According to statistics, more than a thousand traffic accidents occur every day on the streets of large cities. Every road accident is fraught with difficulties in resolving the dispute that arises regarding the amount and procedure for compensation for damage to property, as well as the health of the victim in the accident.
Despite the requirements of Russian legislation on compulsory motor third party liability insurance for vehicle owners and risk insurance for car owners under CASCO agreements, the number of disputes related to compensation for damage and collection of due insurance compensation from the insurance company is steadily growing.
In this regard, legal assistance to motorists faced with a similar problem is necessary; without it, the interests of the parties can be significantly prejudiced. This material was prepared by employees of the Moscow Legal Bureau, based on practical material and will help you correctly navigate when resolving this type of case.
Road traffic accident
After an accident occurs, participants must fulfill the requirements stipulated by the Traffic Rules, which may include: completely stopping the vehicle, providing first aid to victims, installing appropriate signs indicating the location of the accident. Regardless of the alleged guilt of one or another participant in the accident, the traffic police department should be immediately notified of the fact of the accident. The Federal Law “On Compulsory Civil Liability Insurance of Vehicle Owners” (OSAGO) provides for the possibility of receiving an insurance payment in the event of undeniable guilt of one party, the absence of other victims, and the estimated damage not exceeding 25,000 rubles.
An experienced car accident lawyer can provide a comprehensive assessment, while persons who do not have special skills in assessing the extent of damage to a car, as well as those who are not able to immediately orient themselves at the scene of an accident and determine the culprit of the accident, should be guided by the general rule and wait for the police to arrive.
In simple cases, when one party confirms guilt, police officers draw up a report on an administrative offense on the spot, as well as a resolution on the case of an administrative offense in relation to one of the participants in the accident.
In difficult cases, when the guilt of a person is not obvious, a date and place are set for the so-called. "debriefing groups". It is advisable for any party to seek professional legal assistance. The services provided by road accident lawyers in such cases are significantly less expensive than the costs that may be incurred by road accident participants who do not know the intricacies and nuances of interaction with insurance companies.
When registering an accident, the parties must indicate the significant, in their opinion, circumstances of witnesses to the accident in their explanations filled out on the spot, make appropriate notes on the accident diagram, as well as the protocol. With the technical capabilities available today, it would be useful to take detailed photographs of the location of cars, brake marks, and vehicle wrecks.
Later, during an administrative investigation (in the “analysis group”), these photographs, as well as data stored in the memory of the video recorder, and witness statements will be added to the investigation materials and can help prove their position in the case.
A car accident lawyer specializing in such cases will help you correctly formulate your version of the incident, present the necessary and sufficient evidence, and will also be able to submit reasoned requests for the appointment of technical examinations.
The purchase of insurance cases for road accidents includes:
- Conducting a legal examination of documents for a car and documents on an insurance case for an accident
- Estimation of the cost of repairing a car after an accident and the usable remains of an insured event
- We sign a contract for the purchase and sale of insurance debts and an assignment agreement (on the assignment of the right to claim compensation for the insurance debt of OSAGO, CASCO from the insurance company)
- We pay the amount
Buying out insurance cases for road accidents is not a complicated procedure. You sell us your car after an accident, along with the right to receive insurance losses to the “Legal Expert”. Our law firm buys out the auto insurance company’s debt and the right to receive compensation from the insurance “Legal Expert”.
Actions of the victim
A person whose car has suffered property damage and who, after an administrative investigation, has been recognized as injured in an accident, receives the right to payment of insurance compensation under compulsory motor liability insurance.
In accordance with the Federal Law “On Compulsory Motor Liability Insurance” and the Rules for Compulsory Civil Liability Insurance of Vehicle Owners, documents for insurance compensation for damage in case of an accident are submitted to the insurance company, either the culprit of the accident or your own.
The victim is required to submit the following documents substantiating his demands for payment (a complete possible list is given below):
- a copy of the protocol on the administrative offense case;
- passport or identity card;
- a copy of the resolution in the case of an administrative offense;
- certificate of road accident form No. 31 filled out by a traffic police officer. (possibly at the request of the insurance organization);
- expert report, if the inspection and assessment of the damaged vehicle was carried out independently;
- account details for transferring “loss”;
- telegrams notifying about a call for examination;
- a document confirming payment for the services of experts, mail, tow truck, parking;
- claim for damages to the insurance company;
- vehicle registration certificate or technical vehicle passport;
- General power of attorney if the vehicle is not owned.
