We explain in what time frame after an accident the driver must contact the insurance company to receive a payment for OSAGO. We consider various cases, analyze the nuances.
Not all drivers know in what time frame after an accident they need to contact the insurance company to receive payments for OSAGO. Moreover, there are some important nuances in this issue. Let’s consider what and when to do the participant of the accident in different cases.
In the Russian Federation, there are two ways to record an accident: the Europrotocol, when participants draw up an accident on their own, and registration with the help of traffic police officers. Of course, the victim is entitled to the payment under the MTPL, regardless of how the incident is formalized.
Regardless of the method of registration and the presence of disagreements among the drivers in determining the culprit, it is recommended to take photographs of the collided cars, road signs and road markings, as well as write down the phone numbers of two or three witnesses of the accident (if any).
Obviously, this method is faster, since you do not have to wait for the arrival of the traffic police. You need to fill out the notification form for the insurance company yourself. The form is usually attached to the insurance policy. If the OSAGO is issued via the Internet or the form for some reason was not issued, then it is easy to find it on the network.
But such a design is allowed only if certain conditions are met:
If at least one of the conditions is not met, it is necessary to call and wait for the traffic police.
The law on compulsory motor third party liability insurance establishes a special system for determining the maximum amount of payment to the victim when applying for «euros». It depends on the following factors.
Using a dedicated mobile application in addition to filling out a paper notice. Such applications exist on Android and iOS, they allow you to record the time and coordinates of an accident, immediately attach photos of the incident.
Is there any disagreement among the participants in determining the culprit of the accident.
The maximum amounts of compensation in each of the cases are clearly presented in the table:
It should be noted that in practice, in the presence of disagreements, long and complex proceedings and litigation often arise. If none of the drivers admits his guilt, then it is safer to register the accident in the old fashioned way — with the help of the traffic police. This does not exclude further disputes, but, as a rule, simplifies them somewhat.
If it was decided to resort to the help of the traffic police, then it is worth keeping in mind the following: if the driver has a DVR, you should notify the inspector about this right at registration and make sure that the corresponding entry is made in the protocol.
When formalized in this way, the maximum amount of payment for OSAGO to each participant in an accident is 400,000 rubles for compensation for material damage and 500,000 for compensation for harm to health or life.
Consider how long after an accident the injured driver can apply to his insurance company for damages.
Article 11.1. The Law «On OSAGO» directly establishes the period within which the policyholder must notify the insurer of an accident in order to receive payments for OSAGO. This period is equal to five working days. If this deadline is missed, the insurance company will be able to legally refuse to pay.
The notice indicates whether there is any disagreement over the determination of the culprit of the accident. If they are not there, then the victim immediately, together with a notification, submits an insurance claim for damages.
A driver who admits his guilt in an accident is also obliged by law to notify his insurance company about the accident within five working days. However, since May 2019, the failure to fulfill this obligation has absolutely no consequences for the insured or for the most guilty driver. The insurance company will not be able to refuse payment to the victim on such a basis and will not be able to file a recourse claim against the culprit.
Some insurance company notice forms indicate that notice is to be given within 15 days. This is not true. Such disinformation has no legal force. This is confirmed by the existing judicial practice: when making a decision, judges are guided by the current legislation, which sets a deadline for submission of 5 working days.
The situation is somewhat different in the case of registration «the old fashioned way». In this case, the law obliges to notify the insurance company about the accident «as soon as possible», but the deadline itself does not directly establish.
The deadline for submitting an application for payment is also not directly regulated. In this case, the general limitation period established by the Civil Code applies. It is three years old. However, in practice, filing an application should not be so delayed. The more time passes, the more likely something will go wrong. In order to avoid misunderstandings, it is recommended to contact the insurance company as soon as possible.
To receive compensation, you need to provide the insurer with certain documents.
If the accident was registered according to the European protocol, the list will be as follows:
If traffic police officers went to the scene of the accident, copies of the protocol and resolution on an administrative offense will be added to this list, or a determination on refusal to initiate a case on an offense. Note that these documents do not have any expiration date — they are valid indefinitely.
After receiving all the documents required for payment, the insurance company can send the car for inspection and examination, or pay compensation without inspection. The insurance company must inform the policyholder about the need for an examination (examination) within 5 working days. The same amount — 5 days — is for the policyholder himself to fulfill this requirement.
After that, the insurer is given 20 working days to either make a payment, or send the car for repair to a service, or send a justified refusal to compensate.
If the policyholder does not agree with the amount paid or with the refusal to pay, he should go to court. In addition, the policyholder has the right to receive a penalty for each day of delay in payment.
So, if the accident was registered according to the European protocol, then the driver has 5 days to submit a notification to the insurance company. You cannot skip this period, otherwise the insurer will receive a reason to refuse payment.
In case of registration of an accident by traffic police officers, this period is theoretically as much as 3 years. However, it is categorically not recommended to delay so much with an appeal to the insurance company. The more time passes after the accident, the more questions may arise. And along with them and problems in the examination of damage.
Photos are taken from open sources.