Maximum payment under compulsory motor liability insurance in case of an accident in 2021, liability limit

Changes to MTPL rules in 2021

Important innovations of MTPL are valid from 09/25/2017. They relate to compensation for losses, repairs, the procedure for issuing insurance forms, the timing of inspection of a damaged car and the financial side of compensatory payments from compulsory motor liability insurance and the cost of the policy itself. A new option for in-kind compensation - repairs - is already applied for insurance after April 28, 2021. Regardless of the term of the contract, the new rules provide for payment of damage in the event of a collision of several (two or more) vehicles.

In 2021, MTPL forms will be equipped with a security QR code, which makes information about the policyholder available online: you can check the authenticity of the insurance via the Internet from anywhere. According to the new legislation, car owners can expect not only increased rates for insurance services, but also a multiple increase in the amount of coverage. The amendments suggest a possible change in the price category of the vehicle user and the calculation of the coefficient determined by the number of accidents during previous driving periods and their severity, which ultimately leads to an increase in tariff rates.

The introduction of changes affects the price category of the MTPL policy and the calculation of the bonus-malus coefficient (BMC), which determines the cost formation. A driver who does not have an accident in a year receives a discount, or otherwise, he will face an increase in the price of contributions for the next year. The new calculation for compulsory motor liability insurance depends on the number and severity of accidents during the previous driving time and is formed from:

• region of registration of transport;
• age and length of service of the policyholder;
• machine power;
• the number of persons with insured liability under compulsory motor liability insurance;
• insurance validity period;
• owner status (individual, legal entity).

If the amount of damage is more than the limit

When the actual damage is greater than the insurance limit, then payment is made no more than the limit.

However, there are cases of excess:

• If the culprit has entered into an MTPL agreement with increased damage coverage, that is, he has additionally insured his liability. The terms of such an agreement are negotiated between the policyholder and the insurer, including the amount of damage coverage;
• If the insurer does not voluntarily pay the insurance amount, it does not issue a referral. Then the victim can recover a penalty in excess of the insurance amount in an amount not exceeding the established limits. It turns out that the maximum compensation for damage in case of an accident in 2021 may increase by the amount of the penalty. And the maximum amount can reach 1.6 million rubles.

For example , the amount of damage to the car of a victim in an accident amounted to 430,000 rubles. In addition, the victim driver received injuries, the treatment of which cost 550,000 rubles. The insurance company did not issue directions for repairs and did not pay insurance voluntarily. As a result of lengthy legal proceedings, the insurer was charged: damages for damage to the TMS in the amount of 400,000 rubles, treatment costs of 500,000 rubles, a penalty for failure to issue a referral for repair work in the amount of 400,000 rubles. and a penalty for non-payment of health insurance in the amount of 500,000 rubles, as well as 25,000 rubles. court expenses. The total amount in favor of the victim is 1,625,000 rubles.

When the actual loss from an accident is greater than the insured amount, then everything lost must be demanded from the person at fault for the accident.

Legal regulation

The main regulatory legislative document in this area is the latest edition of the Law of April 25, 2002 No. 40-FZ “On compulsory civil liability insurance of vehicle owners.” The innovations introduced by Law No. 49-FZ of March 28, 2017 took effect on September 25, 2021 and affected significant aspects of the “automobile citizenship” process:

• the deadlines for inspection of a damaged car by insurers have been changed - the loss must be assessed 5 days after filing a claim for an accident;
• independent examination is prohibited;
• the period for claims from vehicle owners to insurance companies is 10 days;
• from September 2021, the policy must be valid for at least 1 year;
• after 04/28/17, monetary compensation for losses under compulsory motor liability insurance was replaced with in-kind compensation - direct payments go to repair shops;
• the payment limit has been increased to 400 thousand rubles for property, and to 500 thousand rubles for individuals.

The cost will be affected by the tariffs adopted by each region, and for vehicle fleets and legal entities an average coefficient will begin to be used, which will also increase the cost of payment: the number of company cars implies an increase in the number of automobile violations. Increased coefficients will be established for those guilty of violations:

Definitions

Today, to receive payment for damage to a car, as well as for damage to life and health, you can receive payment under compulsory motor liability insurance.

But first of all, it will be necessary to carefully familiarize yourself with the basic, basic principles of legislative norms.

To correctly interpret all regulatory documents, it will be necessary to familiarize yourself with the following terms:

• OSAGO;
• insurance case;
• policyholder;
• insurer;
• insurance compensation;
• damage to life, health;
• property damage.

