Terms of payment of insurance under compulsory motor insurance

Deadline for payment of insurance compensation under MTPL 2018

Many car owners purchase an MTPL policy, since this type of insurance is mandatory. The number of requests to insurance companies for compensation increases every year. An increase in the volume of work sometimes affects its quality, which is why companies often commit violations, for example, delaying the payment period for compulsory motor liability insurance.

How can drivers receive compensation in a timely manner in 2018 and how much time do insurers have to review applications and make payments?

Deadlines for payment of compensation under compulsory motor liability insurance

The responsibilities of the company providing motor third party liability insurance services include strict compliance with the deadlines specified in the law “On Compulsory Motor Liability Insurance” and the contract. Anyone who purchases a policy needs to know how long the insurance company has to pay out the money.

The period given to the insurer to compensate for damage to victims of an accident is only 20 days. During this time period, the insurance company employees must have time to make a full settlement with their client, who was involved in an accident through no fault of his own.

However, here we need to clarify - this is 20 calendar or working days. The calculation is carried out excluding weekends and public holidays, on which citizens are also exempt from work.

This means that during the May and New Year holidays, on Russia Day, March 8, February 23 and other days when the whole country is on vacation, insurance company employees do not consider applications from policyholders.

The calculation of the period is carried out from the day on which the victim reported the accident and applied to the insurer for compensation for damage, submitting all the necessary documents.

Within the allotted 20 days, the insurer is obliged to inspect the damaged car, calculate the damage caused by the culprit of the accident and transfer the required amount of compensation to the injured party. The process of considering an appeal may be suspended for a number of reasons. Among them the following stand out:

the car owner handed over an incomplete package of documents;
the car was not submitted to the insurance company for inspection;
A criminal and administrative investigation into the incident is underway.

The policyholder himself, who wants to receive compensation on time, should not allow the deadlines to be violated and is obliged to contact the insurer five days after the accident.

The payment period may increase to 30 calendar days, excluding holidays and weekends, if the car owner, in agreement with the insurer, has arranged for the damaged vehicle to be repaired at another service center that does not cooperate with the company.

According to paragraph 21 of Article 12 of the Law “On Compulsory Motor Liability Insurance”, for failure to comply with the deadlines indicated above, the insurer may be punished in the form of a fine and late fees.

Procedure for receiving compensation

Today, payments under compulsory motor liability insurance are made in two ways:

Compensation in kind, that is, by issuing a referral to a service center for car repairs. Produced since April 28, 2017.
Payment of funds – applies in the event of the death of the car owner or serious bodily injury.

There is a legally established procedure for receiving a referral for repairs or payments. According to the rules, car owners must report an accident to their insurer immediately, preferably on the day of the accident.

An application for damages can be submitted within 5 days. However, as practice shows, insurance companies recommend their clients to submit a package of documents regarding an accident as quickly as possible, within 24 hours after the accident.

Then the decision will be made promptly, and all the details of the incident can be considered without delay.

When submitting your application, it is important to adhere to the following deadlines:

immediately after the collision, notify the company by phone about the occurrence of an insured event;
no more than 5 days are given to the victim to submit a request for compensation;
another 5 working days - the period during which the car must be submitted to an expert for inspection (the period can be revised due to the distance, if it needs to be overcome);
For 15 days after the victim submits a statement, the person responsible for the collision is deprived of the right to repair his car.

Since July 2018, participants in road accidents are required to provide damaged cars within 5 days for inspection and assessment of the damage caused. This is a prerequisite for receiving insurance payments.

Insurance companies select experts. The date and place for the procedure are set after submitting the application.

The insurer now has the right not to accept the results of an independent examination conducted without its consent.

Having made a decision to completely or partially refuse payment, employees of the insurance company send a written notification to the client. In a situation of refusal, before making a claim to the company, every car owner must ask himself whether he did the right thing, whether he provided all the documents, and whether he complied with the established deadlines.

We list the main stages of consideration of an application for compensation. Within 5 days the company must manage:

accept a statement from the victim of an accident;
after an inspection, recognize a specific case of an accident as insurable;
study all the documents submitted by the client;
provide an expert to inspect the car or its remains and assess damage;
calculate the final insurance amount.

Within 20 days:

conduct an additional independent examination if the culprit or victim does not agree with the previous assessment results;
make a positive or negative decision on payment;
pay compensation in cash (injury to health) or issue a referral for car repair to a service station.

The injured party can speed up the accrual of insurance payments if it brings all the documents to the Investigative Committee of the culprit of the collision, including a court order, if the police have opened an administrative case against the culprit driver and the trial has taken place. It will also be necessary to prepare a petition addressed to the director of the insurance company to speed up the process of making payments with a request to quickly carry out calculations and calculate the amount of compensation.

