Can a road accident be an insured event? List of insurance and non-insurance cases under compulsory motor insurance. The accident caused serious consequences

From emergency situations no one is insured, even if the driver strictly follows the rules traffic. Many motorists do not know what losses MTPL can compensate in case of an accident. Damage caused on the road in an accident and insurance payments may differ. OSAGO will help quickly, since the culprits traffic accident often unable to pay huge sums for repairs.

Description of insured events

Based on the provisions of the Law on Compulsory Motor Liability Insurance of April 25, 2002 No. 40-FZ and Civil Code RF insurance company(IC) defines insured cases without an accident and cases when a car owner with valid insurance causes damage to his property, regardless of whether he has insurance.

Compensation under the MTPL policy is due to the injured party.

With the help of the IC, one participant in the accident bears financial liability in front of another. Compensation for damage is due only to the insured driver, but not to the owner of the vehicle.

You can also obtain insurance if the vehicle was used for its intended purpose, that is, when operating the vehicle within the road and adjacent areas (parking lots, service stations). The policy only covers damage caused by the vehicle. Damage is considered insurable from the vehicle being operated, and not from its equipment.

Insured events and payment in 2020 (in rubles):

harm to the health or life of each victim - 500 thousand;
funeral expenses for those killed in an accident - 475 thousand (for a close relative) or 50 thousand (for a distant relative);
damage caused to property - 400 thousand;
compensation for damage to the victim without calling the traffic police - 100 thousand;
car damage - 100 thousand.

List of non-insurance cases under compulsory motor liability insurance in case of an accident:

Damage to health and loss of property, unless there is a group accident where the driver is the guilty and injured party at the same time;
Using a car for other than its intended purpose - driving lessons, competitions, races, driving on ice;
Moving vehicles around the production site, where all responsibility lies with the enterprise;
Causing harm to the health of workers during work shift. Payments are made by the employer from his own funds;
Loss or damage was caused by the cargo, as well as during loading or unloading, regardless of the ownership of the territory and the cargo;
The car caused only environmental damage or;
The damage was caused by the elements or a broken branch fell on the roof of the car;
Malicious intent, such as theft or vandalism.

In auto insurance, certain restrictions apply to a number of circumstances, and the insurance company is exempt from paying payments to the policyholder, since the volume of compensation has its own limitations. Many motorists are interested in the question, is it an insured event?

According to traffic regulations, an accident can happen not only on the road, but also in the yard, parking lot, residential area or other place not intended for vehicle traffic. A collision in a parking lot is considered the same as an accident and is investigated by traffic police officers in the prescribed manner.

A motorist who was harmed in a parking lot is entitled to compensation from the insurance company. In addition to having MTPL insurance, the company may impose the following conditions:

The accident involved two or more cars. Payments are not due if the vehicle is scratched by a pedestrian.
It was not the car owner's fault. Payments are not due if the owner himself crashed into a pole in a parking lot.
Insurance is paid if the culprit of the accident has been identified.

Drivers of vehicles in a parking lot should act in a similar manner to a traffic accident.

Does the at-fault party have to report it to their insurance company?

Many participants in an accident are interested in the question: is the culprit obliged to notify the insurance company under compulsory motor liability insurance? When an insured event occurs, policyholders must always report to their insurance company, regardless of the circumstances of the accident, otherwise the company has the right or. Notifying the insurer about a road incident is the responsibility of any citizen at the legislative level.

Road accidents refer to crimes committed through negligence, even if the accident occurred with fatal. But if the culprit of the incident, his actions will be transferred to the category of an intentional crime. The person at fault must call the insurance company and report that it was he who caused the accident on the road. You must also indicate:

place and time of the accident;
the number of cars collided and injured, the severity of the condition;
year of manufacture, make, and vehicle numbers.

