What insurance to contact after an accident by law

Today, in fact, every car owner who fell into an accident is insured in the policy of Osago. And, it would seem, at this point should feel protected, but in practice many mistakes are made or certain circumstances emerge, after which the damage from the accident is compensated independently. About this further in the article.

General Asian Insurance Rules

The OSAGO Agreement is usually issued for one year. The insurance policy is valid not only in relation to the legal owner of the car, but in relation to all persons who are admitted to management. To date, it is possible to conclude an agreement in electronic form. Also, contracts are concluded on paper carriers. It is worth saying that the document is necessarily indicated by the insurer and insurer.

You can choose any insurance company, no insurer at the same time you may refuse you. The insurance organization has the right to inspect the car. The inspection site is determined by mutual agreement of both parties. If it is not reached or the contract is electronically, the inspection is no longer produced.

If any changes are made to the contract with insurance, the insurer will appreciate the risks in a new way. And he has the legal right to demand the payment of an additional insurance premium in the conditions of risk increases. The contract shall be terminated early, if the owner of the vehicle is dying, the insured or the insurer as legal entities is loss, the car is lost.

The policyholder has the right to prematurely terminate the Agreement independently, if the car owner has changed or the insurer took the license. The insurer also has the right to break the agreement ahead of time, if he discovered that false data were presented in the contract, which ultimately significantly influenced the establishment of the degree of risk.

If, as a result of the accident, there is a victim, who has to make a claim in which insurance should be informed if both participants of the accident have a policy of OSAGO

The car owner can refer to his insurer if such conditions take place:

  1. Only two cars took part in the accident.
  2. Both participants in the incident have existing insurance policies.
  3. The damage is applied only to the property affected by people.

Please note that all conditions must be respected at the same time. If at least one condition is not compared (one of the participants has insurance, three cars suffered damage either in the accident), the documents for damage to damage must be submitted to the insurance perpetrator of the accident.

If one participant of an accident has a policy of OSAGO and the second no, who is responsible

If the policy of OSAGO is overdocked, or the driver who is driving during the accident is not written into it, then all these situations are equally interpreted by law, namely, the responsibility of this driver is not insured, and therefore, when the damage is causing a different participant, It will be for this financial responsibility, and not insurance.

So, what does the motorist expect if he got into an accident without the policy? It all depends on the circumstances, and they, in turn, may be as follows:

  • A driver who has no insurance policy is found guilty of the accident at which the property was damage or harm to the health of another participant in the accident.
  • The motorist without polis is recognized as victims in the accident, which caused harm to his property and health.

If the auto owner without the policy turned out to be a culprit of an accident, he will have to independently reimburse the damage to the victim. He can voluntarily make it either will be forced to fulfill the court decision, where the victim will turn out.

If you do not have the policy and turned out to be victims in the accident, the procedure for obtaining reimbursement is no different from the usual case, which is used if there are polls from both participants of the accident. In other words, you get paid from the insurer of the culprit of the accident or through the court - in the absence of the policy at the culprit.

If the payment does not cover the damage, who must compensate for the shortage

If the insurance compensation for some reason does not cover the damage caused by the victim in the accident, the rest of the money should pay the culprit of an accident. If the culprit is refused to pay the missing funds, the victim has the right to apply to the court. In this case, the probability that the court decides the case in your favor, is quite large, but the real execution of this decision may be complicated as a result of the absence of property and money from the culprit. In addition, your debtor has the right to write a statement on granting a delay (or installments) execution of the court decision and will declare at a meeting of his difficult property situation. The law is not determined by no time or the number of deferments, therefore, the executive production can sometimes reach the years, and what is on completely legal grounds.

Who conducts damage assessment

Evaluation of the damage at an accident is usually carried out by an insurance company. However, in some cases, this assessment is not entirely correct, since the insurer is interested in its own gain. To challenge the results of the insurer, you can always make an independent examination. Evaluation of damage after an accident conducted by independent experts enjoys a rather large confidence, and sometimes differs from the previous one. As a result, the insurance company should take the results of an independent examination, as well as compensate for damage according to their assessment.