What to do if the insurance company delays the payment period
When the insurance company does not pay compensation under compulsory motor liability insurance on time, then further events can develop in three directions. If one remedy does not help, you can move on to the next method.

Complaint to RSA and the Central Bank of the Russian Federation

You can complain about the negligence of the insurer to the Central Bank of the Russian Federation or the Union of Auto Insurers (RUA). The complaint is drawn up in any form; copies of the MTPL policy and papers confirming the application to the Investigative Committee must be attached to it.

In turn, the Central Bank will send the insurance company a request for explanations. Based on the response received, a decision is made on the legality of the company’s actions and the validity of the complaint. The correspondence takes approximately a month.

If violations of the client’s legal rights are detected, the company delaying payments will be obliged, in addition to compensation for damage, to pay additional penalties:

1% of the amount of insurance due to the client for each day of delay in payment;
0.05% for each day of delay in processing the application;
50% of the claim amount if the case was heard in court.

The insurer will also protect its interests and try to shift all the blame onto the victim. Companies often manage to evade responsibility in this way. Payment can be made, but without paying a penalty for late payment.

Pre-trial claim

If the complaint does not bring results, a pre-trial claim (PD) with a description of the requirements must be sent to the insurer's office.

After five to ten days the company should respond:

pay compensation;
write out a referral to a service center for car repair;
send a written refusal to pay compensation.

There are a number of conditions for successfully filing a pre-trial claim that relate to the correct registration of an accident:

drawing up a protocol immediately at the scene of a car collision;
preparing a conclusion and conducting an analysis according to all rules by traffic police inspectors;
availability of a statement from the insurance company demanding payment of insurance.

The company pays compensation within 20 days after filing a claim, taking into account the circumstances of the accident.

Going to court

If there is no response from the insurance company after filing a pre-trial claim, you can contact the judicial authority. A copy will need to be attached to the statement of claim. During the consideration of the case, the judge most often accommodates the insured. It should be taken into account that legal proceedings will significantly increase the time it takes to receive compensation payments.

Appeal to the court is possible within three years, starting from the moment when the car owner received a refusal from the insurer to pay compensation or compensation was delayed. In other situations, the deadline is counted after the expiration of the time allotted by the Investigative Committee to resolve the issue.

It is not so difficult to receive compensation if you inform the insurance company about the accident in time, immediately hand over a package of documents, and bring the car for inspection. If you follow these simple rules, your refund will be provided within 20 days. However, when delaying the payment period, always defend your rights.

Source: https://strahovoy.online/vozmeshhenie/srok-vyiplat-dlya-strahovogo-vozmeshheniya-po-osago.html

Payment of insurance in case of an accident - terms of payment of insurance after an accident

In the event of an accident on the road, and subject to an insurance policy, the victim can count on compensation for material losses: treatment, car repairs, etc. But is it always possible to receive compensation from insurance? What are the deadlines for compulsory motor liability insurance? Who can be refused? We invite you to delve deeper into this topic and answer many questions that concern you.

Insurance payment in case of an accident

The biggest difficulty drivers face is the discrepancy between the amounts to be paid by the insurance company and the actual damage. This becomes possible taking into account factors such as wear and tear of parts. The insurers themselves justify their actions (understating the amount of repairs and the cost of parts) by the insignificant cost of the policy.

How is insurance paid in case of an accident?

To receive payments under compulsory motor liability insurance after an accident, the driver must act in accordance with the established regulations.

The procedure is established by the legislator: the presence of a traffic police officer and a representative of the insurance company is required at the scene of the incident. An exception to this rule is the European protocol, but such a document cannot be drawn up if there are casualties or fatalities.

In this option, documents must be provided to the insurer in person, electronically or by mail. If there are violations in filling out the form, the agent must notify the driver within three days. This is followed by an examination of the car for damage (maximum period of 3 months.

), after which the amount of payments is set.

How long does it take for compulsory motor vehicle insurance to pay out in case of an accident?

The entire procedure takes about 90 days (3 months). If the car owner or injured party wants to reduce the terms of payment of insurance for an accident, they can take a direct part in the process:

contact the traffic police and find out the date of consideration;
write a petition (petition) to speed up the process;
wait for the court's decision and independently deliver the writ of execution to the insurers.

If the insurance company does not wish to fulfill its obligations within the established time frame, the victim may file a claim for compensation for damages under the insurance. In any case, the timing depends on the speed of consideration of the case in court.

How to calculate payments under compulsory motor liability insurance?

The amount of compensation for insurance under the MTPL policy will depend on the input data:

car brands;
length of service and age of the car owner/driver;
region;
dates of the incident;
numbers of damaged parts/names of materials used.

Let's consider an example with the following input data, taking into account the coefficients (given in parentheses):

driver 23 years old (1);
no driving experience (1.7);
car power 102 hp (1.2);
Yekaterinburg region (1.8);
without trailer (1);
accident-free ratio (1).

