In case of damage or total loss of the car
If the car was damaged in an accident, then under OSAGO it will be sent for repair work. Insurance companies usually have their own service stations, but sometimes situations arise where they pay the costs of other service stations. It is better to clarify this point with your insurance company, without sending the car for repair work without prior approval.
The amount of compensation depends on the results of the experts’ work. When the policyholder thinks that the allocated payment is underestimated, he should take care of conducting a second independent examination. If after this you cannot achieve positive results, you should contact the judicial authority.
If the car cannot be restored, the car is lost . In what situation is this verdict made? When the cost of repairs exceeds or equals the price tag of the car at the time of the accident.
In this case, the insurance company will compensate for the cost of the car, or will issue the largest payment if the price tag of the car was above 400 thousand rubles. Because maximum compensation under compulsory motor liability insurance is 400 thousand rubles .
For causing harm to health
Causing harm to health is not only about spending on medications, nursing services, etc. The MTPL company can compensate for wages that the victim did not receive during treatment.
If the victim has been assigned a disability group, he can count on additional funds. Also, the maximum payment is often given to those who have suffered serious injuries. This must be stated in the text of the application.
All health expenses cannot exceed the maximum payment of 500 thousand rubles . When determining the amount of compensation, the insurance company relies on the standards established by law. If compensation is due to several persons, for example, a mother and children, then the insurance payment will be divided into equal parts.
In the event of the death of the victim
If the victim died in a car accident, the MTPL policy provides for a maximum payment of 475 thousand rubles. , which the beneficiary will receive (the list of persons is established at the legislative level), and 25 thousand rubles. will be used to organize the funeral.
In case of drawing up the Europrotocol
If the accident is registered according to the European Protocol, then the maximum payment amount will be 100 thousand rubles. From October 1, 2019, the maximum amount of compensation may be increased to 400 thousand rubles.
To do this, you need to fulfill 2 conditions:
- The opinions of the participants in the accident must agree on the details of the accident; there should be no disagreement in the list of external damage to the car.
- Drivers recorded data on the accident through the mobile special application “Accident Europrotocol”.
ATTENTION! When drawing up a European protocol, each driver involved in an accident must have a compulsory motor liability insurance policy.
With mutual guilt
Cases of mutual fault are regulated in the law on compulsory motor liability insurance. The document states that in such situations, compensation is awarded after the court determines the degree of guilt of the persons. There is a clarification in this paragraph: if the degree of guilt could not be established, then the insurance company pays money to each driver in equal shares.
How do insurance companies calculate the cost of damage?
If there was an accident, the cost of damage and restoration work is calculated on the basis of information collected during the initial inspection of the damaged car, and, if necessary, during an additional inspection, and recorded in a special report.
To determine the cost of repairs, the insurer adds the following components:
- costs of repair work;
- materials costs;
- cost of replacement parts.
In turn, the cost of spare parts is determined by the insurance company as the amount of costs for each unit of spare part, calculated by multiplying:
- the number of such parts;
- their prices;
- a reduction factor that takes into account the wear of the old part.
Reference! Wear of parts is necessary to determine the reduction factor by which the price of spare parts is reduced. For example, if wear is 30%, then a factor of 0.7 will be applied, calculated as the difference between one and the wear percentage divided by 100%. More information about calculating wear and tear for MTPL can be found here.
Wear of components is calculated based on information about:
- service life;
- car mileage;
- coefficients of the influence of these parameters on wear, the values of which are established by the Regulation of the Bank of Russia dated September 19, 2014 No. 432-P.
In the event of a complete loss of the car, the insurer undertakes to pay money to purchase a new one. The amount of payment in this case is determined as the difference between:
- the cost of the car on the day of the accident;
- the cost of usable remains.
Useful residues are understood as those parts and parts of the machine that can be dismantled and sold.
In this case, the price of suitable residues is calculated as the product of:
- prices of vehicles in pre-accident condition;
- share of the cost of whole parts in the total cost of the vehicle;
- expense ratio for the sale of spare parts (0.7 for cars, 0.6 for trucks);
- vehicle service life coefficient;
- damage degree coefficient.
The above coefficients are also determined on the basis of the Regulations of the Central Bank.
More details about the unified methodology for calculating damage under compulsory motor liability insurance can be found in this material.
In addition to the subtitle text, watch a video about how losses are calculated and damages assessed under compulsory motor liability insurance after an accident:
Who receives payment under compulsory motor liability insurance and how?
Compensation is assigned to those citizens who were included in the MTPL policy and participated in the insured event. To receive the maximum payment, you must contact the insurance company, providing a document from the traffic police and a car.
