I got into an accident ... What should I do? This is the first question that arises in the head of an accident participant. Most of the people involved in this incident are simply lost and do not know what to do and what documents to fill out. This material will help you gain the necessary knowledge and receive significant insurance benefits in case of an accident.
What is CTP?
Some car owners still perceive the design of the policy as another requisite, confuse it with hull insurance, believing that they insure their car. What is OSAGO? Motor third party liability insurance protects the property interests of its owner in the event of an accident.
If you became the culprit of the accident, then the insurance company with which the contract is concluded will compensate the damage you caused. If you are the injured party, then you need to contact the culprit insurance company. This can be done both independently and with the help of a representative of your insurer. It is very important to follow the procedure for compulsory motor third-party liability insurance in case of an accident.
Payout Limits
There is a maximum limit to the amount of insurance payment. For policies received before 09/30/2014, the following restrictions apply:
- Compensation for harm caused to the life and health of each victim - not more than 160,000 rubles;
- Compensation for damage caused to the property of several victims - not more than 160,000 rubles;
- Compensation for damage caused to the property of one victim - not more than 120,000 rubles.
Due to changes in legislation, the limits for payments under contracts concluded since 10/01/2014 have been increased. Now, each victim can expect to pay 400,000 rubles for damage to property and 500,000 rubles for damage to life and health. The number of victims does not matter. The leader in the number of payments is Rosgosstrakh CTP. This insurer considers accidents as soon as possible and pays regularly.
The first actions in an accident
If you have an accident, then you do not need to panic. It is necessary to soberly assess the situation and act clearly according to the instructions. The procedure for compulsory motor third-party liability insurance in case of an accident can be found in the Rules of the Road (paragraph 2.5).
- Stop the car, turn on the emergency gang, turn off the engine and set the warning triangle. Wear a reflective vest at night. This must be done in order not to provoke another accident.
- If there are victims, give them first aid and call an ambulance.
- Report the incident to the traffic police. You can call employees from a landline phone or street payphone by number 02, and from a mobile phone, you can call general number 112. The police number is different for different mobile operators (020, 002, 902).
- Report the accident to your insurer at the number indicated on the policy. (Please note this item is far from the last one on the list. It is better to call the insurance company as soon as possible.)
- Do not move cars and items related to the accident until employees arrive. Inspect the vehicle, record details and contacts of possible witnesses.
- If possible, it is better to fix the circumstances of the accident with the help of photo and video shooting.
Photos from the scene should be as detailed as possible.
- Overall plan. Damaged cars and carriageways should be visible. From this photo it is easy to determine what kind of place it is - a parking lot, a courtyard of a residential building or a busy street.
- Take a picture of the condition of the road surface, traces of braking, flying fragments of parts and glass fragments.
- Fix the condition of the vehicles using common photos in the front, back, and sides. The rooms should be clearly visible.
- Close up all damage.
Registration of accident on compulsory motor liability insurance
Car enthusiasts in an unpleasant situation have 3 options for possible action:
- call the traffic police and wait for them at the scene of the accident;
- report the incident by phone and, with the consent of the staff, draw up documents yourself, and after that go to the department;
- to draw up a euro protocol.
In the event of a collision of three or more vehicles, disputes about the guilt of the accident, the nature of the damage, the refusal of one of the drivers to sign a traffic accident notice or a preliminary damage assessment of more than 50,000 rubles, it is necessary to call the traffic police officer.
Documents on road accidents can be issued at a stationary traffic police post during the day if any reasons interfere with the preparation of papers at the scene.
Europrotocol design is possible while observing several conditions:
- Only 2 cars participated in the accident, only vehicles were injured (that is, people were not injured).
- Both drivers have valid OSAGO agreements.
- The circumstances of the accident and the nature of the damage do not cause disagreement among drivers.
Thus, the procedure for compulsory motor third-party liability insurance in case of an accident depends on the severity of the accident and the consent of the participants in determining the culprit.
In the presence of police officers
Depending on the nature of the accident, the traffic police fill out a different set of documents.
If as a result of an accident personal injury was caused:
- an inspection protocol and a scene diagram are drawn up;
- a decision is made to institute administrative proceedings;
- explanations are collected from the participants in the accident;
- accident and accident certificates are issued to participants and victims.
