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The sum insured accident. Insurance payments after an accident

One of the main questions that worries a driver who got into an accident is what are the terms of payments for OSAGO in case of an accident in 2019. Often, drivers have to go through the courts to enforce deadlines by insurance companies, or even collect the missing compensation from them. Only an experienced lawyer can help with this, you can get advice from him right now by calling the numbers below.

After how much insurance should transfer money under OSAGO

After an accident, many drivers are interested in the question of how long the insurance company should transfer money for. The presence of issued papers suggests the possibility of obtaining funds for the repair of your own car. Because of what people are constantly interested in the timing, which has long been a "stumbling block".

Using the phone number listed above, you can get a quick consultation from an experienced lawyer. He will tell you how to correctly determine the deadlines, and also indicate how to claim a surcharge in case of delays. Drivers should seriously consider professional support. Otherwise, you will have to independently apply to different authorities in order to achieve justice.

Payment terms for the insurer

In accordance with the legislation of the Russian Federation, the insurance company must pay the established amount within a certain period of time. She used to do this allocated 30 days without days off and holidays, which allowed for unhurried verification of documents and examinations. As a result, the mandatory motor third party liability did not allow to urgently receive money for the restoration of the vehicle.

The fine for an overdue OSAGO policy has to be paid in a short time, but the other side has other options. In 2017, the question of how long the insurance company must pay damages due to an accident has changed a lot. The funds should now be credited to the account in 20 days. Otherwise, penalties begin to operate, providing for the mandatory recalculation of the final amount. Typically, the firm prefers customers on time so as not to go broke.

Important! There are no good reasons for changing the terms of payment, therefore, after an official written refusal, the driver will be able to go to court.

Terms of application to the insurance for the driver in 2019

The company must pay funds in accordance with the terms of the autocitizenship in the absence of violations by the driver. You should not ask the question, after how much the insurance company should transfer money under OSAGO if the appeal did not occur on time. For this reason, a person may receive a refusal, which is possible, but it will take several weeks.

Before maximum circulation period was 15 days, and after the changes in 2018 it was only 5 days. This condition should be remembered without fail, since a delay will most likely result in a refusal to pay. Yes, it's easier than preparing documents for an insurance company, but it's worth the effort to get the amount due.

If the driver misses the deadline for applying for payment, it will be very difficult to restore them.

What determines the established terms of payment for OSAGO?

If the driver handed over the documents in a timely manner, the company is obliged to pay money under OSAGO. No one will refuse this, and the transfer will be made exactly on time. After that, if you wish, you can file a lawsuit, which usually happens, since the amount does not suit the car owner. The process that has begun will be the only reason for postponing the transfer.

Payment under OSAGO, the terms of which are strictly established by the legislation of the Russian Federation, is made without delay. The entity obliged to transfer funds is well aware that after the end of these days, penalties are charged. Corresponding, the dimensions begin to gradually increase, becoming a pleasant surprise for drivers.

What to do when the insurance company delays compensation?

How long does it take for the insurance company to pay out the money? Exactly 20 days later, otherwise, interest is charged in favor of the client. Forfeit remains the single most effective way to claim due funds from companies. In practice, alternative options do not give any result, so lawyers unambiguously call them ineffective.

The legislation of the Russian Federation provides for a penalty for delay, so that at the next appeal and refusal, explanations should be obtained in writing. Based on them, an experienced lawyer will quickly prepare a claim for filing with the court and subsequent recalculation. He can not only challenge for overdue insurance, but also use the existing articles to receive a penalty.

Important! It is always easier to negotiate with the insurance company, but in some cases you have to exercise your own rights and start legal proceedings.

Pre-trial peace agreement

When wondering how long the insurance company should transfer money, a person must understand that a professional can take advantage of the situation. Having prepared an application, it must be handed over to the insurer for review, for which only 5 days are given. Then you can safely go to court.

Usually the decision is made in favor of the driver, regardless of the involvement of the insurance company. Practice shows that such litigation rarely suits the other side, so the question of how much the insurance pays out money disappears by itself. They are transferred in a short time, excluding additional amounts for delay. Situations like this are slowly becoming commonplace, so it's always a good idea to contact a lawyer to quickly resolve the situation.

The size of the penalty for delay in the transfer of OSAGO

How long does it take for an insurance company to pay out OSAGO? The deadlines have been set, but their changes in 2017 have become a pleasant advantage for car owners. Previously, for each day of delay, the company had to give the client an additional 0.11% of the total amount, which remained not a serious enough impact, now the legal provision has changed.

In accordance with the new regulation from 2017, insurance companies are required to transfer penalties in the amount of 1% of the total amount for each day of delay. The ninefold difference turned out to be a tangible difference that greatly influenced the fulfillment of the established responsibility. Now the second party is trying to fulfill its obligations in a timely manner, as the size of payments is increasing at a tremendous speed.

How long does it take for an insurance company to pay out OSAGO? The maximum period is only 20 days, and then penalties begin to apply. Using the services of a lawyer, you can force the other party to fulfill the terms of the contract, paying the money in full.

To quickly receive payment as a result of an accident is a burning desire of the car owner. But not all insurers pay damages. Sometimes you have to go to court. For more information about what insurance payments can be in case of an accident, read on.