There are situations when you cannot receive an amount for damage caused:
- if a citizen who is not included in the policy was involved in an accident;
- if the amount of compensation exceeds 400 thousand rubles;
- if the culprit of the accident was a driving school student, and the incident occurred on the territory of the training ground.
Accruals are assigned under the compulsory motor liability insurance of the participant in the accident who is considered the guilty party.
Independent examination after an accident
To determine the amount of payment, the company appoints a technical examination within 5 days after the victim submits the application.
The examination is carried out under general agreements (time and place are specified) that satisfy both the victim and the expert.
From August 24, 2021, the injured party is required to agree on the details with the expert at least 3 days before the procedure itself.
Documents for receiving payment
The victim must provide the following documents to the insurance company:
- the applicant's civil passport;
- driver license;
- vehicle registration document;
- insurance;
- application for payment in accordance with the agreement (completed sample);
- notification of an accident;
- examination report;
- documents confirming the expenses of the car owner.
The decision on the final list of documents is made by the insurance company.
Deadlines for submitting an application to the insurer
An insurance claim must be submitted within 5 days of the accident. In this case, the policy must be valid for at least 1 year.
Damage payment period
Payment under compulsory motor liability insurance is provided within 20 days (holidays are not taken into account). During this period, an assessment of the damage that occurred due to the accident must be carried out.
If the insurance company delays payment under compulsory motor liability insurance, then the claim should be sent to the insurers in writing. The injured party has the right to demand compensation for the penalty: 1% of the total amount for each day of delay.
Is the insurance company obligated to issue a settlement certificate?
Yes. And the legislation establishes this answer to this question quite clearly. But the procedure and timing for submitting a settlement report for damages under compulsory motor liability insurance are regulated somewhat ambiguously. Let's find out!
So, clause 4.23 of the Insurance Rules prescribes, when requested by a motorist who has been injured in an accident (the beneficiary), to provide him with information about the amount of insurance compensation in the form of an act with the calculation of compensation. Please note that the beneficiary's request is mandatory. This means that you are required to submit a claim, and by default such a calculation based on the assessment results is not provided.
The request must be submitted in writing in free form, in which you simply indicate:
To the insurance company such and such From such and such Request I ask you, on the basis of clause 4.23 of the Insurance Rules, to provide a report on the insured event with a calculation of the insurance compensation within 3 calendar days, excluding holidays and non-working days. Your signature, transcript and date.
Such a claim must be submitted to the insurance company in one of the following ways:
- by registered mail with acknowledgment of delivery and a list of attachments (preferably),
- take it personally to the insurance company.
The first option is more reliable because it will give you confirmation of the claim. But it has a significant drawback - if the insurer does not delay the reimbursement period, then the letter will arrive, in the best case, when you have already received a payment or a referral for repairs. And, if the only purpose of requesting a statement with a calculation was to find out the final amount of compensation, and not the calculation, then this method is not suitable.
The second option allows you to submit an application on one day, but it is far from a fact that you will receive confirmation of the submission of the claim, since the insurance organization may refuse to issue you an acceptance certificate or an incoming application number, or put acceptance stamps on your copy. But proper confirmation will be video recording of the submission. And remember that the insurance company, since its office is a public place, does not have the right to prohibit filming.
But submitting an application does not mean that you will immediately know the amount of payment or repairs.
What to do if you are not satisfied with the amount of payment under compulsory motor insurance
It may seem to the driver that the amount of payment under compulsory motor liability insurance is deliberately underestimated; in such a situation, the injured party has the right to request the results of the examination, which was carried out by the insurance company.
If a discrepancy is noticed , you must seek an independent examination yourself. Its results will serve as proof that the assigned compensation cannot cover the repair work as much as possible.
The next step: an attempt to solve the problem peacefully; for this, a pre-trial claim is drawn up. This should be done within 20 days after the insurance company pays the underestimated amount to the victim.
If the decision was not made in favor of the injured party, you need to go to court. It is recommended to use the help of a traffic lawyer.
First risk
The first risk system means that the insurer is obliged to cover the loss 100% if its size does not exceed the fixed amount specified in the contract. If the proven damage is greater, then only the funds provided for by the insurance are paid (first risk), and the rest remains outstanding (second risk). This way, the policyholder can fully compensate for losses upon the occurrence of an insured event or receive part of the funds provided for in the contract.
Example of calculating compensation for the first risk
According to the assessment examination, the damage is 45,000 rubles, and the maximum compensation is 100,000. The damage is less, therefore it is covered in full, and the policyholder will receive 45,000 rubles.