How long after an accident must I report the accident? Any driver must visit their insurance company within 5 business days and provide:

its part " ";
recording video or photographs of the accident scene;
a statement indicating that the video or photograph was not edited;
the opportunity for the insurer to inspect the damaged vehicle;
claim for damages.

Download a sample application for compensation of losses

Also, the person responsible for the accident can begin recycling or repairing his vehicle only 15 days from the date of the accident. If these actions were carried out ahead of schedule, then the insurance company has the right to demand a refund cash, since the actual extent of damage was not established. Failure to contact the insurer may result in a recourse claim being filed against the irresponsible policyholder.

What to do with insurance if you get into an accident

The amount of compensation and its timely receipt depend on the actions taken by the participants in the accident upon the occurrence of an insured event. In the event of a road traffic accident, drivers must adhere to the procedure established by the MTPL and Traffic Rules.

Algorithm of actions stipulated by traffic rules, aimed at:

ensuring further safety on the road for other road users;
keeping the accident scene intact so that the culprit can be identified;
providing assistance to victims, preserving the lives of victims.

In the event of an accident, participants must:

turn on the alarm and put up a warning sign;
call an ambulance for victims;
do not move the car or lift objects after an accident;
save photos and videos of damage to your phone;
call the Investigative Committee, indicate the location of the collision and describe the damage.

This will allow you to correctly document the fact of the accident and avoid penalties for violating the rules on the road. If an insured event occurs under compulsory motor liability insurance, the participants in the accident must remain on the spot and call the traffic police officers, who must write:

protocol on administrative offense, which is presented to the culprit of the accident;
an appendix to the protocol with a detailed description of the damage to the vehicle;
certificate of accident;

Download standard diagrams

You should not agree if traffic police officers offer to independently assess the damage caused and enter it into the protocol.

The insurance company makes calculations of material damage based on documents and additional assessment by the company’s expert.

If the victim was injured, then you will also need a certificate from ambulance doctors and a medical certificate of examination of drivers for the presence of.

The result of a road traffic incident is the emergence of obligations towards the person injured in the accident. Insured events under compulsory motor liability insurance are specified in the relevant Federal Law. But despite this, insurers go to various lengths to avoid compensating the victim for damage. Therefore, you need to know exactly what is included in an insured event, and when insurers absolutely legally refuse to pay compensation.

General concepts

An insured event under MTPL is any circumstance as a result of which the car owner driving the insured car caused damage to property and/or damage to the health of other persons in another vehicle. Under these circumstances, the insurer is obliged to compensate the damage to the injured person.

The list of circumstances recognized as uninsurable is contained in the same Law. Moreover, it is more specific than the list of those that are insurance. But more about everything.

Signs of insurance cases

So, how do you know whether the insurance company (IC) is obliged to pay compensation or not? Events are insured if:

The damage was caused using an insured vehicle. Use means driving a vehicle on roads and adjacent areas intended for driving.
There is someone who caused the accident. There must be at least two participants: the culprit, to whom civil liability applies, and the victim (he is paid compensation by the culprit's insurer).

Insured event in case of an accident - examples:

The driver did not have time to slow down before the traffic light and crashed into the car standing in front.
The truck drove past a parked car and hit it.

Uninsured cases:

Returning to the parked car, the owner discovered a dent on its hood. There were no witnesses to the incident. Therefore, the culprit has not been identified and there will be no payment.
The car was damaged by a load that was poorly secured in a truck parked in the parking lot.

There is a list of situations when the victim 100% can and should receive an insurance payment:

the driver hit a pedestrian;
injured in an accident vehicle;
the people in the car were injured;
property was damaged in the accident (for example, a fence).

Species

Current legislation provides for two types of insurance cases:

In the situations listed in the second case, it is not worth counting on a payment under compulsory motor liability insurance that insures not the car, but the driver’s liability. If you want to be calm about your “iron horse” in all unpredictable circumstances, you need to take out voluntary CASCO motor third party liability insurance.