Since 2003, one of the obligatory moments is the registration of a compulsory motor liability insurance policy. At the moment, its cost depends on many different factors.

Required documents

To receive compensation from all insurance and other insurance companies without exception, you will need to prepare a certain list of required documents.

But before applying for compensation, you will need to familiarize yourself with the relevant legislation governing compulsory motor liability insurance.

For 2021, issuing an MTPL policy is regulated by Federal Law No. 40-FZ of April 25, 2002.

This legislative document includes the following main sections:

Directly to receive compensation for damage received as a result of an accident, you will need to prepare the following documents:

It often happens that for some reason the policyholder cannot independently represent his interests.

In this case, the optimal solution would be to form a special power of attorney to represent interests.

Attached to it is a special document identifying the individual applicant.

The rest of the payment process will be completely standard. There are also no differences regarding the execution of other documents.

What is compensation under compulsory motor liability insurance?

Legislation obliges all vehicle owners to have an insurance policy that insures the risks of all victims: for people – the risk of harm to life/health; for motor vehicles – the risk of damage to property. To purchase an MTPL policy you will need to provide:

• passport of the car owner and policyholder;
• diagnostic inspection card (if the car is more than 3 years old);
• driving license of all prospective drivers;
• PTS;
• vehicle registration certificate.

After registration, the insurer issues the policyholder with the original insurance (policy), insurance rules, a memo in case of an accident, and a document confirming the payment of funds. You must always carry the policy with you in your car. The document drawn up by the policyholder independently electronically through the website of the insurance organization must be printed.

The insurance company of the person at fault for the accident compensates the losses of those who were injured with monetary sums or repairs. Payments are made within the limits determined by the Law. Thus, legal protection is guaranteed to all participants in an accident: the victim receives insurance compensation, the culprit does not have the obligation to pay in full for the repair of someone else’s car. The policyholder must clearly understand:

• he does not have the right and opportunity to claim compensation if he is the culprit of the accident;
• harm is compensated only to the injured party, which is recognized by the traffic police.

If the culprit has a CASCO policy, then, unlike compulsory insurance, he will be entitled to payments for this type of insurance services both for himself and for his car, depending on the contract. In addition, in CASCO, the maximum amount, as well as the minimum, is possible and is not limited to the official limit of compulsory motor liability insurance if you are involved in a traffic accident.

The practice of applying regulations proves that there are complex situations that cannot be resolved quickly and simply by law. In some cases, a citizen may be simultaneously recognized as a victim and guilty, then he already has the right to payments as a victim of an accident. Disagreements arising in the course of identifying the perpetrators and the amount of compensation are resolved in court using the statute of limitations, which is usual for civil cases - 2 or 3 years.

Object and subjects of insurance

The main regulatory act distinguishes 2 types of victims - people and transport. The type of object group determines the form of compensation to the subject who suffered the damage. Many people can be injured in an accident, and the law specifically describes those entitled to insurance payments. These can be individuals - the victims themselves in the accident or, in the event of their death, their direct heirs and persons under the will:

• the driver who is not at fault in the accident;
• passengers;
• pedestrians;
• cyclists.

The insurance company pays expenses when the owner of compulsory motor liability insurance becomes liable in an accident involving his car and property damage of this kind is caused: damage to other people's cars, traffic lights, buildings, structures, structures, that is, the object of compulsory auto insurance is the property interest of those affected by the actions of the policy holder .

Compensation for damage caused to the injured party

Payments under compulsory motor liability insurance in 2021 are made taking into account the following: if the cost of repairs is higher than the cost of the car before the accident, the maximum possible amount is transferred; compensation for restoration takes into account the costs of transportation by tow truck and depreciation of the vehicle. If the limit established by the Law is enough for repairs, then the person responsible for the incident will not have to pay extra.

In case of excess costs, the victim has the right to demand additional payment from the culprit in court, as well as compensation for moral damage, demanded from the culprit only in court. If the calculated insurance payment does not suit the person who suffered, and there are intentions to receive maximum payments, it will be necessary to submit a written claim to the insurer. If the additional payment is not received within five days after this, you will have to file a claim. It is important to note that the insurance company may refuse to satisfy the application for the following reasons:

• there were substances dangerous to surrounding people in the car;
• the citizen did not have a driver’s license;
• The policy does not indicate the culprit of the accident.

