How is compensation for damages made in case of an accident under compulsory motor liability insurance at Rosgosstrakh?

Normative base

The regulatory basis for payments under OSAGO "Rosgosstrakh" in 2021 is the law No. 40-FZ "On compulsory insurance of civil liability of vehicle owners" adopted on April 25, 2002. On March 28, 2021, innovations were adopted based on Law No. 49-FZ, which significantly affected many nuances and aspects of motor vehicle liability:

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• The terms for inspection by authorized persons from the insurance company of vehicle damage have been revised.
• Prohibition of independent examination.
• The deadlines for accepting claims from vehicle owners to the insurance company have been changed - now the application must be submitted within 10 days.
• In September 2021, an amendment was adopted according to which the policy period cannot be less than 1 year.
• On April 28, 2021, a change was made according to which monetary compensation is replaced by in-kind compensation, that is, all funds for compensation of losses go to repair shops.
• The limit on payments has been expanded, especially for individuals.

Tariffs by region will have a significant impact on the total cost, and in the case of legal fleets. persons, an average coefficient is applied, which will accordingly also change the cost of payment upward: in proportion, the more vehicles, the more offenses.

In what cases can you apply to Rosgosstrakh for payments under compulsory motor liability insurance?

An application for compensation under compulsory motor liability insurance after an accident in Rosgosstrakh in 2021 can be made by victims (Part 1 of Article 12 of the Federal Law No. 40), who suffered:

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• or harm to health;
• or damage to property;
• or all at once.

Attention
In 2021, you do not always need to contact Rosgosstrakh, since, in accordance with ab. 2 hours 1 tbsp. 12 Federal Law No. 40, as a general rule, an application for payment is sent to the insurance company that insured the liability of the causer of damage.

It turns out like this:

• if the culprit has a compulsory motor liability insurance policy from the RGS, then after an accident you need to contact him here;
• if his “automobile license” is registered with another insurance company, then he needs to go to it.

But this is precisely the general rule. There is one exception - if you have the right to a PWU (Article 14.1. Federal Law No. 40), that is, to direct compensation for losses, you need to contact your company, that is, the one where the victim himself purchased the MTPL policy (the right to a PWU arises with simultaneous compliance two conditions - there are no injured or killed, and also all those who participated in the accident have valid MTPL policies - editor's note).

For example, a driver who has a compulsory motor liability insurance policy from RGS has his car crashed in an accident, and he is not guilty of it. The conditions specified in Part 1 of Art. 14.1. Federal Law No. 40 (that is, there are no injuries or deaths, and all participants in the accident have compulsory motor liability insurance policies) are complied with. This means that this driver needs to go to Rosgosstrakh, that is, to his insurer. Otherwise (that is, if there were injured or dead, or if any of the participants in the accident did not have a policy), one would have to contact the insurance company of the person who caused the damage.

Also, the right to apply to the RGS (if the culprit of the accident has an MTPL policy from the RGS) are the so-called beneficiaries - that is, persons who have the right to receive compensation in the event of the death of the breadwinner (Article 1088 of the Civil Code of the Russian Federation, Part 6 of Article 12 of the Federal Law No. 40). These persons should always contact the insurer of the culprit (the PPV does not apply in this case).

What determines the payments at Rosgosstrakh under compulsory motor liability insurance?

You can calculate the amount of compensation paid by Rosgosstrakh to victims of a traffic accident in 2021 yourself. All parameters and coefficients are publicly available and strictly fixed in law. When calculating payments under compulsory motor liability insurance, current property prices are taken into account, adjusted for the insurance region.

When calculating the amount of insurance payment in Rosgosstrakh under compulsory motor liability insurance, it is necessary to take into account the following parameters:

1. Country of origin of this vehicle.
2. Place of car registration and insurance (region).
3. Year of manufacture and degree of wear of the vehicle.
4. Intensity and time of operation of this vehicle.

