When to apply for Osago. How long should I contact the insurance company after an accident in OSAG
Being the owner of a car, you should never forget that anything can happen on the road and most often other drivers become the initiators of car crashes. If you became an involuntary participant in such an incident and your property suffered, and possibly you yourself, then it would not be out of place to know what is the term for contacting an insurance company after an accident under OSAGO 2020 and the procedure for carrying out this procedure.
Before you find out what the term for compulsory motor third-party liability insurance after an accident is set aside for injured drivers, you need to know exactly where to go. After all, each motor civil liability has its own advocate, which is the insurance company.
Under OSAGO conditions, victims of a car accident have several options for applying to the insurance after an accident, and these options are:
- Direct appeal to the insurance company of the initiator of the accident;
- Appeal to your insurer;
- Appeal to the PCA.
If an innocent person in an accident gets injured, physical damage, then there is nothing left but to go to the company responsible for the disaster. If both participants had an “auto-citizen” and the damage was caused exclusively to property, then you can contact your insurer.
In the event that a catastrophe occurred, there may be casualties, but the perpetrator of the offender does not have a license, then the PCA will be responsible for sending the car for inspection, as well as compensation payments.
Terms of pre-trial settlement
So, now you know which insurance company to apply for in an accident, especially if the other person is to blame and his illegal actions have affected your health. Surely you know whether insurance is paid to the culprit of the accident insurance or not.
Naturally, the answer will be no, compensation for compulsory motor third-party liability insurance is not paid to the culprit of the accident, but you can count on compensation. It is known that the term for compulsory motor third-party liability insurance, in fact, as well as the deadline for submitting an application, is 5 days.
Therefore, from the moment of filing the application, the party protecting the interests of the culprit of the accident is obliged to inspect your damaged vehicle within the same five-day period.
If this does not happen or if the calculated amount does not suit you, you must send a claim letter to the UK before applying to the court. In the event that after 5 days after the submitted claim nothing has changed, then feel free to go to court.
Changes to the terms for the insurer
Now we know that complaints submitted to the insurance company to the insurance company of the culprit of the accident are considered within 5 days. The same 5 days is the term for applying to the insurance with a statement of compensation. Whose insurance company to contact the victim after the accident, we have already discussed above.
If not only your vehicle has suffered, but also you yourself, then it is mandatory to apply for motor vehicle accident initiator insurance in OSAGO. It is clear that the appeal to the insurance company after the accident should occur no later than 5 days after the accident, but the period of consideration and decision is completely different than before.
Now, insurance companies must make a decision much faster, namely, instead of 30 days, the period has been reduced by 10 days and is 20. Not taking into account the deadline for submitting an application, IC has a full 20 days to announce the decision. If the deadline is missed, the company pays the victim a fine in the amount of 1% of the amount of compensation.
Changes to driver terms
If you are the culprit, then it is known whose insurance to apply for in an accident. The same goes for victims. In any case, each participant in the process has their own company, which they applied to for civil liability insurance. But then, in what time period it is necessary to apply to the insurance company during an accident is solved for everyone equally.
If earlier an application for damages in road accidents was filed within 15 days, now for drivers this period has become less. The deadline for submitting documents to CTP insurance was reduced by 10 days, as well as for insurers and now only 5 days are available to submit the necessary application.
Statute of limitations
It is clear that the traffic police who visited the scene of a car accident at the same time draw up all the necessary documents, including a protocol and a possible deprivation of the driver’s license.
But the submission of the application, as well as the examination after the accident and the diagnostic card must be completed on time. If during the time allotted for their provision, the victim provided everything that is needed, but the Investigative Committee did not respond to this, then it is possible to sue.
Now you know how long it is necessary to report the accident to the victim and when the IC must provide an answer. Naturally, the change affected both sides, but the victim has some advantage, which is called the statute of limitations.
