Compensation for harm under the civil liability insurance. CTP insurance indemnity

Provides an opportunity to avoid significant monetary losses for the perpetrator of the accident, and to the injured party to reimburse part of their costs. This rule applies only in case of causing property damage or harm to health (life) in an accident. Moral harm, moral suffering are not included in insurance payments.

Often, the amount of compensation is able to cover only part of the costs acquired in the event of an accident. Everything that goes beyond the insurance limit is subject to recovery from the person through whose fault the collision occurred.

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Legal basis

The procedure for recovering damage from a road accident is reflected in the Federal Law "On OSAGO".

On the basis of this law, all car owners are obliged to insure the risks of their civil liability. In the event of an incident, the insurer of the driver who provoked the accident will reimburse the losses under the contract.

Is compensation for damage in case of an accident under OSAGO

Every driver needs to remember that a compulsory insurance policy covers damage from an accident, and all other risks do not. The concept of "road traffic accident" includes any actions between cars that have caused damage to vehicles, people, even received at the parking lot or parking lot.

Any transport of all categories can be the object of an accident. On the basis of the compulsory insurance policy, only the injured party is entitled to compensation for losses.

Is compensation for damage in case of an accident under OSAGO supposed to the culprit?

A driver found guilty of a road accident will not be reimbursed for damage under the CTP policy.

Insurance is designed to protect the interests of the innocent party, in which the insurance company (IC) of the culprit compensates him for the amount of damage caused. The driver, through whose fault the accident occurred, will be able to restore his car only if he has a CASCO policy.

Direct Compensation Rules (DIR)

PVU implies that the car owner injured in a collision has the right to apply for compensation for damage to his company, with which he has signed an OSAGO agreement.

Situations in which the use of PVU is possible:

no damage to health and life has been caused in the event of an accident;
participants in the accident - 2 cars, the owners of which have valid insurance;
the license of the culprit's IC is valid;
mutual fault of the parties has not been established.

To receive the amount according to the PVU rule, you must provide the entire package of documents and receive a referral for an examination, in case of a satisfactory solution, the funds are transferred to the current account specified in the application.

Often, the PVU rule is triggered only with small material damage, and if large amounts are indicated, companies try to redirect the client to contact the organization of the culprit.

The procedure for compensation for damage under OSAGO

in the event of a traffic incident, it is necessary to report the incident to the UK in compliance with the deadlines specified in the contract;
together with documents on the accident, provide a statement of the occurrence of an insured event (SS);
on the basis of papers drawn up by representatives of the traffic police or by the drivers themselves at the scene of the accident, the IC decides on the fact of the occurrence of an insured event, or its absence; and on the provision of payments or on their refusal;
upon recognition of the SS, an independent examination is appointed to assess the damage, according to the results of which the amount to be compensated is determined, and within the established timeframes the funds are transferred to the applicant.

Insurance company notification

The policyholder is obliged to notify the company in the manner and within the time frames stipulated in the agreement:

Notification can be sent by any means of communication. Written information is considered to be transmitted on time, regardless of the fact of receipt of it by the insurer, on the basis of Art. 194 of the Civil Code of Russia.
Immediately obliged to notify about the SS not only the participants in the accident, but also the beneficiary under the insurance contract, if he intends to receive compensation.
The statutory obligation of the policyholder to immediately notify the company of the occurrence of an insured event is essential, since:
- a representative of the insurance company gets the opportunity to immediately inspect the subject of insurance, record the degree of its damage, prevent the possibility of additional losses;
- upon timely receipt of the notification, the insurer can independently take measures to reduce losses or save property, give instructions to the policyholder, organize a search for the loss;
- timely information is required for the IC when building relationships with a reinsurance company.

Failure to comply with the obligation to report an accident is not the only reason for refusing to pay insurance. In case of untimely receipt of notification of the incident, the insurer has the right (not the obligation) not to compensate for losses.

