Pre-trial claim to an insurance company under MTPL

What does the law say?

On September 1, 2014, a number of changes were made to the Federal Law “On Compulsory Civil Liability Insurance of Vehicle Owners,” which in particular affected the period for consideration of a claim under compulsory motor liability insurance.

After the occurrence of an insured event, you contact the insurance company with a statement and attach all the necessary documents. You need to do this within a period that does not exceed 15 working days. From this moment the Insurer has 20 days to pay the insurance compensation. The total period for consideration of a victim’s application has now been reduced from 30 to 20 calendar days. However, if you have an old-style MTPL policy, then the application review period is 30 calendar days.

The inspection of the damaged vehicle will have to be carried out, as before, within 5 working days. If the victim does not provide his car for inspection, the insurer may extend the period for making a decision on his insurance event by 20 calendar days, which he must inform the policyholder about.

What to pay attention to

Please note that when filing a pre-trial claim, in addition to demanding payment of insurance compensation, you have the right to demand payment of the amount of the penalty if the insurer violated the deadline for considering the application. As follows from the “letter” of the Law:

In case of violation of the payment deadline, the insurance company will be obliged to pay a penalty in the amount of 1% of a certain amount of insurance payment according to the type of harm caused to each victim.
If the Insurer violates the deadline for sending a refusal to pay insurance compensation, then it will be obliged to pay money to the Insured for each day of delay in the form of a financial sanction in the amount of 0.05% of the established insured amount according to the type of harm caused to each victim.

In this case, both the penalty and the financial sanction will be paid by the insurance company after receiving a written application from the interested party with such a requirement in an amount not exceeding the amount of the insured amount for the type of damage caused.

How to draw up and submit a pre-trial claim

A pre-trial claim under compulsory motor liability insurance can be written in the usual free form; there are no mandatory requirements for its details.

The claim must include the following information:

the name of the insurance company, its legal and actual address, as well as information about its director (full name);
details of the applicant (full name, place of residence);
title of the statement;
a brief description of the actual circumstances, their essence, as well as your insurance policy number;
an exact list of the requirements that you present to the insurance company;
the circumstances that served as the basis for the appeal (in this case, it would be correct to refer to the norms of the current legislation);
the applicant's surname and signature;
The date your claim was filed.

Please note that a letter from the insurance company denying your claim, if it makes such a decision, will be sent to the postal address that you provide in your application. Accordingly, if for some reason you do not live at your place of permanent registration, be sure to indicate your actual address.

The claim can either be sent by mail in a valuable letter with an inventory of the documents it contains, or submitted to the insurance company in person. If you choose the second option, you should have two copies of the text of your application - one of them, together with the documents that you specified as an attachment, you will leave to the insurer, the other will indicate that the claim has been received, the date of receipt and the incoming number. You can ask the person who accepts your claim and signs your copy to decipher his signature and legibly put his last name next to it.

In the text of the claim, you must list the documents that you are attaching to it with an exact indication of the number of sheets, and not just attach the documents.

In this case, either the original documents or their copies, which you have certified by a notary, must be attached.

In addition, either directly into the text of your application or as a separate document to the claim, you should add your bank account details so that the insurer that decides to satisfy your claims has the opportunity to transfer you the amount of losses caused to you by bank transfer.

Where and how to file a claim under MTPL

The claim can be sent not only to the insurance company, but also to the person at fault in the traffic accident, and even to both parties at the same time. This depends on the specific circumstances and requirements of the victim.

The legislator clearly regulates the period within which the victim must file a pre-trial claim with the insurer. It is 20 days (working days). And it is calculated from the expiration of 20 days, which were provided to the insurer for consideration of the initial application.

If the policyholder cannot submit a written claim within these deadlines without a valid reason, then the pre-trial settlement is considered not completed, and accordingly it will be impossible to recover damages from the insurance company even in court.

If the insurer clearly violates the deadline for considering a payment dispute, then it is possible to send a claim to it before the end of the twenty-day period.

If the insurance company does not fully cover the damage caused as a result of a traffic accident due to the fact that the mandatory limit has been exceeded, then a claim can be sent to the person responsible for the accident. Such a claim is most often sent by registered mail. But a claim to the insurance company can be either sent by mail or submitted in person.

In order to personally (or through a representative) submit a claim to the insurance company, you must draw it up in two copies. On the copy that remains with you, the representative of the insurance company must indicate the date of receipt, his last name, signature and seal. You can also file a claim directly at the insurer’s office on a form that he must provide.

Claim to an insurance company under compulsory motor liability insurance: sample

The sample for filling out a claim to an insurance company cannot be uniform. Each individual case has its own subtleties and circumstances that must be taken into account when drawing up the document. If you are writing a claim to the insurer, it is important to refer to the articles of law that were violated by the company. It is also worth indicating who was responsible for the incident, after which compensation for damage is necessary.

Do not forget to keep for yourself all checks and receipts that you received for the examination, postage and other expenses. Firstly, this can become evidence of your communication with the insurance company, as well as the basis for a court decision to compensate all these losses from the insurance company.

Always keep copies of documents you submit to the insurance company or to the court. This will be a good hint for you to conduct business. If you decide to contact a lawyer, they will need this information to better understand your issue.

