This article describes the issues of direct compensation for losses under OSAGO that are relevant in 2018. Situations are considered in which there were refusals of insurance companies and courts to compensate for losses caused as a result of an accident, when the victim applied to his insurance company according to OSAGO.
It also describes how to protect your rights and recover from the insurance company not only losses, but also a penalty, a fine, as well as compensation for non-pecuniary damage.
The content of the article:Today, all motorists know that when causing losses as a result of a traffic accident, the victim, according to general rule, applies with an appropriate application for insurance payment to the insurance company that insured the civil liability of the person who caused the harm (OSAGO).
But many drivers are also sure that they can always apply for compensation to their OSAGO insurance company. In fact, the legislator has significantly limited the list of cases when this is possible.
Consider the legal grounds for contacting your insurance company. You need to know them in order to competently defend your rights, including in situations where insurance companies themselves act in bad faith.
Firstly, the right of the victim to make a claim for damages within the limits of the sum insured directly to his OSAGO insurer is enshrined in general provisions x p. 4 art. 931 of the Civil Code of the Russian Federation.
Secondly, this right is duplicated in the general provisions of the special law on OSAGO, in paragraph 1 of Art. 12 of the federal law of April 25, 2002 No. 40-FZ "On compulsory insurance civil liability of vehicle owners” (hereinafter referred to as the OSAGO Law): in the cases specified by law, the victim has the right to apply for an insurance payment in connection with damage to property to the insurer that insured the victim’s civil liability. And here, immediately note that we are talking only about causing damage to property, which excludes the requirement for compensation for harm to life and health. At the same time, the claim of the victim to his insurance company under OSAGO is called a statement of direct compensation for losses.
And thirdly, paragraph 1 of Art. 141 of the OSAGO Law establishes two mandatory conditions, without which the victim does not have the right to claim direct compensation for losses:
1) damage was caused only to the vehicle;
2) damage to the victim's vehicle was caused as a result of interaction (collision) of two or more vehicles.
In other words, we are talking about those cases when, as a result of an accident, losses were caused only in the form of damage to the car or other vehicle, and the cause of damage is the fact of a collision with another vehicle (or several vehicles).
At the same time, please note that in relation to traffic situations that occurred before September 25, 2017, a collision of only two vehicles was a prerequisite (Federal Law of March 28, 2017 No. civil liability of vehicle owners).
Thus, in the absence of at least one of the stipulated conditions, an application for insurance payment must be submitted to the insurance company that insured the civil liability of the tortfeasor.
And so, according to paragraph 1 of Art. 141 of the Law on OSAGO with an application for direct compensation for losses, the victim can apply to his insurance company for OSAGO, including subject to such a condition as causing losses as a result of the interaction (collision) of vehicles.
However, neither the Civil Code of the Russian Federation nor the OSAGO Law discloses what is meant by the interaction (collision) of vehicles. For this reason, the courts, when considering disputes on the recovery of the sum insured, interpret certain road accidents in different ways.
It is debatable whether it is necessary to establish direct contact between vehicles in order to recognize the fact of interaction (collision) of vehicles. For example, whether the case of a driver avoiding a collision with a car that has entered the oncoming lane, as a result of which the victim crashes into a tree and overturns, is suitable for interaction.
Thus, the courts of the Astrakhan region under the interaction of sources of increased danger (vehicles) understand not only a collision, but also other types of interaction. What does it mean that the fact of direct contact (collision) of cars in an accident is optional.
However, the Supreme Court of the Russian Federation did not agree with these conclusions, stating that in case of causing harm in the absence of contact interaction between the vehicles of the participants in the road traffic accident, one of the conditions for direct compensation for losses is not observed - there is no interaction (collision) of two or more vehicles.
These conclusions are based on the ruling of the Judicial Collegium for Civil Cases of the Supreme Court Russian Federation No. 25-KG17-1 dated April 11, 2017.
Thus, one of the mandatory conditions for applying for direct compensation for losses is the fact of contact interaction between the vehicles of the participants in the road traffic accident. Otherwise, you need to contact the insurance company responsible for the accident.