The insurance company strictly follows the letter of the law, and therefore, when calculating the amount of compensation, it relies on clause 15.1 of the MTPL insurance rules, namely, on the fact that all restoration costs are calculated taking into account the average market pricing policy. Of course, prices will vary for each region, and often quite significantly. As practice shows, there are often situations when the funds paid are not enough to fully restore the vehicle. This is in no way connected with a violation of the legislation of the Russian Federation or fraud, the whole point is the significant wear and tear of vehicle components and assemblies, as well as high prices for components for cars belonging to the “business class” segment, but already significantly outdated (cars produced at least 20 years ago). 30 years ago, for example, BMW e38, Mercedes-Benz w200, etc.).

In the vast majority of insurance cases, it calculates the cost of individual components and parts requiring replacement or repair, adjusted for wear and tear of the vehicle. For 2021, the following car depreciation rates are relevant in accordance with the year of production:

• first year - 20%;
• second year - 12%;
• third year - 12%;
• fourth and further - 12%.

If a victim of an accident wants to independently calculate the amount of monetary compensation, then he should rely on the above data. It is recommended to make the calculation in any case to avoid further disagreements with the insurance company.

How to find out the amount of payment under OSAGO in Rosgosstrakh

You can independently calculate the amount of compensation that a victim of an accident will receive. Because the criteria influencing this are publicly available and established by law. For the calculation, real estate prices in force in the insurance region are used.

First of all, when calculating the payment amount, the following factors are taken into account:

• the country in which the car was assembled;
• the region in which the vehicle is registered and insured;
• wear and tear of the vehicle;
• intensity and duration of action.

Rosgosstrakh is a law-abiding company and is guided by the following principles of clause 15.1 of the rules of insurance with a liability policy.

According to it, rehabilitation costs are calculated based on average market prices. Therefore, for Volgograd and Moscow they will be different.

How are payments made under compulsory motor liability insurance at Rosgosstrakh?

What actions must a victim of an accident take in order to receive the Rosgosstrakh insurance payment in full as quickly as possible? Below are step-by-step instructions:

1. First of all, it is necessary to document the accident in the proper form. If no harm was caused to health during a traffic accident, the total amount of damage does not exceed 50,000 rubles and a maximum of 2 participants in the accident, then it is advisable to register the traffic accident on the road according to the European protocol. Otherwise, it is necessary to call State Traffic Inspectorate employees to the scene of the accident, who will draw up all the necessary documents.
2. After this, it is necessary to notify the insurance company about the occurrence of an insured event as soon as possible.
3. Next, you should collect a package of documents necessary for filing an insured event and documenting the damage caused in an accident.
4. Then a written application is drawn up to receive monetary compensation for the insured event at Rosgosstrakh. The appeal is attached to the set of collected documents. A standard form for an application for MTPL payments in 2021 can be easily obtained at any insurance office, or a sample can be downloaded from the Internet and printed out yourself.
5. Choose your preferred method of receiving compensation.
6. You provide the vehicle to insurance employees for further examination and assessment of the damage caused.

If the applicant receives a refusal without objective reasons, he has every right to file a claim with the head of the organization, indicating all aspects of the traffic accident. After the request has been submitted. This method of conflict resolution is most often used in controversial situations between the insurance company and the vehicle owners.

Types of compensation under compulsory motor liability insurance in Rosgosstrakh

Compensation for an insured event under compulsory motor liability insurance in Rosgosstrakh is carried out in the form of a cash payment or payment for the restoration of the vehicle to its previous condition. In a statement to the insurer, the victim expresses his wishes regarding the form of damage coverage. However, it is the insurance company that makes the decision to pay out money or repair the insured’s vehicle. These rights are determined by legal norms. There are also exceptions to the rules in which the insurer is obliged to pay monetary compensation:

• damage to the vehicle beyond repair;
• the estimated amount of repair work exceeds 400,000 rubles;
• death of the victim as a result of injuries received as a result of the accident;
• Moderate or severe injuries resulting from a traffic accident;
• the victim's disability status;
• absence of an agreement with the service station servicing the damaged car model.

The insurer may pay monetary compensation for damage caused as a result of a traffic accident, subject to a written agreement with the policyholder. The policyholder has the right to refuse to repair the vehicle at a service station that has entered into a service agreement under MTPL if the service station does not comply with the rules for repairing vehicles. You can also refuse the offer if the workshop is located more than 50 km from the victim’s place of residence.