The statute of limitations of 3 years is relevant for persons in respect of whom non-illegal actions were applied. That is, there was an unreasonable refusal to pay, the amount was insufficient or the terms of repair and payments were delayed. So, if you feel that you are violating your rights, then be sure to contact the UK in case of an accident and only then to the court.
What will happen if the circulation period is missed?
Undoubtedly, there is a situation when the guilty insurer or the injured simply did not have enough time prescribed by law to provide a request for compensation for damage. Of course, for each day of delay (as in the case of the UK) no one will charge you a fine, but it’s quite possible to stay without compensation.
You already know whether the culprit can get insurance in case of an accident for compulsory motor third-party liability insurance or not, but this does not in any way affect the fact that he, just like the victim, must inform his company about what happened. That is, under compulsory motor liability insurance, an appeal to your insurance company is mandatory for all participants in a car accident and you need to do this in five days.
If the deadlines for contacting the insurance company are missed, the culprit will receive a demand, and the victim will be denied payment and, as a result, litigation. So it is better to contact the UK after the accident immediately, or even on the same day.
The application was submitted, but the documents were submitted later
If the violation of the deadline for submitting an application for compensation for damage to the victim in an accident threatens with a refusal of compensation, then what if the application was filed, but the remaining documents were forgotten. Usually, knowing where to go after the accident to the victim, namely to their own or “alien” IC, the period for collecting documents begins.
Naturally, the first thing that is provided is a statement of payment and a notification of the accident. But collecting the remaining documents may take longer, especially when fines are recorded in the traffic police or criminal proceedings are ongoing. With a lengthy review of the case, the deadline for submitting the remaining certificates to the IC may be pretty long.
Of course, on the part of the UK, actions in case of missing the deadline for providing the remaining certificates to victims for a good reason will be quite loyal. If the grounds for applying to the insurance in case of an accident after a five-day period and also the late provision of documents is unfounded, then we can prepare for the refusal to pay or repair.
Who has the right to rely on the issuance of insurance compensation
So, answering the question, if I am the culprit of the MTPL insurance payments owed to me or not, we answered earlier. But sometimes payments to the culprit of the accident under OSAGO are possible, but only if the accident was recognized as mutual, both drivers are equally guilty.
In other cases, if there was no refusal to consider the application, then in case of an accident insurance is paid to the following physically injured:
- Regardless of the driver who was driving, the owner of the car receives a refund;
- A person with a power of attorney to receive compensation from the owner of the vehicle;
- Persons close to the driver who died in an accident.
Remember that from the end of April last year, CTP insurance is paid only in kind, by sending it for repair to the service station. Cases of receipt of funds apply only to persons affected physically with the property.
The procedure for compiling an application for insurance payment
Surely you know that the design of a policy such as CASCO and CTP requires a certain sequence, as well as special documents. But when contacting an accident in compulsory motor third-party liability insurance with your insurer or accident initiator, the application is submitted in an arbitrary format.
Despite the fact that the procedure for applying to the insurance is known, and the terms are known, there is no single application form. Remember that OSAGO is not provided for the culprit of an accident, especially if the life and health of people who are not guilty of the accident are harmed.
In other cases, when applying for reimbursement, it must contain the following data:
- The heading indicates the name of the head of the UK, as well as the applicant;
- The applicant, in addition to the name, indicates contact (address, telephone) and personal (passport) information;
- Then the details of the car accident that happened are described with the application as a duplicate of the protocol;
- The following is the amount of compensation that the victim wishes to receive;
- Bank details for transferring reimbursement are required;
- At the end, everything is certified by a signature and a date.
Documents for receiving insurance payments
Each insurance company pays a reimbursement or sends it for repair under compulsory motor third-party liability insurance in case of an accident in 2020, only if a complete list of documents has been provided. If you have submitted everything on time and in the right amount, and the insurance company does not make payments, then for each day of delay 1 percent of the sum insured is paid by the insurance company to the victim.
