The period for consideration of a claim under compulsory motor liability insurance: how long to wait for a response - 10 days or more, what is the time allotted for pre-trial filing with the insurance company after payment?

What is the payment period for compulsory motor liability insurance for an insurance company?

The Federal Law “On Compulsory Motor Liability Liability Liability Liability Liability Insurance” clearly defines the terms of payment under compulsory motor liability insurance in case of an accident. Article 12.21 states that the insurer is obliged to consider an application for compulsory motor liability insurance from the driver within 20 days from the date of its receipt. After its delivery, the organization is given 15 days to receive the document, the remaining 5 days are given to draw up a report on the occurrence of the insured event.

The insured event report serves as the basis for making a decision to refuse or to make an insurance payment to the victim. If the decision is positive, the victim’s car may be sent for restoration work or monetary compensation may be paid. Today the first option is a priority.

If, after studying the case, the insurer decides to refuse compensation, it must notify the motorist in writing, indicating the reasons. The refusal can be partial or complete.

How long does it take to process an application?

Article 12 of Federal Law No. 40 states that applications are considered within three days after the client’s application. This time is required for company employees to perform the following actions:

studying the received materials;
recognition of the event as insured;
setting a date for the expert assessment.

Having received the application, the insurance company expert is obliged to inspect the car within five days. The purpose of the examination is to determine the amount of insurance payments.

Legislative regulations on the timing of payment of compulsory motor liability insurance and other parameters

The key legislative act is the Federal Law “On Compulsory Motor Liability Insurance” in its latest edition. The latest adjustments were made by Federal Law No. 49 of March 2021. It regulates the following:

the maximum period for determining damage after a traffic accident is 5 days;
the maximum period for filing a claim from car owners to insurance organizations is 10 calendar days;
the period of inspection by the insurance organization of the damaged car is 5 days;
the validity period of the MTPL policy is 1 year or more;
maximum insurance payment: 400 thousand rubles for property and 500 thousand rubles for damage to the health and life of people;
Monetary compensation for damage under motor vehicle insurance is replaced by direct compensation (repairs).

The cost of insurance is affected by the tariffs established in each locality; for legal entities and vehicle fleets the price is higher.

Which days are taken into account in the terms of consideration of payments under compulsory motor liability insurance: calendar or working days?

Russian legislation establishes a 20-day period for payment of compensation to an insurance organization. This period of time does not include holidays and weekends. Knowing this information is important for the following purposes:

in order not to delay submitting an application for an insured event to the insurer to receive compensation;
to monitor compliance with the deadline for considering an insured event under compulsory motor liability insurance.

Payments and statute of limitations

Neither the law nor the MTPL Rules contain any mention of the limitation period. This issue is covered by the provisions of the Civil Code (Civil Code), Article 196 of which defines the general limitation period of 3 years. This is also confirmed in Art. 966, dealing with the limitation period for claims related to property insurance.

According to the Civil Code, the calculation period begins from the moment of violation of rights. That is, property claims can be made against the culprit within three years from the date of the accident (the date of occurrence of the insured event), and against the insurer - from the date of refusal to pay, when it became clear that it was not enough or the insurance company did not meet the payments within the established deadlines.

In relation to claims for compensation for damage to health and life, moral damage, as well as for any court decision already made, the statute of limitations does not apply. A suspended or interrupted period always begins to be calculated anew.

For what reasons may the insurance company violate the terms of payment under compulsory motor liability insurance in 2021?

Many vehicle owners become indignant when insurance payments under compulsory motor liability insurance are delayed. However, not all of them paid due attention to collecting the necessary documents and the date of their provision to the organization.

If people were injured in a road accident, the period for collecting documents will be extended. This is due to the investigation of the incident by investigative authorities. Some certificates will be issued only a month after the incident, while others will be issued even later. Such documentation contains a lot of data that is required by the insurance organization to confirm that the insured person was driving the car in a sober state, at that time he had a valid driving license of the required category, and much more.