The insurer is more likely to decide to send your car to a repair shop for repairs after an accident in the following situations:

• classification of the vehicle as a passenger car;
• the vehicle is no more than 4 years old;
• registration of a car on the territory of the Russian Federation;
• the car is owned by an individual;
• Availability of a service contract for the damaged car model.

Payment terms

According to the legislation of the Russian Federation, the maximum payment period for car insurance in 2021 is 20 days. When making a decision, the court and other government agencies are based on the Federal Law “On compulsory insurance of civil liability by vehicle owners” of 2002. As mentioned, some aspects of this procedure have changed in 2021. For example, the procedure for inspecting a damaged car has been simplified - now no more than 5 days from the date of the accident are given to determine the extent of the damage.

It is also worth noting that from 2021, the limit for compensation for external and technical damage to a vehicle has been increased to 500 thousand rubles for all insurers. The tariff rate is calculated in accordance with the coefficient, which may vary depending on the region of car insurance. As for legal entities and owners of various vehicle fleets, an average coefficient is applied; in some cases, this can significantly increase the cost of paying for insurance.

Amounts of payments under compulsory motor liability insurance at Rosgosstrakh

The MTPL market is strictly controlled by the state. And although compensation payments at Rosstogstrakh usually occur faster than with other insurers, the cost of the policy, as well as the size of payments, are the same in all companies. Speaking about how to find out the amount of compensation you can count on, it should be noted that this depends on the results of an independent examination carried out by the insurer.

The amount of compensation is determined based on the cost of the necessary spare parts and work to replace them, as well as taking into account the actual damage received by persons injured in an accident and the consequences for their health. The maximum period for assessing damage is 5 days from the date of filing the application for compensation.

Experts calculate the cost of car repairs taking into account its wear and tear, so insurance payments after an accident may be lower than the actual cost of repairs using new spare parts. Of course, this causes displeasure for the victims, but these are the rules established by Russian legislation on compulsory civil liability insurance for motorists.

What is the minimum and maximum insurance indemnity?

In Rosgosstrakh, as in other insurance companies, compensation for compulsory motor liability insurance in the amount of a specific amount is not established. It all depends on the actual damage caused to the car and the harm caused to human health. Moreover, according to the rules established by Rosgosstrakh, the wear and tear of the damaged vehicle cannot exceed 50%. Accordingly, the owner of even the oldest car will receive at least 50% of the cost of new spare parts for his car, unless, of course, this amount exceeds the maximum insurance payments established by law.

The maximum amount of compensation for persons injured in an accident, which is established by the legislation of the Russian Federation, is 500 thousand rubles for each victim. The maximum damage caused to the car is set at 400 thousand rubles. If the actual damage caused exceeds these amounts, the victim has the right to demand compensation for the difference from the culprit of the accident in the manner prescribed by law.

If the accident is registered according to the European protocol, you can claim a maximum amount of 100 or 400 thousand rubles, depending on the circumstances, as discussed in the previous section.

Required documents

The law of April 25, 2002 does not establish exact deadlines for submitting documents to obtain insurance. However, it is said that the package of necessary documentation is submitted individually in several stages. Clause 3 of Article 22 of the regulatory legal act in question contains the following wording: “car insurance papers must be presented as soon as possible.”

Due to the particular urgency of this process, the injured person is obliged to take care in advance of preparing a package of documents, the necessary copies and originals. Most motorists turn to specialized companies for help in order to collect all the papers as quickly as possible and correctly fill out an application for receiving compression payments under Rosgosstrakh insurance in 2021.

The list of mandatory documents for payments under compulsory motor liability insurance at Rosgosstrakh in 2021 includes:

• MTPL insurance policy;
• identification document (passport and photocopies of the first pages);
• application for payment of compensation;
• a certificate from the State Traffic Inspectorate, which displays all aspects of the accident, identifying the guilty and injured parties;
• protocol of the State Traffic Inspectorate on an administrative offense;
• decree-receipt for payment of a fine;
• documents for the vehicle;
• certificate of car ownership;
• driver's license.