The base rate in this option will be 3432, and then the formula looks like this: 3432*1*1.7*1.2*1.8*1*1=12 thousand 602 rubles.

What documents are needed to pay for insurance in case of an accident?

You also need to submit certain documents to the insurance company to pay the insured amount in case of an accident:

petition (statement);
ID card (copy certified by a notary);
OSAGO policy;
notification of an accident;
a copy of the report from the scene of the incident;
certificate of road accident (form 154);
VU;
PTS (copy of both sides of the document);
title forms (deed of sale, deed of gift, etc.);
examination and payment information on it (copy of the form);
other payment documents (tow truck, treatment costs, etc.).

Payment of Rosgosstrakh insurance in case of an accident

Rosgosstrakh is one of the leading insurance companies for compulsory motor liability insurance. It makes payments under the MTPL policy in three ways:

cash (transfer to card);
non-cash payment (transfer of funds to an account);
car repair.

If the calculation of losses under compulsory motor liability insurance is incorrect, the victim or the culprit may file a claim in court.

In what cases is insurance not paid in case of an accident?

Any insurer can refuse compensation if at least one point is true:

the protocol is filled out incorrectly (there are gross violations);
no culprit (escaped);
the culprit does not have a compulsory motor liability insurance policy and there are no victims;
the incident occurred outside the country, for example, in Ukraine or Kazakhstan;
in case of missing documents;
The vehicle was not provided for examination.

You should also remember that the maximum insurance amount in 2017 was raised to 100 thousand rubles (previously you could receive 50 thousand).

If you have questions, consult a lawyer

You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

+7 (499) 404-01-39 — Moscow and region;
+7 (812) 494-88-69 — St. Petersburg and region;
+7 (499) 404-01-39 — all regions of the Russian Federation.

Source: https://the-right.org/sovety/kak-vyplachivaetsya-straxovka-pri-dtp-esli-est-osago.html

Deadline for contacting an insurance company for compulsory motor liability insurance after an accident in 2018

Having become a participant in a car accident, the driver of the vehicle enters into a legal relationship with the company where he purchased the MTPL policy.

To avoid possible misunderstandings, each policy holder should clearly know the deadline for contacting the insurance company after an accident under compulsory motor liability insurance in 2018.

Having this information will protect you from claims from the insurer and ensure full financial compensation.

Procedure in case of a traffic accident

Without accurate information about when and where to apply in case of an accident under compulsory motor liability insurance, the driver may violate insurance rules, which will complicate the claim for compensation. Therefore, citizens should clearly know in what situations the person at fault for an accident must notify their insurance company, and when it is better not to do this in order to avoid filing a recourse claim.

For example, if a car accident occurs while under the influence of alcohol, the driver is advised to settle all claims by paying cash compensation to the victim for damages. But in case of serious consequences, the culprit has the obligation to notify the insurance company about the accident under compulsory motor liability insurance, regardless of the circumstances.

Deadline for submitting documents to the insurance company

How long does it take to contact the insurance company after an accident under compulsory motor liability insurance? If you follow the standards set out in clause 42 of the Rules on OSAGO, the insurance holder is obliged to notify the company that issued the policy as quickly as possible. In particular, the maximum period for filing an insurance claim cannot exceed 5 days from the date of the car accident.

If the driver has not notified the insurance company about the accident within 5 days and does not know what to do next, since he violated the formal terms of the contract, he has the right to turn to the current legislation. The insurer is obliged to accept his application and open proceedings for the insured event if the five-day period was missed for reasons beyond the control of the policy owner.

If the MTPL owner missed the deadline for submitting a notification about an accident for a period exceeding 5 days, the insurance company may refuse to pay compensation due to a violation of the terms of the contract. The only exception is when the reason for missing the specified deadline is valid. Most often this happens due to injury received in an accident.

Required documents

It is important for the driver to comply with the deadline for submitting documents to the insurance company after an accident. We also must not forget that the general procedure for contacting an insurance company includes submitting the necessary documents. Their list is as follows:

accident report;
a copy of the passport pages with a photograph and information about the owner (it is recommended to notarize);
power of attorney (if the driver is unable to submit an application in person due to injury or for a reason beyond his control);
technical passport and registration certificate for the car;
certificate of accident;
a copy of the traffic police report.

The driver does not need to submit an independent examination report. The examination is carried out after the application has been accepted.

Application for payments under compulsory motor liability insurance

In order for the notification to the insurance company about an accident to be accepted for consideration faster, it is better to fill out this document according to the sample. The text of the application to the insurance company after an accident must include the following information.

