How to compensate for damage under compulsory motor insurance. Sequence of actions to receive insurance payment under MTPL after an accident

All motorists probably know who needs a motor liability insurance policy and why. But how the amount of damage caused in an accident is determined and insurance compensation is calculated under compulsory motor liability insurance often remains a mystery to the driver. Read on to find out the answers to these and other questions on the topic.

Insurance Coverage Limits

The maximum amount of insurance coverage under compulsory motor liability insurance in accordance with Law 40-FZ is for each victim:

• 400,000 rub. – for compensation of property damage;
• 500,000 rub. – to cover damage to health and life.

Is it possible to receive a maximum payment and in what cases?

The amount of insurance coverage under MTPL depends on the size of the damage caused. If an expert from an insurance company (IC) establishes that the damage caused to the victim’s car amounts to 400,000 rubles. or more, payment will be made for this amount.

As for damage caused to health, the maximum payment is possible in cases of death and disability after an accident. More about this in the corresponding section of this article.

Refund amount in different situations

Depending on the outcome of a particular accident, the amounts of insurance payments differ. Their size is influenced by a number of factors:

• the nature of the damage caused by the insured;
• the extent of the damage caused;
• way of registering an accident.

Let's take a closer look.

To restore a car

The amount of compensation for damage caused to a car is limited to a maximum amount of 400 thousand rubles, but in reality it is often much lower. The following factors influence the amount of the final payment:

• extent of damage;
• vehicle wear level;
• market value of the car.

The amount of coverage in this case is determined based on the results of examination and diagnosis by an expert representative of the insurance company.

According to the European protocol

Registration of road accidents and, accordingly, payments under compulsory motor liability insurance according to the European Protocol are carried out in the following cases:

• two vehicle drivers were involved in the accident;
• none of the participants in the accident were physically injured;
• only property damage was caused;
• there is no disagreement about the causes of the accident, the fault of the drivers and the amount of damage.

The maximum amount of coverage under the Europrotocol is 100,000 rubles. to each participant.

In case of an accident with victims

The amount of insurance coverage for damage caused to health under compulsory motor liability insurance depends on the size of the injuries received by the victims. Therefore, in case of an accident, it is important to send the victims to the hospital and be sure to record the damage.

Compensation will be limited to the amount of 500 thousand rubles, but the amount of payments is clearly regulated and will be:

• upon receipt of group 1 disability: 100% – 500,000 rubles;
• for group 2 disability - 70% of the maximum, which is equal to 350,000 rubles;
• in group 3 – 50%, that is, 250 thousand rubles;
• when a child receives disability - 100%, that is, 500,000 rubles.

The law also stipulates payments for smaller damages. For example, if internal blood loss is 1000 ml, the percentage of compensation will be 7%, which is equal to 35,000 rubles, and if the blood loss is more - 10%.

In a fatal accident

If one of the participants in the accident died, the insurance company must make the following payments:

• 475 thousand rubles relatives or other beneficiaries of the deceased;
• 25 thousand rubles - for burial to the one who bears these costs.

If there are several victims, the insurance company at fault pays compensation in the specified amounts for each case.

Accident with a drunk driver

There are two possible options for a traffic accident involving a drunk driver:

• the victim was intoxicated;
• drunk was the culprit.

Payment under compulsory motor liability insurance will be made in both the first and second cases. But with some nuances.

If the victim was drunk, he will receive a payment from the culprit’s insurance company, but this does not mean that he himself will not incur expenses. At a minimum, he will be fined for driving while intoxicated.

If it was the culprit who was drunk, the insurance company will initially make compensation to the victims, but will subsequently demand the client to return the money through the court.

If you have MTPL and CASCO insurance

If participants in an accident have an MTPL policy and a CASCO policy, they themselves have the right to decide which one to use. But everyone can receive payment only under one policy, with the exception of cases when the MTPL coverage is not enough to repair the vehicle.

It is worth paying attention to some points:

1. CASCO only covers damage caused to the vehicle. This means that if harm is caused to the health of one of the participants in the accident, insurance coverage is possible only under the compulsory motor liability insurance of the person responsible for the accident.
2. If both participants in the accident suffered property damage, the culprit cannot receive compensation for vehicle repairs under compulsory motor liability insurance. Accordingly, he applies to the insurance company for payment under his CASCO policy.
3. If property damage is obviously higher than what the insurance company can compensate for under compulsory motor liability insurance, it makes sense for participants to immediately contact their insurance company under CASCO insurance. Moreover, the process of receiving compensation under CASCO is usually faster than under a civil liability contract.
4. Applying for payment under a CASCO policy also makes sense if both drivers are at fault in the accident.

