Car insurance today allows you to completely avoid financial losses or reduce them to the bare minimum.
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There are two different types of insurance - compulsory MTPL and voluntary CASCO. Receipt of payments for such products is determined by special agreements.
The difference between OSAGO and CASCO
- OSAGO is mandatory - it is the law. Its object is possible damage caused to health and property of third parties as a result of an accident. If there is no compulsory motor liability insurance policy, the culprit is obliged to compensate for the damage himself. For the driver, the MTPL policy is beneficial because if the accident was not his fault, compensation will be paid to him by his insurance company.
- CASCO insurance is voluntary. As part of it, the car is insured against all kinds of troubles. Along with a traffic accident, a car can be subject to theft, fire, damage by intruders, death due to a natural disaster and other risks. Then the losses will be compensated by the insurance company under CASCO insurance.
The price of a driver's insurance policy depends on many factors.
These include a list of risks, the age of the machine, and its technical condition. Within the framework of compulsory motor liability insurance, it also matters how often a person has been involved in accidents in past periods - especially since January 2019, which we have already written about in detail. OSAGO and CASCO insurance can be obtained from two different insurance companies. After all, insurance conditions, including financial ones, may differ among several insurers. But now the question arises, are simultaneous payments allowed?
Typical situation: the driver is not the culprit of the accident and can receive both payment under OSAGO and compensation under CASCO.
Who should witness the accident?
Any eyewitness can witness an accident involving one participant. And it is desirable that there are two of them. Although single accidents are considered the same as head-on collisions, their severity can be mild.
Such situations do not require certificates from traffic police officers in order for the victim to receive payments under the CASCO policy. It will be enough for him to present testimony of eyewitnesses of the incident to the insurance company.
However, usually such a plan for applying for insurance must always comply with the terms of the insurance contract.
Most often, CASCO in case of an accident without a second party and without certificates from the traffic police is paid by the company in the following cases:
- shallow scratches;
- glass elements, parts or coatings are broken;
- one or two body elements are damaged that cannot be replaced (deep scratches, dents, tears) and under other basic typical conditions that will necessarily be specified in the agreement, or in the Insurance Rules or in the Driver's Memo.
In more complex accidents, certification is carried out either by an emergency commissioner or an independent expert, and service by traffic police officers is also added to them.
Here you should also understand that if the car was standing and not moving, and something heavy fell on top of it, denting the body, then this does not count as an accident.
Most likely, the case of damage, damage, complete loss and other options will be suitable here. But today, universal policies are sold, which include a whole range of insurance events.
Therefore, you just need to carefully remember the terms of your CASCO insurance. Not all policies can include coverage for a single participant during an accident, although this is rare today.
There is information about the termination of compulsory motor liability insurance in Ingosstrakh at this link.
Is it possible to achieve simultaneous payments?
As a general rule, the law does not allow this. This is due to the fact that the two types of insurance cover different risks. OSAGO is aimed at compensating for damage in case of an accident, and CASCO is mainly associated with minimizing losses caused to the car.
However, with CASCO, the insurance risk is somewhat broader and fully covers any damage, including those that can be covered by compulsory motor liability insurance.
We invite you to read: Are GPC agreements included in SZM?
If you contact insurers within the framework of one insured event, guided simultaneously by the MTPL and CASCO policies, the car owner faces no less than criminal prosecution for fraud - namely, an attempt to receive money twice for one insured event.
Such actions, according to the letter of the law, are qualified as fraud in Criminal Law, if the car owner does it intentionally, or as unjust enrichment in civil proceedings, if the policyholder can prove the absence of intent to violate the law.
The Criminal Code of the Russian Federation contains Article 159.5, which specifically deals with fraudulent actions in the insurance industry. Punishment is provided both in the form of a fine of up to 120 thousand rubles, and in the form of arrest for up to 4 months. Everything will depend on the amount of damage caused to the insurer.
