According to statistics, more than a thousand traffic accidents occur every day on the streets of large cities. Every road accident is fraught with difficulties in resolving the dispute that arises regarding the amount and procedure for compensation for damage to property, as well as the health of the victim in the accident.
Despite the requirements of Russian legislation on compulsory motor third party liability insurance for vehicle owners and risk insurance for car owners under CASCO agreements, the number of disputes related to compensation for damage and collection of due insurance compensation from the insurance company is steadily growing.
In this regard, legal assistance to motorists faced with a similar problem is necessary; without it, the interests of the parties can be significantly prejudiced. This material was prepared by employees of the Moscow Legal Bureau, based on practical material and will help you correctly navigate when resolving this type of case.
Road traffic accident
After an accident occurs, participants must fulfill the requirements stipulated by the Traffic Rules, which may include: completely stopping the vehicle, providing first aid to victims, installing appropriate signs indicating the location of the accident. Regardless of the alleged guilt of one or another participant in the accident, the traffic police department should be immediately notified of the fact of the accident. The Federal Law “On Compulsory Civil Liability Insurance of Vehicle Owners” (OSAGO) provides for the possibility of receiving an insurance payment in the event of undeniable guilt of one party, the absence of other victims, and the estimated damage not exceeding 25,000 rubles.
An experienced car accident lawyer can provide a comprehensive assessment, while persons who do not have special skills in assessing the extent of damage to a car, as well as those who are not able to immediately orient themselves at the scene of an accident and determine the culprit of the accident, should be guided by the general rule and wait for the police to arrive.
In simple cases, when one party confirms guilt, police officers draw up a report on an administrative offense on the spot, as well as a resolution on the case of an administrative offense in relation to one of the participants in the accident.
In difficult cases, when the guilt of a person is not obvious, a date and place are set for the so-called. "debriefing groups". It is advisable for any party to seek professional legal assistance. The services provided by road accident lawyers in such cases are significantly less expensive than the costs that may be incurred by road accident participants who do not know the intricacies and nuances of interaction with insurance companies.
When registering an accident, the parties must indicate the significant, in their opinion, circumstances of witnesses to the accident in their explanations filled out on the spot, make appropriate notes on the accident diagram, as well as the protocol. With the technical capabilities available today, it would be useful to take detailed photographs of the location of cars, brake marks, and vehicle wrecks.
Later, during an administrative investigation (in the “analysis group”), these photographs, as well as data stored in the memory of the video recorder, and witness statements will be added to the investigation materials and can help prove their position in the case.
A car accident lawyer specializing in such cases will help you correctly formulate your version of the incident, present the necessary and sufficient evidence, and will also be able to submit reasoned requests for the appointment of technical examinations.
Why do you need a road accident certificate?
The need for the execution of this document by employees of the traffic police department is established by law, but cases of its use in the future may be different. The main ones include:
A certificate from the traffic police for the insurance company about the accident that occurred is the basis for payment of compensation for damage that was caused to the insured property. The procedure after an accident under compulsory motor liability insurance, for example, involves refusing to provide the applicant with the funds necessary to repair the car if they were not provided with this certificate or the data in it was incorrect.
Form 154-1 is required to be presented to the court as evidence of the illegality of the actions of the second party, which can be insurance companies (in the event of an unlawful refusal to pay), representatives of utility services and city authorities (the perpetrators of the incident), and the like.
Such a document must be presented to the personnel department at the enterprise if the transport was used to perform official work. If this requirement is not met, funds for car repairs may be deducted from the employee’s salary.
Cases where traffic police officers enter incorrect/incomplete data about an incident can subsequently create problems for the victim. For this reason, it is worth finding out in advance how to properly issue a certificate of an accident.
Actions of the victim
A person whose car has suffered property damage and who, after an administrative investigation, has been recognized as injured in an accident, receives the right to payment of insurance compensation under compulsory motor liability insurance.
In accordance with the Federal Law “On Compulsory Motor Liability Insurance” and the Rules for Compulsory Civil Liability Insurance of Vehicle Owners, documents for insurance compensation for damage in case of an accident are submitted to the insurance company, either the culprit of the accident or your own.
The victim is required to submit the following documents substantiating his demands for payment (a complete possible list is given below):
- a copy of the protocol on the administrative offense case;
- passport or identity card;
- a copy of the resolution in the case of an administrative offense;
- certificate of road accident form No. 31 filled out by a traffic police officer. (possibly at the request of the insurance organization);
- expert report, if the inspection and assessment of the damaged vehicle was carried out independently;
- account details for transferring “loss”;
- telegrams notifying about a call for examination;
- a document confirming payment for the services of experts, mail, tow truck, parking;
- claim for damages to the insurance company;
- vehicle registration certificate or technical vehicle passport;
- General power of attorney if the vehicle is not owned.
After submitting all the documents required by law, the insurance organization is obliged to transfer the due monetary payment to the victim within 30 days.
