Who is entitled to payments under compulsory motor liability insurance in case of an accident in 2021?

Changes to MTPL rules in 2021

Important innovations of MTPL are valid from 09/25/2017. They relate to compensation for losses, repairs, the procedure for issuing insurance forms, the timing of inspection of a damaged car and the financial side of compensatory payments from compulsory motor liability insurance and the cost of the policy itself. A new option for in-kind compensation - repairs - is already applied for insurance after April 28, 2021. Regardless of the term of the contract, the new rules provide for payment of damage in the event of a collision of several (two or more) vehicles.

In 2021, MTPL forms will be equipped with a security QR code, which makes information about the policyholder available online: you can check the authenticity of the insurance via the Internet from anywhere. According to the new legislation, car owners can expect not only increased rates for insurance services, but also a multiple increase in the amount of coverage. The amendments suggest a possible change in the price category of the vehicle user and the calculation of the coefficient determined by the number of accidents during previous driving periods and their severity, which ultimately leads to an increase in tariff rates.

The introduction of changes affects the price category of the MTPL policy and the calculation of the bonus-malus coefficient (BMC), which determines the cost formation. A driver who does not have an accident in a year receives a discount, or otherwise, he will face an increase in the price of contributions for the next year. The new calculation for compulsory motor liability insurance depends on the number and severity of accidents during the previous driving time and is formed from:

• region of registration of transport;
• age and length of service of the policyholder;
• machine power;
• the number of persons with insured liability under compulsory motor liability insurance;
• insurance validity period;
• owner status (individual, legal entity).

Payments to the culprit of an accident under compulsory motor liability insurance

When a car collides, there is always a culprit and a victim. It is extremely rare that both drivers are found guilty. The culprit of an accident is the person who caused the accident, which means that only the victim will receive the money.

After an accident, the person at fault is not entitled to any payments; he receives a mark, the result of which will be a reduction in the class of the policy upon further renewal, and, as a result, an increase in the coefficient.

The answer to the question of how many times the insurance amount will increase can be found in the legal document “Instructions of the Bank of Russia dated September 19, 2014 No. 3384 - U,” which contains a special table by which the Bonus-Malus coefficient is determined. It is with its help that you can find out how much the insurance will increase if one or more insurance compensations are paid.

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Legal regulation

The main regulatory legislative document in this area is the latest edition of the Law of April 25, 2002 No. 40-FZ “On compulsory civil liability insurance of vehicle owners.” The innovations introduced by Law No. 49-FZ of March 28, 2017 took effect on September 25, 2021 and affected significant aspects of the “automobile citizenship” process:

• the deadlines for inspection of a damaged car by insurers have been changed - the loss must be assessed 5 days after filing a claim for an accident;
• independent examination is prohibited;
• the period for claims from vehicle owners to insurance companies is 10 days;
• from September 2021, the policy must be valid for at least 1 year;
• after 04/28/17, monetary compensation for losses under compulsory motor liability insurance was replaced with in-kind compensation - direct payments go to repair shops;
• the payment limit has been increased to 400 thousand rubles for property, and to 500 thousand rubles for individuals.

The cost will be affected by the tariffs adopted by each region, and for vehicle fleets and legal entities an average coefficient will begin to be used, which will also increase the cost of payment: the number of company cars implies an increase in the number of automobile violations. Increased coefficients will be established for those guilty of violations:

Death benefits

Starting from 04/01/2015, amendments came into force providing a guarantee of receiving money to pay for funerals, as well as financial support for citizens whose breadwinner died. Previously, these amounts were paid only to dependent persons, but now compensation can be paid to each relative.

What to do if your MTPL payment is refused?

Read about the grounds for refusing payment under compulsory motor liability insurance here.

What is in-kind compensation under compulsory motor liability insurance, read the link:

Currently, the beneficiaries receive an amount of 475 thousand rubles as compensation, as well as 25 thousand rubles to pay for the funeral.

Part 7 of Article 12 of the Federal Law of April 25, 2002 No. 40-FZ

The amount of insurance payment for causing harm to the life of the victim is:

• 475 thousand rubles - to the beneficiaries specified in paragraph 6 of this article;
• no more than 25 thousand rubles for reimbursement of funeral expenses - to persons who incurred such expenses.

Who receives compensation under compulsory motor liability insurance from the insurer in the event of the death of several people in an accident? The answer to this question is simple; every family left without a breadwinner as a result of a car accident should receive funds.

What is compensation under compulsory motor liability insurance?

Legislation obliges all vehicle owners to have an insurance policy that insures the risks of all victims: for people – the risk of harm to life/health; for motor vehicles – the risk of damage to property. To purchase an MTPL policy you will need to provide:

• passport of the car owner and policyholder;
• diagnostic inspection card (if the car is more than 3 years old);
• driving license of all prospective drivers;
• PTS;
• vehicle registration certificate.

