List of documents required for submission to the insurance, RSA, courts in case of an accident

The likelihood of receiving a positive decision directly depends on how quickly documents are collected and submitted to the insurance company after an accident. Therefore, every driver needs to know what documents are needed for insurance in case of an accident under compulsory motor liability insurance.

Although there is no specific deadline for submitting documents to the insurer after an accident, significant delays may reasonably raise suspicions among the insurance company. This is due to the constantly growing scams in the field of receiving insurance payments. Naturally, the mere fact of a delay cannot serve as a basis for rejecting a claim, but potential litigation is unlikely to interest any drivers.

The law establishes the obligation for the insurance company to provide compensation and compensate for the damage caused. However, despite this, the insurance company may cite a huge number of reasons to refuse to pay.

The procedure for providing compulsory motor insurance

Every driver is required to have an MTPL insurance policy. Registration takes place annually, and for violating the rules and not having a policy, or for overdue insurance, the driver faces a minor fine of 800 rubles. Having a policy means that the insurance company undertakes to compensate for damage caused by the driver on the road. However, the law sets specific restrictions. So, in excess of the maximum amount, as well as for certain obligations, liability arises for the driver personally.

On the market you can find a huge number of organizations providing insurance services. Among them there are both large and well-known, for example, Reso-garantiya or Renaissance, as well as completely new and small ones. Insurers may vary the cost of services, as well as other conditions.

ATTENTION !!! The most important thing to pay attention to when choosing is the availability of a valid license to operate.

Compensation is provided in various ways: repair of property, or payment of funds for independent disposal. In 2021, insurance companies prioritize the first option, since it reduces the number of fraudsters and is more profitable for them. For ordinary drivers, repairs at the expense of the insurance company are rarely convenient due to certain reasons.

The MTPL insurance policy only covers the following types of damage:

• property damage, which is caused directly to the car or other objects;
• harm to health caused to any persons injured in an accident.

The amount of payment should not exceed 400 thousand rubles for property damage and 500 thousand rubles for damage caused to the life and health of people. These amounts are the maximum permissible, beyond which all payments fall on the culprit of the accident. Despite this rule, there are certain exceptions when you do not have to pay.

As a general rule, the insurance company is directly involved in calculating and determining the amount of damage caused. For this purpose, examinations may be appointed, harm assessments and any other actions may be carried out. These conclusions must be in writing and only on their basis a final decision is made. The interested party can also provide their documents determining the amount of harm caused. Based on all the materials, a final decision is made on the possibility of compensation, as well as its amount. If the interested party disagrees, the decision can be appealed both to the insurance company itself and through court proceedings.

IMPORTANT !!! The insurance amount is paid by the company responsible for the accident. They are the ones who bear the main losses. Therefore, if victims and other interested parties do not have an insurance policy, it does not deprive them of the right to expect to receive compensation in full.

If the culprit does not have an insurance policy, compensation for the damage can be made in accordance with the general procedure provided for by civil law. The victim must make a claim for voluntary compensation and then file a claim in court. This method is much more difficult, since in most cases you will have to act independently.

Payment terms

Not only applicants have time limits, when they must collect and submit all documentation as early as possible. For insurance companies, there is a certain period for processing an application. It is no more than 20 days in total.

The first day from which the countdown is made is considered:

• the day of submitting the application during a personal visit to the client;
• the date affixed to the stamp from the post office to which it was received if the application was sent by mail.

What happens in 20 days with the application:

• 5 working days are allocated to inspect the condition of the car and assess the damage by an expert;
• 5 days – for additional examination, if the need arises. This usually happens in cases where there is no independent expert assessment;
• 10 days for the preparation and execution of the necessary documentation on the part of the insurance company: for example, a report on the occurrence of an insured event and others.

On the part of the insurance company, a delay at any stage is primarily a negative response from the client. Secondly, this is a great responsibility to the applicant. In the interests of the injured party, the right to resolve the situation out of court is provided. To do this, someone who is dissatisfied with the speed of work of the company’s employees can file a complaint addressed to the management team.