Uninsured events

So, what is not an insured event? The following events fall into this category:

Causing harm to property or a person by cargo, the movement of which is associated with an increased risk. This type of cargo is insured separately.
Causing damage by driving a car that is not specified in the insurance.
Causing harm to the life and/or health of persons performing their official duties. In this case, compensation will be paid through the types of insurance required for employees (personal, social).
Compensation for moral damage and lost profits.
Damage to property or person was caused not by the vehicle, but directly by its driver.
Causing harm in specially designated areas for automobile competitions, training driving, etc.
Damage caused during loading and unloading operations.
Causing damage to architectural objects, antiques, luxury goods, cash, jewelry, etc. Compensation is made at the expense of the guilty person through the court.
Causing damage legal entity, if an employee of the same organization was harmed on a vehicle belonging to him.

Any of these events will be considered by the insurer as a non-insured event, and, therefore, no compensation will be paid.

OSAGO in parking lots and courtyards

According to Federal Law, these territories are considered adjacent to public roads. This means that the same requirements apply to incidents that occur on them as on the roads. For example, if cars in the courtyard of a house were unable to move away, and one of them was damaged, then its owner may receive an insurance payment.

The only thing is: regardless of the scale of the incident, in order to receive payment, you must submit a complete package of documents. As a rule, minor damage is caused to cars in courtyards and parking areas, so not all car owners want to bother with documents. So it turns out that the situation itself is insurable, but in order to receive compensation, the victim must make a lot of effort. And for the sake of several thousand rubles, doing this is burdensome.

It’s a completely different matter when damage to cars is caused while parked. The most typical situation is careless opening of the car door. Since none of the cars is in motion, the insurer has the right to refuse to pay the victim.

Instructions for car owners after an accident

Here are the actions that should be taken by the policyholder in the event of an insured event under a compulsory motor liability insurance policy in order to receive 100% of the due remuneration:

Setting a date for the examination. Until this point, it is strictly prohibited to carry out car repairs. Based on the results of the technical inspection, a report is drawn up reflecting the amount of insurance compensation.
Direct compensation for losses in cash (to the policyholder’s bank account or through a cash register) or in kind (repairs).

So you have learned what to do after an accident in order to receive an insurance payment. After reviewing the documents submitted by the applicant, the Investigative Committee will decide whether the road incident is insurable or not. In any case, the insurer is obliged to respond no later than 20 days from the date of the client’s request. If the insurance company refuses to compensate for the damage, but you are sure that the damage received is subject to compensation, you can contact the RSA or the court.

They have restrictions; the amount of compensation for damage almost always falls within the prescribed limit.

The maximum compensation for losses is 400,000 rubles. If , insurers pay compensation to both, depending on the degree of guilt. If the parties disagree, the court determines the level of responsibility and, accordingly, the amount of payments.

Important points:

If cars are damaged as a result of an incident, and each driver has a valid policy, a claim for compensation is submitted to their insurer.
If people are injured, a claim is submitted to the insurer of the culprit.
If the insurance company is deprived of its license, payments are received by the RSA.

Rules of conduct in case of an accident

If you get into an accident, the main thing is not to panic and act as follows:

Do not move vehicles, turn on the hazard lights and do not touch objects related to the accident. Neglecting the rules will lead to unpleasant consequences: for example, a fine for the absence of an emergency sign (Article 12.27 of the Code of Administrative Offenses of the Russian Federation).
Make sure that there are no injuries, and if someone is injured, provide first aid and call an ambulance. In cases of urgent need, you need to take the victim to the nearest hospital and then return to the scene of the incident.
The road must be cleared so that other vehicles can continue driving. Organize a detour and, in front of witnesses, record all traces of the accident and the position of the cars. Modern video cameras and phones allow you to take pictures of braking marks, all damage to the vehicle, the scene of the accident, etc.
Call the traffic police and wait for their arrival, monitoring the situation at the scene of the accident. If there are witnesses, their data is collected.
Necessarily ( ?). The telephone number is usually placed in the upper left corner of the policy on a stamp (on a special embossed sign). Company employees can also help call all necessary services (police, medical assistance). They immediately provide advice on priority actions, register an insured event, and accept an application for arrival emergency commissioner and call a tow truck if necessary.