After registration, the insurer issues the policyholder with the original insurance (policy), insurance rules, a memo in case of an accident, and a document confirming the payment of funds. You must always carry the policy with you in your car. The document drawn up by the policyholder independently electronically through the website of the insurance organization must be printed.

The insurance company of the person at fault for the accident compensates the losses of those who were injured with monetary sums or repairs. Payments are made within the limits determined by the Law. Thus, legal protection is guaranteed to all participants in an accident: the victim receives insurance compensation, the culprit does not have the obligation to pay in full for the repair of someone else’s car. The policyholder must clearly understand:

• he does not have the right and opportunity to claim compensation if he is the culprit of the accident;
• harm is compensated only to the injured party, which is recognized by the traffic police.

If the culprit has a CASCO policy, then, unlike compulsory insurance, he will be entitled to payments for this type of insurance services both for himself and for his car, depending on the contract. In addition, in CASCO, the maximum amount, as well as the minimum, is possible and is not limited to the official limit of compulsory motor liability insurance if you are involved in a traffic accident.

The practice of applying regulations proves that there are complex situations that cannot be resolved quickly and simply by law. In some cases, a citizen may be simultaneously recognized as a victim and guilty, then he already has the right to payments as a victim of an accident. Disagreements arising in the course of identifying the perpetrators and the amount of compensation are resolved in court using the statute of limitations, which is usual for civil cases - 2 or 3 years.

Object and subjects of insurance

The main regulatory act distinguishes 2 types of victims - people and transport. The type of object group determines the form of compensation to the subject who suffered the damage. Many people can be injured in an accident, and the law specifically describes those entitled to insurance payments. These can be individuals - the victims themselves in the accident or, in the event of their death, their direct heirs and persons under the will:

• the driver who is not at fault in the accident;
• passengers;
• pedestrians;
• cyclists.

The insurance company pays expenses when the owner of compulsory motor liability insurance becomes liable in an accident involving his car and property damage of this kind is caused: damage to other people's cars, traffic lights, buildings, structures, structures, that is, the object of compulsory auto insurance is the property interest of those affected by the actions of the policy holder .

Compensation for damage caused to the injured party

Payments under compulsory motor liability insurance in 2021 are made taking into account the following: if the cost of repairs is higher than the cost of the car before the accident, the maximum possible amount is transferred; compensation for restoration takes into account the costs of transportation by tow truck and depreciation of the vehicle. If the limit established by the Law is enough for repairs, then the person responsible for the incident will not have to pay extra.

In case of excess costs, the victim has the right to demand additional payment from the culprit in court, as well as compensation for moral damage, demanded from the culprit only in court. If the calculated insurance payment does not suit the person who suffered, and there are intentions to receive maximum payments, it will be necessary to submit a written claim to the insurer. If the additional payment is not received within five days after this, you will have to file a claim. It is important to note that the insurance company may refuse to satisfy the application for the following reasons:

• there were substances dangerous to surrounding people in the car;
• the citizen did not have a driver’s license;
• The policy does not indicate the culprit of the accident.

How is the amount of an insured event calculated under compulsory motor liability insurance?

The amount of compensation is determined based on the expertise of the insurance company’s employees. Appraisers must produce the following documentation:

• Vehicle inspection report;
• Certificate of determination of the market price of the damage caused.

The inspection report must contain the following information:

• Vehicle model;
• Release information;
• Registration number and other information about the vehicle;
• Owner information;
• What damage did the car receive?
• How much time is needed to carry out repair work;
• Final price indicator;
• Calculation of vehicle depreciation.

During the calculation, many insurance companies try to reduce payments under compulsory motor liability insurance. If no one was injured during a traffic accident and both drivers have a compulsory motor liability insurance policy, you can receive compensation in a simplified manner. To do this, you should transfer the Europrotocol to the company. However, the amount of payment in this case is limited and amounts to no more than 50 thousand rubles. If the amount of damage significantly exceeds the established limits, the initiator of the accident must pay the difference to the victim.

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

With the latest legislative innovations, the limit for payment of compulsory motor liability insurance has been raised and in 2021 it is:

• in case of harm to the life and health of the victim - 500,000 rubles for each;
• in case of damage to the property of the victim - 400,000 rubles for each person.

