Insured event under MTPL

The likelihood of receiving a positive decision directly depends on how quickly documents are collected and submitted to the insurance company after an accident. Therefore, every driver needs to know what documents are needed for insurance in case of an accident under compulsory motor liability insurance.

Although there is no specific deadline for submitting documents to the insurer after an accident, significant delays may reasonably raise suspicions among the insurance company. This is due to the constantly growing scams in the field of receiving insurance payments. Naturally, the mere fact of a delay cannot serve as a basis for rejecting a claim, but potential litigation is unlikely to interest any drivers.

The law establishes the obligation for the insurance company to provide compensation and compensate for the damage caused. However, despite this, the insurance company may cite a huge number of reasons to refuse to pay.

The procedure for providing compulsory motor insurance

Every driver is required to have an MTPL insurance policy. Registration takes place annually, and for violating the rules and not having a policy, or for overdue insurance, the driver faces a minor fine of 800 rubles. Having a policy means that the insurance company undertakes to compensate for damage caused by the driver on the road. However, the law sets specific restrictions. So, in excess of the maximum amount, as well as for certain obligations, liability arises for the driver personally.

On the market you can find a huge number of organizations providing insurance services. Among them there are both large and well-known, for example, Reso-garantiya or Renaissance, as well as completely new and small ones. Insurers may vary the cost of services, as well as other conditions.

ATTENTION !!! The most important thing to pay attention to when choosing is the availability of a valid license to operate.

Compensation is provided in various ways: repair of property, or payment of funds for independent disposal. In 2021, insurance companies prioritize the first option, since it reduces the number of fraudsters and is more profitable for them. For ordinary drivers, repairs at the expense of the insurance company are rarely convenient due to certain reasons.

The MTPL insurance policy only covers the following types of damage:

property damage, which is caused directly to the car or other objects;
harm to health caused to any persons injured in an accident.

The amount of payment should not exceed 400 thousand rubles for property damage and 500 thousand rubles for damage caused to the life and health of people. These amounts are the maximum permissible, beyond which all payments fall on the culprit of the accident. Despite this rule, there are certain exceptions when you do not have to pay.

As a general rule, the insurance company is directly involved in calculating and determining the amount of damage caused. For this purpose, examinations may be appointed, harm assessments and any other actions may be carried out. These conclusions must be in writing and only on their basis a final decision is made. The interested party can also provide their documents determining the amount of harm caused. Based on all the materials, a final decision is made on the possibility of compensation, as well as its amount. If the interested party disagrees, the decision can be appealed both to the insurance company itself and through court proceedings.

IMPORTANT !!! The insurance amount is paid by the company responsible for the accident. They are the ones who bear the main losses. Therefore, if victims and other interested parties do not have an insurance policy, it does not deprive them of the right to expect to receive compensation in full.

If the culprit does not have an insurance policy, compensation for the damage can be made in accordance with the general procedure provided for by civil law. The victim must make a claim for voluntary compensation and then file a claim in court. This method is much more difficult, since in most cases you will have to act independently.

Application for insurance payment OSAGO

Documents submitted to the insurance company will include an application for payment or a referral for repairs. Law No. 40-FZ gives priority to the restoration of the car through a service station with subsequent payment of the work order by the insurer. In practice, insurance companies often agree to pay the money outright, especially if they do not have a permanent contract with the car service center.

The application form must comply with the law, but insurance companies can approve the standard form themselves. For example, VSK, SK Soglasie, and a number of other insurers have their own application template. The text of the document reflects the following data:

registration information about the insurer (you can find this out from the MTPL policy);
information about the victim (driver, passenger, pedestrian, property owner);
general information about the accident (date and place, circumstances corresponding to the notification);
details of the MTPL insurance policy;
an indication of agreement with the assessment amount carried out by the insurer's experts (if an independent examination was carried out, this fact must be indicated);
personal signature of the applicant, date of execution of the document.

Find out more Insurance payments under MTPL

It is not necessary to submit the application directly to the insurer's office under MTPL. This can be done by mail or through a representative . If your interests will be represented by a lawyer or other person, you need to have the power of attorney certified at a notary office.

