Algorithm of actions in case of an accident under compulsory motor liability insurance in 2021

What is insurance and when does it pay out?

CASCO is voluntary insurance of the policyholder's car, while OSAGO is insurance of liability to third parties.

If you have a CASCO policy, the insured has the right to receive financial compensation for the following types of accidents:

• colliding with a vehicle and causing significant damage;
• colliding with obstacles, such as an open door;
• being damaged by an object thrown from under the wheels of another car;
• receiving damage as a result of hitting a curb, a parked vehicle, a nail or other obstacles;
• falling into a ditch or ravine.

If you have a CASCO policy, the damage is compensated even when the policyholder himself is the culprit of the accident.

What should participants do?

Participants in a traffic accident need to act competently in the event of an emergency, namely:

• stop the vehicle and turn on the hazard lights;
• display an emergency stop sign to indicate the occurrence of an accident;
• if someone is injured as a result of a traffic accident, it is necessary to provide first aid and call an ambulance;
• call the traffic police;
• report the accident to your insurance company;
• independently document damage using photographs and videos;
• together with the traffic police officers, take part in drawing up the protocol.

Under no circumstances should you leave the scene of an accident! Such an action entails punishment in the form of deprivation of the right to drive a vehicle for a period of 1 to 1.5 years or administrative arrest for a period of up to 15 days (Clause 2 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation “Failure to fulfill duties in connection with a traffic accident” ).

Innovations in traffic rules for 2021

Before talking about how to behave and what to do in case of an accident, it is necessary to focus on the new traffic rules on this issue - many, even experienced, drivers are not familiar with certain nuances.

One of the main innovations is the European protocol, which is currently not widely popular: drivers are accustomed to immediately calling the traffic police. This has become possible since July 2015 - now participants (no more than two vehicles) in minor road accidents (without casualties or injuries, damage to state property), if they come to a common opinion about what happened, can fill out a European protocol, which describes in detail all nuances.

This document is necessary to resolve issues with insurers regarding CASCO and MTPL. Since last year, Russian legislation has made it possible to resolve all financial issues on the spot.

Procedure in case of an accident for 2021

Current Russian legislation clearly states the specific sequence of actions of drivers who are involved in a traffic accident.

If the amount of the accident is minimal, there are no casualties and there are no disagreements between drivers, the participants have the right not to call the traffic police and draw up a European protocol

The list of priority measures is as follows:

• Stop the vehicle and turn off the engine.
• Turn on the emergency lights and install an emergency triangle in accordance with the traffic rules - within the city - 15 meters from the car, outside it - 30 meters.
• Do not touch or move objects that are directly or indirectly related to the incident.
• Determine the presence of victims and, if necessary, call rescue services (Ministry of Emergency Situations, Traffic Police or Ambulance).

Particular attention should be paid to the third point - do everything to ensure that the location of the accident remains unchanged. Traffic police officers recommended, if your physical or moral condition allows, to record all the nuances of the accident - photograph, video, take contacts of witnesses (vehicle numbers, full names, mobile phone numbers). All this will later help you prove who is at fault for the accident.

If you were unable to come to a common opinion with other drivers and begin drawing up a European protocol, then call the traffic police officers to come.

Preparation of documents in case of an accident under compulsory motor liability insurance

In general, the procedure for dealing with an accident in this case is no different - the only thing is that it is necessary to responsibly and thoroughly record the nuances of the accident (you can draw a diagram): this will be needed in the future when receiving help from the insurance company. Only a traffic police officer can officially register an accident under compulsory motor liability insurance - he must collect all the information and draw a diagram (you can compare it with yours).

If everything stated in the protocol is correct, then you can safely sign it and go to the insurance company. If the other party to the accident refuses to sign the protocol, do not worry - the insurer has no legal grounds to refuse to pay insurance compensation under OSAGO only for this indicator.

The insurance company must be notified of the incident. There is no need to rush headlong to the office - you can wait until the necessary documents are ready (within 14 days). You can notify the insurer either by visiting the office in person or by calling. Find out who you are talking to - this is necessary in order to refer to this insurance specialist in the future.

Procedure for action in case of an accident and rules for processing documents to receive insurance payment under compulsory motor liability insurance

Deadline for applying to the Investigative Committee

After an accident has occurred and a traffic police officer has recorded it and drawn up a report, you must contact your CASCO insurance company as soon as possible.