When deciding to apply for payment under CASCO, if compensation is possible under the compulsory motor liability insurance of the culprit, you must remember that the number of applications for payments in the current year will increase the cost of the policy for the next year.

Is insurance paid to the person at fault for an accident?

The essence of this type of insurance is that the damage caused by the insured driver to other participants in the accident is covered, since it is his motor third-party liability that is insured. The culprit himself does not receive compensation for his losses in the accident under compulsory motor liability insurance.

Limit of liability under compulsory motor liability insurance in Russia: what is it and what does it depend on?

The limit of liability of the insured under compulsory motor liability insurance in Russia depends on the maximum possible amounts of compensation regulated by the relevant law. Accordingly, its size is 400 thousand rubles. for compensation of property damage and 500 thousand rubles. to cover damage caused to the health of each victim.

Increasing the liability limit under OSAGO

Increasing the driver's liability limit is possible by purchasing a voluntary motor third party liability insurance policy. Each insurance company develops the terms and conditions of such contracts independently.

The advantage of DSAGO is that the amount of compensation for damage caused by the culprit of an accident is practically unlimited and can reach 30 million rubles. The insurance premium for such policies is also correspondingly higher than for ordinary ones, and for different companies it is:

• from 1000 to 2000 rub. with a maximum amount of compensation of 300-500 thousand rubles;
• from 3000 to 6000 rub. with an insured amount of 1-1.5 million rubles;
• 12,000 – 18,000 rubles, if the contract amount reaches 30 million rubles.

A DSAGO policy is valid only if you have a compulsory motor liability insurance policy. Payment under it is carried out only if the amount of damage caused exceeds the liability limit under compulsory insurance.

What happens if the amount of damage exceeds the insurer's liability limit?

If the culprit of the accident has only a compulsory motor liability insurance policy, he himself is obliged to compensate the amount of damage not covered by the insurance company to the victims.

If the driver who caused the accident has a DSAGO policy, the missing amount will be compensated under a voluntary agreement.

If the damage caused is higher than the insurance can cover under DSAGO, the missing amount must be compensated by the culprit.

How to calculate payment under compulsory motor liability insurance

Payment of compensation under compulsory motor liability insurance upon the occurrence of an insured event is determined on the basis of the damage caused to the victim: property or health damage.

What input data determines the amount of damage?

The amount of property damage is determined by an insurance company expert based on the results of a technical inspection of the vehicle. This indicator is directly affected by the following data:

• date of accident: year, day and month;
• place of incident: region, region, city;
• vehicle brand;
• year of manufacture of the car and year of its registration;
• production equipment of the vehicle;
• the general condition of the car, whether there was damage that was received before the accident;
• condition of components, assemblies that need to be replaced with new ones.

How do insurance companies calculate the cost of damage?

• costs for the purchase of spare parts and components that will be needed to replace parts that failed as a result of an accident;
• the price of the work performed;
• total cost of purchased materials.

To calculate the required amount for the purchase of parts, the following parameters are used:

• year of manufacture of the vehicle and duration of its use;
• a coefficient that reduces the amount of financial compensation due. It is influenced by the level of wear of the damaged unit, which is expressed as a percentage;
• vehicle odometer readings.

In addition to the cost of restoration repairs, to calculate damage, the insurance company also takes into account other losses of the victim:

• loss of marketable value of the vehicle (TCV) - the amount by which the price of the vehicle will be reduced when sold after an accident;
• expenses for examination when the driver attracts independent experts;
• costs associated with evacuation of the vehicle from the accident site and parking.

What is the Unified Methodology for Calculating Damage?

In order to avoid deception and errors on the part of insurance companies, the Central Bank and RSA jointly developed a Unified Methodology for calculating damage resulting from an accident. And now all insurance companies must use it in order to determine the amount of damage and accordingly calculate the amount of compensation under compulsory motor liability insurance.

Method structure

A unified methodology for calculating damage completely determines the algorithm for conducting vehicle diagnostics with drawing up conclusions in the form of reports. Each operation has a clear order of execution, and all applied criteria and coefficients are presented in reference applications. The structure of EMRU includes:

• 7 chapters;
• 10 reference applications;
• rules for carrying out technical expertise;
• electronic price database for spare parts.

When can you use a unified methodology for calculating damage under compulsory motor liability insurance?

Calculation of losses to determine the amount of compensation under compulsory motor liability insurance using this methodology is used in the following cases:

• to calculate the amount of payments in the insurance company;
• when conducting PCA analysis of the objectivity of the actions of the insurance company;
• to understand the size of real costs by independent experts;
• in the process of studying civil claims regarding payments under compulsory motor liability insurance by judicial authorities;
• official services and dealers at work.

