Insured event under OSAGO. OSAGO payments. Procedure in case of an accident

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

There comes a time in every driver's life when he has to remember about car insurance. Then some rejoice at their foresight, while others complain about mistakes, since they have to compensate for all the costs on their own. This article will describe in detail what constitutes an OSAGO insured event, we will discuss all the nuances of its occurrence, registration and receipt of payment.

Definition

Insured event - an event that caused damage to the object of the contract. OSAGO insures life, he alth, property of third parties, that is, harm caused by the driver to someone. CASCO compensates for the damage received by the vehicle (V) of the policy holder.

The occurrence of an insured event is a reason to apply to the company for compensation. But before a person receives a payment, a detailed study of the facts and circumstances of the incident takes place. To avoid fraud,deliberate action or intent, the company will study all documents in detail.

Algorithm

All insurance rules, as well as the procedure for the victim, are prescribed in the contract. In short, the algorithm looks like this:

• install warning triangle;
• call the police;
• do not move the car;
• if you agree to sign a certificate of an accident;
• call a tow truck;
• notify the UK within a limited timeframe.

You should not call the company immediately after an accident. Firstly, employees are unlikely to prompt the correct procedure and all the nuances of paperwork. Secondly, they will ask about the availability of certificates confirming the occurrence of an insured event. Therefore, you should familiarize yourself with the contract in advance and study the algorithm of actions.

First of all

If you have become a participant in an accident, then emergency signs should be put up at the scene of the accident. If necessary, provide assistance to the injured. Then call the traffic police by calling 002, 112, 911.

During the waiting period, you should not discuss any nuances of the accident with the other party. This information can then be used against you. This time should be spent on fixing the registration numbers of cars, finding out the names of other participants in the accident, their phone numbers, it is advisable to get the data of witnesses, if any. During the same time, it is also worth making an application. The insured event must be described in accordance with the requirements specified incontract.

The victim is advised to find out the contact details of the culprit of the accident, the name of the insurance company, the number of his policy. If there are many participants in the accident (more than two cars), and it is difficult to clearly determine who is to blame for what happened, then it is worth interviewing all parties and collectively compiling a notice that an insured event has occurred under OSAGO. It is attached to the policy.

If the co-driver does not agree with the stated facts or simply does not want to sign the document, there is no need to worry. The IC has no right to refuse payment only because of the absence of an application.

Important points

Before the traffic police arrive at the scene of the accident, a lot can change. Therefore, if you have a camera or video camera with you, then you should immediately film the scene of the incident (from four sides) and the victims, if any. It is best to take several photos from different angles and distances.

Nothing can be changed at the scene of an accident. But if a traffic jam has formed, and the victims are forced to clear the roadway before the arrival of the police, then it is first necessary to draw up a diagram of the accident, fix the position of the vehicle in the presence of witnesses and prepare a statement. The insured event must be executed in accordance with the rules specified in the contract. If there are items that are relevant to the scene (for example, glass fragments), then all measures should be taken to preserve them and limit the detour.

If the insurance rules provide for informing the company about the occurrence of an accident by calling,feel free to ask the name of the employee who took the call. If in the future his words provoke you to violate the procedure for processing documents, then there will be someone to refer to. CASCO policy holders are required to inform the UK on their own.

Registration of an insured event under OSAGO

On arrival, the traffic police inspector is obliged to take away from all participants in the accident vehicle registration certificates, driver's licenses and policies. Based on the information of all parties, an accident scheme is drawn up, in which all the circumstances of the accident are described in detail. The certificate must include the personal data of witnesses, if any, and passengers. If the information is presented correctly, then the paper can be signed. If a person believes that the documents for the OSAGO insured event are drawn up incorrectly, then this should also be recorded in the notice. In this case, you must indicate "Disagree" and sign.

The injured inspector is obliged to issue a copy of the offense report, a certificate, an accident scheme (area plan and location of the car, speed, braking distance, description of the collision site), data on the inspection of the vehicle and explanations of all participants and witnesses. These papers must clearly indicate the name and position of the inspector. If the documents cannot be issued immediately, then it is necessary to clarify the exact time for the consideration of the case and appear at the specified place and within the specified time.

If an accident caused severe damage to the he alth of the victim, then a medical examination certificate must be attached to the documents. Procedurecarried out at the scene of the accident or in a medical institution in the presence of two witnesses. This is how a specific CMTPL insured event - an accident should be recorded.

