Ground for refusal

Is the basis for refusal of Direct compensation for losses by the Insurer of the victim

I... Non-compliance with the requirements of the Law on MTPL in terms of Direct compensation for losses:

1. As a result of an accident on the reported event, the accident participant (driver, passenger, pedestrian) suffered harm to life or health (if this information is available at least in one of the documents submitted by the Victim).

Is an

2. In an accident, as a result of which the victim was injured, one or more two vehicles were involved, or damage was caused to other property, apart from the vehicle involved in the accident.

Note: a vehicle with a trailer to a car is considered one vehicle (vehicle without a trailer).

Is an

3. The CTP contract of the victim was not valid at the time of the accident (the contract was not concluded, the contract did not enter into force, the contract expired, the contract was terminated ahead of schedule, the contract was invalidated, the new owner of the vehicle did not conclude new Treaty OSAGO after the transfer to it of ownership, economic management or operational management on the vehicle, and the risk of liability of the new owner is not insured in accordance with the Law on MTPL by another person (insured), etc.).

Note: if the accident occurred not during the period of use of the Victim's vehicle, established by the Victim's OSAGO agreement, this basis cannot be used to deny the Victim direct compensation for losses.

Is an

4. In the event of an accident, as a result of which the victim was injured, the vehicles did not have physical contact (there was no interaction (collision)).

Is an

5. Prior to the Injured's submission to the Insurer Victim Statements on direct compensation for losses for the same event, the insurer of the inflictor of the harm made a payment .

Note: if, before the Injured Insurer submits an Application for direct compensation of losses to the Insurer of the injured party, the Insurer of the injured party has already received an application with a claim for insurance payment for the same event, but at the time of receipt of the Application the payment to the injured party has not been made, the Insurer of the injured party is not entitled to send a Refusal to Accept Applications for given reason(has the right to refuse to make the payment to the victim on the basis that he has filed a Statement of Direct Compensation for Damages).

Is an

II... Non-compliance with the requirements of the Law on MTPL in terms of simplified registration of an accident:

6. Circumstances of causing harm in connection with damage to property as a result of an accident, the nature and list of visible damage to vehicles cause disagreements among the participants in the accident or are not recorded in the traffic accident notifications (in the case of registration of documents on the accident without the participation of authorized police officers) ...

Is an

III... Non-compliance with the requirements of the Law on MTPL in terms of the insured insurance risk:

7.1. The CMTPL agreement of the cause of harm was not valid at the time of the accident (the agreement was not concluded). **

Is an

7.2. The CMTPL agreement of the cause of harm was not valid at the time of the accident (the agreement did not enter into force) or the CMTPL policy of the cause of harm was not valid at the time of the accident (the contract expired). **

Is an

7.3. The CMTPL agreement of the cause of harm was not valid at the time of the accident (the agreement was terminated ahead of schedule) or the CMTPL agreement of the cause of harm was not valid at the time of the accident (the agreement was declared invalid). **

Is an

7.4. The form of the CTP policy, the number of which is indicated in the Application, was not shipped to the Insurer of the inflictor of the harm specified in the Application and the documents attached to it. ***

Is an

7.5. The CMTPL agreement of the inflictor of harm was concluded after the date of limitation or suspension of the license for the implementation of OSAGO (license to carry out insurance activities) of the Insurer of the inflictor of harm ***

Is an

8. The harm was caused when using a vehicle other than that specified in the OSAGO agreement. **

Is an

9. Causing non-pecuniary damage or the emergence of an obligation to compensate for lost profits *

Is an

10. Causing harm when using vehicles during competitions, tests or training driving in specially designated areas.

Is an

11. Environmental pollution. *

Is an

12. Causing harm by the impact of the transported cargo, if the risk of such liability is subject to compulsory insurance in accordance with the law on the appropriate type of compulsory insurance. *

Is an

13. The emergence of the obligation to reimburse the employer for losses caused by harm to the employee. *

Is an

14. Causing damage by the driver to the vehicle he drives and the trailer to it, the cargo carried by them, the equipment installed on them and other property. *