Vehicle inspection report after an accident

Based on the results of the inspection of the vehicle after an accident, a competent person draws up an examination report. It must contain all the information about the damage received by the car. When conducting repeated inspections and finding new hidden damage and defects, information can be added to the report.

The calculation of the amount of damage is carried out on the basis of such an act.

Rules for conducting examination of calculations using RSA

If payment to victims after an accident must be made under a compulsory motor liability insurance policy issued by a company that is currently bankrupt, an examination of the vehicle to identify and assess damage is carried out by a representative of the RSA. It must be registered in the register of the Ministry of Justice of the Russian Federation. Such a specialist is invited by registered letter or telegram 3-5 days before the date of the examination.

The vehicle is presented for inspection in a clean condition so that all damage is visible. The inspection must be carried out at a service station using a special lift.

Based on the results, the expert draws up an inspection report, where he records all the damage. In addition, important moments are filmed with a photo or video camera.

Setting the amount of payments - the basic formula

Svr = Рр + Рм + Рзч,

Ср – total cost of repair;

Рр - cost of work to restore the car;

Рм – costs of materials;

Rzch - the cost of funds for the purchase of spare parts that are installed to replace damaged ones.

The resulting amount is rounded to the nearest hundred. When purchasing new spare parts, an error of up to 10% of the total repair cost is allowed.

How to calculate damage under compulsory motor liability insurance - an example

The procedure for determining the total amount of damage is approximately as follows:

1. Calculate the cost of body repairs.
2. Estimation of repair costs for other components.
3. Calculation of UTS.
4. Adding to the amount of other expenses of the victim (cost of an independent examination, calling a tow truck, parking costs, etc.).

Damage calculator: popular options and instructions for use

To accurately calculate the amount of damage according to EMRU, insurance companies use special programs, and the average user has the opportunity to use online calculators for this. To independently calculate damage online, you must have an inspection report from an independent expert or a work order from a service station with a list of work assigned or already completed.

You can use the following online calculators.

ATTENTION! When you try to use the calculator, the system may ask you to register or pay for the service.

Calculation algorithm:

1. Select vehicle details:
   • region;
   • automobile;
   • manufacturer;
   • year of issue;
   • body color.
2. Select work for calculation: you need to indicate each part in turn that requires repair. For example, in the “Electrical equipment” section you can select headlights, lanterns, and side indicators.
3. Select in the table the repair work required to be carried out in accordance with the inspection report or work order and click “Calculate”. The program will show the required amount.

Natural form of compensation for damage caused

The in-kind form of compensation for damage caused by the culprit of an accident to the victim means that the insurance company compensates for the restoration of the vehicle by repairing it. Repairs are carried out at service stations with which the insurance company has an agreement for such services. Based on the results of the repair work, the insurance company transfers the appropriate amount to the company.

Requirements for the insurance company for organizing high-quality repairs

According to ch. 6 current OSAGO rules impose a number of requirements on companies that are allowed to carry out restoration work on vehicles through insurance coverage:

• repairs must be carried out within no more than 30 days from the date of delivery of the vehicle to the company;
• the distance on public roads from the scene of the incident to the location of the repair station should not exceed 50 km. except for those cases when the insurer reimburses the driver for delivery of the car to a convenient repair organization;
• if less than two years have passed since the release of the vehicle to be repaired, the selected service station must be an officially registered legal entity or entrepreneur in the Russian Federation who has an agreement with the manufacturer or importer of this vehicle model.

Carrying out repairs at the expense of the insurance company

According to the current rules for compulsory motor liability insurance, compensation for property damage to victims is carried out by transferring funds directly to the service station that carries out the repairs.

In what cases is monetary compensation possible?

Monetary compensation for damage caused to the victim is possible in the following cases:

• complete destruction of the vehicle;
• death of a participant in an accident;
• a statement of the desire of the victim, who is disabled, to receive compensation in this form;
• the victim received severe or moderate physical injuries and the desire to receive compensation in money;
• if the cost of repairs exceeds the maximum amount of compensation under compulsory motor liability insurance, including if the accident was registered according to the European Protocol or if both participants are at fault, and the victim does not want to pay extra for the repair of a specific service station;
• when signing an agreement on monetary compensation between the insurance company and the victim. The insurance company may agree to such an arrangement when the service stations it offers do not comply with the requirements of the rules for compulsory motor liability insurance.

How to calculate the cost of car repairs under compulsory motor liability insurance: what method, formula, example of calculation, who is involved and what documents need to be submitted

The cost of auto repair under OSAGO is calculated according to the Unified Methodology, already known to us, developed by RSA and approved by the Central Bank of the Russian Federation.