Nuances

After an accident, you should carefully check the damage caused to the car. Then the traffic police officer must clearly describe them, and also include the phrase “Hidden defects are possible” in the act. Otherwise, the UK will not pay for the cost of repairing damage that was not previously described.

You should also check the correctness of filling in the protocols and certificates, the accuracy of the specified data on the place and time of the accident, information about the participants and the vehicle. All corrections must be certified with a seal, a signature and the phrase “believe corrected”. The document must be in one handwriting.

You can evacuate the car after documenting the accident with the permission of the inspector.

Other options

If the vehicle was damaged as a result of a natural disaster, such as a hurricane or the fall of a billboard, then you should contact the local branch of the Roshydrometeorological center for a certificate of the incident. If the car was damaged by fire, then the relevant document can be obtained from the fire department.

CASCO policy holders, in order to receive compensation for damage caused by third parties, must write an application to the territorial police station and take a certificate confirming the fact of theft of parts. The same should be done in case of theft of the vehicle.

If an insured event of OSAGO (accident) occurred, and the culprit received a policy in another city, thenplease contact your local branch office. Compensation must be paid in a convenient place (city) for the victim.

This is how the registration of an insured event under OSAGO occurs.

What not to do

• Move the car or objects related to the place of traffic accident before the arrival of the traffic police officer without very good reasons.
• Give in to the participants' threats and pay the damages to the other side before the police arrive.
• Panic.

SC Notification

The terms in which the client is obliged to report the incident are specified in the contract. According to OSAGO, they are 15 days from the moment of the incident, according to CASCO - 3 working days in all cases, except for theft. In the latter version, a person has only 24 hours. Then you need to come to the branch of the UK and provide a complete package of documents. His list is also in the contract. A person has 15 days to collect papers. Although very often the time is not regulated.

If the victim has not received any documents from the scene of the accident, the relevant request can be made by the Investigative Committee. The client will be required to provide a passport, the original policy, copies of receipts, a car registration certificate, a driver's license, the original "Notice", the bank details of the injured party, and an application in two copies for payment in case of insured events. Papers must be stamped, dated and numbered.

Employees of the company without fail conduct an examination. If the damage is very serious, then an expert should go to the scene of the accident. Depending on the evaluation resultsthe amount to be paid is determined. From the moment the documents are submitted, the UK has 20 days to make a decision.

Expertise procedure

Often a situation arises when a person does not agree with the assessment and the amount of the payment. To solve the problem, it is necessary to conduct an independent examination with the participation of appraisers who have a license to carry out this operation, and representatives of the UK. The invitation to the company's employees will have to be sent by registered mail no later than three days before the date of the inspection. If the preliminary amount of damage is more than 120 thousand rubles, then the person responsible for the accident should also be invited for examination. Such actions in the event of an OSAGO insured event will help the injured party to receive compensation through the court in the future. Representatives of the UK often ignore independent investigations. But here the fact of written confirmation of sent notifications is important. If the UK refused to pay compensation or did not respond at all within 30 days after receiving the documents, you should go to court.

How to apply for an insured event under OSAGO without certificates?

Recently, the practice of registering an accident according to the "Europrotocol" without the participation of traffic police officers has appeared. In order to issue an accident according to this principle, it is necessary to use special forms developed by the UK. They are accepted within 5 days of the accident.

Terms of registration: all participants must be insured, there should be no disagreements about damages and accident schemes. Only then will drivers be able to issue documents under a simplifiedsystem. "Accident Notice" must be signed by all participants and submitted to the SC. In this case, the victim cannot make additional claims against the insurer, but the company has the right to conduct an examination to clarify the conditions of the accident.

Insurance "Rosgosstrakh": OSAGO features

• The maximum amount of material compensation is 400 thousand rubles.
• Maximum payments for insured events issued by the "European protocol" - 50 thousand rubles, if both participants in the accident received a policy after 2014-01-08. In other cases - 25 thousand rubles.
• The maximum amount of compensation under the "European Protocol", issued upon the occurrence of an accident in Moscow, St. Petersburg and the corresponding regions, which were recorded by technical means of control, is 400 thousand rubles.
• Insurance "Rosgosstrakh" is paid in cash or by issuing a referral for repairs. In the second case, the wear of parts to be replaced is taken into account. The car can only be serviced at those service stations with which the UK has a contract for repair work.
• Regulation time - 20 business days.