Concepts

The OSAGO policy insures the damage caused by the driver of the vehicle to the life, health or property of other persons. That is, in theory, the insurance company (IC) should pay. In the case of a "rebound", when both drivers are to blame, the amount in an accident depends on who is more to blame for the accident and who suffered less losses. Most often, these issues are resolved through the courts.

Legislation

From September 1, 2014, the maximum payment for OSAGO in case of an accident, drawn up by a European protocol (without the participation of a traffic police officer), increases to 400 thousand rubles. The maximum compensation for worn parts is 50%. The victim can apply for compensation only in his IC. A decision is made within 20 working days from the date of receipt of the application. The client has five more to re-apply if he is dissatisfied with the previous result.

From 01/01/2014, the Bank of Russia allowed vehicle owners to file an accident according to the European Protocol, even if a person has CASCO or DSAGO. At the same time, ICs do not have the right to demand additional documents from clients. The term of payment cannot exceed that established by the agreement. For violation of this rule, the company will have to pay a penalty of 1% of the amount.

From October 1, 2014, the maximum payment for OSAGO in case of an accident for damage caused to a car is increased to 400 thousand rubles. Limit wear reduced to 50%. But in order to receive such compensation, the client will need to additionally provide a photo or video filming, which was carried out using technical means, devices with GLONASS or other navigation systems.

Refusal to pay

The legislation does not provide for compensation if:

  • The driver was a person not listed on the policy.
  • The damage was caused by dangerous goods.
  • Compensation for non-pecuniary damage is not provided for by the auto-citizen policy at all.
  • Causing damage as a result of sports or educational activities, if the perpetrator was on a specially equipped site.
  • The payout amount exceeds the established limit.

In addition, there are cases when compensation for damage in case of an accident (OSAGO) is carried out, but the insurance company has the right to regress:

  • If the harm was caused by an uninsured person.
  • If the driver was without a license.
  • During the period of time when the accident occurred, it was not active.
  • If the perpetrator fled the scene of the accident.
  • The driver was in a state of alcoholic, toxic or drug intoxication.

Damage exceeds liability limit

Despite changes in the legislation, the currently existing CMTPL payments in case of an accident will not be able to compensate for the repair of expensive foreign cars. Even if the owners of "cool" cars receive a CASCO payment, the insurance company will still put forward a regression claim to the culprit. Further events can develop according to such scenarios.

1. The culprit can always dispute the amount claimed by the plaintiff by requesting an additional examination. Most often, the court accepts a new calculation. But it is not always possible to "knock off" the amount to 400 thousand rubles. - the limit that is covered by the insurance company. But if the affected car was under warranty, then it will be extremely difficult to dispute the amount of damage.

2. Sometimes it pays to settle. For example, if the amount of damage exceeds 400 thousand rubles, the perpetrator admits his mistake, is ready to compensate for the damage, but not immediately, but in parts. Going to court will only increase the costs of the plaintiff, but will not bring any other result.

3. If there is only one victim and two perpetrators, then the victim can be counted on a double amount of compensation, since legislative restrictions are evenly distributed on each policy.

Voluntary insurance

If the amount of the payment under OSAGO does not cover all the expenses of the injured party, you can issue a DSAGO policy. Its cost is approximately 1 thousand rubles. It extends to amounts that are not compensated for by ordinary auto-citizenship. Coverage can reach up to 1 million rubles.

CMTPL payments to the person responsible for the accident

There are situations when the same driver is both the initiator of the accident and the victim. For example, if several cars were involved in an accident. Then the insurance company is obliged to compensate for the damage caused to another person, and the one that the driver received.

But if the company decides to fight for its money (and this happens in 90% of cases), then the issue will be resolved through the courts. If during the investigation two elements of the offense are revealed, the driver will receive payment only as a victim. There will be no compensation for an accident in which he himself is at fault. But if the court considers the case as one accident, then the money will be paid according to the standard OSAGO scheme.

Compensation for the amount already paid is another controversial issue. In practice, situations often arise when the culprit independently paid the damage to the victim, and then collected documents (accident scheme, certificate from the traffic police, results of an examination with damage assessment) and applied to the UK. The law does not provide for compensation for payments already made. Therefore, in such cases, a refusal always follows. Voluntary compensation for damage is the personal initiative of the perpetrator.

There was an accident: what to do?

First, try to calm down, turn on the emergency gang, turn off the engine and get out of the car. If there are victims, call an ambulance, call the traffic police and insurance. Try to find witnesses to the accident, take their contact details and testimony.

In no case do not move the car before the arrival of the traffic police officer. Take photos of the accident scene with your phone from at least four different angles (several shots each). Try to frame road markings and signs.

While you are waiting, issue a certificate of the accident and a statement of the occurrence of an insured event under OSAGO. Terms of treatment after an accident are regulated by the contract. The same as the form of notification (in writing, by phone, fax, etc.).

Upon arrival of the traffic police, actively participate in all clarifications. Describe in detail how the accident happened. Make sure that the scene map is correct. If you are the culprit, then try to provide some extenuating circumstances: poor road condition, broken traffic lights, lack of markings, limited visibility. And be sure to indicate that the accident was not intentional. Do not refuse a medical examination to determine alcohol intoxication.

Sign the protocol only if you agree with all the circumstances set out there.

Documents for an insurance company

  • accident report;
  • certificate from the traffic police;
  • insurance contract;
  • vehicle registration certificates;
  • driver's license;
  • policyholder's passport;
  • certificate of assignment of TIN;
  • power of attorney if the driver was not the owner of the car.