A claim that remains unaddressed is a reason to seek help from the authorized bodies, in particular, to file a claim in court. To be more confident in the favor of the judges, it is necessary to attach a photocopy of the above-mentioned claim to the claim.

Possibility of receiving insurance payments

Having an issued policy does not mean that you can receive payment for any damage. The law establishes the grounds under which a driver can expect to receive compensation. There are quite a few criteria, but the key and mandatory one is the presence of an accident, since liability is insured only on the road. Large insurance companies such as Rosgosstrakh and Ingosstrakh can establish other additional types of compensation, which is directly beneficial for clients.

IMPORTANT !!! To confirm the fact of the accident, it is necessary to properly document the accident. Depending on the circumstances of the incident, you can do this yourself, or by calling traffic police inspectors. In this case, the size of the harm caused, the presence of victims and other criteria do not matter; only registration is required in the prescribed manner.

If the parties agreed independently and did not draw up any documents, it is unlikely that it will be possible to obtain compensation from the insurance company. In this case, you will have to provide substantial evidence of the fact that the accident occurred.

Additional documents to be submitted to the Investigative Committee

In addition to the above, if damage is caused to the property of the victim, the latter must also provide, in accordance with clause 61 of the Rules, an additional list of documents in case of an accident under compulsory motor liability insurance:

Payment terms for compulsory motor liability insurance

The insurance company is obliged to consider the application for payment within 20 working days from the date of submission. Read more about this in the article here.

• Documents confirming that the damaged vehicle is the property of the victim, or a power of attorney to represent the interests of the owner (notarized) if the vehicle is owned by another person.
• If a repeated independent examination was carried out - a conclusion on the amount of damage caused, as well as papers confirming the cost of the independent expert’s work.
• Documents confirming payment for services for evacuation of a vehicle from the scene of an accident, as well as its storage.

Invoices and estimates confirming the cost of repair work and other documents indicating the material damage suffered by the victim are also provided.

How is damage compensated by an insurance company?

Recently, the main way to provide compensation has been to send the car for repairs at the expense of the insurance company. This feature is not perceived very positively by the drivers themselves. Firstly, there is no opportunity to choose the service yourself, and secondly, repairs carried out by the insurer are much more expensive. For example, due to the inadmissibility of installing used parts, you will not be able to save money on repairs. This method is beneficial for the insurer, but not for the driver, so the latter try to get a cash payment.

The law provides for the possibility of receiving monetary compensation in the following cases:

• Based on the conclusions and examinations, car repair is not profitable due to serious damage;
• it is impossible to carry out repairs with the established funds, and the driver refuses to provide additional funds;
• if the insurance company is unable to repair the vehicle for any reason:
• in case of violation of the repair procedure. For example, when its implementation is impossible within the 30 days established by law;
• upon reaching agreement between the insurer and the driver. For example, when the driver has a difficult financial situation and the company agreed to a meeting;
• in a fatal accident. In this case, the heirs and relatives of the deceased receive the right to claim compensation.

Therefore, there are several options for obtaining compensation from the insurance company. However, to do this, it is necessary to register an accident, collect documents and submit them to the insurer.

Let's sum it up

The correct list of documents is one of the prerequisites for receiving insurance payment. The sequence of actions should be as follows:

• the driver needs to write an application demanding compensation, attaching personal documents and documents for the car;
• depending on the specific case, other documents may be needed, the final list of which is provided by the insurer;
• in case of harm to health, documents confirming this fact are required;
• if the breadwinner died in an accident, members of his family and/or persons who were in his support can receive compensation for him by writing an application and attaching documents confirming the right to payment;
• the application is written in free form, indicating personal, contact and passport details, the circumstances of the accident, and the requirement for payment;
• the maximum period established for sending a list of documents is 5 days, in some regions it can be extended to 15 days (if specified in the insurance contract);
• after receiving all documents, the insurer is obliged to pay compensation within 20 days from the date of stamping the letter (if the application is sent by mail) or the day of receipt (if the application is submitted in person);
• if the policyholder fails to comply with the deadlines, compensation may be refused (unless the reason is considered valid);
• If the insurer does not comply with the deadlines, the driver can go to court and collect a fine in the amount of 0.1% of the payment amount for each day of delay.

