Maximum payment under compulsory motor liability insurance in 2021, terms of payments in case of an accident

Changes in compensation under compulsory motor liability insurance

The amount of maximum insurance payments is fixed in the Federal Law “On Compulsory Motor Vehicle Liability Insurance” No. 40-FZ.
The law was initially adopted on April 25, 2002, and then was amended several times. The current version of the law partially came into force on July 1, 2016, and finally came into force on October 1, 2016. This point must be taken into account. Today, when applying to an insurance company for payments, the limit on the amount of compensation depends on the date of conclusion of the insurance contract under the MTPL system.

If the car owner entered into an insurance contract before October 2016, the insurer will pay at the rates established by law at the time of registration of the contract.

What is the maximum amount of compensation under compulsory motor liability insurance?

According to Art. 7 of the Law on Compulsory Motor Liability Insurance, as amended, the maximum payment for damage to a car in an accident is 400 thousand rubles, and for causing harm to life or health - 500 thousand rubles.

It should be remembered that the insurer, when calculating the amount of compensation for a specific insured event, takes into account many factors. For example, the nature of the damage received, the degree of wear and tear of the car, etc. Therefore, the final insurance amount will be less than the maximum limit established by law.

Payments have also been increased in the event of the death of a victim in an accident. The insurance company will pay the maximum compensation to the dependent of the deceased driver, who was the injured party in the car accident, in the amount of 475 thousand rubles.

In the event that several people died in the car, the insurer will compensate 475 thousand rubles in compensation to each family whose breadwinner died.

If the burial of a motorist who died in a traffic accident is handled by other people, and not the dependent who received compensation, then they will be able to contact the insurance company and receive 25 thousand rubles under the OSAGO policy of the deceased.

The law sets the maximum amount of funeral expenses for persons who were involved in funerals at the level of 25 thousand rubles.

Maximum amount of compensation under compulsory motor liability insurance in 2021

Changes were constantly taking place in the regulatory legal acts regulating issues related to compulsory motor liability insurance. They concerned various aspects of compulsory insurance. In 2021, amendments were once again made that affected the features of calculating maximum payments under compulsory motor liability insurance in the event of an accident.

Expert opinion

Maria Skoraya

Insurance expert

OSAGO calculator

However, to clarify the maximum amounts of payments under compulsory motor liability insurance, it is necessary to consider the circumstances of the accident in which compensation is due. The maximum amount of payments will depend on the characteristics of the accident.

In case of damage or total loss of the car

In case of damage to the car during an accident, payments allow you to restore the car. In accordance with the adopted amendments, the maximum payment for the presented category will not exceed 400 thousand rubles .

For causing harm to health

If there are persons injured during the accident, the insurance company undertakes to provide compensation under the MTPL agreement. In these circumstances, the maximum payment is 500 thousand rubles .

Compensation is due to all participants in the accident who suffered harm to health as a result of the accident.

In the event of the death of the victim

In the event of the death of one or more participants in the accident, payments are accrued in accordance with the law. Family members of the deceased receive 475 thousand rubles . In addition, the insurance company will allocate an additional 25 thousand rubles to cover the services of the funeral organization. If there are several dead, all families who have lost their breadwinner receive payments.

In case of drawing up the Europrotocol

A special place is occupied by the Europrotocol, which allows car owners to receive compensation without calling the traffic police. However, the ease of registration affects the amount of payments that participants in the accident can receive.

Based on the latest amendments, we can conclude that the amount of compensation is 100 thousand rubles . Only if an accident occurs in Moscow or St. Petersburg, compensation can be increased to 400,000.

Car owners must come to mutual agreement when resolving issues to resolve the situation.

With mutual guilt

Sometimes, when an accident occurs, both participants in the accident may be at fault. This conclusion is made by traffic police officers, as well as on the basis of an independent examination. When this fact is established, the maximum amount of payments is divided equally between those responsible for the incident.