Is an

15. Causing harm when loading cargo onto or unloading a vehicle.

Is an

16. Damage or destruction of antiques and other unique items, buildings and structures of historical and cultural significance, items made of precious metals and precious and semi-precious stones, cash, securities, religious items, as well as works of science, literature and art, other objects of intellectual property. *

Is an

17. The property damage claimed by the Victims does not apply to the accident for which the insured event was declared. *

Is an

18. Causing harm to the property of passengers during their transportation, if this harm is subject to compensation in accordance with the legislation of the Russian Federation on compulsory insurance of the carrier's civil liability for harm to life, health, property of passengers.

Is an

19. The insurer of the inflictor of harm, specified in the documents attached to the Application, is a Party to the Agreement. ***

Is not

IV... Non-compliance with the requirements of the legislation regarding the recognition of an insured event (determination of the causer of harm, determination of the person responsible):

20. At the time of the accident, the vehicle of the Harmful party was out of the possession of the rightful owner as a result of illegal actions third parties (clause 2 of article 1079 of the Civil Code of the Russian Federation).

Is an

21. It is impossible to determine the person who caused the harm from the documents submitted by the Victim and / or the Causer of harm.

Is an

22. The harm was caused as a result of force majeure (Clause 1 of Article 1079 of the Civil Code of the Russian Federation).

Is an

23. The harm was caused as a result of the intent of the Victim (clause 1 of article 1079 of the Civil Code of the Russian Federation).

Is an

24. A participant in an accident declared the fact of challenging a person who did not enter legal force solutions authorized body, establishing the fact of violation of the Traffic Rules by him.

Is an

25. The damage was caused to property belonging to the person responsible for the damage caused *.

Is an

26. The documents attached to the Application, provided for in clause 2.3 of Appendix No. 5 to this Agreement, do not allow the Insurer to be identified as the cause of harm.

Is not

V... Failure to comply with the insurance payment procedure established by the CTP rules:

27. Repair of damaged property or disposal of its remains, carried out prior to inspection and (or) independent technical expertise (assessment) of damaged property in accordance with the requirements of the Law on Compulsory MTPL, do not allow to reliably establish the existence of an insured event and the amount of losses to be reimbursed under the compulsory insurance contract . ****

Is an

28. The victim refused to provide the damaged property to the victim's Insurer or did not provide the property within the time agreed with him for inspection and / or organization of an independent technical examination, subject to the Insurer's submission of such a claim by the Insurer within the time frame established by this Agreement, in cases where the damaged vehicle is repaired or disposal of its remains, carried out prior to inspection by the insurer and (or) an independent technical examination, independent expertise(assessments) of damaged property do not allow to reliably establish the existence of an insured event and the amount of losses subject to compensation. ****

Is an

VI... Grounds for refusal of insurance payment provided for The Civil Code Russian Federation:

29. Intentional failure by the insured (beneficiary) to take reasonable and available measures to reduce losses (Article 962 of the Civil Code of the Russian Federation).

Is an

30. The occurrence of an insured event due to the intent of the insured, the beneficiary (Art. 963 of the Civil Code of the Russian Federation).

Is an

31. The harm was caused by exposure nuclear explosion, radiation or radioactive contamination(Article 964 of the Civil Code of the Russian Federation).

Is an

32. The harm was caused as a result of military actions, as well as maneuvers or other military measures (Article 964 of the Civil Code of the Russian Federation).

Is an

33. The harm was caused as a result of the civil war, civil unrest or strikes (Article 964 of the Civil Code of the Russian Federation).

