The likelihood of receiving a positive decision directly depends on how quickly documents are collected and submitted to the insurance company after an accident. Therefore, every driver needs to know what documents are needed for insurance in case of an accident under compulsory motor liability insurance.
Although there is no specific deadline for submitting documents to the insurer after an accident, significant delays may reasonably raise suspicions among the insurance company. This is due to the constantly growing scams in the field of receiving insurance payments. Naturally, the mere fact of a delay cannot serve as a basis for rejecting a claim, but potential litigation is unlikely to interest any drivers.
The law establishes the obligation for the insurance company to provide compensation and compensate for the damage caused. However, despite this, the insurance company may cite a huge number of reasons to refuse to pay.
The procedure for providing compulsory motor insurance
Every driver is required to have an MTPL insurance policy. Registration takes place annually, and for violating the rules and not having a policy, or for overdue insurance, the driver faces a minor fine of 800 rubles. Having a policy means that the insurance company undertakes to compensate for damage caused by the driver on the road. However, the law sets specific restrictions. So, in excess of the maximum amount, as well as for certain obligations, liability arises for the driver personally.
On the market you can find a huge number of organizations providing insurance services. Among them there are both large and well-known, for example, Reso-garantiya or Renaissance, as well as completely new and small ones. Insurers may vary the cost of services, as well as other conditions.
ATTENTION !!! The most important thing to pay attention to when choosing is the availability of a valid license to operate.
Compensation is provided in various ways: repair of property, or payment of funds for independent disposal. In 2021, insurance companies prioritize the first option, since it reduces the number of fraudsters and is more profitable for them. For ordinary drivers, repairs at the expense of the insurance company are rarely convenient due to certain reasons.
The MTPL insurance policy only covers the following types of damage:
- property damage, which is caused directly to the car or other objects;
- harm to health caused to any persons injured in an accident.
The amount of payment should not exceed 400 thousand rubles for property damage and 500 thousand rubles for damage caused to the life and health of people. These amounts are the maximum permissible, beyond which all payments fall on the culprit of the accident. Despite this rule, there are certain exceptions when you do not have to pay.
As a general rule, the insurance company is directly involved in calculating and determining the amount of damage caused. For this purpose, examinations may be appointed, harm assessments and any other actions may be carried out. These conclusions must be in writing and only on their basis a final decision is made. The interested party can also provide their documents determining the amount of harm caused. Based on all the materials, a final decision is made on the possibility of compensation, as well as its amount. If the interested party disagrees, the decision can be appealed both to the insurance company itself and through court proceedings.
IMPORTANT !!! The insurance amount is paid by the company responsible for the accident. They are the ones who bear the main losses. Therefore, if victims and other interested parties do not have an insurance policy, it does not deprive them of the right to expect to receive compensation in full.
If the culprit does not have an insurance policy, compensation for the damage can be made in accordance with the general procedure provided for by civil law. The victim must make a claim for voluntary compensation and then file a claim in court. This method is much more difficult, since in most cases you will have to act independently.
Which insurance company should I contact in case of an insured event?
The Federal Law “On Compulsory Motor Liability Insurance” clearly regulates in which cases you need to contact your insurance company with documents about an accident (this is called “direct compensation for losses”), and in which cases - to the insurance company of the culprit.
So, you need to contact your insurance company in cases where:
- the person at fault for the accident has a valid MTPL policy,
- harm is caused only to property (and not to the health or life of people, including pedestrians and car passengers).
Until September 2021, there was also a condition that there should be no more than two participants in the accident. If your accident happened earlier, but you delayed your complaint, then this condition still applies to you.
But in both cases (both when contacting your company and the insurance company at fault), the set of documents for applying is the same.
Possibility of receiving insurance payments
Having an issued policy does not mean that you can receive payment for any damage. The law establishes the grounds under which a driver can expect to receive compensation. There are quite a few criteria, but the key and mandatory one is the presence of an accident, since liability is insured only on the road. Large insurance companies such as Rosgosstrakh and Ingosstrakh can establish other additional types of compensation, which is directly beneficial for clients.
IMPORTANT !!! To confirm the fact of the accident, it is necessary to properly document the accident. Depending on the circumstances of the incident, you can do this yourself, or by calling traffic police inspectors. In this case, the size of the harm caused, the presence of victims and other criteria do not matter; only registration is required in the prescribed manner.
If the parties agreed independently and did not draw up any documents, it is unlikely that it will be possible to obtain compensation from the insurance company. In this case, you will have to provide substantial evidence of the fact that the accident occurred.
Deadlines for receiving payment
Compensation must be paid within 20 days from the date of submission of documents. The report begins:
- from the date of stamping, if the application is sent by mail;
- from the date of acceptance of the application, if submitted in person.