Changes in legislation for 2015

Last year, the State Duma adopted amendments to the law, increasing the limit of payments for material damage and changing the depreciation threshold. If an insured event has occurred under OSAGO, then the car owner can now independently choose the method of receiving compensation (in cash or by sending it torepair). Only the IC of the victim will reimburse the funds, regardless of the company in which the culprit of the accident is served. The State Duma believes that the redirection to the local branch of the insurer of another participant in the accident only delayed the process of obtaining compensation. Previously, in such cases, the payment of a fine of 0.1% of the amount of compensation for each day of delay was provided. New amendments to the law have increased this commission to 1%.

Pen alties are also provided in case of refusal of the IC employees to sell the CMTPL policy to interested parties. Their size is 50 thousand rubles. Alternatively, additional services for the same amount may be imposed on the company.

Maximum payouts under Rosgosstrakh OSAGO policies have also changed. An insured event that occurred on the territory of Moscow, St. Petersburg and the Leningrad Region is estimated at 400 thousand rubles. In this case, participants in the accident will have to provide data from the video recorders of both cars. For other regions, the limit is limited to 50 thousand rubles.

The amendments also provide for the introduction of a tariff corridor so that companies can reduce policy prices. But how much this will affect the cost of "avtocitizen" is still unknown. According to preliminary estimates of the Russian Union of Motor Insurers (RSA), the tariff may increase in price by 24.2%. From 2016, it will be adjusted by the Central Bank.

Terms for pre-trial settlement of disputes have been reduced to 25 days. For the first 20, it is necessary to conduct an examination and make a decision regarding the payment. There are still 5 days left for settlement. This time is not enough for the full processing of each insured event. The risk is that auto lawyers may become more active, offering clients to pay compensation in cash in exchange for an assignment of the right to claim. Then such specialists alienate from the IC amounts that are several times greater than the amount of damage. Here, the company suffers losses, and the client does not receive the full amount of compensation in his hands. Vicious circle.

Expert comments

According to the staff of the PCA, there is another problem. For compensation, clients do not apply to the company, but to the court.

Example

A person has purchased a CMTPL policy from Rosgosstrakh. The insured event occurred as a result of an accident. The client, without calling the employees of the IC, turns to a private appraiser for the purpose of conducting an examination. But how many people, so many opinions. One expert will consider that 1 thousand rubles will be required to restore the car, and the second will name the amount of 10 thousand rubles. With the conclusion received, the client immediately applies to the court. According to statistics, every 4th insurer operates according to this scheme. This is not a normal situation.

In the rules or the contract there is a memo to customers, which could be titled as “An insured event has occurred. What to do?" It clearly spelled out the algorithm of actions. First of all, you need to notify the traffic police. According to statistics, 8–9% of cases are recorded by the Europrotocol. An increase in payment limits will only encourage road accident participants to file accidents without traffic police officers. In theory, such a measure should significantly reduce traffic congestion. Drivers do not have to wait hourspolice officers. But in practice, the victim will not be able to present additional requirements to the UK. The paper is only called "Europrotocol", but it is issued with Russian overtones.

As for compensation for damage in the form of auto repair, the situation here is also ambiguous. The service station with which the UK has a contract may be located 100 km from the victim. The driver will still have to pay extra for new parts. By the way, with the new amendments to the law, the wear limit of spare parts has been reduced from 80 to 50%. And in case of poor-quality repairs, you will have to deal with the service station yourself, although the contract was concluded by the UK.

Wear features

The amount of damage is determined by summing up the cost of parts to be replaced or repaired, taking into account wear and tear. This is a relative indicator. It characterizes the degree of use of components and assemblies of the machine during its operation. It is expressed in monetary units. The older the car, the lower the cost of parts. It is this interpretation that causes a lot of controversy between the victims and the UK.

Each type of parts has its own rules for calculating wear. This parameter is calculated only for units that are subject to complete replacement. If the part can be repaired, then the insurer must pay for the entire repair. The cost of buying paint and car service must also be reimbursed in full. The same applies to safety equipment (pillows, belts), without which the use of a car is prohibited. Cost calculation should take place on the date of the accident, and not when the examination is carried out.

Conclusion

Auto Third Party Liability Insurance is a must for all drivers. But such policies are issued most often for the period of technical inspection, where the key factor is the price. If the driver has a long accident-free driving experience, then there should be no problems. But the probability of occurrence of an insured event always exists. Therefore, you should familiarize yourself with the rules for compiling documents and the algorithm of actions in the event of an accident in advance.