Any car accident results in a number of problems for the driver, starting with the investigation to determine the guilty party in the conflict and ending with the process of repairing the damaged vehicle. And if the issue of determining the initiator of the accident falls entirely on the shoulders of traffic police inspectors, then restoring the car after an accident is the personal concern of the car owner. Moreover, this also applies to holders of an MTPL policy, since the insurance company can only offer the client a specific service station, and not make a choice for him. We will find out in the article how to properly assess the damage and where it is best to reconstruct the machine.
Basic driver actions after an accident
When involved in a traffic accident, the first thing a driver must do is make sure that no other participants in the accident were seriously injured. Next, before the State Traffic Inspectorate arrives, the motorist should fence off the collision site with special signs, and immobilize the vehicle itself by turning off the engine and applying the parking brake.
Upon the arrival of traffic police inspectors at the scene of the accident, the injured car owners draw up a written explanation, which will be used in the future to establish the culprit. The police may also interview witnesses (if any) and review dashcam footage.
Only after the traffic police officers draw up a report on the traffic accident, the driver will be able to contact the insurance company to receive a compensation payment. How in such a case the assessment of damage and further repair of a car after an accident occurs, we will consider below.
Vehicle recovery sequence
First of all, you need to assess the extent of the damage. This can be done right at the scene of the accident, without involving traffic police officers, if the damage is minor and you were able to agree with the other party on the amount of monetary compensation.
To receive funds from the insurance company, you need to issue a Europrotocol.
However, you should be careful; the slightest mistake in the document can lead to the protocol being declared invalid and you being denied compensation.
Statistics show that it is rare to receive money for body restoration according to the European Protocol. That is why, in the event of an accident, it is better to use the support of our auto expert, who will help you correctly assess the amount of damage, fill out all the documents correctly, and also, if necessary, represent your interests in court.
To determine the exact amount that will be needed to restore a vehicle after an accident, you need to submit an application to the insurance company no later than 5 days after the accident, providing them with the necessary documentation.
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First of all, you will need a vehicle inspection report, which will necessarily contain information about the owner of the car, information that the car was inspected after the accident, as well as a description of the external damage visible as a result of a visual inspection.
If there is any suspicion that the machine has internal faults, this should also be mentioned in the document.
The application must contain a detailed description of the scene of the accident, an indication of the factors that led to the accident, and the culprit. In order to restore a vehicle after an accident under compulsory motor liability insurance, photographs must be attached to the document, which show the license plates of all participants in the accident, and detailed photographs of all damage.
Contacting the insurer
Regardless of which policy the motorist owns (MTPL or CASCO), he must notify the insurer about a traffic conflict that has arisen no later than 7 days from the date of the incident. You can do this in two different ways:
- Call the SK hotline;
- Contact the office of a company providing civil liability protection services.
It is important to know! In the first case, you should expect an independent expert to visit the scene of the accident, where all the necessary documents will be drawn up to receive compensation. When choosing the second option, the injured driver will have to collect all the certificates and papers on his own, which reduces his chances of full coverage of material damage from the insurance company.
Collection of documents
Before handing over your car after an accident for restoration by an insurance company, the driver must prepare the following documentation:
- Passport;
- Certificate of ownership of the car (a general power of attorney and deed of gift are also suitable);
- A valid CASCO or OSAGO policy;
- PTS;
- Driver license;
- Application for compensation;
- A traffic police resolution on a traffic accident, indicating the culprit of the accident.
Having received the listed certificates, the insurer can begin assessing the visible damage, for which the law allows him no more than 10 days. If the insurance company deliberately ignores these deadlines or the amount of compensation calculated by it is too small, then the car owner reserves the right to file a lawsuit against the company and conduct their own vehicle diagnostics with the involvement of another independent expert.
Damage assessment
As usual, the procedure for assessing material damage is carried out by a representative of the insurance company. But the legislation of the Russian Federation does not prohibit motorists from carrying out additional inspection of a mutilated vehicle with the involvement of an independent expert from a service station (at their own expense).
The total cost of car repairs after an accident is determined using the following algorithm:
- The appraiser carefully examines the vehicle body and records damage to the internal structure;
- The total cost of parts to be replaced is displayed, and the cost of restoration work is calculated;
- A percentage for wear of parts is subtracted from the resulting value (if the car is not repaired by a dealer).
It is important to know! If the driver agrees with the established amount of compensation, the insurance company can make a cash payment to the client or reconstruct the vehicle at its own expense. In the opposite situation, the citizen reserves the right to challenge the insurer’s decision in court and initiate a re-assessment of the damage.
Restoring a car after an accident
All actions of insurers are regulated. The insurance company provides three points where you can repair a car after an accident under compulsory motor liability insurance:
- From an official dealer;
- At a bus station offered by the insurer;
- At the service station chosen by the client himself.