Quite common are cases of refusal to pay insurance compensation, including in case of direct compensation for losses, with the wording “the presence of the fault of the victim in the commission of a traffic accident” in situations where the fault of another participant in the accident has already been established.
From the point of view of the law, such a refusal is illegal in advance!
According to paragraph 1 of paragraph 22 of Art. 22 of the OSAGO Law, if the mutual fault of the participants in a traffic accident is established, insurance companies are obliged to pay insurance payments for compensation for damage caused as a result of such an accident, taking into account the degree of guilt of each of the insured persons established by the court.
In accordance with paragraph 4, paragraph 22 of Art. 22 of the OSAGO Law, if the degree of guilt of each participant in an accident is not established, insurance companies of persons insured under OSAGO are liable to compensate for harm in equal shares.
These provisions of the law are confirmed and judicial practice. So, in paragraph 46 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 No. 58 “On the application by courts of legislation on compulsory insurance of civil liability of vehicle owners”, it is indicated that the right to receive an insurance payment is retained and if it is impossible to determine the degree of guilt of each of the drivers - participants in a traffic accident.
Thus, even if there are grounds for finding several participants guilty in an accident, insurance companies are obliged to pay insurance compensation either in equal shares of the amount of damage suffered by each of the drivers, or in proportion to the degree of guilt of each participant in the accident.
If the victim does not agree with the amount of insurance compensation, he has the right to appeal it to the court and recover the missing part. In this case, it will be necessary to prove the degree of guilt of the persons found liable for the harm caused, and recover from the insurance company insurance payment taking into account the degree of guilt of persons whose civil liability is insured, established by the court. At the same time, it should be borne in mind that the law does not provide for an application to the court with an independent statement to establish the degree of guilt of each participant in an accident.
When considering claims for the recovery of insurance compensation from an insurance company, including in the order of direct compensation for losses, in judicial order, insurers insist on the absence of responsibility for the late payment of insurance compensation in case of mutual guilt of the participants in the road accident.
At the same time, the courts quite often support the position of insurance companies that claim that the fault of the participants in an accident is established only during the consideration of a civil case. Since it is impossible to establish the degree of guilt of each of the participants in the accident before a court decision is made. Therefore, there can be no talk of any forfeit, fine and moral damage.
However this conclusion not based on current legislation.
As described in detail above, even if the insurance company has doubts about the absence of the fault of the victim in the accident (or in other words, there is mutual guilt of the participants in the accident), if there is evidence of the guilt of another participant in the accident, insurers are obliged to make insurance payments.
The basis for the release of the insurance company from liability in cases of refusal to voluntarily pay insurance compensation (or in other words, in case of late payment) is formulated in paragraph 3, clause 46 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 No. 58: the insurance company is released from liability if the obligation to pay insurance compensation in equal shares of the amount of damage suffered by each of the drivers participating in the road traffic accident. Otherwise, the insurance company is obliged to pay, by court decision, a penalty, a fine and compensation for non-pecuniary damage in favor of the victim.
This conclusion is confirmed by the decision of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation No. 9-KG17-16 dated December 19, 2017.
conclusions
The statutory right to direct compensation for losses within the framework of OSAGO relations has a number of legislative conditions and many features related to the application of the law in practice in view of the variety of life situations.
Ignoring the right to qualified legal assistance can result in significant material losses for motorists.
Within the framework of the law, every motorist is obliged to purchase a form of voluntary protection of OSAGO. It is this policy that guarantees payment upon the occurrence insured event as a result of a traffic accident. Since recently, direct compensation for OSAGO losses has been available as part of the mandatory product. Let's consider in our article what it is and how to properly file an application with an insurance company to receive a compensation payment. We will pay special attention to the problems that may arise as a result of receiving a compensation payment.
Under the OSAGO agreement, the party injured in an accident has the right to apply to the office of the insurance company in order to receive a compensation payment. If before March 1, 2009, the victim was obliged to apply to the company of the guilty party, then after the specified period, changes were introduced, as a result of which compensation can be obtained from the company in which the OSAGO contract form was purchased.
Thus, direct compensation for losses, or as it is commonly called PVU for short, is the receipt of a compensation payment from the insurance company in which the OSAGO contract was purchased.