Dated April 25, 2002 N 40-FZ "On compulsory insurance of civil liability of vehicle owners" (Collected Legislation of the Russian Federation, 2002, N 18, Art. 1720; 2003, N 26, Art. 2566; 2005, N 1, Art. 25; No. 30, Article 3114; 2006, No. 48, Article 4942; 2007, No. 1, Article 29; No. 49, Article 6067; 2008, No. 30, Article 3616; No. 52, Article 6236; 2009, N 1, Art.17; N 9, Art.1045; N 52, Art.6420, Art.6438; 2010, N 6, Art.565; N 17, Art. 1988; 2011, N 1, Art. 4; N 7, Art. 901; N 27, Art. 3881; N 29, Art. 4291; N 49, Art. 7040; 2012, N 25, Art. 3268; N 31, Art. 4319, Art. 4320; 2013, N 19, Art. 2331; N 30, Art. 4084; 2014, N 30, Art. 4224) (hereinafter referred to as the Federal Law) this Direction establishes the requirements for an agreement on direct compensation for losses (hereinafter referred to as the Agreement) and the procedure for settlements between its participants (members of the professional association of insurers and the professional association of insurers).

1. The terms of the Agreement are determined by the professional association of insurers for the purpose of repeated application in the standard form of the agreement, which is subject to agreement with the Bank of Russia after its approval by the professional association of insurers.

2. The agreement must contain:

the procedure for compensation for harm by the insurer who insured the civil liability of the person who caused the harm (hereinafter - the insurer of the inflictor of harm), to the insurer who made direct compensation for losses (hereinafter - the insurer of the victim);

the procedure for determining the average amounts of insurance payments;

the obligation of the insurer of the causer of harm to reimburse the insurer of the victim for the damage reimbursed by him on behalf of the insurer of the causer of harm to the victim on account of the insurance payment under the compulsory insurance contract;

the obligation of the professional association of insurers to reimburse the insurer of the victim for the harm to the victim compensated by him on behalf of the insurer of the inflictor of harm on account of the compensation payment in the cases established by paragraph 6 of Article 14.1 of the Federal Law;

a list of documents to be drawn up in the implementation of direct compensation for losses, the procedure, terms and methods of exchange of these documents (including the procedure for their registration and storage);

the method and timing of the sending by the insurer of the injured party to the insurer of the inflictor of harm or, in the cases established by clause 6 of Article 14.1 of the Federal Law, to the professional association of insurers, a preliminary notification containing information about the victim's claim, the circumstances of causing harm in connection with damage to the victim's property as a result of a road traffic accident, the estimated amount of payment for direct damages (hereinafter - preliminary notification);

conditions, method and timing of settlements between the parties to the Agreement;

the procedure for resolving disputes between the parties to the Agreement;

liability of the insurer of the causer of harm for failure to reimburse the insurer of the victim for the amount of paid losses within the period established by the Agreement (depending on the chosen method of settlements between the insurers), or for the refusal of the insurer of the causer of harm to reimburse the insurer of the victim for the amount of paid losses;

the responsibility of the professional association of insurers for failure to implement it within the prescribed time limit, or an unjustified refusal to pay the victim's insurer a compensation payment in the cases provided for by paragraph 6 of Article 14.1 of the Federal Law;

ways to ensure the fulfillment of obligations under the Agreement;

the term of the Agreement, the procedure for amending the Agreement and the grounds for its termination.

3. The agreement should stipulate that in the event that the victim claims compensation for damage caused to his property to the victim's insurer, the latter is obliged to:

within the terms stipulated by the Agreement, but not more than seven working days from the date of registration of the claim for compensation for damage caused to the property of the victim, send the inflictor of harm to the insurer (or, in the cases established by clause 6 of Article 14.1 of the Federal Law, to the professional association of insurers) prior notification ;

when making a decision on the refusal of the victim to directly compensate for losses, inform the insurer of the inflictor of harm (or in the cases established by clause 6 of Article 14.1 of the Federal Law, the professional association of insurers) of the decision taken within the timeframes stipulated by the Agreement, but not more than within seven working days from the date of the decision, and send him a copy of the reasoned refusal sent to the victim;

after making direct compensation for losses, submit to the insurer the inflictor of harm (or in the cases established by clause 6 of Article 14.1 of the Federal Law, to the professional association of insurers), in the manner and within the time limits stipulated by the Agreement, a claim for payment of compensated harm, as well as the following documents:

copies of documents confirming the fact of the occurrence of an insured event;

copies of payment documents confirming the payment of funds to the victim or payment for the repair of damaged property.

