Compensation for damage under compulsory motor liability insurance in case of an accident - determination of damage and payment limit

Having an MTPL insurance policy guarantees that damage caused to other persons as a result of an accident will be compensated. Despite this, every driver should know what OSAGO covers in case of an accident, as well as the amount of compensation that you can count on. Receiving an insurance payment is always associated with a certain number of features and conditions, which insurance companies often use to reduce the amount of payments.

Enshrining the provisions on compulsory motor liability insurance in law is not yet an absolute guarantee of receiving payment. There are many nuances that directly affect the determination of the amount of payment, as well as its provision.

Characteristics of the insurance policy

Having an MTPL policy is mandatory for every driver. Insurance is issued for a period of no more than a year and requires constant renewal. An insurance policy is issued for a specific car, and specific drivers are included in it. Insurance rules apply only to legal users, so having an invalid MTPL policy does not protect the driver. There is also open insurance, which allows any number of drivers to drive.

If there is no policy or if it is invalid, the driver will not be able to register the car with the state. In addition, the department in this case is punished with fines of up to 800 rubles. The most significant consequence is the lack of insurance for your civil liability on the road. This means that the driver will be responsible for all and any damage caused.

IMPORTANT !!! An issued policy guarantees that in the event of an insured event, the damage will be compensated at the expense of the insurance company. The main nuances of receiving payments are related to insurance cases, which are subject to strict requirements. Therefore, it is not always possible to obtain compensation from the insurance company.

Today, compensation can occur in two ways: repairing the damaged car, or paying a sum of money. The first option always has priority, but in certain cases a payment is made. This rule was established in 2021 to reduce the number of cases of insurance fraud, but for ordinary drivers such changes cannot be called positive.

Is it possible to simply drive away from the scene of an accident?

Based on the above, we can safely assume that it is better not to register a minor mutual accident at all. Judge for yourself - if each car has damage, for example, of 5,000 rubles, then everyone will receive half of this amount, and even at the expense of KBM, the cost of insurance will be higher over the next few years. Obviously, in total it will cost more than 2,500 rubles. Add traffic police fines for violations to this.

It turns out that it’s better not to contact anyone’s insurance company at all and not to file such an accident and just go on with your business? Almost like that, but it’s better to still file an accident and, most often, even get a fine.

The thing is that in the end it can cost more if the traffic police find out that there was an accident and you fled from it. This threatens deprivation of rights for a long period. Do you think this is unlikely? Now imagine an unscrupulous second participant in the accident, who thus decides to get rid of the “double-deal” by the fact that in the future no one will deal with the circumstances of the accident or he will hide his guilt.

That is, the possible scenario here is something like this:

1. for example, you were involved in an accident due to speeding and failure to yield,
2. decided to part ways, deciding that both were at fault and due to minor injuries,
3. the second driver returns to the scene of the accident and calls the police,
4. they file an accident and then charge you for leaving the scene of the accident,
5. at the same time, the very fact of hiding, of course, does not make you the culprit, but in some cases such fraud will allow the second participant to hide his guilt (for example, give “correct” testimony and move the car).

What to do in this case? There are actually a lot of options.

• You can indeed drive away, but write a receipt that there are no casualties in this accident, and you do not need to register the incident. Traffic regulations provide such an opportunity. But please note that clause 2.6.1 of the Rules requires that for this to happen, the conditions for issuing a European protocol must be met.
• You can write a European protocol, agreeing that none of you will apply so that the MSC does not increase. Here, of course, there is also a basis for deceptive actions.
• You can file an accident with traffic police officers, but also do not contact insurance companies for payment of damages. However, in this case, the arriving officers will issue fines for violations that led to a mutual accident.

Insurance cases

Compensation for damage occurs only upon the occurrence of an insured event. In any other situations, the insurance company has the right to refuse to fulfill obligations.

If we generalize all situations, we can give the following definition of an insured event. An insured event is the emergence of grounds for civil liability in the event of damage to property, life and health of people. The MTPL policy covers only the damage that was caused in a traffic accident. The occurrence of an insured event is the basis for providing compensation to the victims.

However, not any harm can be regarded as an insured event.