Name of the recipient (insurer).
Full name, address and passport details.
Title of the document.
Description of the circumstances and consequences of the car accident (indicating the license plates of all cars involved in the accident).
Indication of the nature of damage.
Signature and date.

In order to ensure that compensation for an accident victim is determined in direct accordance with the amount of damage, the insurer conducts a vehicle technical examination.

Grounds for refusal to consider an application

The list of possible reasons why an insurer refuses to pay insurance to a policy holder includes cases when the driver:

intentionally damaged your vehicle in order to obtain insurance (except for situations where this was required for safety reasons);
committed a crime which resulted in an accident;
did not submit an application within 5 days;
failed to fulfill his obligations to establish the causes and circumstances of the accident or did not provide access to the car.

To avoid misunderstandings between the insurer and the car owner, it should be remembered that under the terms of the contract, the policy holder is obliged to keep his vehicle in the condition in which it was after the accident. Some drivers neglect this condition. Accordingly, the insurer, faced with the fact that the damaged part has already been replaced, refuses to pay due to non-compliance with the terms of the contract.

Actions in case of refusal of compensation

If, after an accident, a citizen is faced with an unreasonable refusal to pay insurance, he has the right to seek compensation due to him through the court. In this case, the driver is obliged to comply with the statute of limitations and prepare documents confirming his right to compensation for damage.

Time limits for going to court

Civil liability insurance for vehicle owners allows two options for resolving a dispute between the insurance company and the driver. The first of them involves settling claims out of court, the second involves filing a lawsuit.

Registration of a claim must take into account the occurrence of an insured event, without exceeding the three-year limitation period provided by law.

Preparation of documents

To file a lawsuit against the insurance company, the vehicle owner must submit the following documents:

a copy of the statement of claim (including one copy for each participant in the process);
a copy of the insurance policy;
a copy of the application for the need for payment under the terms of the policy;
a copy of the documents for the car;
certificate of the accident and a copy of the protocol.

Changes in legislation for 2018

In addition to clarifying the question of how long it takes to submit documents to the insurance company after an accident under compulsory motor liability insurance, citizens need to take into account the changes adopted in 2018. The new version of the Law on Compulsory Motor Liability Insurance allows you to contact the insurer after an accident involving three or more cars. The previous version of the law did not allow this.

Another important change affected the work of insurers. It is expected that soon insurance companies will have the opportunity to independently determine rates based on the parameters of the car, the policy area and the driver’s experience.

Useful tips

A driver involved in an accident should take into account a number of details, the observance of which will ensure the absence of possible problems.

In 2015, the rule allowing a 15-day period for filing an application was abolished. Based on the fact that the law requires notifying the insurer of an accident within 5 days, the driver must not delay in preparing and submitting the notification.
The insurance company does not have the right to refuse to accept a claim on the basis that the driver did not submit it within 24 hours, two or three days after the accident. This is against the law.
Before handing over documents to the insurer, you should make copies of them in advance, and hand over the documents themselves only against the acceptance certificate.
The insurer is obliged to pay compensation in full within 20 days after filing an application from the policy holder. If there is an agreement on another option for compensation for damage (free car repairs), a document about this must also be issued to the driver no later than 20 days.
Violation of the deadline or procedure for payment is grounds for the accrual of penalties at the rate of 1% for each day of delay.

The policy owner should take into account that if there are disagreements with the insurance company, it is better to resolve them pre-trial. Filing a claim is necessary only when the insurer refuses to fulfill the terms of the contract for an unreasonable reason or arbitrarily underestimates the amount of compensation.

How to choose an insurance company to purchase an MTPL policy

Usually the driver does not assume that he may get into an accident. However, when choosing an insurance company, such carelessness can have a negative impact. It is in the driver’s interests to choose not the insurer that offers the lowest price for a compulsory motor liability insurance policy, but the one whose terms will make it as easy as possible to claim compensation after being involved in an accident.

Which insurer is better to choose? The first factor you need to pay attention to is the reliability of the insurance company. To do this, you will need to evaluate its rating on the insurance market. As a rule, such ratings are compiled every year and their results can be found in the media. The higher the position in the rating, the higher the reliability of the insurance company.

The second factor when choosing an insurer is the list of services it provides. This is especially important for those drivers who often travel around the country. The territory of presence of an insurance company in other regions may be limited.

If the insurer provides too low a price for a compulsory motor liability insurance policy, this may mean that the company simply wants to attract more clients. At the same time, the insurer's reliability indicators may be low.

Source: http://voditel.guru/dtp/vyplaty/srok-obrashheniya-v-straxovuyu

Payments under compulsory motor liability insurance in case of an accident. Amount and terms of payments

Insurance payments under compulsory motor liability insurance in case of an accident have been replaced by repairs - this is one of the innovations in 2017 regarding monetary compensation in the event of an accident.