If the maximum payment under compulsory motor liability insurance was 400 thousand, each driver can qualify for 200 thousand rubles . In the case of the Europrotocol, an amount of 100,000 rubles will be divided between vehicle owners.

How are payments made under compulsory motor liability insurance in case of an accident with victims?

We already know that the maximum insurance for damage to human life and health as a result of an accident is 500 thousand rubles, but how do insurers determine the amount of compensation in each specific case?
There is an established scale of fixed insurance amounts, depending on the amount of damage caused to health. Let's take a closer look. If a traffic accident caused significant damage to health, as a result of which a person acquired a 1st degree disability, then the amount of compensation is 100% of the maximum refund amount. Accordingly, after submitting the appropriate package of documents, the insurer compensates the victim 500 thousand rubles.

When the consequences of damage caused to health during a car accident lead the motorist to 2nd degree disability, the insurer estimates the amount of compensation as 70%, which is 350 thousand rubles. If the driver receives injury to health as a result of which the driver receives a 3rd degree disability, the amount of compensation will be 50%, which is equal to 250 thousand rubles.

If during a car accident there was a child in the injured party’s car and his health was damaged, which led to disability, then the insurance company will pay 100% compensation. Accordingly, the insurance compensation will be at the level of the maximum amount established by law, namely 500 thousand rubles.

Thus, insurers calculate the amount of insurance for each specific case, based on the degree of damage received in an accident. For example, in case of internal bleeding with blood loss up to 1000 ml, the amount of compensation will be 7%, which is 35 thousand rubles.

If blood loss is more than 1000 ml, then payments will be 10%, which is equivalent to 50 thousand rubles. As can be seen from the examples, they try to underestimate the compensation amounts.

In what case should you go to court?

It may turn out that the insurance company, for obvious reasons, awarded compensation less than the amount that the car owner expected. We are talking about cases where the amount of damage clearly exceeds the maximum amount of payments under compulsory motor liability insurance. In no case should you give up, but the driver will have to spend money. If the car has not been repaired after a traffic accident, an independent examination should be urgently carried out. The resulting appraiser's report and a properly completed claim are then sent to the insurance company. The so-called pre-trial settlement procedure comes into effect.

If the insurer refuses, the next step is to go to court. With proper preparation for the trial and absolute confidence in their rightness, car owners usually win such cases.

There are cases when even the MTPL limit does not cover the damage received in a road accident. In such a situation, there is only one thing left to do - try to negotiate with the culprit of the accident on additional compensation for losses. Most likely, it will not be possible to resolve the problem amicably and then there is only one thing left - a judicial solution to the issue.

Unfortunately, accidents on Russian roads have become a gray part of everyday life and it is almost impossible to protect yourself from car damage. As sad as it sounds, you need to be prepared for such a turn of events and have a clear idea of what needs to be done and in what order.

Changing the limit under the Europrotocol

The insurance limit under the European Protocol has been doubled since 08/02/2014. Today, the maximum amount of compensation under the Euro Protocol is 50 thousand rubles.

In order for insurers to pay 50 thousand rubles, the condition must be met that both participants in the accident issued insurance contracts after 08/02/2014. For contracts issued before 08/02/2014, the limit under the Euro Protocol remained at 25 thousand rubles.

From 10/01/2014, for Moscow, the Moscow region, St. Petersburg and the Leningrad region, a maximum limit under the Europrotocol was introduced at the level of 400 thousand rubles.

For these regions there is a special procedure for registering an accident. The time and coordinates of the car must be recorded on the video and photography, which are transferred to the insurance company along with the Europrotocol.

Such functions can be provided by a video recorder that has a GPS / GLONASS sensor and cameras with built-in additional functions. Only those car owners who signed an agreement after October 1, 2014 will be able to use the new limit.

Receiving Maximum Compensation

To receive maximum payments under compulsory motor liability insurance, you must begin to act from the moment the accident occurs. The sequence of mandatory operations is usually contained in the instructions attached to the contract.

