How to get OSAGO payments. instructions for calculating the amount of insurance and receiving “problem” payments

A state of shock in the event of an accident is not the best helper in such a situation. In order to avoid many problems, you should act according to a scheme clearly worked out by other drivers. In driving schools, novice motorists are taught these rules, but it’s even better if they are a printed memo in the glove compartment of your car.

So what to do?

Stop the vehicle and turn on the hazard warning lights. Secure the scene with signs in front and behind.
Do not move any objects related to the accident. If you create an obstacle for other road users, fix everything as it is and only after that you can clear the passage.
Inspect the scene of the accident, if there are victims, provide first aid and call an ambulance if necessary.
Inspect the damage, evaluate the damage. In case of serious accidents with victims and the amount of damage more than 50,000 rubles, it is imperative to call the traffic police. Call the insurer from the accident scene, interview witnesses, eyewitnesses, try to find evidence of your innocence.
Ask the other person involved in the accident about insurance and about which company he has a contract with. Drivers are required to exchange information about their policies (provide OSAGO number, company name and contact details), along with other documents - driver's license, vehicle registration certificate, general power of attorney, etc.
If both parties agree regarding the damage, while the damage was caused only to vehicles, if both participants are insured under OSAGO, and also if the culprit pleads guilty, drivers can issue a Europrotocol and go about their business, and the question of how to get insurance, let the company is already deciding the culprit.

It is not uncommon for a driver to get into an accident through no fault of his own, but the culprit does not admit his mistake and tries to justify himself. In this case, the most reasonable solution is to call the traffic police and entrust the paperwork to them.

All papers that will be signed during the analysis of the road incident will need to be collected and taken to the insurance agency.

Scheme of actions for registration of an accident

As already mentioned, there are two options for the development of events. In the first case, the parties draw up a traffic accident on their own. In this case, the form of the OSAGO Europrotocol is used, and with this paper, drivers turn to insurers to receive compensation.

This method is the simplest solution, however, it may not always be possible.

What to do if:

drivers could not agree on the degree of fault of one of them, or have different views on the damage to the car;
in an accident there are injured, or critical damage to health has been inflicted;
one of the participants does not have OSAGO, or is not insured at all;
the damage was caused only to vehicles, but it clearly exceeds the amount of 50 thousand rubles.

There is only one option in such situations - to call the traffic police and file an accident with their help.

Traffic police officers draw up the following documents:

Protocol from the scene of an accident (Notice). This document is somewhat different from the Europrotocol form, but its structure is very similar.
Traffic police officers draw up and issue accident certificates to participants, in case there is damage to health, an Appendix is also drawn up.
Police officers conclude that it is necessary to initiate criminal or administrative proceedings against the perpetrator of the incident.
Participants write explanations.

What rights do participants in an accident have?

As a rule, after the analysis of a road incident, the perpetrator is subject to administrative or criminal liability. Depending on this, police officers issue a decision or determine a preventive measure.

Nevertheless, there are cases when various objective circumstances became the causes of an accident, and there were two victims.

After all documents are completed, both participants, regardless of their degree of responsibility, must receive them in their hands. Drivers often complain that traffic police officers do not immediately give a certificate or a protocol or a resolution.

Remember, such actions without a good reason are illegal, and you can file a complaint against the inspector with his management or with a higher authority.

What are the reasons why the traffic police may not issue a certificate of an accident?

if the employee was urgently called to another incident;
if the victim requires urgent first aid;
if the victim is hospitalized.

Under such circumstances, the participants in the accident must receive a certificate, protocol or resolution within 24 hours from the moment of the accident at the traffic police department, which sent its employees to the scene of the accident.

Another important point! Look carefully at the documents you sign. Sometimes errors and inaccuracies can cause a claim to be denied by an insurance company.

Also, you have the right to disagree with what is written and state your version of what is happening, attaching to the protocol the evidence you have collected and the testimony of witnesses.

When describing the causes of the incident, pay attention to the objective reasons:

the condition of the roadway at the scene of the accident;
adverse weather conditions - snow, blizzard, ice, sticking of wet snow, fog, etc.;
the technical condition of your car - brake failure, headlight failure, etc.;
signs of braking, as well as all evidence that you have made attempts to prevent an accident.

Where to go after an accident?

After the traffic accident has been recorded, dismantled, many things have fallen into place, drivers can go further, of course, if possible. If the vehicle is not able to move independently, then it must be evacuated to the service station.

According to the OSAGO rules, it is necessary to submit documents for payment within up to five working days if the incident was registered independently according to the simplified Europrotocol system, or up to fifteen days if it was registered by the traffic police. A package of documents can be sent by mail with notification.

Here is a list of papers required by the insurance company to make damage payments:

Notice or Europrotocol.
Certificate of accident (if any).
A copy of the decision on administrative violation.
Documents for the right to own vehicles (technical passport).
The conclusion of an independent expert (if any).
Receipts for payment of expertise and repairs.

