Examples of payments for road accidents. In what cases will compulsory motor insurance insurance be paid or not paid?

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

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

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

Let's take a look at the various issues.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The insurer is responsible to you.

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

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

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

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

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

  • the car is destroyed - in other words, the car is written off as “total”
  • your death
  • you have suffered serious or moderate harm to health and you have received an application for payment
  • you are disabled and you have received an application for payment
  • if the cost of restoration repairs exceeds the liability limit (by at the moment this is 400,000 rubles)
  • The insurance company does not have the opportunity to organize repairs at the service station with which it has an agreement
  • you have an agreement with the insurer to pay in cash
  • if the Central Bank, in the event of repeated violations by the insurer during the year of the rules for in-kind compensation, will limit its right to send for repairs
  • none of the service stations with which the insurer has an agreement meets the mandatory requirements required by law

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

  • The period for repairs at a service station does not exceed 30 days
  • The service station is located no further than 50 km from your place of residence or the scene of the accident
  • The service station must have an agreement with the manufacturer or distributor of cars of this brand, if your car is no more than 2 years old (see answer to question No. 4)

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

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

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

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

8. Pitfalls of repair under MTPL

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

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

Meanwhile real life brings surprises.

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

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

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

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

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

This is financial protection for the driver in the event of an accident. What payments can be received under compulsory motor liability insurance in the event of an accident? More on this later in the article.

Amounts of insurance compensation for compulsory motor liability insurance in the current year

According to latest changes In the legislation on compulsory motor vehicle insurance, the amount of insurance coverage has increased significantly. Insurance compensation for damage to a car today is 400,000 rubles, and for damage to life and health - 500,000 rubles (No. 223-FZ dated 21.07.14).

The numbers are quite impressive and indicate the maximum amount of payments. To obtain a digital compensation indicator, many factors are taken into account, such as:

  • machine wear;
  • nature of damage;
  • market value, etc.

As a rule, the amount of insurance compensation under compulsory motor liability insurance ultimately turns out to be much more modest. maximum values, so you shouldn’t count on decent compensation.

According to Part 21 of Art. 12 Federal Law No. 40, payments are made within 20 working days from the date of consideration of the application by the insurer.

Important! Previously, the policyholder could choose between receiving monetary compensation for damage to the car and carrying out repair work. However, since May of this year, amendments have been made to the law, according to which priority is given to compensation in kind (Federal Law No. 49 of March 28, 2017). That is, now in the vast majority of cases, insurance compensation will be made by organizing or paying for restoration repairs of the damaged vehicle.

Payments for road accidents with victims

If there are injured participants as a result of the accident, then first you need to do everything necessary to send them to the hospital. IN in this case Payments to people injured in road accidents are made in accordance with the injuries received.

As already mentioned, the maximum coverage under compulsory motor liability insurance in the event of damage to life and health is 500,000 rubles, but in practice the insurance company pays a fixed amount for each case. Let's look at these cases further in the table:

The rules for compensating for loss of health under compulsory motor liability insurance for road accident participants imply monetary payments in an amount depending on the degree of damage. So, with internal bleeding up to 1 liter, the victim will receive 35,000 rubles, which is 7% of maximum size. For greater blood loss, the payment will be 10%, that is, 50,000 rubles.

Basic list of documentation required to receive insurance compensation for personal injury:

  • application for insurance compensation;
  • certificate of accident;
  • notification of an accident;
  • a copy of the offense report;
  • a copy of the passport in certified form;
  • power of attorney from the victim's representative;
  • Bank details of the victim for transfer of compensation.

Additional list of documents:

  • medical report on injuries and disability;
  • payment documents confirming the diagnosis;
  • document confirming disability;
  • income certificate;
  • certificate of family composition;
  • marriage certificate;
  • children's birth certificates;
  • death certificate of the victim.

Payments for fatal accidents

Since 04/01/2015, amendments have been made to Federal Law No. 40 to provide the victim’s family with funeral payments and financial assistance. This year, any relative of the deceased can count on such assistance.