It can take a long time to receive these documents. Therefore, if insurance compensation is delayed, it is best to contact the insurer and ask to be informed about the reason. Sometimes it happens that the company has not even received all the documents from the client, which means that the countdown has not even begun. Another reason may lie in the presence of errors in the certificate or other papers.

As a result, the period allotted to the insurance organization for consideration of the application will begin to count only after submitting a complete set of documentation and correcting all existing errors and inaccuracies.

Is it possible to speed up the consideration of the application by the insurer?

There are recommendations that will help speed up the progress of the case. The most effective are the following:

1. After an accident, it is necessary to call an emergency commissioner, and then obtain the following information from the person responsible for the accident:

Information about the insurance agreement: series and number;
Contact phone number;
Registration address and actual place of residence;
Phone number and address of the insurance company of the driver whose actions initiated the accident. Usually the information is on the OSAGO policy form;
If possible, you should try to get a copy or take a photo of your car insurance policy.

2. Visit the traffic police department and receive a package of documents that will be required to register the incident with the insurance company.

3. Promptly provide the received documents to the insurance company

In the past, in order to obtain certificate No. 748, the insurance company sent a request to the traffic police. Today the order has changed. The participant in the road incident must obtain the document from the traffic police and provide it to the insurer.

Sometimes insurance employees require the client to visit the traffic police department again to put a round stamp on the certificate. Such actions are illegal. The certificate does not require a round seal. A corner traffic police stamp is enough for her. It is important that it contains information about the traffic inspector who applied the mark.

Sending notifications about a road accident to the insurance company and conducting an independent examination

Before submitting a notification about a road incident to the insurer, you need to ensure that you have copies of this and other documents. They must be certified by the insurer's employee who receives the certificates. Such actions will help restore papers without wasting time if the company loses them (this doesn’t happen often, but it does happen). It would be prudent to write down information about the insurance employee who accepted the case for consideration, as well as his contact information for communication.

If the results of the expert assessment of damage are not satisfactory, then you should independently find an independent expert and order his services.

Attention! You will have to pay for an independent examination out of your own pocket. Therefore, if it seems that the insurance company has underestimated the cost of repairs by several hundred rubles, then it is simply not advisable to incur such additional expenses.

When organizing an independent examination, you must do the following:

Send a notification letter to the insurer indicating the time and place of the expert assessment. Regardless of the reaction of the insurance organization, it will be almost impossible for it to challenge the results of the examination.
Maintain correspondence with the insurance company regarding the notice of independent examination. This will allow you to justify your actions in the event of a trial and deprive your opponent of the opportunity to challenge the expert opinion.

In what cases should you contact

Judicial settlement of losses is possible if there are grounds for litigation.
The desire for insurance is not enough; documents indicating unlawful actions of the insurance company are attached to the statement of claim.

The main reasons for litigation include:

The insurance company refuses to compensate for losses incurred by the policyholder in an accident.
In this case, the insurance conditions are met, the culprit is identified, and the amount of damage is established. A prerequisite for going to court is the presence of a document indicating the reason for the refusal, motivated by legislative norms and the insurance contract. The plaintiff will need to prove that the accident that occurred falls under the insured event and payment is due in full.
The insurance company did not make payments on time and is delaying the decision.
When contacting the insurer and submitting documents, a copy of the application or an act of acceptance of certificates is issued, which indicates the date. If the payment deadlines have passed, or the insurer has compensated only part of the expenses, there is a reason to go to court. An act of acceptance and transfer of documents is attached to the statement of claim.
The amount indicated for payment does not correspond to the damage caused to the car; it is not enough to cover current expenses.
If the indicated amount of compensation is less than the damage caused to the car, the policyholder conducts an independent examination. With the resolution, he goes to court to recover the due amount.
The amount of damage exceeds the maximum insured amount available for payment, and the injured person wants to receive compensation from the person responsible for the accident. The victim can also recover moral damages from an individual. But to do this, you will have to prove that the accident caused psychological trauma or led to a disease of the nervous system.