Direct compensation to the victim

Today, the driver whose car was damaged in a traffic accident has the right to apply to insurance company for direct compensation. What documents are needed for this, we already wrote above.

Consider under what circumstances is this possible?

the driver got into an accident as a result of a collision of two cars;
the perpetrator and the victim are insured under OSAGO;
damage is only to vehicles, there is no damage to health.

If all these circumstances coincide, then the victim can choose where to contact him: to the company where he bought the policy or to the insurance culprit. Drivers who entered into a contract before 02.08.2014 and got into an accident are obliged to use the PVD (direct damages) without any alternative.

As a general rule, direct refunds are much better for drivers because the payout is faster. This is due to the fact that the insurance of the victim can make compensation for damage and immediately put forward a recourse claim against the insurer of the culprit. Internal "trials" of the two companies, as a rule, do not worry motorists much, and material damage has been compensated.

Also, reliable insurers that are connected to the direct settlement system form an additional guarantee fund for payments, thanks to which their clients are protected from fraudsters and unscrupulous agents.

There is, of course, also a downside to this method. Today, far from all companies in the Russian insurance market practice PES, in addition, there are schemes that allow insurers to legally evade payments.

When is a direct settlement not possible?

Unfortunately, there are situations where you will not be able to use the PV option under the following circumstances:

more than 2 cars in a traffic accident;
in the case of a "contactless accident";
unformed incident;
one of the drivers is not insured for motor third party liability;
damage caused in excess of the established limit of 400,000 rubles;
there is a wounded person or a “fatal” incident has been recorded.

In these cases, you should contact only the insurer who issued the policy of the auto citizen to the culprit.

Accidents can ruin your life! We wish you never get into traffic accidents! Be careful driving, take care of yourself and your loved ones!

In recent years, the auto insurance system has undergone significant changes and it is logical that this topic is relevant to many motorists who care about what the amount will be. assessed contributions and what payments of insurance companies under OSAGO in 2018 they will have to count on. Unfortunately, anyone can get into an accident, and you need to know what to do in such circumstances, what compensation is due, how to get it,

Changes in OSAGO rules in 2018

Important OSAGO innovations are valid from the date of 09/25/2017. They relate to indemnification, repairs, the procedure for issuing insurance forms, the timing of the inspection of a damaged car and the financial side of compensation payments for OSAGO and the cost of the policy itself. A new variant of in-kind compensation - repairs - is already applied for insurances after April 28, 2018. Regardless of the term of conclusion of the contract, the new rules provide for compensation for damage in the event of a collision of several (two or more) vehicles (V).

In 2018, OSAGO forms will be equipped with a protective QR code, which makes the information about the insured available online: you can check the authenticity of insurance via the Internet from anywhere. According to the new legislation, car owners are waiting not only for increased tariffs for insurance services, but also for a multiple increase in the amount of coverage. The amendments suggest a possible change in the price category of the user of the vehicle and the calculation of the coefficient determined by the number of accidents for previous periods of driving, their severity, which ultimately leads to an increase tariff rates.

The introduction of changes affects the price category of the OSAGO policy and the calculation of the bonus-malus coefficient (BMC), which determines the cost formation. A driver who has not been involved in an accident for a year receives a discount, or otherwise he will face an increase in the price of contributions for the next year. The new calculation for OSAGO depends on the number and severity of accidents for the previous driving time and is formed from:

region of registration of transport;
the age and length of service of the insured;
machine power;
the number of persons with insured liability under OSAGO;
duration of the insurance;
owner status (individual, legal entity).

The main regulatory legislative document in this area is the latest version of the Law of April 25, 2002 No. 40-FZ “On Compulsory Insurance of Civil Liability of Vehicle Owners”. The innovations introduced by Law No. 49-FZ dated March 28, 2017 came into effect on September 25, 2017 and affected significant aspects of the “auto-citizenship” process:

the terms for inspection of a damaged car by insurers have been changed - the loss must be assessed 5 days after the filing of an application for an accident;
independent expertise is prohibited;
the period for claims from vehicle owners to insurance companies is 10 days;
from September 2017, the policy must be valid for at least 1 year;
after April 28, 2017, monetary compensation for losses under OSAGO was replaced with in-kind payments - direct payments go to repair shops;
the payment limit was increased to 400 thousand rubles for property, to 500 thousand rubles - for individuals.

The cost will be affected by the tariffs adopted by each region, and for fleets and legal entities the average coefficient will be used, which will also increase the cost of payment: the number of cars of the enterprise implies an increase in the number of automobile violations. For the perpetrators, increased coefficients will be established in case of violations:

Number of violations	Multiplier

What is OSAGO reimbursement

The legislation obliges all owners of the vehicle to have an insurance policy under which the risks of all victims are insured: for people - the risk of harm to life / health; for vehicles- Risk of damage to property. To purchase an OSAGO policy, you will need to submit:

passport of the owner of the car and the insured;
technical inspection diagnostic card (if the car is more than 3 years old);
driving license of all prospective drivers;
vehicle registration certificate.