This calculation is made according to the formula used to calculate payments:

Wed = Rpr+Rm+Rzch,

where Ррр, Рм and Рзч are the costs of repair work, materials and spare parts, respectively, Ср is the amount of repairs.

Moreover, to determine the cost of spare parts, use the following formula:

n – number of types of materials needed for repairs;

C – unit price of one type of material;

N – consumption rate of a specific type of material;

K – the number of parts that require this type of material for repair.

The cost of purchasing materials is calculated in turn using the following formula:

m – the number of spare parts necessary for a complete restoration;

k – the number of units of one part that need to be replaced;

C – price of one part;

And - wear of the part.

The costs of carrying out specific restoration work are determined using a special reference book.

Using these formulas yourself is not a simple process. Therefore, for example, on the RSA website there is a special form where you can enter all the required data and calculate the cost of repairs.

For example, to restore a car you need to paint the front bumper. The cost of such work will be 400 rubles, and it will take 0.8 standard hours. This means the real cost of the work is 400 * 0.8 = 320 rubles. In addition, the bumper needs to be prepared for painting. According to the reference book, this work costs 500 rubles. and it requires 0.6 standard hours. Therefore, the cost will be: 500*0.6=300. The total cost of repairs will be 300+320=620 rubles.

To receive a referral for repairs under OSAGO, you must submit the following documents to the insurance company:

• application for insurance compensation;
• copies of the vehicle owner’s documents: passport and driver’s license;
• copies of the MTPL policies of the culprit and the victim;
• a certificate of an accident from the traffic police or a notice of a traffic accident;
• copies of the decision on the administrative offense and the corresponding protocol;
• a certificate stating that criminal prosecution is not required.

Subsequently, this package of documents is accompanied by an inspection report of the damaged car by experts.

After receiving the examination and making a decision to recognize the accident as an insured event, the car owner is given a referral for car repair to a certain organization.

How to calculate the cost of repairs online on the RSA website, taking into account wear and tear

The RSA website allows victims of road accidents to independently calculate the cost of restoration work on their car, taking into account wear and tear. The proposed calculator allows you to calculate the average cost:

• car parts;
• standard hours for repair work;
• necessary materials.

To calculate the cost of spare parts, you must enter the following data into the calculator:

• date of the traffic accident;
• region;
• vehicle brand;
• number of the required spare part;
• confirm the request by entering the security code;
• send an application.

The result of these actions will be the display of a table indicating the average prices for the required parts.

We filed an accident under the European Protocol, but we are not satisfied with the amount of payments under compulsory motor liability insurance

In this case, it is necessary to involve an independent expert in the inspection, who will accurately assess the damage received. Based on the results of the assessment, a claim is submitted to the Investigative Committee, and if it is not satisfied, the victim has the right to resolve this issue through the court.

How to avoid becoming a victim of deception

If the victim has doubts about the correct calculation of the amount of insurance compensation, he must independently check the cost:

• ongoing work;
• replaceable units and spare parts;
• additional services

If there are obvious signs of fraud in the actions of the insurance company, every citizen has the right:

• submit an application to the regulatory authorities: RSA or the Central Bank of the Russian Federation;
• file a claim against the Investigative Committee in court or the prosecutor's office;
• write a fraud report to the police.

To summarize, we can say that calculating compensation under compulsory motor liability insurance is not quite simple. EMRU has standardized this procedure for insurance companies and this should provide more or less equal conditions for victims. If necessary, anyone interested can check the correctness of the SC calculation using online calculators. IN

Content

In recent years, the car insurance system has been undergoing significant changes and it is logical that this topic is relevant to many motorists who are concerned about what the amount of mandatory contributions will be and what payments from insurance companies under compulsory motor liability insurance 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 to MTPL rules in 2018

Important innovations of MTPL are valid from 09.25.2017. They relate to compensation for losses, repairs, the procedure for issuing insurance forms, the timing of inspection of a damaged car and the financial side of compensatory payments from compulsory motor liability insurance and the cost of the policy itself. A new option for in-kind compensation - repairs - is already applied for insurance after April 28, 2018. Regardless of the period of conclusion of the contract, the new rules provide for payment of damage in the event of a collision of several (two or more) vehicles.

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

The introduction of changes affects the price category of the MTPL policy and the calculation of the bonus-malus coefficient (BMC), which determines the cost formation. A driver who does not have an accident in 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 compulsory motor liability insurance depends on the number and severity of accidents during the previous driving time and is formed from:

• region of registration of transport;
• age and length of service of the policyholder;
• machine power;
• the number of persons with insured liability under compulsory motor liability insurance;
• insurance validity period;
• owner status (individual, legal entity).