Main stages:

Stop and do not move the vehicle from the place where the accident occurred.
Display a warning triangle and provide emergency assistance to the injured. If necessary, call an ambulance.
Discuss with the other participant in the accident the possibility of drawing up a European protocol (if all the conditions for it are met).
If it is impossible to independently record the fact of an accident, call the police and an emergency commissioner from the insurance company (if such a service is available).
Submit a complete package of documents to the insurance company no later than 5 days from the date of the accident. Do not carry out any repair work until the vehicle is inspected by a technical expert. If there is a suspicion that the amount of compensation may be underestimated, then in order to conduct a second independent examination, it will also be necessary to keep the car in its original condition.
If you disagree with the insurance company's decision on the amount of compensation, send a claim to it. If the answer is negative, prepare a statement of claim to the court.

What factors will determine the final payment amount?

The final amount of compensation is influenced by:

completeness of the package of documents. Partial submission of papers may cause refusal or increase the review period;
presence of traffic police officers at the scene of the accident and reliable recording of data in the protocol;
compliance with the five-day deadline established by law for contacting the insurance company;
availability of additional independent expertise confirming a large amount of damage;
the absence of controversial and unclear issues at the time of registration and consideration of documents on the accident.

What documents need to be submitted to the insurance company?

The injured party will need to provide:

Policyholder's passport.
Passport and power of attorney of the person representing his interests (if necessary).
Driver's license of the person who was driving at the time of the accident;
PTS.
MTPL policy and agreement to it.
An accident report drawn up by traffic police officers at the scene of the accident.
A copy of the notice of the occurrence of the insured event.
Documented testimony.
Evidence confirming the facts from the protocol (photos, videos).
Court decision to determine the perpetrator (if necessary).
Results of an independent examination (at the request of the car owner).
Conclusion of the expert commission.
Medical report in case of damage to health.
Death certificate of victims.

If any documents are missing, the insurance company has the right to send a request to the policyholder to provide the missing documents. Only after receiving the complete package, representatives of the insurer have the right to begin considering it.

Changes in the procedure for obtaining insurance

With the increase in the number of appeals from motorists to the courts about non-payment by insurance companies of compensation for damage received in an accident, the legislator adopted new rules on September 1, 2015.
Insurers are required to compensate for damage within 20 working days from the moment the injured driver submits a package of documents. This norm is fixed in Part 21 of Art. 12 of the Law on Compulsory Motor Liability Insurance. The clause states that the insurer can not only make a compensation insurance payment, but also issue a referral for car repairs indicating the repair period. When an insurance company enters into an agreement with a service station and offers victims to have their car repaired there, such actions by insurers are called compensation for damage in kind.

If the insurance company has decided to refuse insurance payments, then a letter of such refusal must be sent no later than the same 20 calendar days. Delaying payments or sending a refusal letter after the deadline is punishable by severe sanctions.

For each day of delay in payments, a penalty of 1% of the amount of compensation is charged. If the decision to refuse payment is delayed, the penalty for each day will be 0.5% of the amount of insurance possible for this case.

When an insurance company unreasonably underestimates the amount of damage suffered by a victim in a car accident and accordingly calculates a lower amount of compensation, then a significant fine may be imposed on it for such actions. The maximum fine for the insurer is 50% of the amount that had to be paid.

According to current practice, if the insurance company has paid little or delays compensation for damage, it is necessary to contact an auto lawyer to prepare and file a pre-trial claim. If such actions do not lead to the expected result, then it is necessary to file a claim in court. It is the court that will determine the amount of compensation and the amount of the fine for each day of delay.

The requirements for the deadlines for victims to submit documents to the insurance company and for reporting an accident have become more stringent. Thus, when drawing up a Europrotocol, each driver must call his insurer as soon as possible to record the accident.

It is necessary to report the time, place, circumstances of the collision and briefly describe the damage received. The package of required documents, including an application for payments, must be submitted no later than 5 working days.

If the car accident was registered with the participation of traffic police officers, then you need to call the insurance company as soon as possible, and you need to write an application for insurance payment and provide a package of necessary documents within 15 working days. It is not necessary to submit the entire package of documents at once.