Main stages of filing an application for payment under compulsory motor liability insurance

In accordance with the latest amendments to Federal Law No. 40 (Article 11, paragraph 1), the deadline for submitting documents to the insurer is reduced. They must be provided no later than 5 days after the occurrence of the insured event.

The main documents for submission to the insurance organization include the following:

free form application. If the insurance company has its own forms, then you should use them. You can obtain the document at the company office;
certificate No. 748, which is issued by traffic police officers;
copies of all significant pages of the civil passport and a copy of the driver’s license;
document confirming an independent examination;
documents that confirm ownership of the vehicle;
payment documentation confirming the use of a parking lot, tow truck, etc.;
a bank account into which cash payments can be made.

The insurer has 5 days to collect and submit these documents. After this, the organization conducts a technical inspection of the damaged vehicle.

Payment processing deadlines

Now let’s look at the time frame within which the insurance company must pay the money according to our legislation. First, let's define the stages of the procedure:

Registration of road accidents.
Collection and submission of documents.
Providing a car for examination.
Decision making by the insurer.
Payment of compensation.

In addition, the process may be delayed if the victim is not satisfied with the amount of compensation.

Deadlines for applying to the Investigative Committee

Clause 3 of Article 11 No. 40-FZ states that the victim must notify the insurer of the insured event within the period stipulated by the contract at the first opportunity, and then meet the specific time frame for submitting documents. In clause 4.17.2 of the MTPL Rules, in support of the provisions of the law, it is stated that the insurance company must be notified of the incident as soon as possible.

Therefore, the answer to the question of how long insurance pays out depends on how quickly the victim fulfills the above legal requirement. Previously, he had 15 days to collect and submit documents. Today, the claim for compensation and documents must be sent to the Investigative Committee within 5 days after the accident.

It does not matter how the incident is registered - with the participation of State Traffic Inspectorate employees or according to the European protocol.

The car must be presented for inspection upon agreement or upon the first request of the insurer. After what time? Clause 10 of the law on compulsory motor liability insurance states that this must be done within 5 days after submitting documents and an application for compensation. If the result of an independent assessment at the initiative of the victim does not allow the insurer to establish the fact of an insured event or determine the actual amount of damage, the company has the right to inspect the damaged vehicle within 10 days after filing the application.

How long does it take to process an application?

The period for consideration of an application for insurance payment should not exceed 15 days. The insurance company is given another five days to make the payment, if possible.

That is, 20 days after filing the application, the insurer is obliged to make a decision on payment of compensation or repairs or issue a justified written refusal. If the victim decides to have his car repaired at a service station with which the insurance company does not have an agreement, and the insurer agrees to this, then the period in this case increases to 30 days.

Deadlines for appealing the decision of the Investigative Committee on payments

Force majeure and other cases when payments are impossible or deadlines may not be met are stipulated in the contract, the conclusion of which involves the registration of insurance. The procedure for resolving disputes is described in Chapter 5 of the Rules and Art. 16.1 of the law on compulsory motor liability insurance. If the insurer acts in violation of obligations or legislation, and the victim is not satisfied with something, the decision of the Insurance Company can be appealed.

Terms of payments under compulsory motor liability insurance in case of an accident

When the injured motorist submits an application for compensation and all the required documentation to the insurance company, the deadline for compulsory motor liability insurance begins to count, during which the company is obliged to make a decision: make a cash payment, send the car for repairs, or refuse to cover the costs. Holidays and weekends are not taken into account. This says that we are talking about calendar days.

If the 20-day period has expired, you should contact your insurance company and find out the reason for the delay. If the driver considers these arguments unconvincing, he can submit an application for payment of a penalty under the motor vehicle license. For each day of delay, the penalty is 1% of the amount of damage. So, if, according to the results of the examination, the amount of damage is 120 thousand rubles, then in just 5 days of delay the client will receive an additional 6 thousand rubles.

