Insured event what to do. What is an OSAGO insured event
- stop immediately vehicle(hereinafter - TS) and turn on the emergency light alarm.
- Place an emergency stop sign (at least 15 m from the vehicle in locality and at least 30 m outside the settlement).
- Contact the emergency service: 112 - emergency or 102 - Police (free of charge from a mobile even when roaming) and act according to the instructions of the traffic police officer.
- Record the circumstances of the accident with mobile application, developed by the RSA and providing data transfer to the OSAGO AIS, which is entered through the ESIA (registration on the State Services portal), for example, “Accident. Europrotocol”, and (or) with the help of technical means of control (if they provide data transfer to the AIS OSAGO) no more than 10 minutes from the moment the accident was registered by technical means of control. The application can be downloaded from the Play Market app stores or App Store. Fix with the help of photos and videos in relation to each other and road infrastructure objects, traces and objects related to the incident, damage to the vehicle, reg. number and VIN number of the vehicle.
To settle an accident according to the Europrotocol (without calling the traffic police), fixing using a mobile application until 10/01/2019 is required only in case of disagreements or the need for settlement in the amount of 100 to 400 thousand rubles in Moscow, Moscow region, St. Petersburg, Leningrad region.
From 10/01/2019, fixing with the help of a mobile application and (or) technical means of control (if they transmit information to the OSAGO AIS) is mandatory for all accidents without calling the traffic police. If it is impossible to fix, it is obligatory to call the traffic police. - Clear the roadway if there is an obstacle to the movement of other vehicles (only if there is no harm to life or health, if any, cars cannot be moved without instructions from the traffic police).
- Fill out the Notification form together with the other (and) participant (s) of the accident - instructions.
- Call the contact center "Ingosstrakh" by phone:
+7 (495) 956-55-55 (Moscow), 8 (800) 100-77-55 (other regions of the Russian Federation) for advice.
Insured event statement
You can declare an insured event in case of damage to vehicles and other property as a result of an accident at the offices of independent expertise partners of Ingosstrakh.
You can find a list of independent technical expertise that accepts CMTPL clients in Moscow and the Moscow Region in the "Settlement Offices" section.
Natural form of restitution
Compensation for damage caused to the vehicle of the victim can be carried out by organizing and paying for refurbishment at a service station (STOA), from among those with which Ingosstrakh has concluded relevant agreements, taking into account the criteria for accepting vehicles for repair for each STOA .
In case of damage to vehicles and other property as a result of an accident.
You can declare an insured event at the offices of independent examinations - partners of Ingosstrakh:
Submitting an application to the Independent Review Office will allow you to:
- carry out an inspection of the damaged vehicle and conduct an independent examination on the day of the appeal;
- significantly speed up the process of considering an insured event and making a decision on the implementation of an insurance payment.
You can find a list of independent technical expertise that accepts CMTPL clients in Moscow and the Moscow Region in the Settlement Offices section.
Natural form of restitution.
Compensation for damage caused to the vehicle of the victim can be carried out by organizing and paying for refurbishment at a service station (STOA), from among those with which Ingosstrakh has concluded relevant agreements, taking into account the criteria for accepting vehicles for repair for each STOA .
Terms of payment of insurance compensation: The victim's application for insurance payment is considered within 20 calendar days (excluding non-working holidays).
IMPORTANT! To receive insurance compensation within 400 thousand rubles. for accidents that occurred in Moscow, Moscow Region, St. Petersburg and the Leningrad Region, as well as in order to receive insurance compensation in the presence of disagreements, the data on the accident must be recorded by its participants and transferred to the OSAGO AIS through the RSA "Accident. Europrotocol" mobile application. The fact of using the mobile application of the RSA "DTP.Europrotocol" when registering an accident according to the Europrotocol should be indicated in the application for payment of insurance compensation.