At the same time, the reform does not apply to all situations, but it has a significant advantage over material payments.

It will be useful for any car owner to know what you can count on after an accident and how the insurance company will compensate for damage in each specific case.

Changes in car insurance: repairs instead of compensation

The MTPL policy is considered an integral part of any motorist’s package of documents. The procedure for obtaining insurance, the amount of compensation payments, terms, insured events and other issues regarding motor vehicle insurance are regulated by Federal Law No. 40, published back in 2002.

The provisions of the law on compulsory motor insurance have been repeatedly subject to reform. The next changes partially came into force in July 2017, and since September the full version of the latest edition has become relevant.

According to the amendments made, the main innovation can clearly be called the replacement of insurance payment in the form of monetary compensation for damage by eliminating it through repair work or the organization of such.

In other words, if previously a citizen could count on insurance in the form of cash, now it is provided in the form of repairing a damaged car and eliminating damage. Of course, the elimination of defects is carried out at the expense of the insurance company.

According to the amendments, the period for carrying out work to correct problems is no more than 30 days from the moment the car is handed over to the insurer or provided to a service station. The exception is when the period is increased with the consent of the car owner.

The insurance company is responsible for the quality of the repairs performed. The law defines a warranty period of 6 months and 1 year for paint and varnish work.

If the client is not satisfied with the quality of the repair, he has the right to write a statement of claim to the insurance company, where he outlines the essence of the issue. Refusal to eliminate defects or the impossibility of correcting them is a motive for demanding payment of a penalty, and if the insurer disagrees, the citizen can file a claim in court.

Who does the innovation apply to?

Amendments to the law on compulsory insurance apply only to those car owners whose contracts were concluded after April 29, 2017. In this case, the vehicle must belong to the category of passenger cars registered within the borders of the country, and its owner must have Russian citizenship and act as an individual.

In other cases, that is, for owners of insurance policies purchased before April 2017, they have the opportunity to choose between cash payment and repair work.

In this case, compensation can be provided either in cash or by transfer to a bank account belonging to the injured person.

When can you receive monetary compensation?

Despite the new rules, cash payments have not been completely canceled - there are a number of situations when you can and should apply for them. The grounds for payments in cash or by transferring funds to the account of the interested party include the following cases:

defects and damage received by the vehicle cannot be eliminated or repaired;
death of the injured person and refusal of relatives to repair the vehicle;
as a result of the accident, serious harm was caused to the health of the victim, if in the application for insurance payment he chose monetary compensation;
the injured person is a disabled person of group 1 or 2 and at the time of submitting an application for insurance payment, the citizen indicates a desire to receive it in the form of a material payment;
the amount of the cost of repair work significantly exceeds the insurance limit of 400,000 rubles;
damage was caused to any other property not related to the vehicle;
all participants in the accident are found guilty, but one refuses to make additional payments from his own budget;
the insurance company does not have the ability to fulfill its obligations to carry out repair work and compensation is possible only as a cash payment;
the existence of a contractual agreement for a certain type of damage compensation between the insurer and the interested party.

In all other cases, the elimination of harm is carried out in kind, in other words, by repairing the vehicle.

Payment limits for compulsory motor liability insurance

The maximum amounts of compensation under compulsory motor liability insurance in the event of an insured event have not changed this year.

The limits of insurance payments in case of an accident are:

400,000 rubles – coverage of damage, if any, was caused to the property of one victim in an accident;
500,000 rubles – causing harm to the health of the injured person, as well as to his life;
400,000 rubles – compensation for damage sustained by several vehicles, while each injured driver is entitled to a separate payment without dividing it proportionally among all;
50,000 rubles – reimbursement of expenses for the funeral of a person killed in an accident, if distant relatives require payment;
475,000 rubles – compensation for close relatives of a person who died as a result of a traffic accident;
50,000 rubles – compensation for damage based on presentation of a European protocol, subject to notification of the incident to the insurance company no later than 5 days from the moment of the accident.

The indicated values are only the limits of insurance payments. The final amount will depend on the results of the examination, including an assessment of the nature of the damage, the make of the car, its age and other factors.

Payment can be made only if, within 20 days from the date of the incident, the interested party prepares the necessary papers and submits them to the insurance company.

General rules for providing insurance

Before applying for insurance in one form or another, you should carefully read the terms and conditions of its provision.

The list of rules includes:

Every citizen injured in an accident has the right to receive compensation under compulsory motor liability insurance, subject to a valid insurance contract.
No compensation is provided to the person responsible for the accident. The exception is when several cars are damaged and the culprit is also a victim.
Persons other than the victim can receive payment, but only with a power of attorney. In the event of the death of a citizen, insurance is provided to close or distant relatives of that person.
Insurance can be activated only after the submission of documents and a corresponding application by the interested party.
The insurance company is obliged to pay out insurance or provide it in another form within 20 days from the date of submission of the application by the injured citizen. Otherwise, the company may be subject to sanctions in the form of a fine.
If a company refuses to provide insurance, it must notify the applicant in writing of its decision.