What is a direct damage compensation, what are the terms of payments

In 2014, an innovation was made regarding the mandatory auto insurance - direct compensation for losses (PDA). The meaning of this innovation was as follows: when the car owner falls into an accident, he must contact his insurance company for the reimbursement of damage by car truck, where he himself bought an insurance policy, and not to the insurer of the culprit of the accident, as it was before.

It is this insurance company that makes an insurance compensation to the victim, after which the reimbursement from the insurer of the accident receives compensation from the insurer. The purpose of this project is to simplify the procedure of insurance payments. However, there are a number of conditions for direct reimbursement of the CTP damage, which are mandatory:

  • If only two cars participated in the accident.
  • In the conditions of damage to only these cars. If people were injured in the accident either, for example, structures, you need to contact the insurance culprit of the accident.
  • The wines in the accident must be accurately distributed, and both sides must agree with the conclusion of traffic police inspectors. That is, in any case should be the guilty side and the victim.

  • Both drivers have a valid passenger policy.
  • The insurer must have a license to carry out insurance activities and should be included in the General Agreement on the PVE on the OSAGO.

What a limit of payments in 2017

Insurance cases Recipients Maximum size
Reimbursement of damage without a call to the traffic police (Europrotokol) Essentially one victim (with more affected preparations of europropol, it is impossible) 50 thousand rubles
Reimbursement of the funeral expenses of those who died in the accident Close or distant relative of the deceased 475 thousand rubles or 50 thousand rubles
Reimbursement of the restoration of the victim in the car accident The victim in the accident, having received damage to the vehicle 50 thousand rubles
Reimbursement of damage to the property of the victim as a result of an accident All victims, regardless of their quantity 400 thousand rubles

Limit limits Insurance company establishes independently, however, their size cannot be lower than the amounts prescribed in the legislation.

What documents should be submitted to the insurance company

If the victim refers to the insurance payment, he needs to collect the following documentation package:

  1. Statement about payment.
  2. Notarized copy of the passport of the Russian Federation.
  3. Bank details, if you wish to get reimbursement by non-cash payments.
  4. Certificate of an accident issued by traffic police officers.
  5. Copy of an administrative offense protocol.
  6. Notification of accidents.

Ways to deliver documents to the insurance company

You can submit documentation to the insurance or personally by visiting the insurer's office or through a registered letter with notice.

For one time you need to draw up documents and deliver them to the insurance company

The victim of the car owner is recommended for the shortest possible time to provide an insurance company all the documentation. The maximum period is five working days after the incident.

For which time, the documents of the insurance company should be considered.

Documents of the victim should be considered over twenty calendar days (non-working and holidays are not taken into account).

In which cases, after an accident, it is better to apply to the insurance company of the accident of an accident, and in what cases to their insurance company

It is better to apply to your insurance only when your damage from the accident is small. After your application, the insurer will have to pay compensation to you, and then get compensation from the insurance company of the culprit of an accident. However, today insurance companies are calculated by fixed amounts for any insured case. Therefore, when your damage is less than this fixed amount, your insurer compensates for him with pleasure, and with the insurance company the culprit of the accident will receive a large amount. But if your damage exceeds a fixed amount, your insurer has no stimulus to pay: he can only partially compensate for his loss.

If the culprit of an accident at the insurance company selected a license who will pay for expenses

If the insured company of the culprit went bankrupt, you will need to contact RSa - this organization must pay you compensation for damage in the accident. In addition, there are a number of insurance companies that produce documentation for payments instead of insurance that has lost license.

If the insurance refuses to pay compensation, what to do

Most often, the refusal to pay compensation happens due to the fault of the Insurer himself, namely: the provision of an incomplete package of documentation; Providing documents or notification of the insurer on the occurrence of an insured event with a passage of the deadlines established in the contract; fraudulent actions or distortion of information provided by the insurer; violation of other provisions of the contract. However, if you had to face an unlawful refusal to compensation, the only way to receive money is to appeal to court.

What time frame can be submitted a claim to the court to the insurance company

You can apply to the court for an insurance organization for three years since the accident.

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