You will find more information about what to do and where to go after an accident under compulsory motor liability insurance, and information has been collected on what to do if an insured event occurs under compulsory motor liability insurance.

Registration procedure

The procedure for compensation for damage to health in an accident under compulsory motor liability insurance is described in.

You can issue documents without police officers in the following situations:

The accident only caused damage to property.
Two vehicles are involved in an accident, and both owners have valid MTPL policies in accordance with the Federal Law “On Compulsory Civil Liability Insurance of Vehicle Owners” (we talked about what to do if the victim in an accident does not have MTPL insurance, and in it is said that if the culprit does not have a policy).
Car owners have no disagreement in determining the cause of the incident, the amount of damage and the amount of compensation. All information is recorded in notices filled out by drivers on site. The notice indicates the circumstances of the incident, its diagram, the entire list of visible damage, and then puts a signature.

This registration method allows the victim to receive no more than 25,000 rubles in compensation from the insurer. In addition, the car owner has no right to present any additional demands to the insurance company in such a situation. But, if the consequences of harm caused to the driver’s health during an accident appeared later, then the victim has the right to submit an application to the culprit’s insurer for compensation.

If, when issued without the participation of police officers, discrepancies or contradictions are found in the notices, the insurance organization appoints an examination to clarify the circumstances and damages.

Registration with police officers occurs in such cases:

There are disagreements between the participants regarding the causes and visible damage.
One of the drivers refuses to sign the accident notice.
Losses due to the accident exceed the amount of 25,000 rubles.

The figure schematically shows the roadway, the location of the cars, and all the details and objects related to the accident. Photos should be taken no later than an hour after the incident.

Important! You cannot agree to the wording “minor damage to property”, because the payment will be underestimated, and it will be difficult to hold the culprit accountable. You must be careful and do not sign documents without a diagram or with free lines. Later, there may be entries that do not correspond to the collected evidence.

Take advantage of our online calculator to calculate compulsory motor liability insurance online - compare prices from various insurance companies. Save from RUB 1,498 to RUB 3,980 as the base rate may vary by 20%. No need to go to the office - you will receive an insurance policy to your e-mail

Culprit

The culprits are often drivers who have no driving experience. Therefore, during an incident, they become confused or panic. Since the fact of guilt can only be proven through court, there is no need to sign dubious documents at the scene of the accident. It is better to formalize everything in the presence of an employee of the insurance company.

About how to receive payments under compulsory motor liability insurance if the culprit fled with accident scene or was not defined, we told.

Entering at checkout

policy;
vehicle registration document;
certificate of accident from traffic police officers.

Information about writing an application for an insured event under compulsory motor liability insurance and information about other necessary documents you will find, and the procedure for the actions of the culprit and the victim to receive payments under compulsory motor liability insurance is described.

Special cases

The car cannot be restored

A car is considered lost if it is impossible or the cost of restoration work is equal to the price of the vehicle at the time of the accident (clause 18, article 12 of the Federal Law “On Compulsory Motor Liability Insurance”). The fact that the car was destroyed is determined by the expert conducting the inspection. He takes into account the cost of all damaged spare parts, and then compares it with the average market price of a given car brand.

Only the victim receives compensation for the loss of a vehicle.. In such a case, the culprit will be left with nothing. The payment is the price of the car at the time of the accident within the insurance limit. But if the full cost is paid, the insurance company has the right to take the wrecked vehicle for itself (Article 1102 of the Civil Code of the Russian Federation). The car is given to the insurer after receiving compensation.