How the proposed options differ from each other, and which one is better for the victim to choose, we will consider below.
From an official dealer
Most often, owners whose vehicle has minimal mileage insist on having their car repaired at the dealer. After all, this can guarantee the high quality of the work performed. But insurance companies are reluctant to agree to this method of vehicle restoration, due to three main reasons:
- The price of parts at a dealer is much higher than on the market or in a regular car shop;
- The cost of a damaged car after repair will significantly decrease, even though the reconstruction will be carried out professionally;
- The average duration of a vehicle's stay in a car service is from 1 to 2 weeks, while dealers spend about 30-60 days on this process.
If the client insists on this option, then it is likely that the insurance company will refuse to restore his car at its own expense and will simply give the driver compensation in money.
To the service station in the direction of the insurance company
This method of car reconstruction is considered the most popular among insurance companies, as it allows them to save an impressive portion of compensation funds. The fact is that insurance companies issue referrals exclusively to those service stations with which they have an agreement, receiving in return lower rates for the restoration work themselves.
It is important to know! At the same time, the car owner also remains in the black, since the company’s regulations provide for a guarantee for the repairs performed. This means that if defects are detected, the driver will be able to make subsequent adjustments to the vehicle at the expense of the insurer, which is not offered by official dealers and private service stations.
Own choice of service station
As we mentioned earlier, the car owner himself has the right to choose where to have his car repaired after an accident under compulsory motor liability insurance. But in order to take the car to a service station under an insurance policy, the client needs to obtain consent from the insurance company. Based on this, it follows that the driver will not be able to restore the vehicle at any service station. The reason for a company to refuse a service station may be its banal lack of accreditation.
An additional disadvantage of this option is the removal of responsibility for the timing of repair work with the insurance company. Well, if there is a large difference between the cost of restoring a vehicle by the standards of a private bus station and the estimate drawn up by an insurance representative, the company may even file a lawsuit against the client, forcing him to conduct an independent examination at his own expense.
Where can you get MTPL repairs done after an accident?
Restoration work can be carried out:
- In the auto repair service of an insurance company
- From dealers who officially cooperate with the insurer
- At a bus station, which the policyholder can choose from the list offered by the insurance company
- At a service station offered by the policyholder
In the latter option, the auto center must be agreed upon with the insurance company. She will approve the choice if other service stations do not have suitable spare parts for a full repair or the necessary tools. This happens infrequently, and yet sometimes insurers agree to carry out repairs at the client’s favorite repair center.
Repairs at the insurer's car service center
If the client agrees to repair the car under compulsory motor liability insurance under the terms of a service station located on the insurer’s territory or even owned by it, this will allow everything to be done much faster. In this case, companies can promise the following benefits:
- The client does not need to pay extra money.
- The restoration work deadlines will be fully observed.
- Guaranteed high quality repairs.
- The insurer can control the money spent on repairs.
- Installation of the highest quality parts.
It will also be easier to discuss disagreements about the cost of spare parts and agree on issues that may arise during restoration work.
Repair from an authorized dealer
The insurance company may force the client to have the vehicle repaired at its official dealer. Such cases are appropriate if you need to restore a car after an accident while it is under warranty.
Repair at a service station
Restoration work at a car service center should begin only after the insurer has completed all the manipulations that are part of its obligations in accordance with the MTPL agreement. Such actions are:
- Issuing directions to the vehicle owner for repairs.
- If the car is not running, assistance in delivering the vehicle to the service station site. For example, providing a tow truck.
- Transfer of funds for repairs and purchase of required parts.
- Development of a complete list of necessary spare parts with their prices.
The responsibilities of the auto repair shop include exclusively developing an order for mechanics and other specialists who will participate in the repair. If the service station does not have the necessary spare parts, then you will need to look for them on the market or in another auto repair shop. Car repairs under MTPL must be carried out using only those spare parts for which there are official documents (about their production and purchase).
How is referral for repairs made?
After the victim submits all the necessary documents to the Investigative Committee, company representatives will have to inspect the mutilated vehicle within 5 days. Next, having in hand an estimate for the cost of repairs, an independent expert from the insurance company draws up a written referral to the service station, which is handed over strictly to the client.
Advice! The driver himself can decide to use the received document within 20 days. If a citizen, within the allotted time, does not have time to challenge the mentioned paper, or drive his car to the specified service station, then the possibility of restoring the vehicle under the MTPL policy will be canceled for him. And it will not be possible to resume it in the future even through the courts.
Can I sell it?
Having carefully read the official interpretation of the ban on repairs, you can understand that you cannot dispose of the car and repair damage from an accident.
But the law says nothing about the alienation of a car! Is it possible to sell a car immediately after an accident, which is registered using a European protocol?
