame for the collision.
   This case is called . The car owner is both the guilty and the injured party. Compensation can be paid to both parties if the insurance companies come to such an opinion after studying the materials of the insured event. The second option is that there will be a corresponding court decision.
3. The incident has one participant who provoked it.
   For example, a motorist lost control of his swallow and crashed into a tree, fence, house or other obstacle.

In the first example described above, payments are due only to the injured motorist. In the second situation, compensation for damage received during a collision can be paid to both parties, but at the discretion of the insurance companies or by court decision. In the third case, payments under the MTPL policy are not provided.

Do insurers provide compensation for the amount of money paid?

You can find some rather controversial recommendations on car forums. For example, the culprit of an accident is advised to independently pay for the damage caused to the injured motorist, and then collect a full package of documents in order to apply for compensation for the costs incurred to his insurance company. They say that the insurance payment under the MTPL policy will completely cover the amount of personal money spent.

Changes in the law on compulsory motor liability insurance.

To the insurance company and the amount of compensation for damage caused:

1. A road accident diagram signed by both motorists.
2. Certificate of accident from the traffic police.
3. The results of an independent examination, which contain an assessment of the amount of material damage caused.

But before independently paying for the damage caused to the injured party, it is necessary to study what liability will arise for such an initiative.

There is no provision for compensation for monies transferred by the driver at fault for the accident to the injured motorist, pedestrian or passenger.

Any voluntary payments have no relation to the obligations of the insurance company that began after the signing of the MTPL agreement. Accordingly, no one will return the money to the guilty party. There is a high probability that there could be mutual guilt or the injured driver was temporarily deprived of his driver’s license or had a fake car insurance policy.

Which company provides insurance payments?

Initially, the auto insurance contract provided that the damage to the injured motorist should be compensated by the insurance company in which the person responsible for the accident took out compulsory motor liability insurance.

Then the direct compensation procedure was introduced. It has a mandatory complex condition: two cars collided and both motorists had MTPL insurance policies with them, and the damage was caused only to their property.

The injured motorist must submit an application for insurance, as well as the documents provided for by the MTPL rules, to his insurer.

He will review all documents related to the insured event and make a decision on compensation only for material damage. Damage caused to the life and health of the injured motorist is compensated according to the traditional scheme. If he eventually discovers that his health was damaged during an accident, he will be able to apply for compensation to the insurance company of the person responsible for the collision.

When the insurer has the right not to pay insurance

The legislation provides for the circumstances of an incident, upon the occurrence of which the insurance company may decide that it was not an insured event and, accordingly, will not pay.

How to correctly report to the insurance company under compulsory motor liability insurance?

The Law on Compulsory Motor Insurance contains a list of circumstances of an accident that are a reason to refuse insurance payments for a motor vehicle:

1. Demands have been made to compensate for moral damage caused or lost benefits due to the traffic accident. Avtograzhdanka does not insure such risks.
2. The car that caused the car accident was driven by a motorist who was not included in the MTPL policy, which is issued to a limited number of drivers allowed to drive the vehicle.
3. The car was damaged during sports racing, training or experimental driving, moving around the enterprise, during loading and unloading operations. And also when the driver of the insured car was performing his job and got into an accident. For example, a taxi driver.
4. If the insured vehicle was transporting uninsured cargo that damaged property, caused harm to the health or life of people, or harm to nature, then the insurance company that issued the vehicle will not cover such damage.
5. When compensation for damage received during a traffic accident requires an amount exceeding the established limit under compulsory motor liability insurance, the insurance company will reimburse the compensation provided for by law and refuse to pay in excess of the limit.

In the latter case, the injured participant in a car accident has the right to legally demand compensation for the missing amount of money for the complete restoration of the car from the person responsible for the road accident. As you can see, the question of whether the culprit of the accident in the situations considered is entitled to payments under compulsory motor liability insurance (MTPL) will receive a negative answer.

Payment with recourse

The law provides for situations in which an insurance company pays compensation to the injured party, and then, through the court, recovers from its client who is responsible for the accident the entire amount paid. In legal language, such a scheme for making insurance payments is called compensation for damage with the right of recourse.

Insurance amounts for car repairs.

They are provided in the following cases:

1. The driver who caused the car accident was drunk or under the influence of psychotropic or narcotic substances.
2. The motorist responsible for the traffic accident did not have a driver’s license or OSAGO policy with him at the time of the accident, and was also temporarily deprived of the right to drive vehicles.
3. The car accident occurred during a period that is not specified in the MTPL insurance contract, if the policy is issued not for the whole year, but for several months, but not less than 3.
4. The motorist who caused the collision fled the scene.
5. The insured motorist intentionally caused damage to the property of third parties or harm to their life and health.