The law establishes that compensation under the compulsory motor liability insurance policy is not made in the following situations:

• driving the car was illegal (the driver was not included in the insurance policy);
• for causing moral damage, as well as for lost profits of the victim;
• if the harm was caused as part of educational, extreme or professional driving;
• the accident causes significant harm to the environment;
• the damage was caused as a result of the impact of the cargo transported on the vehicle;
• if the victim has a special type of insurance. For example, social, labor. In this case, payment occurs according to special rules;
• if damage was caused to your car, or to yourself as a result of mistakes made;
• As a result of the accident, rare cultural, religious and other values ​​were damaged;
• the amount of damage caused is above the established limit. In this case, a judicial penalty occurs from the person found guilty.

ATTENTION !!! From the above it is clear that not in all cases the driver will be able to count on receiving insurance compensation for causing harm.

In practice, there are often controversial situations in which it is difficult to determine whether an insured event has occurred. If the driver and other third parties are interested, they can file a claim with the insurance company, and if the claim is refused, file a claim in court.

When the policy does not help: non-insurance cases under MTPL

We list a number of situations in which the insurance company has the right to refuse compensation to the injured party:

• The offender’s compulsory motor liability insurance does not include the vehicle in which he caused the damage. The culprit of the accident pays all the expenses of the victim himself;
• The victim demands compensation for moral damage. Such issues are resolved in court;
• The accident occurred during testing, driving instruction or competition;
• The culprit caused harm to nature;
• The vehicle was damaged during unloading or loading;
• The driver intentionally caused damage;
• Damage was caused to material assets;
• The accident happened abroad;
• Insufficient package of documents, documents have expired;
• Bankruptcy of the insurance company;
• The victim was drunk or under the influence of drugs at the time of the accident;
• The accident occurred due to natural disasters or an accident;
• The damage was caused by a nuclear attack;
• A war (world, civil) has begun;
• The cause of the destruction was popular unrest.

What is considered harm

Any insurance payment provides compensation for damage caused.

Regarding compulsory motor liability insurance, harm may be as follows:

• property, when cars and any other things are damaged, including persons not directly involved in the accident;
• harm to people's health. Any person injured in a specific accident can count on compensation for damage caused.

However, not all harm will be compensated. The category of property damage includes the so-called lost profits, when, due to an accident, a person was unable to receive benefits in the future or lost them. For example, a bus ticket was expired due to an accident. The insurance company is not obligated to compensate for such losses.

IMPORTANT !!! Moral damage, which is not subject to compensation under the compulsory motor liability insurance policy, should be distinguished from personal injury. Moral damage is any moral and physical suffering that a person received as a result of an accident. Almost any adverse consequences can fall under the category of moral damage. For example, pain arising from injury, or increased nervousness, insomnia. A prerequisite is that these consequences arise precisely because of an accident.

The insurance company will not make payments for either lost profits or moral damages. For both types of liability, the person responsible for the accident is fully responsible. To do this, the victim must file a claim with evidence and indicate the amount of harm caused. Based on all objective circumstances, the court will decide on the award of compensation.

What can you get payments for under compulsory motor liability insurance?

Insurance organizations sometimes try to save on compensation. Therefore, it is so important to know the main signs indicating such an insured event, the likelihood of payment and insist on compensation for damage.

Count on compensation for damages when:

• The car that caused the damage has an insurance policy;
• The victim and the culprit have been identified. The person who caused the harm is held accountable under the Civil Code. And the company that insures the culprit will compensate the victim for the costs of car repairs and restoration of health.

Amount of insurance payment

When an insured event is established, the organization is obliged to make payments to the injured party. However, the maximum amount under the MTPL policy is limited by law and in 2021 is no more than 400 thousand rubles for damage caused to property and 500 thousand rubles for damage to life and health. These amounts are the maximum permissible, beyond which all payments fall on the culprit of the accident (however, there are exceptions to this rule).

The insurance company must determine the amount of payment. For this purpose, examinations are appointed and calculations are carried out. Based on all the data received, a decision is made to pay compensation in a certain amount. In the case of a car, it is possible to provide repairs for a set amount. Very often, insurance companies try to reduce the amount of payments as much as possible. If interested parties disagree, the decision can be appealed in court.

