Quickly get paid as a result of the accident - a burning desire motorist.But not all insurers of damages.Sometimes you have to go to court.More details about what might be paying for insurance in case of accident, read on.
concepts
CTP policies insured damage which caused the driver of the vehicle life, health or property of other persons.That is, for the inconvenience caused, in theory, should pay the insurance company (IC).In the case of "oboyudki" when both drivers are guilty, the size of payments for insurance in case of accident depends on who is more to blame for the accident and who suffered less damage.Most often, these issues are dealt with through the courts.
legislation
On September 1, 2014 the maximum payment for insurance in case of accident, decorated evroprotokol (without traffic police), increased to 400 thousand. Rub.Maximum compensation for worn parts is 50%.Seek compensation to the victims can only be in its IC.In a decision released 20 working days from receipt of the application.Another five have customer for re-treatment if he is dissatisfied with the previous result.
On 01.01.2014 the Bank of Russia has allowed vehicle owners to register for evroprotokol accident, even if the person has a hull or DSAGO.This IC does not have the right to request additional documents from the client.The deadline for payment may not exceed the amount specified by the contract.For violation of this rule, companies will have to pay a penalty fee of 1% of the amount.
On 1 October 2014 the maximum payment for insurance in case of accident for damage to the vehicle is increased to 400 thousand. Rub.Wear limit is reduced to 50%.However, for such compensation to the client will need to provide an additional photo or video, which is carried out by technical means, devices or other GLONASS navigation systems.
refusal to pay
legislation compensation is not provided if:
- Behind the wheel was a person not specified in the policy.
- injuries were caused dangerous goods.
- compensation for moral damages are not available avtograzhdanki policy in general.
- damage resulting from the implementation of the sports or training activities, if the perpetrator was in a specially equipped site.
- The amount of payment exceeds the limit.
In addition, there are cases where the damage in case of accident (CTP) carried out, but the insurance is entitled to demand the regression:
- If the damage was caused by an uninsured person.
- If the driver was not right.
- During the time when the accident occurred, the insurance contract does not act.
- If the culprit fled the scene of an accident.
- driver was in a state of alcohol, toxic or narcotic intoxication.
damage exceeds the limit of liability
Despite the changes in the legislation existing on the date of payment for insurance in case of accident will not be able to compensate for the repair of expensive cars.Even if the owners of the "cool" cars will receive payment on CASCO insurance company still nominate regression requirement culprit.Further events may develop in such scenarios.
1. The culprit can always dispute the amount claimed by the plaintiff, require further examination.In most cases the court takes a new calculation.But it is not always possible to "knock off" of up to 400 thousand. Rub.- Limit, which is covered by the insurance company.But if the victim was a car under warranty, the challenge will be the amount of damage is extremely difficult.
2. Sometimes you need to go to the settlement agreement.For example, if the amount of damage exceeds 400 thousand. Rub., The culprit admitted his mistake, ready to compensate for the damage, but not immediately, but in parts.Going to court will only increase the costs of the plaintiff, but the other result will bring.
3. If the victim is one and two of the perpetrators, the victim may be calculated on the double amount of the compensation, as legal restrictions are evenly distributed for each policy.
Voluntary insurance
If the amount of insurance payments will not cover all the expenses of the injured party, can be issued a policy DSAGO.Its price - about 1 thousand. Rub.He spreads the sums which are not compensated by the usual avtograzhdanki.The coating can be up to 1 million rubles.
Payments on CTP culprit accident
There are situations where the same driver is also the initiator of the accident and the victims.For example, if an accident involving several cars.Then the insurance is obliged to compensate for damage caused to another person, and the one that got the driver.
But if the company decides to fight for their money (and it occurs in 90% of cases), then the question will be resolved through the courts.If the investigation will be revealed two of the offense, the driver will be paid only as a victim.During an accident in which he was guilty, compensation will not.But if the court will consider the case as one accident, then the money will be paid by the standard insurance scheme.
Payment of the amount - another controversial issue.In practice, there are occasions when the culprit yourself paying damages to the victim, and then collected the documents (accident scheme, a certificate from the traffic police, the results of the examination with the assessment of damages) and applied to the IC.The law does not provide compensation for payments already perfect.Therefore, in such cases should always be refused.Voluntary compensation of damage - personal initiative of the culprit.
Accident: what to do?
To begin, try to calm down, including "emergency gang", stop the engine and get out of the car.If there are injured, call the "fast", call the traffic police and insurance.Try to find witnesses to the accident to take their contact details and evidence.
In no case do not move cars before the arrival of traffic police officer.Take pictures of the accident site on the phone with at least four different angles (a few pictures).Try to get the shot hit road markings and signs.While
expect complete your inquiry about the incident and a statement about the accident by insurance.Term of circulation of the crash are governed by the contract.Just as the form of the notice (in writing, by telephone, fax, and so on. D.).
Upon arrival, traffic police officers are actively uchuvstvuyte all explanations.Describe in detail how the accident occurred.Make sure that the circuit scene was drawn up correctly.If the culprit - you, try to provide some mitigating circumstances: the poor state of roads, broken traffic lights, no markup, reduced visibility.And be sure to specify that the accident did not happen intentionally.Do not refuse medical examination to determine the influence of alcohol.
sign the protocol only if you agree with all the circumstances set forth therein.
documents to the insurance company
- statement of the accident;
- certificate from the traffic police;
- insurance contract;
- certificate of registration of the vehicle;
- driver's license;
- passport of the insured;
- help INN assignment;
- power of attorney if the wheel was not the owner of the car.
What payment of insurance will be made, will be determined on the examination.Therefore, to obtain a refund from the UK to repair the vehicle at their own expense is not recommended.Under the legislation, the company has 20 days to make a decision.In addition to monetary compensation, it is also possible to pay services SRT to restore the car.Upon receipt of the direction to repair the client confirms the possibility of increase in terms of the commitments the company.
If the insured does not agree with the selected amount of compensation and quality of repair, he can challenge the decision.To do this as soon as possible to carry out an independent examination (it is desirable that it was present on the perpetrator of the accident), obtain the opinion and submit it to the company with the new statement.If in this case the SC refuses to compensate for the repair of the vehicle, you need to go to court.
Conclusion
All car owners must necessarily be a policy of liability insurance, which compensates for material or physical damage caused to a third party driver.From September 2014 to take effect legislative changes for which payments under accident insurance increased to 400 thousand. Rub.regardless of the number of participants of the accident.Terms of the contract documents are regulated.Like the notification form: in writing, by telephone, and so the fact. D. On a decision from the UK have 20 days.All matters and disputes are resolved by yourself first, and then through the courts.