Excerpt from the article below
If both policies were purchased from different insurance companies, then a number of cunning car owners are trying to get compensation in two places at once. Theoretically, this option is possible.
However, it must be taken into account that insurance companies quickly exchange data on the payments provided and the fraud is discovered very quickly. And if a criminal case is not initiated, this will still be followed by a claim against the driver for recovery of damages caused.
Compensation under OSAGO and CASCO at the same time is impossible for one more reason. The fact is that now, in most cases, within the framework of “automobile insurance”, insurance companies give preference to repairing the car and sending it directly to a service station. Money for work is also transferred there. Such regulations are contained in the Federal Law on Compulsory Motor Liability Insurance. Therefore, there is practically no room for maneuver - after the repair it will be impossible to receive a payment under CASCO.
Grounds for payment under Casco
With compensation under voluntary car insurance, everything happens differently than under compulsory. When signing a service agreement, each policyholder indicates which incidents will be included in the insurance coverage.
Consequently, if the policyholder demands compensation when insuring an accident under Casco for damage received in the form of theft, and this was not previously specified in the terms of the policy, then there will be no compensation.
Since voluntary insurance is a commercial service, Casco insurance pays in case of an accident in different companies in different ways. This is explained by the fact that each insurer sets its own rates.
The policyholder chooses in what form the payment will be made, and not as in the case of compulsory car insurance, where compensation is provided only in kind, i.e. carrying out repairs.
In what cases is compensation under compulsory motor liability insurance and CASCO insurance still possible?
There are several situations where both insurance policies may actually come into play.
- The onset of another risk. The party injured in the accident negotiates with the at-fault party's insurance company to pay compensation in cash. Here, legal relations develop within the framework of the MTPL policy. However, the next day, the damaged car is stolen without waiting for repairs. In this case, the provision of insurance is carried out within the framework of CASCO.
- Compensation for damage to your car if you are at fault for an accident. The driver, who had both policies, caused an accident, but damaged his car in the process. In this case, payments will be made to the injured party at the expense of OSAGO, and under CASCO the driver will reimburse for his repairs.
- Lack of compensation under compulsory motor liability insurance. If the amount of compensation under compulsory motor liability insurance is not enough for repairs, the car owner has the right to use a CASCO policy to compensate for the missing part.
- The culprit lacks compulsory motor liability insurance. If the victim’s car is insured under CASCO, then he can compensate for the damage through this policy, rather than seek compensation from the culprit. The insurance company, by the way, will then file a recourse claim against the culprit of the accident with a high degree of probability.
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If you need to collect insurance compensation or the insurance company refuses to pay it, our insurance lawyers are ready to answer all your questions.
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Double compensation process
If the policyholder decides to hit the jackpot and tries to receive compensation under both Casco and OSAGO, then such an offense will be quickly identified. Firstly, according to the law, the victim is entitled to only one compensation, which, if he has two car insurance policies, he chooses himself.
Secondly, insurance companies constantly exchange data about clients, which means that such a dishonest policyholder will be easy to identify. That is, it is illegal to resort to the double compensation procedure.
The policyholder has only one choice. This is a choice between policies under which insurance payments will be made. As a rule, if the damage is significant, then they choose Casco, since it covers serious damage to cars. If the accident is not significant, then it is better to choose OSAGO, since in this case there is no deductible and in any case the repairs will be made.
The right to choose: OSAGO or CASCO
When you have a CASCO or MTPL policy and the driver is not to blame for the traffic accident, he can choose which type of insurance to use. Here you need to calculate everything financially.
So, within the framework of compulsory motor liability insurance, the car will most likely be sent for repairs. It is advisable to have a rough idea of its cost in advance. At the same time, the CASCO agreement may provide for cash payments in case of damage to the car.
There is also this nuance: If compensation for damage in an accident is issued under CASCO, the next policy may cost the driver significantly more. The insurance company will make an adjustment for the accident rate of this particular car.
