In 2021, car repair under MTPL has changed the principle of operation. Now all payments have been completely replaced by repair processes. The rule has long gained legal force since the spring of last year and is popular among those people who took out a policy after the additions were made.
Until this point, people could choose whether to receive a financial equivalent payment or complete a restoration. Now there is only one option left. If the culprit took out a policy after April, then he may completely forget about the payment. And six months later, a new change came in, when a collision occurs with the participation of two or more participants. In addition, the assessment will be carried out without taking into account wear and tear.
What was the old law?
The expired rules were based on the fact that the owner could receive two ways to reimburse his funds:
- All funds were transferred to the owner of the vehicle, after which he carried out restoration operations.
- The money was transferred in full to the official account of the service station, and the difference was paid at the expense of the person. At the same time, the procedure was carried out without money.
The injured party could take all the money and refuse possible repairs. This was used by many lawyers who filed claims for large sums of money in order to return the difference to the injured party. This is what caused the emergence of many scammers who deliberately set up their cars for accidents. Now that the new regulation has come into effect, car owners have no choice. At the same time, they can only repair their cars at special stations.
Direct reimbursement and its procedure
Since not everyone knows what direct compensation for loss (DCL) is, we note that this is an option for receiving compensation payment in which the injured party contacts the office of the insurance company from which the compulsory motor liability insurance form was purchased.
Important! Clients were able to apply for direct settlement only after amendments were made to the law, which took place on August 2, 2014. Previously, it was possible to receive payment only in the company of the guilty party.
It is important to take into account that the injured party will only be able to apply for a PES if all the requirements are met:
- only 2 vehicles are involved in the accident;
- the parties have agreed who is the guilty and injured party;
- there is no mutual fault in an accident (when both road users are at fault);
- no one was injured as a result of the accident;
- each party has a valid OSAGO form.
If all the requirements are met, you can record the insured event and contact the insurance company’s office to receive compensation.
Important! You can register an insured event either independently, if the amount of loss does not exceed 50 thousand rubles (for the region) or 400 thousand rubles (for Moscow, St. Petersburg + region) or through traffic police officers. In the first case, you should contact the insurer's office within 5 business days, otherwise payment will be denied.
To receive payment, you must prepare a complete package of documents and contact your company office. Specialists from the Loss Settlement Department will accept a package of documents, inspect the damage received, and then announce a payment option.
What changes have you made?
If we talk about changes in the law, then first of all you need to look at the algorithm of actions of each car owner.
This may include:
- The owner of his own car finds himself in some kind of accident.
- The car is transported to the nearest place for repair and restoration processes.
- Representatives of the insurance institution, after completing all the procedures, paid the bill for the restoration and the necessary spare parts. Reviews from customers after this became much worse.
However, cash payments have not been canceled for all existing categories of citizens. This includes only those owners who have been registered in our country and use cars right there.
What are the features of the law?
If we talk about the peculiarities of the law, there are a lot of them.
These include:
- Who will pay the funds? If an incident occurs, then one of the members of the insurance team comes to the site, carries out a preliminary inspection, and also schedules dispatch for repair processes. When restoring the condition, the latest materials are always used. If the spare part has already been used, then a special report is drawn up with a representative of the organization. But according to the current legislation, he does not have the right to sign it and give his approval. This is not within the scope of the current legislation.
- How are restoration costs reimbursed? The costs that are provided for during restoration are calculated using special formulas that take into account various coefficients. If funds were spent on painting parts, then according to the estimate they will not be included in the final amount. Payment will be calculated not based on a check from one station or another, but taking into account the information collected at all points for repairs. It can be found in special books. If the money allocated by the insurance company is not enough, then the difference is reimbursed from the funds of the injured party.
- What is the time frame for the procedure?
ATTENTION !!! A document on referral for repair of the original condition is issued within 3 calendar weeks from the deadline for submitting the application.
If the work is carried out at a service station that is not included in the existing list, then the delay may be observed up to 1 calendar month. The same amount of time is also allocated for carrying out repair processes from the moment the transport arrives at the station for work. An increase in execution time is possible and foreseen. But it only happens when the repair is a complex procedure, and the injured citizen agrees to the procedure. If the period is delayed, the insurance company pays a penalty in the established amount.
- What about the warranty? Many car owners have a question of this nature. It must be remembered that if the body is restored, the warranty is provided for 12 months. In all other situations, the period is reduced by half.
- Where can I get my car repaired? The entire list of service stations will depend on one or another insurance company. Each representative has his own separate list of companies with which contractual relations have been concluded. There are many options, but the decision will be made for each person individually. In addition, according to legal requirements, the service must be located at a distance of up to fifty kilometers from the traffic accident or from the registration of a meter of the injured party. Perhaps the insurer will offer to pay for evacuation services, but a person may prefer completely different stations.