Sum financial assistance is 475,000 rubles, for burial - 25,000 rubles (No. 40 - Federal Law, Part 7, Article 12).

If there are several fatalities in an accident, the insurer pays compensation to all families whose breadwinner died as a result of the accident.

Payments for an accident with a drunk driver

In the event of an accident due to the fault of a drunk driver, the conditions and amounts of insurance payments remain the same. The insurer pays the same insurance coverage to the victim as in other cases, but then the insurance company will demand the amount paid from the culprit through the court. In other words, a drunk driver involved in an accident will have to pay compensation out of his own pocket.

How to calculate compensation under compulsory motor liability insurance?

To understand how payments under compulsory motor liability insurance are calculated taking into account vehicle wear and tear, you need to know numerous nuances. For each type of components and parts, wear is calculated individually, and the calculation will be carried out exclusively for spare parts that are subject to complete replacement.

There are a number of items that are not subject to wear and tear. These include:

  • painting;
  • restoration work;
  • spare parts subject to restoration;
  • pillows;
  • seat belts.

To determine the cost of repairs, the region is also taken into account, since each of them has its own prices for spare parts. To find out which economic region you belong to, you need to go to the page of the official website of the RSA.

The presence of expensive equipment at service stations is also taken into account, the use of which is necessary to identify complex damage. If such equipment is not available, then this item is omitted and not taken into account when calculating.

To find out exactly how much compensation for repair work will cost, it is more advisable to involve experts who will competently make calculations.

If you have MTPL and CASCO insurance

If you purchased 2 policies at once - MTPL and CASCO, then the financial situation will be good for you, as the culprit of the accident: the insurance company will pay a certain amount to the victim under the MTPL policy, and you will receive payments from CASCO.

Is compensation paid to the culprit of an accident under compulsory motor liability insurance?

During a vehicle collision, there is almost always a culprit and an injured party. Mutual guilt is admitted extremely rarely. It was the culprit who provoked the accident, so only the injured party receives payment under compulsory motor liability insurance.

The culprit receives only a mark, which, upon further renewal of the policy, will reduce its class and increase the coefficient. The cost of insurance after an accident and payment of compensation to victims for the person responsible for the accident will increase.

If the insurance company refuses to pay under MTPL

According to Federal Law No. 40, if payments from the insurance company are overdue, the penalty will be 1% of the amount of compensation for each day. If the decision to refuse payment is delayed, then a penalty in the amount of 0.5% of the amount of insurance compensation will be charged for each day.

If the insurance company, for unjustified reasons, decides to reduce the amount of insurance compensation, then sanctions will be applied to it in the form of a fine amounting to 50% of the total amount of compensation.

Pay attention! In accordance with paragraph 3 of Art. 14.1 of the Law “On Compulsory Motor Liability Insurance”, the victim has the right to apply for health compensation not only to his insurance company, but also to the insurance company of the culprit.

So, payments under compulsory motor liability insurance are a great help to victims of road accidents, but compensation in any case will be less than the damage caused. And if you also count moral damage, then this is, of course, meager compensation. So there is only one piece of advice: do everything to avoid an accident on the road.

On April 28, 2018, new rules and changes were introduced to the law on natural compensation for damage under compulsory motor liability insurance (Federal Law No. 49). They prioritize repairs over monetary compensation and are valid in insurance contracts signed after this date. Only in extreme cases can you count on financial compensation. Please note: the new rules apply only to those contracts that were executed after the latest changes came into force.

The law in its previous form and its features

Previously, compensation under compulsory motor liability insurance could be made in two ways:

  1. Cash payment to the car owner (the insured amount under MTPL depends on wear and tear).
  2. Transferring money for repairs to a car service center.

Often the motorist had to pay extra for the difference in the cost of repairs. If the client wanted, he could refuse the restoration work and receive a sum of money.

This system had one big drawback - scammers organized auto frame-ups in order to receive insurance payments. A number of “competent” car lawyers provided drivers with their assistance in legal proceedings for the purpose of illegal enrichment. Sometimes motorists carried out repairs themselves, which even made it possible to install completely new spare parts without spending a penny. All this provided great freedom, which drivers lost after the changes came into force.