If the person responsible for the accident entered into an insurance contract before October 2021, losses are calculated at the rates at the time the policy was issued. The above figures are maximum and it is not possible to receive more than this amount under compulsory insurance. Specific amounts are considered by insurers taking into account the wear and tear of the vehicle, the severity of the injuries, the cost of restoration and many other factors: specialists carefully study the damage so as not to overpay8

Vehicle damage limit

The maximum compensation is determined by Article 7 “Insured Sum” of Law No. 40-FZ and for property amounts to 400 thousand rubles. for each person injured in the incident, that is, this amount is not divided among all participants, the right to claim full compensation is given to everyone. The insurer must reimburse the costs at its own expense by carrying out repair and restoration work. If both drivers are at fault, they can expect half the damage.

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In case of drawing up the Europrotocol

The law provides for the preparation of documentation about an accident without the participation of State Traffic Inspectorate employees and the beneficiary’s independent sending of a notification to the insurance company. The copy is filled out by the perpetrator together with the victim at the scene of the accident and sent to the insurance company within 5 working days. It is necessary to photograph the scene of the accident, the damage, estimate the approximate losses and keep the car in its damaged state until inspected by a representative of the insurance company.

The maximum for insurance compensation in this case is 50,000 rubles. Conditions for compensation of losses through the so-called “Euro protocol”: only two vehicles are involved in the collision; there were no injuries (deaths), no damage was caused to other property; There are no disagreements about the details of the accident or damage between the participants. The European protocol is drawn up according to the rules:

• a ballpoint pen is used;
• each participant fills out the appropriate part of the protocol regarding his information;
• signatures of both parties are affixed to the front side;
• additions and adjustments are signed by the person who has no objections to them.

Increase in payments under the European protocol

The peculiarity of the European protocol is that you can draw up a special type of document and submit it to the insurance company to receive payments without the participation of traffic police officers. However, the execution of the European protocol entails compliance with the following mandatory conditions:

• no more than two people are involved in an accident;
• people’s health was not affected, and everyone was alive;
• both participants agreed who is the culprit and who is the victim;
• no damage was caused to the participants’ property;
• both participants have an MTPL insurance policy.

If you can resolve the accident on the road yourself, then each participant needs to fill out a European protocol and send it to the servicing insurance company. However, you must submit your copy of the notice no later than 5 days after the accident. As for the maximum amount of compensation under the European protocol, in 2021 its amount does not exceed 100,000 rubles. The main condition is a mutual agreement between the participants.

For harm to health

Compulsory motor liability insurance is paid to citizens who were injured in an accident - this is the driver (not at fault in the incident), passengers, pedestrians, cyclists and other persons injured in the accident and, in the event of death, their heirs (including family members and citizens under a will) . For injured individuals, there is a wide range of expenses that the insurance company must take into account in payments, but if injuries can be treated under the compulsory health insurance system, the chances of receiving additional money are reduced.

Payments are made in proportion to the damage received. Reimbursable expenses are as follows:

• provision of first aid;
• diagnostic study;
• treatment and stay in a medical facility, including food, medications, medications and special materials;
• prosthetics;
• loss of earnings due to disability.

When determining the disability of the victim

If the accident causes damage to the life and health of the victim, a full examination is carried out. The amount of payment under compulsory motor liability insurance is determined by the damage caused on the basis of a medical report:

In the event of the death of the victim

In the event of the death of a participant in an accident, compensation for harm is received by persons entitled by civil law to compensation in the event of the death of the breadwinner (in their absence, these are the spouse, parents, children and persons who depended on the deceased). The family receives funeral funds of no more than 25,000 rubles and also compensation for damages of 475,000 rubles.

How do payments occur if you have MTPL and CASCO insurance?

When a car is insured under both MTPL and CASCO, there is no reason to worry. If a citizen is the culprit of an accident, the insurer pays money to the victim, and the culprit himself, at the same time, will receive compensation under CASCO.

If you are not the culprit of the accident, you will receive payment under compulsory motor liability insurance from the insurer of the person at fault, in addition, you will be paid the funds provided for by the CASCO policy.

One way or another, no matter what the circumstances, if you have two types of insurance, you will receive money under any conditions.

How is the amount of insurance coverage calculated?

The final result of the coverage calculation is influenced by many factors. To determine the following are taken into account:

• wear and tear of the vehicle, taking into account the operating time, mileage (for monetary compensation) and parts to be replaced;
• transport power;
• features of damage;
• place and circumstances of the incident;
• driving experience;
• duration of the policy;
• region of policy registration;
• condition, type, cost of the vehicle before the incident.

In-kind form of compensation for damage caused in 2018

In accordance with the latest legislative amendments to MTPL, for insurance policies issued after April 28, 2021, losses in the event of an insured event are compensated by repairs at the expense of the insurer. The need for such an innovation was approved by the State Duma in order to block the way for fraud to receive funds from imaginary victims: thus, according to the Agency for Financial Research, in 2021 the share of payments under motor vehicle insurance to people who were not actually injured in an accident reached half of all amounts paid.