Important! Before contacting the office of the insurance company, it is necessary to study which contracts are covered by the SSP and for what reason the insurance company can legally refuse to pay.
It should be noted that direct indemnification does not apply to all policies, but only to those for which a number of mandatory conditions are met.
Conditions for direct damages:
| Number of vehicles | You can apply for direct compensation if only two vehicles are involved in the accident. |
| No casualties | If a driver, passengers or a pedestrian were injured as a result of an accident, it will not work to contact the office of the insurance company where the form of the OSAGO agreement was purchased. |
| Clearly proven guilt | The traffic police officer must be completely sure which side is the victim and which is the victim. |
| OSAGO validity period | Each participant in the movement must have a valid form of the OSAGO agreement. If the guilty or injured party does not have a contract form, then payment occurs voluntarily or in court. |
If all of the above conditions are met, then the party injured in the accident has every right to contact the office of the insurance company where the contract was purchased and apply for payment.
As for the amount of the compensation payment that the insurance company is obliged to transfer to the injured party, its amount is determined by an employee of the insurance company or an independent expert after examining the damaged vehicle.
Important! If the inspection is carried out by an independent expert, then the choice of the company is made by the insurer, not the policyholder. However, if, following the results of the assessment and payment, the injured party does not agree with the results of the inspection and the amount, then it has the right to re-examine at its own expense in any company and compensate for its own expenses and the underpaid amount of the payment in court.
When calculating the cost of refurbishment, the authorized employee takes into account the following factors:
Recently, motorists have received a wonderful opportunity, thanks to which they can independently determine the amount of payment on the official website of the Russian Union of Motor Insurers (RSA). This portal is completely free and provides information 24 hours a day.
On the PCA website, each victim in an accident can calculate the cost of:
Having received three indicators, you need to add them. Thus, each motorist should get the total amount that will be required to pay for the restoration of the vehicle.
When applying for a direct settlement, it should be borne in mind that the insurance company may refuse to accept the application for a number of reasons.
Reasons for refusal:
In this case, direct compensation for losses under the OSAGO policy is not provided and the client should prepare an application and contact the office of the insurer of the guilty party. How to fill out the application form correctly, we will consider further.
When applying for payment, the injured party will need to fill out an application form. It is worth noting that in most cases, the application template is provided by a specialist in the claims settlement department. For example, in Rosgosstrakh, when settling losses under OSAGO, an employee of the company prints out an application form and gives it to the client to fill out and sign.
Filling out an application, be prepared to indicate:
You will also need to indicate whether harm was caused to the life and health of road users and whether the car can move independently after the damage received. In conclusion, it is imperative to put a signature, transcript and date of circulation.
Important! If the vehicle is unable to move after the accident, the application must include an address where an authorized loss adjuster can inspect to fix the damage and determine the amount of the payment.
For your convenience, we provide a sample damages claim form for your reference, which must be completed by each injured party.
When contacting the office of the insurance company, it is necessary to prepare a mandatory package of documents, which is clearly stated in the insurance rules and fixed on legislative level.
Package of documents:
Important! It should be taken into account that the insurer accepts all documents according to a special act, which lists all necessary documentation which has been submitted. In this case, the act is drawn up in two copies, for each party.
Consider what each motorist needs to do after the onset of an accident in order to receive compensation under OSAGO.
Reimbursement procedure:
Important! Often, insurance companies, when paying in cash, underestimate the amount of damage. In this case, having received the money, you do not need to repair the vehicle, since you will need to re-examine at your own expense and go to court. As practice shows, not only the missing part of the damage is paid in court, but also a fee for causing moral compensation.
On the one hand, at the legislative level, they wanted to simplify the procedure for receiving payments in the event of an insured event. On the other hand, as a result of innovations, motorists, after an accident, face many problems as a result of PES.
Actual problems:
Summing up, we can conclude that, within the framework of the law, each victim can receive payment from the company in which the contract form was concluded. This was done in order to simplify the payment procedure. However, in practice, everything turned out differently, and many motorists faced numerous problems.