First, it is better to take what you received in your hands after registering the incident: a certificate of the accident and a copy of the protocol.

You also need to make copies of your documents:

Russian Federation passports;
driver's license;
vehicle registration certificates;
car registration certificate.

An administrative violation resolution can be issued even two weeks after the accident. Then the victim will only have to receive the document in hand and take it to the insurer. By doing this, the car owner will document the insured event in a timely manner and submit the necessary package of documents to the insurance company.

If the victim does not make a call from the scene of the accident and then does not provide the insurance company with the necessary documents within 20 days, then they will refuse to pay compensation for damage. In addition, a telephone message about an accident is specified in the section of the responsibilities of the policyholder of the compulsory motor liability insurance agreement.

Payment terms after an accident

To protect the rights of victims, the legislator clearly established the deadlines within which the insurer must take all necessary actions to assess the damage and make payment.

The Federal Law on Compulsory Motor Liability Insurance provides for a maximum period for payment, which as a general rule is 20 days. This period can be extended only if the victim’s obligations to provide the damaged car are violated.

The total period does not include non-working holidays and is calculated from the moment the complete package of documents is submitted, including:

application - its form is provided by the insurer at the time of application;
insurance contract;
car documents;
passport and driver's license;
power of attorney if the applicant is not the owner of the car.

Attention! If payment terms are violated, the insurer is obligated to pay a penalty, which after the latest changes amounts to 1% of the total payment amount.

Within the general period of 20 days, the insurance company also decides whether to recognize the case as insured under MTPL or to refuse payment. If the deadline for sending the refusal to the victim is violated, the insurer is responsible for paying a penalty amounting to 0.5%.

There is also a specific deadline for the victim to apply for compensation; it is 5 days. By missing this deadline, the victim risks being denied payment for the damage caused. At the same time, judicial practice in this matter does not support insurance companies, therefore, having received a refusal, the issue should be resolved in court. The statute of limitations for disputes under compulsory motor liability insurance is 3 years.

The nuances of obtaining insurance

Payments under compulsory motor liability insurance for damage to health.
As we wrote earlier, the compensation limit depends on the date of conclusion of the insurance contract. Only motorists who have issued an MTPL contract after 10/01/2016 can count on the maximum amount of insurance for material damage of 400 thousand rubles.

But it should be borne in mind that when the victim contacts the insurer with an application for payment of insurance, the accruals will be carried out according to the policy of the person responsible for the car accident.

Thus, the payment limit will depend on the date of concluding the insurance contract for the driver at fault in the car accident, and not the date of signing the compulsory motor liability insurance contract for the victim. Whatever maximum amount of payments was in force by law at the time of signing the insurance contract, this amount of compensation should be calculated. If you believe that the accrued insurance payments are underestimated, you can file a claim in court.

Conclusion

Amendments to the legal framework governing the calculation of payments were adopted specifically to reduce the burden on the court. Previously, car owners often went to court to resolve the issue of payments under compulsory motor liability insurance, since there were not enough funds to restore the car.

Against the backdrop of the adopted amendments, the maximum amount of payments in case of an accident was increased. This innovation allowed car owners to receive the necessary funds for repairs. However, the actual amount of payments differs significantly from the established maximum.

Documents for receiving insurance payment

To receive insurance payment under compulsory motor liability insurance, you must provide the following documents to the insurance company:

Application for insurance payment. The application form can be downloaded from the RSA website or obtained from the insurance company’s office. This application must be accompanied by a document indicating the details for transferring compensation;
Citizen's passport;
OSAGO policy;
A certificate from the traffic police in form No. 154. There you will also be given a protocol on an administrative offense and a resolution on an accident;
Notification of an accident;
Documents for the car (PTS or vehicle registration certificate);
Driver license;
When conducting an independent examination - its result and all documents confirming settlements with appraisers (agreement, receipts, checks).