At the same time, today, with the in-kind form of compensation, there are many problems and vulnerabilities that cause dissatisfaction among drivers with this new system:

• use of non-original spare parts and components;
• insufficient allocated hours for work;
• the practice of repairing parts instead of replacing them with new ones;
• incomplete repair of damage;
• general unsatisfactory quality of repair and restoration services.

As a result, if the victim has doubts about the correctly determined cost of spare parts or is dissatisfied with the quality of repairs under compulsory motor liability insurance, he can seek an independent examination and file a claim with the insurers, and if the latter refuse, go to resolve the issue through the courts. For the injured party, such difficulties complicate the entire process, which is already troublesome and unpleasant.

Requirements for the insurance company for organizing high-quality repairs

By law, the insurance company must enter into contracts with service stations and implement specific conditions for organizing quality repair services:

• service stations (STS) provided to the victim must be located within 50 km from the accident or the place of residence of the vehicle owner;
• repairs by such workshops cannot last more than 30 days;
• If the driver is not satisfied with the proposed choice of service station, he can agree with the company on the choice of another service station.

Carrying out repairs at the expense of the insurance company

The repair procedure begins with the insurance organization calculating the cost of repairs to restore the vehicle:

1. The insurer evaluates the work and calculates the costs of restoration repairs according to the unified methodology of the insurance market regulator (Central Bank Regulations dated September 19, 2014 N 432-P), where the amount is determined without taking into account wear and tear of the vehicle, as in the case of cash payments.
2. The owner of the damaged vehicle is invited to select a service station from the proposed list. For vehicles under warranty, work is performed by dealerships while maintaining the warranty.
3. The service station work must be completed within a month.

In what cases is monetary compensation possible?

You can receive cash compensation under MTPL in exchange for repairing a damaged vehicle when:

• the car is completely destroyed;
• the cost of repair work exceeds the limit of 400 thousand rubles, and the owner does not intend to pay extra to the service station;
• the insurance company is not able to organize high-quality repairs within the allotted time;
• the owner has difficult financial conditions and the commission of the Russian Union of Auto Insurers approved his request;
• there is a written agreement between the insurer and the recipient for an amount determined by the insurance organization (usually less).

How to file a claim for direct damages

The main document that allows you to receive payment is the statement of the injured person. You can create it without any effort if you use the insurance company’s form. Each insurance company has its own samples for submission.

• The application must indicate the name of the insurer, information about the owner who was not at fault in the accident, as well as about his car.
• Detailed description of the causes and circumstances of the accident.
• When did it happen, what elements of the car were damaged, etc. You also need to attach a report on the inspection of the car.
• A copy of the application must bear a mark indicating its acceptance for further consideration. This is necessary to monitor compliance with the deadlines required by law.

Attachments to the application are transferred using a special act of transfer of documents, which indicates the details for transferring money, as well as a list of all attached documents.

The procedure for processing insurance payments under compulsory motor liability insurance in 2021

Obtaining MTPL insurance does not seem difficult at first glance, but it is important to strictly follow the following steps:

• if there are victims, call an ambulance;
• call a traffic police representative;
• notify the insurance company about the insured event;
• collect the necessary documents;
• draw up a written application and send it to the insurance organization at its location or its representative;
• Additionally, in addition to written form, documents can be sent electronically.

What documents are required

A citizen applicant for accident insurance within the framework of compulsory motor liability insurance is required to submit a package of documentation:

• passport (photocopy) of the culprit;
• documents for the vehicle (copies);
• certificate from the traffic police;
• notification of an accident;
• protocol (copy) of an administrative violation/ruling on refusal to initiate an administrative violation;
• details for transfer.

Payment deadlines in 2021

To resolve the issue of payments to the victim and insurance organizations, a limited time is given. Within 5 calendar days, an application for an insured event must be sent to the insurance organization, which is given 20 working days to transfer funds for restoration repairs or submit a justified refusal of compensation. If the twenty-day deadline is not met, the company faces fines for delay - it will have to pay the victim a penalty at the rate of 1% of the insurance for each day of delay, but within the limits of the entire insurance premium under the contract.

How long should I wait

The payment period for compulsory motor liability insurance begins to be calculated from the moment the documents are submitted to the insurance company.

If the documents were submitted on purpose, then the day of reception is considered the day of the visit to the insurance company.

If the documents are sent by mail, then the insurance company has 3 days to request additional documents and demand that deficiencies in the submitted documents be corrected.

After 20 working days, the insurer either makes a payment/refers for repairs or denies the insured event.

This decision is made in writing and sent to the victim.

Payment under compulsory motor liability insurance within a longer period is fraught with the collection of a penalty. The victim can demand it from the insurance company in court.