Article 1102 of the Civil Code of the Russian Federation. Obligation to return unjust enrichment

A person who, without those established by law, otherwise legal acts or through a transaction on grounds acquired or saved property (the acquirer) at the expense of another person (the victim), is obliged to return to the latter the unjustly acquired or saved property (unjust enrichment), except for the cases provided for in Article 1109 of this Code.
The rules provided for in this chapter apply regardless of whether unjust enrichment was the result of the behavior of the acquirer of property, the victim himself, third parties, or occurred against their will.

In case of a traffic accident with a pedestrian

An accident involving a pedestrian also falls under the scope of liability of MTPL insurance. The policy guarantees that damages will be compensated to each victim in an accident. The insurer of the driver at fault in the accident is obliged to compensate for the costs of treatment or loss wages. If a pedestrian is found to be at fault, he has no right to claim compensation.

If serious harm to health is caused, it is envisaged to involve criminal liability. If the victim is seriously injured and cannot come to the Investigative Committee’s office, his relatives provide documents to process and receive compensation. You will also need to provide an extract from your medical card and receipts for medications.

According to the rules of compulsory motor liability insurance, the amount of money for causing harm to human health and life should not exceed 500,000 rubles. If this amount is insufficient, you can demand the necessary funds by going to court.

If a driver has the misfortune of being involved in an accident, it will be extremely important to behave correctly when reporting the incident. After providing assistance to victims, you must immediately contact representatives of your insurance company. They are obliged to help and advise the driver on further actions.

If during the proceedings questions arise related to an insured event, there is an automobile help desk where experienced consultants answer questions from drivers around the clock. If the cars were badly damaged and the insurer has the opportunity to get a refund, you need to go through the full registration process.

Road accidents are stressful even for experienced drivers. In this state, a person does not always make correct, thoughtful decisions. This is used by the so-called “automotive lawyers” who offer their services at the scene of an accident. Consult with our specialists by phone before signing any documents from “automotive lawyers”.

Under the compulsory civil liability insurance policy (MTPL), we provide compensation for damage to the injured party. Federal law"About compulsory insurance civil liability of vehicle owners" No. 40-FZ establishes the maximum payment amounts:

up to 50,000 rubles, if the accident was registered until June 2, 2018 two participants independently, without the participation of traffic police officers (registration according to the European protocol);
up to 100,000 rubles for mechanical damage to the vehicle, if the accident was registered after June 2, 2018 two participants independently, without the participation of traffic police officers (registration according to the European protocol). Conditions for payment if there are disagreements between participants in an accident provided in accordance with clause 5. Art. 11.1 Federal Law “On Compulsory Motor Liability Insurance”;
up to 400,000 rubles for mechanical damage to the vehicle each victim;
up to 400,000 rubles for property damage each victim, for example, luggage/cargo, road infrastructure (signs, traffic lights, stop pavilions public transport, fencing, etc.), various buildings, fences, etc.;
up to 500,000 rubles for causing damage to life or health to every victim.

Compensation for damage from your insurance company

If you are recognized as an injured party as a result of an accident, then you need to contact your insurance company for compensation for damage under the MTPL policy; this is called direct compensation for damage. To compensate for the damage received, your insurance company must meet three conditions (depending on the date of occurrence of the insured event):

The accident occurred as a result of a collision of only two vehicles (the trailer is considered part of the vehicle);
both participants have valid MTPL policies.

in the accident, damage was caused only to vehicles (no people or other property were injured);
The accident occurred as a result of a collision between two or more vehicles (the trailer is considered part of the vehicle);
all participants in an accident have valid MTPL policies

Compensation for damage from the culprit's insurance company

If at least one of the conditions for “direct compensation for damage” is not met, then you must contact the insurance company of the person responsible for the accident for compensation.