If the insurance company does not pay on time under MTPL or comprehensive insurance contracts, liability is provided in the form of a penalty.
TANK-SPB-RU › Blog › Certificate from the cops for Casco insurance.
Certificate from the cops for insurance under Casco.
So, while you were away, someone bad dented your car, scratched it, etc. Your car is insured under Casco. What is the procedure?
1. Carefully read the Casco agreement, if you have not read it yet (it would be good to do this in advance, even before signing it), to find out whether you have, for example, 2 elements without certificates from the traffic police/police or what percentage then from the insured amount without certificates. If yes, then contact the insurance company directly, the insurance company will tell you everything by phone, if not, then continue with step 2 2. Call 02, without touching the car, or saying that you did not touch it. There they will try to find out from you whether it is an accident or damage from third parties, falling trees, etc. If there is an accident, then they send the cops to you, if not, then the cops. 3. Call the insurance company, report the occurrence of an insured event; if, according to the terms of Casco, a call to the commissioner is necessary, then they will send one. 4. With the guys, everything is processed as an ordinary road accident (they will, of course, want money for a quick solution, you can pay, but in the worst case, they won’t be able to wait more than 2 months to issue you certificates. Don’t forget to put up a warning triangle even if it’s happens in the yard, otherwise the guys will be able to give you a 1tr fine!) 5. If with the cops, then most likely they themselves will be too lazy to come, and they will ask you to come to the nearest police station. There they will inspect the car and draw up a report. In the report, we estimated the circumstances of the incident and the amount at which you estimate the damage to be 30 rubles, the cop was not happy, but was forced to write down the amount we declared, I don’t know for what reason they want to write as little as possible. Also in the protocol, the cops will indicate some witnesses, don’t pay attention, they are standard there. 6. Next, the applicant will either immediately tell you who your case will be transferred to, or they will ask you to call in the coming days to find out. And they will issue a notification coupon (a small receipt) for the insurance company, according to which the insurance company will give you Form 3 for the cops to fill out. 7. You go to the insurance company for an assessment, they record the case, inspect and photograph the car, their further actions will only take place after receiving a F3 certificate and a resolution from the cops. You hand them a notification coupon, and they give you this form 3. 8. Find out how the cop to whom your case was transferred works. Come to him during reception hours, bring Form 3. Then the cops must review your case at some point, issue a copy of the protocol and the completed form. Call them periodically to find out when everything will be ready. Again, you can “stimulate” speed, the cops are not as greedy as the gays, 1tr is enough for them, but from experience it’s not a fact that this will speed things up much. 9. Finally they have issued! Carefully read the copy of the protocol (resolution)! They gave me the name of the insurance company incorrectly and I had to rewrite it twice. The form should say something like (resolution to refuse to initiate criminal proceedings):
“During the consideration of the inspection material, it was not possible to identify the third party who committed damage to the property of citizen so-and-so. Taking into account that there is sufficient data indicating the absence of a crime under Art. 167 part 1 of the Criminal Code of the Russian Federation, guided by Art. 14 Part 2 of the Criminal Code of the Russian Federation, Art. 24 Part 1 Clause 2, Art. 144,145 and 148 of the Code of Criminal Procedure of the Russian Federation, DECIDED: 1. To refuse to initiate a criminal case at the request of a citizen... on the grounds of a crime under Art. 167 part 1 of the Criminal Code of the Russian Federation, on the basis of Art. 24 part 1 clause 2 of the Code of Criminal Procedure of the Russian Federation, for lack of corpus delicti. 2. Send a copy of this resolution...”
In general, the point is that IN NO EVENT should it be written there that you refuse to initiate a case, it should be written that either the cops themselves do not initiate a case (like mine), or that the case was opened but closed for the same reasons. 10. Take a copy of the protocol and completed Form 3 to the insurance company, if everything is ok, then the insurance company accepts them, thinks for 10 days and issues a referral for repairs or money, depending on what you wanted or what is stated in your Casco agreement. PS Form 3 is not required by all insurance companies; for some, a resolution is sufficient. Good luck!
About “in no case”: The fact that the Victim refused (gee! how can he even refuse?) to initiate a case is not a problem. Those. may be a problem, but only of a procedural nature. If the insurance company refuses because of this phrase, it will most likely backtrack as soon as a competent claim is submitted to them. And it’s funny to talk about the judicial perspective - it’s 100% certain.
But what really shouldn’t be in the certificate is wording like “the damage occurred under unclear circumstances.” This is already an ass. Let me explain the essence of the ass: An insured event is a specific event. Specifically, an accident, specifically a fire, specifically, illegal actions of third parties, etc. But not the abstract “I came, I saw, I declared.” Those. The contract defines the events upon the occurrence of which the insurer must make a payment. No event - no payout. Came and saw - this is not an event, it is the result of something unknown. For unknown information, the insurance company is not required to pay. And they don't pay.