This is not a complete list of documents that may be needed when contacting an insurance company in order to receive cash payments in the event of damage to a car due to the fault of a third party. You can find out more detailed information by calling the Rosgosstrakh hotline or from one of the center’s employees.

Application for payments to OSAGO "Rosgosstrakh"

To fill out an application for compensation in the event of a traffic accident, you should contact one of the insurance branches. The document form is issued by the insurer and has a certain structure. It should not contradict the Regulations of the Bank of Russia “On the Rules of Compulsory Motor Liability Insurance”.

The victim indicates in the application his passport details, information about the vehicle, the traffic accident with the attachment of all protocols and testimony of both parties, the number of the insurance certificate, the nature and extent of the damage caused, as well as the personal data of the traffic police officer or other person who recorded the accident. At the end, the date and signature of the applicant are placed.

Applications for payments under compulsory motor liability insurance can be found here.

The procedure and stages of receiving payments under compulsory motor liability insurance in Rosgosstrakh

After notifying Rosgosstrakh about an accident, it is necessary to register the incident according to the European protocol or with the participation of traffic police officers. To receive compensation, you need to contact the insurance company branch with an application and a set of requested papers. If there is damage to the vehicle that requires expensive restoration repairs, an examination will be required, based on the results of which you can find out the amount of payment.

After reviewing the application and package of documentation, the insurer makes a decision on the payment case. According to it, money is transferred to you or a referral for repairs is issued.

Payment amounts

The Russian Union of Auto Insurers assumes responsibility for timely payment of compulsory motor vehicle liability insurance compensations, which are applied in cases of impossibility of making insurance payments. The basis for providing funds (compensation) may be:

• Bankruptcy or temporary insolvency of the insurance company.
• Early termination of the contract.
• End of insurer's license.
• The person at fault for the accident does not have a compulsory motor liability insurance policy.
• Impossibility of identifying the culprit of a traffic accident.

The amount of payments under compulsory motor liability insurance at Rosgosstrakh in 2021 is affected by the direct and indirect income of the victim, as well as the degree of damage and possible treatment costs. As practice shows, the amount of compensation for harm to the health of an individual can vary from 160 to 240 thousand rubles, depending on the characteristics of a particular case.

Also, the amount of payments is influenced by such important factors as the country of origin of the vehicle, the place of registration of the vehicle, the level of wear and tear on the components and the vehicle itself. An approximate calculation can be made on the official website of Rosgosstrakh using a special calculator or by contacting the appropriate organization (then the amount of compensation will be determined with all additional commissions).

In general, the calculation of payments under compulsory motor liability insurance at Rosgosstrakh in 2021 is made according to the formula:

“Ktr x Kvz x Kss x Kmsh x Ktks x Ksr x Kbn”

where Ktr is the territorial coefficient;

Kvz - driver’s experience and age;

Kss is the frequency of accidents involving this vehicle;

Kmsh —car power;

Ktks - coefficient for calculating the insurance of a car used as a taxi;

Ksr - policy validity period;

Kbn is an indicator for regular customers.

This calculation can be carried out independently, and the deviations will be insignificant.

Reasons for refusal of payments under compulsory motor liability insurance at Rosgosstrakh

The MTPL policy covers damage to the vehicle in the event of insured events that comply with the norms of the federal law “On Auto Insurance” and the agreement between the insurer and the car owner. However, Rosgosstrakh insurance covers only up to a certain limit; the remaining portion must be compensated by the person at fault for the traffic accident. The MTPL insurance limit at Rosgosstrakh covers damage to personal property, as well as physical damage caused to the owner of the car.