In addition, we offer all readers of our portal to use the qualified help of our expert, who works on the site in real time.
The insured/assignee wants to collect the insurance payment for OSAGO instead of organizing and paying for the restoration of the vehicle
Assignee wants to recover underpaid insurance indemnity
The assignee wants to recover the costs necessary to eliminate the shortcomings of the restoration repair
Assignee wants to recover insurance indemnity, which was denied
The insured wants to recover the underpaid insurance indemnity under OSAGO
See all situations related to art. 14.1
1. The victim submits a claim for compensation for damage caused to his property to the insurer who insured the civil liability of the victim, if the following circumstances exist simultaneously:
a) as a result of a traffic accident, damage was caused only to the vehicles specified in subparagraph "b" of this paragraph;
B) a traffic accident occurred as a result of interaction (collision) of two or more vehicles (including vehicles with trailers to them), the civil liability of the owners of which is insured under a compulsory insurance contract in accordance with this Federal Law.
2. The insurer that has insured the civil liability of the victim shall assess the circumstances of the traffic accident set out in the notice of the traffic accident and, on the basis of the submitted documents, compensate the victim at his request for damages in accordance with the rules of compulsory insurance.
3. The exercise of the right to direct compensation for losses does not restrict the right of the victim to apply to the insurer that insured the civil liability of the person who caused the harm with a claim for compensation for harm caused to life or health, which arose after the presentation of a claim for direct compensation for losses and which the victim did not knew at the time of the claim.
(see text in previous edition)
4. The insurer that has insured the civil liability of the victim shall compensate for the damage caused to the property of the victim on behalf of the insurer that has insured the civil liability of the person who caused the harm (carries out direct compensation for losses), in accordance with the agreement on direct compensation provided for in Article 26.1 of this Federal Law damages in the amount determined in accordance with article 12
In relation to the insurer that has insured the civil liability of the victim, in the event of a claim for direct compensation for losses, the provisions of this Federal Law, which are established in relation to the insurer to which an application for insurance compensation has been submitted, shall apply.
(see text in previous edition)
(see text in previous edition)
5. The insurer that has insured the civil liability of the person who caused the harm is obliged to compensate the insurer that made direct compensation for losses on account of the insurance indemnity under the compulsory insurance contract, indemnified by it to the injured person in accordance with the agreement on direct compensation for losses provided for by Article 26.1 of this Federal Law.
(see text in previous edition)
ConsultantPlus: note.
From August 26, 2017, for disputes specified in clause 5.1 of Art. 14.1, pre-trial appeal to the PCA commission is mandatory. Previously filed claims are subject to consideration in accordance with the rules of the agro-industrial complex of the Russian Federation (FZ of July 26, 2017 N 197-FZ).
5.1. If a dispute arises about compensation by the insurer that insured the civil liability of the person who caused the harm against the insurance compensation for harm indemnified by the insurer that made direct compensation for losses, such a dispute is considered by a commission formed by a professional association of insurers within 20 calendar days, except for non-working days. public holidays, from the date of receipt of the insurer's application by the commission. If the insurer disagrees with the decision of the commission or if the commission fails to make a decision within the prescribed period, the dispute is considered by the arbitration court according to statement of claim insurer.
6. In the event of the exclusion of the insurer that insured the civil liability of the person who caused the harm from the agreement on direct compensation for losses or the adoption by the arbitration court of a decision to declare such an insurer bankrupt and to open bankruptcy proceedings in accordance with the legislation on insolvency (bankruptcy) or in case of withdrawal from out of the license to carry out insurance activities, the insurer that has carried out direct compensation for losses is entitled to demand from the professional association of insurers the payment of compensation in the amount established by the agreement on direct compensation for losses in accordance with Article 26.1 of this Federal Law.
(see text in previous edition)
Article 14 of this Federal Law in cases has the right to claim against the person who caused the harm in the amount of the harm compensated to the victim.