After registration, the insurer issues the original insurance policy (policy) to the policyholder, insurance rules, a memo in case of an accident, a document confirming the payment of funds. The policy must always be carried with you in the car. The document issued by the insured independently electronically through the website of the insurance organization must be printed out.

The insurance company responsible for the accident compensates for the losses to those who were injured, sums of money or repair. Payments are made within the limits determined by the Law. So, legally, protection is guaranteed to all participants in an accident: the victim receives insurance compensation, the culprit does not have the obligation to pay for the repair of someone else's car in full. The insured must clearly understand:

he does not have the right and opportunity to claim compensation if he is the culprit of the accident;
damage is compensated only to the injured party, which is recognized by the traffic police.

If the culprit has a CASCO policy, then, unlike compulsory insurance, he will be entitled to payments for this type of insurance services both for himself and for his car, depending on the contract. In addition, in CASCO, the maximum amount, like the minimum, is any and is not limited to the official OSAGO limit when you get into a traffic accident.

The practice of applying regulations proves that there are complex situations that cannot be resolved quickly and simply by law. In some cases, a citizen can be simultaneously recognized as injured and guilty, then he already has the right to payments as a victim of an accident. Disagreements arising in the course of establishing the perpetrators, the amount of compensation are resolved judicial order with a deadline limitation period, usual for civil cases - 2 or 3 years.

Basic normative act identifies 2 types of victims - people and vehicles. The type of the group of the object determines the form of compensation to the subject who suffered the damage. A lot of people can suffer in an accident and the legislation specifically describes the persons entitled to insurance payments. These can be individuals - the victims themselves in the accident or, in the event of their death, their direct heirs and persons under the will:

the driver not at fault in the accident;
passengers;
pedestrians;
cyclists.

The insurance company pays the costs when the liability of the owner of the OSAGO insurance arises in case of an accident involving his car and property damage of this kind is inflicted: damage to other people's cars, traffic lights, buildings, structures, structures, that is, an object compulsory car insurance- this is the property interest of those affected by the actions of the policy holder.

CMTPL payments in 2018 are made taking into account the following: if the cost of repairs is higher than the cost of the car before the accident, the maximum possible amount is transferred; recovery compensation takes into account the cost of transportation by a tow truck and depreciation of the vehicle. If established by law the limit is enough for repairs, then the culprit of the incident will not have to pay extra.

In case of exceeding the costs, the victim has the right to demand additional payments from the perpetrator judicial order, as well as compensation for non-pecuniary damage required from the perpetrator only in court. If the calculated insurance payment does not suit the person who has suffered, and there are intentions to receive payments to the maximum, it will be necessary to submit a written claim to the insurer. If the copayment is not received within five days after that, you will have to apply statement of claim. It is important to note that the insurance company may refuse to satisfy the application on the grounds of:

there were substances dangerous for people around in the car;
the citizen did not have a driver's license;
The policy does not indicate the cause of the accident.

Maximum payments for OSAGO in case of an accident in 2018

The latest legislative innovations raised the limit for the payment of OSAGO and in 2018 is:

in case of harm to the life and health of the victim - 500,000 rubles for each;
in case of damage to the property of the victim - 400,000 rubles for each.

If the perpetrator of the emergency concluded an insurance contract before October 2018, the losses are calculated at the rates at the time of issuing the policy. The above figures are the maximum and get by compulsory insurance amount more is not possible. Specific amounts are considered by insurers, taking into account the wear and tear of the vehicle, the severity of injuries, the cost of restoration and many other factors: experts carefully study the damage so as not to overpay8

Maximum compensations are defined in Article 7 " Sum insured» Law No. 40-FZ and for property amount to 400 thousand rubles. for each person injured in the incident, that is, this value is not divided into all participants, the right to claim full compensation is given to everyone. The insurer must reimburse the costs at its own expense by carrying out repair and restoration work. If both drivers are at fault, they can count on half the damage.

In the case of drawing up a Europrotocol

The law provides for the execution of documentation about an accident without the participation of employees of the State traffic inspectorate and the independent sending of a notice by the beneficiary to the insurance company. A copy is filled in by the perpetrator together with the victim at the scene of the accident and sent to the insurance company within 5 working days. It is necessary to photograph the place of the accident, damage, estimate the approximate losses and keep the car in a damaged state until it is inspected by a representative of the insurance company.

Maximum for insurance compensation in this case - 50,000 rubles. Conditions for compensation of losses through the so-called "Europrotocol": only two vehicles are involved in the collision; there are no injured (dead), no damage was caused to other property; disagreements about the details of the accident, no damage between the participants. The Europrotocol is drawn up according to the rules:

a ballpoint pen is used;
each participant fills in the appropriate part of the protocol about their information;
signatures of both parties are affixed on the front side;
additions, corrections are signed by the person who has no objections to them.

For harm to health

OSAGO insurance is paid to citizens who were injured in an accident - this is a driver (not guilty of an accident), passengers, pedestrians, cyclists and other persons injured in an accident and, in case of death, their heirs (classified as such family members and citizens by will) . For injured individuals, a wide range of expenses is established that the insurance company must take into account in payments, but if injuries can be cured under the system of mandatory health insurance, the chances of getting additional cash are declining.