Possibility of receiving insurance payments

Having an issued policy does not mean that you can receive payment for any damage. The law establishes the grounds under which a driver can expect to receive compensation. There are quite a few criteria, but the key and mandatory one is the presence of an accident, since liability is insured only on the road. Large insurance companies such as Rosgosstrakh and Ingosstrakh can establish other additional types of compensation, which is directly beneficial for clients.

IMPORTANT !!! To confirm the fact of the accident, it is necessary to properly document the accident. Depending on the circumstances of the incident, you can do this yourself, or by calling traffic police inspectors. In this case, the size of the harm caused, the presence of victims and other criteria do not matter; only registration is required in the prescribed manner.

If the parties agreed independently and did not draw up any documents, it is unlikely that it will be possible to obtain compensation from the insurance company. In this case, you will have to provide substantial evidence of the fact that the accident occurred.

Statement

Before visiting the insurance company, you need to fill out an application for payment of damages under the policy.

It contains the following data:

name of the insurance agency;
address and full name of the policyholder;
description of the nuances of the incident;
damage caused as a result of an accident;
information about all participants in the accident;
petition for compensation for damages.

Whatever documents are drawn up during the investigation of an accident, it is recommended to take photographs of them.

Documents from the State Traffic Inspectorate

The documents from the traffic police that must be submitted to the insurance company include:

certificate of incident No. 154 with a stamp, seal and filled in fields;
a copy of the protocol on the offense in accordance with the Code of Administrative Offenses of the Russian Federation with the seal of the inspection;
a decision to refuse to initiate administrative proceedings with a seal and certification that the copy is correct;
a copy of the receipt with a stamp.

It is possible to register an accident without involving traffic police officers by drawing up a Europrotocol. This can be done if there are two participants and no one is injured. In this situation, you need to provide this protocol to the insurance company.

Other papers

Other documents for insurance include:

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notification of a traffic accident;
a copy of the vehicle's title and registration certificate;
driver's license who was driving the car at the time of the accident;
a copy of the applicant's identification document;
a general or notarized power of attorney in the case where the vehicle does not belong to the driver;
the results of an independent examination initiated by the driver, or a report from the scene of the incident, including recording the damage and explanations of the participants;
notification of an invitation to an examination if it is carried out;
receipts for payment of all fees and services;
bank account details for transferring compensation;
a copy of the insurance policy of the party involved in the accident.

Documents for property damage

If material damage to property has been caused, the following must be provided to the insurance company:

an independent expert’s report documenting the damage caused;
receipts for payment for expert services and storage of property;
documents confirming ownership of the damaged property;
certificate of evacuation of vehicles.

The applicant may submit other documents if he deems it necessary and when they can prove any damage to the property or the need for expenses caused by the accident.

Documents if there are dead

If there are injuries to the participants in the accident or there are dead, in addition to the traffic police officer, a police investigator and a criminologist must be present at the scene of the incident.

As a result of their work, the following papers are drawn up:

a diagram of the incident on paper specially marked by millimeters;
conclusions based on the results of a medical examination on the presence or absence of signs of alcohol or drug intoxication among drivers;
certificate of accident;
protocol for inspecting vehicles and checking their technical condition;
protocol on the offense;
The records record the testimony of participants and eyewitnesses, who can subsequently be questioned by the court as witnesses.

Subsequently, the police investigator, based on the study of these papers and depending on the severity of bodily injury or death, qualifies the incident as administratively or criminally punishable.

In addition to the specified papers, it is necessary to submit to the insurance medical certificates that record bodily injuries, or a copy of the death certificate of the deceased.

How is damage compensated by an insurance company?

Recently, the main way to provide compensation has been to send the car for repairs at the expense of the insurance company. This feature is not perceived very positively by the drivers themselves. Firstly, there is no opportunity to choose the service yourself, and secondly, repairs carried out by the insurer are much more expensive. For example, due to the inadmissibility of installing used parts, you will not be able to save money on repairs. This method is beneficial for the insurer, but not for the driver, so the latter try to get a cash payment.