So, the main list is as follows:
- Filled on the model of the UK or the above statement;
- A notice of the accident drawn up jointly with the initiator of the accident or independently;
- Original and copy of the vehicle passport;
- Traffic police certificates for CASCO and compulsory motor liability insurance in the form of a certificate in form 748 and a protocol on an administrative offense;
- A document confirming the right to own a car (STS) of the policy holder;
- Driving license in case of accident according to traffic rules of the driver who is at the time of the accident driving the vehicle.
If this list is provided, then within 5 days your car must be submitted to the UK for a professional examination. If you are not satisfied with the work of SK experts, then you can order an independent assessment at your own expense.
How much insurance company pays in an accident in 2020
It is known that the law on compulsory motor liability insurance in 2017 was amended. At the expense of them, after the insurance company is notified of the accident for compulsory motor third-party liability insurance, your insurance should be paid. Compensation is manifested in the direct repair of the vehicle of the victim.
He will pay for the work of the workshop to eliminate damage that was received as a result of an accident. But remember that in case of an accident, contact the insurance culprit should only be in case of damage to your health and life.
Despite the fact that the rules for providing compensation have changed, the maximum amount of compensation has remained the same, namely 400,000 rubles to cover property damage and 500,000 rubles for damage caused to health and life.
What to do if the insurance company delays the terms for insurance payments
So, we examined the questions about how much you can apply for accident insurance in time for accident insurance in the accident culprit. Naturally, the insurance contract provides for compensation for harm caused to the victim and his property, and this should be done within twenty days.
If you are not satisfied with the amount claimed for the amount of damage or if the company has forgotten about you, you must send a claim letter.
We hope you correctly understood where to apply to your accident or the culprit in an accident insurance, but this does not affect the terms of consideration of your application and the announcement of the decision. If after 5 days after the complaint, the UK does not come to your senses, go to court with a lawsuit and it does not matter if it is your company or the initiator of the accident.
Traffic accidents are an integral part of the driving process, even the most accurate drivers can become participants in the accident through no fault of their own. In order to protect yourself and count on compensation for damage, you should know the term of applying to the insurance for compulsory motor liability insurance after a collision or other unpleasant event in 2018.
The legal field related to compulsory motor third party liability insurance has been changing extremely dynamically over the past few years. Innovations have occurred over the past year. So, the term of contacting the insurance company under OSAGO in 2018 is 5 days, and not 15, as before. It is not worth delaying the submission of documents, but it is best to inform the insurer immediately, as the state of emergency occurred, so that the term for applying to the insurance does not expire.
Another change in the scope of insurance compensation is the elimination of the need to notify the insurer of the second party by the time they apply to the insurance company under OSAGO 2018. Recall that earlier, to guarantee the receipt of money for the restoration of the car, it was necessary to call not only the customer insurance service, but also the company of the second person involved in the accident. Now all the efforts to raise funds for repair work are assigned to the agency from which the insurance policy was purchased.
Insurance application review time
It should be noted that not only the terms for compulsory motor third-party liability insurance after car accidents have changed, but also the time frame for considering directed appeals. Until 2018, employees of the insurance agency had 30 calendar days to figure out the nuances of the road history and decide to what extent the damage would be repaid and whether finances in general would be issued. Now the term for applying to the insurance after an accident in 2018 has been reduced, and the time for consideration has been reduced - 20 days according to the calendar.
When the deadlines for compulsory motor third-party liability insurance after an accident and the application is considered, the funds must be paid immediately. That is, the driver must receive funding no later than the twentieth day after an accident on the road. If the period for receiving payments is extended, the citizen has every right to claim additional payments in the form of fines charged by the insurance company.
This year, the amount of interest increased and amounts to 1 percent of the amount of money needed to recover. Recall that previously the penalty for unjustified delay was only 0.11%.
As you can see, the law has changed for the better for car owners, and despite the fact that the term for applying for insurance after an accident in 2018 was reduced from 15 to 5 days, the whole procedure has become much more mobile. Now the company has the right to take the trouble on determining the place where the machine will be corrected, as well as transport the vehicle there. This allows the owner of the car to completely distract from the hardships associated with the accident, and at the end to pick up the updated and serviceable car.