Payments are made in proportion to the damage received. Reimbursable expenses are as follows:

first medical care;
diagnostic study;
treatment and stay in a medical institution, including food, medicines, medications and special materials;
prosthetics;
loss of earnings due to disability.

When determining the disability of the victim

Upon receipt of damage to life and health from an accident, the victim undergoes a full examination. The amount of the CMTPL payment is determined by the harm caused on the basis of a medical report:

In the event of the death of the victim

In the event of the death of a participant in an accident, compensation for harm is received by persons endowed by civil law with the right to compensation upon the death of the breadwinner (in their absence, these are the spouse, parents, children and persons who depended on the deceased). The family receives funds for burial no more than 25,000 rubles and compensation for damages of 475,000 rubles.

Many factors affect the final result of the coverage calculation. The following are taken into account for the determination:

wear and tear of the vehicle, taking into account the time of operation, mileage (for monetary compensation) and parts to be replaced;
transport capacity;
damage features;
place and circumstances of the incident;
driving experience;
the duration of the policy;
region of registration of the policy;
condition, type, cost of the vehicle before the accident.

In-kind form of compensation for damages in 2018

In accordance with the latest legislative amendments to OSAGO for insurance policies issued after April 28, 2017, losses in the event of an insured event are compensated for by repairs at the expense of the insurer. The need for such an innovation was approved by the State Duma in order to block the way for fraudulent receipt of funds by imaginary victims: for example, according to the Financial Research Agency, in 2016, the share of payments for auto citizenship to people who were not actually injured in an accident reached half of all amounts paid.

At the same time, today natural form compensation there are many problems, vulnerabilities that cause dissatisfaction with the drivers of this new system:

use of non-original spare parts, parts;
insufficiency of allocated hours for work;
the practice of repairing parts instead of replacing them with new ones;
incomplete elimination of damage;
general unsatisfactory quality of repair and restoration services.

As a result, if the victim doubts the correctly determined cost of spare parts or is dissatisfied with the quality of the repair under OSAGO, he can apply for an independent examination and make a claim to the insurers, and if the latter refuse, go to court to resolve the issue. For the injured party, such difficulties complicate the whole process, already troublesome and unpleasant.

By law, an insurance company must conclude contracts with service stations and implement specific conditions for organizing quality repair services:

service stations (SRT) provided to the victim must be located within 50 km from the accident or the place of residence of the owner of the vehicle;
repairs by such workshops cannot last more than 30 days;
if the proposed choice of service station does not suit the driver, he can agree with the company on the choice of another service station.

The repair procedure begins with the calculation of the cost of repairs for restoration by the insurance company. vehicle:

The insurer evaluates the work, calculates the cost of refurbishment according to the unified methodology of the regulator insurance market(Regulation of the Central Bank of September 19, 2014 N 432-P), where the amount is determined without taking into account the depreciation of the vehicle, as in monetary form payments.
The owner of the damaged vehicle is invited to choose a service station from the proposed list. For warranty cars, work is carried out by dealer centers while maintaining the warranty.
Within a month, the work of the service station should be completed.

You can receive cash compensation under OSAGO in exchange for the repair of a damaged vehicle when:

the car is completely destroyed;
the cost of repair work exceeds the limit of 400 thousand rubles, and the owner does not intend to pay extra to the service station;
the insurance company is not able to organize high-quality repairs within the allotted time;
the owner has difficult financial conditions and the commission of the Russian Union of Motor Insurers approved his request;
there is a written agreement between the insurer and the recipient for the amount determined by the insurance company (usually less).

The procedure for issuing insurance payments for OSAGO in 2018

Obtaining OSAGO insurance at first glance does not seem difficult, but it is important to clearly follow the following steps:

if there are casualties, call an ambulance;
call a representative of the traffic police;
notify the insurance company of the insured event;
collect required documents;
draw up a written application and send it to the insurance company at its location or its representative;
additionally, in addition to writing documents can be submitted electronically.

A citizen applying for accident insurance under OSAGO is required to submit a package of documents:

passport (photocopy) of the perpetrator;
documents for the vehicle (copies);
certificate from the traffic police;
notice of an accident;
protocol (copy) about administrative offense/determinations on refusal to initiate an administrative violation;
transfer details.

Payment terms in 2018

Limited time is given to resolve the issue of payments to the victim and insurance companies. Within 5 calendar days, an application for an insured event must be sent to the insurance company, which has 20 working days to transfer funds to refurbishment or presenting a justified waiver of reimbursement. If the twenty-day deadline is not met, the company will face fines for the delay - it will have to pay the victim a penalty at the rate of 1% of the insurance for each day of delay, but within the entire insurance premium under the contract.