A set of documents for registration when applying to Ingosstrakh:
- A notice of an accident (original) within 5 working days from the date of the accident must be submitted to the address: Moscow, st. B. Tulskaya, 10 building 9 (for Moscow and the Moscow region); addresses of branches in the regional network, see the website see )
- Application for payment of insurance compensation.
- Duly certified copy of the identity document of the victim (beneficiary).
- Documents confirming the victim's ownership of the damaged property: vehicle registration certificate or vehicle passport (PTS). If at the time of the accident the vehicle was with transit numbers, the provision of the title is mandatory.
- Documents confirming the authority of the person who is the representative of the beneficiary.
- The consent of the guardianship and guardianship authorities, if the payment of insurance compensation will be made to the representative of the person of the victim (beneficiary) who has not reached the age of 18 years.
- Bank details the recipient of the insurance indemnity (the transfer is made to the account of the owner of the damaged property or to the account of the person entitled to the insurance payment.
Memo on the procedure at the scene of an accident for claiming a loss under the Europrotocol -.
When contacting Ingosstrakh, you are required to submit.
More detailed information according to the "Europrotocol" can be obtained on the website of the PCA.
When contacting Ingosstrakh, you need to submit the following.
The deadline for submitting documents is 15 days from the time of the incident recorded in official certificates, but the insurer should be notified of the incident by phone within the next day.
What documents are issued at the scene of the accident?
At the scene of a traffic accident, traffic police officers on duty draw up a certain package of documents. In case of minor damage to the car and the absence of serious injuries of the victims, the list of mandatory documents is as follows:
- admin protocol. violation – standard form a document with official data and contacts of participants in the accident;
- road accident scheme- a plan of the area with the location of the car, the indicated speed, braking distance, collision site and other nuances of the incident;
- appendix to the protocol- it indicates the mechanical damage to the vehicles involved in the accident;
- explanatory statements of witnesses;
- help for SC- a document in accordance with the established form without indicating the guilty party.
If an accident caused serious consequences, for example, significant material damage was caused to a car or people suffered serious bodily injuries up to death, then the following must be attached to the list of mandatory documents:
- accident certificate- a generalized description of the incident based on a visual inspection of the accident site, affected vehicles, data received from witnesses and participants in the accident;
- medical act. examination of participants in the accident- the procedure is carried out at the scene of an accident or in medical institutions, while the presence of 2 witnesses is mandatory, as indicated by their registration and signatures in an official document;
- medical opinion- a certificate from a doctor who arrived at the scene of the accident about the injuries or death of the participant in the accident.
How to apply for insurance payment without traffic police certificates?
IN Lately many resort to a simplified registration of an accident under OSAGO, i.e. to register an accident according to the European protocol, which does not require the presence of traffic police officers. In order to file an accident according to this principle, special forms have been developed, which must be submitted to the UK no later than 5 days from the date of the accident. In order to resolve the situation under the European Protocol, the following conditions must be met:
- all involved in car accidents must be insured;
- absence of physical injuries after an accident;
- the participants in the accident should not have disagreements about the existing damage to the cars involved in the accident.
In this case, drivers can use a simplified conflict resolution scheme, for which the persons involved in an accident need to fill out the appropriate form, seal it with signatures, and then transfer it to the UK. It is worth noting that after the document is drawn up according to the simplified scheme, the injured party is not entitled to make additional demands on the insurer, and the insurer can conduct an additional examination for compliance with the actual damage to the vehicles described in the application.
Rules for contacting an insurance company
Appeal to the insurer is carried out within 15 days from the date of the accident. In the event that you did not receive any documents from the authorities at the scene of the accident, the insurance company will send a written request to obtain all the necessary papers, and you will be advised on further actions. If Required documents in your hands, you can submit documents, for this you will need:
- identification;
- the original CMTPL policy, upon request, you will need to provide copies of payment receipts;
- car registration certificate;
- driver's license;
- the original "Notice of an accident", drawn up in accordance with all the rules at the scene of the accident (i.e. signed by both parties to the conflict);
- certificate of the traffic police (form 748 or 154);
- incident protocol and resolution;
- bank details of the affected party.