For damage of 150,000 and the same insured amount, the policyholder is entitled to only 100,000 rubles, since the loss exceeds the maximum payment. For this insurance system, the actual or nominal value of the insured property has no practical significance. The payment is determined by the amount of the loss and the amount fixed in the contract. The system is used in mandatory types of insurance, when concluding bilateral agreements. When signing contracts, partial insurance does not apply. A special feature of the system is the mandatory determination of property wear and tear at the time of the insured event.
Conclusion
Receiving the maximum amount under compulsory motor liability insurance in 2021 is a real option. The amount of payment depends on how and who was injured in an accident on the road.
It is important to be aware of your own rights and act correctly. You should take every stage of communication with the insurance company as seriously as possible. Carefully collect the required package of documents, including the evidence base. This will allow you not to get confused if problems arise, but to seek help from the court.
How is car depreciation calculated?
The cost of repairs under MTPL, taking into account wear and tear, is determined according to specific rules.
For any individual node there is its own special formula for calculating the amount of its wear.
Body wear can be found out by calculating the value using the formula:
in this formula:
- – body wear size;
- – base of natural logarithm;
- – age of the car;
- - manufacturer's warranty.
Car tire wear can be determined using the proposed formula:
in this formula:
- – tire wear;
- – tire pattern size (new);
- – tire pattern size (old);
- – min tread height for operation.
Battery wear can be determined as follows:
in this formula:
- – battery wear;
- – battery age;
- – legally established battery life.
Similar formulas for individual components that may be damaged in an accident have been developed by the State Duma. However, if a citizen wants to carry out the calculation on his own, he will have to use special formulas, which are not particularly difficult if you know how to calculate the wear rate.
All car owners must familiarize themselves with the sample calculation of the amount of wear and tear (according to the car insurance contract). To do this, consider the formula:
in this formula:
- - physical deterioration;
- – residual wear;
- – maximum permissible wear;
- – worn out;
- – the maximum value of the resource of an individual part.
What maximum figures can the wear and tear of a car reach? Previously, this value could reach up to 80%, which would be quite a significant amount! This moment was illogical and extremely unprofitable. Therefore, amendments to the legislation of October 1, 2014 came into force. Now the maximum amount of wear under MTPL cannot exceed 50% (Clause 19, Article 12 No. 40-FZ).
Violation of this rule of law may result in administrative liability for the insurance company.
Parts that have a significant impact on safety are always paid for under MTPL as without wear and tear, regardless of the amount of wear and tear and other factors that determine their cost.
Most car owners considered these amendments fair, since insurance companies already receive huge income from their activities.
Coefficients and formula for calculating compulsory motor liability insurance
Today, you can easily calculate the cost of compulsory motor liability insurance within a few minutes, without even leaving your home. To do this, just use an online calculator to calculate the cost of an insurance policy.
But in order to find out in more detail what the final price is made up of, we suggest that you familiarize yourself in more detail with the formula for calculating the amount of the insurance premium (insurance rate) for a mandatory MTPL policy:
Insurance premium amount = TB x CT x KBM x KVS x KO x KM x KS x KN
- TB - the basic insurance rate, differs by type of vehicle (for category “B” - 1980 rubles ).
- CT - coefficient for taking into account the territory of primary use, depends on the place of registration of the car (Moscow - 2 , St. Petersburg - 1.8 ).
- KBM is a coefficient taking into account the presence or absence of insurance payments, depending on good behavior on the roads.
- KVS – coefficient taking into account the age and experience of the driver (age more than 22 years and experience more than 3 years – 1).
- KO - coefficient for taking into account the number of persons (limited - 1 , unlimited - 1.7 ).
- KM is the engine power accounting coefficient, the higher the power, the higher the coefficient (from 0.6 to 1.6 ).
- KS - coefficient for taking into account the period of use of the vehicle, depends on the expected period of use of the car during the validity period of the MTPL (the whole year - 1 , no more than 3 months - 0.4 ).
- KN – coefficient of registration of violations (in case of false information – 1,5).
A little practice
Let's say you have a passenger car (engine power 75), registered in St. Petersburg. The owner of the car is 37 years old (driving experience 10 years). Additionally, he wants to include his son with a driver’s license (age 18) in the insurance policy. Insurance period – 1 year. No previous insurance events.
TOTAL: 1980 x 1.8 x 1 x (1.7 x 1) x 1 x 1 x 1 x 1 = 6058.58 rubles.