The main regulatory legislative document in this area is the latest edition of the Law of April 25, 2002 No. 40-FZ “On compulsory civil liability insurance of vehicle owners.” The innovations introduced by Law No. 49-FZ of March 28, 2017 took effect on September 25, 2017 and affected significant aspects of the “automobile citizenship” process:

• the deadlines for inspection of a damaged car by insurers have been changed - the loss must be assessed 5 days after filing a claim for an accident;
• independent examination 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 04/28/17, monetary compensation for losses under compulsory motor liability insurance was replaced with in-kind compensation - direct payments go to repair shops;
• the payment limit has been increased to 400 thousand rubles for property, and to 500 thousand rubles for individuals.

The cost will be affected by the tariffs adopted by each region, and for vehicle fleets and legal entities an average coefficient will begin to be used, which will also increase the cost of payment: the number of company cars implies an increase in the number of automobile violations. Increased coefficients will be established for those guilty of violations:

What is compensation under compulsory motor liability insurance?

Legislation obliges all vehicle owners to have an insurance policy that insures the risks of all victims: for people – the risk of harm to life/health; for motor vehicles – the risk of damage to property. To purchase an MTPL policy you will need to provide:

• passport of the car owner and policyholder;
• diagnostic inspection 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 policyholder with the original insurance (policy), insurance rules, a memo in case of an accident, and a document confirming the payment of funds. You must always carry the policy with you in your car. The document drawn up by the policyholder independently electronically through the website of the insurance organization must be printed.

The insurance company of the person at fault for the accident compensates the losses of those who were injured with monetary sums or repairs. Payments are made within the limits determined by the Law. Thus, legal protection is guaranteed to all participants in an accident: the victim receives insurance compensation, the culprit does not have the obligation to pay in full for the repair of someone else’s car. The policyholder must clearly understand:

• he does not have the right and opportunity to claim compensation if he is the culprit of the accident;
• harm 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, as well as the minimum, is possible and is not limited to the official limit of compulsory motor liability insurance if you are involved in 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 may be simultaneously recognized as a victim and guilty, then he already has the right to payments as a victim of an accident. Disagreements arising in the course of identifying the perpetrators and the amount of compensation are resolved in court using the statute of limitations, which is usual for civil cases - 2 or 3 years.

The main regulatory act distinguishes 2 types of victims - people and transport. The type of object group determines the form of compensation to the subject who suffered the damage. Many people can be injured in an accident, and the law specifically describes those 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 who is not at fault in the accident;
• passengers;
• pedestrians;
• cyclists.

The insurance company pays expenses when the owner of compulsory motor liability insurance becomes liable in an accident involving his car and property damage of this kind is caused: damage to other people's cars, traffic lights, buildings, structures, structures, that is, the object of compulsory auto insurance is the property interest of those affected by the actions of the policy holder .

Payments under compulsory motor liability insurance 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; compensation for restoration takes into account the costs of transportation by tow truck and depreciation of the vehicle. If the limit established by the Law is enough for repairs, then the person responsible for the incident will not have to pay extra.

In case of excess costs, the victim has the right to demand additional payment from the culprit in court, as well as compensation for moral damage, demanded from the culprit only in court. If the calculated insurance payment does not suit the person who suffered, and there are intentions to receive maximum payments, it will be necessary to submit a written claim to the insurer. If the additional payment is not received within five days after this, you will have to file a claim. It is important to note that the insurance company may refuse to satisfy the application for the following reasons:

• there were substances dangerous to surrounding people in the car;
• the citizen did not have a driver’s license;
• The policy does not indicate the culprit of the accident.

Maximum payments under compulsory motor liability insurance in case of an accident in 2018

With the latest legislative innovations, the limit for payment of compulsory motor liability insurance has been raised and in 2018 it 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 person.

If the person responsible for the accident entered into an insurance contract before October 2018, losses are calculated at the rates at the time the policy was issued. The above figures are maximum and it is not possible to receive more than this amount under compulsory insurance. Specific amounts are considered by insurers taking into account the wear and tear of the vehicle, the severity of the injuries, the cost of restoration and many other factors: specialists carefully study the damage so as not to overpay8

The maximum compensation is determined by Article 7 “Insured Sum” of Law No. 40-FZ and for property amounts to 400 thousand rubles. for each person injured in the incident, that is, this amount is not divided among 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 expect half the damage.

In case of drawing up the Europrotocol

The law provides for the preparation of documentation about an accident without the participation of State Traffic Inspectorate employees and the beneficiary’s independent sending of a notification to the insurance company. The copy is filled out 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 scene of the accident, the damage, estimate the approximate losses and keep the car in its damaged state until inspected by a representative of the insurance company.