Based on these documents, the insured writes a statement of the established form, attaches to it required documents and the matter is being considered. An independent examination will definitely be carried out, if the car is in working order, the inspection is carried out in the UK, if the damage is strong enough, the expert goes to the place where the car is stored. Depending on the results of the examination, the due sum insured and payment is made.
From the moment the documents are officially submitted, the insurer has 20 days to solve the problem - this can be a cash payment, a referral for repairs, or a motivated one.
The procedure for conducting an examination
Often a situation arises when the injured party does not agree with the estimated amount of damage, and, accordingly, with the insurance payment due. The way out in this situation will be an independent examination, during which the following nuances should be taken into account:
- choose independent experts belonging to self-regulatory organization appraisers, make sure they have valid policies appraisers;
- invite representatives of the UK for examination by sending a notification by registered mail, this must be done no later than 3 days before the scheduled date of the inspection. If the amount of the alleged damage is more than 120 thousand rubles, in the same way invite the person responsible for the accident for examination. Most often, the representatives of the insurer ignore independent investigations, but you need written confirmation of the sent invitations if the case goes to trial;
- after the examination, make yourself a copy of the damage assessment report, and provide the original document to the UK. Together with the report, write two statements, certify them with seals, dates and number them - keep one copy for yourself for safety;
If an insured event occurs on a loan, but the insurance company does not pay, you can always appeal this decision in court.
Almost all loans today are accompanied by a bank offer to conclude an insurance contract. The insurer is usually a partner company or a company that, along with the bank, is part of a single holding structure. Recently, classical insurance has been replaced by programs financial protection, although there are no special differences, if you do not go into legal subtleties, for these products. In system consumer lending insurance is voluntary, and even if the bank has managed to impose insurance, it can be refused. With a mortgage and a car loan, insurance is required, but this only applies to collateral.
In general, the common practice is to provide credit insurance either on a voluntary basis or in without fail. And if the borrower takes out insurance, then, of course, he expects that upon the occurrence of the insured event specified in the conditions, he or the bank will be able to receive monetary compensation. But those who have already encountered issues of insurance payments note that even the most advanced insurance does not give a 100% guarantee of receiving money.
In system credit insurance there is nothing so special in terms of refusing to pay insurance, which would not be found in other legal relations. The same grounds, the same arguments from the insurance companies. Only the consequences are somewhat different: not only do you not get what you counted on and paid for, but you also remain indebted, and thus insurance turns into a useless tool.
Unfortunately, the occurrence of an insured event in itself is not the only condition for the payment of compensation. You still need to follow the procedure for insurance company and a number of other formalities. But you can also face another situation in which the insurer will try in every way to either avoid fulfilling his obligations or reduce the amount of payment to a minimum. Knowing your rights and skillfully applying the available tools to protect them is the main condition for an effective fight against unscrupulous insurance companies.
How to interact with the insurance company in the event of an insured event
Whatever insured event occurs, first of all, you need to make sure that it is indicated in the terms of the insurance contract. It so happens that many borrowers do not carefully read the contract when signing it: at best, they will briefly look at it, and at worst, they will take the manager’s word for it. As a result, it may turn out that the event that happened to you is not indicated at all in the contract. Or the wording is so vague that it is possible to consider what happened in the context of the terms of the contract in different ways. Alas, if the case is not listed as insurance, you will not be able to claim compensation. If everything looks controversial and incomprehensible, be sure to contact a lawyer specializing in credit insurance. With an ambiguous interpretation, you are unlikely to figure out on your own who is right and who is not - you or the insurance company. Of great importance in such a situation would be arbitrage practice, and here a specialist is in any case more competent than a legally unskilled person.
So, you have determined that the event is an insured event. How to proceed next:
- We carefully study the contract (policy), the memo of the insured person regarding the procedure (procedure) for applying to the insurance company (or bank) in connection with the occurrence of an insured event. The main task is to find out how, where and in what terms it is necessary to apply with a primary notification.