If controversial situations arise, at the initial stage they should be resolved without involving the court, by sending a written complaint to the manager of a particular company.

Algorithm for receiving compensation

In order to receive the required compensation, you will need to submit an application for insurance and a package of documents confirming the occurrence of the insured event to the insurance company.

The list of papers includes:

identity card of the applicant;
insurance policy;
completed application form;
car passport;
conclusion based on the results of the examination, if any;
medical certificates about the health status of the affected persons;
death certificates of the deceased, if there was a fatal outcome;
driver's license;
technical inspection card;
evidence of the incident - traffic police protocol, European protocol, written testimony of witnesses, photo and video materials and other supporting facts.

After meeting with the employee and handing over the documents, you should provide the car for an examination to assess the damage caused. After the procedure, the interested person is notified of the results and the decision of the insurance company regarding the provision of payments.

When can insurance be denied?

There are also situations when an insurance company may refuse to pay and its actions will be absolutely lawful. The main cases are:

recorded violations of clauses of the insurance contract;
the car was damaged as a result of training driving, competitions, loading or unloading operations;
an inactive MTPL policy or its absence;
the culprit of the accident has not been identified.

Also, the insurance office will refuse to provide compensation or repairs if the driver was under the influence of alcohol or drugs.

The procedure for payments under the MTPL insurance policy has undergone some changes this year.

Now, instead of compensation for damage by handing over cash or transferring the amount to a bank account, insurance is provided in the form of repairing a car damaged in an accident.

However, there are still a number of exceptions when there is a cash payment involved. Therefore, you should carefully review the new compensation rules before submitting your claim.

Source: https://mirmotor.ru/article/read/straxovye-vyplaty-po-osago-pri-dtp

Sequence of actions to receive insurance payment under compulsory motor liability insurance after an accident

What does any car owner injured in an accident want most?

– receive insurance payment under compulsory motor liability insurance as quickly as possible

– so that the insurance payment under compulsory motor liability insurance is enough for repairs, and maybe there is still some left...

What does the insurance company want when a car owner applies for compulsory motor liability insurance?

Independent examination after an accident in St. Petersburg – foto-hyundai

– pay insurance under compulsory motor liability insurance for as long as possible

- pay as little as possible...

As a result of the fact that the desires of the car owner injured in an accident and the insurance company are directly opposite, an irreconcilable war arises, in which today insurance companies mostly win, due to the lack of sufficient knowledge and action algorithm for motorists to receive payment under compulsory motor liability insurance after an accident.

In this article we will analyze in detail each point, the sequence and features of actions to receive insurance payment under compulsory motor liability insurance after an accident.

If the insurance company says “ REPAIR ONLY!” ” – then this is for you: Car repair under MTPL 2018. What to choose repair or money under MTPL?

And so, let's look at each point in detail and give comprehensive comments.

In case of minor damage - Europrotocol or call the traffic police.

In law:

On July 1, 2015, changes to the traffic rules came into force, which provide that in an accident with minor damage (if the damage caused to the victim is less than 50,000 rubles), drivers are required to clear the roadway if the movement of other cars is obstructed. Otherwise, you will have to pay a fine.

Conditions for registering an accident under the European Protocol:

– 2 cars were involved in the accident

– There were no casualties in the accident, only cars were damaged

– Both drivers have valid MTPL policies

– Both drivers have no disagreement about the circumstances of the accident and who is at fault for the accident

– The estimated damage to the victim is less than 50,000 rubles

To register an accident, you must fill out the accident notification form “correctly”.

In fact:

Most motorists do not know how to “correctly” fill out an accident notification form.

Insurance companies have strict requirements for filling out an accident notification form and use any excuse to refuse payment. Checked the wrong box - refusal, drew the diagram incorrectly - refusal, failed to complete the application within 5 days (for both participants) - refusal, etc.

As a result:

By not filling out the notice “correctly”, you will lose the right to receive insurance payment under MTPL!

In case of significant damage.

In law:

By calling the traffic police officers to the scene of the accident, you will receive a resolution and a certificate f.154 with a list of damages received by the car in the accident.

In fact:

Traffic police officers often negligently fulfill their duties in filling out a certificate f. 154, and often fill it out from the words of the victim, who does not know the design of the car or, in a state of nervous tension, is not ready to name all the damaged elements of his car.

As a result:

In the process of paying out insurance under compulsory motor liability insurance after an accident, the insurance company is guided by the entries in the traffic police certificate f. 154, if some elements were not recorded in the certificate, the insurance company will not pay you for them!