Video

Motor vehicle and civil liability insurance is a rather complicated issue nowadays. Many drivers, after an incident on the road, think about how to get insurance after an accident. Legal grounds to receive payouts are simply magical, but other than government documents There is also a contract signed with the insurance company. Already at the stage of signing this contract, you can understand whether payments will be made without problems. Often, when reading a contract with an insurance company, clients have several tricky questions that are worth discussing and, if possible, amending the contract. But even if you signed a contract that is too tricky and aimed at non-payment of insurance payments, there is a law that you can turn to.

There are different situations on the road, many of them will be amazing and unique, will make you forget that there are payments, insurance companies and responsibility for what you have done. It is at the time of the accident that the driver forgets about everything, and sometimes he is physically unable to deal with insurance issues. Today we will look at how to behave in different situations in order to easily receive insurance compensation or obtain payments to the injured party under OSAGO. We will also discuss what needs to be done to get a faster payment to an injured person in an accident. These are complex moments that require detailed study and memorization of some important facts.

How to get payments for CASCO insurance without problems?

Full CASCO car insurance often provides protection for your car not only from an accident, but also from other unpleasant situations. Someone scratched the car, a branch fell on the car or the wheel fell into the hatch, which damaged the chassis - all these situations are covered by full-fledged CASCO insurance. If, at the stage of signing the contract, you removed certain points from insured events, the policy can be a couple of hundred rubles cheaper. But think about whether it is worth taking full expensive insurance and saving a hundred rubles on situations that are quite real and important for the driver. Therefore, the guarantee of receiving payment comes from a correctly drawn up contract, as well as an understanding of the points of this document by the driver. First, study the contract and find out all the unclear points. On the onset insured event it is worth doing the following procedures:

take several pictures of the car before the cause of the problem is eliminated;
call the insurance company, report the occurrence of an insured event and wait for an expert, if necessary;
within ten days after the occurrence of such an event, come to the office of the insurance company and show the car or its photo;
refuse to resolve the problem on their own, this may cause a number of questions from the insurance agent;
call an independent expert or go to an expensive service station to assess the real damage in the equivalent of money;
receive a conclusion from the insurance company on the basis of which compensation will be made;
wait for the money to be paid, but after receiving the conclusion, you can safely repair the car - you will definitely receive the payment.

CASCO in our country works at about half the capacity. This is an excellent insurance scheme that allows you to completely avoid the cost of restoring any damage. Having bought such insurance, you can forget about problems with the car - the terms of the policy should cover even theft of the car in full, that is, it implies the purchase of a new car after theft. In our country, insurance companies are involved in court cases with guilty parties, pulling funds from other insurance companies that provided OSAGO to drivers guilty of an accident, and also search for conditions under which they will not have to pay for all insured events. This is the whole problem with the insurance system.

OSAGO payments - how to wait for legal compensation?

The payment under the terms of OSAGO is received by the driver who is the injured person in the accident and has nothing to do with the creation dangerous situation on road. That is, you can claim payment from the insurance company responsible for the accident. In our country, the terms of payments are not observed - 30 days from the date of the accident. The laws prescribe penalties for companies, but OSAGO agreements provide for the possibility of extension this period in connection with the investigation of the events of the incident or the assessment of damage. It’s great if the company pays out insurance without problems, but in this case, the payout amount may be too small. In order to receive a payment under OSAGO insurance, you must complete the following steps:

immediately contact the company as soon as the incident occurred (it is better to call immediately from the place of occurrence of the insured event);
provide documents to the company in the form insurance policy, your personal documents, as well as photos and other evidence of the incident;
attach an independent examination to the package of documents, it is better to do it at several stations in order to have a reason to increase the amount of the payment;
provide details for paying for insurance - often companies transfer this payment to a bank account by bank transfer;
wait until the end of the legal period for payment of insurance, if during this period the company has not transferred funds;
if there is no payment within this period, contact the company with a request to explain the delay;
if the application does not receive a proper response, apply to the court at the place of registration of the insurance contract;
To legal action attach copies of all documents that prove your eligibility for compensation.

Thus, you can get paid through the court. The same procedure will follow in the event that the payment under OSAGO does not correspond to the declared and assessed damage. Today, there are many tricks that help companies reduce compensation amounts. This may be “depreciation of parts during operation”, “inability to assess damage”, “violation of the rules for registration or deadlines for submitting documents to the insurance company” and other tricky moments, commissions and service fees that are illegal. If the money received from the insurers is not enough for repairs, feel free to go to court, but do not repair the car at your own expense.

How to increase the amount of insurance payments for auto insurance?

Any form of fraud that our craftsmen come up with will not work in the case of insurance companies. Be sure that your damage will be assessed at the minimum level and money will be paid to restore the car, far from being the best car service. Therefore, from the moment the insured event occurs, it is worth taking a number of actions in order to receive the required amount of money to restore the car. But to exceed the required money for repairs will not work, this is contrary to all laws and has its own unpleasant consequences. Among the legal actions that help make it easier to get fair insurance, we can highlight the following features:

quick contact with the company that sold you the insurance policy - it is better to do this on the day of the incident;
collection of all required documents to receive payment, including all receipts and damage assessment costs;
order independent expertise in a third-party disinterested service - exclude any acquaintances who may inflate the numbers in this document;
maintaining all evidence that the accident is within the scope of your auto insurance policy;
human communication with the manager of the company, who will be the key link in making a decision;
in the event of any problems, identifying the willingness to seek a fair amount of payment in the courts.