The maximum for insurance compensation in this case is 50,000 rubles. Conditions for compensation of losses through the so-called “Euro protocol”: only two vehicles are involved in the collision; there were no injuries (deaths), no damage was caused to other property; There are no disagreements about the details of the accident or damage between the participants. The European protocol is drawn up according to the rules:

• a ballpoint pen is used;
• each participant fills out the appropriate part of the protocol regarding his information;
• signatures of both parties are affixed to the front side;
• additions and adjustments are signed by the person who has no objections to them.

For harm to health

Compulsory motor liability insurance is paid to citizens who were injured in an accident - this is the driver (not at fault in the incident), passengers, pedestrians, cyclists and other persons injured in the accident and, in the event of death, their heirs (including family members and citizens under a will) . For injured individuals, there is a wide range of expenses that the insurance company must take into account in payments, but if injuries can be treated under the compulsory health insurance system, the chances of receiving additional money are reduced.

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

• provision of first aid;
• diagnostic study;
• treatment and stay in a medical facility, including food, medications, medications and special materials;
• prosthetics;
• loss of earnings due to disability.

When determining the disability of the victim

If the accident causes damage to the life and health of the victim, a full examination is carried out. The amount of payment under compulsory motor liability insurance is determined by the damage caused based on 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 entitled by civil law to compensation in the event of the death of the breadwinner (in their absence, these are the spouse, parents, children and persons who depended on the deceased). The family receives funeral funds of no more than 25,000 rubles and also compensation for damages of 475,000 rubles.

The final result of the coverage calculation is influenced by many factors. To determine the following are taken into account:

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

In-kind form of compensation for damage caused in 2018

In accordance with the latest legislative amendments to MTPL, for insurance policies issued after April 28, 2017, losses in the event of an insured event are compensated 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 fraud to receive funds from imaginary victims: thus, according to the Agency for Financial Research, in 2016 the share of payments under motor vehicle insurance to people who were not actually injured in an accident reached half of all amounts paid.

At the same time, today, with the in-kind form of compensation, there are many problems and vulnerabilities that cause dissatisfaction among drivers with this new system:

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

As a result, if the victim has doubts about the correctly determined cost of spare parts or is dissatisfied with the quality of repairs under compulsory motor liability insurance, he can seek an independent examination and file a claim with the insurers, and if the latter refuse, go to resolve the issue through the courts. For the injured party, such difficulties complicate the entire process, which is already troublesome and unpleasant.

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

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

The repair procedure begins with the insurance organization calculating the cost of repairs to restore the vehicle:

1. The insurer evaluates the work and calculates the costs of restoration repairs according to the unified methodology of the insurance market regulator (Central Bank Regulations dated September 19, 2014 N 432-P), where the amount is determined without taking into account wear and tear of the vehicle, as in the case of cash payments.
2. The owner of the damaged vehicle is invited to select a service station from the proposed list. For vehicles under warranty, work is performed by dealerships while maintaining the warranty.
3. The service station work must be completed within a month.

You can receive cash compensation under MTPL in exchange for repairing 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 Auto Insurers approved his request;
• there is a written agreement between the insurer and the recipient for an amount determined by the insurance organization (usually less).

The procedure for processing insurance payments under MTPL in 2018

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

• if there are victims, call an ambulance;
• call a traffic police representative;
• notify the insurance company about the insured event;
• collect the necessary documents;
• draw up a written application and send it to the insurance organization at its location or its representative;
• Additionally, in addition to written form, documents can be sent electronically.

A citizen applicant for accident insurance within the framework of compulsory motor liability insurance is required to submit a package of documentation:

• passport (photocopy) of the culprit;
• documents for the vehicle (copies);
• certificate from the traffic police;
• notification of an accident;
• protocol (copy) of an administrative violation/ruling on refusal to initiate an administrative violation;
• details for transfer.

Payment terms in 2018

To resolve the issue of payments to the victim and insurance organizations, a limited time is given. Within 5 calendar days, an application for an insured event must be sent to the insurance organization, which is given 20 working days to transfer funds for restoration repairs or submit a justified refusal of compensation. If the twenty-day deadline is not met, the company faces fines for 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 limits of the entire insurance premium under the contract.

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Payments under compulsory motor liability insurance in 2018: rules for reimbursement of the insured amount

Recently, the compulsory car insurance system has changed significantly. The payment amounts, tariffs and the system for calculating the cost of the policy have changed slightly.