As a rule, the application period is specified in the contract for the CASCO policy. Each insurance company sets its own deadlines for claims after an accident; Some insurance companies require immediate notification of the incident, while other insurance companies set a deadline within which to contact, for example, 4 business days.

If the contract for the CASCO policy does not provide for a clause regarding the timing of claims after an accident, then by law the policyholder must submit an application no later than 5 days from the date of the accident.

What to do if the culprit leaves the scene of an accident

Recently, cases have become more frequent when drivers who have committed an accident leave the scene of the accident before completing the documents in order to avoid liability. However, one should take into account the fact that intentionally leaving the scene of an accident, according to current Russian legislation, is punishable - this is stated in the Code of Administrative Offenses (Article 12.27).

For the other party to the accident, this may also be unprofitable - no one will pay for the repair of the vehicle. Be sure to call the traffic police officers - you cannot do without their help, paperwork falls entirely on their shoulders. Don’t forget about witnesses - interview other drivers, collect available information, record it.

Procedure in case of an accident

When a traffic accident occurs, it is very important to do everything correctly and in a certain sequence:

1. First of all, a traffic police officer is called to the scene of the incident to draw up a report on the incident and identify the person responsible.
2. Within 5 days from the date of the incident or another period specified in the CASCO policy agreement, you must contact the insurance company to report an accident with the insured car.
3. At the request of the insurance company, provide the damaged car for an appraisal examination and receive the results of its conclusion.
4. If you disagree with the results of the examination carried out by the insurance company, you need to independently conduct an independent examination of the vehicle.
5. Submit an application to the insurance organization for compensation for the insured event under CASCO, attaching the necessary documents.

Documents for insurance

Mandatory package of documents

In order for the insurance company to pay for the damage, you need to collect a package of documentation:

• certificate of an accident - issued by the traffic police;

Additional package of documents

The following additional papers will be added to the required package and will speed up and facilitate the procedure (it is not necessary to submit):

• copy of rights;

How to submit a package of documents

The entire kit must be transferred to the IC in one of the following ways:

• personal visit;

The kit is accompanied by an application for compensation in the event of an insured event. It is filled out by the owner of the car. If another person was driving during the accident, you need copies of his documents - passport, license, contacts.

It is better to submit copies of documents to the company, because the originals are difficult to restore if lost.

• the deadline for transferring documents about an accident and a car for examination is no more than 5 working days after the accident;

If the victim does not agree with the conclusion after the examination, an independent examination must be carried out, and the costs for it must be included in the compensation.

What documents to obtain from the traffic police

The list for the insurer includes a certificate of an accident - its form No. 154, and a protocol.

The help contains key information:

• about the participants in the accident;

The victim needs to carefully study the issued certificate and insist on its addition if it does not describe all the damage, because this document will be the basis for obtaining insurance.

A protocol is required if there has been a violation of traffic rules. At the same time, a resolution on an administrative violation is drawn up for each participant, and sanctions may be applied for it as defined by the Code of Administrative Offenses - fines, suspension of the right to drive, etc.

If there were no violations, then a refusal to initiate administrative proceedings is issued.

The protocol is needed to prove who is the injured party and who is the guilty party. If you disagree with the decision of the traffic police, you will need to appeal it in court and prove your innocence in the accident.

If you decide to file a claim, you must inform the insurer about the proceedings and ask for a stay of the case. After all, while the trial is going on, the real culprit can either receive compulsory motor liability insurance by showing a refusal to initiate an administrative case, or otherwise take advantage of the situation.

Necessary documents for registration

When contacting an insurance company to receive compensation under CASCO as a result of an accident, you must provide the following documents:

• application for payment of compensation for damage suffered;
• passport and contact details of the applicant;
• CASCO insurance policy;
• the applicant's driver's license;
• vehicle inspection certificate, registration certificate or vehicle passport;
• traffic accident report indicating damage and a certificate from the traffic police;
• medical report on victims of the accident, if any;
• if the contract specifies a clause on payment for related services, then provide receipts or checks for payment for tow truck, parking, etc.

Statement about the occurrence of an insured event

An application for CASCO insurance in case of an accident can be completed in any form or on the letterhead provided by the insurance company.