The law provides for the possibility of receiving monetary compensation in the following cases:

Based on the conclusions and examinations, car repair is not profitable due to serious damage;
it is impossible to carry out repairs with the established funds, and the driver refuses to provide additional funds;
if the insurance company is unable to repair the vehicle for any reason:
in case of violation of the repair procedure. For example, when its implementation is impossible within the 30 days established by law;
upon reaching agreement between the insurer and the driver. For example, when the driver has a difficult financial situation and the company agreed to a meeting;
in a fatal accident. In this case, the heirs and relatives of the deceased receive the right to claim compensation.

Therefore, there are several options for obtaining compensation from the insurance company. However, to do this, it is necessary to register an accident, collect documents and submit them to the insurer.

What are the deadlines for payments and repairs after submitting documents?

After you have submitted documents for payment or repair of the car, within 5 days the insurance company is obliged to inspect and conduct an examination of the damage to the car (and you are obliged to provide the car for inspection within 5 days or accept a representative of the insurance company at the address specified in the application, if the car not on the go) or within 3 working days after receiving these documents by mail, notify the victim of the insufficiency of such documents. If the documents are accepted, then within 20 days, except for non-working holidays, the insurance company is obliged to transfer money or give a direction for repairs to the victim. Moreover, the above 5 days are included in the payment/referral period for repairs.

If the accident was registered according to the European protocol, then both participants in the accident are required to submit notification forms to the insurance company within 5 days after the accident. This is important, because if the person at fault for the accident fails to provide his form, he will face recourse. In addition, both participants are required to provide their cars for inspection within 5 business days after the request from the insurance company. Also, both participants in the accident cannot have their cars repaired in the case of the European protocol for 15 calendar days, except non-working holidays, after the accident.

For late payment, the insurance company pays a penalty (penalty) in the amount of 1% of the payment amount or the estimated cost of repairs for each day of delay. You need to write a separate statement about this after receiving payment or referral for repairs.

For repairs, the minimum warranty for such repairs must be at least six months, and for body work and painting work - at least a year. The repair period can be no more than 30 days after the damaged vehicle is returned to the service center.

At the end of the article, we strongly recommend that you familiarize yourself with the important articles of the Federal Law “On Compulsory Motor Liability Insurance” regarding insurance cases: Articles 11-14.1 of the law.

Correct registration of an accident

As mentioned earlier, a mandatory requirement for receiving insurance payment is to document the fact that an accident has occurred. After this procedure, you can contact the insurance company with the completed document. It is on this basis that the payment will be made. Today, there are several ways to file an accident.

Calling a traffic police officer is not an absolute obligation. You don’t always have to wait long hours and waste time on registration.

Registration without a traffic police officer is permitted in the following cases:

The accident caused damage only to property and did not cause harm to human health;
as a result of the accident, no more than 2 vehicles were damaged;
property damage does not exceed 100 thousand rubles. It can be difficult to determine the size on site, but it is necessary to proceed from objective circumstances;
The participants reached a common decision and there are no disagreements regarding the accident.

Since traffic police officers are not called, registration takes place according to the European protocol, which the participants draw up independently.

The document drawn up must meet certain requirements:

Attached are photographs from the scene of the incident. The more detailed pictures, the better, since in this case it is much easier to prove to the insurer that what happened. For this reason, this point is the most important;
photographs must be taken immediately after the accident. Vehicles may not be moved or moved. Violation of this rule may be grounds for refusal to provide payment;
All information is entered on a special form, to which photographs and other documents are attached.

ATTENTION !!! The compiled protocol is already ready and can be used to receive MTPL payments. To do this, it is enough to transfer it to the insurer. In most cases, no other documents will be needed. In the future, the insurance company may require additional information, for example, details for transferring funds

It is important to remember that from July 2021 the European protocol form has been changed. From now on, you can’t use the old way.

Basic list of documents for compulsory motor liability insurance

Requirements for the preparation of documents for obtaining compulsory motor liability insurance are regulated by Federal Law No. 40-FZ and Regulation of the Central Bank of the Russian Federation No. 431-P. They must be submitted by the victim of an accident, i.e. the owner of the vehicle or property, passengers or pedestrians who are injured. In the event of the death of the victim, the heir can submit documents to the insurance company.

After an accident, insurance documents are submitted to the victims. Here are the documents the MTPL Law includes in the basic list for receiving insurance payments:

notification of an accident (filled out at the scene of the accident according to the Europrotocol program, or with the participation of a traffic police inspector);
passport or other document confirming the identity of the victim;
title documents for the vehicle (registration certificate, PTS);
MTPL policy under which insurance compensation will be paid;
claim for damages.