9. A victim who, in accordance with this Federal Law, has the right to file a claim for compensation for the damage caused to his property directly to the insurer that insured the civil liability of the victim, in the event that an arbitration court decides to declare such an insurer bankrupt and to open bankruptcy proceedings in accordance with the legislation on insolvency (bankruptcy) or in the event of revocation of his license to carry out insurance activities, submits a claim for insurance compensation to the insurer that insured the civil liability of the person who caused the harm. In this case, the victim does not have the right to receive a compensation payment on the basis of the impossibility of making insurance compensation by the insurer that insured the civil liability of the victim.
(see text in previous edition)
Post Views: 17
Direct compensation for damages is due to the injured party in case of trouble along the way. Since the summer of 2014, there has been an innovation in the compulsory insurance rules that simplifies the compensation procedure.
If you have been injured, then after receiving information from a traffic police representative, go to the insurance office where you received the policy. Here, on the basis of the completed application, they should give a referral for examination, and later arrange for the payment of compensation. More practical than looking for the insurance company that insured the culprit of the accident. Further, the insurer of the victim, not himself, is negotiating with the IC of the guilty. This means that from now on, many victims will begin to go for compensation (direct compensation) precisely to the insurance company with which he entered into an agreement.
But the rule does not work for everyone, only in a number of cases. Although many incidents that occur on the country's highways fall under the PES rule
You can apply for damages if:
Amendment to the first paragraph: in case of an incident where traffic police officers recorded 3 cars, they do not fall under the rule. But if the situation is described in writing as two accidents between two t / s - PVU is legitimate in both situations.
If a particular incident does not meet one of these requirements, a PES is not possible. The victim should seek help from the IC (insurance company) of the culprit. You also need to contact the RSA (Russian Union of Motor Insurers) on this issue.
A number of cases:
The driver can be advised: before insurance, you need to think about the choice. Decide which insurance company to contact, being interested in its reputation, behavior model when payments are necessary.
Payment is made according to a certain regulation of the procedure for compensation for damage. Within a period of 15 days, you need to make a statement to your auto insurer.
First, we draw up a “hat”, correctly and legibly indicating the name of the organization and our own (or authorized person) details (do not forget to write your phone number). Below, in detail, we describe the whole situation that happened on the highway. You need to enter information about the culprit and his vehicle (both drivers will have to tell each other their data). It is important to indicate the bank account to which payments can be made. We describe the method of providing a car for visual analysis and determining the amount of damage.
The percentage of depreciation can significantly affect the formation of such an amount. After the amendments to the law, the limit parameter is no longer 80%, but 50%. If the driver disagrees with the assessment, he can order at his own expense independent expertise. The compensation amount should not exceed the established limit - 400 thousand rubles, if only property was damaged, 500 thousand if there was damage to human health. Previously, according to the law, they paid compensation, looking back at the amount that was spent on treatment. After the amendments recently made, you just need to present a certificate from the doctor about the injury.
You can use the services of a lawyer for the correct preparation of the application. Further, the procedure for the formation of compensation occurs without the participation of the driver.
Also put in the envelope a set of the following papers:
After a week from the date of receipt of the letter, the UK must notify through email The other driver's sk about this statement. This process is controlled by the PCA. You also need to write a list of enumeration of the attached certificates and documents.
The culprit's insurers may respond to the claim in different ways:
One month has been allotted by the rules for the payment of PES. If no payment has been made, then your IC must make it itself or make a justified refusal to pay in writing. It can be challenged in court.
Compensation for the loss is made in cash, or in the form of a transfer to the driver's account.
In practice, receive compensation in short term you can, if you immediately find the IC of another driver, acting according to the old rules. But the situation began to change.
What if something is wrong with the initiator's OSAGO coupon? There is no point in contacting a personal insurance company for PV.
Check this information against the list of "exceptions to the agreement." AT this document it says where to go.
Contact the PCA at the phone number found on the site, you should be told the address and phone number of the successor company. Or try to go directly to the RSA.
Reimbursement can only be obtained through the courts. File a lawsuit against the initiator, but first check again the authenticity of his policy on the PCA website.
