Insurance payments under compulsory motor liability insurance in case of a fatal accident

Legislative regulation

On April 1, 2015, amendments were made to Federal Law No. 40, which concerned the maximum amount of compensation for damage caused to human health and life. Until this time, the amount of compensation was 160 thousand rubles.

25,000 rub. – a lump sum payment given for the funeral of a person killed in an accident. If more than one person died, then 25 thousand rubles were paid for each of them. The rest of the amount was distributed equally among other victims.

According to the current version of the law, the minimum amount for each victim is 500 thousand rubles.

The Government of the Russian Federation and the Ministry of Finance have compiled tables indicating the amounts of compensation paid to disabled people of three groups, children and other persons when they receive various injuries in an accident.

Attention! Victims will receive an insurance payment of 100% in the following situations:

• after the accident, the victim became disabled group I,
• the child injured in the accident was classified as a disabled child.

Citizens who, after an accident, became disabled group II, will receive compensation in the amount of 70% of the insurance amount, which is 350 thousand rubles. Victims who have been assigned group III will pay 50% of the insured amount. Individuals who have suffered various types of injuries will receive statutory compensation.

The document lists a list of injuries and percentages of the maximum amount of compensation under compulsory motor liability insurance:

• 7% (35 thousand rubles) will be received by victims with a head injury, when the brain is not affected, but there is a violation of the integrity of the skull bones,
• 3% for concussion, if the course of treatment was 7 days, 5% - 28 days, 15% - 28 days or longer,
• from 5 to 15% will be compensation for an injured eye (if vision is not lost),
• from 3 to 10% – hearing injuries,
• if the respiratory organs are injured, the amount of payments will range from 2% (if ribs are broken) to 60% (lung removed),
• problems of the cardiovascular system – from 5 to 30%.

Persons who were in the vehicle at the time of the accident and those who participated in road traffic are protected by current legislation.

The relatives of a pedestrian who intentionally threw himself in front of a car and died also have the right to sue the driver who was driving the car (as a civil action).

According to Art. 1079 of the Civil Code of the Russian Federation, a citizen who controls a source of increased danger, which is a car, is obliged to take all possible measures so as not to cause harm to others.

Challenging guilt in an accident.

Insurance compensation under compulsory motor liability insurance in case of a fatal accident

Death is the worst outcome of a road accident. According to the Federal Law, an insurance amount of about 500,000 rubles must be paid, but no information is provided on possible guarantors or situations in which this amount can be paid. Regulations usually include an amount of 25,000 rubles for a funeral.

Until the immediate moment of amendment to the law, at the beginning of April 2015, any maximum amount of compensation for health and damage caused is equal to 160,000 rubles, of which 25 thousand is a one-time payment that is paid to the family of the deceased for burial. Several people may die in an accident, then the family of each of them receives 25 thousand for burial, the rest of the money will be divided among the victims.

Limits were set by law. The payment to each participant in the emergency is about 500 thousand rubles. This is the maximum amount of compensation and will only be paid if there is a fatality.

The amount of payments for disability of three groups, for children and for a number of different injuries can be established. All this data is entered into a special table, which was developed by the Government and the Ministry of Finance of the Russian Federation.

The law protects citizens who were in a car at the time of the accident or who were involved in an accident on the road. Even if a pedestrian throws himself under the wheels and dies as a result, relatives have every right to sue the driver, that is, bring a civil suit.

According to Art. 1079 of the Civil Code of the Russian Federation: the driver is driving a source of increased danger, and he is obliged to take measures and ensure the safety of others.

Conditions for receiving insurance compensation

According to the Russian Federation Traffic Regulations and a special Government Decree, three main groups of participants in emergency traffic can be distinguished: passengers, drivers, and pedestrians. Payments under compulsory motor liability insurance will be made only in the event of a person’s death and this does not depend on the degree of guilt in the incident. However, as stated above, every person has the right to use a civil lawsuit to pursue recovery proceedings against the at-fault party.

Typically, the degree of guilt of a passenger in emergency situations is not considered as part of an accident investigation, although he has the opportunity to directly influence the driver. Distracting maneuvers may be carried out, the steering wheel may be torn out, the passenger may be in an inadequate state, etc. If an emergency occurs, then the violent passenger receives various injuries and dies. He is the culprit and in such situations monetary payments for loss of life and health are not made. Now the driver is a victim.