When death occurred

Payments under compulsory motor liability insurance in case of a fatal accident provide an opportunity for close relatives (parents, children, spouses, dependents) to receive compensation.

The total amount is 500 thousand rubles. based on 25 thousand rubles. for a funeral, 475 thousand rubles. pure refund.

Relatives deal with organizational issues.

The following are submitted to the insurance company:

• documents about the accident from the traffic police;
• death certificate;
• documents confirming relationship.

The payments received are divided among close relatives. That is, each relative is not paid the maximum amount separately.

Maximum payments under compulsory motor liability insurance in case of an accident in 2021

With the latest legislative innovations, the limit for payment of compulsory motor liability insurance has been raised and in 2021 it is:

• in case of harm to the life and health of the victim - 500,000 rubles for each;
• in case of damage to the property of the victim - 400,000 rubles for each person.

If the person responsible for the accident entered into an insurance contract before October 2021, losses are calculated at the rates at the time the policy was issued. The above figures are maximum and it is not possible to receive more than this amount under compulsory insurance. Specific amounts are considered by insurers taking into account the wear and tear of the vehicle, the severity of the injuries, the cost of restoration and many other factors: specialists carefully study the damage so as not to overpay8

Vehicle damage limit

The maximum compensation is determined by Article 7 “Insured Sum” of Law No. 40-FZ and for property amounts to 400 thousand rubles. for each person injured in the incident, that is, this amount is not divided among all participants, the right to claim full compensation is given to everyone. The insurer must reimburse the costs at its own expense by carrying out repair and restoration work. If both drivers are at fault, they can expect half the damage.

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In case of drawing up the Europrotocol

The law provides for the preparation of documentation about an accident without the participation of State Traffic Inspectorate employees and the beneficiary’s independent sending of a notification to the insurance company. The copy is filled out by the perpetrator together with the victim at the scene of the accident and sent to the insurance company within 5 working days. It is necessary to photograph the scene of the accident, the damage, estimate the approximate losses and keep the car in its damaged state until inspected by a representative of the insurance company.

The maximum for insurance compensation in this case is 50,000 rubles. Conditions for compensation of losses through the so-called “Euro protocol”: only two vehicles are involved in the collision; there were no injuries (deaths), no damage was caused to other property; There are no disagreements about the details of the accident or damage between the participants. The European protocol is drawn up according to the rules:

• a ballpoint pen is used;
• each participant fills out the appropriate part of the protocol regarding his information;
• signatures of both parties are affixed to the front side;
• additions and adjustments are signed by the person who has no objections to them.

When the car is damaged

The injured driver may include in the compensation amount funds for vehicle repair, evacuation, parking and storage, loss of presentation, etc.

The maximum payment under compulsory motor liability insurance in case of an accident for this type of damage is 400 thousand rubles . And when a traffic accident was registered without traffic police officers - 100,000 rubles.

In this case, the owner of a passenger car, by default, can count on receiving insurance in the form of repair work in a specialized auto repair shop.

However, there are situations when it is appropriate to raise the question of what can be demanded: payments or repairs?

Situations when damage is compensated by money:

• the insurance company was prohibited by the Bank of Russia from carrying out repairs for repeated violations;
• the amount of repairs is greater than the insurance limit, and the owner of the vehicle does not agree to pay the difference to the repair organization from his own pocket;
• the car cannot be restored;
• the driver of the vehicle is disabled or suffered serious or moderate harm to health as a result of an accident;
• the driver involved in the accident died;
• repair stations of the insurance organization cannot carry out work while maintaining the warranty. This applies to cars up to 2 years old. That is, the service station must be accredited by the car manufacturer for repair work;
• There is a separate agreement between the policyholder and the insurance company regarding cash payments.

If payment under an MTPL policy is made in cash, it is received either at the insurance office or by transfer to the victim’s bank card.

In this case, the injured driver can contact either his insurance company or the insurance company at fault (if there is no harm to health as a result of the accident).

If repair is selected:

• The driver can choose a repair station himself. But this choice must be approved by the insurance company.
• When the loss of marketable appearance is compensated, in addition to repairs, additional cash is given. But the limit amount remains the same. That is, the cost of repairs is added to the cost of loss of presentation.
• The insurance company makes settlements with the auto repair station without the participation of the driver.