- Preparing notification. Usually, a rather short period is allotted for the initial notification of the insurance company (or bank) - within a couple of days, sometimes a little more, depending on the event (insured event). It is important to meet the allotted time, and even better - to apply immediately. In no case can you delay the appeal, and it is advisable to do this personally or through a trusted person.
In a personal appeal or in response to a notification, the insurance company will most likely offer to prepare and submit documents confirming the occurrence of an insured event, if they were not attached to the notification. It is easy to prepare documents. For example, if you lost your job, it is enough to provide a copy of the order or other document of the employer confirming the fact of dismissal and its reason. In case of illness, accident medical documents, and in the event of the death of the insured borrower - the relevant certificate.
During the period of time established by the insurance company's regulations, the circumstances that gave rise to the application for insurance compensation are checked. Deadlines vary. As part of such a check, the insurance company determines the existence of an event, its confirmation (proof) and the possibility of recognizing this event as an insured event with a decision to pay compensation, its amount or to refuse payment in full or in part. The policyholder shall be notified in writing of the decision made. In the event of a complete refusal or restriction of payment, the grounds for making such a decision must be indicated. Study these grounds carefully, preferably with the involvement of a lawyer.
The most common reason for a complete refusal to pay insurance is the non-recognition of an event as an insured event. There are many reasons that can be given, and they vary depending on the situation. As a rule, this is due to the fact that in the terms of the contract, insured events are given without specifics, in the form of general formulations, or the issue of recognizing / non-recognizing an event as an insured event depends on a number of related factors and conditions.
For example, the borrower may consider his dismissal an insured event under any circumstances, while the insurance company will most likely refuse to pay, citing the fact that the dismissal occurred due to own will or for a disciplinary offense, and this is considered as a limiting condition specified in the contract. There are also cases when the disability of the borrower is not recognized as an insured event, even if it is directly indicated as such in the contract. Here, often in case of refusal, an argument is made that the insured knew about his illness at the time of signing the contract and did not inform the insurance company about this when filling out the questionnaire.
If the insurer refuses to pay out insurance Without recognizing the case as insurance, it is useless to argue - it is more efficient, as practice shows, to immediately transfer the issue to the trial. It is unlikely that the insurance company will change its decision, even if you additionally submit a huge package of supporting documents. And you will only lose time and money in a dispute with the insurer, since the bank will not remove the obligation to repay the loan from you while you are dealing with insurance. To comply with the formalities, it is enough to prepare and send a written claim to the company with a requirement to fulfill obligations under the insurance contract in full.
At the initial stage, a written claim is also sent in the following cases:
- non-receipt from the insurance company in set time no response to the appeal regarding the insurance payment;
- consent to payment, but its delay or incompleteness;
- refusal to pay compensation in full (partial compensation).
Simultaneously with the claim, you can send complaints about the violation by the insurance company of your financial rights. There are two main options here - Rospotrebnadzor (the most popular) and the Bank of Russia (the main body of insurance supervision). In these cases, achieving insurance payment is a small probability, but such a step can put a kind of pressure on the insurance company, and if a positive decision is made on the complaint, it will become additional evidence your rightness. You can also file a complaint with the Interregional Union for the Protection of the Rights of Policyholders - a specialized organization that provides legal assistance, though not free of charge.
If none of the options for pre-trial dispute resolution helped, you will have to go to court with statement of claim. In this case, the claim is made from the borrower-insured, but in favor of the bank, which is the beneficiary in the credit insurance system. In your favor the borrower may require:
- recognize the event as an insured event (mandatory if the refusal to pay is connected with this);
- recover compensation for moral damage, interest for the use of an insurance company by strangers in cash as well as court costs and legal aid costs.
