Payments for compulsory motor TPL insurance. The amount and terms of payments

Quickly receive a payment as a result of an accident - a burning desire of the car owner. But not all insurers compensate for the damage. Sometimes you have to go to court. More detailed information about what can be payments for CTP in case of an accident, read on.

Concepts

The MTPL insurance policy insures damage caused by the driver of the vehicle to the life, health or property of other persons. That is for the inconvenience, in theory, the insurance company (SC) must pay. In the case of "mutual assistance", when both drivers are guilty, the amount of the MTPL payout for an accident depends on who is more to blame for the accident and who has suffered less losses. Most often these issues are resolved through the court.

Legislation

Since September 1, 2014, the maximum payment for compulsory motor TPL insurance in case of an accident, issued by the europrotocol (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 UK. The decision is made 20 working days from the moment the application is received. Another five have the client to re-appeal, if he is dissatisfied with the previous result.

Since 01/01/2014, the Bank of Russia has allowed owners of vehicles to execute an accident on the euro-protocol, even if a person has CASCO or DSAGO. In this case, the UK does not have the right to require additional documents from customers. The term of payment can not exceed that established by the contract. For violation of this rule, the company will have to pay a penalty at a rate of 1% of the amount.

From October 1, 2014, the maximum payment for compulsory motor TPL insurance in case of an accident for damage to the car increases to 400 thousand rubles. The maximum wear is reduced to 50%. But to receive such compensation, the client will need to additionally provide a photo or video, which is carried out with the help of technical means, devices with GLONASS or other navigation systems.

Refusal to pay

The legislation does not provide for compensation if:

• At the wheel was a person not listed in the policy.
• The damage was caused by a dangerous load.
• Compensation for non-pecuniary damage is not provided for by the policy of car insurance.
• Damage resulting from the implementation of sports or training activities, if the perpetrator was on a specially equipped site.
• The amount of payment exceeds the established limit.

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

• If the harm was caused by an uninsured person.
• If the driver was without rights.
• During the time when the accident occurred, the insurance contract did not work.
• If the culprit escaped from the scene of the accident.
• The driver was in a state of alcoholic, toxic or narcotic intoxication.

Damage exceeds the limit of liability

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

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

2. Sometimes it's worth going to an amicable settlement. For example, if the amount of damage exceeds 400 thousand rubles, the culprit acknowledges his error, is ready to compensate for the damage, but not immediately, but in parts. Applying to the court will only increase the costs of the plaintiff, but it will not bring any other result.

3. If the victim is one and the perpetrators are two, then the victim can be calculated for a double amount of compensation, since the legislative restrictions are evenly distributed to each policy.

Voluntary insurance

If the amount of the MTPL payment 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 an ordinary auto citizen. Coverage can reach up to 1 million rubles.

Payments on MTPL to the culprit of the accident

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

But if the company decides to compete for its money (and this happens in 90% of cases), the issue will be resolved through the court. If the investigation reveals two elements of the offense, the driver will receive payment only as a victim. For the accident, in which he himself is guilty, there will be no compensation. But if the court will consider the case as one accident, the money will be paid according to the standard scheme of OSAGO.

Compensation of the amount already paid is another controversial issue. In practice, there are often situations where the culprit paid the damage to the victim himself, and then collected the documents (an accident scheme, a certificate from the State Traffic Safety Inspectorate, the results of the examination with an assessment of the damage) and applied to the UK. The law does not provide for the compensation already paid. Therefore, in such cases, failure always follows. Voluntary compensation for damage is a personal initiative of the culprit.

There was an accident: what to do?

To begin with, try to calm down, turn on the "emergency", muffle the engine and get out of the car. If there are victims, call an ambulance, call the traffic police and insurance. Try to find witnesses of the accident, take their contact details and testimonies from them.

Do not move the car before the traffic police officer arrives. Take a picture of the crash site on the phone from at least four different angles (several images each). Try to get the road markings and signs.

While waiting, issue a certificate of the accident and a statement about the occurrence of an insured accident for OSAGO. Terms of treatment after an accident are governed by the contract. The same as the form of filing a notice (in writing, by phone, by fax, etc.).

Upon arrival of the traffic police, actively participate in all explanations. Describe in detail how an accident occurred. Make sure that the scene map has been correctly drawn up. If the culprit is you, then try to provide some mitigating circumstances: a bad road condition, an idle traffic light, no marking, limited visibility. And be sure to indicate that the accident was not deliberate. Do not refuse medical examination for the purpose of determining alcohol intoxication.

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

Documents for the insurance company

• A statement of an accident;
• Certificate from the State Traffic Safety Inspectorate;
• Insurance contract;
• Certificate of registration of the car;
• driver's license;
• The passport of the insured;
• Certificate of assignment of TIN;
• Power of attorney, if the driver was not the owner of the car.

What kind of payment for OSAGO will be carried out will be determined by examination. Therefore, before receiving compensation from the UK, it is not recommended to repair the vehicle at its own expense. Under the law, the company has 20 days to make a decision. In addition to cash compensation, it is also possible to pay for the repair of a car. When receiving a referral for repair, the client confirms a possible increase in the deadlines for the fulfillment of obligations by the company.

If the insured does not agree with the 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 (preferably, it is attended by the culprit of the accident), receive a conclusion and submit it to the company together with a new application. If, in this case, the UK refuses to compensate for the repair of the vehicle, it is necessary to apply to the court.

Conclusion

All car owners must necessarily have a policy of civil liability insurance, which compensates for material or physical damage caused by the driver to a third party. Since September 2014, legislative amendments have come into force, under which payments for compulsory motor third party liability insurance were increased up 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 the notification: in writing, by phone, by the fact, etc. The decision of the UK is 20 days. All questions and disagreements are resolved first independently, and then through the court.