To avoid problems when receiving compensation or conducting an examination, it is recommended to save data after all technical work on car repairs. When filing a claim, be sure to indicate:

number of the policy under which the insurance case was opened;
registration data of cars involved in accidents;
the policy number of the person responsible for the accident;
copies of documents received from law enforcement agencies;
results of independent examinations.

A properly drafted claim may save you from litigation and put an end to the conflict with the insurance company!

Types of compensation under OSAGO in Ingosstrakh

Ingosstrakh guarantees repairs under compulsory motor liability insurance or provides compensation in the form of a sum of money. There is a maximum amount of payments, which directly depends on the nuances of the traffic accident. There is in-kind compensation in the form of repairs, or payment of an insurance premium in cash. Main aspects of the issue:

The motorist receives the MTPL payment in full if the company goes bankrupt and the insurer’s license is revoked.
Compensation is guaranteed if the person whose fault the accident occurred is identified and the culprit has a compulsory motor liability insurance policy.
If property is damaged, you should read clauses 1–2 of the contract.
The in-kind form is compensation that is carried out through repairs at service stations with which Ingosstrakh has entered into an agreement, or a sum of money is provided after an assessment of the vehicle by an independent expert.

An analysis of the situation will allow you to determine the type of compensation. If an accident occurs, a citizen can register an accident via electronic notification. At the same time, it is important to record all the circumstances of the accident before moving the vehicle from the scene of the accident using the mobile application “Compulsory Motor Liability Insurance Assistant”.

Note. It is advisable to use the electronic assistant only if both participants in the accident are individuals. At the moment, the application only works in Moscow, Moscow Region, St. Petersburg, Leningrad Region and the Republic of Tatarstan.

When should you file a claim with the insurance company?

A claim to the insurance company (a sample will be discussed below) must be drawn up without fail if you plan to go to court. Previously, this stage was not mandatory, but now changed rules apply.

To give insurance companies a chance to resolve the conflict out of court, it is worth drawing up this claim and sending it to the office. The rules of compulsory insurance state that you can go to court when peaceful negotiations have not yielded results. To prove to the court that such negotiations took place, this claim is necessary.

Important! This document should be sent by registered mail with notification and a description of the attachment. As a last resort, you can bring a package of documents to the office in person, demanding that you put the date of acceptance of the document and a stamp on the second copy of the paper.

The insurance company has no right not to respond to such a request. No response or

An unsatisfactory response may serve as a legal basis for drawing up a statement of claim. What situations may give rise to a claim?

A smaller payment amount has been received into your account.
The insurer, for unknown reasons, refused to pay.
The deadline for payments has passed, but there is still no money.

Relatively often, drivers have to deal with the small amount of payment. The insurer carries out its assessment of the damage, draws up a vehicle inspection report, and then calculates repairs at the lowest possible prices. In this regard, the victim receives such an amount for which it is impossible to carry out even the most basic repairs, let alone restore the car.

Before filing a claim on this issue, you need to do a little preparation. You should conduct your own independent examination with another company and attach a copy of this document to the claim. These documents will be a good help in case of going to court.

When the insurer completely refuses to compensate you, it is important to request a written refusal from them. Analyze the refusal, perhaps even consult a lawyer about this. As a rule, such refusals have no legal basis.

If the insurer conducted an investigative examination, which showed that the specified damage could not have been sustained in this accident, challenge this document if you are sure that you are right. You can also go to court about this.

The insurer sued for damages. Read about the claim against the insurance company under MTPL here.

Find out what to do if the insurance company refuses to pay you at the following link:

If there are unjustified delays in payment terms, you must also file a pre-trial claim. Such actions are called in the law “artificial prolongation of deadlines.” Feel free to submit documents and if there is no response, go to court.

Recommendations for filing a pre-trial claim with an insurance company

What should a claim to an insurance company for CASCO look like (a sample is on the website)? This is an important question, because incorrect preparation of this document will lead to an unequivocal refusal. It is legal illiteracy that unscrupulous insurers take advantage of.

Of course, for any insurance company, compensation for material costs is a significant loss. Therefore, they are looking for any excuse to protect themselves from economic difficulties. Typically, the rules for drawing up this document are contained in the insurance contract itself, and some insurance companies even provide ready-made forms. However, it is important that everything is legally correct and justified.

There is a list of cases when it is worth filing this claim:

if the victim was denied free medical care;
if the payment is underestimated or completely denied;
if the hospital refused to provide free treatment and necessary medications;
if the compensation deadlines are missed.

Important! Before you sign an insurance contract, always re-read it. Check that there are no illegal commissions or additional services.

What do you need to know to file a claim?

The document is sent to the head of the insurance company.
The essence of the claim should look like a claim for compensation for damages due to an insured event.
The text of the claim must describe what happened, the circumstances of the accident and the measures that were taken by you and the insurer.
State your demands to the insurance company clearly and legally.
The policy number under which the dispute exists must be indicated.
Indicate that if you refuse, you plan to go to court.
Attach copies of documents to the document: protocols, resolutions, certificates, examinations.
Enter the entire list of attachments into the text of the claim itself.
Strictly adhere to the established deadlines for filing a claim.
Sign the document and date it.

Important! If, in addition to financial issues, you are faced with other illegal actions of insurers, it is worth simultaneously filing a complaint with the RSA or another supervisory authority.

When a claim to an insurance company under compulsory motor liability insurance (see sample below) has been drawn up, it can either be sent by mail or delivered to the insurers in person. It is very important to obtain their stamp and signature with the date of receipt.