When an insured event occurs, it is always necessary to call the traffic police to the scene of an accident. In particular, this applies to the European protocol for injuries and deaths. Traffic police officers must draw up a report or issue a special resolution and a certificate stating that an accident occurred on the road. For their part, official representatives with all collected documents must contact the insurance company to request a reimbursement procedure.

The following will be a list of papers that should be collected and submitted to the insurance organization:

• a photocopy of the deceased person's passport;
• certificate of death as a result of a road accident;
• certificate of emergency with the obligatory indication of the citizen who died;
• a certificate stating that the deceased and the applicant are related;
• a package of documents that indicates a deterioration in the lives of the heirs;
• other papers.

Attention! The payment under compulsory motor liability insurance in the process of compensation for injury to health is about 500 thousand rubles, but in situations with a fatal outcome it should be divided in the proportion of 25:75.

The first part is allocated for burial, and the second must be paid to the legal representative as mandatory compensation.

What are the payments under compulsory motor liability insurance in case of mutual fault?

Read here what to do if the insurance company delays payment under compulsory motor liability insurance.

What are the payments under compulsory motor liability insurance for damage to a car in an accident, read the link:

Conditions for receiving insurance compensation

According to the Road Traffic Rules (adopted by RF PP No. 1090 dated October 23, 1993, as amended on September 10, 2021), there are three types of road traffic participants. These include: drivers, pedestrians and vehicle passengers.

What will be the amount of compensation under compulsory motor liability insurance in the event of death, first of all, depends on how guilty the person is of what happened. Every road user can exercise the right of civil action to recover from the culprit of an accident. Let's look at the table.

Important! Usually, when investigating a traffic accident, the degree of guilt of the passenger in the vehicle who caused the accident is not considered.

Although from practice we know of cases where passengers prevented the driver from keeping an eye on the road, tried to take the steering wheel away, or provoked a fight.

If the accident was caused by the passenger’s improper behavior, which ultimately led to his injuries or death, compensation for damage to health or life is not paid. In this case, the driver is recognized as the victim.

If we are talking about an insured event, traffic police officers are called to the scene of the accident. Based on the results of the inspection, a protocol or resolution is drawn up, and a certificate of accident is issued. If there are injured or dead citizens, the Euro Protocol does not apply.

Where to file a car theft report?

Who to sue in case of an accident, the culprit or the owner, read here.

I hit a dog with a car, what the danger is, read the link: https://novocom.org/avtotransport/chto-delat-esli-sbil-sobaku-na-mashine.html

Who is entitled to receive compensation in the event of the death of a victim?

When a person dies in an accident, compensation in accordance with the law is paid. In paragraph 6 of Art. 12 of the Law “On Compulsory Motor Liability Insurance” provides a list of persons who have the right to receive compensation in connection with the loss of a loved one who has become a victim of a traffic accident.

These persons include: husband/wife, father or mother, children, as well as persons who depended on the deceased (if he could not earn money on his own), that is, beneficiaries.

A similar right can be exercised by persons for whom the deceased was the only breadwinner..

The categories of citizens who have such a right are defined in Art. 1088 Civil Code of the Russian Federation:

• disabled citizens who were dependent on the deceased, as well as those who had the right to maintenance,
• child or children born after the death of the father,
• a relative of the deceased who cares for dependent persons (elderly or sick people),
• dependents who have lost their ability to work within 5 years from the date of his death,
• relatives caring for disabled persons.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

In the practice of paying compensation under compulsory motor liability insurance (for 2021), a case is considered when a person injured in an accident fell into a coma. At the same time, he cannot personally claim compensation for damage to health and cannot determine his legal representative.

This situation is practically insoluble. When a person dies, relatives receive an appropriate payment based on documents indicating family ties with the deceased.

What should a driver do if his car is considered totaled?

It's simple - the driver receives the money minus the remaining balance.

If, as a result of an accident, the car is declared completely lost, but there are parts left in it that can be sold to the owner of a vehicle of the same model, the policyholder receives compensation under compulsory motor liability insurance.

The compensation calculation is as follows:

1. The insurance company determines the value of the car at the time of the accident.
2. The insurance company identifies the usable remains of the vehicle.
3. The usable balances are subtracted from the cost of the car to obtain the amount that the policyholder can claim.

For example, a car at the time of an accident costs 1 million rubles, and the usable balance is 200,000. In this case, the policyholder claims 800,000 rubles.

Basis “Law on Compulsory Motor Liability Insurance”, Article 12, Clause 18 - in the event of complete loss of property, the payment is equal to the difference between the market value of the car and the usable remains.