Payment with regressive requirements protects the interests of injured participants in a car accident. The insurance company compensates them for material damage or harm to life and health caused during a traffic accident within the stipulated time frame. Recovering the amount of compensation from the perpetrator of the collision through the court is sometimes delayed for a long period of time.

For an insurer, as a commercial organization, the expectation of a refund is not as critical as for an injured motorist, passenger or pedestrian. After all, money is urgently needed for treatment and rehabilitation. And everyone tries not to delay the restoration of the car after the accident.

Ways to obtain compensation for the culprit of a collision

If you are at fault for an accident, you don’t have to worry.

But for the owner of a car that is not covered by CASCO insurance, the question becomes relevant: is insurance paid under the MTPL policy to the person at fault for the accident?

Court decision on recovery of material damage.

This is possible in two cases:

1. The driver at fault in the car accident does not admit his guilt and disputes the charges against him in court. In the lawsuit, he asks to recognize himself as the injured party and compensate for the damage caused. In order for MTPL auto insurance to cover the damage caused, a positive court decision is necessary.
2. When a traffic accident is caused by mutual fault, the driver is both the culprit and the victim. His insurance company compensates the other party involved in the collision, and he receives payments from his insurer.

But court proceedings in cases of mutual fault in car accidents have their pitfalls. The outcome of the trial we described is possible when the judge divides the accident into 2 violations of road rules. Then the driver is considered the culprit for one offense, and the victim for another.

If the judge deems it appropriate to consider the car accident as a set of offenses committed, then the at-fault driver will be determined. Accordingly, he will not be able to count on insurance payments for auto insurance.

Bottom line

The culprit of a traffic accident receives insurance payments under a motor vehicle policy only in two cases: firstly, when he disputes his guilt in court, and secondly, when there is mutual guilt. In the latter option, the driver is both the victim and the culprit in the car accident.

If the insurer is in no hurry to pay compensation, then you will have to go to court to protect your interests. Good luck on the roads!

If the drunk driver is the injured party, then insurance companies may relax their requirements to reduce the amount of compensation payments. But when a drunk driver also turns out to be the culprit in an accident, then everything can really turn out not very well for him - an immediate recovery from the culprit of the accident will follow in payment of the debt to the victim. And this debt can be determined not necessarily by the court, but even by the insurance company itself. At the same time, when considering the issue of compensation payments in the presence of a drunken traffic violator, the insurer will be guided by the following legislative norms:

1. Driving while intoxicated is subject to a fine and other punishment according to the law - Art. 12.8 Code of Administrative Offenses of the Russian Federation:
   • Part 1 Art. 12.8 of the Code of Administrative Offenses of the Russian Federation - driving a car while intoxicated for the first time or after 1 year after such a warning or fine - 30,000 rubles.

Drunk culprit in an accident: will the insurance company pay 2018?

An auto lawyer will draw up a statement of claim and go to court against the culprit to recover damages. Next, a court date is set to which you may be invited to testify. You need to find out from your lawyer whether you should come to court or not, i.e.
It often turns out that by coming to court a person can harm the case and delay the trial. After all, your lawyer will come to court and demand money, and if you come, then the judge is obliged, according to the rules, to interrogate you, and just in the process of interrogation, new facts may emerge and these facts may turn the case not in your favor and it may happen that you stay guilty. The main factor is that a drunk person driving does not automatically become guilty of an accident; that would be wrong.

The culprit of the accident is drunk, will the insurance pay?

According to the Road Traffic Rules (hereinafter referred to as the Rules, SDA), a driver is prohibited, under any circumstances, from driving a vehicle while drunk. This is regulated by clause 2.7 of the Rules. Moreover, if the first time you can be fined or have your license taken away, then the second time such a number will not work - as of 2018, such a violation can be carried out under articles of criminal law, and accordingly, the violator bears criminal liability. For civilian drivers driving a car while intoxicated, Ch.

27 clause 2 art. 264.1 of the Criminal Code of the Russian Federation (approx. Law No. 528-FZ of December 31, 2014). For military personnel - art. 340 of the Criminal Code of the Russian Federation. What the law says In order to determine who should pay for compensation for damage or personal injury caused as a result of a road accident, attention is always paid to the guilty party.