Documents for submission to the UK

The application for payment should be accompanied by:

a certificate of a traffic incident;
ruling on refusal to initiate an administrative case;
the passport;
incident notification;
protocol and resolution on violation of the Road Traffic Rules;
vehicle registration certificate, PTS;
if, in addition to transport, other property is damaged, then documents confirming the ownership of them;
lease or lease agreement (if the car belongs to another person);
checks, receipts for payment of tow truck services for transporting a car to the place of repair or parking;
the expert's opinion and a check on payment for his services (if the examination was carried out at the initiative of the victim);
receipts for payment for car parking services from the moment of the accident until the day of the examination;
bank account number, name and bank details;
if the interests of a citizen in the UK will be represented by a representative, then a notarized power of attorney is needed.

SK cannot demand the provision of documents not specified in the insurance rules.

How does the UK work

As soon as the insurer receives all the documents and checks them and the correctness of filling, he has the right to appoint an independent examination of the car if contradictions are found in the nature or degree of damage to the car.

So, the UK within 30 working days, counting from the date of receipt of the application, is obliged to:

inspect the damaged transport - no later than 5 days from the date of receipt of the application;
if necessary, conduct an examination in an independent institution within 5 days after the inspection of the transport;
fill out an SS certificate or issue a referral for a car for repair;
pay out insurance or issue a referral for repairs;
if the case is recognized as not belonging to the category of insurance, then send a notice indicating the reasons for the refusal.

How much does the insurance company pay for OSAGO

To establish specific amounts of compensation, an examination of the damaged car is carried out, and, if necessary, an examination:

In case of partial damage to the car, the compensation will be the amount necessary to restore the car to the state in which it was before the accident.
When the cost of repairing damaged property equals or even overstates the price of the property itself, then we are talking about its complete loss. The payment will be the amount of the actual value of the car on the date of the accident.
If the traffic police were not called to the scene of the accident (if there is no damage to life or health), then the victim can count on the amount of payment of no more than 25,000 rubles.
If a repair was made or the car was scrapped before being inspected by the insurer, then he has the right to refuse payment.

Payment terms and limits

The UK is obliged to pay the refund within 30 days from the date of the application for the CC (). The maximum possible payout amounts vary depending on the date of purchase of the policy.

If the person responsible for the accident bought insurance before 10/01/14:

maximum 120,000 rubles, if the car of one victim is damaged;
maximum 160,000 rubles, if damage is caused to several machines.

If the culprit of the accident purchased the policy after 10/01/14, each victim has the right to a payment in the amount of not more than 400,000 rubles.

If the contract was concluded after 04/01/15, then each of the victims is entitled to an amount of not more than 400,000 rubles for damage to the vehicle. for harm caused to life or health - up to 500,000 rubles.

Reasons for refusal to pay MTPL insurance

Reasons for refusing to pay out insurance, fixed in the contract (legally):

mutual fault of drivers has been established;
The accident occurred due to the transportation of goods;
the victim claims the payment of moral damage or loss of profits;
damage was caused to a cultural monument, antiques;
the car involved in the accident is not indicated in the policy;
the accident happened during a training ride, while participating in a competition;
the fact of fraud on the part of the participants in the accident was established
bankruptcy of the company (you should apply for compensation to the Russian Union of Auto Insurers (RSA));
when applying, an incomplete package of documents was submitted (the case is subject to renewal after the submission of the missing papers);
the policy turned out to be fake (in this case, it is necessary to contact the police and PCA);
the appeal occurred after the expiration of the terms specified in the contract (in this case, it will not work to count on insurance);

Illegal refusals to make payments, occurring due to the bad faith of the insurer, when the client is accused of violating the terms of the contract or the law:

intentional damage to property;
invalidity of the contract at the time of the accident;
expired;
or a link to the fact that the culprit of the accident:
- was in a state of alcoholic or other intoxication;
- he did not have the right to drive transport, he was not included in the CMTPL policy;
- fled from the scene of the accident.