What payment for OSAGO will be made will be determined at the examination. Therefore, it is not recommended to repair the vehicle at your own expense before receiving compensation from the insurance company. By law, the company has 20 days to make a decision. In addition to monetary compensation, it is also possible to pay for the services of a service station to restore the car. Upon receipt of a referral for repairs, the client confirms a possible increase in the terms for fulfilling obligations by the company.

If the insured does not agree with the allocated amount of compensation and the quality of the repair work, he may challenge the decision. To do this, it is necessary to carry out an independent examination as soon as possible (it is desirable that the person responsible for the accident was present), obtain a conclusion and submit it to the company along with a new application. If in this case, the UK refuses to compensate for the repair of the vehicle, you need to go to court.

Conclusion

All car owners must have a civil liability insurance policy, which compensates for material or physical damage caused by the driver to a third party. Since September 2014, legislative changes have come into force, according to which OSAGO payments in case of an accident have been increased to 400 thousand rubles. regardless of the number of participants in the accident. Terms of submission of documents are regulated by the contract. As well as the form of notification: in writing, by telephone, fact, etc. The UK has 20 days to make a decision. All questions and disagreements are resolved first independently, and then through the courts.

How to get a payment for OSAGO after the insurance reform is very important for car owners. In the article below, we will consider who can receive money, and who can only receive repairs; what are the limits on the amounts paid under OSAGO; where and with what documents to apply to receive insurance compensation.

Persons entitled to reimbursement under OSAGO

The purpose of insurance indemnity under OSAGO is compensation for harm caused to life, health and property of persons who have suffered from the use of transport by other people. Such persons are called victims.

The victim can be a driver, passenger or pedestrian. At the same time, in the case when it comes to drivers, only the innocent can receive payment. An exception is in case of mutual fault in an accident, when each driver is also the victim, therefore he has the right to compensation under OSAGO.

IMPORTANT! A person who uses a car on the basis of a lease agreement or a power of attorney does not have the right to independently receive insurance compensation (in his own favor) against the damage caused to the car.

Consider, for example, several typical situations and the possibility of obtaining compensation under different conditions:

  1. If the culprit of the accident does not have an OSAGO policy, but the victim has one, the question of how to receive OSAGO payments is immediately removed. The damage must be compensated by the perpetrator - voluntarily or on the basis of a court decision.
  2. If the culprit is not included in the OSAGO policy, and the insurance is limited, the victim has the right to compensation, but the amount of compensation will be subsequently collected by the insurance from the culprit.
  3. If the perpetrator has an OSAGO policy, and the victim does not have it for any reason (the car has just been bought, the insurance period has expired, etc.), the victim has the right to receive a refund.

Available forms of insurance compensation

Damage to life and health, as well as to property that is not transport, is compensated only in money. To compensate for the damage caused to cars, the OSAGO legislation provides for 2 forms of insurance compensation (clause 15, article 12 of the law “On OSAGO” dated April 25, 2002 No. 40-FZ):

  1. Cash payment.
  2. Vehicle repair.

As a general rule, the owner of a car can choose what he wants to receive. This applies to all car owners, except for individuals - owners of cars. This category of citizens can only apply for auto repair, unless a specific situation falls under some exception made by law.

IMPORTANT! For cars insured before 04/28/2017, the previous rules apply until the end of the insurance period, i.e. their owners are entitled to the money in any case.

How to get a CMTPL payment after an accident instead of repair

Before contacting an insurance company, citizens who own cars need to understand what they can claim (for money or repairs), since the form of compensation should be immediately indicated in the application.

Repairs to such car owners will always be assigned, except for situations where (clause 16.1, article 12 of law No. 40-FZ):

  1. At least one mandatory requirement for repair in the insurance service cannot be fulfilled. There are 3 of them:
    • cars older than 2 years are repaired only by authorized dealers;
    • the repair period should not exceed 30 working days;
    • the car service center cannot be located further than 50 km from the place of the accident or the owner's residence (not taken into account when transporting the car to the place of repair by the insurer).

    In the absence of these conditions, with the consent of the car owner, repairs can be assigned, in case of disagreement, only payment is possible (paragraph 2, clause 3.1, article 15 of Law No. 40-FZ).

  2. Several drivers were at fault in the accident and the person who applied for compensation does not agree to an additional payment for repairs at the insurer's service.
  3. Repair is impossible (the car cannot be restored).
  4. Repair is possible, but the cost of it will exceed the limit of payments under OSAGO, while the victim does not agree to the surcharge.
  5. The victim died.
  6. The victim sustained an injury (severe or moderate) in an accident.
  7. The victim has a disability, while for medical reasons he needs a car.
  8. At the conclusion of the OSAGO contract, a specific repair service was agreed, but at the moment it is impossible to repair the car there.
  9. The insurer and the victim entered into an agreement on payment.
  10. The Bank of Russia revoked the right of the insurance company to send victims for repairs due to its violation of its obligations to ensure such repairs.

This is an exhaustive list of cases where a repair can or should be replaced by a payment. If your situation is not described in the list, you can only rely on repairs.

Limits of insurance payments

For each accident in which harm was caused using the insured car, the insurance company is obliged to pay to each victim (Article 7 of Law No. 40-FZ):

  • up to 400,000 rubles for damaged property;
  • up to 500,000 rubles for harm to life and health.