After submitting all the documents required by law, the insurance organization is obliged to transfer the due monetary payment to the victim within 30 days.
If the insurance company does not pay on time under MTPL or comprehensive insurance contracts, liability is provided in the form of a penalty.
Documents required to receive compensation payments
1. Application for compensation payment (Application form for compensation payment).
2. Passport of the victim.
In the event that the applicant and/or recipient of the payment is not a victim - a notarized power of attorney from the victim for the right to represent his interests in the RSA and/or for the right to receive compensation payments.
3. Consent of the guardianship and trusteeship authorities, if the payment of insurance compensation will be made to the representative of the victim (if the victim has not reached the age of 18 years).
4. Bank details for transferring funds (BIC, INN, correspondent/account, settlement/account of the Bank, name of branch, person/account of the recipient).
5. Documents allowing to identify a road traffic accident (RTA) as an insured event:
5.1. A certificate of an accident issued by the police department responsible for road safety - form No. 154, if the accident occurred before 10/19/2017 inclusive (if the accident occurred after 10/20/2017, a certificate of an accident is not provided).
5.2. A protocol on an administrative offense, a resolution on a case of an administrative offense or a ruling on refusal to initiate a case on an administrative offense (with attachments, if any), if the preparation of documents on an accident was carried out with the participation of authorized police officers, and the preparation of such documents is provided for by the legislation of the Russian Federation.
5.3. Verdict / Court decision / Resolution to refuse to initiate a criminal case - original or a copy certified by the court.
6. Documents issued and executed in accordance with the procedure established by the legislation of the Russian Federation, by the medical organization to which the victim was delivered or applied independently, indicating the nature of the injuries and injuries received by the victim, diagnosis and period of incapacity.
7. Certificate from the ambulance station about the medical assistance provided at the scene of the accident (if assistance was provided).
8. A conclusion of a forensic medical examination issued in accordance with the procedure established by the legislation of the Russian Federation on the degree of loss of professional ability to work, and in the absence of professional ability to work - on the degree of loss of general ability to work (if there is such a conclusion).
9. A certificate confirming the fact that the victim has a disability or the category of “disabled child” (if such a certificate is available).
10. If the victim makes a claim for compensation for his lost earnings (income) in connection with an insured event and loss of ability to work, the following documents are additionally provided:
10.1. A medical examination report issued in accordance with the procedure established by the legislation of the Russian Federation on the degree of loss of professional ability to work, and in the absence of professional ability to work - on the degree of loss of general ability to work as a percentage and indicating the period for which this percentage is established (if an injury received as a result of an accident is recognized as an “accident” accident at work”, this conclusion is not provided!).
10.2. A certificate or other document about the average monthly earnings (income), scholarships, pensions, benefits that the victim had on the day of harm to his health (2NDFL), as well as other documents confirming the income of the victim, which are taken into account when determining the amount of lost earnings (income) .
This information is provided one year before the accident (Article 1086 of the Civil Code of the Russian Federation).
11. If the victim makes a claim for reimbursement of additional expenses incurred for treatment and the purchase of medicines, the following documents are additionally provided:
11.1. An extract from the medical history, outpatient/inpatient card of the patient, issued by a medical institution with the prescription/recommendation of the attending physicians for the necessary medications, treatment (reimbursement of funds spent on medications, treatment is carried out if the victim did not have the right to receive them free of charge).
11.2. Documents confirming payment for the services of a medical organization and/or purchased medications (cash receipts, receipts on strict reporting forms).
12. If the victim makes a claim for compensation for additional expenses incurred by him, listed below and caused by damage to health, the following documents are additionally provided:
12.1. A medical report, a medical-social or forensic medical examination report issued in accordance with the procedure established by the legislation of the Russian Federation on the need for additional nutrition, prosthetics, outside care, sanatorium-resort treatment, special vehicles and other services.
12.2. Documents confirming expenses for additional food:
· A certificate from a medical institution about the composition of the daily food package of additional food required for the victim.
· Documents confirming payment for purchased products from the supplementary nutrition food package.
12.3. Documents confirming the costs of prosthetics:
· An extract from the dental record indicating the dental formula of the treatment plan and the procedures performed.
