In the life of every driver, one day there comes a time when he has to remember the car insurance. Then some rejoice at their prudence, while others complain about mistakes, since they have to compensate for all costs on their own. This article will describe in detail what constitutes an insurance case under compulsory motor third-party liability insurance; we will discuss all the nuances of its occurrence, registration and receipt of payment.
Definition
Insured event - an event that caused damage to the object of the contract. OSAGO insures the life, health, property of third parties, that is, the harm caused by the driver to someone. CASCO compensates the damage received by the vehicle (TS) of the policy holder.
The occurrence of an insured event is an occasion to apply to the company for compensation. But before a person gets paid, a detailed study of the facts and circumstances of the incident takes place. To exclude cases of fraud, intentional acts or intent, the company will study in detail all the documents.
Algorithm
All insurance rules, as well as the procedure for the actions of the victim are prescribed in the contract. In short, the algorithm is as follows:
- set the warning triangle;
- call police officers;
- do not move the car from a place;
- if agreed, sign a certificate of accident ;
- call a tow truck;
- notify UK in a limited time.
Calling the company immediately after the accident is not worth it. Firstly, employees are unlikely to prompt the correct procedure and all the nuances of paperwork. Secondly, they will ask about the availability of certificates confirming the occurrence of the insured event. Therefore, it is worthwhile to familiarize yourself with the contract in advance and study the algorithm of actions.
First of all
If you became a participant in an accident, then at the scene of the accident it is worthwhile to put out warning signs. If necessary, provide assistance to victims. Then call the traffic police by calling 002, 112, 911.
During the waiting period, it is not worth discussing any nuances of the accident with the other party. This information can then be used against you. This time is worth spending on fixing the registration numbers of cars, finding out the names of other participants in the accident, their phone numbers, it is advisable to obtain witness data, if any. During the same time, it is also worth making a statement. The insured event must be described in accordance with the requirements specified in the contract.
The victim is advised to find out the contact details of the culprit of the accident, the name of the insurance company, his policy number. If there are a lot of participants in the accident (more than two cars), and it is difficult to clearly determine who is to blame for what happened, then it is worth interviewing all parties and collectively drawing up a notice that an insurance accident has occurred. It is attached to the policy.
If the second driver does not agree with the stated facts or simply does not want to sign the document, no need to worry. SK does not have the right to refuse payment only due to the lack of an application.
Important points
Before the arrival of the traffic police at the scene of the accident, much can change. Therefore, if you have a camera or camcorder with you, then you should immediately photograph the scene of the incident (from four sides) and the victims, if any. It’s best to take some photos from different angles and distances.
Nothing can be changed at the scene of an accident. But if a traffic jam has formed, and the victims are forced to clear the carriageway before the arrival of the police, then it is worthwhile to first draw up a diagram of the accident, in the presence of witnesses, fix the position of the vehicle and prepare a statement. The insured event must be executed according to the rules specified in the contract. If there are objects that are relevant to the scene (for example, glass fragments), then all measures should be taken to preserve them and limit detour.
If the insurance rules provide for informing the company of an accident by calling, do not hesitate to find out the name of the employee who received the call. If in the future his words provoke you to violate the procedure for processing documents, then there will be someone to refer to. CASCO policyholders are required to inform the UK on their own.
Registration of an insured event under OSAGO
Upon arrival, the traffic police inspector is required to collect vehicle registration certificates, driver's licenses and policies from all participants in the accident. Based on the information of all parties, an accident diagram is drawn up , in which all the circumstances of the accident are described in detail. In the certificate you need to enter the personal data of witnesses, if any, and passengers. If the information is stated correctly, then the paper can be signed. If a person believes that the documents for the CTP insurance case are not drawn up correctly, then this should also be recorded in the notice. In this case, you must indicate "I disagree" and sign it.
The injured inspector is obliged to issue a copy of the offense report, a certificate, an accident diagram (terrain plan and location of the car, speed, stopping distance, description of the scene of the collision), vehicle inspection data and explanations of all participants and witnesses. These papers must clearly indicate the name and position of the inspector. If the documents cannot be issued immediately, then it is necessary to clarify the exact time of the consideration of the case and appear at the indicated place and time.
If an accident caused severe damage to the health of the victim, then an act of medical examination must be attached to the documents. The procedure is carried out at the scene of an accident or at a medical institution in the presence of two witnesses. Here is how a specific insurance case for compulsory motor third-party liability insurance - accident should be recorded.
