Algorithm of actions in case of an accident
In order to achieve timely compensation for damage under the law, you need to act correctly in the event of an emergency, taking into account the circumstances that occurred.
The algorithm looks like this:
- stop the car immediately;
- turn on the alarm signals and display a special sign;
- if there are victims in critical condition, call an ambulance;
- in an emergency situation, victims are transported by passing transport;
- if a car completely blocks the road, it is moved to the side;
- it is necessary to report the accident to the traffic police;
- record contacts of witnesses and participants, vehicle numbers;
- wait for the arrival of the traffic police inspector;
- check the correctness of entering data into the protocol.
Advice! Before removing cars from the roadway, it is necessary to record their position in the presence of witnesses.
If the accident did not result in damage to health or loss of life, and the participants agreed on the main points, the problem can be resolved without the participation of an inspector. For this purpose, a European protocol is drawn up in an approved form, where the guilty and injured person is determined.
What payments are due after an accident?
Depending on the specific situation, the circumstances of the incident and the property, perseverance of the victim and willingness to fight for what is due to him by law, you can receive the following categories of compensation in case of an accident:
- direct damage to property, health and/or life,
- moral damage is claimed only from the culprit directly - the insurance company under compulsory motor liability insurance will not compensate for it (subparagraph “b”, paragraph 2 of Article 6 of the Federal Law),
- payment for towing a car to a parking lot or repair site from the scene of an accident,
- additional costs directly related to the need to receive payment (examination, state fees when going to court),
- loss of commodity value (but with certain nuances),
- the difference between the insurance company's calculation taking into account wear and tear and the actual cost of restoration repairs.
Who pays for the damage?
It is important to decide where to go for a victim after an accident. In accordance with Federal Law No. 40, in the event of an accident, the insurance company is obliged to compensate for damage to life, property and health. The following guarantees for payments to victims apply:
- 400 thousand rubles for compensation for damage to property;
- 500 thousand rubles to compensate for damage caused to life and health.
If the amount exceeds the established limit, compensation is paid at the expense of the culprit. Every driver should know that insurance is not provided for a limited amount. He can compensate it voluntarily. Failure to do so will result in a trial. If an accident occurs, direct compensation from the guilty participant is issued in the following cases:
- absence or invalidity of the MTPL insurance policy;
- the damage occurred when the innocent person’s car was not in motion;
- from three or more participants in the accident, and the amount of payments exceeds the limits;
- The victim demands compensation for moral damage.
So, if the guilty party has an Ingosstrakh policy, payments are made by the insurer after receiving the application. If moral damage is alleged, a personal appeal to the culprit is required. If a refund is refused, you must contact the judicial authority at the place of registration of the second participant.
Where to contact a victim of an accident - an overview of situations
To make it clearer whose insurance company pays for damages in an accident, we will look at specific situations.
Mutual guilt
There is no legal concept of “mutual guilt” . This term is used by traffic police inspectors and insurers in cases where both drivers violated the rules, which caused an accident, and both were issued administrative violation orders.
If the guilt is mutual, formally everyone is both the victim and the culprit, but in fact everything depends on the court’s decision.
If he cannot identify the culprit of the accident, then an application for compensation for damage to life and health must be submitted to the RSA.
The same is done if the culprit at the time of the accident did not have a compulsory motor liability insurance policy or it was expired.
There are 3 participants in an accident
Let's try to figure it out: if there are 3 participants in an accident, which insurance company should you contact?
In such a case, direct compensation for damages does not apply. Each of the victims has the right to contact the insurer of the culprit (or one of the culprits to choose from, if there are several of them).
If the culprit of the accident is not identified, then the insurance companies of the participants in the accident must compensate for the damage in equal shares.
If three participants are found guilty of an accident, then insurance payments to compensate for damage are made in proportion to the degree of guilt of each of them. This is determined by a court decision .
A trailer was involved in the accident
It is worth noting that if one of the participants in the accident is a vehicle with a trailer, in such cases insurers often refuse to pay compensation.