Fine if there is no compulsory motor liability insurance or compulsory motor liability insurance is not for taxis

The insurance certificate must indicate that the vehicle belongs to a taxi fleet. Below are the cases when the driver will pay the fine:

• No compulsory motor liability insurance on a taxi – up to 500 rubles.
• The car is not insured at all - up to 800 rubles.
• The insurance policy has expired - up to 800 rubles.
• The driver's name is not on the insurance certificate - up to 500 rubles.

When a taxi driver has insurance for a regular car, such a step is regarded as the absence of an insurance policy. And if we add to this the lack of a license for this type of activity, the fine will be up to 5 thousand rubles. If there are no taxi signs on the car, an individual will have to pay a fine of 5 thousand rubles, and a legal entity will have to pay a fine of 500 thousand rubles.

Types of compensation under OSAGO

The insurance company has the right to provide compensation in the form of property repairs, or by providing payment for independent use. If the damage was caused solely to the car, in most cases the insurance company will offer to carry out repairs at its expense.

Most drivers do not like this option due to the large number of features. There is a rule according to which you cannot install a worn-out part, so be sure to purchase new spare parts. For some cars, this can cost more than half the cost of the vehicle itself (especially true for older cars). In addition, you will not be able to choose a service yourself and repairs will be carried out at service stations offered by the insurer.

Despite this, there are situations when compensation must be in cash:

• the car cannot be repaired, or it is as unprofitable as possible. Such an opinion must be given by experts, and the decision is made by the insurance company itself;
• it is impossible to carry out repairs in the established amount, and the driver refuses to pay on his own;
• in case of failure of the insurance company to fulfill its obligation to make repairs within the prescribed period, or when it is impossible to carry out repairs;
• upon reaching an agreement between the parties, if the insurance company is ready to accommodate the victim. This usually happens when the victim’s financial situation is difficult;
• if people died as a result of an accident. Relatives of the deceased have the right to receive payment from the insurance company.

In the latter case, as well as in the case of harm to the passenger, an explanation was given by the RF Armed Forces, which should be considered separately.

What does OSAGO cover?

What insurance events does OSAGO cover?

1. If the policyholder's fault is proven, the insurer pays part of the losses, however, the amount cannot exceed the limit established by law.
2. If another driver is at fault for the accident, then the decision on how much OSAGO covers in the event of an accident is made by the insurance company. If the amount of payments does not cover the costs, then the guilty party will compensate for the difference.

Data on which insurance events are fully covered by compulsory motor liability insurance can be gleaned from the following list:

• if the driver hits a person and injures him,
• caused damage to vehicles,
• damaged the object, caused harm to other people or animals.

How are payments made?

In any case, insurance allows you to avoid major losses, regardless of the degree of guilt of road users. Calculations are made according to the Rules on Insurance Payments. Since 2014, the period is limited to 20 calendar days from the date of application, and for holders of earlier policies - 30 days. If a negative decision is made, the applicant is notified in writing. If the amount of material compensation or the timing of repayment of losses is unacceptable, then the car owner has the right to send a statement of claim to the court.

Nuances of OSAGO

1. Not everyone knows that a car with high mileage is deducted a percentage for wear and tear when paying out insurance. 2. The driver must provide:

• documents - PTS and STS,
• rights,
• certificate from the traffic police,
• expert opinion on damage,
• check,
• statement.

3. During the year, the insurance company may pay the insured amounts several times, however, the insurance should not be higher than the total payments specified in the policy. 4. In order to avoid an excessive number of claims for disproportionate payments for repairs, amendments were made to the law to provide for car repairs at service stations.

There are situations to which the actions of compulsory motor liability insurance do not apply.

• in case of forgery or theft of the insurance form,
• in case of damage to objects using a vehicle not specified in the contract;
• when conducting exercises in special places,
• in case of losses caused by one’s own operation of the machine;
• in case of air pollution charges,
• in case of a pre-planned insurance situation, the author of which is the owner,
• during loading and unloading, etc.

To understand the correct algorithm of actions, you should study all the restrictions indicated on the site.

Why is it worth applying for compulsory motor liability insurance online in our company? Our advantages

The obligation to purchase compulsory motor insurance forces us to find optimal ways to solve the problem, giving preference to companies with a good reputation and stable operation. Registration of a policy on the Internet is a new service that significantly simplifies the process. The convenient and high-quality service we provide is not available to all agencies, since additional verification of vehicle owners requires significant costs. Among the undeniable priorities of cooperation with us are:

• ease of ordering a policy,
• eliminating pressure from interested parties,
• receiving discounts on services,
• availability of fresh and reliable information,

We, like all reliable companies, move with the times in sync, and for this purpose we have created a web resource that allows us to provide clients with maximum assistance in obtaining a policy. Having a program for calculating insurance will allow you to calculate your capabilities and make the right decision.