If an insurance company and a bank are involved as defendants, which is usually done to solve an additional problem - termination of a loan agreement, then requirements might look like this:
- recognize the event as an insured event;
- recognize the refusal to pay insurance unlawful;
- oblige the insurance company to fulfill its obligations under the contract in full by paying compensation to the bank;
- oblige the bank to repay the loan debt at the expense of the sum insured;
- recognize loan agreement terminated, and in the presence of a pledge - to recognize it as terminated.
Specific requirements depend on the situation, the grounds for refusal to pay insurance and the goals that the borrower or his heirs are planning to achieve. It is important to take into account that you will have to not only prove your case, but also refute the arguments of the insurance company, and often the bank, which can take the side of the main defendant.
An insured event under OSAGO is the onset of civil liability of the car owner for causing harm to life, health or property of the victims when using the car, entailing the obligation of the insurance company to pay insurance compensation (Article 1 of the Law of April 25, 2002 N 40-FZ).
In the event of an insured event under OSAGO, we recommend that you adhere to the following algorithm.
Step 1. Perform the primary actions provided for by the traffic rules
In the event of an accident, its participants must take measures and fulfill the obligations stipulated by the traffic rules (clauses 2.5, 2.6, 2.6.1, 7.2 of the traffic rules of the Russian Federation; clause 3.1 of the Rules, approved by the Bank of Russia on September 19, 2014 N 431-P).
At the same time, it should be borne in mind that, depending on the actual circumstances of the incident, traffic rules provide for various rights and obligations of drivers involved in an accident. So, traffic rules prescribe different order actions of drivers (clause 2.6, paragraph 1,, 3 clause 2.6.1 of the SDA):
- if there are casualties as a result of an accident;
- if as a result of an accident only cars were damaged and no agreement was reached between the participants in the accident on the circumstances of the incident;
- if the participants in the accident agree on the circumstances of the incident.
Step 2. Perform the actions provided for by the insurance rules under the OSAGO agreement
1. Tell other participants in the accident information about the contract compulsory insurance, including number insurance policy compulsory insurance, as well as the name, location address and telephone number of the insurer (clause 1, article 11 of the Law of April 25, 2002 N 40-FZ; clause 3.2 of Rules N 431-P).
2. Fill out an accident notice issued by the insurance company, if any (clause 7, article 11 of Law N 40-FZ; clause 3.5 of Rules N 431-P).
3. Notify your insurance company of the incident in the manner and within the time limits stipulated by the insurance rules (clause 2, article 11 of Law N 40-FZ; clause 3.3 of Rules N 431-P).
Step 3. Document the accident
Documents about an accident are drawn up depending on the circumstances of the case, which are determined when performing primary actions in an accident, with or without the participation of a traffic police officer.
Step 3.1. Prepare documents about an accident without the participation of a traffic police officer
Fill out the accident notification forms together with another participant in the accident (clause 284 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia dated August 23, 2017 N 664).
At the same time, the circumstances of the damage, the scheme of the accident, the nature and list of visible damage must be certified by the signatures of both drivers. To do this, each driver signs both sheets of the accident notice on the front side. The reverse side of the notice of an accident is drawn up by each driver independently (clause 3.6 of the Regulation, approved by the Bank of Russia on September 19, 2014 N 431-P).
After that, you can leave the scene of the accident and take the actions provided.
Step 3.2. Prepare documents about an accident with the participation of a traffic police officer
To do this, you need to call a traffic police officer, wait for the paperwork about the accident, take part in the consideration of the case (if necessary) and receive documents from the traffic police to apply to the insurance company for insurance compensation.
Step 3.2.1. Submit an explanation to the traffic police officer and wait for the protocol to be completed
After you (or the traffic police officer) have carried out the initial actions at the scene of an accident, the traffic police officer draws up a protocol, to which is attached a diagram of the place of the accident (clause 273,
In case of disagreement with the data set out in the protocol and scheme of the accident, be sure to indicate what exactly you do not agree with.