In practice, the list of documents will be significantly larger. It depends on the circumstances of the accident, the nature and extent of the damage, the type and severity of physical harm. In addition, insurance companies can expand the list of forms for obtaining compulsory motor liability insurance based on their own rules. This usually concerns the issuance of directions for car repairs, since each insurer has its own agreements with service stations.

A separate list includes documents confirming the guilt of one of the participants in the accident. Since 2021, the traffic police has not issued a certificate of accident, so the culprit can be identified:

according to a notice drawn up by drivers under the Europrotocol program;
according to protocols and resolutions on administrative offenses;
according to a judicial act, if both drivers are found to be at fault.

If you did not receive the specified documents immediately after the accident, they must be issued to the traffic police. To do this, you need to contact the road inspectorate, which services the area where the accident occurred.

Also, after an accident, it is necessary to present the car to the insurer for inspection and damage assessment. The results of this procedure are recorded in the insurance company appraiser's report. If you disagree with the results of the assessment after an accident, the victim can order an independent examination.

Find out more Compensation for material damage as a result of an accident

Registration with a traffic police officer

It is not always possible to create a document yourself. The law provides for situations when registration should be carried out only by a traffic police officer.

These should include:

the participant in the accident suffered harm to health or a fatal accident;
the amount of damage to property exceeds the permissible 100 thousand rubles;
major accident in which more than 2 vehicles were damaged;
one of the participants does not have an insurance policy;
the drivers were unable to reach a common decision, which is why it is impossible to apply for a simplified procedure;

Even when filing in this order, you can resort to collecting additional evidence as in the previous case. During legal proceedings, they can seriously help with proving the true facts of what happened.

Instead of a European protocol, a document confirming the fact of an accident will be a certificate issued by the inspector after all procedures. Based on this, it will be possible to receive a payment from the insurance company.

Independent technical expertise

Every driver understands that in order to obtain insurance, you need grounds confirming the extent of the damage caused. Naturally, for insurance, the accident must be recorded, but in addition to providing the previously specified list of documents to receive compulsory motor liability insurance payments, you will need an expert assessment.

Usually, after filing an application for a PES, the insurance company is required to conduct an examination in order to know what amount they must pay you. But even in the case of an obvious insured event, the company, or rather their experts, may not calculate the amount that the victim was hoping for.

Application procedure

To receive insurance payment, documents must be submitted not only on time, but also according to a certain list. But before collecting documents, you must notify your insurance company about the traffic accident.

The victim can contact his own Investigative Committee if there were no bodily (physical) injuries, or the culprit. The culprit must also notify his company. By calling the insurance company, they will tell you in more detail about further actions and what documents you need to provide to the insurance company.

The protocol and other documents filled out by the inspector and submitted to the insurance company must have the stamps of the traffic police and the signatures of both the culprit and the victim. When contacting the insurance company, you must make sure that your application was accepted and processed on the same day.

It is advisable to give the documents for the insurance company and the notification of the accident to the company in person, rather than notify about the incident by telephone.

What is processed on site

The deadlines for submitting documents to the insurance company provide that the victim will not be able to provide all the certificates within the agreed period. This applies to medical certificates, as well as receipts confirming the victim’s expenses. The rest of the list, or rather most of it, is filled out on the spot and provided to both participants in the accident on the same day.

First of all, if issuing a Europrotocol is impractical, you should call a traffic police officer. He, in turn, will inspect the scene of the traffic accident and begin processing the necessary documents.

You need to start filling out documents for compulsory motor liability insurance after an accident with notification of it; this can be done before the arrival of the traffic police inspector.

The traffic police will issue:

Diagram of the traffic accident that occurred;
Witness statements;
A copy of the protocol on the administrative violation for the victim and the original for the culprit;
An appendix to this protocol indicating the presence of damage that was received as a result of an accident;
A certificate of an accident, the information in which is needed to receive compensation from the insurance company.

Contacting the insurer

After receiving the main supporting document, you can contact the insurance company. In this case, you will need additional documents that are not evidence of the accident.