Therefore, if the damage is minor, it is better to contact the culprit’s insurer so that he can arrange repairs of the damaged car under compulsory motor liability insurance. Let us remind you that the maximum amount of insurance compensation in this case is currently 400 thousand rubles.
When thinking about receiving insurance compensation under CASCO, you should remember that not the entire amount necessary to restore the car will be paid. In insurance there is such a thing as a deductible. It refers to the amount by which the amount of compensation is reduced. The amount of the franchise is influenced by the technical condition of the car and the previous insurance reputation of its owner.
Also, for many car enthusiasts, the speed of car restoration is important. Here the preferred option is CASCO. The fact is that the MTPL rule allows an average of a month to consider a received application and make a decision on it.
If we are talking about CASCO insurance, the terms for processing materials for an insured event are stipulated in the contract. For some insurance companies they are within two weeks. Therefore, under CASCO you can quickly organize the required repair work.
Is it worth registering?
To understand whether it makes sense to take out a voluntary car insurance policy, you need to first understand how OSAGO differs from CASCO.
Voluntary insurance has a large number of advantages and advantages compared to conventional compulsory motor liability insurance.
The main advantages include primarily the following:
- the ability to insure your car against a large number of different risks - theft, total loss and damage;
- there are many different additional options, it is also possible to use a franchise;
- a simplified system for registering road accidents; for certain types of damage you don’t even need to provide certificates;
- it is possible to receive compensation in the event of an accident even if the CASCO owner himself is at fault;
- additional insurance options - relating to the health and life of the driver and passengers.
It is important to take into account that compulsory motor liability insurance allows you to receive compensation only to a citizen who is innocent in the very fact of the accident.
In turn, compensation will not be accrued to the person injured through his own fault. That is why, even if you have compulsory motor liability insurance, it will not be superfluous to apply for CASCO insurance.
Thus, if you have two policies at the same time, the driver will be fully protected from any accident.
It is only important to take into account that the cost of CASCO insurance is quite high. That is why you should first familiarize yourself with the algorithm for calculating the cost of this service.
Since often the price for CASCO registration is about several tens of thousands of rubles. This amount is not always justified. Therefore, before you come to any decision regarding a purchase, you should weigh everything carefully.
What is the most profitable CASCO in Moscow is explained in the article: profitable CASCO. Read about the return of the CASCO franchise here.
Sequence of actions in case of an accident:
1. If you have an accident, turn on your emergency lights. Immediately after you turn on the emergency lights, try to exhale and pull yourself together. Don't lose control.
2. Install an emergency sign. 15 meters from the car - in the city, at least 30 - on the highway. If suddenly you don’t have an emergency sign, buy it URGENTLY. This is necessary because cars may not notice your car on the road (especially if it’s night) and “crash” into your car again.
3. Do not conflict with other participants in the accident. This will not lead to the insurance company paying you more money later. Take care of your nerves and follow the instructions.
4. Call an ambulance if there are casualties in the accident.
5. Call the traffic police (if it is not possible to register an accident according to the European Protocol). Don’t listen to anyone, be sure to call the traffic police so that they record the fact of the accident + all the damage. Remember that in a state of stress and affect, it will be very difficult for you to independently assess the situation!
6. Do not move the car until the traffic police arrive. The traffic rules stipulate your responsibilities in case of an accident, namely: stop the vehicle, turn on the emergency lights, and put up an emergency sign.
7. Take a couple of photos of the incident instead of fighting with other participants in the accident. They can be attached to the protocol.
8. When the traffic police arrives, do not be passive. Do not leave traffic police officers (inspectors) alone with other participants in the accident. Feel free to tell the inspector to look under the fenders and hood to document ALL damage. This is important because compensation will be made based on what the inspector indicates in his report.
9. Make sure that ALL damage is recorded in the protocol. We also recommend asking the inspector to indicate in the report all possible HIDDEN damage.
10. Write down the details of the other participants in the accident. This could be your full name, address, where you work, etc.
You will not be given any certificates on site.
Now (after inspection and drawing up a report) you can drive your car away.