Such refusals are illegal, the insurer is obliged to compensate the victim for losses. And only then to recover them from the negligent culprit of the incident by way of recourse.

How to reduce the likelihood of receiving a denial of insurance payment

It is necessary to comply with all insurance rules, carefully read the contract and the documentation attached to it when signing.
Inform the UK in time about the occurrence of an accident.
Pay attention to the correctness of filling out the documents on the accident by the traffic police, check the correctness of contact information, addresses, full name, registration numbers and names of cars.
Prepare in advance copies of the documents that will be handed over to the UK, ask the company representative to mark the acceptance of the originals in order to provide copies in case of loss.
If a refusal to pay out nevertheless occurs, ask the insurer for his written reasoning.

The procedure for a person to be guaranteed to receive payments from the IC without filing a claim in court

The OSAGO rules specify in detail the entire principle of action of a person who wants to receive guaranteed compensation for damage:

The victim in the course of the accident, at a convenient opportunity, must notify the culprit's IC about the incident, with a brief description of the situation and clear answers to the questions asked.
The traffic police officers who arrived at the scene of the collision will draw up a certificate of the accident, and the drivers - a notification for the insurers. If the parties decide that there is no need to call the traffic police, then they need to fill out a general notification with a detailed description of the circumstances, time, place of the collision, indicating the culprit.
Before the expiration of the 15-day period from the moment of fixing the fact of the accident, the victim must come to the IC, write an application for obtaining insurance in the maximum amount and provide the entire package of documents.

Based on the information presented in this article, brief conclusions can be drawn:

Under the OSAGO policy, compensation for losses is due only for the injured party.
The law provides for direct damages to an innocent victim in his company.
It is necessary to inform the UK about the SS offensive as soon as possible.
Pay attention to filling out the documents at the scene of the accident, submit documents to the IC only under the signature of his representative or with filling out the register of submitted papers.
The whole procedure for recovering losses is specified in the law "On OSAGO".
You should not waste your time if the UK has legal grounds for refusing to pay insurance.

On April 28, 2017, amendments to the Federal Law "On Compulsory Civil Liability Insurance of Vehicle Owners" came into force. In the new version of the law, the procedure for compensation for damage caused to passenger cars has been changed. These changes concern vehicles owned by citizens and registered in the Russian Federation.

The priority form of compensation for damage will now be refurbishment at a service station.

How will it work?

The car owner chooses a service station (STO) from among those with which the insurance company has a contract. You can choose a service station both when buying a policy and at the stage of settling a loss. The list of service stations indicating the addresses of their location, a list of brands and years of production of serviced vehicles, as well as the approximate timing of the repair should be published on the website of the insurance organization and constantly updated.

Important! During refurbishment, in contrast to a cash payment, the wear of parts and assemblies is not taken into account, and the use of used or refurbished component parts is not allowed (unless otherwise determined by the agreement of the insurance company and the victim).

Can I choose another service station?

To repair a damaged car at a service station with which the insurer does not have a contract, it is necessary to obtain the written consent of the insurance organization. In the application for insurance compensation, it is necessary to indicate the full name of the selected service station, the address of the location and payment details so that the insurer can pay for the restoration repairs carried out.

What are the conditions for refurbishment?

The deadline for the repair is no more than 30 working days from the day the victim presents the vehicle at the service station.

Repair of new cars (not older than two years) must be carried out at the service station of an authorized dealer performing warranty service.

The minimum warranty period for repair work on a damaged vehicle is 6 months, and for body work and work related to the use of paints and varnishes - 12 months.

How to act in the event of an accident?

If, as a result of an accident, damage is caused only to vehicles and all drivers have valid OSAGO policies, then the claim for damages must be presented to your insurer

Important! In cases of harm to the life or health of the participants in the accident, an application for insurance compensation should be submitted to the insurance company of the perpetrator of the accident.