Regardless of the form of completion, the application must indicate mandatory data, such as:

• name, address and contact information of the insurance organization;
• contact and passport details of the applicant;
• CASCO policy number and date of its conclusion;
• complete information about the insured vehicle;
• detailed description of the insurance case: time, date, place, cause and participants of the accident;
• detailed description of vehicle damage;
• presence of traffic police officers at the scene of an accident;
• demands to the insurance company for reimbursement of material compensation for the restoration of the vehicle;
• indication of bank details for the transfer of compensation;
• list of attached copies of documents;
• date of application and signature of the applicant.

Application processing and payment deadlines

Like the deadline for filing, the deadline for considering an application for payment of insurance compensation must be specified in the contract for the CASCO policy. If there is no such clause in the contract, then you should check with the insurance company about the possible review period.

It is worth noting that the standard period for consideration of an application is from 5 to 14 days. If there is a lack of information or documents, the period can be extended by no more than 30 days.

The timing of payment of money also does not have clear boundaries and must be specified in the contract or discussed by the insurer.

But there are average payment terms from different insurance companies:

• Insurance companies with a client base of more than 1 million clients – up to 14 days;
• Insurance companies with a base of 50 thousand to 1 million clients – up to 30 days;
• Insurance companies with a number of clients from 5 to 50 thousand clients can pay either within a week or not pay until the client demands it in a legal form;
• Unknown insurance companies are, as a rule, scammers, and you should not expect compensation from them.

How does CASCO work if the applicant is at fault?

If the applicant is the culprit of the accident, then, as in the opposite situation, the policy will cover all the necessary costs for restoring the car.

But it is worth remembering that if at the time of the accident the culprit-applicant was under the influence of alcohol or drugs, grossly violated traffic rules or intentionally caused damage to the car in order to receive compensation, then the CASCO insurance company has the right to refuse insurance payment.

Reasons for refusal

It is no secret that insurance companies are looking for reasons to refuse insurance payment. Such an action is possible, but only in certain situations specified in the policy agreement, namely:

• the applicant seriously violated traffic rules, thereby causing an accident;
• after the accident, the applicant did not act in accordance with traffic rules or left the scene of the accident;
• the driver of the vehicle did not have a driver’s license;
• the applicant drove the car while under the influence of alcohol or drugs;
• the driver did not complete documents at the scene of the accident;
• the application for damages and the required documents were submitted after the period specified in the policy without a valid reason;
• the accident report does not indicate the applicant’s claims;
• the damage to the car was caused intentionally for profit;
• the terms of the CASCO agreement were violated;
• the driver repaired the vehicle before contacting the insurance company and conducting an examination.

A traffic accident can happen to any motorist. In order to protect your car as much as possible and receive financial compensation for damage caused, insurance companies offer to purchase a CASCO policy.

To receive an insurance payment, it is important to act correctly in the event of an accident, contact the insurance company in a timely manner, providing the necessary documents, and clearly know your rights. Good luck on the roads!

What is uncontested compensation?

This innovation came into force in 2014. Why "innovation"? Because many drivers still turn to the company responsible for the accident for insurance, wasting time filing an application for compensation for damages. Meanwhile, an addition has also been introduced to this rule.

So, starting from 2014, a driver involved in an accident must submit a claim for damages only to his insurance company - the place where he purchased the compulsory insurance policy. There are restrictions here - direct compensation for damage (DCL) is possible if:

• All participants in the accident are insured;
• damage was caused only to vehicles.

Until 2021, the direct compensation mechanism only worked in the event of a collision between two vehicles; now the number of participants in an accident is not limited to two.

If you are the victim of a collision, you need to notify your insurance company about the incident. Within 5 business days after the incident, contact her with a request to receive direct compensation for harm. To do this, prepare a set of necessary documents. If you are the guilty party, leave the victim the number and series of your MTPL policy. Explain that he must apply for compensation through his insurance company.

If there are victims or one of the participants is not insured, then direct compensation under the insurance contract does not work; you must contact the insurance company of the person responsible for the accident. It happens that payments have already been received from your insurance company under the PES, but later additional damage to health is discovered. The injured party has the right to apply to the culprit’s insurance company for compensation.