- What to do when your personal vehicle is under warranty? According to current legislation, insurers have the right to send such vehicles to service stations where a certain brand can be serviced.
ATTENTION !!! If options for repair organizations are not offered or are not provided for, then restoration takes place in absolutely any automobile workshop. The owner of a personal vehicle must agree to the conditions provided. If the owner refuses, then he can take the money.
But, this is carried out only if the car is under 2 years old and was purchased from an official dealer. This is quite a big drawback because many dealerships provide a 3 to 5 year warranty on their cars.
- How to choose a service station? When you first take out a policy, you can specify a specific service. This is where your car will be brought when an accident occurs. But, there is some derogation according to the agreement of Rosgosstrakh, when a person can choose another service station that is not on the lists. In addition, all contractual obligations must be indicated in applications. The permit must be in writing, and if any conditions are not met, the owner may demand monetary compensation.
- What to do when renovation work does not meet expectations? If you are faced with a situation where the station takes a long time to make repairs or has done it poorly, then the owner can file a claim in writing. At the same time, he indicates a request to eliminate all deficiencies. If a person is dissatisfied with the repeated result, then he can demand compensation or go to a judicial authority for proceedings.
In what cases is compensation received?
You can receive monetary compensation if you know about the timing and nuances. But to do this you need to know the list of situations when this should be done.
These include:
- The car cannot be restored at a particular station.
- A regular customer died, and the victim’s relatives do not agree with the restoration.
- There is an agreement between the two parties that will be presented for evidence.
- The victim has serious health problems and travels in a specialized vehicle.
- The payment is not enough to carry out the required repairs.
- The injured party suffered greatly. The car owner prefers to receive a refund in money.
- The insurer and the victim agreed that the refund would be made in the form of a cash payment.
- The injured person, who has a car under warranty, did not find a suitable service station on the list.
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.
Why do you have to pay extra if you are not at fault?
It must be remembered that all payments are calculated only according to a special directory. It takes into account a large number of indicators that affect the final expenditure of funds. The owner cannot independently decide on the brand of oil that is poured into the car or the installation of spark plugs that he purchased and constantly installed. All indicators are written down in a special directory, and the insurance company itself decides what needs to be applied.
But, when you want to reduce costs, you can use old devices. This agreement is usually in writing and agreed upon with the insurance company. Even when you are not guilty, you must pay for all procedures. But, according to the law, you can demand payment from the culprit. All this is resolved either immediately after the accident, or in accordance with the established judicial procedure.
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.
What to do with a policy that was issued before the innovations?
If you took out a policy before major amendments were made, you can resort to a determination with a final method: cash reimbursement or full repayment of the repair bill. As soon as the documents are valid, you must carefully and very carefully approach the selection of a particular specialist.
IMPORTANT !!! You need to take a closer look at the list of all service stations with which insurers have entered into a cooperation agreement. You should take into account the location, duration of procedures, as well as transactions with certain brands.
In addition, you need to pay detailed attention to the collection of receipts for repair procedures. They may be needed for legal proceedings. When you have an accident, you need to ensure that all the paperwork is completed. This will help recover all losses with the help of the insurance company.
What to do when buying a car?
If you just want to buy a car and keep all warranty obligations, then ask the dealership for a list of all service stations. After this, select the option of the organization that will subsequently provide the opportunity for service at the selected service station. If the insurance company does not have a contract, then try to negotiate either a referral to this particular station or compensation in cash. If you are purchasing a used car, then ask for all receipts for purchased and installed spare parts. If you are purchasing an expensive car, then analyze whether you can pay off the difference during restoration with your own funds.
As you can see, the new changes in the law only brought a number of misunderstandings on the part of regular customers. And for honest people they have become a kind of problem, because if the repayment amount is exceeded, a person must pay a certain amount from his own financial resources. But in order to take advantage of the law and rights, you just need to study the information provided in detail and find several serious loopholes.
Things to remember
Even if a motorist has a choice, it can be difficult to determine what is more profitable - monetary compensation for damage or restoration work. The key advantages of auto repair are:
- Clearly defined deadlines;
- An integrated approach to vehicle repair under compulsory motor liability insurance;
- Maintenance of the manufacturer's warranty;
- The ability to legally demand that work be performed at a high level
The disadvantage is the inability to independently select a car service, which can negatively affect the quality of restoration work. Currently, there is no provision for the possibility of refusing repairs under compulsory motor liability insurance in favor of payment. But in some cases, the legislation provides for insurance payments.
