Deadlines for payments under compulsory motor liability insurance and compensation for damages according to the law. What are the deadlines for paying insurance compensation under compulsory motor liability insurance after an accident in 2021?

What is the general deadline for payment after an accident in 2021?

It is 20 days and is counted from the date of filing the application for insurance compensation and all documents attached to it and is established by paragraph 21 of Article 12 of the Federal Law on Compulsory Motor Liability Insurance. But these are not just calendar days. As well as not workers, not banking and others.

Please note that the deadline for paying compensation for damages for an insured event in 2021 is 20 calendar days, not counting non-working holidays.

Thus, the simplest scenario for contacting an insurance company in standard cases looks like this.

Drivers get into an accident and file it accordingly.
Having received all the necessary documents, the victim applies to the insurance company for compensation for losses; In certain cases, the culprit also needs to be contacted.
The insurer has the right to inspect the damaged car, for which it sends a claim to the victim within 5 days.
And within 20 calendar days, excluding non-working holidays, he must make a payment or send you for repairs.
If the above-mentioned period of compensation under compulsory motor liability insurance is violated, then the insurance company pays (upon request) a penalty and a fine.

Another important subtlety: 20 days are given specifically for payment or issuing directions for repairs to the victim, and not for you to receive them. That is, if the transfer of the paid amount of money takes 3 days or more, or the direction is sent to you by mail, but the letter takes 2 weeks, then the insurer has fulfilled its obligations in full if it sent them within 20 days.

Now let's explain in more detail and with examples how to calculate this period of time, and you will understand when the deadline for compensation comes in your particular case.

Examples of calculating payment dates

We will start with the day from which we should start counting the 20-day period for payment under compulsory motor liability insurance. It is counted from the next day after submitting the application and documents about the accident. Please note that the auto insurance law does not explicitly state this rule. However, in this case it is customary to take into account the scope of related or simply different legislative acts. And they all establish exactly this procedure for calculating deadlines. For example, the very first part of Article 4.8 of the Code of Administrative Offenses prescribes the start of action from the next day.

For example, you were involved in an accident on February 1, 2021. We received all the documents about the accident on February 3, and 4 submitted them with a statement to the insurer. Then the start of the period should be considered from February 5. And the last day for payment is the 25th. From February 26, 2021, late fees begin to accrue.

But in the example above, we did not take into account holidays and non-working days. Well, let's complicate things: let's say that the period from the 20th to the 23rd is established by labor legislation as a weekend. At the same time, only 22 and 23 are holidays, since 20-21 fall on regular weekends. And they are taken into account during the period for compensation under OSAGO.

Then, taking into account non-working holidays, the payment period is extended by another 2 days - that is, the deadline for compensation for an insured event after an accident is February 27.

Let's look at a few more examples to consolidate our understanding of calculus - from the simplest to the complex.

Application submitted April 1, 2021. The last date for payment in this case is April 21 (the period begins on the 2nd, and from the 2nd to the 21st it is exactly 20 days). There were no official holidays during this period. Therefore, nothing is being extended anywhere.
Documents for compensation were submitted on March 1, 2021. But March 8 - International Women's Day - is considered a non-working holiday. Then the period for payment by the insurance company begins on March 2 and lasts until March 22 inclusive (21 days in this period, taking into account 1 non-working day).
You submitted your documents on April 28, 2021. May weekends are considered non-working, divided into 2 periods: from May 1 to May 3 and from May 7 to May 9 inclusive - that is, a total of 6 days. Then the last day for reimbursement will be May 22.

There is also an important point here. You must have confirmation of submitting your application to the insurer within the specified period. This could be an incoming number from the insurance company with a stamp on the second copy of the application, a receipt for its acceptance, or documents from the post office if you sent it through it: a list of attachments and notification of delivery of the letter. Deceptions by insurance companies that they allegedly did not see any documents from you in practice in 2021 are, of course, very rare, however, they are not formally excluded.

Please note that there is a slight subtlety in the case when the last day falls on the weekend. The Law on Compulsory Motor Liability Insurance does not solve this issue in any way. And this case is controversial, because related laws indicate that in this case, the last day of the deadline is shifted to the first working day. But in fact, the question here is not about the fact of payment, but about the fact of transferring money or sending a letter. After all, according to the law, if the insurer sent it within the deadline, then nothing was violated. And look at the state of affairs that results from this, depending on the method of compensation for harm:

if we are talking about payment, and the insurance company sent a payment order on its last day, which fell on the weekend, then nothing has been violated, just the payment will be executed on the first working (banking) day according to the general rule after that;
if they send you a repair order by mail, let the insurer try to find a post office that is open on weekends - of course, there are some; in this case, the post office will actually accept the letter, but will also actually send it later.