Procedure after an accident: the culprit is drunk

Important

After an accident, immediately find a company providing independent examination services and contact them. The purpose of the appeal is to find out the amount of damage caused to your car, for this you need to conclude an agreement for the provision of the relevant service and after which you need to invite the culprit of the accident to inspect your car, you set the place and time yourself. The invitation is sent to the culprit by mail with acknowledgment of delivery, the notification will be a guarantee that the culprit received the invitation, because you are obliged to invite him to the inspection, whether he comes or not, that is his right, the main thing is to confirm in court the fact that you invited the culprit to inspection, and notification will be confirmation.

Osago and the drunken culprit of the accident

Therefore, in such a situation, the culprit will have to pay recourse to the insurer. What information must the culprit provide to refute the fact of drunkenness? Of course, the fact that the culprit of the accident was drunk will still need to be proven when determining the need to assign a recourse based on the results of the payment of compulsory motor liability insurance. In turn, a suspect in such an offense can confirm his adequate condition; for this he will need to undergo a medical examination in the prescribed manner.
In any case, the fact that the person responsible for the incident was drunk must be documented. In this case, measurement using instruments available to traffic police officers is not considered confirmation. A blood test must be done in a medical institution, and only its results make it possible to document the level of intoxication of the offender.

Will the insurance company pay if the at-fault driver was drunk?

• when the driver identified as the culprit of the incident on the road was under the influence of alcohol or drugs;
• the person who was driving at the time of the collision does not have the right to drive;
• the driver is not included in the MTPL policy;
• the driver had an expired, damaged, stolen or counterfeit OSAGO policy;
• the culprit did not have enough correctly executed documents regarding the accident, as well as the availability of certain documents necessary for the insurer;
• when the culprit of the accident fled the scene of the accident;
• when the culprit failed to provide the car for inspection within 10 calendar days;
• The applicant for insurance payment provided expired documents for the car - for example, a diagnostic inspection card.

• Payments are not made in cases specified in the insurance contract.

Receiving a MTPL payment in case of an accident with a drunk driver

If you refuse to accept documents, send the application by mail with notification in order to later prove the fact of its filing in court. Currently, the law on compulsory motor liability insurance provides for a mandatory inspection of the car by an auto expert of the insurance company, but if you are denied this, you have the right to contact an independent automotive technical expert to assess the damage from an accident. Subsequently, your costs for the services of an expert technician will be compensated by the insurance company if the outcome of the trial is successful for you.

If the guilt of a drunk driver has not been established, then most likely you will have to wait for a court decision, which will establish the degree of his guilt and the legality of driving the vehicle at the time of the accident. Each specific situation with an accident has its own specifics. It is important to understand that the truth in an accident with a drunken culprit is more difficult to achieve, but it is quite possible.

Payments under compulsory motor insurance to the culprit of an accident

• when the one who created the emergency situation is in a stage of intoxication of a different nature;
• if the person driving the car and causing the accident did not have a license to drive the car;
• if the driver is not included in the car insurance, as well as if it is expired or not issued;
• if the “organizer” of the accident did not provide documentation of this fact as required by law;
• if the offender fled the scene;
• if the victim is not provided with a car for inspection within ten days;
• if the applicant for insurance compensation has provided documentation for an expired car (diagnostic maintenance card, etc.).

Often, in practice, the very fact of driving in an inadequate manner may indicate the presence of intent to cause harm, since this is a flagrant violation of legal requirements.

Will insurance pay if the culprit was intoxicated?

Attention

But! A person who is at fault for an accident and is in a state of intoxication at that moment should not assume that by insuring his civil liability, he will be exempt from payment, and the damage for him will be compensated by the insurance company. Alas, he is mistaken. The presence of the culprit at the time of the accident in a state of intoxication gives the insurance company that made the payment the right of recourse. Its implementation assumes that the insurer, which has made the insurance payment, makes demands for its return from the guilty party.

Alas, it is impossible to escape the obligation to pay in this case; it is only permissible to delay the repayment period as much as possible. In fairness, it is still worth mentioning that the state of intoxication must be proven.

If the person at fault for the accident was drunk, will the insurance pay?

Moreover, in most cases, one way or another, you will need an independent assessment of damage from an accident (car expert examination). In fact, the law on compulsory motor liability insurance clearly states that if there is a valid compulsory motor liability insurance policy, the insurance company must compensate for the damage to the injured party. If it is established that the culprit of the accident was driving the car illegally (and driving while drunk is illegal), then the insurance company subsequently has the right to demand compensation for its costs from the culprit by way of recourse.
Precisely because the insurer subsequently wants to receive regressive compensation from the culprit, but does not want to waste the time of his lawyers on proving guilt and collecting certificates, he will try to force you to do his job.