ATTENTION !!! There is a recommendation according to which it is better to submit documents no later than 5 days after the accident. It is not mandatory in nature and the driver does not face anything for violating the deadline. In addition, the law does not indicate a special period for cases of receiving insurance payment, therefore the general terms of civil law apply to such legal relations.

You need to contact the insurance company of the at-fault party. As additional documents you need to have:

identification document;
documents for the car, including a registration certificate;
insurance policy or its details;
other evidence regarding the incident;
if examinations were carried out or funds were spent - conclusions and receipts for specific services;
details where the insurer must transfer funds.

This list is open, so depending on the situation, the insurance company may ask you to provide other documents.

Review begins upon receipt of the entire package. The insurance company must respond within a specified time frame. If everything was done correctly, the answer will be positive. If you disagree with the decision or the amount of compensation awarded, you can file a claim. If it is rejected, you should file a lawsuit and prove the case in court. It will be difficult to sue the insurance company on your own, so to achieve the desired result, it is best to seek help from professionals.

Payment terms

Not only applicants have time limits, when they must collect and submit all documentation as early as possible. For insurance companies, there is a certain period for processing an application. It is no more than 20 days in total.

The first day from which the countdown is made is considered:

the day of submitting the application during a personal visit to the client;
the date affixed to the stamp from the post office to which it was received if the application was sent by mail.

What happens in 20 days with the application:

5 working days are allocated to inspect the condition of the car and assess the damage by an expert;
5 days – for additional examination, if the need arises. This usually happens in cases where there is no independent expert assessment;
10 days for the preparation and execution of the necessary documentation on the part of the insurance company: for example, a report on the occurrence of an insured event and others.

On the part of the insurance company, a delay at any stage is primarily a negative response from the client. Secondly, this is a great responsibility to the applicant. In the interests of the injured party, the right to resolve the situation out of court is provided. To do this, someone who is dissatisfied with the speed of work of the company’s employees can file a complaint addressed to the management team.

A claim that remains unaddressed is a reason to seek help from the authorized bodies, in particular, to file a claim in court. To be more confident in the favor of the judges, it is necessary to attach a photocopy of the above-mentioned claim to the claim.

Documents for contacting the insurance company after an accident

When you first contact you, they will simply tell you what is missing and ask you to provide a complete list of documents for insurance payment under MTPL in 2021, but if you are late in submitting it, this will be a good reason for refusing compensation for damage.

You must provide the following information to the policyholder's insurance company employee:

Certificate of accident, with a mandatory stamp, filled out in form No. 145 (748). Certificates of this kind are required to register an insured event;
The protocol and resolution are evidence of an offense on the part of the initiator of the accident, in accordance with the Code of Administrative Offenses;
Compiled notification of a traffic accident;
A vehicle passport and a certificate of state registration are required;
The driver’s license of the victim, namely the person who was driving the vehicle at the time of the accident;
Passport of the victim (copy);
Bank account details;
Application for PES. Sometimes, along with an application for insurance payment, you may be asked for a compulsory motor liability insurance agreement, as well as receipts for expenses for a tow truck, impound lot, etc.

Submission deadline

Documents for payment under compulsory motor liability insurance must be provided at a certain time. The filing deadline will depend on the type of incident registration. The deadline for submitting documents to the insurance company after an accident documented according to the European Protocol is 5 days.

If the incident was registered in the presence of the traffic police, then the documents must be submitted within 15 days. For any insurance, speed and timeliness are required.

Terms and amounts of payments

After submitting all the necessary certificates and protocols regarding the traffic accident, the victim remains to wait for the payment of insurance compensation, which also has its own deadlines. Having provided the documents to the insurers, they have 20 days to assess the damage within the first 5 days, and then notify of the refusal or pay the due compensation.

If you are not in a hurry to make payments to the insurance company, then it will be charged 1 percent for each day of delay on the amount. What documents need to be provided does not depend on the company, and the maximum amount of compensation does not depend on them.

For Ingosstrakh and OSAGO Rosgosstrakh insurance, the same certificates are required, and the amount will be assessed depending on the damage. In case of property damage, this payment cannot exceed 400 thousand rubles, and in case of physical damage - 500 thousand.