The most important indicator of the success of an organization is its reliability, determined by the results of its work, the opinions of users and reputation. And we are coping with this task successfully. Contact our representatives who provide 24-hour services to visitors.

Receiving compensation

Any person who suffered damage as a result of an incident can receive insurance compensation. In this case, it does not matter whether they have a valid MTPL policy, since all payments are made by the insurance company of the guilty party.

ATTENTION !!! The obtaining procedure is quite simple, but has some features. It consists of preparing and submitting all necessary documents to the insurer, who reviews and makes a decision within the period established by law. If the interested party disagrees with the decision, it can be appealed in court.

The payment made in favor of the injured passenger has a certain feature. In this regard, an explanation was given by the RF Armed Forces, according to which two insurance companies must compensate for the damage at once. It does not matter which party was at fault for the accident. The claim is filed both by the person at fault for the accident and by all other participants.

If the accident results in death, the right to receive compensation passes to the relatives of the deceased. They make demands on each participant in the accident, as a result of which the total amount of payments can be increased by 2 or more times. Despite the maximum amount under compulsory motor liability insurance of 500 thousand, each insurer will only be able to receive 475 thousand rubles. This is due to the mandatory payment for the funeral, which amounts to 25 thousand rubles. Since this type of damage is material, it will be paid jointly.

Is it possible to issue a European protocol in case of a mutual accident in 2021?

Yes. Mutual guilt in an accident does not in any way limit the right to fill out a European protocol notice without traffic police officers. But the following conditions must be met (from Article 11.1 of the law):

• Only 2 cars should be involved in an accident - no more and no less,
• both have valid MTPL insurance,
• damage was caused only to cars (not to other property or health),
• there was direct contact between the machines,
• the limit of 100 thousand rubles has not been exceeded (you will not receive more) or 400,000 if issued using the application,
• There are no disagreements regarding the circumstances of the accident.

Pay attention to the last point. In practice in 2021, it means that both participants must admit their mutual guilt. Although the law does not directly indicate this, however, insurers often refer to the admission of guilt as a disagreement.

Procedure for contacting an insurance company

There is a recommendation according to which documents must be submitted within the first 5 days from the date of the accident. This is not mandatory and there are no penalties for violating the deadline. It is also impossible to refuse compensation if the documents were submitted later.

The claim is made to the insurance company of the person responsible for the accident, regardless of the circumstances.

The following package of documents must be attached to the application:

• identification;
• a document confirming the fact of the accident. If the registration was carried out by a traffic police officer - a certificate issued, if independently - a European protocol;
• documents for the car, registration certificate;
• bank details to which the compensation amount should be transferred.

IMPORTANT !!! Since the law does not establish special deadlines for receiving payment of compensation, general civil deadlines are applied to insurance legal relations. You can submit documents no later than 3 years. However, in exceptional cases the period may be extended.

The insurance company may refuse to provide compensation or significantly reduce the amount of payment. In practice, such decisions are made quite often. If you disagree with the decision, as well as if there is evidence, a judicial appeal is possible. However, you should first try pre-trial proceedings and present a claim to the insurance company. Since insurance disputes are a complex procedure, it will be problematic to understand all the nuances on your own. To increase the chances of a positive resolution, you should seek legal assistance from specialists.

Which insurance companies insure taxi-OSAGO

The following companies provide MTPL insurance for taxis:

1. Auto Plus.
2. Alpha insurance.
3. Rosgosstrakh.
4. SOGAZ.
5. Renaissance insurance.
6. Tinkoff.
7. Ingosstrakh.

If you submit a request for taxi insurance yourself, the insurance company may impose additional conditions. For example, inspecting a car at the appointed time.

SC table

Judicial practice in mutual road accidents

Let's, in addition to the Supreme Court, look at the practice of ordinary courts in considering such cases, looking at a couple of examples.