For harm to health

Compulsory motor liability insurance is paid to citizens who were injured in an accident - this is the driver (not at fault in the incident), passengers, pedestrians, cyclists and other persons injured in the accident and, in the event of death, their heirs (including family members and citizens under a will) . For injured individuals, there is a wide range of expenses that the insurance company must take into account in payments, but if injuries can be treated under the compulsory health insurance system, the chances of receiving additional money are reduced.

Payments are made in proportion to the damage received. Reimbursable expenses are as follows:

• provision of first aid;
• diagnostic study;
• treatment and stay in a medical facility, including food, medications, medications and special materials;
• prosthetics;
• loss of earnings due to disability.

When determining the disability of the victim

If the accident causes damage to the life and health of the victim, a full examination is carried out. The amount of payment under compulsory motor liability insurance is determined by the damage caused on the basis of a medical report:

In the event of the death of the victim

In the event of the death of a participant in an accident, compensation for harm is received by persons entitled by civil law to compensation in the event of the death of the breadwinner (in their absence, these are the spouse, parents, children and persons who depended on the deceased). The family receives funeral funds of no more than 25,000 rubles and also compensation for damages of 475,000 rubles.

How is the payment made?

Insurance payment is made in favor of the injured persons. That is, those who are not to blame for the accident. These victims may be:

• the driver whose vehicle was damaged;
• a passenger who was injured, regardless of what car he was sitting in (the culprit or not);
• a pedestrian who did not violate traffic rules;
• the owner of the damaged property, if he is not the at-fault driver;
• relatives of the passenger, driver, pedestrian killed in the accident.

The amount of the insurance premium is equal to the actual damage. That is, the amount must be documented and justified. In each case, the payment is determined individually.

How is the amount of insurance coverage calculated?

The final result of the coverage calculation is influenced by many factors. To determine the following are taken into account:

• wear and tear of the vehicle, taking into account the operating time, mileage (for monetary compensation) and parts to be replaced;
• transport power;
• features of damage;
• place and circumstances of the incident;
• driving experience;
• duration of the policy;
• region of policy registration;
• condition, type, cost of the vehicle before the incident.

In-kind form of compensation for damage caused in 2018

In accordance with the latest legislative amendments to MTPL, for insurance policies issued after April 28, 2021, losses in the event of an insured event are compensated by repairs at the expense of the insurer. The need for such an innovation was approved by the State Duma in order to block the way for fraud to receive funds from imaginary victims: thus, according to the Agency for Financial Research, in 2021 the share of payments under motor vehicle insurance to people who were not actually injured in an accident reached half of all amounts paid.

At the same time, today, with the in-kind form of compensation, there are many problems and vulnerabilities that cause dissatisfaction among drivers with this new system:

• use of non-original spare parts and components;
• insufficient allocated hours for work;
• the practice of repairing parts instead of replacing them with new ones;
• incomplete repair of damage;
• general unsatisfactory quality of repair and restoration services.

As a result, if the victim has doubts about the correctly determined cost of spare parts or is dissatisfied with the quality of repairs under compulsory motor liability insurance, he can seek an independent examination and file a claim with the insurers, and if the latter refuse, go to resolve the issue through the courts. For the injured party, such difficulties complicate the entire process, which is already troublesome and unpleasant.

Requirements for the insurance company for organizing high-quality repairs

By law, the insurance company must enter into contracts with service stations and implement specific conditions for organizing quality repair services:

• service stations (STS) provided to the victim must be located within 50 km from the accident or the place of residence of the vehicle owner;
• repairs by such workshops cannot last more than 30 days;
• If the driver is not satisfied with the proposed choice of service station, he can agree with the company on the choice of another service station.

Carrying out repairs at the expense of the insurance company

The repair procedure begins with the insurance organization calculating the cost of repairs to restore the vehicle:

1. The insurer evaluates the work and calculates the costs of restoration repairs according to the unified methodology of the insurance market regulator (Central Bank Regulations dated September 19, 2014 N 432-P), where the amount is determined without taking into account wear and tear of the vehicle, as in the case of cash payments.
2. The owner of the damaged vehicle is invited to select a service station from the proposed list. For vehicles under warranty, work is performed by dealerships while maintaining the warranty.
3. The service station work must be completed within a month.

Emerging nuances

The process of receiving compensation often raises certain questions among drivers. The most frequently asked questions of this kind include the following:

• Is it possible to do without calling the traffic police;
• with mutual guilt;
• what is the compensation for repairs;
• if there are no casualties.