Participants and witnesses of the accident give explanations to the traffic police officer (clause 51,,,, Administrative Regulations).
Note!
Your explanations are evidence in the case, so errors and inconsistencies in their content may adversely affect the outcome of the case ( part 1, 2 tbsp. 26.2 of the Code of Administrative Offenses of the Russian Federation).
When providing explanations in writing necessary:
1) indicate the date, time, place of the incident (address);
2) describe the traffic situation on the indicated section of the road;
3) indicate the presence of markings, the condition of the road surface (wet, dry, the presence of potholes, etc.);
4) describe the events preceding the accident (in which lane, at what speed you and (or) other participants were moving, the actions of other drivers involved in the accident, maneuvers, traffic signals, etc.);
5) describe the measures you have taken to avoid an accident (reducing speed, emergency braking, etc.);
6) describe the event itself (impact, vehicle displacement, etc.);
7) express your opinion regarding the guilt of one or another participant in the accident;
8) if there are eyewitnesses, indicate their data in the explanation. If necessary, insist on calling and questioning these eyewitnesses. Such a request can be stated directly in the explanation or on a separate sheet.
Written explanations may be accompanied by a record of the registrar or photographs (if available). Witness testimony, videotape, and photographs can prove your innocence.
In the event of your refusal to give explanations, an appropriate entry is made in the protocol on an administrative offense (paragraph 138 of the Administrative Regulations).
Note. If there is a dispute about guilt in an accident, before giving written explanations, we recommend that you contact a specialist for qualified legal assistance.
Step 3.2.2. Get documents from the traffic police officer
Depending on the circumstances of the case, the traffic police officer draws up a protocol or issues a decision on the case of an administrative offense or a decision to refuse to initiate a case on an administrative offense (paragraph 289 of the Administrative Regulations).
Note. From 10/20/2017, the traffic police stopped issuing certificates about accidents, since the relevant information will be briefly reflected in the primary procedural documents (protocols, resolutions or definitions) ( 273 Administrative regulation, approved. Order of the Ministry of Internal Affairs of Russia dated August 23, 2017 N 664; Information Ministry of Internal Affairs of Russia dated 10/20/2017).
When it is impossible to establish the composition of an administrative offense, it is necessary to conduct an examination or other procedural actions that require significant time costs, a ruling is issued to initiate a case on an administrative offense and conduct an administrative investigation (paragraph 289 of the Administrative Regulations).
Step 3.2.3. Take part in the consideration of the case of an administrative offense
The time and place of consideration of the case is appointed by the traffic police officer after the initial registration of documents about the accident.
The consideration of the case by the accident analysis group and the execution of other documents takes place in the district department of the traffic police at the scene.
When considering a case, you may need legal assistance, in connection with which you have the right to file a written request to postpone the consideration of the case (part 1 of article 25.1, part 2 of article 25.2 of the Code of Administrative Offenses of the Russian Federation).
After considering the circumstances of the case and examining the evidence, the traffic police officer determines the presence or absence of an administrative offense in the actions of one of the drivers, draws up a protocol and issues a decision on the case of an administrative offense or a ruling on the refusal to initiate a case on an administrative offense (paragraph 289 of the Administrative Regulations ).
Step 3.2.4. After considering the case by the accident analysis group, receive the documents in the traffic police department
After considering the case at the traffic police department at the scene of the incident, you must obtain the following documents:
1) a copy of the protocol on an administrative offense indicating the circumstances of the violation of traffic rules. Upon receipt, check the correctness of the data set out in the protocol and the presence of the signature of the traffic police officer;
2) a copy of the decision on the case of an administrative offense or the ruling on the refusal to initiate a case on an administrative offense. Upon receipt of these documents, check the presence of the seal of the traffic police department and the signature of the traffic police officer who compiled them.