Often, parties to a contract are faced with a refusal to pay under Rosgosstrakh compulsory motor liability insurance. If you find yourself in such a situation, then first of all you need to decide on what grounds this decision was made. Thus, legitimate grounds for refusal to pay insurance include:

1. External damage to the vehicle of varying degrees, which is not covered by insurance.
2. The MTPL policy does not cover moral damages to the injured person.
3. If the accident occurred due to the fault of an untrained driver (during the process of testing the car, testing or training).
4. If the cause of the traffic accident is the transportation of prohibited, dangerous objects.
5. Harm caused to an individual in the performance of his direct labor duties is not compensated (the event falls under the category of compulsory or social insurance).

The statute of limitations for insurance disputes related to road traffic accidents is 2 years from the date of establishment of the insured event. All of the above examples refer to the legal grounds for refusal of compensation payments under compulsory motor liability insurance, but everything depends on the specific case. It is unlikely that it will be possible to appeal such a decision of the insurance company in court. Before making such a decision, it is better to immediately consult with an Automotive Lawyer.

Cases of refusal to pay under MTPL

In many cases, the insurer has legal grounds for denying a claim. These include:

• Lack of a third party liability policy for the driver of the car that caused the accident;
• missing the deadline for contacting the insurer without a valid reason;
• claim for punitive damages;
• The accident occurred during competitions, driver training, testing and similar activities;
• a claim for compensation for harm to the health or life of a person who was in the line of duty, and this harm is covered by the social insurance package.

It should be noted that this is not a complete list of reasons.

If a dispute arises with an insurer, it is better to seek help from lawyers, since most citizens do not have sufficient knowledge and experience to participate in legal disputes.

Actions in case of refusal to pay under compulsory motor liability insurance at Rosgosstrakh

Insurance companies often resort to illegal methods in dealing with car owners. They not only violate the law by making unreasonable refusals to pay under compulsory motor liability insurance, but also deliberately underestimate the amount of material damage. The remaining amount is not large enough to take such a case to court. All this is due to the fact that the total costs of resolving the conflict may exceed the amount of compensation. In case of significant losses, you should contact government agencies for damages, but you will have to spend money on an independent expert.

If you believe that the insurer has wrongfully refused to pay the insurance amount in 2021, you should seek legal advice. After reviewing the case materials, it is necessary to conduct an independent examination and submit the case materials to the court. If the claims are justified, then there is a high probability (95-100%) that payment will be made in court. Typically, legal support organizations charge from 5 to 15% of the payment amount for their services.

Reasons for refusal of payments

The grounds on which Rosgosstrakh may refuse payment under compulsory motor liability insurance are regulated at the legislative level. They are also specified in the insurance contract between the insurer and the policyholder. Therefore, having received a refusal to compensate for damages, you need to familiarize yourself with the contents of the agreement, which will allow you to assess how lawful such a decision is and whether it is worth spending time challenging it.

The main reasons for rejecting an application for compensation:

• violation of deadlines for contacting the insurer;
• provision of an incomplete package of papers;
• a requirement to compensate for moral damage and lost profits, as well as harm caused to a person insured under a social package while on duty;
• expired policy;
• Road accidents under circumstances requiring separate insurance - competitions, test drives, training driving, cargo transportation, loading and unloading operations, using the car as a taxi and others;
• damage to the car as a result of force majeure - strikes, pickets, explosions, war and various natural disasters;
• damage to historical and cultural values, cash and jewelry;
• establishing the fact of a simulated accident due to the personal benefit of the driver.

Rosgosstrakh has the right to refuse insurance payments under compulsory motor liability insurance in case of an accident if the driver sent the car for recycling or repaired it before submitting an application and conducting an examination. With such actions by the insured, the insurer does not have the opportunity to verify that the accident really occurred, as well as to determine the amount of damage actually caused.

Claim for payment of compulsory motor liability insurance "Rosgosstrakh"

The legislation of the Russian Federation establishes a pre-trial procedure for resolving disputes between the insurer and the owner of the vehicle. This clause is mandatory to comply with before applying to the courts for payment under Rosgosstrakh compulsory motor liability insurance. All that is required of you is to send a specific claim to the organization’s address and supplement it with an expert assessment of the vehicle after a traffic accident. In the same document it is necessary to indicate the cost of repairs, bank account details and personal data of the applicant.

Claims for payments from OSAGO Rosgosstrakh can be found here.