· Documents confirming payment for prosthetic services - originals of cash receipts, sales receipts, calculation of a medical institution with a breakdown of the cost of services provided.
12.4. Documents confirming expenses for outside care:
· Documents confirming payment for care services (a notarized agreement on the provision of care services (medical/household), copies of payment orders certified by the bank evidencing the transfer/original receipt of the transfer of funds to the recipient’s account, or a postal transfer, or a notarized act of acceptance and transfer of funds).
12.5. Documents confirming expenses for spa treatment:
· An extract from the medical history issued by the institution where the spa treatment was carried out.
· A copy of the sanatorium-resort voucher or other document confirming the receipt of sanatorium-resort treatment, certified in the prescribed manner.
· Documents confirming payment for a trip to a sanatorium-resort treatment (original cash receipts, sales receipts).
12.6. Documents confirming the costs of purchasing special vehicles:
· A copy of the vehicle's passport or registration certificate.
· Documents confirming payment for the purchased special vehicle.
· A copy of the agreement under which the special vehicle was purchased.
12.7. Documents confirming expenses associated with preparation for another profession:
· Invoice for payment of vocational training (retraining).
· A copy of the agreement with the organization providing vocational training (retraining).
· Document confirming payment for vocational training (retraining).
12.8. Documents confirming expenses for medical rehabilitation and other expenses
caused by damage to health as a result of an insured event:
· Documents from medical or other organizations confirming the need to receive relevant services or items.
· Documents confirming payment of such expenses.
Collapse
Expertise and compensation
In accordance with the law, insurance organizations, when inspecting and assessing a damaged vehicle, resort to the services of independent automotive technical expertise, with which relevant contracts have been concluded on an ongoing basis. However, it is a well-known fact that such “partnerships” often lead to a reduction in the real cost of restoration repairs, as a result of which victims have justified claims regarding the amount of monetary payment.
This fact can be confirmed by every practicing lawyer (lawyer) in traffic accidents.
Moscow is no exception - capital insurance companies, like others, strive in every possible way to reduce payments.
If the insurance company has already assessed the car, the victim has the opportunity to challenge the conclusions of the examination and claim greater compensation. However, insurance organizations reject the claims made, even if they provide a new independent examination conducted by the victim independently. Such cases have an exclusively judicial perspective, and in most cases the court appoints a third independent judicial auto-technical examination to make final conclusions about the amount of compensation to be paid.
In other cases, with high-quality legal support, when an experienced motor vehicle lawyer for comprehensive insurance and motor insurance is involved, in strict accordance with the law (notification by telegram to the insurance company responsible for the accident, within the deadlines) victims of the accident conduct and organize their own independent examinations and then submit them to insurance organization. However, even in this case, it is not excluded that the insurance company will disagree with the amount of payment, which leads to an unexplained payment of a smaller amount. Such cases are also subject to resolution in court.
What does certificate No. 154 provide?
A certificate of a traffic accident is an important component of the set of documents in almost every insurance company. In other words, to receive compensation payments from the insurance company, you simply need the named document. Otherwise, you will not receive any reward. An exception is the one-time compliance with three conditions under which it is possible to obtain insurance without a certificate of an accident:
It is worth noting that if traffic police officers delay issuing a certificate, explaining this by the current lack of standard forms, or citing other circumstances that are not a valid reason, they are considered unlawful and illegal. What should a victim of an accident do in this case? Write a complaint to the head of the traffic police or to the prosecutor's office.
In addition, every car owner should know that Certificate-154 is only necessary to present it to the insurance company when receiving insurance compensation, while many car inspectors require this document when drawing up a resolution to refuse to initiate administrative or criminal prosecution. Such behavior by authorized persons is unlawful and does not comply with the law.
How is a certificate of a traffic accident prepared?
Despite the fact that issuing a certificate of a road accident is the exclusive prerogative of traffic police inspectors, motorists should know what it looks like and how to draw it up correctly and competently. This will help eliminate the possibility of errors associated with incorrect filling.
Let us remind you that the certificate form is strictly regulated and has the form of an established sample.