The legislation provides for the possibility of filing a complaint against an insurance company with the FSSN and RSA. If they do not help, then you can send a claim to the insurance organization describing your requirements. 10 days are provided for its consideration. During this time, the company can provide the following:

make a payment;
issue a direction for restoration work;
refuse reimbursement of expenses.

Russian legislation regulates the periods during which the insurer is obliged to make monetary compensation or issue a referral for restoration work.

What to do if the insurance company delays payments?

Unfortunately, the situation when insurers delay cash payments is quite common, and there are many instructions on how to act in such circumstances. In fact, there is nothing easier than resolving the issue in your favor, since if you act quickly and correctly, you can receive not only compensation, but also a penalty for the delay. The injured person will need to do the following:

Draw up and send a claim to the insurance company demanding immediate payment. This is necessary to comply with the general procedure for resolving disputes.
If the money has not been paid within 10 days after the application, the citizen can safely go to court . An important addition: for each day of delay, penalties will be charged. The amount of the claim may also include legal costs.

Typically, insurers do not bring the case to trial in order to avoid additional costs, so this course of action is almost guaranteed to allow you to receive the due payment.

What is the deadline for appealing a decision on payment under compulsory motor liability insurance?

If the insurance company does not fulfill its obligations to provide compensation after an accident, it is necessary to file a pre-trial claim. The document should be sent to 3 organizations:

Insurance company office (registered in the name of the general director);
Union of Auto Insurers;
Representative office of the Central Bank of the Russian Federation.

The claim must include the following:

Compensation due based on the insurance agreement;
Penalty in the amount of 1/75 of the refinancing rate per day of delay.

The document can be sent via courier service or Russian Post. In the second case, the letter must contain an inventory, and it must also include a notification of receipt. This approach will significantly reduce the time frame for paying MTPL insurance compensation.

Punishment for failure to meet payment deadlines

Clause 21 of Article 12 of Federal Law No. 40 defines methods of influencing the insurer with rubles in the form of a penalty (penalty) when it does not adhere to the deadlines specified by law. It also states that the Bank of Russia monitors the insurance company’s compliance with the insurance compensation procedure. In such cases, the Central Bank issues an order to the insurer on the need to fulfill obligations, including deadlines. This order cannot be ignored.

Penalty for late payment

If the insurance company fails to pay the compensation within the allotted 20 days, provided that there are no grounds for refusal, it will be obliged to pay 1% of the total amount for each day of delay. If the deadline for issuing a reasoned refusal is not met, the insurer will have to pay 0.05% of the insured amount for each day of delay.

Payments under compulsory motor liability insurance if the driver was drunk during the accident

If the injured driver is involved in a traffic accident and it turns out that he was intoxicated, this entails serious consequences. But this fact in itself does not affect the fulfillment of obligations by the insurance company.

If the at-fault driver was intoxicated, his insurance company will in any case compensate for the damage caused to other participants in the accident. But then she can initiate a recourse process and, through the court, demand a refund of the amount paid. This means that if the driver drank, got behind the wheel and caused an accident, he needs to prepare money to cover the damage.

How long the insurance company pays under compulsory motor liability insurance does not depend on whether a driver was intoxicated or not. This point can only affect the process of collecting documents and issuing certificates.

How long does it take for insurance to transfer money under compulsory motor liability insurance?

After an accident, many drivers are interested in the question of how long it will take for the insurance company to transfer money under compulsory motor liability insurance. The presence of completed papers suggests the possibility of obtaining funds to repair your own car. Because of this, people are constantly interested in deadlines, which have long remained a “stumbling block.”

By using the phone number listed above, you can get quick advice from an experienced lawyer. He will tell you how to correctly determine the deadlines, and also indicate how to claim additional payment in case of delays. Drivers should seriously consider professional support. Otherwise, you will have to independently contact different authorities to achieve justice.