IMPORTANT! When registering an accident according to the European protocol, the maximum payment limit is 50,000 rubles. In this case, it is impossible to demand from the sum insured above this limit.

What can be done if it suddenly turns out that repairing the damage costs more? Nothing. Only car owners who have a repair priority set will be able to receive money instead. That is why it is necessary to assess the damage as carefully as possible before registering an accident without the traffic police.

Note: the limitation on the amount of compensation when registering an accident according to the European protocol does not apply in the territory of Moscow and the region, as well as St. Petersburg and the Leningrad region, if video and / or photo recording of all the circumstances of the accident and damage was made.

The amount of damage exceeding the specified limits is paid by the culprit. If he does not do this voluntarily, you need to go to court.

Types of damage indemnified under compulsory auto insurance

Persons who have received damage to their health in an accident receive compensation for all expenses associated with its restoration. These are the costs:

  • for rehabilitation;
  • medicines;
  • outside care;
  • prosthetics, etc.

The compensation also includes the amount of earnings lost by the victim due to disability.

IMPORTANT! Compensation for non-pecuniary damage under OSAGO is not paid. The culprit of the accident is obliged to pay it - voluntarily (in the agreed amount) or forcibly (in the amount determined by the court).

When the victim dies, the maximum amount is paid. It is distributed like this:

  • 25 000 rub. paid as compensation for burial expenses to those who actually incurred them;
  • RUB 475,000 are received by the relatives of the deceased specified in the law.

Compensation for damage to property under OSAGO is not limited to payments for damage to cars. All victims should also be compensated for damage to their property - items in the car and with them (for example, damaged clothes). Damage caused to cash, securities, art objects and other intellectual property items is not compensated under OSAGO.

Injured car owners can not only count on the amount corresponding to the cost of repairing the vehicle, but also demand compensation from the insurer for expenses:

  • to evacuate a car from the scene of an accident;
  • storage of a damaged car;
  • delivery of the victim to a medical facility;
  • repair of road signs, fences, etc.

Moreover, all this should be compensated in cases where, according to the law, the victim is entitled not to payment, but to repair.

Where to apply for an insurance claim

With injured passengers and pedestrians, everything is clear: they always apply to the insurance organization of the culprit of the accident. With drivers, everything is not so clear, and applying to the wrong company will result in a refusal to pay.

First, it is determined whether there are grounds for so-called direct damages, which assume that:

  • only cars were damaged (in the amount of 2 or more);
  • all cars were insured under OSAGO;
  • The accident occurred as a result of a collision of these cars.

If all of the above conditions are met, the victim applies to his own insurance company. Otherwise, you need to contact the insurer responsible for the accident.

It is also possible that the accident was registered according to the European protocol (that is, only cars were affected), the victim received compensation from his insurance company and only after some time discovered the health disorder caused by the accident. In this case, he must contact the insurance organization of the culprit.

Steps to receive payment, application for payment under OSAGO: sample filling

Filling out an accident notice should be the first action after an accident - it is impossible to receive an OSAGO payment without this document. Notification forms are issued at the conclusion of the insurance contract. If drivers file an accident with the participation of the police, then before contacting the insurance company, all documents relating to the accident must be obtained from the traffic police. It is important to make sure that they record who drove the cars, what caused the accident, who broke the rules.

To receive a payment, you need to submit an insurance application for insurance compensation for losses or direct (depending on which insurance company he applies to) within a period of no more than 5 working days from the date of the accident. The following documents must be attached to the application (clause 3.10 of the regulation on the rules for insurance of civil liability of car owners, approved by the Bank of Russia dated September 19, 2014 No. 431-P):

  • a notarized copy of the passport;
  • notice of an accident;
  • a certificate of an accident and documents confirming the initiation of an administrative offense case or a refusal to initiate one (if the accident was filed by the police);
  • account details (if a cashless payment is selected to receive the payment);
  • power of attorney (if the application is signed and/or submitted by the representative of the victim);
  • documents confirming the costs of restoring health (if harm was caused to health).

An application for insurance payment under OSAGO is filled out in accordance with the form established in Appendix 6 to Regulation No. 431-P. A sample form can be found on our website.

How are OSAGO payments made? Damage assessment, compensation terms

Before you can receive OSAGO payments, you need to inspect the damaged car. This is necessary to determine the amount of payment or repair costs and must be done within 5 working days (or within the same period the insurer must issue a referral for examination).

The victim is obliged to provide a car for inspection and / or examination, and the insurer - to inspect. The date of the inspection is determined by agreement. Consider the possible problems with this:

  1. The insurer did not show up for inspection. In this case, the victim has the right to conduct an examination of the damage at his own expense, after which the insurance company is obliged to reimburse the costs of it.
  2. The victim evades inspection. In this case, the insurer first agrees on a new inspection date, and if the transport is not provided again, it notifies that it is impossible to reimburse until the car has been inspected.

Examination is an optional event. It is carried out only if at the inspection stage the parties come to an agreement on the amount of damage. In addition to the examination of the victim's car, the insurer is also entitled to inspect the car of the culprit of the accident within 10 working days from the date of filing an application for compensation.

The deadline for transferring the payment or issuing a referral for repairs is 20 calendar days from the date of contacting the insurance company. In the case of a referral for repair to a third-party car service, the issuance period increases to 30 working days.