You follow the lead of the insurance company and conduct an independent examination with them.

In law:

When a victim applies for compulsory motor liability insurance, the insurance company is obliged to organize an examination within 5 working days. When making payments, all parts damaged in the accident must be taken into account. Payment of insurance under compulsory motor liability insurance after an accident must be made at real market prices.

clause 4.

15 Chapter 4 of the MTPL Rules states: The amount of insurance payment in the event of damage to the property of the victim is determined: - in the event of damage to the property of the victim - in the amount of expenses necessary to bring the property to the condition in which it was before the occurrence of the insured event (recovery costs). Restoration costs are determined based on the average prices prevailing in the region.

The insurance payment under compulsory motor liability insurance after an accident for cars under 5 years old includes Loss of Commodity Value.

In fact:

Some insurance companies take a week to a month to schedule an appointment for a damaged vehicle inspection for non-driving vehicles. The insurance company’s “expert” does not see obvious damage to the car and does not want to identify hidden defects.

Payment is made through the use of electronic databases of cost information (directories) in relation to replaced spare parts.

For many car models, prices for spare parts in reference books are significantly lower, up to 50%, than actual prices in stores.

Insurance companies do not inform injured motorists that they are entitled to receive Loss of Merchandise Value under MTPL insurance. Many motorists do not know what this is and that they are entitled to additional money under compulsory motor liability insurance.

As a result:

You will receive your insurance payment under compulsory motor liability insurance after an accident much later, and the money received will not be enough for repairs.

You conduct an independent examination after an accident before visiting the insurance company.

In law:

According to clause 4.13 of the OSAGO Rules “... The conclusion of an independent expert examination on the amount of damage caused... or the conclusion of an independent technical examination on the circumstances and amount of damage caused to the vehicle, if such an examination was organized independently by the victim...” is attached by the victim to the application for insurance payment to the insurance company.

In fact:

You are the customer of the examination, you pay money, which means that during the examination all your comments will be taken into account, the examination will be carried out at a time convenient for you, and the shortest possible time period specified in the contract will be observed. During the examination, all hidden defects will be taken into account, all parts damaged in an accident, and you will control the quality of the examination upon receipt of the package of documents.

As a result:

You save time, you receive high-quality service, you know how much you should receive as a result of paying insurance under compulsory motor liability insurance after an accident. You can choose a service station to repair your car based on the amount calculated to be paid and conduct a reasoned dialogue at the service station regarding the parts being repaired and replaced.

You did not conduct an independent examination and came to the insurance company for the first time “with your hand outstretched”

In law:

According to the Law on Compulsory Motor Liability Liability Insurance (MTPL), in order to receive insurance payment under MTPL after an accident, you need to contact the insurance company, submit a traffic police resolution and certificate f 154, and also present your damaged property to the insurer.

In fact:

Most insurance companies have organized single centers for receiving applications for compulsory motor liability insurance and inspecting damaged cars.

In these centers you will spend more than one hour, and often almost the whole day, to submit an application for compulsory motor liability insurance and, if your car is running (you drove it), present its damage to the “expert” of the insurance company.

Your car will be inspected superficially (what they see), the inspection place is not equipped to identify hidden defects, just say on the street, in the parking lot. And if atmospheric factors (rain, snow, cold, time of day) interfere with the inspection process, then do not expect that the payment of insurance under compulsory motor liability insurance after an accident will be adequate for the repairs.

As a result:

By contacting the insurance company immediately after an accident, you risk paying for a significant portion of the repairs out of your own pocket.

You conducted an independent examination before contacting the insurance company and present your damaged car along with the results of the examination.

In law:

You have the right to apply for payment under compulsory motor liability insurance within three years after the accident.

According to clause 4.13 of the OSAGO Rules, you have the right to independently conduct an examination even before visiting the insurance company.

You are required to present your property for inspection by the insurance company.

The insurance company is obliged to pay out insurance under compulsory motor liability insurance after an accident within 20 calendar days.

In fact:

You choose a convenient time to write an application to the insurance company, and attach an independent expert report along with the application.

If your car is running, present its damage to a representative of the insurance company.

If you don’t want to sit in line for an inspection, you can cheat (after all, according to traffic regulations, various damages, including damage to lighting devices, prohibit the movement of vehicles), in the application for payment of insurance under compulsory motor liability insurance after an accident, indicate that the car is not running and the insurance company will send its “expert” to the place where the car is parked. The same applies if the car is not running.

As a result:

You contact the insurance company when it is convenient for you, you know how much you should be paid, you save time and nerves. The payment period of 20 calendar days begins from the moment the application is written, and not from the moment your car is inspected by an “expert” of the insurance company, save a week or two.

You did not conduct an independent examination and came to the insurance company for the first time “with an outstretched hand”

In law:

The insurance company, after you write an application, is obliged to pay full compensation for damage from the accident within 20 calendar days.