Info

These documents may be traffic police protocols, notification of an accident, an expert report on the accident, damage to property, the health of the victims and the condition of the driver at the time of the accident. After considering all exculpatory or evidentiary documents, the court will make an appropriate decision, which will determine not only the degree of guilt of the drunk driver, but also the degree of responsibility that will be assigned to him. And in some cases this may result in a fine, criminal liability, as well as payment of part of the insurance amount.

You should always be careful while driving when driving on the road. However, when you are under the influence of alcohol, then it is better not to drive at all.

Does compulsory motor insurance pay if the person at fault for the accident was drunk?

Also, many insurance companies in such cases simply refuse to accept documents, and therefore it is much easier to immediately contact an independent expert, because the insurance company will demand from you a court decision in which the culprit of the accident is deprived of his license for drunk driving. It is beneficial for the insurance company to send you to court for a decision, but the trial usually lasts for up to 4 months, and you cannot do anything with the car. The fact is that the insurance company simply does not want to waste its resources, because in this case it must involve its lawyers so that they participate in the process of depriving the culprit of a driver’s license, and the lawyers need to pay for this.

Therefore, the insurance company will happily take advantage of your lack of understanding of the situation and send you for a court decision, although you are absolutely not obligated to do anything like that for them.

Content

In recent years, the car insurance system has been undergoing significant changes and it is logical that this topic is relevant to many motorists who are concerned about what the amount of mandatory contributions will be and what payments from insurance companies under compulsory motor liability insurance in 2018 they will have to count on. Unfortunately, anyone can get into an accident, and you need to know what to do in such circumstances, what compensation is due, how to get it,

Changes to MTPL rules in 2018

Important innovations of MTPL are valid from 09.25.2017. They relate to compensation for losses, repairs, the procedure for issuing insurance forms, the timing of inspection of a damaged car and the financial side of compensatory payments from compulsory motor liability insurance and the cost of the policy itself. A new option for in-kind compensation - repairs - is already applied for insurance after April 28, 2018. Regardless of the period of conclusion of the contract, the new rules provide for payment of damage in the event of a collision of several (two or more) vehicles.

In 2018, MTPL forms will be equipped with a security QR code, which makes information about the policyholder available online: you can check the authenticity of the insurance via the Internet from anywhere. According to the new legislation, car owners can expect not only increased rates for insurance services, but also a multiple increase in the amount of coverage. The amendments suggest a possible change in the price category of the vehicle user and the calculation of the coefficient determined by the number of accidents during previous driving periods and their severity, which ultimately leads to an increase in tariff rates.

The introduction of changes affects the price category of the MTPL policy and the calculation of the bonus-malus coefficient (BMC), which determines the cost formation. A driver who does not have an accident in a year receives a discount, or otherwise, he will face an increase in the price of contributions for the next year. The new calculation for compulsory motor liability insurance depends on the number and severity of accidents during the previous driving time and is formed from:

• region of registration of transport;
• age and length of service of the policyholder;
• machine power;
• the number of persons with insured liability under compulsory motor liability insurance;
• insurance validity period;
• owner status (individual, legal entity).

The main regulatory legislative document in this area is the latest edition of the Law of April 25, 2002 No. 40-FZ “On compulsory civil liability insurance of vehicle owners.” The innovations introduced by Law No. 49-FZ of March 28, 2017 took effect on September 25, 2017 and affected significant aspects of the “automobile citizenship” process:

• the deadlines for inspection of a damaged car by insurers have been changed - the loss must be assessed 5 days after filing a claim for an accident;
• independent examination is prohibited;
• the period for claims from vehicle owners to insurance companies is 10 days;
• from September 2017, the policy must be valid for at least 1 year;
• after 04/28/17, monetary compensation for losses under compulsory motor liability insurance was replaced with in-kind compensation - direct payments go to repair shops;
• the payment limit has been increased to 400 thousand rubles for property, and to 500 thousand rubles for individuals.

The cost will be affected by the tariffs adopted by each region, and for vehicle fleets and legal entities an average coefficient will begin to be used, which will also increase the cost of payment: the number of company cars implies an increase in the number of automobile violations. Increased coefficients will be established for those guilty of violations:

Number of violations	Increasing factor

What is compensation under compulsory motor liability insurance?

Legislation obliges all vehicle owners to have an insurance policy that insures the risks of all victims: for people – the risk of harm to life/health; for vehicles – the risk of damage to property. To purchase an MTPL policy you will need to provide:

• passport of the car owner and policyholder;
• diagnostic inspection card (if the car is more than 3 years old);
• driving license of all prospective drivers;
• vehicle registration certificate.