The justification for increasing these terms can only be the wrongful actions of the victim: evasion from providing a car for inspection, submission of an incomplete set of documents, etc. In other cases, the insurer will have to pay a fine in the amount of 1% of the payment amount (repair cost) for each day of delay.

As can be seen from the above, it is not always possible to receive exactly the money under OSAGO. At the same time, in any case, in order to receive compensation, it is necessary to draw up and collect a number of documents, correctly identify the insurance company and not miss the deadline for applying for payment.

Receipt of insurance payments in the event of an accident may be delayed indefinitely. Companies acting as insurers, in some cases, deliberately delay this process in order to delay payment or even avoid providing a certain amount of money to their client. In this scenario, the direct involvement of the judiciary is a vital necessity.

Before you get insurance after an accident, a sufficient amount of time can pass. In order to speed up this process, it is very important to be legally savvy.

Features of obtaining insurance

It should be noted right away that in case of compensation for damage, the case rarely goes to court. In order to declare your claims for payments, you must provide an insurance certificate from the traffic police. Here are the main points regarding the accident. In particular, the main causes of a traffic accident are noted, whether the client of the insurance company was drunk and whether he violated traffic rules. Some insurers require a mandatory extended certificate.

Standard certificate from the traffic police

In the body of such a document confirmed the fact of the accident. This certificate must include the person who was driving the car at the time of the accident. The number and make of the car are also indicated here, as well as a description of all visible damage to the car.

Extended help from the traffic police

Such a certificate includes more detailed information about all participants in a traffic accident. The following points are noted:

  • address of residence;
  • a series of driving licenses;
  • rights numbers.

In addition, the sobriety and sanity of drivers during a traffic accident is determined. Obtaining an extended certificate from the traffic police takes more time, but at the same time provides more detailed information about what happened.

Contacting your insurance company after an accident can be difficult. This trend is due to the fact that the insurer may require a court decision on the fact of an accident as an additional document during an internal investigation. This need arises if the company suspects that the client is cheating.

Important! The direct participation of the judiciary may be required if the parties cannot independently agree on the amount of payments.

The CASCO insurance program allows you to implement an accelerated settlement of the issue in case of damage to the most fragile elements of the vehicle. These elements of the car include:

  • headlights;
  • spoilers;
  • glass;
  • bumpers.

It is very important to note that such a resolution of the problem is possible if the amount of damages received varies within 2-5% of the total cost of the car. A significant advantage of this method is that the registration of an accident and the provision of a certificate from the traffic police is not necessary here.

Procedure for receiving payments

Obtaining insurance after an accident requires clear and decisive action from the client of the insurance company. To achieve a positive result, you should be very careful and follow the points prescribed in the contract.

Use of the Europrotocol

Provided that no one was injured in the accident and all participants in the accident fully agree with the current picture, then you can use the compilation of the so-called Europrotocol. None of the parties to the conflict should make any claims. In this case, all issues are resolved directly at the scene of the accident.

It should also be noted here that the CASCO insurance program implies the obligatory presence of the insurance commissioner, who must personally inspect and evaluate the scene. After that, the protocol is filled out and the insurance companies of the parties are notified.

In another scenario, there is a need for the presence of traffic police officers. It is they who draw up the scheme of the accident and, if necessary, can provide this information to insurance companies. One of the participants in the accident will be fined for violating traffic rules.

Alternative option

To get OSAGO insurance after an accident, you must perform a series of actions in a certain sequence. The resolution of this issue must be approached with all responsibility.

Step #1. Notification of the insurance company and traffic police

If it is impossible to resolve the situation through the Europrotocol, then you must immediately report the incident to the traffic police and the insurance company. At this stage, you should also exchange contacts with other participants in the accident. It is necessary to note the following points:

  • passport data;
  • insurance policy number;
  • a series of insurance;
  • special character number.

A special sign is mainly attached to the windshield. After that, you should wait for the arrival of a traffic police officer and a representative of the insurance company.

Step #2. Obtaining a certificate from the traffic police

After that, you should visit the traffic police department and demand a certificate of a traffic accident. The body of the document should include as many details as possible regarding the nature of the damage to the vehicle.

Step #3. Submission of documents for receiving insurance payments

Being the culprit of a traffic accident, it is necessary to submit a package of documents to the insurance company within a three-day period. Otherwise, the insurer has the legal right to claim damages with recourse. If you are applying for insurance payments, then you must write an application and submit papers to the insurance company. As of 2019, the required list of documents is as follows:

  • passport;
  • driver's license;
  • vehicle registration certificate;
  • certificate from the traffic police;
  • insurance policy;
  • certificate from the hospital.

If necessary, it is also necessary to add a power of attorney for the car and documents confirming the expenses after the accident. This refers to the payment for the services of a tow truck.

Step number 4. Obtaining a court decision

The court makes a decision after a ten-day time period. Sometimes this period can change up or down. In order for the insurance after an accident to be paid as soon as possible, it is recommended that you independently pick up the court decision and take it to the insurance company. In this case, a copy should be kept for yourself, and the original with a wet seal should be delivered to your insurer.

Step number 5. Conducting an examination

The examination has a direct impact on how much insurance payments will be provided to the client of the company. Until the inspection, it is forbidden to carry out repair work. With a high degree of probability, the appraiser will minimize costs, so it is best to use the services of an independent expert.