• In Bashkiria, the court made an interesting conclusion. In 2021, the maximum payment limit for property under compulsory motor liability insurance is 400,000 rubles. So, the judge indicated that in case of mutual guilt in an accident, the maximum amount should be taken into account not in the calculation, but in the final payment amount. That is, if the insurance company has calculated the damage at 500 thousand, and the degree of fault is 50%, for example, then it will pay 250 thousand, and not 50% of the maximum limit - that is, 200 thousand.
• In the Tula region, the court made a decision in the case of an accident when 2 cars were moving in reverse and collided. At the same time, they violated clause 8.12 of the traffic rules. The current Code of Administrative Offenses of the Russian Federation does not provide for punishment for this violation. Therefore, the inspectors who arrived issued a ruling refusing to initiate a case. Based on this refusal, one of the participants tried to challenge mutual guilt. However, this failed, since the court found that both violations led to the accident, and the refusal to initiate a case does not entail the abolition of guilt.
• We recommend reading in full another interesting court decision in the Kemerovo region. There is a non-contact accident with an attempt by the victim to contact his insurance, and an appeal of mutual guilt, when the driver was accused of speeding (and the other was accused of changing lanes).

Features of Russian compulsory insurance

Compulsory car insurance for residents of many European countries has been a common procedure since the middle of the last century. Motorists in the Russian Federation learned about compulsory motor vehicle liability insurance only in July 2003, when the corresponding law came into force. Until this moment, vehicle owners could enter into an agreement with insurance companies at their own request, that is, voluntarily. If we compare compulsory motor liability insurance in the Russian Federation with other countries, in the domestic one we can highlight some nuances:

• rules and tariffs are established by the Government and the Central Bank of the Russian Federation;
• both in European countries and in Russia, compulsory motor liability insurance contains the concepts of “Euro protocol” and “direct compensation”. In the event of a minor accident, the policyholder, thanks to the European protocol, can receive compensation from the insurance office without contacting the State Traffic Inspectorate. Direct compensation allows those involved in an accident to go to their insurance companies, rather than to the insurer of the person at fault, but only in cases where no more than two cars were damaged as a result of the accident and there were no injuries. In addition, both car owners must have an MTPL policy. The difference between Russian compulsory car insurance for a long time was that direct compensation was an alternative, which cannot be said about Europe (there direct compensation was and is no alternative). OSAGO in Russia gave the driver the right to choose between his insurer and the insurance office of the person responsible for the accident. However, such freedom of choice very often turned against the victim, because insurers tried to send him to other insurance companies. This shortcoming of Russian direct reimbursement was corrected in August 2014 by amendments to the relevant law;
• There are discounts for trouble-free operation. For example, if a year has passed without any accidents, then a 5% discount is due. However, in the event of a road accident, the premium increases depending on the number of accidents caused by the driver for whom the policy is issued.

What does MTPL provide in case of an accident?

By design, the car insurance saves the driver from all or most of the consequences in the event of an accident.

For the victim, this means compensation, sometimes partial, for losses, and for the culprit it reduces the burden after an accident.

According to the law, payments under compulsory motor liability insurance go to:

• restoration of damaged property;
• compensation for lost health and life.

Moral damage is not subject to payment under compulsory motor liability insurance; we are only talking about restoration and compensation for what was lost in a car accident.

It is important to note that after an accident, the at-fault party’s insurer pays the victim.

The instigator of the accident also usually needs repairs, but under OSAGO he is not entitled to money for this - he must pay either from his own pocket or through other insurance, in particular, CASCO.

The essence of OSAGO

The MTPL policy is motor third party liability insurance. In the event of an accident, the costs of the injured party will be reimbursed by the insurance company of the culprit. Therefore, in this case, the question of how to receive insurance payments is relevant for the injured party. Even if you are a careful driver, you can become involved in an accident. The amounts specified in the insurance contract are quite large, but in order to receive payments you need to know the procedure to follow in the event of an accident and after.

You can purchase compulsory motor third party liability insurance from reliable insurance companies at a profit at POLIS812. Applying for a policy online will take no more than 15 minutes, and within 24 hours your car will be officially insured and entered into the RSA database.

What to do if the cost of restoring a car under compulsory motor liability insurance exceeds the insurance compensation

The Civil Code of the Russian Federation in Article 1064 in paragraph 1 obliges to recover the missing amount from the culprit of the accident.