Completed notices of an accident must be transferred by the participants of the accident to their insurance companies (or their representatives in the constituent entity of the Russian Federation, on the territory of which the accident occurred) within five working days after the accident.

The term for considering an application for insurance compensation is 20 calendar days.

For failure to comply with the deadlines for issuing a referral to the victim for repairs, a penalty in the amount of 1% of the amount of insurance compensation for each day of delay is provided. For violation of the terms of the repair, the insurer is punished with a forfeit in the amount of 0.5% of the amount of insurance compensation.

In what cases is it possible to receive a refund instead of a repair?

Insurance payment in cash is made in the following cases:

death of the victim;
infliction of grave or moderate harm to the health of the victim (if such form of insurance compensation is selected in the application for insurance compensation);
the victim is disabled and has a car for medical reasons (if this form is chosen in the application for insurance compensation);
complete loss of the vehicle;
the cost of refurbishment exceeds 400 thousand rubles (50 thousand rubles for cases of registration of an accident according to the European protocol) and the victim does not agree to make an additional payment for repairs at the service station;
all participants in the road accident are recognized as responsible for the damage caused ("backbone") and the victim does not agree to make an additional payment for repairs at the service station;
as a result of an accident, damage was caused only to property that is not a vehicle;
the victim refuses to repair at the service station if it does not meet the requirements for the organization of refurbishment;
the insurance company does not provide the victim with the opportunity to carry out refurbishment at the service station specified when concluding the OSAGO contract;
a written agreement between the insurer and the victim.

Protection of the rights of consumers of insurance services

If you believe that the insurance company is violating your rights, file a complaint with

Insurance under the OSAGO program does not at all prevent all troubles and misfortunes for the car owner. Let's find out what OSAGO protects from? It applies only to strictly defined events - insured events. According to the rules of OSAGO, such an event is the occurrence of the driver's responsibility as a result of a road traffic accident. Moreover, we are talking only about property liability. All the hardships of its other types (for example, administrative in the form of a fine) are borne by the owner of the car independently.

To concretize, let us dwell on the signs of an accident. This phrase is used often, and the law clearly defines it. For an event to be considered an accident, it must:

occur when the car is moving on the road;
cause death or injury of people or certain material damage.

In the presence of these conditions, the insurer becomes obliged to make an insurance payment in favor of the victim. The victim will be a person whose health or property has been harmed by the actions of the driver. The driver himself, even if his property has suffered, will not receive anything. OSAGO is designed to pay compensation instead of the culprit whose liability is insured. In the absence of OSAGO, all responsibility falls on the culprit of the accident, and he makes all payments on his own.

Will the insurer reimburse the damage if the culprit is unknown?

At the present time there are enough violators and many of them seek to escape from the accident scene. They are not afraid of severe punishments for this offense, up to and including deprivation of rights. What to do if the culprit of the accident fled from the scene of the accident?

You are a little more fortunate if you managed to remember the number of his car. These data will be used by the traffic police in the process of searching for the intruder, thereby greatly facilitating the task. When the culprit is found, the victim will be able to apply to the insurance company for payment. And the insurer, in turn, will return the paid sums by right of recourse, since the car owner fled from the accident scene in violation of the rules.

If it was not possible to see and remember the number, then the matter is bad. Undoubtedly, the traffic police search department will be looking for the guilty driver. Only with insufficient information will its effectiveness be close to zero. Without knowing the culprit of the accident and the contacts of his insurer, it is impossible to receive compensation.

MTPL insurance coverage

It is important for motorists to know what is covered by OSAGO in case of an accident. What expenses is the owner of the damaged property entitled to claim for reimbursement?

For the purpose of making insurance payments, all property is divided into two categories: vehicles and other property. Other property can be buildings, structures, any things that were in the car at the time of the accident and damaged as a result of it.

The first situation: the road accident led to the infliction of damage to "other property". In this case, the insurer, at the request of the victim, conducts an assessment of the damage. Reimbursement is made by issuing a sum of money in cash or by transferring it to a bank account.