After registration, the insurer issues the policyholder with the original insurance (policy), insurance rules, a memo in case of an accident, and a document confirming the payment of funds. You must always carry the policy with you in your car. The document drawn up by the policyholder independently electronically through the website of the insurance organization must be printed.

The insurance company of the person at fault for the accident compensates the losses of those who were injured with monetary sums or repairs. Payments are made within the limits determined by the Law. Thus, legal protection is guaranteed to all participants in an accident: the victim receives insurance compensation, the culprit does not have the obligation to pay in full for the repair of someone else’s car. The policyholder must clearly understand:

• he does not have the right and opportunity to claim compensation if he is the culprit of the accident;
• harm is compensated only to the injured party, which is recognized by the traffic police.

If the culprit has a CASCO policy, then, unlike compulsory insurance, he will be entitled to payments for this type of insurance services both for himself and for his car, depending on the contract. In addition, in CASCO the maximum amount, as well as the minimum, is possible and is not limited to the official limit of compulsory motor liability insurance if you are involved in a traffic accident.

The practice of applying regulations proves that there are complex situations that cannot be resolved quickly and simply by law. In some cases, a citizen may be simultaneously recognized as a victim and guilty, then he already has the right to payments as a victim of an accident. Disagreements arising in the course of identifying the perpetrators and the amount of compensation are resolved in court using the statute of limitations, which is usual for civil cases - 2 or 3 years.

The main regulatory act distinguishes 2 types of victims - people and transport. The type of object group determines the form of compensation to the subject who suffered the damage. Many people can be injured in an accident, and the law specifically describes those entitled to insurance payments. These can be individuals - the victims themselves in the accident or, in the event of their death, their direct heirs and persons under the will:

• the driver who is not at fault in the incident;
• passengers;
• pedestrians;
• cyclists.

The insurance company pays expenses when the owner of compulsory motor liability insurance becomes liable in an accident involving his car and property damage of this kind is caused: damage to other people's cars, traffic lights, buildings, structures, structures, that is, the object of compulsory auto insurance is the property interest of those affected by the actions of the policy holder .

Payments under compulsory motor liability insurance in 2018 are made taking into account the following: if the cost of repairs is higher than the cost of the car before the accident, the maximum possible amount is transferred; compensation for restoration takes into account the costs of transportation by tow truck and depreciation of the vehicle. If the limit established by the Law is enough for repairs, then the person responsible for the incident will not have to pay extra.

In case of excess costs, the victim has the right to demand additional payment from the culprit in court, as well as compensation for moral damage, demanded from the culprit only in court. If the calculated insurance payment does not suit the person who suffered, and there are intentions to receive payments to the maximum, it will be necessary to submit a written claim to the insurer. If the additional payment is not received within five days after this, you will have to file a claim. It is important to note that the insurance company may refuse to satisfy the application for the following reasons:

• there were substances dangerous to surrounding people in the car;
• the citizen did not have a driver’s license;
• The policy does not indicate the culprit of the accident.

Maximum payments under compulsory motor liability insurance in case of an accident in 2018

With the latest legislative innovations, the limit for payment of compulsory motor liability insurance has been raised and in 2018 it is:

• in case of harm to the life and health of the victim - 500,000 rubles for each;
• in case of damage to the property of the victim - 400,000 rubles for each person.

If the person responsible for the accident entered into an insurance contract before October 2018, losses are calculated at the rates at the time the policy was issued. The above figures are maximum and it is not possible to receive more than this amount under compulsory insurance. Specific amounts are considered by insurers taking into account the wear and tear of the vehicle, the severity of the injuries, the cost of restoration and many other factors: specialists carefully study the damage so as not to overpay8

The maximum compensation is determined by Article 7 “Insured Sum” of Law No. 40-FZ and for property amounts to 400 thousand rubles. for each person injured in the incident, that is, this amount is not divided among all participants, the right to claim full compensation is given to everyone. The insurer must reimburse the costs at its own expense by carrying out repair and restoration work. If both drivers are at fault, they can expect half the damage.

In case of drawing up the Europrotocol

The law provides for the preparation of documentation about an accident without the participation of State Traffic Inspectorate employees and the beneficiary’s independent sending of a notification to the insurance company. The copy is filled out by the perpetrator together with the victim at the scene of the accident and sent to the insurance company within 5 working days. It is necessary to photograph the scene of the accident, the damage, estimate the approximate losses and keep the car in its damaged state until inspected by a representative of the insurance company.