4. Payments between the parties to the Agreement on direct compensation for losses are carried out in a non-cash form.

Settlements between the parties to the Agreement can be carried out in the following ways:

by reimbursing the amount of paid losses for each claim of the victim;

and / or by reimbursing the average amount of insurance payments for the reporting period.

To make settlements between the parties to the Agreement by reimbursing the amount of paid losses for each claim of the victim, the Agreement must establish that the insurer of the inflictor of harm (or in the cases established by clause 6 of Article 14.1 of the Federal Law, the professional association of insurers) is obliged (obliged) to reimburse the amount of paid losses in the amount of payment to the victim within the time frames stipulated by the Agreement, but not more than within 15 working days from the date of receipt from the insurer of the victim, who made direct compensation for losses, a claim for payment of compensated damage.

To make settlements between the parties to the Agreement by reimbursing the average amounts of insurance payments for the reporting period, the Agreement must establish such a reporting period, as well as the period from the moment of its expiration, during which settlements must be made between the parties to the Agreement.

The procedure for determining the average amount of insurance payments is established by the Agreement. At the same time, when determining the average amounts of insurance payments for the reporting period, the amount of insurance payments for the reporting period should be taken into account when damage is caused only to the property of the victims and the number of insured events settled in the reporting period for which damage was caused only to the property of the victims.

When determining the average amounts of insurance payments, the Agreement may provide for the use of other indicators.

5. This Directive is subject to official publication in the Bank of Russia Bulletin and in accordance with the decision of the Bank of Russia Board of Directors (minutes of the meeting of the Bank of Russia Board of Directors No. 27 dated September 16, 2014) shall enter into force from the date of entry into force of the order of the Ministry of Finance of the Russian Federation on recognizing as invalid the order of the Ministry of Finance of the Russian Federation of January 23, 2009 N 6n "On approval of the Requirements for an agreement on direct compensation for losses, the procedure for settlements between insurers, as well as the specifics of accounting for operations related to direct compensation for losses", registered by the Ministry of Justice Russian Federation February 6, 2009 N 13271, January 20, 2011 N 19530, August 20, 2013 N 29452 ( Russian newspaper February 11, 2009, January 28, 2011, August 26, 2013).

Since March 1, 2009, the victim in an accident has the right to apply with a claim for insurance payment directly to his insurer, and not to the insurer of the person responsible for the accident (the so-called "direct compensation for losses"). This is possible if 2 vehicles were involved in the accident and only property was damaged.

Direct compensation for losses under OSAGO is carried out by the insurer of the victim on behalf of the insurer of the inflictor of harm. For this, a special agreement is concluded between the insurers. New requirements have been established for it.

The standard form of the agreement is approved by the professional association of insurers and agreed with the Bank of Russia (previously - with the Ministry of Finance of Russia).

The agreement, in particular, prescribes the conditions, method and timing of settlements between insurers, the procedure for resolving disputes between them, the procedure for document flow and information interaction. If the insurer of the inflictor of harm due to bankruptcy or revocation of the license cannot compensate the insurer of the injured party, the latter shall have the right to demand compensation from the professional association of insurers.

Settlements between the parties to the agreement are carried out in a non-cash form. There are 2 options: by reimbursing the amount of paid losses for each claim of the victim and (or) by reimbursing the average amount of insurance payments for the reporting period.

The maximum settlement period is 15 working days from the date of receipt by the insurer of the inflictor of the injury of the claim of the insurer of the injured to pay for the compensated harm.

The instruction comes into effect from the moment the previous procedure established by the Ministry of Finance of Russia is declared invalid.

Ordinance of the Bank of Russia of September 19, 2014 N 3385-U "On the requirements for an agreement on direct compensation for losses and the procedure for settlements between its participants"

This instruction comes into force from the date of entry into force of the order of the Ministry of Finance of the Russian Federation on recognizing as invalid the order of the Ministry of Finance of the Russian Federation dated January 23, 2009 N 6n "On approval of the Requirements for an agreement on direct compensation for losses, the procedure for settlements between insurers, as well as features accounting for operations related to direct compensation for losses "

According to Federal law of 04/25/2002 No. 40-FZ (as revised on 05/01/2019), each owner of a vehicle must insure his car by purchasing an OSAGO policy. This document provides guaranteed payments for losses incurred as a result of road accidents. However, in order to receive compensation for damage from an insurance company, a citizen must know how to properly draw up an application, when to submit it, and also be prepared for related problems.