In fact:

You will receive the so-called “indisputable payment”, which is what insurance companies call a small part of the compulsory motor liability insurance after an accident that you are entitled to, which they pay. As soon as they looked at the eyes, they paid.

By paying little, insurance companies rely on the inertia and lack of knowledge of motorists.

Indeed, according to statistics, only one out of ten motorists, having received an underestimated payment, conducts an independent examination after an accident and writes a claim to the insurance company.

As a result:

You get “some money” and don’t understand whether it’s a lot or a little. Whether you have enough for repairs or not. As a result, you usually end up paying extra for repairs out of your own pocket.

After paying out your MTPL insurance after an accident, you realized that you were paid little and the money received was not enough for repairs

In law:

You have the right to submit a pre-trial claim to the insurance company, justifying it with the results of an independent examination after an accident.

The insurance company is obliged to either satisfy the claim or give a reasoned refusal within 10 calendar days.

In fact:

Having initially paid little, the insurance company relies on the usual statistics, because 9 out of 10 injured motorists, having received an underestimated payment, do not go anywhere and add on repairs from their own pockets.

If the insurance company does not satisfy the claim, the case will go to court and it will be proven that the insurance company paid less than it should have, a fine of 50% of the amount of the underpayment will be imposed on the insurance company plus a penalty of 1% per day of the amount of the underpayment, which takes into account the length of legal proceedings on average 3-4 months will amount to 100% of the underpayment. Simply put, if the insurance company takes the case to court, it will pay 2.5 times more, which is very unprofitable. For example, the underpayment to the insurance company was 20,000 rubles, the fine will be 10,000 rubles, the penalty will be 20,000 rubles, the insurance company will pay a total of 50,000 plus all legal costs.

Due to large fines, insurance companies pay for pre-trial claims very actively; you only need to write a claim.

As a result:

You wrote a claim and within 10 calendar days you receive the unpaid money.

You wrote a claim, you were paid 100%, they “threw you another bone”, paid you a little extra money, or “reasonably” refused

In law:

The insurance company is obliged to either satisfy the claim or give a reasoned refusal within 10 calendar days.

There are significant fines for failure to meet payment deadlines.

According to the decision of the Plenum of the Supreme Court, if the difference between the calculations of various experts is less than 10%, then this difference is within the limits of the average statistical error.

In fact:

In large insurance companies, hundreds of applications for compulsory motor liability insurance and dozens of claims are submitted per day, and the deadlines are so short - 20 days for payment and 5 days for processing the claim.

The task of insurance companies is to meet deadlines at all costs, and accordingly, most of the payments and claims are processed carefully and scrupulously, and some of them are processed. Your claim may fall into any part, and accordingly the result may be different.

Maybe your claim will be satisfied 100%, or maybe it will be denied for an absolutely ridiculous reason.

In most cases, claims are satisfied, since the initial payment, as a rule, is made for external damage or those damages that were “seen by the insurance company’s expert.”

Some insurance companies act even more cunningly and pay out just enough for a claim so that the difference between the calculation of an independent expert report after an accident and the payment to the insurance company is 9-9.5%; in this case, you formally cannot go to court, since, according to the Plenum’s explanation Supreme Court, this difference is within the average statistical error.

As a result:

You can receive 100% compensation under MTPL by filing a claim.

You may receive an unreasonable refusal with the reference that the independent examination report does not comply with Russian legislation.

You can receive a payout of 90-91% and cannot go to court.

Your claim was refused with reason or you were paid a little, but not all

In law:

In case of a reasoned refusal of a claim or partial underpayment, you have the right to go to court.

If it is proven in court that the insurance company paid less than it should have, the insurance company will be subject to a fine of 50% of the underpayment plus a penalty of 1% per day of the amount of the underpayment from the date of payment or denial of the claim until the court's decision. Penalties cannot be more than 100% of the amount of the underpayment.

In fact:

Most motorists are afraid of the courts and do not believe that they can achieve justice when paying insurance under compulsory motor liability insurance after an accident. What insurance companies really count on.

Experience shows that when you turn to specialized lawyers, you can count on 100% success in court.

Specialized lawyers for insurance payments under compulsory motor liability insurance after an accident will analyze your case and give comprehensive answers on the prospects of winning the case in court. The statement of claim will indicate the amount of underpayment, the amount of fines and penalties due to you by law.

As a result:

As a result of going to court with the help of specialized lawyers, you will receive the missing insurance payment under compulsory motor liability insurance after an accident, receive a 50% fine and penalties, and you will also be compensated for all your legal costs.

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Source: http://osa-spb.ru/posledovatelnost-dejstvij-dlya-polucheniya-vyplaty-strakhovki-po-osago-posle-dtp.html