Nuances
After an accident, carefully check the damage caused to the vehicle. Then the traffic police officer should clearly describe them, and also include in the act the phrase "Possible hidden defects." Otherwise, SK will not pay the cost of repairing damage that has not been described previously.
You should also check the correctness of filling out the protocols and certificates, the accuracy of the specified data about the place and time of the accident, information about the participants and the vehicle. All corrections must be certified by the seal, signature and the phrase "corrected to believe." The document should be made in one handwriting.
You can evacuate the car after documenting the accident with the permission of the inspector.
Other options
If the vehicle was damaged as a result of a natural disaster, such as a hurricane or a billboard falling, then you should contact the local department of the Hydrometeorological Center for a certificate of the incident. If the car was damaged by fire, then the relevant document can be obtained from the fire department.
CASCO policy holders, in order to receive compensation for damage caused by third parties, must write a statement to the territorial police station and take a certificate confirming the theft of details. Similarly, it is worth doing in case of theft of the vehicle.
If an insurance accident (CTP) occurs, and the culprit received a policy in another city, then you need to contact the local branch of the company. Compensation must be paid in a place convenient for the affected person (city).
Here's how the registration of an insured event under compulsory motor liability insurance.
What can not be done
- To move a car or objects related to the place of road traffic police before the arrival of the traffic police officer without very good reason.
- To succumb to the threats of the participants and pay the damage to the other side before the arrival of the police.
- Panic.
SC Notification
The time period in which the client is obliged to report the incident is indicated in the contract. According to CTP, they are 15 days from the moment of the accident, according to CASCO - 3 working days in all cases, except for theft. In the latter embodiment, a person has only 24 hours left. Then you need to come to the branch of SK and provide a full package of documents. His list is also in the contract. A person has 15 days to collect papers. Although very often time is not regulated.
If the victim did not receive any documents from the accident site, then the IC can make a corresponding request. The client will be required to provide a passport, an original policy, copies of receipts, a certificate of registration of a car, a driver’s license, the original “Notices”, the bank details of the injured party, a statement in two copies to receive payment for insurance claims. Papers must be stamped, dated and numbered.
Employees of the company are required to conduct an examination. If the damage is very serious, then an expert should go to the scene of the accident. Depending on the results of the assessment, the amount payable is assigned. Since the submission of documents, the UK has 20 days to make a decision.
Examination Procedure
Often a situation arises when a person does not agree with the assessment and the amount of payment. To solve the problem, it is necessary to conduct an independent examination with the participation of appraisers who have a license to carry out this operation, and representatives of the UK. Invitations to company employees will have to be sent by registered letter no later than three days before the date of inspection. If the preliminary amount of damage is more than 120 thousand rubles, then the culprit of the accident should be invited for examination. Such actions in the case of an OSAGO insurance case will help the injured party to receive compensation through the court. UK officials often ignore independent investigations. But the fact of written confirmation of sent notifications is important here. If the UK refused to pay compensation or did not respond at all within 30 days after receiving the documents, you should contact the court.
How to arrange an insurance case for compulsory motor third-party liability insurance without information?
Recently, there has been a practice of registering an accident at Europrotocol without the participation of traffic police. In order to draw up an accident according to this principle, it is necessary to use special forms developed by the UK. They are accepted within 5 days of the accident.
Clearance conditions: all participants must be insured, there should be no disagreement over damage and accident patterns. Only then will drivers be able to draw up documents using a simplified system. "Notice of an accident" should be signed by all participants and submitted to the UK. In this case, the victim cannot make additional demands on the insurer, but the company has the right to conduct an examination to clarify the conditions of the accident.
Insurance "Rosgosstrakh": OSAGO features
- The maximum amount of material compensation is 400 thousand rubles.
- The limit payments for insured events drawn up by the European Protocol are 50 thousand rubles if both participants in an accident received a policy after 08/01/2014. In other cases - 25 thousand rubles.
- The maximum amount of compensation under the “European Protocol”, drawn up during an accident in Moscow, St. Petersburg and the corresponding areas, which were recorded by technical means of control, is 400 thousand rubles.
- Rosgosstrakh insurance is paid in cash or by issuing directions for repairs. In the second case, the wear of the parts to be replaced is taken into account. The car can be serviced only at those service stations with which SK has concluded an agreement for repair work.
- The deadline for resolving issues is 20 business days.
