Notification of an accident: how to fill it out correctly to receive compensation for damage

Normative base

The regulatory basis for payments under OSAGO "Rosgosstrakh" in 2021 is the law No. 40-FZ "On compulsory insurance of civil liability of vehicle owners" adopted on April 25, 2002. On March 28, 2021, innovations were adopted based on Law No. 49-FZ, which significantly affected many nuances and aspects of motor vehicle liability:

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The terms for inspection by authorized persons from the insurance company of vehicle damage have been revised.
Prohibition of independent examination.
The deadlines for accepting claims from vehicle owners to the insurance company have been changed - now the application must be submitted within 10 days.
In September 2021, an amendment was adopted according to which the policy period cannot be less than 1 year.
On April 28, 2021, a change was made according to which monetary compensation is replaced by in-kind compensation, that is, all funds for compensation of losses go to repair shops.
The limit on payments has been expanded, especially for individuals.

Tariffs by region will have a significant impact on the total cost, and in the case of legal fleets. persons, an average coefficient is applied, which will accordingly also change the cost of payment upward: in proportion, the more vehicles, the more offenses.

What determines the payments at Rosgosstrakh under compulsory motor liability insurance?

You can calculate the amount of compensation paid by Rosgosstrakh to victims of a traffic accident in 2021 yourself. All parameters and coefficients are publicly available and strictly fixed in law. When calculating payments under compulsory motor liability insurance, current property prices are taken into account, adjusted for the insurance region.

When calculating the amount of insurance payment in Rosgosstrakh under compulsory motor liability insurance, it is necessary to take into account the following parameters:

Country of origin of this vehicle.
Place of car registration and insurance (region).
Year of manufacture and degree of wear of the vehicle.
Intensity and time of operation of this vehicle.

The insurance company strictly follows the letter of the law, and therefore, when calculating the amount of compensation, it relies on clause 15.1 of the MTPL insurance rules, namely, on the fact that all restoration costs are calculated taking into account the average market pricing policy. Of course, prices will vary for each region, and often quite significantly. As practice shows, there are often situations when the funds paid are not enough to fully restore the vehicle. This is in no way connected with a violation of the legislation of the Russian Federation or fraud, the whole point is the significant wear and tear of vehicle components and assemblies, as well as high prices for components for cars belonging to the “business class” segment, but already significantly outdated (cars produced at least 20 years ago). 30 years ago, for example, BMW e38, Mercedes-Benz w200, etc.).

In the vast majority of insurance cases, it calculates the cost of individual components and parts requiring replacement or repair, adjusted for wear and tear of the vehicle. For 2021, the following car depreciation rates are relevant in accordance with the year of production:

first year - 20%;
second year - 12%;
third year - 12%;
fourth and further - 12%.

If a victim of an accident wants to independently calculate the amount of monetary compensation, then he should rely on the above data. It is recommended to make the calculation in any case to avoid further disagreements with the insurance company.

What determines the size of the payment?

There are many factors that influence payments under compulsory motor liability insurance. These include:

circumstances of the incident;
type of damage - to property or health;
road accident format - in accordance with Europol or the usual protocol;
category of the applicant for payment;
factor of being able to return your car.

If property was damaged as a result of an insured event, the amount of compensation is determined in the amount of money necessary to restore the car to the condition in which it was before the accident. Its size cannot exceed 400,000 rubles. If the beneficiary applies for payment in connection with the death of the victim, 475,000 rubles are credited to his account. If the car cannot be restored, its owner is paid compensation in the amount of its market value, but not more than the maximum values.

The amount of MTPL insurance against road accidents carried out in accordance with the Euro Protocol is usually no more than 100,000 rubles for residents of the regions and up to 400,000 rubles for residents of Moscow and St. Petersburg. This amount is paid to the victim of an accident if the incident was reported in the mobile application and if there is no dispute between the participants.

How are payments made under compulsory motor liability insurance at Rosgosstrakh?

What actions must a victim of an accident take in order to receive the Rosgosstrakh insurance payment in full as quickly as possible? Below are step-by-step instructions:

First of all, it is necessary to document the accident in the proper form. If no harm was caused to health during a traffic accident, the total amount of damage does not exceed 50,000 rubles and a maximum of 2 participants in the accident, then it is advisable to register the traffic accident on the road according to the European protocol. Otherwise, it is necessary to call State Traffic Inspectorate employees to the scene of the accident, who will draw up all the necessary documents.
After this, it is necessary to notify the insurance company about the occurrence of an insured event as soon as possible.
Next, you should collect a package of documents necessary for filing an insured event and documenting the damage caused in an accident.
Then a written application is drawn up to receive monetary compensation for the insured event at Rosgosstrakh. The appeal is attached to the set of collected documents. A standard form for an application for MTPL payments in 2021 can be easily obtained at any insurance office, or a sample can be downloaded from the Internet and printed out yourself.
Choose your preferred method of receiving compensation.
You provide the vehicle to insurance employees for further examination and assessment of the damage caused.