The second situation: only vehicles were injured due to the road accident. Here the insurance company is obliged to inspect the victim's car and identify the resulting deficiencies. Further, there are two possible scenarios for the development of events. If the policyholder agrees with the results of the inspection and the list of damages, then the insurer carries out the procedure for compensation for damage. If there are some disagreements on this matter, then the consequence should be an independent examination. In the course of it, an exact list of damage to the car is established.

In almost all cases where a vehicle has been damaged, the reimbursement procedure involves sending it for repair. The insurer has contracts with service stations, where he sends his policyholders after an accident. The insurance company is responsible for the timing and quality of repairs to the car owner.

During refurbishment at the station, it is prohibited to install used spare parts. If this happens, then a claim must be sent to the insurer.

In certain situations, even if the vehicle is damaged,. What are these situations?

Complete destruction of the car as a result of an accident or the impossibility of its restoration. The amount of the payment is equal to the cost of the vehicle on the day of the accident, but is limited to the amount of 400 thousand rubles.
The car belongs to a foreign citizen. In this case, the payment should cover all the owner's expenses for car repairs: from the purchase of spare parts to the services of a car service.

The maximum amount of payments for OSAGO

The amount of compensation for compulsory motor third party liability insurance is not dimensionless and has its own limits. The law establishes, differentiating them according to the type of harm caused. How much is covered by OSAGO after an accident?

If the accident resulted in damage to property, then the maximum possible compensation will be 400 thousand rubles.
If people died or were injured as a result of an accident, then the amount of compensation is 500 thousand rubles.

These amounts are in relation to compensation to each victim, and are not divided between them. Accordingly, each of the victims of the accident can count on a payment of 400 thousand rubles (if this amount is established based on the results of the damage assessment).

Maximum amount of payments under the Europrotocol

In the presence of certain circumstances, participants in an accident can draw up a so-called Euro-protocol. The form of this document is issued together with the CTP policy. It is filled in by drivers on their own without the participation of traffic police officers, if:

the number of road accident participants is minimal (2 drivers);
no people were injured in the accident;
damage was caused only to property;
the responsibility of both car owners participating in the accident is insured under the OSAGO program;
drivers have no disagreements regarding the circumstances of the accident and the list of damage to the car.

When drawing up the Euro Protocol, the maximum amount of insurance compensation is significantly reduced. It is no longer 400, but 100 thousand rubles.

Health insurance coverage

The consequences of road traffic accidents differ significantly in their nature. Sometimes they can be minor scratches on the car, and sometimes - serious injuries to the driver and passengers. In the latter case, the victims will need money for treatment and health restoration. Consider what is covered by OSAGO in case of harm to health.

The first is the cost of treatment. They are reimbursed on the basis of the submitted documents about the accident, as well as documents from a medical institution. The formula for calculating such costs is quite simple. The medical certificate must contain a list of health injuries. For each of them, there are certain coefficients approved by the Government of the Russian Federation of 15.11.2012 N 1164. These coefficients are multiplied by the sum insured, which is indicated in the insurance contract. Then the numbers obtained for each injury are summed up.

Secondly, the victim is compensated for the lost earnings. As a result of an accident, the victim cannot work for some time, and, accordingly, receives a temporary disability benefit. This benefit is less than a stable salary in terms of size. In addition, the amount of the benefit does not affect the calculation of the indemnity for OSAGO. The amount of insurance payment in this part is determined as a percentage of the victim's average earnings.

All payments are handled by the insurance company responsible for the accident. Accordingly, if necessary, a statement must be written to the address of this company. To do this, you need to find out her contacts in advance.

Thirdly, the victim has the right to claim reimbursement of additional costs. They can occur if:

the need for outside patient care;
if a stay in a sanatorium is required to restore the body;
carrying out prosthetics;
purchase of additional food, etc.

The necessity of these expenses must be confirmed by a medical report. On its basis, the insurer will make the required payments.