They refer to the fact that a separate policy is required for the trailer, which means that this is the third party to the accident. This position is incorrect, which has been repeatedly confirmed by the courts.
Let’s also clarify who should contact the insurance company in case of an accident – the owner or the driver.
Only the owner of the vehicle has the right to receive compensation, and any driver who is listed in the MTPL policy can submit an application to the insurer.
However, the owner can issue a general power of attorney, under which another person will receive the money.
Choosing an insurance company
First, it is determined whose insurance company the victim of an accident should contact. The ideal situation is when all participants have a valid MTPL policy. You can make an appointment with your insurer or with the insurance company of the guilty party. If the damage is significant and there is CASCO insurance from Alfastrakhovanie or another organization, part of the payments is made on it. The following factors are taken into account:
- degree and nature of damage;
- number of vehicles involved;
- circulation period;
- presence of casualties;
- valid insurance policy.
When should you contact the victim’s insurer?
It is important for the victim to clarify in advance which insurance company to contact in the event of an accident—your own or the culprit’s in 2021.
It is possible to apply to your organization, but it is important to meet a number of requirements. Compensation in a simple way is allowed if the amount of payments fits into the current limit and moral damage is not compensated.
The following set of documents is presented:
- notification of an accident;
- certificate of accident from the traffic police;
- documents from the traffic police confirming violation of the law;
- medical examination;
- Bank details;
- a notarized copy of the applicant’s passport;
- special power of attorney if the documents are submitted by a representative.
Advice! It is important to submit your claim within 5 days of the incident so that the insurer can complete a timely assessment. The review period is 30 days, after which a decision is made.
When should you contact the culprit’s insurer?
If the situation cannot be resolved by the terms of the organization of the injured party, you need to contact the company of the culprit. Among the most common reasons:
- accident involving at least 3 cars;
- An accident resulting in harm to life or health.
The application process is similar: you need to prepare a standard package of documents and submit your application in person. If the license is revoked or the insurer ceases to exist, you must contact the RSA.
If obligations are not fulfilled in whole or in part, an examination is carried out. Then documents are submitted to the court. Next, the judge decides on the possibility of recovery. To increase your chances of a positive outcome, it is important to describe the circumstances of the case and prepare the most detailed evidence base.
Mutual guilt
Such a legal concept is not enshrined in the legislation. But the term is widely used by insurance companies and ordinary inspectors when traffic violations occurred on the part of both drivers. As a result of this, an accident occurs, and everyone receives a decision.
If both participants in the accident are at fault, each is formally recognized as both guilty and injured. In fact, much is determined by the judge’s point of view. When it is difficult to establish whose actions were decisive, applications are submitted to the RSA.
When more than two cars are involved in an accident
Many drivers are interested in the question of which insurance company is better to contact - the culprit or their own in 2021, if several cars were involved in the accident. In this case, the standard rules are not used. Each participant can submit an application to the company of the culprit. If there are several such persons, you can choose one insurer. It is important to compose your application correctly so as not to face a refusal on formal grounds.
It is important to know! If it is impossible to establish specific fault, organizations pay damages in equal proportions. When several guilty parties are identified, compensation is made taking into account the extent of the damage and confessions.
Which insurance company to contact in case of an accident - your own or the culprit's?
The answer to the question “where to apply for compulsory motor liability insurance” depends on the circumstances of the traffic accident and the degree of damage caused.
The following factors need to be taken into account:
- number of vehicles (vehicles) involved in the accident;
- nature (degree) of damage;
- availability of compulsory motor liability insurance for each driver;
- presence of injured (dead) as a result of the accident;
- deadline for applying for compensation.
Art. 14.1 of Federal Law No. 40-FZ of April 25, 2002 provides for direct compensation for losses as a result of an accident, for which the victim must submit a claim to his insurer. Registration of the Europrotocol for the PES procedure is possible subject to the following rules:
- participation in an accident of two vehicles;
- both parties (drivers) have compulsory motor liability insurance;
- no damage to human health and life;
- Insurance coverage is sufficient to compensate for the damage.