If the applicant receives a refusal without objective reasons, he has every right to file a claim with the head of the organization, indicating all aspects of the traffic accident. After the request has been submitted. This method of conflict resolution is most often used in controversial situations between the insurance company and the vehicle owners.

How to receive insurance compensation under compulsory motor liability insurance at Rosgosstrakh

A traffic accident is always a stressful situation. Therefore, many drivers are lost and do not know where to turn in the event of an accident. At this moment, you need to act with utmost concentration in order to arrange everything correctly and not lose your right to compensation for damage from the insurance company.

First of all, you need to contact the traffic police. Whether a representative of the insurance company should be called to the scene of the accident is written directly in the insurance contract, and the rules by which the registration of an accident takes place, if they differ from the usual ones, are necessarily spelled out there. You should remember them and follow them. The fact is that Rosgosstrakh is a commercial enterprise that exists on the difference between collected insurance premiums and payments made for insured events. Therefore, if there are grounds for non-payment, compensation for damage will certainly be refused.

The procedure for obtaining insurance is as follows:

The driver must register the accident with Rosgosstrakh. Moreover, if the insurance contract contains such a requirement, it is necessary to report the accident by telephone directly from the scene of the incident.
Correctly file an accident. To do this you need to: stop the car or not move if the car is standing;
display emergency stop signs;
find out the condition of other participants in the incident and, if necessary, take measures to assist them;
record the circumstances of the incident. Do not move any objects related to it;
call the traffic police;
control the registration of a traffic accident;
obtain a certificate of an accident from the traffic police.

Only after making sure that the incident is subject to registration according to the European protocol can you ignore some of the requirements described above.

Before you get insurance, you need to collect all the necessary documents.
Apply for compensation for damages under compulsory motor liability insurance to Rosgosstrakh.

When should you contact Rosgosstrakh to receive compensation?

If possible, you should notify the insurer of the occurrence of an insured event as soon as possible. Sometimes the contract contains a requirement to notify the insurance company immediately. However, the law on compulsory motor liability insurance allows 5 days for notifying the insurer. Other, shorter periods established by the contract are a violation of the law and can be appealed. Missing the deadlines established by the law on compulsory motor liability insurance for notifying the insurer that an insured event has occurred may become grounds for refusal to pay.

What documents are required for payments?

Our compatriots know very well that it is impossible to get anything from us without providing various papers, so they often wonder what documents an insurance company needs to receive payments under compulsory motor liability insurance. For example, at Rosgosstrakh you must provide:

applicant's passport. If an authorized person acts on his behalf, his passport and power of attorney to perform these actions are required;
claim for damages;
vehicle passport;
vehicle registration certificate;
notification of an accident;
a copy of the traffic police report;
documents confirming additional expenses, for example, payment for tow truck services or paid parking.

However, there are valid reasons that allow you to miss the five-day deadline established by law for contacting the insurer - for example, serious injuries. The presence of such reasons must be documented. The statute of limitations for insurance compensation payments is 3 years.

How long does it take to compensate for damage?

Speaking about how long it takes for Rosgosstrakh to pay out money, it should be noted that everything depends on the complexity of the case and other related circumstances. The legislation gives the insurer 20 days to make payments or make a reasoned decision to refuse to make them. If this deadline is violated, the insurer is obliged to pay a penalty in the amount of 1% of the amount for each day of delay.

Judging by reviews on the Internet, most insurance companies are trying to delay making payments until the deadline. However, Rosgosstrakh usually makes payments faster.

What to do if the amount of compensation is underestimated

If you believe that the amount of compensation offered to you is lower than the amount of actual damage, you should assert your rights. Contact independent experts and conduct a re-examination. If your suspicions are confirmed:

Complain to regulatory authorities. In the case of OSAGO, this is the Russian Union of Auto Insurers (RUA), the Central Bank, and Rospotrebnadzor. It is better to complain to all authorities at once. Money does not like noise, and perhaps the insurer will prefer to comply with your requirements.
At the same time that you file your complaint, send the insurer by certified mail, return receipt requested and a list of contents, a document called a claim. State the circumstances of the case and your requirements in it. The insurer has 10 days to consider the claim, and if within this time a decision is not made or you are not satisfied with it, you can go to court. Carrying out claim work is a prerequisite for applying to the court, and a notification of delivery will confirm your rights.
File a claim in court. At this stage, and even better when carrying out claim work, it is advisable to hire a lawyer. His fee can subsequently be included in legal costs and recovered from the defendant.