According to the rules, the IC of the victim must pay the PVU to his client instead of the IC of the perpetrator. But then, of course, she wants to get a refund from the company of the culprit. In an attempt to simplify the refund process, the authorities came up with the idea that it would be a fixed amount of money. That is, the IC of the culprit must, in the event of an accident, pay a specifically specified amount, determined for each district separately. This is where the main catch is hidden: if the loss does not reach a fixed amount, then the victim will receive it without any problems through the insurance company that executed the contract with him. After all, insurers demand a fixed, higher amount from colleagues. But if the amount of repayment of the loss is higher than a fixed amount, the IC of the victim refuses to pay.
In order not to accept a loss, the representative of the insurance company does this:
And the culprit does not want to pay the driver a fixed amount in excess of the damage.
Watch a video about direct compensation for OSAGO losses:
In order to reduce the overall number of disputes and appeals to the court, the government imposed additional sanctions for artificially delaying decisions by insurance structures. So, if the IC did not send a letter of refusal to pay, or did not pay compensation on time, the UK will receive a penalty for each day of delay. The term for payment is 20 days, and the penalty (1% of the verified amount) for each day. If the decision to refuse is delayed, the penalty will be 0.5%. In the event of an unjustified reduction in payments, the sanctions will be tightened even more. The fine can reach 50% of the amount paid to the motorist.
The previously implemented PES does not exclude the possibility of the owner of the car turning to the insurer of the driver who caused the harm. She can be demanded compensation for the harm to health that was brought after the earlier claims. If the victim discovered the injury after applying for payment, then he has the right to expect help from both page structures. This is confirmed by Federal Law No. 40.
For several recent years The topic of compensation payments is the most relevant. Laws change all the time. Innovations are conceived to facilitate the procedure for registering an incident. But there are many complaints from them. Supreme Court The Russian Federation plans to organize the work of a special commission for the pre-trial analysis of discussions on the PES. If the insurer is not satisfied with the work performed by the commission, he may appeal this to arbitration court. Further, all disagreements around the PES will not be considered in the courtroom. They will be decided at the RSA level. The bill is currently in the revision phase.
But since the autumn of this year, the amended Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” has already been in force. The essence of the innovation is that a motorist claims a PVU even if 2 or more vehicles were involved.
What exactly has changed in the description?
It used to be like this: an accident in the collision of "two" vehicles ...
Now: Accident when hitting “two or more” vehicles…
We look at paragraph 3 of article 3. It is described here: the law works in case of accidents that happened after the introduction of innovations in the Federal Law.
That is, now the PES in case of an accident, in which three or more drivers were involved, can be obtained regardless of the date the insurance was issued. If only it remained valid at the time of the accident.
In a word, if one of the three car owners who participated in an unpleasant accident on the road acquired an OSAGO coupon before the amendment described above was put into effect, he can also come to his IC for direct compensation.
This means that in the event of a major accident, the driver will not have to look for a way to contact the company that issued the OSAGO policy to the culprit, he can use the right to help his insurer.
What happens if the insurance of one of the participants (guilty or injured) of the incident expired before August 2, 2014? The insurer of the perpetrator also has no right to refuse the perpetrator's application. The conditions of the incident are then considered under article 14.1 of the Federal Law on OSAGO.
Simplified registration of the DP, without the traffic police service, remains possible only with the presence of 2 drivers.
Also, the area of responsibility is now clearly defined (parking, yard area, use of a tow truck, roadway), which clarifies the responsibility of the UK.
So far, if the amount of damage is higher than the fixed amount, it is better to immediately file with the IC of the perpetrator. If you want to receive a PV from your manager, tune in to possible misunderstandings. Complain to RSA.
There is no separate rule for PES, you can see the following documents:
We do not take special sanctions for obvious violations. Which insurance broker to contact in the course of the incident is up to you to decide. But there are a number of points of contention. For example, one of them:
A truck with a trailer was involved in an accident. But these are two different vehicles, given that the policy was issued separately for the trailer. To thoroughly understand, you need to study the certificate issued by the traffic police officer. How many vehicles are listed. It was possible to indicate the participation of only the body of a truck and another car, or only a truck (without a trailer) and a second car. If, nevertheless, the circumstances speak of the participation of all parts of the truck, then there were three participants (with two owners).
There are also a number of circumstances under which direct payment of damages may be denied. Rejected if:
The most common cases for refusal of direct payment of damages are described above. The PES Agreement contains 34 such clauses under which a refusal will follow. We encourage you to check them out later.