New refund procedure

Now in the vast majority of cases, after an accident, the car is sent to a service station. The insurance company pays for the necessary parts and services. The parts are assessed according to the methodology of the Central Bank of the Russian Federation.

Since 2017, insurance payments under compulsory motor liability insurance in monetary terms have been canceled only for passenger cars registered in the Russian Federation and owned by citizens of the country.

When advancing insured event the insurer will inspect the vehicle and conduct an examination. The results obtained will serve as the basis for referral for repairs instead of compulsory motor liability insurance payments, as was previously the case.

According to the rules, only new components must be installed on cars. When concluding an agreement with an insurance company, aftermarket parts may be used. To calculate the cost of repairs, the Central Bank's methodology is used using various parameters. For example, it may not include painting of parts or may involve partial painting. The basis for paying the cost of services and spare parts is usually the average statistical prices or information from directories. If the money calculated using the method is not enough to restore the car, the owner must pay the rest.

When to receive payment

According to the new rules, it is no longer possible to choose between receiving payment or repairs under compulsory motor liability insurance in 2018. But in some cases, you can receive financial compensation from the insurer:

  1. A car cannot be restored after an accident.
  2. The damage was caused to an object other than the vehicle.
  3. The amount of damage repair exceeds 400 thousand rubles.
  4. The insurance company cannot fulfill its obligations under the contract in any way other than payment.
  5. The owner of the car is a disabled person of group I or II, and he asks in writing for monetary compensation.
  6. The owner of the car received an insurance policy through the international insurance system.
  7. The registration of an accident took place without a police officer (allowed when the damage is within 50 thousand rubles). But later it turns out that the repairs will cost more, and the car owner is not going to pay extra out of his own pocket.
  8. Death of the victim.

Amount of insurance payments

The legislation sets maximum insurance amounts according to compulsory motor liability insurance in 2018:

  1. 500,000 rubles. When it is necessary to compensate for the harm that was caused to the life or health of the victims.
  2. 400,000 rubles. To compensate for damage caused to the property of victims.
  3. 50,000 rubles. When documents about an accident are prepared without the participation of a traffic police officer.
  4. 475,000 rubles. Upon the death of the victim. An additional 25,000 rubles may be paid to reimburse funeral costs.

The calculation of the amount of payment under compulsory motor liability insurance is based on Unified methodology calculating the cost of restoring a damaged vehicle, taking into account the wear of parts and assemblies that must be replaced. It may differ from the actual cost of repairing the damage. The formula for calculating the amount of vehicle repair costs uses various coefficients and parameters, including the service life of an element, component or unit.

Constitutional Court Russian Federation defines the terms of payments under compulsory motor liability insurance differently. Thus, its resolution No. 6-P dated March 10, 2017 states that damaged parts and assemblies should usually be replaced with new ones. Full compensation for damage is carried out to the condition in which the parts were before the accident. The victim is not obliged to look for spare parts with a level of wear that need to be replaced. This means that the owner of the damaged property is not enriched.

The court held that when the amount of payment to the injured party is not enough to compensate for the damage caused, the missing amount can be recovered from the person who caused the damage.

Compensation in kind under compulsory motor liability insurance according to the new rules

The Law “On Compulsory Motor Liability Insurance” establishes the need to conclude an agreement between the insurer and the service station. It must indicate the responsibilities of the car service center to repair the damaged vehicle of the victim. The insurer undertakes to pay for this repair as part of the insurance claim in accordance with Russian legislation.

The insurance company may enter into agreements with several technical services; in this case, it will be necessary to conclude a number of contracts.

Referral for repairs

Article 12 clause 15.1 of the law “On compulsory insurance civil liability of owners vehicles» obliges the insurer to provide the client with a referral for repairs to a service station upon the occurrence of an insured event. Before this, the company inspects the damaged vehicle and conducts an independent technical examination.

A referral is a special document to a specific service station. If the driver uses the services of another car service, the insurance company may refuse to reimburse the costs.