Let's look at how to get insurance today and how much insurance coverage a victim in an accident can expect in the event of damage to health and the vehicle.

The changes that relate to payments under the MTPL policy in 2019 came into force in 2018 and affected the system of compensation for losses, repairs and registration of the policy, the timing of technical inspection and compensation for insurance, as well as the cost of its acquisition. In 2018, a compensation system such as payment for repairs appeared.

Not only has it changed, the policy forms themselves have also become different. They are now protected by a QR code, making them difficult to counterfeit and further engage in insurance fraud. documents can now be accessed remotely.

It is formed taking into account the following circumstances:

• the region where the vehicle is registered;
• car engine power in l/s;
• number of persons included in the insurance;
• age of the vehicle;
• the length of driving experience of persons allowed to drive a car;
• the period for which the insurance is issued;
• status of the car owner (whether he is an individual or a legal entity).

The cost of the policy has also changed due to the new rules for calculating the bonus-malus coefficient. Now, if a driver has never been in an accident in 12 months, he receives a discount when renewing his insurance. On the contrary, someone who often violates traffic rules and causes accidents will pay a large amount for re-issuance of the policy in accordance with the new tariff. The bonus-malus coefficient accounting system is designed to encourage drivers to be more careful on the roads, not to make dangerous maneuvers and to obey the speed limit.

Along with the increase in tariffs, insurance compensation limits have also increased.

The following standards for assessing damage from road accidents for compensation under a car insurance policy in 2019 apply to the current standards:

• The deadline for filing an insurance claim is 5 working days;
• the policy period must be at least one year;
• The deadline for filing a claim with the insurer (if deadlines are violated or you are not satisfied with the amount of compensation) is ten days. Along with the application outlining the essence of your requirements, you should also submit an independent expert report;
• payment of insurance coverage can be replaced by cash receipts to pay for vehicle repairs (including directly to a workshop that will carry out restoration work, bypassing the owner of the car);
• the maximum payment depends on whether the victim’s property was damaged as a result of the accident, whether the participants in the accident were injured (and their severity);
• in case of registration of an accident according to the European protocol, compensation will be 100 thousand rubles;
• The payment period for compulsory motor liability insurance is 20 calendar days (except for holidays). During this time, the damage caused to the vehicle during the accident must be assessed.

The vehicle should not be repaired until the damage is covered by insurance. But if you conduct an independent examination, based on the results of which the damage is assessed, you can submit the car for repairs even before the insurance company transfers the funds.

Limits on car insurance payments

The liability limit for car insurance is the maximum payment under the contract that is paid to the victim as a result of an accident. The person at fault does not receive any compensation.

Insurance compensation depends on the amount required by the victim in an accident to cover the damage received, and is limited by law.

The limit for 2019 is

• 400 thousand rubles if property was damaged in an accident;
• 500 thousand rubles if the participants in the accident were injured (depending on the degree of damage to health, including the disability of the victim);
• 100 thousand rubles, if the accident is registered according to the European protocol (without the involvement of State Traffic Inspectorate employees).

You can receive the maximum payment if the damage incurred as a result of the accident exceeds or equals the liability limit.

In order for the funds to be transferred by the insurance company, the accident must be filed in a timely manner in accordance with all legal requirements. If the accident was minor (no more than two participants, only damage to property was caused), it is more profitable to record it using a European protocol.

What affects the amount of payment in 2019

Let's take a closer look at how the cost of insurance payments is calculated in 2019 and what affects the amount of compensation.

The amount of insurance coverage depends on the following circumstances:

• whether damage was caused to the life and health of the victim or only his property was damaged (including options for complex damage);
• degree of damage. It takes into account how badly the car was damaged. There are two options here: the vehicle can be repaired or it cannot be repaired.
• list of damages. It must fully comply with the defects listed in the traffic police certificates. Otherwise, the insurance company will not provide compensation for damage that is formally absent. To prevent this from happening, you should go to the traffic police yourself and enter the necessary relevant defects, and then take the document to the Investigative Committee;
• whether the vehicle was towed, whether payment for depreciation of the vehicle is required;
• wear and tear of the vehicle, taking into account the service life and parts that need to be replaced;
• vehicle engine power;
• the location of the incident and additional circumstances of the accident;
• validity period of the insurance policy;
• the appearance of the car, its technical condition and market value before the accident.

If the cost of car repairs exceeds the limit (the amount of compensation due), the victim still receives no more than the maximum amount provided. In pre-trial proceedings, the culprit of an accident is not obliged to compensate the expenses incurred by the victim. At this stage, the issue can be resolved by agreement. But if the victim is not satisfied with the amount of funds offered, he has the right to demand compensation for moral, physical and material damage from the person responsible for the accident through the court. If the victim is not satisfied with the amount of compensation, a written claim should be sent to the insurer.