Payment terms

According to the legislation of the Russian Federation, the maximum payment period for car insurance in 2021 is 20 days. When making a decision, the court and other government agencies are based on the Federal Law “On compulsory insurance of civil liability by vehicle owners” of 2002. As mentioned, some aspects of this procedure have changed in 2021. For example, the procedure for inspecting a damaged car has been simplified - now no more than 5 days from the date of the accident are given to determine the extent of the damage.

It is also worth noting that from 2021, the limit for compensation for external and technical damage to a vehicle has been increased to 500 thousand rubles for all insurers. The tariff rate is calculated in accordance with the coefficient, which may vary depending on the region of car insurance. As for legal entities and owners of various vehicle fleets, an average coefficient is applied; in some cases, this can significantly increase the cost of paying for insurance.

Required documents

The law of April 25, 2002 does not establish exact deadlines for submitting documents to obtain insurance. However, it is said that the package of necessary documentation is submitted individually in several stages. Clause 3 of Article 22 of the regulatory legal act in question contains the following wording: “car insurance papers must be presented as soon as possible.”

Due to the particular urgency of this process, the injured person is obliged to take care in advance of preparing a package of documents, the necessary copies and originals. Most motorists turn to specialized companies for help in order to collect all the papers as quickly as possible and correctly fill out an application for receiving compression payments under Rosgosstrakh insurance in 2021.

The list of mandatory documents for payments under compulsory motor liability insurance at Rosgosstrakh in 2021 includes:

MTPL insurance policy;
identification document (passport and photocopies of the first pages);
application for payment of compensation;
a certificate from the State Traffic Inspectorate, which displays all aspects of the accident, identifying the guilty and injured parties;
protocol of the State Traffic Inspectorate on an administrative offense;
decree-receipt for payment of a fine;
documents for the vehicle;
certificate of car ownership;
driver's license.

This is not a complete list of documents that may be needed when contacting an insurance company in order to receive cash payments in the event of damage to a car due to the fault of a third party. You can find out more detailed information by calling the Rosgosstrakh hotline or from one of the center’s employees.

"Rosgosstrakh" - List of Documents for Receiving Payment for an OSAGO Insurance Event

Above are sample documents that can be downloaded from the company’s official website, printed and filled out. However, in many situations, papers may be required that are prepared not by the insurance company, but by other authorities. The specific list of documents depends on the insurance program.

To receive compensation under this program, you must collect a whole package of documents. The specific list depends on the current situation.

The full list of papers that insurance employees may require is as follows:

passport or other document confirming the identity of the person applying;
papers evidencing ownership of the vehicle;
documents from the traffic police, police, medical institution (depending on the consequences, medical certificates, decisions on an administrative offense, etc. may be required);
notification of an accident;
details of the recipient of the funds.

If the compensation does not exceed 100,000 rubles (and no people were injured in the accident), there is no need to obtain certificates from the competent authorities. In this case, the accident is registered according to the European protocol.

The same list of documents applies to CASCO. However, you will also have to prepare a diagram of the accident, explanations of the participants in the accident and its eyewitnesses, a description of the damage to the insured vehicle, and a medical examination report (if there are victims).

Application for payments to OSAGO "Rosgosstrakh"

To fill out an application for compensation in the event of a traffic accident, you should contact one of the insurance branches. The document form is issued by the insurer and has a certain structure. It should not contradict the Regulations of the Bank of Russia “On the Rules of Compulsory Motor Liability Insurance”.

The victim indicates in the application his passport details, information about the vehicle, the traffic accident with the attachment of all protocols and testimony of both parties, the number of the insurance certificate, the nature and extent of the damage caused, as well as the personal data of the traffic police officer or other person who recorded the accident. At the end, the date and signature of the applicant are placed.

Applications for payments under compulsory motor liability insurance can be found here.

"Rosgosstrakh" - and Applications for Payment of Compensation under OSAGO and CASCO

On the official website of the insurer on the Internet you can find application forms, orders of the Central Bank, memos and other documents. All of them are divided into specific programs. At any time of the day, the user can go to the insurance website and download the required file to his computer.

Papers for the following insurance programs are now available for download:

"OSAGO". The user has access to notices and brochures from the Central Bank, a document with current rates for issuing a policy, as well as a sample notification of a traffic accident:

statement of loss;
notification of an accident;
brochure;
regulations on the rules of compulsory motor liability insurance and instructions from the Central Bank on base rates when calculating the cost of the policy;
current tariffs.