The maximum for insurance compensation in this case is 50,000 rubles. Conditions for compensation of losses through the so-called “Euro protocol”: only two vehicles are involved in the collision; there were no injuries (deaths), no damage was caused to other property; There are no disagreements about the details of the accident or damage between the participants. The European protocol is drawn up according to the rules:

• a ballpoint pen is used;
• each participant fills out the appropriate part of the protocol regarding his information;
• signatures of both parties are affixed to the front side;
• additions and adjustments are signed by the person who has no objections to them.

For harm to health

Compulsory motor liability insurance is paid to citizens who were injured in an accident - this is the driver (not at fault in the incident), passengers, pedestrians, cyclists and other persons injured in the accident and, in the event of death, their heirs (including family members and citizens under a will) . For injured individuals, there is a wide range of expenses that the insurance company must take into account in payments, but if injuries can be treated under the compulsory health insurance system, the chances of receiving additional money are reduced.

Payments are made in proportion to the damage received. Reimbursable expenses are as follows:

• provision of first aid;
• diagnostic study;
• treatment and stay in a medical facility, including food, medications, medications and special materials;
• prosthetics;
• loss of earnings due to disability.

When determining the disability of the victim

If the accident causes damage to the life and health of the victim, a full examination is carried out. The amount of payment under compulsory motor liability insurance is determined by the damage caused based on a medical report:

In the event of the death of the victim

In the event of the death of a participant in an accident, compensation for harm is received by persons entitled by civil law to compensation in the event of the death of the breadwinner (in their absence, these are the spouse, parents, children and persons who depended on the deceased). The family receives funeral funds of no more than 25,000 rubles and also compensation for damages of 475,000 rubles.

The final result of the coverage calculation is influenced by many factors. To determine the following are taken into account:

• wear and tear of the vehicle, taking into account the operating time, mileage (for monetary compensation) and parts to be replaced;
• transport power;
• features of damage;
• place and circumstances of the incident;
• driving experience;
• duration of the policy;
• region of policy registration;
• condition, type, cost of the vehicle before the incident.

In-kind form of compensation for damage caused in 2018

In accordance with the latest legislative amendments to MTPL, for insurance policies issued after April 28, 2017, losses in the event of an insured event are compensated by repairs at the expense of the insurer. The need for such an innovation was approved by the State Duma in order to block the way for fraud to receive funds from imaginary victims: thus, according to the Agency for Financial Research, in 2016 the share of payments under motor vehicle insurance to people who were not actually injured in an accident reached half of all amounts paid.

At the same time, today, with the in-kind form of compensation, there are many problems and vulnerabilities that cause dissatisfaction among drivers with this new system:

• use of non-original spare parts and components;
• insufficient allocated hours for work;
• the practice of repairing parts instead of replacing them with new ones;
• incomplete repair of damage;
• general unsatisfactory quality of repair and restoration services.

As a result, if the victim has doubts about the correctly determined cost of spare parts or is dissatisfied with the quality of repairs under compulsory motor liability insurance, he can seek an independent examination and file a claim with the insurers, and if the latter refuse, go to resolve the issue through the courts. For the injured party, such difficulties complicate the entire process, which is already troublesome and unpleasant.

By law, the insurance company must enter into contracts with service stations and implement specific conditions for organizing quality repair services:

• service stations (STS) provided to the victim must be located within 50 km from the accident or the place of residence of the vehicle owner;
• repairs by such workshops cannot last more than 30 days;
• If the driver is not satisfied with the proposed choice of service station, he can agree with the company on the choice of another service station.

The repair procedure begins with the insurance organization calculating the cost of repairs to restore the vehicle:

1. The insurer evaluates the work and calculates the costs of restoration repairs according to the unified methodology of the insurance market regulator (Central Bank Regulations dated September 19, 2014 N 432-P), where the amount is determined without taking into account wear and tear of the vehicle, as in the case of cash payments.
2. The owner of the damaged vehicle is invited to select a service station from the proposed list. For vehicles under warranty, work is performed by dealerships while maintaining the warranty.
3. The service station work must be completed within a month.

You can receive cash compensation under MTPL in exchange for repairing a damaged vehicle when:

• the car is completely destroyed;
• the cost of repair work exceeds the limit of 400 thousand rubles, and the owner does not intend to pay extra to the service station;
• the insurance company is not able to organize high-quality repairs within the allotted time;
• the owner has difficult financial conditions and the commission of the Russian Union of Auto Insurers approved his request;
• there is a written agreement between the insurer and the recipient for an amount determined by the insurance organization (usually less).