Before contacting a judicial authority, the person responsible for the accident must submit a written demand for compensation for the damage caused. This stage is not mandatory, and yet it is better to adhere to it, since it can greatly facilitate the receipt of the missing funds and save your time and effort.

If the person at fault in the traffic incident has not responded to the appeal, then you can safely go to court. In this case, it is better to proceed in the following order.

Stage 1. Obtaining documentary evidence of the amount that will be indicated in the claim

First, it is necessary to obtain a conclusion after an independent technical examination. To obtain this document, you must contact the appropriate organization or qualified specialist. Cooperation must be carried out on the basis of an agreement. The list of expert technicians can be found on the official website of the Ministry of Justice of the Russian Federation.

In a dispute with someone responsible for an accident, the wear and tear of parts installed in place of damaged parts may not be taken into account. This is stated in the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 25 in paragraph 13. Evidence of the amount of damage can be documents on the repairs performed for which payment was made: checks, payment orders, certificates of work performed, etc. In court, the question may arise about the existence of connections between the restored damage and the accident. This may require forensic examination.

The victim has the right to demand compensation for both the damage caused to the vehicle and the costs of storing the car in the parking lot, conducting an examination and legal costs. This is regulated by Resolution of the Plenum of the Supreme Court of the Russian Federation No. 1 of January 21, 2021 in paragraphs 2 and 4.

Stage 2. Preparing a claim and filing it in court

The application should be sent to the court at the place of residence of the person responsible for the traffic accident (Civil Procedure Code of the Russian Federation, Article 28). The claim must contain the essence of the problem and a requirement to receive the difference between the amount of actual damage received (based on the result of an independent examination) and insurance compensation.

The Code of Civil Procedure of the Russian Federation in Article 132 and the Tax Code of the Russian Federation in Article 333, paragraph 19 establishes the necessary documentation:

• copies of documents that confirm the filing of a pre-trial claim by the guilty party;
• a copy of the report on the occurrence of the insured event;
• a document confirming payment of the state fee;
• copies of documentation that confirms ownership of vehicles (state registration certificate or PTS);
• a copy of the independent technical examination report;
• copies of documentation about the accident: resolutions, certificates of the incident, definitions and traffic police protocol;
• a copy of the claim and attached documents for the person responsible for the incident.

If a claim is for an amount up to 50 thousand rubles, it should be sent to a magistrate. If this indicator is exceeded, the application must be sent to the district court. This requirement is established by the Code of Civil Procedure of the Russian Federation in Articles 23 and 24.

Can the culprit expect to receive payment?

Many drivers, paying for a compulsory motor liability insurance policy from year to year, wonder what insurance provides in the event of an accident, and in what cases they can count on its benefits.

The compulsory insurance system is aimed at protecting the liability of policy owners to other road users. This means that the insurance will cover the damages of the person injured in the accident. But the culprit himself is left alone with the results of his careless driving. He will have to eliminate the consequences from his own budget.

However, there may be exceptions to this rule. It is not always possible to unambiguously determine which driver created an emergency situation on the road, which resulted in a collision or collision with a pedestrian. Sometimes the blame is mutual. This means that the culprit of the incident is also the victim. In this case, he can, on a general basis, expect to receive an insurance payment. True, both drivers will receive only 50% of the compensation amount.

Compulsory car insurance has made life much easier for drivers, because no one is insured against accidents, and, as a rule, the family budget does not provide extra money for repairing one’s own or someone else’s car. But in order to fully use the protection of your MTPL policy, you need to know what damage it covers and how to exercise your rights.

How to speed up the payment process

According to the law, the insurance company is required to pay compensation to the injured party within 20 days from the date of filing the claim.

It is important to know that if the insurance company delays payments without explaining the reasons, then it may be subject to a penalty in the amount of 0.5% of the amount of damage for each day of delay.

This payment period is allotted to the insurance company to review all the necessary information in order to make a decision regarding a specific insured event. To speed up this process you can take the following steps:

• Involve specialists whose actions do not need to be checked (licensed experts) to inspect the accident site.
• Write an appeal to the head of the insurance company with a request to speed up the payment process, indicating good reasons.
• Submit the necessary documents to the insurance company as early as possible, and prepare them carefully so that they do not return.