Source
Expertise and compensation
In accordance with the law, insurance organizations, when inspecting and assessing a damaged vehicle, resort to the services of independent automotive technical expertise, with which relevant contracts have been concluded on an ongoing basis. However, it is a well-known fact that such “partnerships” often lead to a reduction in the real cost of restoration repairs, as a result of which victims have justified claims regarding the amount of monetary payment.
This fact can be confirmed by every practicing lawyer (lawyer) in traffic accidents.
Moscow is no exception - capital insurance companies, like others, strive in every possible way to reduce payments.
If the insurance company has already assessed the car, the victim has the opportunity to challenge the conclusions of the examination and claim greater compensation. However, insurance organizations reject the claims made, even if they provide a new independent examination conducted by the victim independently. Such cases have an exclusively judicial perspective, and in most cases the court appoints a third independent judicial auto-technical examination to make final conclusions about the amount of compensation to be paid.
In other cases, with high-quality legal support, when an experienced motor vehicle lawyer for comprehensive insurance and motor insurance is involved, in strict accordance with the law (notification by telegram to the insurance company responsible for the accident, within the deadlines) victims of the accident conduct and organize their own independent examinations and then submit them to insurance organization. However, even in this case, it is not excluded that the insurance company will disagree with the amount of payment, which leads to an unexplained payment of a smaller amount. Such cases are also subject to resolution in court.
Terms of provision and validity period
The road accident certificate has certain issuance deadlines established by the current legislation of the Russian Federation. Depending on the situation, they can vary from several hours to a week, namely:
In cases where there are no injured/dead persons and no mutual claims between the parties to the accident, an employee of the traffic police department draws up and issues a certificate of form 154-1 on the spot within a few hours.
If there are victims, their subsequent hospitalization or other consequences of an accident that require urgent action from a representative of the law, a corresponding certificate is issued at the traffic police department within 24 hours.
In some cases, atypical for legal practice, the period for issuing a certificate can range from 2 to 7 days.
The validity period of the certificate is not limited, but at the request of the insurance company or other institutions it can be reissued.
Recovery of damages from the culprit of an accident
The Federal Law “On Compulsory Motor Liability Insurance” establishes a maximum limit on payments to victims of road accidents: in terms of compensation for damage caused to the life or health of each victim, the insurance company does not pay more than 160 thousand rubles for compulsory motor liability insurance; in terms of compensation for damage caused to the property of several victims, no more than 160 thousand rubles; in terms of compensation for damage caused to the property of one victim, no more than 120 thousand rubles.
Thus, it should be recognized that the interests of victims in most cases are infringed, because the amount of insurance compensation in the absence of “extended” MTPL contracts for the culprit of the accident, as well as CASCO for the victim, is not enough to cover the damage caused by the accident. If the amount of compensation for damages established by an independent examination exceeds what is permitted by law - as a general rule, 120,000 rubles. – the difference is subject to recovery from the culprit of the accident.
Recovery of damage caused by a traffic accident in most cases does not have a pre-trial prospect of resolving the dispute and ends in court. At the same time, the culprit of the accident has the right and opportunity, in accordance with the requirements of the law, to challenge monetary compensation, even though he has not previously made any claims regarding the quality of the examination performed.
What to do if your application is refused?
ATS employees are not required to issue a certificate in Form 3 if the damage to the car was not caused by accidental or illegal actions of third parties. Damage to the vehicle resulting from other events is not within the jurisdiction of the police. If police officers refuse to issue a document regarding vehicle damage caused by third parties, then in this case you can file a complaint against the action (or rather, inaction) of police officers to higher authorities. But in order to file a complaint, you must receive a written refusal from police officers to issue a document. If there is none, then it will be much more difficult to appeal the action (inaction) of the police. You can make a complaint:
The application (complaint) must contain a brief description of the current situation, information about the parties to the conflict (the applicant and the police officer who refused to issue the certificate), and a requirement to issue the required document. The application-complaint must be submitted in writing, accompanied by copies of available documents. This can be done in person or by sending it by Russian Post. After consideration of the complaint, an official notification of the result of resolving the controversial situation will be sent to the applicant’s contact address.
Legal assistance in case of an accident
This article presents typical situations, as well as the most common difficulties. For review, we offer several statements of claim prepared by employees of the Moscow Legal legal bureau, for which positive decisions were received.
It is important to remember that with timely contact with lawyers specializing in road accident cases, a person whose property has been damaged is able to obtain the maximum possible compensation, even when the insurance company does not pay a reasonable amount of money, or when it is necessary to recover damages from the culprit of the accident.
In addition, expenses incurred by the party for the services of a lawyer (lawyer) rendered in connection with an accident are also subject to reimbursement. Moscow is as convenient as possible for the clients of the office - on an ongoing basis we cooperate with leading independent expert organizations that have positive experience in the field of appraisal and forensic examinations.