When you need to pay for repairs from your wallet

Article 12 paragraph 17 establishes cases in which the victim will have to pay part of the restoration work. This may be a situation where the cost of repairs is higher than the maximum amount of compensation.

Additional payment is made in the following situations:

  1. The cost of restoration work is more than 400 thousand rubles.
  2. The cost of restoration work is more than 50 thousand rubles (the accident was registered without the participation of the traffic police, according to the European Protocol).
  3. Every participant in an accident is guilty.

In each of the situations described above, the victim can decide what to receive under compulsory motor liability insurance: repairs or payment.

Is there a warranty for repair work?

In accordance with paragraph 12 of Article 15.1, the car service must provide a guarantee for the following periods:

  1. From 12 months – for painting and body work.
  2. From 6 months – for other types of work.

The workshop may independently decide to set an extended warranty period. This step will provide an additional advantage - clients will have less doubt about the quality of the services provided.

If deficiencies are found after repair, the vehicle should be rebuilt. Sometimes the contract with the insurance company states that if defects are discovered, monetary compensation is due.

Conducting technical expertise

If the victim does not agree with the assessment of damage received in an accident, he can initiate his own independent examination. In this case, the following procedure is usually followed:

  1. Selecting an expert organization.
  2. Submitting an application, discussing the time and date of the vehicle inspection.
  3. The insurance company or the culprit of the accident must be warned in advance about the independent examination. The other party should send a telegram with the time and place of inspection three working days in advance.
  4. Conclusion of an agreement indicating the cost of services and responsibilities of the parties.
  5. Before submitting the car for inspection, it should be washed thoroughly and the trunk should be empty. If the luggage compartment or hood cannot be opened, notify the expert about this in advance.
  6. Development of documents regarding the car or its damage.
  7. Inspection of the vehicle.
  8. Drawing up an act and report. They indicate necessary work, their prices and other points.
  9. Calculation of the cost of restoration work, drawing up an estimate indicating spare parts that need replacement.
  10. Determining the degree of wear.
  11. Determining the loss of market value of a car. Not always required.
  12. Determining the average market value of a car before an accident. This is done to determine the usable remains if the car cannot be restored.

So, what is better under compulsory motor liability insurance: money or repairs? In most cases, it’s money, because, firstly, you can choose a car service yourself, and secondly, you won’t have to pay extra for wear and tear from your own pocket.

However, you can always call Honest experts, who will provide detailed advice on your situation. It's free.

According to the new legislation, the cost of a compulsory motor liability insurance policy has increased since April for all vehicle owners. Starting in October 2015, there were changes to coverage payments for hardware damage.  The payment limit for compulsory motor liability insurance in 2019 increased to 400 thousand rubles. Any victim involved in an accident has the right to contact Rosgosstrakh, and then receive payment in full. The law is valid for both individuals and legal entities. If the culprit of the traffic accident concluded a contract before October, the calculation of damages is carried out at the previous rates applied at the time of registration insurance policy.

In the event of injury to health, the injured person has the right to count on an increase in insurance payment up to 500,000 rubles. If several cars are damaged in an accident, the owner of each of them will be able to receive payment; in this case, proportional division among all is excluded. If one of the participants died during the incident, 25,000 of the required 500,000 rubles are allocated for burial. In this case, the amount is divided equally between all relatives of the deceased.

What is the difference between payments in previous years and 2019?

Damage during an accident amounts to millions, as a result of which legislation has limited the maximum amount of payment under compulsory motor insurance. Transfers in favor of the injured person are also limited.

Limit of payments under compulsory motor insurance in 2019

The adopted law provides protection for insurance companies from financial losses and makes it possible for victims of road accidents to receive insurance payments without lengthy litigation. When concluding an MTPL agreement, it makes sense to pay attention to the payment limits for MTPL in 2019 years and terms repayment.