A claim for payment of compulsory motor liability insurance at Rosgosstrakh can be submitted to the insurance company in two ways:

• By registered mail with notification;
• Individually, by visiting one of the organization’s branches.

Whatever option you choose, you must have a document in your hands confirming receipt of the letter by the addressee. In the second case, you need to make photocopies of all documents and ask a company employee to put a note of acceptance on each of them. It takes 5 business days to consider the claim, plus several days for postal delivery.

Driver reviews

Alexey: A few months ago I took out MTPL car insurance from Rosgosstrakh and now I got into a small accident. I immediately contacted the insurer with the necessary documents, after which I was scheduled to have the car assessed. After the main damage was identified, I was given a card and after 2 weeks there was already money in my account.

Ekaterina: I did not have time to submit a photocopy of the European protocol to Rosgosstrakh within the established five-day period - in connection with which I was required to pay recourse for the accident. The law was respected, but somehow it was not fair. I don't want to have any more business with this insurer.

Konstantin: Over the past two years I have had three accidents. In two cases, the insurance company paid for the repairs at the service station in full, and in the third, it transferred money to the account within just five days. And all this without a trial; previously I was insured at Rosstrakh, where compensation could only be obtained by a court decision.

Only one of its participants can notify about an accident if they have the same insurer

In Determination No. 71-KG21-1-K3 of April 6, the Supreme Court examined whether it is legal to bring a claim for compensation of damage by way of recourse against the harm-cauter if he, within the prescribed time after drawing up the European protocol, did not come for an inspection to the insurer, who is also the insurer victim.

On December 16, 2021, Nikolai Koposov crashed into N. Malakhova’s car. Drivers whose civil liability is insured by PJSC IC Rosgosstrakh drew up a European protocol. Nikolai Koposov called the insurance company and reported the accident. Later, according to Malakhova’s application, the insurance company paid her an insurance compensation of more than 95 thousand rubles.

At the same time, Nikolai Koposov submitted the car for inspection to Rosgosstrakh only on December 24, 2021. In this regard, the insurer considered that, in violation of the requirements of clause 2 of Art. 11.1 of the Law on Compulsory Motor Liability Insurance, Nikolay Koposov did not fulfill the obligation to send a completed notification form about the incident within five working days from the date of the accident, and filed a claim for compensation for damages by way of recourse.

The court considered that the notification of Rosgosstrakh about the accident by telephone and the presentation of the car for inspection did not deprive the insurer by virtue of subsection. "g" clause 1 art. 14 of the Law on Compulsory Motor Liability Insurance the right to file a recourse claim against the tortfeasor. At the same time, the first instance did not see any grounds for recognizing the reasons for missing the five-day deadline as valid. The court partially satisfied the claim and recovered about 85 thousand rubles from Nikolai Koposov, and the appeal and cassation upheld the decision of the first instance.

Nikolai Koposov filed a complaint with the Supreme Court, which, having considered the case, recalled that in accordance with sub. "g" clause 1 art. 14 of the Law on Compulsory Motor Liability Insurance (OSAGO) the insurer who has provided the insurance compensation transfers the right of claim of the victim to the person who caused the harm in the amount of the insurance compensation provided to the victim, if this person, in the case of drawing up a European protocol, within five working days has not sent his insurer a copy of the form filled out together with the victim traffic accident notifications.

Features of auto insurance "Rosgosstrakh"

Today, Rosgosstrakh is one of the most reliable and prestigious insurance companies. The process of obtaining a compulsory motor liability insurance policy is not particularly difficult; for registration you only need a passport, a vehicle document, a driver’s license and passing a technical inspection of the car. You can conclude an agreement in numerous branches of the organization by submitting an application in advance on the official website.

On the website https://www.rgs.ru you can also renew your insurance and calculate the approximate cost.

In most cases, the policy is issued for one year with the possibility of extension. You can sign a contract for three or six months, depending on the need. There are two main types of compulsory motor liability insurance: without restrictions, that is, both the owner and other persons have the right to use the car, and with restrictions - the car is driven only with the permission of the owner (no more than five people).