Which court to file a claim in?

The claim must be filed in the district or magistrate court. Most cases under compulsory motor liability insurance are considered by a magistrate.

According to the procedural code, he is competent to answer for claims based on property interests.

The district court also considers cases of compulsory motor liability insurance, but only on the condition that the cost of the claim is at least 500 minimum wages. And with compulsory motor liability insurance, such amounts are unlikely.

You need to contact the court at your place of registration. But if in the region of residence of the plaintiff there is a functioning branch of the defendant, then filing an application is possible at the place of actual residence of the citizen.

There are several ways to pursue a claim for compensation:

On one's own. This is a good money saver, but a waste of time, effort and nerves. Without legal skills, winning a case is problematic, because the insurance company almost certainly has a lawyer on staff who will defend the interests of his employer by any means. And it will take a very long time for an ordinary person to prove that he is right.
Representative. A judicial representative charges about 10 thousand rubles for services. However, he does not ask for advance payment, and in most cases, remuneration for work is paid if the result is positive. The representative takes responsibility for preparing the case, studying the material and representing the interests of the plaintiff in court.
Lawyer. Performs similar functions as a representative. He only takes an advance payment for his services, and the reward will have to be paid no matter the outcome of the proceedings.
Case buyers. From 2021, the law prohibits selling the right to claim compensation from insurers. Until this year, policyholders sold the right of claim to intermediary companies for the expected amount of insurance payment.

They, by proxy, collected large sums from insurers in court, making a good profit. The policyholder did not participate in this process.

How to file a claim

The statement of claim is drawn up taking into account the requirements of the procedural code. It should contain information:

name of the court where the application is filed;
applicant details;
legal name of the insurance company, registration address, contact details;
cost of the claim (amount of compensation);
the essence of handling references to article numbers in legislation;
request for compensation;
list of attached documents.

The statement of claim immediately indicates the payment due. This includes compensation for damage caused to the car, penalties for delays, and fines.

If compensation is required to be recovered from an individual, then the statement of claim shall indicate the details of the guilty party. The amount of the required amount is indicated minus the damage compensated by the insurance company.

You can see an example of drafting a statement of claim here. Based on the sample, you can draw up the document yourself. If difficulties arise, it is recommended to contact a lawyer.

You must fill out the application using one pen and one handwriting. Blots and mistakes are not allowed.

If errors were made when drawing up the certificates, then the incorrect option is crossed out, the filler writes “believe the corrected one,” signs and stamps it.

In particularly complex cases, there is a reason to redo the certificate, since even a small blot can serve as a reason for refusing to satisfy the claim.

When filing a complaint against an insurance company in court, you must draw up an application in two copies. One remains for office work, the second is sent to the defendant. The date of application must be indicated on the document.

If a claim is filed against the culprit of the accident, then you can draw up 3 statements: one for the court, the second for the defendant and the third for the insurance company, if the insured wants to involve a third party in the case.

The insurance company will act in the interests of the policyholder, which increases the chances of a positive court decision.

Download the statement of claim.

Currently, the insurance company has 20 days to consider the victim’s application. During this time, the insurer is obliged to inspect the wrecked car, calculate the damage caused to the victim and compensate for the damage.

However, there are some nuances regarding this 20 day period.

Firstly, official holidays are deducted from the time allotted to the insurer to analyze the victim’s appeal. This means that during the New Year holidays, May weekend and other days when the Country is on vacation, the insurance company will not check documents. And the deadline for paying compensation under compulsory motor liability insurance will be increased by the number of holidays.

Secondly, the period for analyzing the victim’s appeal may be suspended for several reasons:

Submitting an incomplete package of documents;
Failure to present the vehicle for inspection to the insurer;
Conducting an administrative or criminal investigation.
Documents for payment

Rules for filing a claim

Then a conflict situation arises between the insurer and the policyholder; the law provides for pre-trial settlement. To do this, a written claim is sent to the insurer. It can be sent by mail or delivered in person.