Insurance cases Recipients Legal acts Maximum size
Compensation for damage to the property of the victim from the party involved in the accident All victims, regardless of their number Federal Law No. 223, with an addition to subparagraph “b” of Article 7 of Federal Law No. 40 400,000 rubles
Reimbursement of expenses spent on restoring a vehicle damaged in an accident Victim of an accident whose car was damaged Federal Law No. 40 50,000 rubles
Reimbursement of funeral expenses for persons killed in road accidents Close either distant relative deceased Federal Law No. 40 475,000 rubles or 50,000 rubles
Compensation for damage without calling the traffic police (drawing up a European protocol) Exclusively to one victim (if there is a larger number, drawing up a European protocol is impossible) Federal Law No. 40 50,000 rubles

The insurance company sets its own limits. This means that their size will not be lower than the amounts prescribed by law. The limits in force in 2019 have been established Federal Law on OSAGO No. 40 dated April 25, 2002 with additions and amendments dated November 2015. Read more about the features of receiving payments from the largest insurers.

How to get the maximum payment under compulsory motor liability insurance

Despite the fact that the maximum payments under compulsory motor liability insurance in 2019 increased significantly, not the entire amount, but sometimes an insignificant part of it, ends up in the hands of the victims. This happens when the insurance company limits itself to minimum payments under compulsory motor liability insurance.

How are the amounts of compulsory motor liability insurance payments to victims calculated?

The methodology for calculating the amount of insurance payments is based on a table that lists possible injuries in an accident. Based on this table, insurers...

After an accident, the insurance company evaluates the damaged vehicle, taking into account wear and tear. Often the insurer also focuses on the number of victims in the incident. There are hidden pitfalls here - if the victim has a domestic car with significant mileage, the insurance company does not often set a payment limit sufficient for repairs.

Achieve justice and increase the maximum amount of payment for insurance, preferably in pre-trial procedure. Otherwise, before which it is necessary to conduct an independent examination at your own expense. If the injured person is confident that he is right, it is worth filing a claim with the insurance company, since initially the work of insurers is based on making a profit, and not on ensuring the maximum payment under compulsory motor insurance.

What to do to receive payments

  • The injured person does not have the opportunity to influence the calculations of insurance coverage, so it is necessary to receive payment in whatever amount it is.
  • If the insurance payment still does not suit the injured person and you want to receive compensatory insurance payments in maximum amount, you must submit a documented written claim to the insurer.
  • If the additional payment is not credited to the victim’s account within 5 days after filing the claim, it is necessary to draw up a statement of claim and send it to the registration address of the insurance company.

How to get maximum compensation for damages from an insurance company in case of an accident? See the answer in the video:

More information can be obtained by asking questions in the comments to the article.

An accident on the road is a source of trouble not only on the day it happened, but also in connection with possible consequences. One of these consequences may be a protracted process of paying the insurance amount to the injured party.

Insurance payment after an accident

Since April 28, 2017, amendments to the Law on Compulsory Motor Liability Insurance have been in force, providing that compensation for motorists injured in road accidents will be made mainly in the form of repair and restoration work, paid service center directly by the insurance company. But insurance payments in cash still remain, although they have become smaller.

Read more about changes to the law on compulsory motor liability insurance and new rules for insurance payments.

The point is that new order compensation is valid only under newly concluded insurance contracts, and how effective it is will become clear no earlier than the second half of 2018. For old insurance contracts, the same compensation procedure applies. In addition, by agreement with the insurance company, the monetary form of compensation remained in the new version of the law. Including in cases where there is no qualified car service nearby: no more than 50 km from the victim’s place of residence or the scene of the accident. That is, the innovations in the Law are not very applicable to those who live in the outback. It is not for nothing that the new edition has already been dubbed “the law for cities with a population of one million.”
At the same time, understanding and correct implementation of actions after an accident will help save time and nerves, and receive adequate compensation, especially if the process is delayed by insurers.

Step-by-step procedure for receiving insurance payment

If the accident resulted in no injuries, only two cars were involved, and the parties have no disagreements about what happened, a European Protocol is drawn up, recording the absence of discrepancies between the parties in assessing the situation.
In this case, receiving an insurance payment is practically not connected with the involvement of the traffic police authorities in the process.
If the participants in a road accident disagree, then the participation of representatives of the traffic police in the process is required, and then this has a direct impact on the procedure and speed of processing the insurance payment.