Note. From 10/20/2017, the requirement to submit a certificate of an accident when the insurer considers the victim's application for insurance compensation or direct compensation for damages for an accident that has taken place since the specified date is unlawful ( step 3.1 must be handed over or sent to the insurer no later than five working days after the accident. The victim sends his copy of the notice along with the application (clause 2, article 11.1 of Law N 40-FZ; clauses 3.8, 3.9 of Regulation N 431-P).
Useful information on the issue
Relations between participants in a road accident have been greatly simplified after the adoption of Federal Law No. 40-FZ, which obliges vehicle owners to insure auto civil responsibility. Now the damage suffered by the victims is compensated from the funds of insurance companies, if it does not exceed the amount established by the Rules Central Bank RF dated September 19, 2014. In some cases, in order to issue payments, the victim in the accident will have to prove that it was an insured event during an accident, and in this situation he is entitled to compensation.
It is difficult for a car enthusiast inexperienced in the legal sphere to do this on their own, because high-level specialists work for the company, who will make every effort to avoid payments. The right decision is to contact a professional lawyer who specializes in such cases. He will understand specific situation, tell you what to do, and help you draw up the necessary documents for filing with the insurance or court.
Is it possible to insured events under OSAGO without an accident?
Article 6 of Federal Law No. 40-FZ designates the object of compulsory insurance, which is Civil responsibility a person driving a vehicle in case of causing harm to other citizens and their property. From which we can conclude that a prerequisite for the occurrence of insurance obligations for damages is the participation in the incident of a car whose owner has an OSAGO policy.
According to paragraph 1.2 of the Rules for the movement of Russian roads, an accident is a situation in which a vehicle is involved, and harm has been done to people's health, property has been damaged. Confirmation of such an incident is a certificate issued by the traffic police on the spot or upon presentation of the euro protocol. It is included in the mandatory list of documentsaccompanying an application for payment of the amount due. This list is the same for all insurers, although large market participants, such as Rosgosstrakh, may impose additional requirements on the package of securities.
Important! For these reasons, if the situation is not recognized as a traffic accident, compensation for damage to the victims at the expense of insurance companies is not made. They may demand compensation for damage in a claim or judicial order from the person responsible for the incident.
Insured event in case of an accident in the courtyard of the house according to OSAGO
Article 6, paragraph 2 federal law No. 40-FZ gives an exhaustive list of situations in which victims cannot claim payments for compulsory auto insurance:
- if the driver presents a policy that does not include the vehicle that caused the accident ;
- the incident happened while learning to drive, competitive events or technical tests in specially equipped areas;
- when the damage is necessarily compensated in accordance with other regulatory documents, providing a different process of protection against unforeseen situations than OSAGO insurance;
- if the environment is harmed;
- when the car , driven by the person responsible for the accident , or his property was damaged ;
- the incident occurred during loading and unloading operations;
- damaged antiques, architectural monuments, jewelry and other items that require a special expert assessment.
Insurance companies do not compensate moral damage and lost profits. They can only be demanded from the perpetrator of the incident.
Important! In the above list there is no situation in which the place of the accident is taken into account as a reason not to compensate the victims for the damage suffered. From which it follows that in case of an accident, which occurred in the courtyard of a residential building, the victims are entitled to receive insurance payments.
Is an accident in a parking lot an insured event?
The same rules apply here as in the event of an accident on adjoining territory. Persons who have suffered certain damage as a result must receive monetary compensation from insurers. In practice, companies unquestionably recognize only explicit insurance situations. If it is possible to recognize the incident as a non-insurable event, then you will have to work hard to prove the opposite. One of the main conditions is to get a certificate from a traffic police officer confirming that this is not an ordinary accident, but an accident in a parking lot.
Important! In this case, even if the perpetrator left the scene, payments can be made from insurers using the newly introduced direct reimbursement provision. To do this, you need to seek the help of a professional lawyer. Having considerable experience in such cases, he will make every effort to achieve justice and make the insurance company pay the maximum amount.
ATTENTION! In connection with latest changes in legislation, the information in the article could be out of date! Our lawyer will advise you free of charge.