To quickly receive a payment as a result of an accident is a burning desire of the car owner. But not all insurers compensate for the damage. Sometimes you have to go to court. Read more about what OSAGO payments can be in case of an accident, read on.
The concepts
The MTPL policy covers the damage caused by the driver of the vehicle to the life, health or property of others. That is , in theory, the insurance company (IC) should pay for the inconvenience . In the case of a "mutual", when both drivers are to blame, the amount of compulsory motor third-party liability insurance in case of 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 court.
Legislation
From September 1, 2014, the maximum CTP insurance payout for accidents issued by the Euro Protocol (without the participation of the 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 insurance company. 20 working days from the date of receipt of the application are allocated for a decision. The client has another five to re-apply if he is dissatisfied with the previous result.
Since 01/01/2014, the Bank of Russia has allowed vehicle owners to issue accidents according to the Euro protocol, even if a person has a hull or DSAGO. At the same time, ICs do not have the right to require additional documents from customers. The payment term may not exceed that established by the contract. For violation of this rule, the company will have to pay a penalty of 1% of the amount.
From October 1, 2014, the maximum CTP insurance payment for accidents for damage caused to a car increases to 400 thousand rubles. Marginal wear reduced to 50%. But to obtain such compensation, the client will need to additionally provide photo or video shooting, which was carried out using technical means, devices with GLONASS or other navigation systems.
Denial of payment
The legislation does not provide for compensation if:
- At the wheel was a person not indicated on the policy.
- Damage was caused by a dangerous cargo.
- Compensation for non-pecuniary damage is not provided for by a motor insurance policy in general.
- Damage resulting from the implementation of sports or training activities, if the culprit was on a specially equipped site.
- The amount of payment exceeds the established limit.
In addition, there are cases when compensation for damage in an accident (CTP) is made, but the insurance has the right of regression claim:
- If the damage was caused by an uninsured person.
- If the driver was without a license.
- During the period when the accident occurred, the insurance contract was not valid.
- If the culprit fled the scene of the accident.
- The driver was in a state of alcohol, toxic or drug intoxication.
Damage exceeds liability limit
Despite the changes in the legislation, the current OSAGO payments in road accidents will not be able to compensate for the repair of expensive foreign cars. Even if the owners of the "cool" cars receive a CASCO payment, the insurance company will still put forward a regression request to the culprit. Further events can develop in such scenarios.
1. The culprit can always dispute the amount claimed by the plaintiff by demanding an additional examination. Most often, the court accepts a new calculation. But it is not always possible to “knock off” the amount of up to 400 thousand rubles. - The limit that is covered by the insurance company. But if the injured car was under warranty, it would be extremely difficult to challenge the amount of damage.
2. Sometimes it’s worth going to a settlement. For example, if the amount of damage exceeds 400 thousand rubles, the culprit admits his mistake, he is ready to compensate for the damage, but not immediately, but in parts. Appeal to the court will only increase the costs of the plaintiff, but will bring no other result.
3. If the victim is one, and two guilty, then the victim can rely on double the amount of compensation, since legislative restrictions are evenly distributed on each policy.
Voluntary insurance
If the amount of CTP insurance payment does not cover all the expenses of the affected party, you can apply for a DSAGO policy. Its cost is about 1 thousand rubles. It applies to amounts that are not compensated for by ordinary motor citizens. Coverage can reach up to 1 million rubles.
Compulsory motor third party liability insurance payments
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 is obliged to compensate for the damage caused to another person, and the one that the driver received.
But if the company decides to compete for its money (and this happens in 90% of cases), then the issue will be decided through the court. If during the investigation two corpus delicti are revealed, the driver will receive payment only as a victim. There will be no compensation for the accident in which he is guilty. 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, traffic police certificate, examination results with damage assessment) and contacted the IC. The law does not provide for compensation for payments already made. Therefore, in such cases, always followed by a refusal. Voluntary compensation for damage is a personal initiative of the culprit.
Accident occurred: what to do?
To get started, 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 the insurance. Try to find witnesses to the accident, take contact details and testimonies from them.
In no case do not move the car until the arrival of the traffic police. Take a picture of the accident site on your phone from at least four different angles (several shots). Try to get road markings and signs in the frame.
While you expect, fill out a certificate of accident and a statement of the occurrence of an insured accident under OSAGO. The terms of treatment after an accident are regulated by the contract. As well as the notification form (in writing, by phone, fax, etc.).
Upon arrival, the traffic police will actively participate in all clarifications. Describe in detail how the accident occurred. Make sure that the layout of the scene is correct. If the culprit is you, then try to provide some mitigating circumstances: poor road conditions, idle traffic lights, lack of markings, limited visibility. And be sure to indicate that the accident did not happen intentionally. Do not refuse a medical examination to determine alcohol intoxication.
Sign the protocol only if you agree with all the circumstances outlined there.
Documents for an insurance company
- accident statement;
- certificate from the traffic police;
- insurance contract;
- vehicle registration certificates;
- driver's license;
- policyholder passport;
- certificate of TIN assignment;
- power of attorney if the driver was not the owner of the car.
What OSAGO payment will be made will be determined at the examination. Therefore, before receiving reimbursement from SK, it is not recommended to repair the vehicle at its own expense. According to the law, the company has 20 days to make a decision. In addition to monetary compensation, it is also possible to pay for service stations to restore the car. Upon receipt of a referral for repair, the client confirms a possible increase in the deadlines for the fulfillment of obligations by the company.
If the insured does not agree with the allocated amount of compensation and the quality of repair work, he can challenge the decision. To do this, it is necessary to carry out an independent examination as soon as possible (it is desirable that the culprit of the accident be present), obtain an opinion and submit it to the company along with a new statement. If in this case, the UK refuses to compensate for the repair of the vehicle, you must go to court.
Conclusion
All car owners must have a liability insurance policy, which compensates for material or physical damage caused by the driver to a third party. Since September 2014, legislative amendments came into force, according to which payments for compulsory motor third-party liability insurance in case of road accidents were increased to 400 thousand rubles. regardless of the number of participants in the accident. The deadlines for the provision of documents are regulated by the contract. As well as the notification form: in writing, by phone by fact, etc. The SC has 20 days to make a decision. All issues and disagreements are resolved first on their own, and then through the court.