Thus, the driver who is counting on compensation from the insurance company must take care of collecting documents at the time of the incident in order to avoid problems and delays in payment.

Correct registration of an accident

As mentioned earlier, a mandatory requirement for receiving insurance payment is to document the fact that an accident has occurred. After this procedure, you can contact the insurance company with the completed document. It is on this basis that the payment will be made. Today, there are several ways to file an accident.

Calling a traffic police officer is not an absolute obligation. You don’t always have to wait long hours and waste time on registration.

Registration without a traffic police officer is permitted in the following cases:

• The accident caused damage only to property and did not cause harm to human health;
• as a result of the accident, no more than 2 vehicles were damaged;
• property damage does not exceed 100 thousand rubles. It can be difficult to determine the size on site, but it is necessary to proceed from objective circumstances;
• The participants reached a common decision and there are no disagreements regarding the accident.

Since traffic police officers are not called, registration takes place according to the European protocol, which the participants draw up independently.

The document drawn up must meet certain requirements:

• Attached are photographs from the scene of the incident. The more detailed pictures, the better, since in this case it is much easier to prove to the insurer that what happened. For this reason, this point is the most important;
• photographs must be taken immediately after the accident. Vehicles may not be moved or moved. Violation of this rule may be grounds for refusal to provide payment;
• All information is entered on a special form, to which photographs and other documents are attached.

ATTENTION !!! The compiled protocol is already ready and can be used to receive MTPL payments. To do this, it is enough to transfer it to the insurer. In most cases, no other documents will be needed. In the future, the insurance company may require additional information, for example, details for transferring funds

It is important to remember that from July 2021 the European protocol form has been changed. From now on, you can’t use the old way.

Required package of documents

Both participants in the accident are required to provide documents to the insurance company after an accident under compulsory motor liability insurance. This is not only the victim who wants to receive compensation, but also the initiator of the accident, so as not to bear the burden of payments on his shoulders.

After transport accidents have occurred, the submission of documents, or rather the period within which they must be submitted, is an important part of correct behavior in the event of an accident. But even after an accident, the list of documents may differ depending on the type of accident.

Basically, documents for insurance after an accident under compulsory motor liability insurance and their number depends on whether the person was physically injured or whether only the vehicle took the damage.

Documents that the victim must provide to the insurance company:

• Application for DLP (direct compensation for losses);
• A notarized duplicate of a civil passport;
• A certificate from the traffic police about the occurrence of an insured event;
• Notice and protocols issued by a traffic police officer;
• Original passport and vehicle registration certificate;
• Receipts for all expenses incurred by the victim. Costs may be associated with calling a tow truck, paying for a place in the impound lot, as well as payments to an independent expert assessing the damage;
• Medical report and receipt for payment for treatment and purchase of medicines (in case of physical injury to a participant in an accident). In case of death, relatives provide a certificate;
• Certificate of medical examination to ensure the absence of drugs and alcohol in the blood at the time of the accident;
• Bank details where the insurance company will have to send compensation.

Registration with a traffic police officer

It is not always possible to create a document yourself. The law provides for situations when registration should be carried out only by a traffic police officer.

These should include:

• the participant in the accident suffered harm to health or a fatal accident;
• the amount of damage to property exceeds the permissible 100 thousand rubles;
• major accident in which more than 2 vehicles were damaged;
• one of the participants does not have an insurance policy;
• the drivers were unable to reach a common decision, which is why it is impossible to apply for a simplified procedure;

Even when filing in this order, you can resort to collecting additional evidence as in the previous case. During legal proceedings, they can seriously help with proving the true facts of what happened.