But this article would not exist if everything were so simple and only the period for payment of damages after an accident required clarification. Below we will look at a few more subtleties.

What about the European protocol?

How long does it take for the insurance company to pay the money if the notice is filled out? It doesn’t matter - all the same 20 calendar days, except for non-working holidays.

There is only one subtlety - the law obliges you to file a claim for compensation within 5 working days after the accident. However, this period is also unbreakable - if you apply for compensation for damage later, there will be no consequences.

Can the insurance company set its own terms by law?

No. This is why the law exists, to establish uniform rules for observing the rights and freedoms of citizens for everyone without exception.

Therefore, it does not matter which insurance company we are talking about: Rosgosstrakh, Ingosstrakh, Alfastrakhovanie, RESO or others - 20 days are the same for everyone, and all insurers are required to adhere to this period for payment.

Maximum MTPL payment in 2021

What is the maximum payment under compulsory motor insurance, taking into account annual inflation, in 2021?

The payment amount reached 400,000 rubles last year for clients who received an insurance policy later than October 2015. For MTPL clients who received a policy before the specified date, accruals are made at the old rate.

When compensating for health damage, the amount increases to 500,000 rubles. If the amount of damage exceeds the maximum, the person responsible for the incident must cover the difference. The amount is distributed proportionally - reimbursement of the cost of repairing the vehicle, reimbursement of the costs of treating the victim, reimbursement of burial expenses. 500,000 rubles is the payment limit for compulsory motor insurance.

In case of disagreement with the accrued amount of compensation, the victim is recommended to go to court. Our experienced auto lawyers will help you find optimal solutions to the problem, comprehensively and at every stage of the process, guaranteeing maximum results.

What is the deadline for payment in practice in 2021?

Most often, the situation is as we indicated a little higher - insurance companies send payments or letters with a referral for repairs on one of the last days of the term. But this, of course, does not always happen. Insurers often meet the deadline within 10 days.

You should also take into account the fact that 5 days after receiving the application, the insurance company is given to submit a request to inspect the damage to the car from an accident, and the same period is given to provide the victim’s car to the insurer. Therefore, the most likely and most common period for receiving payments in 2021 is from the 10th to the 20th day. But delays in reimbursement, unfortunately, are not uncommon today.

In which case there will be no compensation

In practice, insurance companies do not always pay out insurance. Refusal to pay compulsory motor liability insurance in case of an accident may occur in the following cases:

The culprit of the accident has not been identified. If the driver considers himself to be an injured party, he can order an additional examination or go to court to conduct a forensic examination.
An uninsured vehicle was involved in the accident.
The victim missed the deadline to apply.
The insurance policy has expired.
A training vehicle was involved in an accident if the accident occurred while taking tests or undergoing practical training.
Damage to property was caused by transported cargo.
The victim was performing his job duties at the time of the accident.
The insurer went bankrupt.

Also, the insurance company may refuse compensation if an incomplete package of documents is submitted or if fraudulent activity is detected.

Will there be a payment or a referral for repairs?

In general, this is a separate big topic for conversation. And we wrote about this in as much detail as possible. Unfortunately, it is impossible to determine this 100% reliably while waiting for insurance compensation under compulsory motor liability insurance.

However, the following circumstances should be taken into account:

by default, repairs are the responsibility of the insurer (it is a myth that the insurance company has the right to choose this itself - read 15.3 of Article 12 of the Federal Law on Compulsory Motor Liability Insurance),
but payment may be made if at the stage of submitting the application (or after) you entered into a written agreement with the insurer about this (clause 16.1, as well as other conditions in this clause),
but if the company does not have a single car service center that meets the requirements of the law on organizing repairs, then payment is also due (clause 15.2).

Will they refuse me?

While waiting for the allotted time for the insurance payment, you may not receive the money not only for the reason that you will receive a letter in response with a referral for repairs. The fact is that the letter will arrive, but it will not contain the treasured “prescription for a car pharmacy”, but will be a refusal. By law, he must be motivated.

But, in fact, insurance companies have very few legal grounds for refusals. For example, these may include:

if you refused to provide the car for inspection or examination,
the damage clearly does not correspond to the circumstances of the accident,
the culprit did not have MTPL insurance (this does not include cases where an unregistered driver was driving)
and some others.