In what cases can the insurer refuse compensation?

There are circumstances that may prevent you from receiving insurance compensation. Let's list them:

• there were substances hazardous to people and the environment in the passenger compartment or trunk of the vehicle;
• the person driving did not have a driver's license;
• the culprit of the accident was not determined;
• the policy is invalid (its term has expired, or the document turned out to be counterfeit).

Of course, every insurance company strives not to lose its funds, so there is an opinion that it will not be possible to receive funds in full. This myth is partly facilitated by appraisers and law firms. But do not forget that they themselves, while convincing the client of the need for their services, also care about their earnings. Therefore, you should not make hasty decisions. As practice shows, in 80% of cases it is possible to receive compensation in full and on time exactly on time (payment under compulsory motor liability insurance occurs within 10 calendar days) without paying for the services of lawyers.

Compensation in case of registration of a European protocol in case of an accident

Insurance payments for damage in an accident, issued according to a European protocol, have been doubled, from 50 to 100 thousand rubles (while for Moscow and the Moscow region, St. Petersburg and the Leningrad region, the limit remains the same - 400 thousand rubles). Motorists involved in an accident can issue a document without the participation of traffic police officers. The copy is filled out by both the culprit of the accident and the victim. After this, the paper must be sent to the insurance company within 5 working days. A mandatory condition for drawing up a European protocol is photographing the scene of the incident. Before inspection by representatives of the insurance company, both cars damaged in an accident cannot be repaired so that all the defects they receive are recorded.

Important! According to the European protocol, payments from the insurance company are possible if only two vehicles are involved in the accident. Otherwise, the procedure for registering an accident will be standard. Also, in an accident there should be no injuries to drivers, as well as injured (dead) third parties. But if previously it was possible to register an accident under the European protocol only in the absence of disagreements, now this is not required.

Participants in an accident are required to record all the circumstances of the incident. They must be transferred to an automated information system for motor insurance of civil liability (it is necessary to use technical means and software that are provided by law).

In order to do so, you must follow the following rules:

• use a ballpoint pen to enter information about the accident;
• when filling out their part of the protocol, each participant enters data independently;
• the validity of the adjustments must be confirmed by the opposite party;
• The protocol must be signed by both the culprit of the accident and the victim.

Repair or monetary compensation

According to the law, today you can receive funds to pay for repairs instead of monetary compensation from the insurance company. This procedure is called a natural form of compensation for loss. Today it is not used by all drivers. This is due to a number of circumstances:

• non-original spare parts may be used during repairs;
• there is a practice of repairing damaged parts instead of replacing them with new ones;
• the allocated hours for restoration work may not be enough;
• damage is often not completely eliminated;
• the car owner may not be satisfied with the quality of the work performed.

If you are not satisfied with the amount of compensation to pay for repairs, you need to contact an independent expert and file a claim with the insurance company. In case of refusal, the issue should be resolved through the court.

Insurance companies must enter into an agreement with the service station in accordance with current legislation. The latter, in turn, sell a specific list of auto restoration services. Service stations must meet the following requirements:

• be located at a distance of 50 km or more from the scene of the accident and the residence of the owner of the damaged vehicle;
• the period for carrying out restoration work cannot exceed 30 days;

The car owner has the right to refuse the services of a service station offered by the insurance company and choose the service independently.

If repairs are carried out at the expense of the insurance company, its cost is determined as follows:

• restoration work is being assessed. Their cost depends not only on the nature and extent of the damage received, but also on the wear and tear of the vehicle;
• the owner selects a service station from the proposed list of organizations (if the car is under warranty, dealerships can perform the work);
• The vehicle must be restored within 30 days.

The insurance company will pay for the repairs.

Monetary compensation is possible in the following cases:

• when the car cannot be restored;
• the cost of repairs is more than 400 thousand rubles, and the car owner does not intend to pay extra from his own funds;
• restoration work cannot be carried out within the allotted time frame (30 calendar days);
• the owner appealed to the RSA, which approved the request to replace payment for repairs with monetary compensation;
• the insurance company and the car owner injured in the accident managed to reach an agreement among themselves (the agreement must be in writing).

What documents must be provided to the insurance company?

An application must be sent to the insurance company along with a package of original certificates and copies of documents. The complete set includes the following papers:

• a copy of the passport of the person responsible for the accident;
• original certificate from the traffic police;
• copies of documents for the car;
• notification of a traffic accident;
• a copy of the protocol on the offense or refusal to initiate an administrative case
• details of the account to which the compensation will be transferred.