Today, insurance companies in Russia are quite spoiled by the ignorance of the laws by the citizens of the country. Therefore, in most cases, they manage to minimize the amount of compensation and do it in completely legal ways. You will have to defend your right to a normal payout, even if you have taken out insurance with the most rated and popular company. However, when you buy an insurance policy is a major determinant of whether you will be able to receive normal payments. Read contracts, follow the laws, find out your rights and obligations as an insured person. We also offer you to watch a useful video about the features of receiving insurance payments:

Summing up

The insurance business in Russia has become even tougher on policy buyers when state level significantly raised the payout thresholds. Now you can get pretty large sums compensation that covers the entire repair of a car or the restoration of the health of a person injured in an accident. You should study all the procedures for registering an accident, including the rather complicated process of drawing up a European protocol without the participation of the traffic police. It is also worth reading the laws related to the activities of insurance companies in order to be prepared to protect your rights guaranteed by the state.

Otherwise, you may find yourself another victim of private insurance companies, which are far from being created to help people injured in accidents. They operate for profit, so payouts often have to be fought for. Take advantage of court precedents and reviews of those who have already overcome insurance companies, and also scrupulously treat the collection of documents and evidence after the occurrence of an insured event.

At the scene of the accident traffic police inspectors determine which of the drivers is to blame and draw up. All certificates and documents that will be needed to provide the insurer are issued later at the traffic police department. For more information on how to properly call the traffic police to the scene of an accident, read.

The first thing the victim should do after that is to contact the insurance company of the driver who caused the accident. This is necessary to register an insured event (the victim tells the details of what happened and answers additional questions). Then you should go to the insurers and write a statement, it is advisable not to delay this visit.

Employees of the company have the right to inspect or examine the damage. In this case, both parties must be present, both the perpetrator and the victim. The driver takes copies of all submitted documents for himself, and each must have a mark of acceptance. The date of acceptance on the last issued document serves as a reference point for making compensation payments.

In cases where the insurance payment does not cover the cost of repairs (this is due to the fact that the calculation of the cost of damage is based on the approximate cost of parts), after carrying out restoration work, all orders and checks are presented to the company responsible for the accident. This way you can recoup the money spent.

Important! If, during the repair work, additional malfunctions are found due to an accident, then another inspection should be carried out in the presence of insurers and participants in the accident.

Actions after an accident to obtain compensation

To receive insurance compensation, you need to follow a certain algorithm of actions. After the occurrence of an insured event, the driver is obliged to notify his insurance company about this. Read more about how insurance is paid in case of an accident, if there is OSAGO and CASCO, read.

Contacting the insurer

As soon as an accident occurs, the owner of the car contacts the company with which the contract was concluded.
While the insurer sends an employee to the scene of the accident, it is advisable to take photos or videos of all the details of the incident.
Filled in required list documents from the driver and traffic police officers (accident notification). All copies are kept by the driver. If there are witnesses, their testimony is also documented.
After the car is given for examination, the insured goes to the office of his company and writes an application for insurance compensation. Attached to this paper is a list additional documents.
If the insurer has accepted the application, then an act on the insured event is drawn up. It is based on expert data, the price of damaged parts and full cost damage.
Such an act serves as the basis for calculating the insurance compensation for OSAGO.
If the driver makes a choice in favor of OSAGO repair, then the insurer makes a cashless payment with the service station that performs repair work. In case of receiving funds, the client indicates the account number when writing the application. If the driver has suffered very badly and does not have the opportunity to do everything personally, he will perform all the necessary actions without the presence of the victim.

It is worth noting! The person responsible for the accident must sign the accident notice. In order to know exactly how much the insurer will transfer to the STOA account, the policyholder has the right to take a copy of the act of the insured event.

A package of documents for an insurance company

The list of documents that may be needed for processing payments is quite extensive:

Passport or identity card of the victim.
Valid driver's license.
TS documents.
Valid diagnostic card.
OSAGO insurance policy.
A copy of the notice of the traffic accident from the traffic inspectorate.
A copy of the decision on an administrative offense.
If the registration was carried out by police officers, then a certificate of an accident is presented. It must be certified by the head of the department of the State traffic inspectorate.
If the driver who was driving at the time of the accident was driving the vehicle by proxy, the power of attorney must be presented. certified by a notary. In the case when the name of the victim is not included in the insurance policy, you can not hope to receive payments.

Additionally, the following documents are required if the property of the victim was damaged:

ownership documents;
expert examination information on the damage;
check for expert services:
other evidence confirming damage to property.

In case of damage to health, compensation is also provided. according to Art. 7 No. 40-FZ of April 25, 2002. This fact needs documentary confirmation.