Read more: Law on OSAGO Art. 12

Procedure for receiving payment

Please note! Requirements for the actions of a person who intends to receive compensation:

• The first thing you need to do is notify the insurance company about the occurrence of an insurance situation. To do this, a statement of rights to insurance payment due to the death of the victim is written. It is transferred to the insurer of the person at fault for the accident. 15 working days are allotted for acceptance of the document,
• obtain from the driver at fault in the traffic accident information about insurance (insurance policy number, name of the insurer, address, contact telephone number),
• collect all the papers and hand them over to the insurer. The fact of transfer of documentation is registered with the company. The insurer's representative is obliged to give the person who submitted the application a list of accepted documents, certified by a seal,
• receive insurance compensation. Funds are transferred to the applicant's bank account or issued in cash at the cash desk.

Payment can be received within five working days after all applicants for compensation have submitted their applications. The compensation amount is distributed among applicants in equal shares.

In case of late payment, a penalty is charged (1% of the amount of insurance compensation).

Accident while driving in reverse.

The procedure for receiving payment under compulsory motor liability insurance in case of a fatal accident

You have the opportunity to receive compensation, which is due by law, however, you must adhere to a strategically important procedure:

• First, you should notify the insurance company about what happened. Submit a claim regarding the occurrence of an insured event. In this case, the insurance company must review the application and accept it within fifteen days;
• the person who is at fault for the accident must provide the most complete information about the insurance received with the exact name: company, addresses and telephone numbers, and necessarily the insurance policy;
• the next stage is the preparation of all the necessary papers and subsequently they are submitted to the insurance organization. Papers are accepted through the registration of an insurance company. When submitting papers, you should definitely ask a company employee to issue documents certified by a seal and signatures;
• completion – the procedure for receiving the required insurance compensation. The insurance organization must pay the amount of compensation in cash at the cash desk, or pay it in full to the applicant’s bank account.

Payments of this kind are usually made by the insurer and this occurs within five working days, immediately after the deadline for accepting applications that have already been submitted by persons who are fully entitled to receive compensation. By law, insurance compensation must be distributed in equal parts and this occurs between each of the applicants, who has every right to do so.

If the payment terms are violated by the insurance company, then it will have to pay a penalty in the amount of 1% of the established insurance compensation.

Required documents

The total amount of assistance in case of death of a person in an accident consists of the amount of compensation and expenses associated with the funeral. To calculate this amount, you will need some documents.

They must be brought or sent to the insurer. Funeral costs are confirmed by documents (service agreement, receipts, checks, invoices, etc.).

victim's statements for insurance payment under compulsory motor liability insurance free in word format

To apply for compensation you will need:

• application (indicating information about family members),
• accident notification,
• certificate of accident issued by the traffic police,
• death document (copy),
• papers on the relationship of minor dependents with the deceased (birth certificate, adoption papers),
• documents confirming the dependent’s disability (if such a fact is known),
• a certificate from an educational institution confirming the fact that a dependent of the deceased is studying full-time,
• a document on the need to provide care for relatives of the deceased who are disabled,
• a certificate from the hospital stating that the dependent of the deceased must care for a sick or disabled person,
• marriage certificate, birth certificate - papers indicating relationship with the deceased.

In addition to the listed papers, bank details of the persons to whom compensation will be paid are provided. If a minor or a person with limited legal capacity is applying for payments, the consent of the guardianship and trusteeship authorities will be required.

If incomplete documentation is provided or additional information is required, insurers will notify the applicant.

ATTENTION! Look at the completed sample application of the victim for insurance payment under MTPL:

Watch the video. How to behave after an accident with victims:

Documents for receiving payment under compulsory motor liability insurance in case of a fatal accident

The procedure for obtaining finance begins with the guilty party contacting the insurance company immediately after the person’s burial.

All necessary documentation should be submitted to the insurance company, which will indicate a general list of funeral expenses, in the form of: checks, contracts, etc. If the breadwinner of the family has died, then you need to contact the company with the following collected documents:

• a written statement containing information about family members of the deceased person. It is imperative to indicate the relatives who were dependent on the deceased person;
• provide a copy of the death certificate;
• attach a birth certificate and a package of documents on the adoption of children who have not yet reached adulthood at the time of the death of the deceased;
• if at the time of a person’s death there were disabled people dependent on him, it is necessary to submit a certificate, which will act as a kind of confirmation of the establishment of the fact of disability;
• a certificate stating that the relative who supported the deceased is studying at an educational organization. Such certificates must be issued by the same institution;
• a certificate according to which information is provided about the need to care for relatives who were under the care of the deceased person;
• a certificate from a social security agency or a medical organization, which confirms that one of the family members cannot work because he is caring for a relative. Such a person is usually a dependent at the time of the emergency;
• papers that confirm the relationship with the deceased person. For the husband (wife), this is a marriage certificate, and for the parents and children of the victim, a birth certificate must be attached;
• certificate of income for the last year from the direct place of work of the deceased.