Is it possible to do without calling the traffic police?

Today it is possible to register an accident even in the absence of the traffic police. This will only require the presence of the Europrotocol and compliance with some important conditions.

It is not allowed to use this method of registering an accident in the following cases:

With mutual guilt

If there is a violation of traffic rules by both road users, this situation can be resolved as follows:

What is the compensation for repairs?

At the moment, compensation for repairs is calculated using a special formula. It is quite simple - the cost of damaged parts is taken from a special manual and added to the price for the work.

But it is important to remember that the difference between guidelines and actual costs is very large. Moreover, this calculation method is legally established.

If there are no casualties

If there is an accident without injuries, then, in fact, there is no insured event in itself. Accordingly, no compensation is paid.

Therefore, it will be quite problematic to receive payment under OSAGO. Since the insured event itself does not take place.

At the same time, the optimal solution is to purchase CASCO insurance. Thanks to this policy, you can avoid a variety of difficulties.

Today, compulsory motor liability insurance must be issued in accordance with current legislative norms.

That is why you should definitely familiarize yourself with them in advance. This will avoid a lot of difficulties in the future.

In what cases is monetary compensation possible?

You can receive cash compensation under MTPL in exchange for repairing a damaged vehicle when:

• the car is completely destroyed;
• the cost of repair work exceeds the limit of 400 thousand rubles, and the owner does not intend to pay extra to the service station;
• the insurance company is not able to organize high-quality repairs within the allotted time;
• the owner has difficult financial conditions and the commission of the Russian Union of Auto Insurers approved his request;
• there is a written agreement between the insurer and the recipient for an amount determined by the insurance organization (usually less).

Analysis of the Russian motor insurance market for compulsory motor liability insurance for the first half of 2021 based on data from the Central Bank of the Russian Federation

We continue the series of articles on Analysis of the insurance market in Russia. You can familiarize yourself with the materials on our website by following the links: Analysis of the Russian insurance market 2021: results of the 1st half of 2021 part 1 and part 2, Analysis of the CASCO insurance market: results of the 1st half of 2021.
We remind you that you can check the cost of your MTPL policy in real time on our website by clicking on the car :
MTPL calculator
Today's topic is the results of insurance companies on compulsory motor third party liability insurance based on the results of the 1H 2021 based on the reports of the Central Bank of the Russian Federation published on October 4, 2020 . Based on the data obtained, we will analyze and compare the insurance market and leading players in terms of key performance indicators.

The procedure for processing insurance payments under compulsory motor liability insurance in 2021

Obtaining MTPL insurance does not seem difficult at first glance, but it is important to strictly follow the following steps:

• if there are victims, call an ambulance;
• call a traffic police representative;
• notify the insurance company about the insured event;
• collect the necessary documents;
• draw up a written application and send it to the insurance organization at its location or its representative;
• Additionally, in addition to written form, documents can be sent electronically.

What documents are required

A citizen applicant for accident insurance within the framework of compulsory motor liability insurance is required to submit a package of documentation:

• passport (photocopy) of the culprit;
• documents for the vehicle (copies);
• certificate from the traffic police;
• notification of an accident;
• protocol (copy) of an administrative violation/ruling on refusal to initiate an administrative violation;
• details for transfer.

Accident with a drunk driver under compulsory motor liability insurance

When it became known that if a driver got behind the wheel after consuming alcoholic beverages, the fine for him would increase significantly, this caused a very violent reaction. Indeed, if a citizen, while driving a car while intoxicated, is injured in an accident, he will have to bear serious responsibility.

But at the same time, the insurance company of the person responsible for the accident will be obliged, no matter what, to pay him compensation.

If the citizen responsible for the accident turns out to be drunk, his insurance company will compensate for the damage to the other participant, but will subsequently apply to the judicial authorities in order to recover the amount of compensation from him in a recourse manner. In other words, if you get into an accident after a couple of glasses of alcohol, you can prepare for the fact that you will have to compensate for the damage from your own wallet.

Payment deadlines in 2021

To resolve the issue of payments to the victim and insurance organizations, a limited time is given. Within 5 calendar days, an application for an insured event must be sent to the insurance organization, which is given 20 working days to transfer funds for restoration repairs or submit a justified refusal of compensation. If the twenty-day deadline is not met, the company faces fines for delay - it will have to pay the victim a penalty at the rate of 1% of the insurance for each day of delay, but within the limits of the entire insurance premium under the contract.