In recent years, the OSAGO insurance system has changed significantly. In particular, a single SAR information base appeared, and insurance claims payments increased. However, in order to receive compensation for car repairs, in addition to the correct actions in case of accidents and the preparation of relevant documents, it is necessary to know the terms of contacting the insurance company after an accident and follow them. We will study them in more detail, as well as changes in legislation related to them.
Changes in the law
Contributed to Law "On CTP" changes could not but interest car owners. Indeed, everyone must pay compulsory insurance. In this regard, I would like to receive a more tangible payment of compensation.
According to changes in the law, compensation can be obtained in two ways:
- transfer payments to the account of the victim;
- as a car repair due to SK.
But, in addition to this, car owners could not but rejoice that the time for consideration of the application submitted to the insurance company by the injured party was reduced from thirty to twenty calendar days. This is a significant innovation, since it is known that prior to the written permission of the insurance company, a participant in an accident who is counting on payment is not allowed to proceed with car repairs. Otherwise, it can be lost. This norm entailed the fact that the terms of contacting the insurance company after an accident became different.
To stimulate the UK not to violate the deadlines, increased the amount of penalties. For each delayed day, today it is supposed to pay a penalty, the amount of which is 1% of the cost of damage. Previously, it was only 0.11%.
If the refusal of the company is reasoned, but comes after twenty days, the penalties for each day will be 0.5%. The legislation aimed to increase the integrity and efficiency of the timely work of the UK.
MTPL Dates
So, together with a decrease in the time for consideration of the case, the terms for applying to the insurance after an accident for drivers were also reduced. Previously, it was possible to file an application within fifteen days after the accident. However, other terms are currently in effect - five days.
The injured party must contact their IC directly. As practice shows, the insurer of the guilty party is not involved in the case.
CASCO terms
Unlike CTP, CASCO is voluntary insurance. And so the question of how much time is given to apply to the insurance after an accident is determined by the IC themselves. In this case, you must carefully read the contract. It should contain all the information on the timing.
Terms of settlement before the court
In addition to court proceedings, there is a principle of pre-trial settlement. Thanks to this, in some cases it is possible to resolve the issue faster without filing a lawsuit.
In case of disputes and failure to reach mutual agreement, you can first try the method of filing a claim. This document must be compiled in a strictly defined way and sent to the insurance company with all the necessary attachments. It is best in this case to send it by registered mail.
Official response to claim from SK should be received within 5 days. At this time, the injured party can calmly draw up a statement of claim and prepare for trial. If the deadlines for contacting the insurance company after the accident were met, then, armed with a receipt for payment of postal items, claims to the UK, after five days, you can safely file a lawsuit.The judicial authorities will not be able to refuse you his admission.
Total statute of limitations
Having read the law “On Mandatory liability insurance vehicle owners ”, you will not find information on the statute of limitations in controversial insurance cases for appeal to the court. Therefore, this issue should be guided by the article of the Civil Code.
It often happens that the injured party draws up a later appeal to the insurance company after an accident. The terms in this case will not be considered violated when the participant in an accident, for example, received serious injuries, followed by a lengthy rehabilitation. There may be other good reasons. Insurance companies, although they will pay insurance, but at the lowest possible rate, which, of course, can be challenged in court.
According to the general statute of limitations, it is three years. The rules apply to the OSAGO law. The injured party should keep this in mind if it failed to file a compulsory motor third-party liability insurance in five days. The period is calculated from the moment when the insurance company refused to pay or the cost of damage was underestimated, and not from the occurrence of an accident.
Below is a sample application to an insurance company in an accident. Thus, you must draw up a document in order to apply for payment.
Conclusion
In the article, we examined what terms of contacting the insurance company after an accident exist under compulsory motor third-party liability insurance and hull insurance. If you adhere to them according to law and contract, then (in the absence of other negative factors) insurance payment will be provided to you. However, if, for legitimate reasons, the time for submitting the application was missed, this does not mean that insurance cannot be obtained. The circumstances should first be introduced to your insurance company. And in case of refusal to pay, the injured party has the right to challenge this decision in court.