In addition to all of the above, you should definitely submit documents, which will then be considered by all types of insurance payments. These papers contain bank details, thanks to which it is possible to receive an insurance payment in the future, but only if the compensation is paid by bank transfer.

It is imperative to contact the guardianship and guardianship authorities if insurance payments are to be received by persons who have not yet turned 18 years of age.

It is important to submit for consideration a certificate of an accident, which can be obtained from any police department.

Attention! If there are no papers that would confirm the insured event, in such situations the insurance organization must report this and subsequently provide the most expanded list of all documentation. Also, the insurance company does not have the right to demand documents that were not previously provided for by the rules of compulsory insurance.

Does the person at fault for an accident with fatalities receive insurance?

Each participant in an accident in which a person died is interested in the question of receiving insurance payments. Those responsible for the incident also want to know about it.

It should be noted that payments under compulsory motor liability insurance to those responsible for the accident are not provided for at the legislative level, since, first of all, insurers protect the rights and interests of persons who are victims of road accidents.

Thus, the person whose actions led to such serious consequences independently solves his financial problems related to the consequences of the accident.

Although in this case some questions arise. When several cars are involved in an accident, the drivers of which also violated traffic rules, the culprit simultaneously becomes the victim.

In the situation considered, compensation for damage is due to both the victims and the guilty-victim in accordance with the current standards.

Usually such situations are dealt with in court. The fact is that these types of accidents involve multiple drivers and multiple insurance companies. But if one culprit is determined, he is not entitled to insurance payments.

In addition, if the person responsible for the accident dies, his relatives are not paid compensation for the funeral.

When an accident occurred due to the fault of a pedestrian who violated traffic rules, and as a result he himself died, his relatives are paid compensation under compulsory motor liability insurance.

According to statistics, drivers are usually found guilty of road accidents. At the same time, attention is rarely paid to real circumstances.

Thus, we can conclude that compensation under compulsory motor liability insurance is paid only to victims of an accident. The perpetrators receive it in a separate case and only after the case is considered in court.

Relatives and family members of the breadwinner who died as a result of the accident are guaranteed to receive payments in the form of financial assistance and reimbursement of expenses associated with the funeral.

According to the current legislation, the amount of compensation to the relatives of the deceased is 500 thousand rubles.

Attention! Sometimes the amount of compensation does not cover the amount of damage from the accident. In this case, the remaining amount (by court decision) is paid by the person responsible for the traffic accident. The issue can be resolved without going to court if the parties were able to reach an agreement on their own.

Payments to the culprit of an accident

It is impossible to say unequivocally whether payments are made in case of an accident to the culprit. It all depends on the specific situation.

The culprit can receive compensation if, for example, he is also involved in the case as a victim. If the policyholder decides to fight for his rights, the case of receiving payments by the culprit will be decided in court.

The judge, at his own discretion, interprets the law on compulsory motor liability insurance. He can divide everything into two administrative offenses, for one of which the culprit will receive compensation.

If intent or guilt in the actions is proven, then you will not have to count on compensation. The court may consider the accident in its entirety and not single out individual offenses. The person at fault for the accident has no right to compensation.

Compensation in favor of the victim for the amount already paid is also quite controversial. Voluntary payments in favor of the victim are his personal initiative and have nothing to do with compensation under compulsory motor liability insurance.

Therefore, insurers have been quite motivated and have repeatedly refused to cover the costs associated with compensation for damage to insured third parties.

Obviously, most often, the culprit does not receive any payments for the accident. The victim is compensated for damage, but only within the established total limit under compulsory motor liability insurance.

If the estimated damage is greater, the difference will be recovered in court from the person at fault for the accident. Payments under compulsory motor liability insurance in case of a transport accident do not guarantee financial support in all cases.

This is why it is important to conclude a DSAGO. This contract covers a significantly larger number of risks and protects against many insurance incidents.

The insured amount is not limited. Payments under compulsory motor liability insurance can be issued not only through the insurer of the culprit, but also through the victim’s own insurance company. Only this rule applies exclusively to compensation regarding real estate.