What if CMTPL does not cover all damage?

Situations are not excluded when the legal limit of the insurance payment cannot cover all the damage that was caused as a result of an accident. First, the insurance companies themselves often underestimate the amount paid. The results of their technical expertise are not always reliable. Secondly, the cost of repairing an expensive car can go beyond the established 400 thousand rubles. What to do in such cases?

If the insurer deliberately pays a smaller amount than is necessary to compensate for the damage in full (or issues a referral for repair, indicating not all the shortcomings to be eliminated), then the victim has a reason to go to court.

To ensure your success in court, order an independent technical review. Of course, initially you will have to pay for it out of your own pocket. But in the future, it will help to confirm the validity of your claims. If the claim is satisfied, then the costs, including the examination, will be reimbursed at the expense of the defendant.

In court, you can collect the amount that is not enough for a full repair of the car or payment for the treatment of the victim. The claim is brought against the insurance company. To represent the interests of the car owner, it is best to contact a good lawyer.

The insured wants to recover the underpaid insurance compensation under the MTPL

The insured / assignee wants to collect an insurance payment under OSAGO instead of organizing and paying for the restoration of the vehicle

The assignee wants to recover the costs necessary to remedy the deficiencies of the refurbishment

The assignee wants to collect at the same time a forfeit for violation of the terms of insurance payment, and a financial sanction for violation of the deadline for sending a reasoned refusal to carry out insurance compensation under OSAGO

The property owner wants to recover damages caused by a collision of vehicles

See all situations related to Art. 12

1. The victim has the right to present to the insurer a claim for compensation for harm caused to his life, health or property when using a vehicle, within the insured amount established by this Federal Law, by submitting to the insurer an application for insurance compensation or direct compensation for losses and documents provided for by the rules of mandatory insurance.

(see text in previous edition)

An application for insurance compensation in connection with causing harm to the life or health of the victim is sent to the insurer who insured the civil liability of the person who caused the harm. An application for insurance compensation in connection with causing damage to the property of the victim is sent to the insurer who has insured the civil liability of the person who caused the damage, and in the cases provided for in paragraph 1 of Article 14.1 of this Federal Law, the insurer who has insured the civil liability of the victim is sent an application for direct compensation for losses.

(see text in previous edition)

A victim's statement containing a claim for insurance compensation or direct compensation for losses in connection with causing harm to his life, health or property when using a vehicle, with the attached documents provided for by the rules of compulsory insurance, is sent to the insurer at the location of the insurer or a representative of the insurer authorized by the insurer for consideration of the specified claims of the victim and the implementation of insurance compensation or direct compensation for losses.

(see text in previous edition)

The location and postal addresses of the insurer, as well as all representatives of the insurer, means of communication with them and information about the time of their work must be indicated in the list of representatives of the insurer, which is an attachment to the insurance policy.

In case of insufficient documents confirming the fact of the occurrence of an insured event and the amount of damage to be compensated by the insurer, the insurer within three working days from the date of their receipt by mail, and in case of a personal appeal to the insurer on the day of filing an application for insurance compensation or direct compensation for losses, he is obliged to report this to the victim with an indication of the complete list of missing and (or) incorrectly executed documents.

(see text in previous edition)

The exchange of the necessary documents on insurance compensation to check their completeness, at the request of the victim, can be carried out in electronic form, which does not exempt the victim from submitting documents to the insurer in writing on insurance compensation at the location of the insurer or the representative of the insurer. The insurer is obliged to ensure that the applicant's appeal sent in the form of an electronic document is considered and a response is sent to him within the period agreed by the applicant with the insurer, but no later than three working days from the date of receipt of the said application.

(see text in previous edition)

The insurer is not entitled to demand from the victim the submission of documents that are not provided for by the rules of compulsory insurance.

2. The insurance payment due to the victim for causing harm to his health as a result of a road traffic accident shall be carried out in accordance with this Federal Law at the expense of reimbursement of expenses related to the restoration of the victim's health and lost earnings (income) due to harm to health as a result of a traffic accident.