Deadline for submitting a decision in 2018
Insurers must report the results of the investigation within 20 days. Failing to provide written documents confirming the refusal to allocate financing for repairs, the organization will be forced to pay the client compensation for waiting in the amount of 0.5% of the amount of the expected payment for each day in excess of the norm. Such a tightening of the law motivates insurance institutions to better and more efficiently carry out work paid from the wallet of the ordinary population.
It is not recommended to contact the judicial authorities as soon as the statute of limitations for considering an application for payment of finance has expired, because changes in the legislation also affected this area. Now binding is an attempt to peacefully resolve the issue of compensation for excessive waiting. The consumer is obliged to independently try to receive funds from the company. To do this, you need:
- send a written request with a request to compensate for the expectation of more than expected at the address of the insurance service;
- register the date of the written notification;
- wait 5 days for the company to respond to this type of paper.
Only after the expiration of a five-day period does it make sense to contact state bodies. Without trying to resolve the conflict before the trial, the citizen will be denied the consideration of the claim.
Time frame for filing court appeals
The law that changed the term for applying to the insurance after an accident in 2018 does not affect the scope of litigation. Nevertheless, the Civil Code of the Russian Federation contains clear instructions regarding compulsory insurance of a citizen’s automobile liability.
The car owner must submit no later than 36 months after the fact of violation. In this situation, failure to comply with the obligations of insurers is considered to be untimely notification of non-payment of payments or untimely transfer of financing.
Three years is a sufficiently large period of time to draw up a complaint, but it is not recommended to delay the collection of documents if it is decided to go to court. Representatives of the authorities have the right to refuse to consider the case on the basis that the reaction to the violations was not received promptly.
Conclusion
In general, it should be concluded that the period for applying for compulsory motor third-party liability insurance to an insurance company in 2018 was significantly reduced compared to previous years and now amounts to 5 calendar days. Previously, documents with information about the accident should be submitted within a 15-day period. The application review period for the insurance service has also decreased - from a month to 20 days according to the calendar. The changes also affected penalties for insurers - now they are required to pay 1% of the amount of financing for the damage caused for each day of deferred payment, and 0.5% for an extra day in case of untimely response to the application.
MTPL is an obligatory type of insurance for all car owners, which guarantees compensation for damage to the injured party. Unlike Casco, a voluntary type of car insurance that covers the costs associated with the restoration of a personal vehicle, OSAGO insures the driver’s liability to third parties and only the injured person will receive a compensation payment when it occurs.
All aspects relating to compulsory motor third-party liability insurance after an accident are prescribed in the legislation, namely in the Federal Law “On Compulsory Third Party Liability Insurance of Vehicle Owners”, as amended on April 28, 2017.
What documents are required to contact the insurance company?
After contacting the insurance company, it is required to deliver the injured vehicle for assessment, which is carried out within 5 days from the date of application.
Pre-trial settlement: how many days after the application is received will payments be received?
From the moment of filing, the insurance company is obliged to calculate the compensation amount and pay it to the victim’s bank account no later than 20 calendar days (excluding holidays).
If payment is not made on time, the insurer pays the victim a penalty for each day of delay. If the victim is not satisfied with the size of the compensation payment or the insurance company refuses to pay compensation at all, he has the right to draw up a pre-trial claim, the consideration period of which is 5 days, after which he can go to court legally.
The Russian system of compulsory insurance for compulsory motor third-party liability insurance, having passed a very difficult ten-year path, underwent a real state reform in 2014-2015. It was during this period of time that many key provisions in force in the domestic insurance market were significantly changed. Among the most significant are the emergence of a unified information base of the Russian Union of Auto Insurers AIS RSA, an increase in insurance compensation and adjustment of terms for compulsory motor liability insurance. Consider the last issue of interest to a significant number of Russian motorists in more detail.