If these conditions are met, the victim must apply for compensation from his insurer. If there are victims, not only equipment is damaged, or the damage is more than the limit under compulsory motor liability insurance, the insurance company of the culprit is responsible for the registration. Separately, it is worth considering the case where the person responsible for the accident violated the law and did not purchase compulsory motor liability insurance. If the victim does not have insurance, we suggest that you read a separate article on our website.
What to do if the culprit does not have insurance
Many people are concerned about which insurance company is best to contact in case of an accident when the other party does not have a policy. According to statistics, the obligation to purchase a car license is ignored by many car owners. In this situation, the degree of damage and the presence of victims is determined:
- If only the car was damaged, you need to contact RSA.
- If there is damage to health or life, legal proceedings are used.
In these cases, you do not need to go to your own insurance company. The only circumstance when this is possible, for example, is the presence of a CASCO policy. Its insurer will pay the due amount to the client, and then file a claim against the culprit.
Based on the results of the analyzed information, it becomes clear which insurance company to contact in case of an accident - your own or the culprit's in 2021. In fact, much is determined by the circumstances, characteristics and extent of the harm caused.
When does the insurance company pay for an accident?
Now let's consolidate what we have read by considering the opposite situation - when the victim is obliged to contact exclusively the insurance company of the at-fault driver. And these are, accordingly, the following cases:
- if there are victims in an accident,
- if there are dead,
- if there was no contact between the cars (in the event of a non-contact accident, we contact only the insurance company at fault),
- if there is damage to property other than cars (for example, if a car drove into a pole, then this is by definition an accident, but the PPV does not work here),
- if at least one of the participants does not have a compulsory motor liability insurance policy.
What to do if you are found guilty of an accident and you only have compulsory motor liability insurance
Now let's look at the second side of the coin: you have been found guilty of an accident, what should you do? It would seem that everything is very simple! If you are insured under MTPL, rest assured that in the event of an accident due to your fault, you will not have to repair along with your car the car of the person you hit. But that's not true!
The maximum amount of payments under compulsory motor liability insurance is only 120 thousand rubles!
If several cars were damaged in an accident, the insurance compensation is calculated taking into account no more than 160 thousand rubles for all participants in the accident (!) in proportion to the damage to each of them. In case of harm to the life or health of each victim, no more than 160 thousand rubles.
My advice to all car enthusiasts who are already forced by law to purchase a Compulsory Motor Liability Insurance policy is not to skimp, pay an additional 1000 rubles to it. and expand your civil liability to at least 1,000,000 rubles. Read about those who were not lucky enough to pay this large amount in our next article.
How long can I submit an application for payment under compulsory motor liability insurance?
Didn't you have time to go to the insurance company immediately after the accident? Not scary! An application for payment under compulsory motor liability insurance can be submitted within 3 years from the date of the incident. Now you need to write an application for payment of insurance compensation and provide the car for inspection and an independent examination. In order to receive the fullest possible payment under compulsory motor liability insurance upon application, you need to pay special attention to paperwork! Basic advice: you don’t have to invent anything or assume anything.
Deadlines for compulsory motor liability insurance
Many are faced with excuses from the insurer such as: “your case is in the department for settling complex insurance claims”, or “your case is being paid in the accounting department” and they have been paying for the third month. They may also tell you: “your case is under the signature of the management,” so citizens are wondering, in what time frame are cases under compulsory motor liability insurance considered?
What is the period for consideration of a case under compulsory motor liability insurance?
The rules on compulsory motor liability insurance say that from the moment the insurer receives all documents, the period for consideration of the case under compulsory motor liability insurance is 30 days. Within the specified period, the insurer is obliged to draw up a report on the insured event. Based on it, a decision is made to make an insurance payment to the victim, and the insurance payment is made. Or a notice is sent in writing about a complete or partial refusal to pay, indicating the reasons for the refusal. Integral parts of the insured event report are the conclusion of an independent examination (assessment), if one was carried out, and the inspection report of the damaged property.
Anything beyond 30 days is a violation of your rights!