Insurance payment for harm to health in terms of reimbursement of the necessary costs of restoring the victim's health is carried out by the insurer on the basis of documents issued by authorized police officers and confirming the fact of a road traffic accident, and medical documents submitted by medical organizations that provided the victim with medical assistance in connection with an insured event, indicating the nature and degree of damage to the victim's health. The amount of insurance payment in terms of reimbursement of the necessary expenses for restoring the victim's health is determined in accordance with the standards and in the manner established by the Government of the Russian Federation, depending on the nature and degree of damage to the victim's health within the insured amount established by subparagraph "a" of Article 7

Information about the number of the insurance policy and the name of the insurer who insured the civil liability of the owner of the vehicle guilty of a road traffic accident is reported to a pedestrian injured in such a road traffic accident, or his representative on the day of contacting the police department, whose employees issued documents about such road accident.

3. After the insurance payment in accordance with paragraph 2 of this article to the victim for causing harm to his health, the insurer additionally carries out the insurance payment in the following case:

a) if, according to the results of a medical examination or research carried out, inter alia, by institutions of forensic medical examination in proceedings on an administrative offense, proceedings in a criminal case, as well as on the appeal of the victim, it is established that the nature and degree of damage to the health of the victim correspond to a larger size insurance payment than was initially determined on the basis of the standards established by the Government of the Russian Federation. The amount of the additionally made insurance payment is determined by the insurer as the difference between the amount payable that corresponds to the established nature of the damage to the victim's health according to the expert opinion submitted by him, and the insurance payment previously made in accordance with paragraph 2 of this article for causing harm to the victim's health;

b) if, as a result of harm caused to the health of the victim as a result of a road traffic accident, according to the results of the medical and social examination, the victim has been identified as a disability group or the category "disabled child". The amount of the additional insurance payment to be paid is determined by the insurer as the difference between the amount payable that corresponds to the disability group or category "disabled child" indicated in the conclusion of the medical and social examination according to the standards established by the Government of the Russian Federation, and the insurance previously made in accordance with paragraph 2 of this article. payment for causing harm to the health of the victim.

4. In the event that additional costs incurred by the victim for treatment and restoration of the victim's health damaged as a result of a road traffic accident (costs of medical rehabilitation, purchase of drugs, prosthetics, orthotics, outside care, spa treatment and other costs) and lost to the victim in connection with the harm to his health as a result of a road traffic accident, earnings (income) exceeded the amount of the insurance payment made to the victim in accordance with paragraphs 2 and this article, the insurer shall reimburse these expenses and lost earnings (income) upon confirmation that the victim needed in these types of assistance, as well as with documentary evidence of the amount of lost earnings (income) that the victim had or definitely could have at the time of the insured event. The amount of the insurance payment carried out in accordance with this paragraph is determined by the insurer as the difference between the loss of the injured person's earnings (income), as well as additional expenses, confirmed by the documents provided for by the rules of compulsory insurance, and the total amount of the insurance payment made in accordance with paragraphs 2 and this article for harm to the health of the victim.

5. The insurance payment in terms of compensation for the lost earnings (income) is carried out at a time or in another procedure established by the rules of compulsory insurance.

The aggregate amount of the insurance payment for causing harm to the health of the victim, made in accordance with paragraphs 2 - of this article, may not exceed the insurance amount established by subparagraph "a" of article 7 of this Federal Law.

Insurance payment for causing harm to the health of the victim is carried out to the victim or to persons who are representatives of the victim and whose authority to receive the insurance benefit is duly certified.

6. In the event of the death of the victim, the right to compensation for harm is vested in persons who, in accordance with civil legislation, have the right to compensation for harm in the event of the death of the breadwinner, in the absence of such persons - the spouse, parents, children of the victim, citizens whose victim was dependent, if he had no independent income (beneficiaries).

