CMTPL payments in case of an accident. Amount and terms of payments

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

Quickly getting paid as a result of an accident is a burning desire of a car owner. But not all insurers pay damages. Sometimes you have to go to court. For more information about what insurance payments can be for OSAGO in case of an accident, read on.

Concepts

The MTPL policy insures the damage caused by the driver of the vehicle to the life, he alth or property of other persons. That is, for the inconvenience caused, in theory, the insurance company (IC) should pay. In the case of a “rebound”, when both drivers are to blame, the amount of the OSAGO payment in case of an accident depends on who is more to blame for the accident and who suffered less losses. Most often, these issues are resolved through the courts.

Legislation

From September 1, 2014, the maximum payment for OSAGO in case of an accident, drawn up by a European protocol (without the participation of a traffic police officer), increases to 400 thousand rubles. The maximum compensation for worn parts is 50%. The victim can apply for compensation only in his IC. A decision is made within 20 working days from the date of receipt of the application. The client has five more to re-apply if he is dissatisfiedprevious result.

From 2014-01-01, the Bank of Russia allowed vehicle owners to file an accident according to the European Protocol, even if a person has CASCO or DSAGO. At the same time, ICs do not have the right to demand additional documents from clients. The term of payment cannot exceed that established by the contract. For violation of this rule, the company will have to pay a pen alty in the amount of 1% of the amount.

From October 1, 2014, the maximum payment for OSAGO in case of an accident for damage caused to a car is increased to 400 thousand rubles. Limit wear reduced to 50%. But in order to receive such compensation, the client will need to additionally provide a photo or video filming, which was carried out using technical means, devices with GLONASS or other navigation systems.

Refused payment

Legislation does not provide for compensation if:

• A person not listed on the policy was driving.
• Damage caused by dangerous goods.
• Compensation for non-pecuniary damage is not provided for by the autocitizen policy at all.
• Damaging as a result of sports or educational activities, if the culprit was on a specially equipped site.
• Payout exceeds the limit.

In addition, there are cases when compensation for damage in case of an accident (OSAGO) is carried out, but the insurance company has the right to regress:

• If the harm was caused by an uninsured person.
• If the driver was withoutright.
• During the period of time when the accident occurred, the insurance contract was not valid.
• If the culprit fled the scene of the accident.
• The driver was under the influence of alcohol, toxic or drugs.

Damage exceeds liability limit

Despite the changes in the legislation, the currently existing CMTPL payments in case of an accident will not be able to compensate for the repair of expensive foreign cars. Even if the owners of "cool" cars receive a CASCO payment, the insurance company will still put forward a regression claim to the culprit. Further events may develop according to such scenarios.

1. The culprit can always challenge the amount claimed by the plaintiff, requiring an additional examination. Most often, the court accepts a new calculation. But it is not always possible to "knock off" the amount to 400 thousand rubles. is the limit covered by the insurance company. But if the affected car was under warranty, then it will be extremely difficult to dispute the amount of damage.

2. Sometimes it pays to reach an amicable agreement. For example, if the amount of damage exceeds 400 thousand rubles, the perpetrator admits his mistake, is ready to compensate for the damage, but not immediately, but in parts. Going to court will only increase the costs of the plaintiff, but will not bring any other result.

3. If there is only one victim and two perpetrators, then the victim can be counted on a double amount of compensation, since legislative restrictions are evenly distributed on each policy.

Voluntary insurance

If the payout amountaccording to OSAGO does not cover all the expenses of the injured party, you can issue a DSAGO policy. Its cost is about 1 thousand rubles. It extends to amounts that are not compensated for by ordinary auto-citizenship. Coverage can reach up to 1 million rubles.

CMTPL payments to the person responsible for the accident

There are situations when the same driver is both the initiator of the accident and the victim. For example, if several cars were involved in an accident. Then the insurance company is obliged to compensate for the damage caused to another person, and the one that the driver received.

But if the company decides to fight for their money (and this happens in 90% of cases), then the issue will be resolved through the courts. If during the investigation two elements of the offense are revealed, the driver will receive payment only as a victim. There will be no compensation for an accident in which he himself is at fault. But if the court considers the case as one accident, then the money will be paid according to the standard OSAGO scheme.

Compensation for the amount already paid is another controversial issue. In practice, situations often arise when the culprit independently paid the damage to the victim, and then collected documents (accident scheme, certificate from the traffic police, results of an examination with damage assessment) and applied to the UK. The law does not provide for compensation for payments already made. Therefore, in such cases, a refusal always follows. Voluntary compensation for damage is the personal initiative of the perpetrator.

An accident happened: what to do?

First, try to calm down, turn on the emergency gang, turn off the engineand get out of the car. If there are victims, call an ambulance, call the traffic police and insurance. Try to find witnesses to the accident, get their contact details and statements.

In no case do not move the car before the arrival of the traffic police officer. Take photos of the accident scene with your phone from at least four different angles (several shots each). Try to frame road markings and signs.

While you are waiting, issue a certificate of the incident and a statement of the occurrence of an insured event under OSAGO. Terms of treatment after an accident are regulated by the contract. Same as notification form (in writing, by phone, fax, etc.).

Upon arrival of the traffic police, actively participate in all clarifications. Describe in detail how the accident happened. Make sure that the scene map is correct. If you are the culprit, then try to provide some extenuating circumstances: poor road conditions, broken traffic lights, lack of markings, limited visibility. And be sure to indicate that the accident was not intentional. Do not refuse a medical examination to determine alcohol intoxication.

Sign the protocol only if you agree with all the circumstances set out there.

Documents for the insurance company

• accident report;
• certificate from the traffic police;
• insurance contract;
• car registration certificate;
• driver's license;
• insured passport;
• certificate of TIN assignment;
• power of attorney if the driver was not the owner of the car.

Which payment for OSAGO will be made, will be determined at the examination. Therefore, it is not recommended to repair the vehicle at your own expense until reimbursement is received from the insurance company. By law, the company has 20 days to make a decision. In addition to monetary compensation, it is also possible to pay for the services of a service station to restore the car. Upon receipt of a referral for repairs, the client confirms the possible increase in the terms for the fulfillment of obligations by the company.

If the insured does not agree with the allocated amount of compensation and the quality of the repair work, he can challenge the decision. To do this, it is necessary to carry out an independent examination as soon as possible (it is desirable that the person responsible for the accident was present), obtain a conclusion and submit it to the company along with a new application. If in this case the IC refuses to compensate for the repair of the vehicle, you need to go to court.

Conclusion

All car owners must have a civil liability insurance policy, which compensates for material or physical damage caused by the driver to a third party. Since September 2014, legislative changes have come into force, according to which payments for OSAGO in case of an accident have been increased to 400 thousand rubles. regardless of the number of participants in the accident. Terms of submission of documents are regulated by the contract. As well as the form of notification: in writing, by telephone, fact, etc. For acceptanceThe UK has 20 days to decide. All questions and disagreements are resolved first independently, and then through the courts.