Information for victims

For injured persons, including those in the region of residence where we do not have our office, we offer the opportunity to report an insured event by e-mail, or by exchanging the necessary documents electronically using our. To do this, you need to send copies of all necessary documents by email to the following address: (document format PDF or JPEG; no more than 5 MB per letter), or submit them using our (file formats: pdf, jpg, jpeg, bmp, png, tif, gif., the maximum size of each file is no more than 2 MB.). After preliminary verification of the documents, within three days a response will be sent to your email address regarding the compliance of the provided documents with the requirements. If the documents provided are sufficient, then the original documents must be transferred to our office, and if there is no office in your region, send the original documents by Russian Post to our address to compensate for the damage received.

Refund Methods

In accordance with the Federal Law “On compulsory civil liability insurance of vehicle owners” No. 40-FZ for contracts concluded after 04/28/2017:

Insurance compensation for damage caused for a passenger car owned by a citizen and registered in Russian Federation, is carried out (except for the cases established by clause 16.1 of this article) in accordance with clause 15.2 of this article or in accordance with clause 15.3 of this article by organizing and (or) payment refurbishment damaged vehicle of the victim (compensation for damage caused in kind).

Most owners of iron horses have been involved in an accident at least once in their lives through their own or someone else’s fault. It’s good if everything went away with scratches and minor bruises, without harm to the life or health of the driver and passengers.

Before the introduction of compulsory liability insurance for those driving in our country, citizens injured in accidents were forced to sue for years to receive any money to improve their health and repair their car. The innovation has taken root well and thanks to it, the process of protecting the rights of car owners has become much easier and faster.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

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In accordance with the concluded insurance contracts, the responsibility for the culprit of the accident rests with the insurance company.

Overview of main conditions

Insurance payments must be made at the expense of the insurance company and represent monetary compensation designed to reimburse the expenses of the injured person during an accident to improve his health and restore property.

The refund procedure is provided legislative acts in this area, the Federal Law “On compulsory civil liability insurance of vehicle owners” and the OSAGO Rules, as well as the basic norms of the Civil Code of the Russian Federation and the provisions of a separate agreement that is concluded with each car owner.

Currently, the maximum amounts payable for an insured event under compulsory motor liability insurance in 2020 are: 400,000 rubles in case of damage to property and 500,000 rubles if a person is injured.

The conditions under which non-alternative direct compensation for damages is possible consist of the following provisions:

Only two and no more vehicles are involved in the accident, the trailer is considered part of the vehicle and is subject to the requirement;
both drivers are insured and have valid MTPL policies, and were also driving the car specified in the contract;
damage was caused only to vehicles involved in the accident.

In all other situations, when harm is caused to the health of other persons, or three or more cars collide at once, you must contact the insurance company of the person responsible for the accident.

The MTPL Law provides for direct compensation for harm, which means the injured person has the opportunity to contact his or her insurance company.

Conditions excluding compensation for damage under compulsory motor liability insurance

The company that has insured the liability of the person who caused harm in the event of an insured event, which is considered to be an accident involving a party under the MTPL agreement, must conduct a thorough check of all the circumstances of the incident and make the right decision.

Most contracts concluded by insurance companies are drawn up in accordance with the MTPL Rules and prescribe the impossibility of claiming damages in the following cases:

if the driver was driving a car that was not included in the contract;
when trying to compensate for moral damage;
recovery of lost profits, for example claims for lost income from the use of a taxi or other special transport;
if damage occurred when using the car in competitions, driving lessons or vehicle testing;
committed environmental violation of natural objects;
the occurrence of liability for incorrect transportation of cargo that caused damage (in such cases, another insurance contract must be concluded);
if the accident resulted in the loss of health or death of an employee performing work duties (in such situations, other rules and laws apply);
if damage has occurred to the vehicle, its trailer or equipment, cargo placed on the vehicle as a result of the driver’s actions;
if the accident occurred during loading and unloading operations or in a fenced area of an enterprise or base;
when causing damage to property in the form of antique and other valuable items, objects of historical and cultural heritage, as well as scientific, literary works(in such cases, the size and scope of damage can only be established by a court).