We reviewed the full list of reasons for refusal of payment, as well as what to do in this case, with all claims and lawsuits in court in a special article about this.

What to do if the insurance company violates payment terms

In cases where the insurer has not fulfilled its obligations to pay compensation within the period established by law, it is necessary to draw up a pre-trial claim and send copies of it to three addressees:

to the central office of the insurer addressed to the general director;
to the Russian Union of Auto Insurers;
regional representative office of the Central Bank of the Russian Federation.

In a written complaint you must set out your requirements, namely:

payment of due compensation;
payment of a penalty in the amount of 1/75 of the refinancing rate for each day of delay.

Each letter must be sent by post or courier with mandatory notification and a list of all attached documents.

This will not only show that your intentions to collect money are serious, but also your legal literacy. This will also be evidence that the pre-trial claim was sent at all, and this is a prerequisite for trial.

After receiving notifications about the delivery of correspondence, you must wait for a response from the insurer. If there is no answer, then the only advice is to never enter into an agreement with this unscrupulous insurance company again. But before that, you need to go to court to recover your money, because the insurance company will obviously not voluntarily compensate for the damage.

In what time frame must the insurance company pay for damage to health and/or life?

It doesn't matter either. The Law on Compulsory Motor Liability Insurance establishes a single requirement for what period of time for payment of insurance compensation after an accident should be in all cases (to be more precise, in almost all, but this does not include the type of harm caused). And it is 20 days, excluding non-working holidays.

To make sure of this, read carefully again paragraph 21 of Article 12 of the law - it does not distinguish between the type of damage: whether it is only caused to property, or also to health or even life. Still the same 20 days.

Statute of limitations under compulsory motor liability insurance

This concept is applied exclusively in court. The statute of limitations for cases involving the receipt of insurance payments is 3 years. This is stated in Article 966 of the Civil Code of the Russian Federation.

If pre-trial settlement does not produce the desired results, the victim should draw up a claim and submit it to the court office. If the case is resolved in favor of the plaintiff, then insurance payments are made according to the writ of execution. In this case, the victim will receive compensation within 10 days after the court decision.

Sometimes the court requires the defendant to immediately pay insurance, penalties and fines. In this case, the reimbursement period is reduced to two to three days.

The timeliness of payments is controlled by bailiffs. If the insurance company ignores the court's decision, it may lose its license.

When can the 20 days for insurance compensation under compulsory motor liability insurance be extended?

We mentioned above that not everything is so simple in our case. Indeed, the specified 20 days can be extended for an unlimited time, if this is established by law, or does not depend on the capabilities of the insurer and/or if this was the fault of the victim himself.

Let's look at all these cases.

When is the deadline 30 days?

When receiving compensation in the form of repairs, you have the right to have the car repaired not in the service with which the insurer has an agreement, but in the one you have chosen. But only under one condition - you, in fact, have received the consent of the insurance company to pay the bill for repairs at the selected service station.

And this is precisely the exception when the insurer has the right to issue a referral to this car service within a period of not 20, but 30 days - similarly, except for the same non-working holidays. This is regulated by paragraph 21, which refers to paragraph 15.3 of Article 12 of the law.

Thus, repairs at your chosen car service with the consent of the insurance company are the only case when the period for consideration of an application by law can be 30 days instead of 20.

Extension of deadline if documents are missing

Please note that paragraph 21 of Article 12 speaks of 2 conditions for the start of 20 days:

if you have submitted an insurance claim,
and if you have attached the necessary set of documents to it.

So there you go! If some papers are missing from the list, then the deadline begins to count from the day following the day when you deliver the missing ones. But this does not mean that the insurer can sit and remain silent about the lack of documents in order not to pay you for longer until you ask about it. The penultimate paragraph of paragraph 1 of Article 12 of the Federal Law on Compulsory Motor Liability Insurance obliges the insurer to report a shortage of papers, and sets 2 deadlines for this:

3 working days, if documents from you were received by mail,
on the day of application, if you brought them personally to the insurance company’s office.

The same rule was enshrined by the Supreme Court in Resolution of the Plenum No. 58 of December 26, 2017 in paragraph 24.

In addition, please note that the insurer does not have the right to demand documents that are not in the official list from the Insurance Rules (last paragraph of paragraph 1 of Article 12 of the law).