Certificate No. 154 must contain the following information:
To prevent the procedure for compensation for damage under an insurance policy from becoming an endless stream of difficulties and problems due to incorrectly executed documents when registering a car accident, carefully read everything you sign or seek help from highly qualified specialists. Our traffic lawyers will explain your rights and obligations, help you monitor the actions of traffic inspectors, provide assistance in the process of compensation for damage, and tell you how to obtain a certificate of an accident from the traffic police without unnecessary delays. Having studied the wide range of services of our law firm, you can choose the right service for yourself.
Recovery of damages from the culprit of an accident
The Federal Law “On Compulsory Motor Liability Insurance” establishes a maximum limit on payments to victims of road accidents: in terms of compensation for damage caused to the life or health of each victim, the insurance company does not pay more than 160 thousand rubles for compulsory motor liability insurance; in terms of compensation for damage caused to the property of several victims, no more than 160 thousand rubles; in terms of compensation for damage caused to the property of one victim, no more than 120 thousand rubles.
Thus, it should be recognized that the interests of victims in most cases are infringed, because the amount of insurance compensation in the absence of “extended” MTPL contracts for the culprit of the accident, as well as CASCO for the victim, is not enough to cover the damage caused by the accident. If the amount of compensation for damages established by an independent examination exceeds what is permitted by law - as a general rule, 120,000 rubles. – the difference is subject to recovery from the culprit of the accident.
Recovery of damage caused by a traffic accident in most cases does not have a pre-trial prospect of resolving the dispute and ends in court. At the same time, the culprit of the accident has the right and opportunity, in accordance with the requirements of the law, to challenge monetary compensation, even though he has not previously made any claims regarding the quality of the examination performed.
How to get a certificate of an accident from the traffic police
At the final stage of the investigation of a traffic accident, traffic inspectors issue a certificate in form No. 154, which is an indisputable basis for compensation for losses incurred in an accident from the insurance company or collection of compensation payments directly from the causer of harm. Russian legislation contains certain requirements for the form of the document and rules for filling it out. However, recently, the vast majority of car owners involved in an accident are experiencing difficulties in obtaining insurance compensation due to incorrect and illiterate filling out of the accident certificate.
After registering a car accident, the injured citizen goes to the office of the insurance company and writes an application for payment of compensation; it is necessary to attach a certificate of the road accident and other documents received from the traffic police. Unfortunately, practice knows quite a few cases when traffic inspectors violate the rights of participants in an accident, in particular, they refuse to provide a certificate in Form 154 within the established time frame. In order for the document to be issued in a timely manner, the car owner needs to know the requirements of departmental orders and requirements regarding the preparation of similar documentation.
Legal assistance in case of an accident
This article presents typical situations, as well as the most common difficulties. For review, we offer several statements of claim prepared by employees of the Moscow Legal legal bureau, for which positive decisions were received.
It is important to remember that with timely contact with lawyers specializing in road accident cases, a person whose property has been damaged is able to obtain the maximum possible compensation, even when the insurance company does not pay a reasonable amount of money, or when it is necessary to recover damages from the culprit of the accident.
In addition, expenses incurred by the party for the services of a lawyer (lawyer) rendered in connection with an accident are also subject to reimbursement. Moscow is as convenient as possible for the clients of the office - on an ongoing basis we cooperate with leading independent expert organizations that have positive experience in the field of appraisal and forensic examinations.
Issue date
Let's look at this in more detail. A certificate from the traffic police about an accident is issued by law enforcement officers at the scene of the accident. The exception is situations in which drawing up a document is impossible.
Among the main ones are the following:
- traffic police officers were urgently called on other matters;
- Vehicles damaged in a collision must be towed to another location for safety reasons.
If any of the above situations arise, filling out the protocol may be canceled, as a result of which the driver will not receive any certificate. Thus, if the culprit of the accident is another person and you want to receive compensation for losses, you will have to run a little around the relevant authorities. It is necessary to understand that a certificate of accident from the traffic police must be issued within 24 hours, otherwise the insured event will not be considered as such. Therefore, in order to avoid problems in the future, it is best to check with the inspector where and when you can receive the document.
If you could not personally attend the registration, for example, due to hospitalization, then in this case you should contact the police department, whose officers were present at the scene of the incident. There you will be given all the necessary papers and you can provide them to the insurance company. In this case, you have 3 years from the date of the traffic accident to obtain a certificate. But despite this, it is better not to delay for too long, but to complete the documents as early as possible.