Changes to the terms for the insurer
Perhaps the amendments to the Law "On CTP" can be safely called positive in relation to the interests of most car owners. Now, when all signs of the occurrence of the insured event are established, the injured party will be offered two options for compensation for damage:
- Transfer of the corresponding sum of money to the account of the victim.
- Repair of a damaged vehicle (TS) in a car service at the expense of an insurance company.
The selection of an appropriate compensation option should be made by victims of a traffic accident on a voluntary basis.
In accordance with the adopted legislative amendments, the period of consideration by the insurance company of a participant in a road accident has been significantly reduced. Unlike the previous period of 30 calendar days, the new application review period the victim is now only 20 days excluding holidays. It is clear that the implementation by the insurer of the changes established by law directly depends on the observance by the driver of the appropriate terms for compulsory motor liability insurance.
To financially stimulate insurance companies to resolve issues in a timely manner, penalties were increased. At present, the penalty for each day of delay in payment is exactly one percent of the total cost of damage, and not 0.11 as before. In the event of a delayed reasoned refusal after 20 days, the insurer will be subjected to economic repression, and the penalty will be half a percent for each day of delay. Such financial impact measures are designed to further motivate domestic insurance companies to conscientiously and timely fulfill their contractual obligations.
Changes in the terms of the CTP for owners of the vehicle
Together with the provisions that take into account the interests of vehicle owners, changes to the terms of compulsory motor third-party liability insurance have also been introduced.
If earlier the period of the application was 15 days, now it is legally approved and is currently valid for 5 days.
At the same time, for a direct settlement of the issue of monetary compensation, the victim in an accident should contact his insurance company. The extra link in the form of an insurer of the party responsible for the accident is gradually being excluded from existing legal practice.
Terms of pre-trial settlement
An effective measure to eliminate from the process lovers of litigation in the courts was the mandatory application of the principle of pre-trial settlement. To solve the problem of monetary compensation or other issues as soon as possible, now it is no longer necessary to apply to the federal court with a statement of claim.
At the initial stage, in the event of a certain tension and misunderstanding in relations with the insurer, it is proposed to solve the problem by the design method claims. This document must be properly prepared and with the necessary papers attached immediately sent to the insurance company, preferably by registered mail.
Only 5 days are allotted to the insurer under the law to understand the essence of the claim, make an appropriate decision and send an official response to the insurer.
The term of contacting the insurance company under OSAGO is 5 days
After the due time, taking into account the time to deliver the response to the victim, without wasting time, you can completely write a statement of claim and prepare for the trial. Subject to the appropriate time limits for compulsory motor third-party liability insurance, the implementation of the necessary pre-trial settlement procedure in the form of a claim and a postal receipt in hand, they will not be able to refuse to accept a statement of claim.
Statute of limitations
The articles of the Law "On Compulsory Motor Liability Insurance" do not contain any specific information on the statute of limitations of controversial insurance cases when applying to the federal court. Therefore, the corresponding article of the Civil Code has found universal application in domestic judicial practice.
At the same time, it is worth noting that cases of untimely appeal for good reason to an insurance company for monetary compensation for damage are not so rare. As, for example, cases of serious injuries in road accidents requiring long-term treatment in a hospital ward and long-term rehabilitation. In such cases, the injured person may indeed miss all the deadlines established by law. Still, such drivers receive insurance compensation, but at the lowest possible rate. As a result, there remains only the option of proceedings in the courts.
According to the current standard, which applies to articles of the law on compulsory insurance, the limitation period for such cases is 3 years.
This figure must be remembered in case of non-observance of the terms of appeal for compulsory motor liability insurance. Interestingly, the statute of limitations begins with the moment the victim receives information about failure of the insurance company to pay monetary compensation, or in the case of an understated cost of damage.
All the above time periods will be valid in the coming year 2016, and their strict observance will be able to save the car owner from moral and material losses. Everything needs to be done in a timely manner to eliminate unnecessary chores and disappointments.
Video: How to properly draw up documents for traffic accidents and get insurance coverage