The procedure for processing insurance payments under compulsory motor liability insurance in 2018

Obtaining MTPL insurance does not seem difficult at first glance, but it is important to strictly follow the following steps:

• if there are victims, call an ambulance;
• call a traffic police representative;
• notify the insurance company about the insured event;
• collect the necessary documents;
• fill out a written application and send it to the insurance organization at its location or its representative;
• Additionally, in addition to written form, documents can be sent electronically.

A citizen applicant for accident insurance within the framework of compulsory motor liability insurance is required to submit a package of documentation:

• passport (photocopy) of the culprit;
• documents for the vehicle (copies);
• certificate from the traffic police;
• notification of an accident;
• protocol (copy) of an administrative violation/ruling on refusal to initiate an administrative violation;
• details for transfer.

Payment terms in 2018

To resolve the issue of payments to the victim and insurance organizations, a limited time is given. Within 5 calendar days, an application for an insured event must be sent to the insurance organization, which is given 20 working days to transfer funds for restoration repairs or submit a justified refusal of compensation. If the twenty-day deadline is not met, the company faces fines for delay - it will have to pay the victim a penalty at the rate of 1% of the insurance for each day of delay, but within the limits of the entire insurance premium under the contract.

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The President signed changes to the law on compulsory motor liability insurance to replace cash payments with repairs. The changes will come into force on April 28, 2017 and will only apply to MTPL agreements that were concluded after this date.

Until the law comes into force, all car owners can choose cash compensation. After this date, victims will be paid monetary compensation if the person at fault for the accident took out compulsory motor liability insurance before April 28 and his policy is still valid. If the policy of the person responsible for the accident was issued after April 28, it will no longer be possible to choose a cash payment. Money will only compensate for damage as a last resort.

And after another six months, it will be possible to apply for direct compensation, even if more than two cars are involved in an accident.

Payment in kind 🔧

As it was before?

Previously, there were two options for compensation under compulsory motor liability insurance: the insurance company paid the victim money taking into account wear and tear or transferred the same amount to the car service center. The car owner paid the difference for the repairs himself. If you wish, you could refuse the repair and take the money.

Ekaterina Miroshkina

economist

This was used by cunning car lawyers who helped car owners sue for compensation and illegally enrich themselves. Fraudsters set up car stands on the roads to get insurance money. Finally, honest guys could take the money and repair the car themselves, then there would even be enough for new spare parts.

What changed?

Now, after an accident, in most cases, the victim’s car will be sent for repairs and the insurance company will pay for the work of the service center and spare parts, which they will evaluate according to the Central Bank’s methodology.

Who cannot choose the method of compensation. Cash payments by choice were canceled only for passenger cars that are registered in Russia and owned by Russians.

How damage is compensated. If an insured event occurs, the insurer will inspect the car and, after the examination, issue a referral for repairs. All spare parts for repair must be new. Used ones will be delivered only if you enter into an agreement with the insurer, and he may not agree. The insurance company will calculate the cost of repairs using the Central Bank methodology, taking into account various parameters. According to this method, for example, painting of parts is not always included in the costs or they are not completely painted. The cost of spare parts, as a rule, is paid not by receipts from the store, but by reference books and average statistical data. The same goes for paying for car service. If the insurance payment according to the Central Bank's method is not enough to put the car in order, the car owner will make up the difference from his own pocket.

Referral for repairs issued within 20 calendar days after the insurance company has accepted the application. For repairs at a car service center not on the insurer’s list, a referral may be issued within a month.

Repair period. All work must be completed within 30 working days. The period is counted from the moment the car is handed over to the service center. The term can be increased only if the repair technology requires it and the victim does not mind. If the repair is delayed, the insurer will pay a penalty.

Repair warranty. Body work will be guaranteed for at least a year, and the rest - six months.

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Where will they send it for repairs? Each insurance company will have a list of car services with which it has entered into contracts. There may be many car repair shops, but not just any of them will send a particular car for a particular person for repairs. According to the law, the service station must be located no further than 50 km from the scene of the accident or the victim’s home.

If the insurer pays for a tow truck to a car service center, then it can choose any one at its discretion. That is, if an accident happens on a highway 300 km from the car owner’s place of residence, the insurance company has the right to send a tow truck and bring the car to the nearest car service center at its discretion - even to another city. In such cases, you need to remember that the insurance company is obliged to organize transportation of the car back and forth.

If the car is under warranty. The insurer must provide a referral to the car service center that has the right to service cars of a specific brand under an agreement with the manufacturer or dealer. If such a service is not on the insurer’s list, you can agree to have the repair done at another service offered by the insurance company. Or you can disagree and then take the money.