Article 7 of the Federal Law No. 40. Sum insured

Sum insured, within which the insurer upon the occurrence of each insured event (regardless of their number during the term of the contract compulsory insurance) undertakes to compensate the injured for the harm caused, is:

in terms of compensation for harm caused to the life or health of each victim, 500 thousand rubles;
in terms of compensation for damage caused to the property of each victim, 400 thousand rubles;

If the accident led to the death of a person, then the list of documents may include:

a statement indicating the family members of the deceased;
death certificate;
if there are children, then their birth certificates;
references from various educational institutions about the fact that the children of the deceased are studying there;
providing certificates if someone from the family of the deceased is disabled;
a medical opinion if someone from the family needs specialized care;
a document describing the costs of the burial.

Conducting an examination

If, according to preliminary estimates, the cost of damage exceeds 120,000 rubles, it is necessary to conduct an independent examination. The amount of funds spent on the services of a third-party specialist is usually included in the total payment according to OSAGO.

An independent examination is considered more appropriate, because experts from the insurance organization usually underestimate the cost of restoration work. Having received a report from specialists, the difference between the assessment of losses and insurance payments can be reimbursed from the personal funds of the person responsible for the accident.

At the first stage, it is necessary to organize the simultaneous arrival of insurers and an expert commission. The notification should be sent to the insurance company a few days before the procedure. If the insurer does not appear at the appointed time, the commission itself conducts an inspection and makes a decision.

Drivers always try to prepare the vehicle for inspection. Because the presence of rust on the affected parts means a reduction in the amount of payment(painting is not paid), car owners do their best to hide old damage and minor scratches. Someone is trying to paint over or cover up rust, and someone is trying to take a photo from the best side.

After the inspection and preparation of the report, all received papers (expert's report, check for payment for services, statement that the receipt is attached to the payment under OSAGO) are included in insurance organization. Copies of all documents are kept by the client in case of litigation. Since you need to declare the occurrence of an insured event in your insurance company as soon as possible, it is better to independently perform an independent examination, collect the entire list of documents, and then contact the insurer to apply for compensation.

How long is the refund due?

The valid period for insurance organizations to make compensation payments under OSAGO is 20 days from the date of writing the application and submission of documents by the insured. According to part 21 of article 12 No. 40-FZ of April 25, 2002, the legislation provides for serious sanctions if the payer delays with compensation. These activities are the result a large number lawsuits from vehicle owners due to non-payment.

These 20 days do not include weekends and holidays. If a rejection letter or cash is not received by the end of the deadline, a daily penalty will begin to accrue. The late refund penalty is 1% of total amount , and for delay with the decision to refuse - 0.5%.

The amount of payments under OSAGO

The amount of payments for insured events is limited. Cash reimbursement paid by companies may not be enough to cover total cost losses. For 2018 set maximum amounts according to OSAGO:

When compensating for damage to property, each of the victims can claim up to 400,000 rubles.
When compensating for harm caused to human life and health, the victims are entitled to receive compensation in the amount of up to 500,000 rubles. Each person injured in an accident can receive the maximum amount.
When paid in the event of the death of a participant in an accident, compensation to the family of the deceased reaches 475,000 rubles.
If the burial is organized not by relatives, but by strangers, then the insurance payment does not exceed 25,000 rubles.

How to get money when applying for the Europrotocol?

- This is a standard form for processing insurance payments without the help of representatives of the law. Participants in the accident fill it out on their own immediately after the accident. and then provided to the insurance company. A correctly completed Europrotocol is the basis for receiving compensation under an auto insurance policy. In order to do this, the presence of mandatory factors is necessary:

The policies of all participants in the accident must be valid.
The culprit and the victim found a compromise on all points (guilt, cost of damage, circumstances).
No injured people.
Both drivers are not under the influence of drugs, alcohol, drugs.

If at least one of the points is not observed, the registration takes place according to the usual scheme. The amount paid under the Europrotocol does not exceed 100,000 rubles. Using this service significantly saves time and money for drivers, in addition, the registration process itself is very simple. The main thing is to have time to provide the completed document to the insurance company of the culprit before the expiration of three days from the moment of the incident.

Important! Cars cannot be repaired until the insurers conduct an inspection.

If there are no errors in filling out the Europrotocol, no additional documents will be required for compensation. Standard forms are included in the auto insurance policy. If necessary additional sample issued by the insurer free of charge.

Despite the existence of a clear procedure for receiving payments, there are many nuances that are clarified only in the course of the case.

Even experts from insurance organizations provide conflicting information. Participants in an accident need to remember that can't start restoration work within 15 days after the incident. This time is allotted for visits by insurers for inspection.

After signing the notice, it is forbidden to make corrections there. If a referral for repairs is received, then the owner of the car does not have the right to change the service station at his discretion. While waiting for the receipt of money, it is not necessary to start repair work, if there is a delay, a second inspection of the vehicle may be necessary.

And finally, do not forget that the statute of limitations in such cases is three years. All documents received in the process of processing the payment are stored until the expiration of this time.