Detailed instructions and algorithm of actions in case of an accident

2. Procedure if it is necessary to obtain documents from the traffic police.

The first action is notification.

Notify the traffic police and insurance company the accident must be reported as quickly as possible. First of all, this concerns representatives of the traffic police; they will subsequently appear in the insurance case. Exchange the following information with the other party involved in the accident:

  1. Insurance policy data (number, series, validity period).
  2. Passport details of the participant in the accident.
  3. Vehicle data.
  4. Data special sign(if available).

The second step is preparing documents.

At this stage, obtain a certificate from the traffic police about the traffic accident. When receiving a certificate, primary attention should be paid to the presence in it of a list of visible damages. The more detailed the damage received is described, the easier it will be to subsequently defend the amount of fair compensation.
Sometimes insurance companies require an extended certificate from the traffic police, which indicates additional aspects of the circumstances of the incident, including physical condition driver at the time of the accident (whether the driver was under the influence of alcohol or drugs).
In addition to the certificate, the set of documents from the traffic police should include:

  • protocol of administrative violation (copy);
  • decision or refusal to initiate proceedings on administrative violation, provided that they were received by the traffic police.

Check the completeness of the information in the notification of an accident, filled out directly at the scene of the accident. Special attention Pay attention to complete information about the other party to the accident: name and contacts (telephone, fax, e-mail) of his insurance company, details of his insurance policy (series, number, date of issue).

Video: What points need to be taken into account in the event of an accident. OSAGO.

The third action is the official notification of the insured event.

At this stage, the driver must notify the insurance company about the occurrence of an insured event within 5 days from the date of the accident. This can be done by telephone, informing the representative of the insurance company of the available information about what happened and about the second participant in the accident. At the same time, it is important not to forget to write down the details of the manager with whom negotiations were conducted and the number of the insurance case that this specialist is required to open.
The call should be supplemented by sending notification of the accident to the insurance company by fax or email. WITH legal point It's even better to do it by mail by registered mail with notice.
Sometimes insurance companies scare clients with sanctions for failure to comply with notification periods about an accident. It is important to remember here that the law does not provide for any sanctions for this, and even more so, this cannot be a basis for refusing insurance payment. If such a refusal follows, it is necessary to go to court: the practice of such cases shows that the applicants win the courts. Another thing is that it is useful to stock up on documents explaining the untimely notification of the insurance company (sick leave, travel certificate, vacation order).

Step four – submitting documents to the insurance company.

If the driver is the culprit of the accident and does not claim insurance compensation, he must submit documents to the insurance company within three days from the moment of the accident, otherwise a recourse claim for damages from the company itself is possible: it will pay the damage to the victim, and will try to recover the amount of damage from the culprit sides.
If the driver is recognized as a victim, he submits to the insurance company, in addition to the certificates, protocol and resolution from the traffic police mentioned above (at the preparation stage), the following documents:

  1. Application for payment of compensation.
  2. Documents for the car in a copy: STS, PTS, OSAGO policy, power of attorney, if the applicant represents the interests of the owner of the car.
  3. Passport (copy).
  4. Confirmation of the call for inspection (copy of telegram, fax, etc.).
  5. Damage assessment report.
  6. Documents confirming the expenses incurred by the applicant after the accident (postage costs, expenses for additional examinations, etc.).

Step five – examination.

Inspecting the car to identify, describe and assess damage (examination) is perhaps the most important in the procedure for paying compensation. The technical expert who conducts the examination often treats the process superficially, does not describe all the damage, and therefore underestimates the cost of compensation. The expert’s reluctance to take into account the comments of the injured party is a reason to turn to the assessment and, guided by their conclusion, defend their rights.

Step six – payment of the insured amount.

The legislation allows no more than 90 days for payment to be made to the insurer. If the applicant submitted all the information on time necessary documents, and payment is unjustifiably delayed or even questioned by the company, the victim in an accident has the right to go to court and has a good chance of receiving not only compensation itself, but also penalties for the insurance company’s failure to meet payment deadlines.