Find out what recovery can be for the loss of the marketable value of a car under compulsory motor liability insurance (MTPL). What are the essential conditions of the MTPL agreement, see here.

You can find out how to check your MTPL policy by following this link.

Compensation for damage caused to the injured party by court decision

When a person dies in an accident, for his relatives this is not only a material loss, but also great moral suffering.

In a situation where insurers do not pay due compensation, relatives of the deceased file a claim in court. The demands they put forward are compensation for material damage under compulsory motor liability insurance.

Since compensation for moral damage is not the responsibility of insurers, this responsibility rests with the person at fault for the accident.

In most cases, compensation for moral damages is sought through the courts. In order to correctly fill out the papers and for greater confidence in their actions, citizens turn to a lawyer for help.

When a citizen who died as a result of an accident is also to blame for the incident, his relatives will still receive compensation for moral damages, but its amount will be reduced.

The same situation occurs when a person is intoxicated. Moral damages are paid by the owner of the vehicle that caused the accident. It does not matter whether he is an individual or a legal entity.

Do I need to undergo a technical inspection in case of an accident if I have insurance?

The following documentation is submitted to the court:

• document on the death of a loved one,
• certificates of relationship: marriage document, birth certificate, etc.
• certificate of an accident issued by the traffic police,
• a decision to bring the perpetrator to criminal liability,
• application to the court.

The court decides what the amount of moral damage will be. In doing so, the judge takes into account all the circumstances and nuances of the case. When deciding on the amount of moral compensation, the court pays attention to the difficult family and financial situation of the culprit, the form of his guilt (whether the accident was committed intentionally or through negligence). Compensation for moral damage may be lower or higher than the amount of material compensation.

How to file a claim

claim for compensation for moral damage in connection with death free of charge in word format

Important! The statement of claim must contain the following information:

• name of the court,
• plaintiff's name. Full name, residential address (for an individual), address details of a legal entity. In addition, there must be information about the authorized person who acts on behalf of the plaintiff (full name, address),
• full name of the defendant,
• what rights of the plaintiff are violated or may be violated, the applicant’s demands,
• cost of claim. This indicator includes the amount of collected and disputed amounts,
• a list of circumstances due to which the claims were made,
• documentary evidence of the facts stated in the application,
• list of documentation attached to the claim,
• date of writing the application.

The statement of claim is confirmed by the personal signature of the applicant. When an authorized person with the right to endorse a claim and submit it to court acts on his behalf, his signature is placed under the document.

ATTENTION! View a completed sample claim for compensation for moral damages in connection with death:

Which court to file a claim in?

Before filing a claim in court, you must pay a state fee.

Calculations are made independently. The procedure for calculating the fee in a court of general jurisdiction is determined by Art. 333.19 Tax Code of the Russian Federation.

If the claim is of a property nature, it has its own value. The amount of the state duty will be:

• the cost of the claim is up to 20,000 rubles. – the state duty will be 4% of the claim price, but not less than 400 rubles,
• claim for an amount from 20,001 to 100 thousand rubles. – 800 rub. and another 3% of the amount more than 20,000 rubles,
• claim worth from 100,001 rubles. up to 200 thousand rubles. – 3200 rub. and 2% of the amount exceeding 100 thousand rubles,
• for a claim worth from 200,001 rubles. up to 1 million rubles – 5200 rub. and 1% of the amount exceeding 200 thousand rubles,
• claims worth 1 million rubles. – 13,200 rub. plus 0.5% of the amount over 1 million rubles. In this case, the state duty cannot exceed 60 thousand rubles.

Having calculated the amount of the state duty, you need to choose the court where to file the claim. Civil proceedings are heard by magistrates' or district courts.

The claim is filed at the place of residence of the defendant. If the defendant is an organization and not an individual, you should go to court at the location of the defendant. So, you need to contact the district court at the address of the organization’s location, but not its owner.

Please note! The application is submitted to the court in the area where the defendant lives. If he lives in another locality, then the claim will have to be filed there. This is a rather important feature of the procedure for applying to the court.

After writing the application and collecting the documents, check everything again. Pay special attention to the little things. If you have no doubts about the correctness of the drafting, take the claim and the package of documents to the office of the selected court. When accepting such papers, their registration is required.

The absence of errors in the claim and selection of documentation is the basis for the court to accept the case for proceedings. As soon as the case is accepted for proceedings, the plaintiff is informed of the date of the preliminary hearing.