How to get insurance after an accident — main question if the motorist finds himself in such an unpleasant situation. In order to receive an insurance payment, you must complete all the actions provided for by the traffic rules and OSAGO rules.

How to get OSAGO insurance: first steps after an accident

So, there was an accident. How to get insurance after an accident and what to do first?

If there are no victims in an accident, drivers can independently draw up an accident scheme, arrive at the nearest traffic police station and file an accident. Remember: all documents that you will receive at the police must be presented to the insurance company in copies and originals.

The rules of the road stipulate that if, as a result of an accident, damage was caused only to the property of citizens and their liability is insured, then they can do without police representatives and fill out an accident notice on their own. The main thing we pay attention to is that there should be no victims in an accident, the circumstances of an accident should not cause controversy among vehicle drivers, and the damage itself should not exceed 50,000 rubles. It is this amount that is provided for by the OSAGO law, and payments cannot exceed it if you file an accident without police officers.

In addition, each participant in an accident is obliged to provide other participants with information about the insurance company in which his civil liability is insured, the insurance policy number, phone number and other contact details of the insurer. And of course, drivers should notify their insurance companies about the accident.

Registration of OSAGO documents in case of an accident for the payment of insurance by an insurance company

If the parties have not agreed on the circumstances of the accident and do not want to draw up documents without the presence of the police, and the damage caused to property as a result of the accident is more than 50,000 rubles, then it is necessary to call the police and wait for them.

When making documents OSAGO for insurance after an accident There are two possible scenarios for the development of events:

If the accident causes harm to the health of citizens(with the exception of grievous harm), then the following actions are performed by the police officers:

a report on the inspection of the accident site is drawn up and a diagram of the accident is drawn up;
a ruling is issued to initiate administrative proceedings against the perpetrator;
road accident participants write explanations;
all participants in an accident, including injured persons, are issued certificates of an accident (see: Certificate of accident in form 154: terms of issue, sample filling, form ) .

If no harm was caused to the health of citizens:

an accident plan is drawn up;
accident participants write explanations;
All drivers are issued with an accident certificate.

If it turns out that the parties are not subject to administrative liability as a result of an accident, then a ruling is issued to refuse to initiate administrative proceedings. If there is administrative responsibility, then a decision or ruling on bringing to responsibility is issued. If it is not possible to determine the circumstances of the accident and the composition of the administrative offense on the spot, a ruling is issued to initiate a case on an administrative offense and conduct an appropriate investigation.

In the event that a traffic police officer cannot draw up a certificate of an accident and hand it over to drivers for some reason (for example, due to unforeseen circumstances), he must do this at the nearest traffic police post or at the police station within 24 hours after the accident.

Carefully read all the documents that are given to you for signature! You have the right to disagree with the circumstances that the police officer has set out in the documents. Indeed, when paying out insurance, every (even seemingly insignificant) detail will play a role.

Pay attention, for example:

on the condition of the road surface at the scene of the accident;
weather;
condition of road equipment (in some cases it is important to note its presence / absence);
brake marks, etc.

And finally, the last document that drivers involved in an accident must fill out is an accident notice.

Insurance and payments in case of an accident - how are they paid and what is needed for this?

Now let's figure it out How is car accident insurance paid?.

First, the victim and the perpetrator are required to notify their insurance companies about what happened immediately after the accident. Then, no later than 5 (if the accident is registered without police representatives) or 15 (in other cases) days, you must arrive at the insurer with a notice of the accident. If it is not possible to bring the document in person, then you can, for example, send it by fax or send it by mail.

The victim in an accident must send an application for payment to the insurance company. If the property of the victim has been damaged, then he must provide this property to the insurer for inspection and examination in order to establish the amount of damage caused.

The insurer must conduct an inspection / examination within 5 days after the application is written by the injured. If during the examination it is necessary to study the vehicle that suffered damage, then it is necessary to contact the second participant in the accident.

Documents that must be submitted to the insurance company to receive payments:

Notice of an accident (see: How to fill out an accident notice: sample filling, diagram, download the form?).
Certificate of accident (if the documents were drawn up with the participation of a police officer).
A copy of the protocol on an administrative offense.

If the property of the victim was damaged, additionally submitted:

documents that confirm the ownership of the property;
the conclusion of an independent examination on the harm caused;
receipts for payment for expert services;
other documents that can confirm damage to property.

In addition, the insurance company is obliged to compensate for the damage if the victim proves that his health was harmed. The main rule is documentary evidence of each requirement.

For example, consider a situation where a person who is the only breadwinner in the family died as a result of an accident. In this case, the insurance company must submit:

a statement listing all family members of the deceased;
death certificate;
certificates from schools and other educational institutions that the children of the deceased study there;
certificates stating that a family member of the deceased is disabled;
conclusion from medical organization or social body that a family member needs care;
certificate of expenses for the burial of the deceased;
birth certificates of children (if any).

Results

So, let us briefly recall what to do and where to go after an accident:

Call an ambulance (if the health of any of the participants in the incident was harmed).
Call the police.
Notify the insurance company.