Direct compensation for losses under OSAGO - what is it

Based on the amendments made to the law on OSAGO in 2007, an article on direct compensation for losses came into force in March 2009. In practice, this innovation has significantly simplified the payment procedure.

PVU, that is, direct compensation for losses, means that the victim, as a result of an accident, the party does not apply for compensation to the insurance company of the culprit, but to the one where its own OSAGO policy was purchased. The presence of such a service saved car owners from a number of difficult actions, such as searching for the culprit of the accident and the office of his IC, which may be located in another city.

Before contacting insurance company, experts advise to study the categories of contracts that fall under the PES, as well as the circumstances under which legal grounds SK has the right to refuse payment.

The difference between an alternative PVU from a non-alternative

Prior to the introduction of PVP in the Russian Federation, a system of alternative payments in insurance cases was created. According to this scheme, a citizen had the right to choose which company to apply to for compensation. In practice, this provoked the emergence of great difficulties and fraudulent schemes: in a number of cases, drivers did not seek payments from companies, some car owners applied to two ICs at once. In this regard, this scheme has been abolished.

Since August 2014, the Law “On OSAGO” No. 40-FZ contains information on non-alternative direct payments, which obliges car owners to accident case contact only your insurance companies. If other property, in addition to cars, was damaged, life and health were damaged, then the victim has the right to submit an application to the company of the culprit.

When can you get direct payments?

Conditions governing direct refunds losses incurred, the following:

For the implementation of direct compensation for losses, it is imperative to comply with all of the above conditions. In the event that at least one of these points is missing, the injured party is forced to turn to the IC of the person responsible for the accident.

Conditions of non-alternative PVU

In comparison with the alternative procedure for the PLE, the non-alternative procedure, starting from 2016, assumes that the insurance company has no right to refuse the client in obtaining the PLE in the event that the driver of the vehicle and the owner of the policy are not the same person. With the abolition of the alternative method of compensation, non-alternative payment regulations have become synonymous with direct compensation for losses, therefore, its conditions correspond to cases in which direct payments can be obtained.

Subject to all the conditions regulated for direct payments, in the case when both insurance companies (IC of the person responsible for the accident and the victim) are at the stage of bankruptcy and their license has been revoked, the citizen has the right to apply for payments to the fund of the Russian Union of Auto Insurers (RSA).

When it will not be possible to issue a PVU

Russian legislation determines that it is impossible to issue a PVP when the following factors are present:

• The license revoked from the SK and the absence of the company among the participants in the PVU program;
• Invalid insurance policy of the car owner;
• An application for a PES has already been submitted to another insurance company;
• When only moral compensation is paid;
• The emergency situation is being contested in court;
• The insurance policy has expired;
• Information about the accident that had occurred was untimely reported to the UK.

In such circumstances, the insurance company is not entitled to carry out the PPS.

How to apply for a PVU

Direct compensation for losses under OSAGO presupposes a certain procedure. To receive compensation from an accident, you need to know the deadlines for submitting documents, a list of papers, etc.

Who, in what time frame and where should apply

The injured party collects and submits documents within 15 days after the accident, after this period the application will not be accepted for consideration. The insurance company of the victim accepts the documents and, within a period of up to 30 days, makes a decision and pays compensation, or refuses to pay. In case of refusal, the document will be provided to the client in writing with the right to appeal it in court.

How to draw up an application for direct compensation for losses under OSAGO

When an injured car owner contacts the UK, he is given a form in which a statement is written. The form must contain the following items:

• The name of the insurer's organization;
• Full details of the applicant, including name, contact information, place of residence and registration;
• Circumstances and details of the accident;
• Vehicle information;
• The procedure for carrying out maintenance carried out in order to assess the damage;
• Signature on acceptance and submission of the application;
• Information about the culprit of the accident.