Formally, there is no answer to this question - neither the Supreme Court nor legislators in other normative acts provide clarification on this matter. After all, on the one hand, the law does not directly say that it is prohibited to sell a vehicle during the first 15 days from the date of the accident; on the other hand, this will definitely hinder the insurance company’s ability to inspect and conduct an examination of the car, since the new owner may well refuse to provide it for such actions by the insurer.
But if you sell the car, then the obligation to provide the car for inspection at the request of the insurer will not be fulfilled. Thus, if the insurance company does not immediately demand that you provide the car, then you must wait for such a requirement within the general statute of limitations, which is as much as 3 years. And during this entire period, you cannot sell a car according to the letter of the law.
In what cases is an independent examination needed?
Many drivers believe that an independent assessment after an accident is mandatory in order to avoid possible deception on the part of the insurance company. But in reality, this procedure is absolutely useless for persons who have submitted their vehicle for repairs on the direction of the insurer.
It’s another matter if a motorist decides to restore the car on his own, demanding monetary compensation from the company. Indeed, in this case, the estimated insurance amount will not always coincide with the actual cost of vehicle reconstruction. And in order not to pay extra money, a citizen needs to initiate an additional examination.
A person can contact the insurance company with a new estimate either through a lawsuit or pre-trial by sending a written claim. At the same time, it is better to start with the second option, since an amicable resolution of the conflict will allow the client to save a lot of time. And insurers in such situations prefer to agree to the conditions of the victims without provoking further proceedings.
Repair start dates
According to the internal regulations of insurance companies providing civil liability protection, the period for restoration work under compulsory motor liability insurance cannot exceed 30 days from the date of transfer of the vehicle to the service center employees. Additionally, this provision is regulated by the legislation of the Russian Federation, namely clause 15.2 of the “Law on Automobile Citizenship”. Ignoring it on the part of the insurance company may become the reason for a lawsuit filed on behalf of the client.
Attention! As a punishment, the company responsible for repairing the car under the insurance policy will incur losses in the amount of 1% per day of the total cost of vehicle reconstruction. And this penalty is assigned exclusively to the injured citizen. The only exception in this case can be considered the person’s refusal of the referral issued to him by the employees of the Investigative Committee.
When can you get a cash payment?
The Law “On Compulsory Motor Liability Insurance” establishes a number of cases in which you can receive a cash payment:
- Total loss of the vehicle
- When the insurance company cannot arrange repairs
- A reasoned refusal to carry out repairs at a car service center for which the insurance company has issued a referral must be confirmed by the Russian Union of Auto Insurers (RUA).
- The cost of restoring the car is higher than the limit established by law (400 thousand rubles or another value)
- If the insurance company cannot organize the restoration of the car within a month
- Availability of a written agreement between the company and clients regarding the replacement of repair work with cash payments
In other cases, obtaining monetary compensation will be very problematic. If a victim of an accident wants to make sure that the cost of restoration work is calculated correctly, he can use a special program on the official website of the RSA.
If problems are discovered in the car soon after restoration, you need to contact the insurer as soon as possible and send them a written claim demanding that everything be corrected.
Requirements for service stations
As we previously mentioned, when independently choosing a service station, the client must coordinate his decision with the insurer. In order not to receive a negative response from the insurance company, a citizen should make sure in advance that the service station he has chosen meets the following requirements:
- The service is located within 50 km from the vehicle owner’s residential address;
- Station employees guarantee order fulfillment within a 30-day period;
- Availability of accreditation;
- The service station provides a guarantee for the repairs performed (up to 1 year).
If one of the above criteria for car services is not met, then representatives of the insurance company have the right to refuse to pay the client monetary compensation in order to independently restore the car.
If the car is under warranty
If a person whose movable property is under warranty was injured in a traffic accident, then he will be able to receive compensation payment under compulsory motor liability insurance only after completing the following steps:
- While at the scene of an accident, the car owner must notify the insurance company about what happened and wait for the arrival of an independent expert;
- After completing a traffic police report and conducting a preliminary inspection of the damaged vehicle, the driver is obliged to report to the insurance company and submit an application for damages;
- Within 10 days from the moment of being involved in an accident, the motorist must submit his vehicle for extensive diagnostics in order to calculate the damage received.
It is important to know! As you can see, the procedure for receiving insurance payment for a car that is under warranty is not much different from the process of applying for compensation for a regular vehicle. The only thing that the owner of the mentioned car should pay attention to in this case is the timing of contacting the Investigative Committee.
We found out where you need to have your car repaired under warranty if it was involved in an accident, and during what period it is advisable to submit a claim to the insurance office. In conclusion, it is worth adding that if the internal regulations of OSAGO are not followed, a citizen may be refused compensation for material damage. And then he will have to cover the costs of restoration work exclusively from his own pocket.