Payment for car damage in an accident

If, as a result of the accident, only the car was damaged and there was no harm to the health of the participants in the accident, then the parties can draw up a European protocol. The maximum amount of insurance compensation for it will be 100,000 rubles (for Moscow and the region, as well as for St. Petersburg and the Leningrad region - 400,000 rubles).

If the damage is more significant, then traffic police officers should be called to the scene of the accident to officially record the accident. In case of such registration, the injured party can count on compensation for damage under compulsory motor liability insurance for a maximum of 400,000 rubles.

If the amount of damage exceeds the maximum limit under compulsory motor liability insurance, the injured party has the right to go to court in order to recover the missing funds from the culprit of the accident.

Amounts of insurance payments as of 2018

According to the specialized Union of Insurers of Russia, in 2021, total payments under compulsory motor liability insurance amounted to a record 13 billion rubles. Moreover, almost half of all refunds came from professional fraudsters. When an insured event occurs, they ask the insurance owner to renew the power of attorney for the right to receive insurance compensation. Fraudulent schemes involving powers of attorney to provide compensation have reduced the effectiveness of compulsory motor liability insurance and made payments opaque. The product is not so attractive in the motor insurance portfolio of many insurance companies. Companies maintain maximum levels of fees and payments for insurance claims.

Fraudulent schemes led to the fact that the average amount of payments under compulsory motor insurance decreased from 100 thousand rubles to 75.5 thousand rubles. The developed rules are aimed at, if not eliminating the vicious practice of fraud, significantly limiting its spread. The maximum percentage of fraud should not exceed 5% of all refunds.

From April 28, 2021, a new procedure for assessing and paying insurance compensation under compulsory motor liability insurance comes into force. Payment for insurance claims will only apply to those policies that were purchased from insurance companies from the moment the new rules came into force, i.e. after April 28, 2018.

The difference between the new rules and the previous ones is that previously the policyholder sent his car to a service station. Next, it was assessed, the amount of damage (including spare parts for the car) and the insurance company made payments. With the entry of new rules, the policyholder himself can evaluate and install exclusively new spare parts for the car. Installation of secondary parts is permissible - if the parties agreed on this in the contract. Accordingly, for secondary parts the price of MTPL will be much lower.

The maximum payout amounts are set in the following range:

500 thousand rubles is the maximum amount of compensation under compulsory motor liability insurance in case of an accident if there is damage to health;
400 thousand - the maximum amount of payment if property damage is caused to the policyholder under compulsory motor liability insurance;
the maximum payment amount is 50 thousand rubles - provided that all procedures are completed without the participation of the traffic police;
the maximum amount is 475 thousand rubles up to 500 thousand rubles under compulsory motor liability insurance - if there was a case of death of the policyholder. An additional 25 thousand rubles are included in funeral costs - the maximum cost limit.

What is the allowable amount of compensation under compulsory motor liability insurance when drawing up a European protocol, we will consider further.

When drawing up a European protocol

Payments under the European protocol under compulsory motor liability insurance are applicable if in the event of an accident the number of cars does not exceed more than two. Limitations – there is no damage to the health of the participants in the accident at the scene of the accident, there are no threats to life, there is no appeal by either party to a medical facility.

The amount of damage is interpreted by law as insignificant. The parties independently determine the degree of damage caused and the possibility of drawing up a European protocol. The current maximum payment under compulsory motor liability insurance when drawing up a European protocol is estimated at 50 thousand rubles.

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According to the new changes, from June 1, 2018, compensation under the European protocol should have a maximum limit of:

100 thousand rubles - in case of an accident in regions of non-federal significance;
400 thousand rubles under compulsory motor liability insurance - in case of an incident in Moscow, St. Petersburg and in the above areas.

In this case, a mandatory condition for obtaining maximum payments is to provide the insurer with evidence in the form of video materials from satellite systems.

This will significantly relieve the workload of traffic police officers. It is estimated that more than 40% of all insurance claims do not exceed the payment of the specified amount of insured loss.