Relying on legislative framework, provided to each owner of a car insurance must fully cover the damage caused to his property, health. Victims often face the unfair attitude of insurance companies regarding cash payments. Employees of companies flatly refuse to fulfill their direct duties. Such violations have become especially frequent after the introduction of simplification, when a driver who has suffered can contact his insurance company.
Maximum payouts for fear. case now are:
With a large amount of the expected payment, both SCs try to redirect the driver to each other. They are happy to help as long as the amount is minimal. There are no specific sanctions for offenders, but there are grounds for refusal. Below is a complete list.
The insurer may refuse a PES if:
Driver insurance is a promising but problem-filled form. Vehicles are always considered to be in an increased risk zone, given the opinion of insurers. Insurance companies are subject to tougher requirements in favor of consumer rights. The financial situation of many UKs has deteriorated significantly. The dynamics of growth in the amount of payments is unstable, which is scary. To maintain the profitability of auto insurance, it is still necessary to modernize the legal framework more.
It is easier for a driver who has been injured in an accident to apply for compensation to his insurance company, with which a contract has been concluded.
In case of refusal, you can use the details of another IC (from the side of the culprit).
If this particular case is justified by the OSAGO Law, and you were denied a PES by both insurance companies, for any other violations of the law (including underpayment) - go to the prosecutor's office with a request to consider the case.
Direct indemnification under OSAGO is a special procedure that allows you to receive financial compensation for the repair of a vehicle that has been damaged in an accident. Cash are allocated by the insurance company in which the owner of the affected car is serviced.
This procedure allows:
You can receive compensation from the insurance company in which you issued OSAGO in accordance with Federal Law No. 40 article 14.1: Direct Indemnification (DDR) is possible if the following conditions are met:
If the victim in an accident applied for direct compensation, but after a certain time he began to have health problems associated with the accident, he can demand additional compensation from the insurance company of the culprit.
Attention! The insurer carrying out direct compensation for losses has the right to reimburse the incurred expenses at the expense of the insurance company of the party responsible for the accident.
The insurance company may refuse the policyholder for the following reasons:
Most car owners, when an insured event occurs, prefer to contact "their" insurance companies (you can find out more about what an insured event is). This saves a lot of time on the registration of traffic accidents.
The first step is to submit an application to the insurance company in writing. The form of such an application is issued at the office of the insurer.
The application contains:
Attached to the application is a list of required documents.
Must be specified:
When filling out an application, the information must be genuine. Everything is written legibly, blots and corrections are unacceptable.
You can find out more about how to file an application with an insurance company for OSAGO compensation.
An application for direct damage compensation is submitted to the insurance company with a package of documents proving the circumstances of the traffic accident.
Required Documents:
If the traffic police are called to the place, then additional documents are needed:
The amount of compensation to cover the damage is calculated by a specialist of an expert company, which is independent.
The insurance company selects the expert organization.
But, if the injured party does not agree with the results of the examination, it can conduct a second examination at the expense of own funds. A referral for an independent examination is written in connection with dissatisfaction with the results of the examination conducted by the experts of the insurer company.
You can find out more about how to get money under OSAGO after an accident, and in more detail about compensation for losses after an accident and the recovery of moral and material damage from the culprit of an accident can be found in.
If the insurance company has unreasonably refused direct compensation for OSAGO losses, the first step is to draw up a pre-trial claim. It is submitted to the insurance company, if the document is drawn up correctly, the insurer's management sees that the insured is determined and often fulfills its payment obligations.
All costs incurred as a result judicial trial, upon making a decision in favor of the insured, are reimbursed by the insurer.
Liability for failure to fulfill obligations is regulated by articles 16.1 of the Federal Law "On CTP". According to the article, the policyholder sends a claim to the insurer with justified requirements, which must be considered within 10 working days.
If the driver is involved in an accident, it is recommended to hotline notify your insurance company. If the conditions of the accident correspond to the conditions of direct payment, all the actions of the car owner are competent, there is a valid agreement on compulsory civil liability, then there should be no problems with it.
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