The law has an interesting clarification: this condition applies only to cars no older than two years. It turns out that if the manufacturer gives a warranty for a period of three or five years, and the insurance company does not have a suitable car service center, then it will issue a referral for repairs wherever it wants and will not offer a cash payment. This is strange, and there will probably be further clarification on this matter.

How to choose a car service. When applying for an MTPL policy, you can indicate in your application a specific car service center where, in the event of direct compensation for losses, the insurance company will issue a referral for repairs. By default, a service station must be selected from the insurance list, but if you agree, you can specify another car service, even if it is not on the list. All agreements must be recorded in the application, and the insurer’s consent must also be obtained in writing.

If for some reason the insurance company cannot organize repairs at a selected car service center from its list or by written agreement, then you can also demand payment.

If the repair was done poorly. If the car was sent for repair, and the car service did not complete the work on time or did it poorly, you first need to write a claim to the insurance company and ask them to correct the shortcomings. If it is impossible to eliminate the shortcomings, you should first apply for compensation to the insurer and only then go to court.

When will the money be paid? Monetary compensation is due if:

• the car cannot be restored,
• the victim died, and the relatives do not want to repair the car,
• the victim in an accident suffered moderate or severe harm and he chose payment,
• the victim is disabled and has a special car,
• the insurance amount is not enough to pay for repairs,
• mutual responsibility is established,
• the victim refused to have the car repaired under warranty at a car service center that does not have an agreement with the manufacturer,
• the insurance company and the victim agreed on compensation in money,
• The Central Bank prohibited the insurance company from compensating for damage through repairs.

What happens, I won’t be able to get money even if I repair my car myself? Or maybe I don’t want to repair it at all and am going to sell it?

No one can get money at will. The list of cases when money will still be paid is closed. You can try to negotiate with the insurance company, and if everything works out, the damage will be compensated in money. But if the insurer does not agree, you cannot force him: the car will have to be repaired and, possibly, pay extra for spare parts.

Why on earth should I pay extra if it’s not my fault? Give me the money!

The Central Bank's methodology takes into account many parameters - from the area of ​​damage to the body before the accident to the amount of brake fluid lost during repairs. The car owner cannot demand to fill in the specific brand of oil that he is used to, or to install expensive spark plugs, even if these were the ones that were installed before the accident. The insurance company will calculate the cost of repairs according to its reference books, taking into account the condition of the car before the accident and examination data. As a result, there may not be enough money to pay for all the work and spare parts. The insurance company will pay only what is required according to the Central Bank method, and the difference will be paid by the car owner at his own expense.

To reduce the surcharge, negotiate with your insurance company to install used spare parts. For example, buy a bumper for painting at a salvage shop, or maybe you have some parts from an old car. Such consent must be provided in writing to the insurance company.

Even if you are not at fault, OSAGO is unlikely to cover all repair costs. But the Constitutional Court allowed to demand additional payment without taking into account wear and tear from the culprit of the accident, and now you can receive the full amount of damage.

I have a valid MTPL policy. What should I do?

You don't need to do anything now. Until April 28, you can choose to compensate for damage in money or repairs. And then the type of compensation will depend on the date of registration of the policy of the culprit of the accident.

When your policy expires, carefully choose the insurance company you contact to claim direct compensation for your losses. Now it is important which car services insurers have contracts with. Previously, you could not pay attention to this, and if the car service does not suit you, take the money and go wherever you want. Now you can't.

Insurance companies are required to post a list of car services on their websites - this is a legal requirement. There will be not only a list and addresses, but also terms of work, and even brands of cars that they can service. Study the sites before applying for an MTPL policy! If there are no grounds for direct compensation for losses and you have to contact the insurance company of the person responsible for the accident, you will choose from those car services that are on its list

Ask a service you trust which insurance companies it is accredited with. Choose an insurer from this list.

Collect receipts for the purchase of spare parts that you change yourself. They will be useful for court or examination.

If an accident occurs, make sure that you complete the paperwork so that you do not lose the opportunity to apply for direct compensation for losses from your insurance company.

I'm just going to buy a car. What should I do?

If you are buying a new car and want to maintain your warranty, ask your dealer for a list of authorized services. For compulsory motor liability insurance, choose an insurance company that has an agreement with them. Even if you contact the insurance company of the person responsible for the accident, demand a referral to an authorized service center or a monetary payment.

If you are buying a used car, ask the seller for documents for parts that he recently replaced.

If you choose an expensive used car, consider whether you can pay extra for repairs when replacing spare parts under OSAGO. Now you won’t be able to get a payment and have it repaired in a friend’s garage.