List of attached documents

The list of documents required for registration of direct damages includes:

1. Certificate in the form No. 748, taken from the traffic police;
2. Copy of the protocol on administrative violation;
3. Copies of driver's license and passport;
4. Accident notification;
5. Vehicle passport, registration certificate, title documents;
6. Statement;
7. Documents confirming the assessment of the damage caused;
8. In case the car belongs legal entity, a waybill is required.

As a supplement, an act of acceptance and transfer of documents is attached, indicating in it what certificates and documents were transferred to the UK.

What is an agreement on a PSI for OSAGO and when does the insurance company conclude it?

The agreement on direct compensation for losses under OSAGO is established by the Law “On OSAGO”, which regulates its observance by insurance companies. The agreement was developed by the union of auto insurers.

This act is signed by the PCA and the members of the union, its purpose is to regulate the situations of PES. Together with Federal Law No. 40, the agreement provides a guarantee of direct compensation for losses in cases recognized as insured. The IC enters into an agreement upon registration, thus, the insurer is entered into the Register of participants in the agreement on the PVU. The list of organizations included in the register is available on the official website of the PCA.

What affects the amount of payments

An independent appraisal commission, hired by an insurance company, determines the amount of the compensation payment. When calculating the total amount, experts take into account the nature of the damage caused, the service life (wear) and power of the car, the date of issue and the region of registration of the OSAGO policy, the cost at which the vehicle was purchased, the applicant's driving experience.

The Unified Damage Calculation Methodology approved by the Bank of the Russian Federation and an act drawn up as a result of a car inspection carried out by the State Traffic Safety Inspectorate determine the amount of compensation. An independent examination decides what the final payment should be, taking into account the costs of repairs, materials and spare parts.

If the client does not agree with the total amount of the payment, he has the right to contact statement of claim in court, and to demand from the IC not only compensation for losses from road accidents, but also legal costs.

When forming the amount of payment, the period of execution of the insurance contract is also taken. With a longer term of the contract, it is customary to count on a large amount of compensation.

Reimbursement procedure

Direct compensation for losses is carried out according to the following scheme:

1. In accordance with the law “On OSAGO”, the victim applied to the insurance company. The UK is provided with a notification and documents drawn up by a law enforcement organization.
2. The insurer, who has sold the CTP policy to the victim, assesses the circumstances of the accident and considers the documents provided.
3. The insurance company organizes the work of an independent examination, which will assess the damage caused to the car in accordance with Article 12 of the Law “On Compulsory MTPL” No. 40-FZ.
4. If all the necessary conditions are met, the accident is recognized as an insured event. SK undertakes to pay compensation to the client within 1 month.
5. The insurer of the victim has the right to demand from the IC of the culprit of the accident reimbursement of the funds paid to the victim.
6. A corresponding requirement presented to the insurer of the guilty party obliges that to pay the insurance company the funds spent on compensation.

For what reasons can they refuse to apply for a PVU?

The insurance company of the injured party has the right to refuse direct damages to its client. This happens for the following reasons:

• The statement was submitted to the IC of the person guilty of the accident;
• When drawing up the protocol on the accident, the traffic police were absent, as a result of which errors were made in the forms, there are discrepancies in the evidence of damage;
• The injured party claims compensation for lost profits or moral damage;
• A traffic accident occurred during a training exercise, competition or test.
• The application was submitted more than 15 days after the accident;
• Goes trial to identify the perpetrators of the incident;
• The participant in the accident has Green Card insurance, not an MTPL policy.

Problems of direct compensation for losses and ways to solve them

The direct indemnification procedure eliminated some difficulties in obtaining compensation. However, like many bureaucratic operations, obtaining a PES involves a number of pressing problems.

The problem of payments for contactless accidents

One of the conditions for direct compensation payments is the participation of two vehicles in an accident, while the cars must necessarily collide. In cases of non-contact accidents, direct compensation for losses is not made.