But the essence still remains the same: 20 days for payment is not an unconditional period. It may be extended if you did not provide all the documents along with the application.

By the way, you can generally submit documents, knowing in advance that this is not a complete list. This often happens in road accidents with victims - here documents on harm to health can wait up to a year or more in exceptional cases. Therefore, you can bring part of them to the insurer, and provide the rest later.

But these are not all cases where the law allows for an extension of 20 days for payment.

If the victim does not provide a car after an accident

There are deadlines for inspection and/or examination of the insurance company after an incident:

within 5 working days you are obliged to provide the car for inspection to the insurer - from the date of submission of the application (clause 10 of article 12),
the same period is established for the insurer (clause 11)
within 10 days, the insurance company has the right to inspect the culprit’s car (paragraph 2 of clause 10).

At the same time, if you, being the victim, did not provide the car for inspection to the insurance company within the prescribed period, then the period for payment of damage is extended for the period when you provide (but not more than 20 days) - paragraph 2 of paragraph 11 of Article 12 of the law.

Procedure for receiving compensation

Today, payments under compulsory motor liability insurance are made in two ways:

Compensation in kind, that is, by issuing a referral to a service center for car repairs. Produced since April 28, 2017.
Payment of funds – applies in the event of the death of the car owner or serious bodily injury.

There is a legally established procedure for receiving a referral for repairs or payments. According to the rules, car owners must report an accident to their insurer immediately, preferably on the day of the accident. An application for damages can be submitted within 5 days. However, as practice shows, insurance companies recommend their clients to submit a package of documents regarding an accident as quickly as possible, within 24 hours after the accident. Then the decision will be made promptly, and all the details of the incident can be considered without delay.

When submitting your application, it is important to adhere to the following deadlines:

immediately after the collision, notify the company by phone about the occurrence of an insured event;
no more than 5 days are given to the victim to submit a request for compensation;
another 5 working days - the period during which the car must be submitted to an expert for inspection (the period can be revised due to the distance, if it needs to be overcome);
For 15 days after the victim submits a statement, the person responsible for the collision is deprived of the right to repair his car.

Since July 2021, participants in road accidents are required to provide damaged cars within 5 days for inspection and assessment of the damage caused. This is a prerequisite for receiving insurance payments. Insurance companies select experts. The date and place for the procedure are set after submitting the application. The insurer now has the right not to accept the results of an independent examination conducted without its consent.

Having made a decision to completely or partially refuse payment, employees of the insurance company send a written notification to the client. In a situation of refusal, before making a claim to the company, every car owner must ask himself whether he did the right thing, whether he provided all the documents, and whether he complied with the established deadlines.

We list the main stages of consideration of an application for compensation. Within 5 days the company must manage:

accept a statement from the victim of an accident;
after an inspection, recognize a specific case of an accident as insurable;
study all the documents submitted by the client;
provide an expert to inspect the car or its remains and assess damage;
calculate the final insurance amount.

Within 20 days:

conduct an additional independent examination if the culprit or victim does not agree with the previous assessment results;
make a positive or negative decision on payment;
pay compensation in cash (injury to health) or issue a referral for car repair to a service station.

The injured party can speed up the accrual of insurance payments if it brings all the documents to the Investigative Committee of the culprit of the collision, including a court order, if the police have opened an administrative case against the culprit driver and the trial has taken place. It will also be necessary to prepare a petition addressed to the director of the insurance company to speed up the process of making payments with a request to quickly carry out calculations and calculate the amount of compensation.

Is it possible to find out the payment amount before transferring money?

Yes, you can. This is indicated by paragraph 4.23 of the Insurance Rules approved by the Bank of Russia, indicating that such information is obtained using the so-called insured event report.

But there are also deadlines here: 3 calendar days, excluding non-working holidays, from the day you submit a written request requesting such an act. And only if the corresponding act is already ready.

We discussed this issue in as much detail as possible in the article on requesting a calculation of the payment amount.

I suspect that they will pay little - is it worth doing an examination before reimbursement?

Definitely not worth it. Simply because changes occurred not so long ago, and in claims disputes between victims and insurers, another “intermediary” was introduced in the form of a financial ombudsman.

This means that the issue of insufficient funds for payment should now be resolved at the stage when a relevant problem appears. And this examination is carried out by the specified financial ombudsman.

Simply put, an independent examination done by you yourself may not be accepted at the stage of considering a dispute about the insufficient amount of compensation for damage from an accident.