Legislative changes for 2015
Last year, the State Duma adopted amendments to the law, increasing the limit on payments for property damage and changing the threshold for depreciation. If there is an insurance accident under compulsory motor third-party liability insurance, the car owner can now independently choose the method of receiving compensation (in cash or for repair). Only the victim's IC will be reimbursed, regardless of which company the culprit of the accident is served in. The State Duma believes that forwarding to the local branch of the insurer another participant in an accident only delayed the process of obtaining compensation. Previously, in such cases, a fine of 0.1% of the amount of compensation for each day of delay was foreseen. By new amendments to the law, the size of this commission is increased to 1%.
Penalties are also provided in case of refusal of SK employees to sell the insurance policy to interested parties. Their size is 50 thousand rubles. As an alternative to the company, additional services for the same amount may be imposed.
The maximum payments under the Rosgosstrakh insurance policies have also changed. An insured event that occurred in Moscow, St. Petersburg and the Leningrad Region is estimated at 400 thousand rubles. In this case, participants in an accident will have to provide data from the video clips of both cars. For other regions, the limit is limited to the amount of 50 thousand rubles.
The amendments also provide for the introduction of a tariff corridor so that companies can lower policy prices. But how much this will affect the cost of the “citizen” is still unknown. According to preliminary estimates of the Russian Union of Auto Insurers (RSA), the tariff may increase in price by 24.2%. From 2016, it will be adjusted by the Central Bank.
The terms of pre-trial settlement of disputes are reduced to 25 days. For the first 20, it is necessary to conduct an examination and decide on a payment. The settlement itself remains another 5 days. This time is not enough for the full processing of each insured event. The risk is that auto-lawyers who offer clients to pay compensation in cash in exchange for a cession of the right of claim may become more active. Then, such specialists alienate from SK the amount of times the amount of damage. Here, the company suffers losses, and the client does not receive the full amount of the refund. Vicious circle.
Comments of experts
According to the SAR staff, there is another problem. For compensation, clients do not turn to the company, but to the court.
Example
The man acquired the policy "Rosgosstrakh" CTP. The insured event occurred as a result of an accident. The client, without calling the employees of the Insurance Company, turns to a private appraiser for the purpose of conducting an examination. But how many people, so many opinions. One expert will consider that 1 thousand rubles will be required to restore a car, and the second will name the amount of 10 thousand rubles. With the conclusion received, the client immediately goes to court. According to statistics, every 4th insurer operates according to this scheme. This is not a normal situation.
The rules or contract contains a memo to customers, which could be entitled “An insured event has occurred. What to do?" The algorithm of actions is clearly spelled out in it. First of all, you need to notify the traffic police. According to statistics, 8–9% of cases are recorded by Europrotocol. Increasing the limits of payments will only stimulate road accident participants to fill out accidents without traffic police. In theory, such a measure would significantly reduce traffic congestion. Drivers do not have to wait for several hours for police officers. But in practice, the victim will not be able to present additional requirements to the IC. The paper is only called Europrotocol, but it is drawn up with Russian overtones.
As for compensation for damage in the form of auto repair, the situation here is also ambiguous. The service station with which the insurance company has a contract may be located 100 km from the victim. The driver will still have to pay extra for new parts. By the way, with new amendments to the law, the marginal wear of spare parts is reduced from 80 to 50%. And in case of low-quality repairs, it will be necessary to deal with the service station independently, although the contract was concluded by the UK.
Wear features
The amount of damage is determined by summing up the costs of parts to be replaced or repaired, taking into account wear and tear. This is a relative indicator. It characterizes the degree of use of components and assemblies of the machine during its operation. It is expressed in monetary units. The more years a car has, the lower the cost of parts. It is this interpretation that causes a lot of controversy between the victims and the IC.
Each type of part has its own rules for calculating wear. This parameter is calculated only for nodes that must be completely replaced. If the part can be restored, the insurer must pay for all repairs. The costs of purchasing paint and car service should also be fully compensated. The same applies to safety equipment (pillows, belts), without which the use of a car is prohibited. Costing should occur at the date of the accident, and not when the examination is carried out.
Conclusion
Motor third party liability insurance is mandatory for all drivers. But such policies are usually issued for the period of the inspection, where the key factor is the price.If the driver has a long accident-free driving experience, then there should be no problems. But the probability of an insured event always exists. Therefore, it is worthwhile to familiarize yourself with the rules for compiling documents and the algorithm of actions in case of an accident.