"CASCO". Under this insurance program, the user can familiarize himself with the rules for the provision of insurance services and the terms of the “Medical Assistance for Driver” product:

rules for insurance of cars and special equipment , commercial vehicles ;
financial risk protection;
Medical assistance for the driver (program description);
vehicle protection conditions.

There is no need to pay to download documents; just use one of the links above. All samples are provided in .pdf format.

Payment amounts

The Russian Union of Auto Insurers assumes responsibility for timely payment of compulsory motor vehicle liability insurance compensations, which are applied in cases of impossibility of making insurance payments. The basis for providing funds (compensation) may be:

Bankruptcy or temporary insolvency of the insurance company.
Early termination of the contract.
End of insurer's license.
The person at fault for the accident does not have a compulsory motor liability insurance policy.
Impossibility of identifying the culprit of a traffic accident.

The amount of payments under compulsory motor liability insurance at Rosgosstrakh in 2021 is affected by the direct and indirect income of the victim, as well as the degree of damage and possible treatment costs. As practice shows, the amount of compensation for harm to the health of an individual can vary from 160 to 240 thousand rubles, depending on the characteristics of a particular case.

Also, the amount of payments is influenced by such important factors as the country of origin of the vehicle, the place of registration of the vehicle, the level of wear and tear on the components and the vehicle itself. An approximate calculation can be made on the official website of Rosgosstrakh using a special calculator or by contacting the appropriate organization (then the amount of compensation will be determined with all additional commissions).

In general, the calculation of payments under compulsory motor liability insurance at Rosgosstrakh in 2021 is made according to the formula:
“Ktr x Kvz x Kss x Kmsh x Ktks x Ksr x Kbn”
where Ktr is the territorial coefficient;
Kvz - driver’s experience and age;
Kss is the frequency of accidents involving this vehicle;
Kmsh —car power;
Ktks - coefficient for calculating the insurance of a car used as a taxi;
Ksr - policy validity period;
Kbn is an indicator for regular customers.
This calculation can be carried out independently, and the deviations will be insignificant.

Reasons for refusal of payments under compulsory motor liability insurance at Rosgosstrakh

The MTPL policy covers damage to the vehicle in the event of insured events that comply with the norms of the federal law “On Auto Insurance” and the agreement between the insurer and the car owner. However, Rosgosstrakh insurance covers only up to a certain limit; the remaining portion must be compensated by the person at fault for the traffic accident. The MTPL insurance limit at Rosgosstrakh covers damage to personal property, as well as physical damage caused to the owner of the car.

Often, parties to a contract are faced with a refusal to pay under Rosgosstrakh compulsory motor liability insurance. If you find yourself in such a situation, then first of all you need to decide on what grounds this decision was made. Thus, legitimate grounds for refusal to pay insurance include:

External damage to the vehicle of varying degrees, which is not covered by insurance.
The MTPL policy does not cover moral damages to the injured person.
If the accident occurred due to the fault of an untrained driver (during the process of testing the car, testing or training).
If the cause of the traffic accident is the transportation of prohibited, dangerous objects.
Harm caused to an individual in the performance of his direct labor duties is not compensated (the event falls under the category of compulsory or social insurance).

The statute of limitations for insurance disputes related to road traffic accidents is 2 years from the date of establishment of the insured event. All of the above examples refer to the legal grounds for refusal of compensation payments under compulsory motor liability insurance, but everything depends on the specific case. It is unlikely that it will be possible to appeal such a decision of the insurance company in court. Before making such a decision, it is better to immediately consult with an Automotive Lawyer.

When are payments made under compulsory motor liability insurance?

Compensation payments for any insurance are made upon the occurrence of an insured event. According to compulsory motor liability insurance, such a case is considered to be an accident, that is, an incident involving the movement of at least one vehicle, which results in damage to other vehicles, as well as to the life or health of people.

A prerequisite for making payments is that the person responsible for the incident has a valid MTPL policy. It is prohibited by law to drive without a policy, but there are cases when the person at fault does not have insurance.

To receive compensation in the event of a standard road accident, its participants must call traffic police officers to the scene of the accident, record the fact and circumstances of the incident, obtain an accident report and, on its basis, contact the insurer so that they can make an insurance payment.