The payment terms are distributed as follows:
- 5 working days – to inspect the car and assess the damage;
- 5 working days – for additional examination, if required;
- 10 days for paperwork.
If the deadlines are violated, the client can go to court and collect a fine from the company (0.1% for each day of delay). If the policyholder is not satisfied with the amount at which the insurance company assessed the damage he received, then it is also possible to resolve the problem through the court.
How is damage compensated by an insurance company?
Recently, the main way to provide compensation has been to send the car for repairs at the expense of the insurance company. This feature is not perceived very positively by the drivers themselves. Firstly, there is no opportunity to choose the service yourself, and secondly, repairs carried out by the insurer are much more expensive. For example, due to the inadmissibility of installing used parts, you will not be able to save money on repairs. This method is beneficial for the insurer, but not for the driver, so the latter try to get a cash payment.
The law provides for the possibility of receiving monetary compensation in the following cases:
- Based on the conclusions and examinations, car repair is not profitable due to serious damage;
- it is impossible to carry out repairs with the established funds, and the driver refuses to provide additional funds;
- if the insurance company is unable to repair the vehicle for any reason:
- in case of violation of the repair procedure. For example, when its implementation is impossible within the 30 days established by law;
- upon reaching agreement between the insurer and the driver. For example, when the driver has a difficult financial situation and the company agreed to a meeting;
- in a fatal accident. In this case, the heirs and relatives of the deceased receive the right to claim compensation.
Therefore, there are several options for obtaining compensation from the insurance company. However, to do this, it is necessary to register an accident, collect documents and submit them to the insurer.
and notifications and applications for payment for an insured event
As already written above, the notification form for an accident is in the established form, and the application form for compensation for damage in the form of repairs or payment of money is written in free form.
- (DOCX format),
- (PDF format for filling out by hand),
- (DOCX format, two pages need to be printed on one sheet on both sides),
- (PDF format, two pages must be printed on one sheet on both sides).
- from the official website of the Russian Union of Auto Insurers.
Correct registration of an accident
As mentioned earlier, a mandatory requirement for receiving insurance payment is to document the fact that an accident has occurred. After this procedure, you can contact the insurance company with the completed document. It is on this basis that the payment will be made. Today, there are several ways to file an accident.
Calling a traffic police officer is not an absolute obligation. You don’t always have to wait long hours and waste time on registration.
Registration without a traffic police officer is permitted in the following cases:
- The accident caused damage only to property and did not cause harm to human health;
- as a result of the accident, no more than 2 vehicles were damaged;
- property damage does not exceed 100 thousand rubles. It can be difficult to determine the size on site, but it is necessary to proceed from objective circumstances;
- The participants reached a common decision and there are no disagreements regarding the accident.
Since traffic police officers are not called, registration takes place according to the European protocol, which the participants draw up independently.
The document drawn up must meet certain requirements:
- Attached are photographs from the scene of the incident. The more detailed pictures, the better, since in this case it is much easier to prove to the insurer that what happened. For this reason, this point is the most important;
- photographs must be taken immediately after the accident. Vehicles may not be moved or moved. Violation of this rule may be grounds for refusal to provide payment;
- All information is entered on a special form, to which photographs and other documents are attached.
ATTENTION !!! The compiled protocol is already ready and can be used to receive MTPL payments. To do this, it is enough to transfer it to the insurer. In most cases, no other documents will be needed. In the future, the insurance company may require additional information, for example, details for transferring funds
It is important to remember that from July 2021 the European protocol form has been changed. From now on, you can’t use the old way.
Application Form
The legislation does not establish a special application form. If the insurance company does not have its own approved form, the application for payment is processed in a random manner.
Despite the absence of legislative norms, there are requirements for the content of the document. The application must indicate:
- personal, passport and contact details of the victim;
- date, place and time of the incident;
- circumstances of the accident (the more detailed, the better);
- application for insurance payment;
- personal information of the policyholder, his policy number and car details (make and registration plate);
- PTS details;
- date and signature of the applicant.
.
Registration with a traffic police officer
It is not always possible to create a document yourself. The law provides for situations when registration should be carried out only by a traffic police officer.
These should include:
- the participant in the accident suffered harm to health or a fatal accident;
- the amount of damage to property exceeds the permissible 100 thousand rubles;
- major accident in which more than 2 vehicles were damaged;
- one of the participants does not have an insurance policy;
- the drivers were unable to reach a common decision, which is why it is impossible to apply for a simplified procedure;
Even when filing in this order, you can resort to collecting additional evidence as in the previous case. During legal proceedings, they can seriously help with proving the true facts of what happened.