If the amount claimed by the victim exceeds the permissible limit of insurance compensation, then everything accrued in excess of the limit must be recovered in court.

How to act in case of insurance cases under MTPL

All contracts concluded by vehicle owners with an insurance company are accompanied by instructions on how to behave in the event of an accident. It is necessary to carefully read the recommendations and behave in accordance with the advice given, otherwise it will be very difficult to prove your innocence, which in the future may affect the ability to receive insurance amounts.

What to do?

The very first thing you need to do is stop immediately and under no circumstances try to continue driving, even if it creates a traffic jam and interferes with other drivers. We turn on the hazard warning lights and place a warning triangle at a short distance.
We get out of the car and inspect the accident scene for injured persons.
We call the police and record the time of the accident; if there are injuries to passengers or pedestrians, we call an ambulance.
We contact the witnesses and write down their names and coordinates.
If visually the damage is small and there are no casualties, you can call emergency services or, together with the second participant in the accident, draw up a diagram of the incident and drive to the nearest traffic police department. It must be taken into account that self-fixation is possible if the amount of damage is no more than 50,000 rubles, otherwise the insurance company may refuse to pay.

Collection of documents

To receive funds in full on time, you will need to collect the necessary funds and submit them to your insurance company.

The list of all papers that must be submitted to an employee considering the possibility of payments under compulsory motor liability insurance consists of the following items:

notification of an accident, drawn up together with the second participant;
a certificate from the traffic police in the appropriate form;
copies of the protocol on the administrative offense and the resolution on the case, signed official traffic police;
a receipt for payment for tow truck services if the vehicle could not move independently;
documents confirming the costs of restoring damaged property;
documents for the vehicle, in cases where it belongs to another person, attach a power of attorney;
bank details for payment.

Registration

No later than 15 days from the date of the accident, you need to submit an application to your insurance company, which must notify its colleagues from another insurance company that has entered into an agreement with the second participant.

The review period is 30 days, after which, the insurer is obliged to make all payments on the basis of the submitted documents, having previously carried out the appropriate verification.

Expertise

To determine the amount of damage, the insurance company appoints to inspect the vehicles involved in the accident. The car must be presented within 5 days from the moment the application is submitted to the insurer.

If the representative and the victim, after inspecting the car, independently agreed on the amount to be paid, then it must be recorded in the act, otherwise an independent expert appraiser must be involved.

All interested parties have the right to be present during the examination.

The results of the examination and the expert’s conclusions must be set out in a report on the assessment of the damage caused, which is the basis for calculating the insurance payment.

Parking situation

Very often, by parking in specially designated areas near shopping centers or near your office, you can become an unwitting participant in an accident. Upon returning to his car, the owner may find scratches, chips or other damage that clearly indicate that someone damaged your car with their car.

You need to leave everything as is, and send a notification to the insurer and the further registration procedure should be carried out according to the following scheme:

calling the traffic police and drawing up a report on the incident;
find out whether filming is taking place in the parking lot and ask for a copy of the recording;
collect everything necessary documents and contact your insurance company.

Since this case does not fall under the criteria of situations that are not considered insurable and are not subject to payment, the insurer’s refusal will be invalid if he tries to justify this by the fact that everything happened in the parking lot and not while driving.

The illegal actions of the insurance company must be appealed in court.

Arguments for refusal

Insurance companies, under any pretext, are trying to refuse direct compensation for losses under compulsory motor liability insurance and send the tortfeasor to the insurer, which is contrary to the law.

However, there are justified arguments for refusal, which include:

if there are victims who have suffered harm to their health or life (drivers, passengers, pedestrians);
if there were more than two vehicles involved in the accident;
if the second one participant in an accident there was no MTPL policy or its validity period expired;
if the victim applied for compensation to the company of the culprit;
if a notification of an accident has not been submitted.