If as a result of an accident only property is damaged:
- the scheme of the scene is drawn up;
- explanations are collected from the participants in the accident;
- accident and accident certificates are issued to participants and victims;
If administrative responsibility is not established, then a refusal to initiate proceedings is issued; if liability is established, a protocol on administrative violation is drawn up.
Protocol Design
After a traffic police officer draws up a protocol and a diagram of the accident, drivers should carefully read them and sign them, if necessary, make their comments. What to look for when reading a protocol and scheme?
- The correctness of filling in your data, the essence of the violation, information about the participants and witnesses.
- Check the list of all damage to vehicles.
- The protocol should not contain missing lines; do not sign an empty or incomplete document.
- The accident scheme should fully reflect the real state of things, road markings, signs, traffic lights and everything that matters in this case.
Various factors can influence the decision on the guilt of an incident, which should be reflected in the documents. It can be:
- Improper technical condition of the culprit’s car - lack of mirrors, idle turn signals, headlights (in the dark), etc.
- The condition of the road surface is large pits, potholes, dirt, ice. These factors can help shift some of the blame on road services.
- Road equipment - incorrect marking, traffic signs that are not visible from the roadway or contradict each other, faulty traffic lights will allow sharing the blame with the traffic inspectorate and the service.
- The place of the accident and weather conditions, poor visibility, road gradient, etc.
- Description of the stopping distance.
- Failure of one of the drivers to pass medical examination signs of intoxication.
If there are victims in the accident, and the inspector did not offer to undergo an alcohol test, you should do it yourself.
Europrotocol
Form traffic accident notices filled in by all participants in the accident, the circumstances of the accident and the nature of the damage are certified by their signatures. The amount of insurance payment under the Euro Protocol may not exceed 50,000 rubles. Victim cannot demand from insurer damages more than this amount, but may make such claims against the perpetrator in a judicial proceeding.
OSAGO insurance implies that the insurance company has the right to appoint an independent examination of the affected vehicles if it finds inconsistencies in the description of the circumstances of the damage and the characteristics of the damage in the accident report.
In this case, vehicles cannot be repaired until a decision on payment is made.
Traffic Accident Notice
In order to exclude disputes and confirm agreement on the circumstances of the accident, the front side of the traffic accident notice is filled out jointly by the drivers. If there are more than two participants, then the notice is filled in by the drivers of the nearest vehicles. If co-completion is not possible for any reason, they must be indicated in the document. Filling out the document by third parties (for example, due to the health status of one of the drivers) is not allowed.
In the absence of disagreement, the joint notification of two drivers is allowed. The insurance company must be notified. If there is any disagreement, each driver fills out a separate form.
The notice must indicate the presence of victims, if possible - information about them.
On the front side of the document indicates the date, time, place of the accident, information about its participants, insurers, a list of visible damage and other information. The reverse side is for additional information.
The insurance payment may depend on the correctness of filling out this document, so it must be carefully checked. Please note whether the other driver filled out his data correctly, whether he indicated the full number of the insurance policy, and whether he put crosses everywhere.
Indicate all visible vehicle damage. If this is not done, then it will be impossible to receive payment for the missed items.
Submission of documents to the insurance company
Within 15 working days, the injured party must provide the insurer of the culprit with all the necessary documents.
Documents in case of an accident (CTP):
- application for insurance payment;
- completed notice of an accident;
- protocol, decision on refusal in the case of an administrative incident, decision-receipt;
- certificate of accident;
- passport and vehicle registration certificate;
- driver's license;
- copy of power of attorney for vehicle management;
- vehicle assessment report (if produced independently);
- payment documents on evacuation from the scene of an accident and storage of vehicles (if any);
- bank account details.
Compensation for compulsory motor third-party liability insurance in case of accident
The insurer must pay within 20 calendar days (excluding holidays) from the date of application. When deferring a decision, the company must pay a fine. If the victim is not satisfied with the size of the payment, he has the right to file a pre-trial claim, which is considered no longer than 10 days, and apply to the court. The payment will be maximum if you follow the procedure for compulsory motor third-party liability insurance in case of an accident.
Link: Federal Law "On Compulsory Third Party Liability Insurance of Vehicle Owners" Article 14 (especially paragraphs g, h).