Step number 6. Getting paid

The insurance company has 90 calendar days to make payments. Provided that if the agreed amount has not been paid after such a time period, the client has the full right to demand payment of a penalty.

Video: How to get paid with a free public consumer rights organization

How to speed up the process of paying out insurance after an accident?

To somewhat speed up the process of paying out insurance, the injured party may join in clarifying the relationship between the culprit of the accident and the insurer. To do this, you can go to the traffic police and find out the date of the case.

After that You can write a motion to speed up the consideration of the case. At the end of the court session, you can take a copy of the decision and personally bring it to the insurance company.

It is important to remember that the refusal of payments by the insurer is not yet a reason for disappointment. In this case, you can apply to the court with a claim for damages by the person who caused the accident. The timing of receiving compensation depends on the speed of the case.

Total loss of the car

The described procedure for insurance payments is relevant only on condition that if the vehicle is recoverable. However, sometimes there are situations in which car repair is inappropriate. In such a case, the insurance company may raise the issue of constructive destruction of the vehicle. In this case, the client remains without payments and loses the car.

When assessing the condition of the car, everything depends on the initial cost of the car. Most often, total death is announced if the restoration requires from 60 to 80% of the cost of the car. Much depends on the results of the examination, which determines the final cost of the repair work.

If the machine is structurally destroyed, then the question arises regarding the assessment of the value of the remains. It is also very important to determine who will own them. If the situation is resolved in favor of the owner, the latter receives compensation. If the company insists that the car should remain with the owner, then another examination is appointed, which is aimed at assessing the value of the remains.

In order to avoid conflict situations, it is strongly recommended to clarify all controversial points at the stage of concluding an agreement with an insurer. In particular, it is necessary to clarify how the total loss of the vehicle will be assessed and who will be involved in the sale of the remains.

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16 Comments

    I had an accident, I was not the culprit, I am not the owner of the vehicle, but I was driving at the time of the accident.

The principle of any insurance, including OSAGO, is to receive compensation for the damage caused by the insured risks, exactly those specified in the insurance contract.

But OSAGO is a special policy, it covers your liability to other road users in the event of an insured event. That is, if you damaged someone's property or harmed the health of any road user to one degree or another, then the insurer will compensate for the losses.

The maximum amount of insurance payments under OSAGO for damages:

  • property- 400 thousand rubles;
  • health- 500 thousand rubles.

The amounts are rather big, and insurance companies are doing their best to underestimate these thresholds, to pay much less than stipulated by the OSAGO insurance contract.

Who is eligible for insurance benefits?

The OSAGO rules stipulate that the following persons can apply to the insurer for compensation:

  1. victim(the owner of the car that suffered damage);
  2. beneficiary(the person specified by the insured in the OSAGO agreement to receive payments in the event of an insured event);
  3. heirs of the victim if another beneficiary is not specified in the OSAGO agreement.

Let's try to understand the issue with examples.

In everyday life, different situations happen, sometimes one person was involved in the registration of civil liability, a completely different person is allowed to manage, and the third is the nominal owner.

A common example is that a family purchased a vehicle, the son went to take out insurance, and the car was registered to the mother.

Three different persons are registered in the OSAGO policy:

  1. the son was the issuer of the policy;
  2. the father of the family travels by car;
  3. mother is listed as the nominal owner of the car.

Which of them is entitled to compensation for OSAGO if damage to property is caused?

In any situation, insurance payments will be reimbursed only to the owner of the vehicle, whoever is driving the car. Or the citizen to whom a notarized power of attorney has been issued to receive insurance compensation.

In a tragic case of death, payments can be received by the heirs of the deceased person.

Sometimes both cars were damaged in an accident, and both drivers were injured. Happened . Which of them is entitled to compensation for OSAGO in this case, and in what amount?

The situation can develop in two scenarios:

  1. Respectable insurers pay half the cost of indemnity allowed upon the occurrence of this insured event.
  2. Nothing is paid to anyone, insurers refuse to pay, explaining their position simply - the inability to identify the true culprit.

The last scenario is very sad, but most insurers do just that, referring to the legislative norm of the Civil Code - paragraph 2 of Article 1083: compensation is permissible when establishing the degree of guilt of the violating party, according to it, payments are made.

But with mutual damage, it is very difficult to find out this degree of guilt, and unscrupulous insurance companies appeal to this article.

Our lawyers have repeatedly encountered a similar situation, and in each case someone is still more to blame, with a competent approach to the trial, revealing all the important circumstances, they won the courts in favor of our clients. Our experts are ready to provide any assistance to all who apply, you only need to fill out the online form indicated on the page.

Remember! The correct procedure after an accident increases the chance of receiving insurance payments under OSAGO.

To avoid problems with OSAGO payments, check out.

Payment procedure for OSAGO

Compensation for damage caused to transport under the OSAGO agreement is made in two ways:

  1. cash payment;
  2. organization and payment of restoration repairs.

Until recently, the choice of the method of compensation remained with the applicant.

But on April 28, 2017, the Law on the Priority of In-kind Compensation under OSAGO came into force, and now insurers are sending a car that was damaged in an accident for refurbishment.

You can find out how they produce and in what cases you can still count on a monetary refund by reading the corresponding article on our website.