As shows arbitrage practice, the lack of direct contact between vehicles in an accident is not a reason for refusing direct payment if the car was used for its intended purpose: parked, towed, drove or stopped.

Underpayment for PVU

Some insurance companies have resorted to underreporting benefits in order to save money, despite legislation. The main problem is that in the case of PES, calculations are made from fixed amounts established by the PCA. The amount of payments for each insured event is inferior in importance in the process of forming the final amount of information about the damage to the car and the region in which the accident happened.

To obtain a satisfactory amount of compensation, it is advised to go to court and carry out an additional examination of the damage to the vehicle and the real estimated cost of new parts and repairs.

Offer to the victim to conclude an agreement to determine the amount of damage

When concluding a contract with an insurance company, the client is often offered to conclude an agreement for a certain amount of damage. In the event of an insured event, this document establishes a fixed amount of payment, as well as the terms of issue.

The signed agreement has legal force, which makes it almost impossible to appeal, since the car owner gave his own consent to this. Before concluding an agreement with the UK, pay attention to the clause on fixed compensation and procedures in the event of an accident.

The system of direct compensation for losses under OSAGO at the time of 2019 made it possible to prevent a number of difficulties associated with receiving payments. It prevents fraudulent actions of the insurance company, prevents unlawful refusals of insurers, reduces the waiting time for payments and simplifies the procedure for receiving funds. However, in order to count on a PVP, an application is submitted to the insurance company in the first 15 days after the accident, and they also monitor compliance with all conditions both upon the occurrence of an insured event and at the stage of issuing an OSAGO policy.

(Briefly PVU) in our country was introduced several years ago along with another innovation - the European protocol. The change seems to have been aimed at making it easier to obtain insurance for OSAGO. Let's study what its essence is, look at the application form filled out in these cases, and analyze whether it has become easier for drivers and UK.

Legal basis

There is no law on PES. The norm is regulated by another law - "On OSAGO", namely Article 14.1.

There are also "Rules for OSAGO" and "Agreement on direct compensation for losses under OSAGO", which spell out the actions of the policyholder and the insurer.

The insurer carries out the PVI on the basis of civil liability insurance of both participants in the accident. Having reimbursed the loss, he turns to the insurer of the guilty party. The latter is obliged to reimburse, in turn, the loss to the insurer who paid the PVU. Payments are made on the basis of a document concluded between the PCA members: "Agreement on direct compensation for losses."

It seems that all the circumstances that can happen in an accident are clearly stated. However, in practice, questions still arise.

What does PVU mean?

Under the PVU understand the appeal of the victim in an accident party directly to his IC, and not to the company of the perpetrator of the accident, as it was before, in order to receive payment. Such a norm, like the European protocol, was borrowed from the laws of Western countries. However, unlike them, in Russia, although they adopted direct compensation for losses, they made their own changes. So, in Western countries, in all accidents, the victims turn to their insurance company. In our country, at first, it was allowed to contact either our own or the IC of the perpetrator of the accident.

Since August 2014, however, the changes have come into force. According to them, the so-called uncontested direct compensation for losses was introduced. Now, if there are clear signs of an accident, the PTS should be reimbursed only in its own insurance company.

When applying for a PES

The injured person does not apply to his IC in all cases, but only when the accident meets certain criteria:

1. Both drivers have not only a valid OSAGO insurance policy, but also civil liability insurance.
2. Only property is damaged. No people were injured in the road accident.
3. One of the participants is guilty of the accident.
4. The culprit's insurance company has a valid license to operate.

Indemnification and Europrotocol

Sometimes, due to the presence of some similarities, PVU is confused with the Europrotocol. However, these two concepts are completely different. Europrotocol is a document that is drawn up by one of the participants in the accident ( front side) and signed by both drivers. At the same time, traffic police officers are not called. The document is submitted to the UK.

Direct compensation for losses under OSAGO is not a document, but a rule of law according to which the injured party sends a claim for damages to its own insurance company. At the same time, filling out the European protocol is possible only if the amount of damage by mutual agreement of the parties does not exceed 50,000 rubles. In other situations, the traffic police inspector must be called.