It is allowed to register an incident according to the European protocol, without calling traffic police officers to the scene of the accident, under the following circumstances:

no more than two cars collided;
only cars were injured in the accident, but not people;
the amount of damage does not exceed 100 or 400 thousand rubles (from 1.01.20). 400 thousand rubles of damage is allowed if the participants in the accident have no disagreement as to which of them is the culprit of the incident and the circumstances of the accident are recorded and transmitted using GLONASS or a special application. If these conditions are not met, then the maximum amount of damage cannot exceed 100 thousand rubles;
Participants in road accidents have blank European protocol forms with them.

Compensation for damage under the MTPL policy is made only to the victims. In most cases, the culprit of the incident does not receive any compensation, unless he is also the victim (mutual guilt).

Actions in case of refusal to pay under compulsory motor liability insurance at Rosgosstrakh

Insurance companies often resort to illegal methods in dealing with car owners. They not only violate the law by making unreasonable refusals to pay under compulsory motor liability insurance, but also deliberately underestimate the amount of material damage. The remaining amount is not large enough to take such a case to court. All this is due to the fact that the total costs of resolving the conflict may exceed the amount of compensation. In case of significant losses, you should contact government agencies for damages, but you will have to spend money on an independent expert.

If you believe that the insurer has wrongfully refused to pay the insurance amount in 2021, you should seek legal advice. After reviewing the case materials, it is necessary to conduct an independent examination and submit the case materials to the court. If the claims are justified, then there is a high probability (95-100%) that payment will be made in court. Typically, legal support organizations charge from 5 to 15% of the payment amount for their services.

Actions if Rosgosstrakh refuses to pay under compulsory motor liability insurance

The pre-trial procedure for resolving disputes regarding “motor civil law” in 2021 is mandatory (clause 2, part 1, article 16.1. Federal Law No. 40). That is, before going to court, you need to send a pre-trial claim to the RGS and attach to it documents confirming the fact that the MTPL insurer is wrong.

The deadline for filing a claim is not regulated by either Federal Law No. 40 or Central Bank Regulation No. 431-P. The only period set for its consideration by the insurance company is 10 calendar days from the date of receipt.

IMPORTANT

If the RGS does not consider the claim within the specified period, or does not fulfill the obligation to provide compensation under compulsory motor liability insurance, then you will need to go to court.

Claim for payment of compulsory motor liability insurance "Rosgosstrakh"

The legislation of the Russian Federation establishes a pre-trial procedure for resolving disputes between the insurer and the owner of the vehicle. This clause is mandatory to comply with before applying to the courts for payment under Rosgosstrakh compulsory motor liability insurance. All that is required of you is to send a specific claim to the organization’s address and supplement it with an expert assessment of the vehicle after a traffic accident. In the same document it is necessary to indicate the cost of repairs, bank account details and personal data of the applicant.

Claims for payments from OSAGO Rosgosstrakh can be found here.

A claim for payment of compulsory motor liability insurance at Rosgosstrakh can be submitted to the insurance company in two ways:

By registered mail with notification;
Individually, by visiting one of the organization’s branches.

Whatever option you choose, you must have a document in your hands confirming receipt of the letter by the addressee. In the second case, you need to make photocopies of all documents and ask a company employee to put a note of acceptance on each of them. It takes 5 business days to consider the claim, plus several days for postal delivery.

Driver reviews

Alexey: A few months ago I took out MTPL car insurance from Rosgosstrakh and now I got into a small accident. I immediately contacted the insurer with the necessary documents, after which I was scheduled to have the car assessed. After the main damage was identified, I was given a card and after 2 weeks there was already money in my account.

Ekaterina: I did not have time to submit a photocopy of the European protocol to Rosgosstrakh within the established five-day period - in connection with which I was required to pay recourse for the accident. The law was respected, but somehow it was not fair. I don't want to have any more business with this insurer.

Konstantin: Over the past two years I have had three accidents. In two cases, the insurance company paid for the repairs at the service station in full, and in the third, it transferred money to the account within just five days. And all this without a trial; previously I was insured at Rosstrakh, where compensation could only be obtained by a court decision.

Features of auto insurance "Rosgosstrakh"

Today, Rosgosstrakh is one of the most reliable and prestigious insurance companies. The process of obtaining a compulsory motor liability insurance policy is not particularly difficult; for registration you only need a passport, a vehicle document, a driver’s license and passing a technical inspection of the car. You can conclude an agreement in numerous branches of the organization by submitting an application in advance on the official website.

On the website https://www.rgs.ru you can also renew your insurance and calculate the approximate cost.

In most cases, the policy is issued for one year with the possibility of extension. You can sign a contract for three or six months, depending on the need. There are two main types of compulsory motor liability insurance: without restrictions, that is, both the owner and other persons have the right to use the car, and with restrictions - the car is driven only with the permission of the owner (no more than five people).