If the current situation involves the receipt of money under OSAGO, then the insurance payment will be made based on the following calculation:

  1. Any victim is paid the amount of damage in the range of 400 thousand rubles. proportional to the extent of the damage.
  2. If a person was injured in an accident, then regardless of the number of victims, each of them can count on an amount within 500 thousand rubles.
  3. If there are deaths, then the heir can receive 475 thousand rubles, and immediately he is given an additional amount of up to 25 thousand for ritual services. All close relatives can receive payments, the maximum amount will be divided equally between them.
  4. When the registration of an accident is carried out according to a simplified scheme- so-called, without the presence of a police representative, then the payout limit usually does not exceed 100 thousand. (as amended on 06/01/2018). But in the territorial districts of Moscow and St. Petersburg (and in the regions adjacent to them), these payments can be up to 400 thousand rubles.
  5. In order to receive the maximum payments under the European Protocol, traffic participants are required to provide the insurance company with video or photo frames of all damages and a record from navigators through the Russian system, otherwise the payments will be within only 100 thousand rubles.

The OSAGO rules (clause 3.5) indicate the obligation of drivers involved in an accident to independently fill out a notice of an accident, regardless of the registration of the incident by the traffic police officers who arrived at the scene.

If two cars were damaged in an accident and there are no disagreements, one notification form is filled out. In all other cases, each participant in the accident fills out his own notification form, indicating the reasons for not allowing the form to be jointly issued.

If the insurance company does not agree with the arguments you have given, please contact our legal experts for support in order to receive the due payments under OSAGO.

Depreciation accounting

Important changes in the new rules include accounting for depreciation of the car, which cannot be more than 80% - instead of the previous 50%.

  • When calculating the degree of wear of the body, the warranty date is taken into account.
  • When changing tires, measure the tread height.
  • For plastic components - the highest degree of wear is applied.
  • For other components - the age of the car itself.

It should be noted that when a damaged car is sent for repair, it will be restored using new parts. And this means that the depreciation of the car is not taken into account in case of in-kind compensation under OSAGO.

Applying for payments

The new rules oblige all policyholders to apply only to the company where they issued the OSAGO insurance policy - now there is no choice.

Despite the general rule for all, special cases are possible.

1. Contacting your insurer is possible subject to the conditions of direct indemnification (DDR):

  • 2 cars were damaged in the accident;
  • no damage was done to the health of road users;
  • both drivers have a valid OSAGO policy for the affected vehicle.

2. If any items from this list are missing, then you should contact the insurer of the culprit of the accident:

  • If 3 or more vehicles are damaged, then the insurer of the culprit of the accident is contacted.
  • If as a result of an accident damage to health is caused, then the victim must contact the insurer of the culprit of the accident. The same rules apply in the event of the death of one of the participants in the movement.

3. Where to apply if the insurer of the culprit is excluded from the PES?

The so-called PSP between the participants of insurance payments under OSAGO is a special agreement on direct payments to all victims. But there are also companies that have not signed this agreement, therefore, they do not pay damages according to the general rules. What to do if the culprit is insured in such a company?

There is no need to panic, but go straight to your insurer - OSAGO payments will be made, and the funds will be reimbursed from the PCA fund.

The refusal of the insurance company to accept documents due to exclusion from the PES is unlawful and is a reason for filing a complaint with the PCA.

4. Revocation of the license or bankruptcy of the insurance company.

If the license to carry out this activity was revoked from the insurance company - a direct application for compensation payments to the Union of Motor Insurers, all payments will be made through this organization. The same provision applies if the company is declared bankrupt.

If a traffic accident falls under the PES, revocation of a license or bankruptcy of an insurance company is not a reason for refusing insurance payments under OSAGO:

  • if your insurer's license has been revoked or bankruptcy proceedings have been initiated, contact the insurance company responsible for the accident;
  • if the insurer responsible for the accident does not have a license, contact your insurance company.

Insurance companies must make the due insurance payments under OSAGO, which will subsequently be compensated by the PCA.

5. Damage has been caused, but the second participant is absent - where to write about compensation?

Nowhere, these cases do not fall under insurance payments under OSAGO.

6. If the culprit is found or is he completely absent?

  • If the damage is caused to property, only a judicial recovery from the person who caused the harm will help here, there are no other options.
  • If harm to health (and / or life) is caused, it is necessary to apply directly to the PCA for compensation payments. It is possible to recover non-pecuniary damage in court from the person responsible for the accident.

7. RSA Compensation Payments

In accordance with the law on OSAGO, persons injured in an accident are entitled to compensation payments from the Union of Motor Insurers of Russia to compensate for damage to property, life or health, if it is impossible to receive them under an OSAGO agreement:

  1. If the license to carry out this activity was revoked from the insurance company.
  2. If the company responsible for the accident is declared bankrupt.
  3. The cause of the accident has not been identified.
  4. The culprit of the accident is not insured under OSAGO.

If you still have questions, or your case is not described in our article, you can get a free online consultation from our specialists.

Terms of circulation

You need to start by calling the representative of the insurance company and notifying him of the accident, you can give details.

All contact information about the insurer (location, means of communication, postal addresses of the representatives of the insurer) must be attached to the OSAGO policy itself.

It is allowed to submit an application by sending it by registered mail - the date of sending will be considered the date of receipt of the application.