At the same time, both in one and in the other case of an accident there are similar features: the incidents are insignificant, did not have consequences in the form of harm to human health and did not lead to death.

At the same time, the insured may refuse to compensate for losses in a number of cases. Consider when this happens.

Refusal to refund

Even if the accident will have all the signs according to which the policyholder must compensate the victim, he has the right to refuse it in the following cases:

• If the victim has already filed an application with the IC of the culprit of the accident.
• The participants in the accident issued a European protocol and did not call the traffic police officer, despite the fact that they have different opinions about what happened.
• There are legal disputes over traffic violations.
• The insurer was not notified in time about the occurrence of the insured event.
• In an accident, the central bank, antiques, intellectual property, items of religious value.
• The policyholder wishes to indemnify moral injury or lost profits.

How to get paid for insurance and what not to do

So, in order not to have problems with payment, you should follow a certain order of compensation for losses. To do this, within the time frame established by law, you need to submit an application to the insurance company. Also going Required documents... The insured receives a referral from his insurance company to conduct an examination and a list of companies where he can implement it. At this time, the insurer asks the IC of the guilty party to the accident consent to payment. If the decision is positive to the account specified in the application, the victim receives money for repairs.

The application form, which must be completed, can be viewed in the following photo.

Advice: under no circumstances repair your car until the money is credited to your account. If suddenly you are refused, you can appeal the decision. If the amount is too small to cover all costs, various steps can also be taken to obtain full compensation for the damage. However, if you hurry and get the car repaired earlier, then nothing can be done.

Peculiarities

There are norms in the agreement on the PES, where fixed amounts are determined for different types road accidents. Based on these amounts, the guilty party's IC will reimburse your IC for a certain amount, which is different from what you receive.

Because of this norm, insurers pay small amounts without problems. Then both the policyholder and the insurer will be satisfied (with the exception of the IC of the guilty party). However, if the damage exceeds a fixed amount, your IC will seek tricks so that you go directly to the CA of the person responsible for the accident.

Understandably, insurance companies are trying to find opportunities to pay less. However, as a result of these manipulations, policyholders suffer, that is, victims in a road traffic accident who are clients of the UK. They have to spend their nerves and time trying to get a payment that will cover the cost of car repairs.

How to deal with SK manipulation

We will figure out what can be done in the event that insurers refuse to pay, and how not to bring the situation to this.

All documents must be filled out very carefully. Any misinformation will lead to delays at best and rejection at worst. Corrections when filling out, for example, an accident notification, are also unacceptable.

Not only the owner of the policy, but also the aggrieved party gets the right to the PVU. At the same time, the names included in the policy, and to whom it is issued, does not matter technical certificate on the car. A claim for direct damages is submitted by the driver who was driving when the accident occurred. Of course, it comes about those cases in which he had the right to be a driver for compulsory motor third party liability insurance: that is, was entered into the policy or compulsory motor third party liability insurance involves the use of a car without restrictions.

Where to contact?

If all the signs of an accident fall under the settlement of a non-alternative PVP, however, both insurance companies have their licenses revoked or a bankruptcy procedure is underway, the injured party must file a claim with the PCA. In this case, we will talk about compensation payment.

In addition, there are other situations when they apply to PCA, even if the conditions for obtaining a PES are not met.

For example, the Union of Auto Insurers will pay compensation if more than two cars have been damaged as a result of the accident, but the UK's license has been revoked or is in bankruptcy.

The same applies to cases where people were injured due to the accident.

PCA will pay compensation to the victim when the culprit remains unknown, in the event that people have suffered.

A cash payment awaits the victim, if the culprit is not insured under OSAGO (also only when people have suffered).

Conclusion

If something goes wrong and you get into an accident, it is best to immediately notify your insurance company via the hotline. If the accident meets all of the above conditions, all your actions were correct and a civil liability contract was concluded, compensation for losses under the described system must be made.

Well, when the driver does not know how to behave in such situations, and makes mistakes, then the likelihood of receiving money to cover the cost of repairs is extremely small.