Instead of a European protocol, a document confirming the fact of an accident will be a certificate issued by the inspector after all procedures. Based on this, it will be possible to receive a payment from the insurance company.
How to submit documents correctly in case of an insurance event under MTPL?
If all documents regarding the accident have been collected, they must be submitted to the insurance company. But before that, it is advisable to make copies (photocopy) just in case of several important documents, the originals of which will remain with the insurance company:
- certificate of accident,
- accident notification,
- resolution, protocol or ruling on refusal to initiate.
Then there are two options: either bring and hand over these documents to the insurance company in person, or send them by mail with a list of attachments by registered mail with return receipt requested. In the first case, when you bring the documents in person, the insurance company must issue you a document acceptance certificate, or refuse acceptance if you have insufficient documents.
If the insurance company refuses to issue a certificate or requires any additional documents, then it is better to send them by letter using the above method. Also, just in case, it is necessary to videotape the fact of the refusal.
Contacting the insurer
After receiving the main supporting document, you can contact the insurance company. In this case, you will need additional documents that are not evidence of the accident.
ATTENTION !!! There is a recommendation according to which it is better to submit documents no later than 5 days after the accident. It is not mandatory in nature and the driver does not face anything for violating the deadline. In addition, the law does not indicate a special period for cases of receiving insurance payment, therefore the general terms of civil law apply to such legal relations.
You need to contact the insurance company of the at-fault party. As additional documents you need to have:
- identification document;
- documents for the car, including a registration certificate;
- insurance policy or its details;
- other evidence regarding the incident;
- if examinations were carried out or funds were spent - conclusions and receipts for specific services;
- details where the insurer must transfer funds.
This list is open, so depending on the situation, the insurance company may ask you to provide other documents.
Review begins upon receipt of the entire package. The insurance company must respond within a specified time frame. If everything was done correctly, the answer will be positive. If you disagree with the decision or the amount of compensation awarded, you can file a claim. If it is rejected, you should file a lawsuit and prove the case in court. It will be difficult to sue the insurance company on your own, so to achieve the desired result, it is best to seek help from professionals.
Required documents
The Traffic Rules do not stipulate a period within which it is necessary to submit documents for payment of damages. The only caveat is as early as possible. But the Insurance Rules for MTPL clearly limit the period of application to 5 working days from the date of the accident. If there is no office center in the locality or it is located extremely far from the location of the injured party, then the period is increased to 15 days.
List of documents for payment under compulsory motor liability insurance:
- Application for payment in a form approved by the insurance company (to be completed upon application).
- An identity document and its copies certified by a personal signature.
- Compulsory motor vehicle liability insurance policy.
- Documents that were drawn up at the scene of the accident: a certificate from a member of the traffic police confirming the status of the innocent party about the fact of the accident, protocols, resolutions, notifications of the accident.
- Receipt for payment of the fine, if it was paid on the spot.
- PTS or STS.
- A document confirming the right to a car.
- Driver's license - to ensure that the driver was legally driving the vehicle.
- If the victim resorted to the help of an independent expert, then all expenses incurred and documents confirming them, as well as the result of the examination, are attached to the general package of documents.
- If the car received damage as a result of an accident that makes it impossible to move, then you must provide documents confirming the expenses for a tow truck and storage of the car.
- Details for transferring money.
- A power of attorney, if the victim cannot personally contact the company, and a trusted person acts for him.
This is a generally accepted package of documents, but it is not final. Each situation is considered individually, so the list can be supplemented with other papers, and what documents are needed for insurance to pay under compulsory motor liability insurance in case of an accident.
Any copy of a document must be certified: the resolution “the copy is correct”, the date and signature of the individual. The right to sign to a third party is granted only with the issuance of an official power of attorney certified by a notary.
Documents for independent examination
If a victim in an accident does not agree with the conclusions of the assessment made by an insurance company expert, he can order an independent examination. Such an appraiser must be a member of a specialized self-regulatory organization and have a qualification certificate. To contact an independent expert you need to have:
- a standard set of documents drawn up following the accident (notification with diagrams and descriptions of damage, protocols and resolutions);
- insurance case materials that the applicant has in his possession (including the insurer’s appraiser’s report);
- title forms for the car;
- contracts and work orders for car repairs, photo and video materials, if the car was restored before contacting an independent expert.
To inspect and diagnose a car, you need to notify all parties to the dispute, including the insurer and the person at fault for the accident. Typically, notification is made by sending telegrams, which are attached to the case materials. When you subsequently contact the insurance company, financial ombudsman or court, you need to confirm the fact of filing notices of an independent examination.