It is important to note that when going to court, the existence of a pre-trial settlement is taken into account. If you immediately contact the judicial authorities, your claim will not be accepted.

When can payments be denied?

It is worth considering that there are a number of legal grounds on which an insurance company can refuse a policyholder:

An incomplete package of documents was provided
The terms of the contract were violated or false or incomplete information was provided
This case is not insured as provided for in the contract.
The fact of fraud on the part of the policyholder was recorded
The deadline for submitting documents has passed

In some cases, not only insurers, but also judicial authorities can refuse to pay a penalty.

Calculation of penalties under compulsory motor liability insurance

The calculation is made depending on the reason for which it is reimbursed. For example, if a penalty is imposed for non-payment of insurance or for violation of payment terms, the calculation is made as follows: 1% of the amount of insurance payment for each day of delay.

If the insurer was supposed to pay 170,000 and delayed payment by 20 days, then the penalty will be: 170,000 x 0.01×20 = 34,000 rubles.

Important! The amount of the penalty should not exceed the amount of compensation. If the vehicle repair period is delayed, the penalty is calculated based on the cost of repairs and wear and tear.

The penalty is calculated only for the underpaid amount. For example, if the policyholder was supposed to be paid 240,000 rubles, but was paid 180,000, then the penalty is calculated for the remaining 60,000 rubles.

From what day is the penalty calculated?

If the insurance company motivated the refusal due to non-payment, but for some reason did not send it to the policyholder, the penalty is charged until the day the refusal is received, in the amount of 0.5% of the expected payment amount for each day.

The penalty is calculated from 21 days (if the policy was issued after 09/01/2014). Count from the day all documents are provided to the insurance company. The last day is when the settlement with the policyholder was made, including this day.

Minimum and maximum amounts of penalties

By law, the minimum amount of accrued payment for delay is limited to 0.2% for each day of delay of the insurance amount. The maximum amount is 90% of the total payment amount.

All other charges will be canceled by the court. According to Federal Law No. 40, maximum insurance amounts are established - 500,000 for compensation for damage to life and health and 400,000 for damage to property.

The procedure for collecting penalties through court

If the pre-trial claim is rejected or not considered by the insurance company, you must go to court to recover. To do this, we draw up a statement of claim and submit it to the court. This can be done by mail or delivered in person.

The application must indicate:

Name of the judicial authority where the application is submitted
Details of the plaintiff, details of his representative (if any), address and telephone number, also place of work and position
Details of the defendant, including the address of the organization and all its contact details
Describe the circumstances of the accident with all the details
Indicate the amount of the penalty and the reasons why the defendant must pay it
List the documents that are attached to the application
Plaintiff's signature with transcript. Exact date (the date of compilation and the date of submission must match!)

The statement of claim can also require the defendant to pay legal fees and a fine for violating consumer rights. It is worth taking into account that if the insurer voluntarily makes all payments, no fine will be imposed.

Attach a copy of your passport and all possible documents regulating the relationship between the plaintiff and the defendant to the statement of claim. Be sure to attach a copy of the pre-trial complaint and the response to it.

If the policyholder fulfills the terms of the contract in good faith and an insured event occurs, the company is obliged to pay the insurance. If the insurance company does not fulfill its duties, we file a claim against it and demand a penalty.

The main thing is to clearly calculate the amount of payments, attach all documents, and be sure to carry out pre-trial conflict resolution. The courts mostly side with the insurers.

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now: +7 (Moscow) +7 (812) 309-53-42 (St. Petersburg) It's fast and free!

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Didn't find the answer to your question? Find out how to solve exactly your problem - call right now: +7 (Moscow) +7 (812) 309-53-42 (St. Petersburg) It's fast and free!