Instead of a European protocol, a document confirming the fact of an accident will be a certificate issued by the inspector after all procedures. Based on this, it will be possible to receive a payment from the insurance company.

Documents for receiving compensation from the insurance company after an accident

To the above-mentioned application, you will additionally need to attach a package of documents, the list of which is specified in clause 3.10 of the previously mentioned Appendix 1 to the Regulations on the rules of compulsory civil liability insurance of vehicle owners:

1Copy of the victim’s passport, duly certified by a notary or the authority that issued the document.

2If your authorized representative will submit an application to the insurance company, then the power of attorney will also need to be included in the package of necessary documentation. A sample power of attorney for an insurance company in case of an accident can be viewed below.

3Your bank details. The paper with the card details to which the insurance payment will be transferred can be obtained directly from the bank branch.

4Certificate of an accident in the form approved by Order No. 154 of the Ministry of Internal Affairs dated April 1, 2011. This document is issued to the driver by the traffic police inspector.

5Completely completed accident notification with explanations and diagram.

6Copies of the protocol and resolution on admin. offense or a determination to refuse to initiate an administrative case (unless a fine is imposed).

7Documents for the property damaged in the accident - vehicle certificate (VV).

Contacting the insurer

After receiving the main supporting document, you can contact the insurance company. In this case, you will need additional documents that are not evidence of the accident.

ATTENTION !!! There is a recommendation according to which it is better to submit documents no later than 5 days after the accident. It is not mandatory in nature and the driver does not face anything for violating the deadline. In addition, the law does not indicate a special period for cases of receiving insurance payment, therefore the general terms of civil law apply to such legal relations.

You need to contact the insurance company of the at-fault party. As additional documents you need to have:

• identification document;
• documents for the car, including a registration certificate;
• insurance policy or its details;
• other evidence regarding the incident;
• if examinations were carried out or funds were spent - conclusions and receipts for specific services;
• details where the insurer must transfer funds.

This list is open, so depending on the situation, the insurance company may ask you to provide other documents.

Review begins upon receipt of the entire package. The insurance company must respond within a specified time frame. If everything was done correctly, the answer will be positive. If you disagree with the decision or the amount of compensation awarded, you can file a claim. If it is rejected, you should file a lawsuit and prove the case in court. It will be difficult to sue the insurance company on your own, so to achieve the desired result, it is best to seek help from professionals.

Actions after an accident and deadlines for submitting documents to the insurance company

You need to notify your insurance company about a traffic accident involving you, the location of the accident and the time as soon as possible. It is better to immediately use the number indicated on the insurance policy form. In Federal Law No. 40-FZ on this matter in Art. 11 clause 3 says the following:

If the victim intends to exercise his right to an insurance payment, he is obliged to notify the insurer of the occurrence of an insured event at the first opportunity and, within the time limits established by the rules of compulsory insurance, send to the insurer an application for insurance payment and the documents provided for by the rules of compulsory insurance.

Extract from Federal Law No. 40-FZ Art. 11 p. 3

The deadlines for submitting documents to the insurance company after an accident are specified in Chapter 3 of Appendix 1 to the Regulations on the Rules of Compulsory Civil Liability Insurance of Vehicle Owners. Paragraph 3.8 of the document reads:

Notices completed by drivers... must be delivered as soon as possible, but no later than five business days after the traffic accident, or sent in any way that provides confirmation of sending, to the insurer that insured the driver’s civil liability, or to a representative of the insurer.

Extract from the third chapter of Appendix 1, clause 3.8 to the Regulations on the rules of compulsory insurance of civil liability of vehicle owners

That is, within 5 working days after the accident, you must provide the insurer with a completed copy of the accident notice, as well as an application. Below is a standard sample application for an accident to the insurance company (for insurance payment).