Only 5 working days are allotted for filing an application for OSAGO payments, during this time you need to prepare all the documents and transfer them to the insurer in any way possible.

You can download the application form for compensation under OSAGO or PVU at this link:

Package of documents

The injured party must strictly observe the deadline for filing an application for compensation for OSAGO, and the absence of some papers necessary for circulation, as well as their incorrect execution, is not the reason for the insurance company to refuse to accept documents.

The insurance company is obliged on the day of the application (within 3 working days in case of posting) to inform the applicant about the incompleteness of the documents and indicate the full list of necessary documentation.

At the time of the application, the victim must provide the following list of documents:

  1. A handwritten statement from the owner of the vehicle.
  2. A photocopy of an identity card, a driver's license, registration documents for a car (STS,), an OSAGO policy. If the owner is a foreign person, then notarized and translated copies of all listed documents are provided.
  3. Documents confirming the powers of a trustee (in the case of a representative of the owner of the car).
  4. Bank statement with the account number where the funds will be transferred.
  5. issued by the traffic police unit (when an accident is registered by traffic police officers).
  6. A photocopy of the protocol on an administrative offense filled out by a traffic police officer.
  7. If administrative prosecution is initiated - a photocopy of the decision.

And also, depending on the specific case, the following is attached to the application:

  • In case of damage to other property, except for a car, the grounds for ownership (checks, receipts, etc.).
  • When compensating for the loss of property - evidence that they were in the car and the reasons for ownership - a photo of their location, condition after the accident, checks for their purchase, an independent examination report on the amount of damage (if such an assessment was carried out).
  • If the affected car was owned by the right of rent or leasing - the relevant agreements.
  • For payments for damage to health - certificates from a medical institution with an epicrisis, in which everything is described in detail (the nature of injuries, diagnosis, period of incapacity for work), as well as, if available, a conclusion on disability, a certificate of disability, a certificate from an ambulance station.
  • If the injured person died - a certificate of his death.
  • Conclusions of an independent expert (report, contract) + receipt of payment for his services.
  • If the car was towed from the scene of an accident - a receipt.
  • When a damaged car is in safekeeping - a receipt.
  • Checks for postage.
  • Indicate the method of notifying the insurance company of the occurrence of an insured event (if there was a call, then you can indicate the name of the employee).

All documentation is provided in original and photocopied form.

But! So that the original documents are not permanently lost, it is better to submit their copies certified by a notary.- This is allowed by the rules of insurance.

A list of submitted documentation, a list of originals and photocopies is attached to the application itself.

When accepting the package, the insured must be given an incoming number, it should be written down, it can be used to track the progress of your insurance business. You can separately ask who exactly will deal with your payments - try to find out his contact details.

Vehicle inspection

During 5 days from the date of filing an application for payment under OSAGO, it is necessary to provide the damaged vehicle (its remains) for inspection.

The insurer is obliged to evaluate the car (property) within the next 5 days and inform the applicant of the results.

Hidden damages are often deliberately not taken into account by the insurer, which significantly underestimates the amount of damage.

Remember that damage not reflected in the inspection report will not be paid to you by the insurer.

In case of disagreement with the conclusions of the insurer, insist on organizing an independent examination, while the cost of the assessment is included in the losses and is subject to compensation under the OSAGO agreement.

In the presented video, the advice of a lawyer is voiced, what you need to pay attention to when passing the inspection:

Direct payout

For all insurance payments, one period is provided - 20 days, excluding non-working holidays, after the submission of all documentation and the recognition of the case as insured.

Otherwise, the insurer must issue and send a reasoned refusal to the applicant.

Violation of the allotted time is punishable by a number of measures:

  1. Recovery of a penalty from a negligent insurer at the rate of 1 percent of the amount payable for each day of delay. To receive a forfeit, it is enough to submit a relevant application to the insurer indicating the form of payment (in the case of a cashless payment, attach bank details).
  2. It is also possible to the insurer who did not notify the victim of the refusal in a timely manner apply a financial sanction(0.05 percent of the sum insured for each day of delay).
  3. Also, in this situation, the Law on the Protection of Consumer Rights is applicable (clause 6, article 13). In court, it is possible to recover from the insurer a fine of 50 percent of the damage.

Timely implementation of insurance payments under OSAGO, as well as the issuance of a reasoned refusal is under the control of the Bank of Russia

The law provides for the possibility of recovering from the culprit of the accident the amount remaining unsatisfied after receiving the insurance payment under OSAGO.

To take advantage of all available opportunities and cover the losses caused as a result of the accident, please contact our experts for legal support. Get a free legal consultation by describing your situation in the pop-up window.

In the vast majority of cases, OSAGO insurance payments do not cover all the costs of restoring a car. Insurers deliberately underestimate payments, knowing that not every dissatisfied applicant will go to court for compensation due by law.

To receive all payments, use the following algorithm of actions:

  1. Submit an application for the occurrence of an insured event under OSAGO and documents to the insurance company on time.
  2. Submit the damaged vehicle to the insurer for an initial inspection.
  3. Contact a third-party independent expert for an assessment.
  4. Wait for the insurance payment under OSAGO.
  5. Apply to the court with a statement of claim for compensation for both the underpaid amount and all expenses incurred.

If your insurance agent violates the procedure prescribed by the OSAGO law or underestimates the amount of due payments, you can always seek help online from our lawyers.