7. The amount of insurance payment for causing harm to the life of the victim is:

no more than 25 thousand rubles on account of reimbursement of burial expenses - to persons who incurred such expenses.

8. The insurer, within 15 calendar days, except for non-working holidays, from the date of acceptance of the first application for insurance compensation in terms of compensation for harm caused to the life of the victim as a result of an insured event, accepts applications for insurance compensation and documents provided for by the rules of compulsory insurance from other beneficiaries ... Within five calendar days, with the exception of non-working holidays, after the end of the specified period for accepting applications from persons entitled to compensation for harm in the event of the death of the victim, the insurer shall pay insurance indemnity.

(see text in previous edition)

The insurance payment, the amount of which is established by the second paragraph of clause 7 of this article, shall be distributed equally among the persons entitled to compensation for harm in the event of the death of the victim. Insurance payment in terms of compensation for harm caused to the life of the victim is carried out at a time.

A person who has the right to compensation for harm in the event of the death of the victim as a result of an insured event and who has presented the insurer with a claim for insurance compensation after the insurance payment for this insured event has been distributed among persons entitled to compensation for harm in the event of the death of the victim, has the right to demand from of these persons to return the part of the insurance payment due in accordance with this Federal Law or to demand payment of compensation for harm from the person who caused harm to the life of the victim as a result of this insured event, in accordance with civil law.

(see text in previous edition)

9. The victim or the beneficiary is obliged to provide the insurer with all documents and evidence, as well as provide all information known to him, confirming the amount and nature of harm caused to the life or health of the victim.

9.1. In the event that several participants in the road traffic accident are recognized as responsible for harm caused to the life or health of the victim in the event of the occurrence of the same insured event, the insurers jointly and severally carry out the insurance payment to the victim in terms of compensation for the specified harm in the manner prescribed by paragraph 22 of this article. In this case, the total amount of the insurance payment made by the insurers may not exceed the amount of the insurance amount provided for in subparagraph "a" of Article 7 of this Federal Law.

10. When causing damage to property in order to clarify the circumstances of the damage and determine the amount of losses to be compensated by the insurer, the victim intending to exercise his right to insurance compensation or direct compensation for losses within five working days from the date of filing an application for insurance compensation and attached to it in in accordance with the rules of compulsory insurance of documents, he is obliged to submit the damaged vehicle or its remains for inspection and (or) an independent technical examination carried out in the manner prescribed by Article 12.1 of this Federal Law, other property for inspection and (or) an independent examination (assessment) carried out in the manner established by the legislation of the Russian Federation, taking into account the specifics established by this Federal Law.

(see text in previous edition)

In the event that the inspection and (or) independent technical expertise, independent expertise (assessment) of the damaged vehicle, other property or its remains presented to the victim do not allow to reliably establish the existence of an insured event and determine the amount of losses to be reimbursed under the compulsory insurance contract, to find out of the specified circumstances, the insurer, within 10 working days from the moment the victim submits an application for insurance compensation, has the right to inspect the vehicle, when using which the victim's property was damaged, and (or) at its own expense, organize and pay for an independent technical examination in relation to this vehicle in the procedure established by Article 12.1 of this Federal Law. The owner of a vehicle, during the use of which the victim's property was damaged, is obliged to present this vehicle at the request of the insurer.

(see text in previous edition)

In the event that the nature of the damage or features of the damaged vehicle, other property precludes its presentation for inspection and independent technical expertise, independent expertise (assessment) at the location of the insurer and (or) expert (for example, damage to the vehicle, excluding its participation in the road motion), this is indicated in the application and the specified inspection and independent technical expertise, independent expertise (assessment) are carried out at the location of the damaged property within a period of not more than five working days from the date of submission of the application for insurance compensation and attached to it in accordance with the rules compulsory insurance of documents.

(see text in previous edition)

11. The insurer is obliged to inspect the damaged vehicle, other property or its remains and (or) organize their independent technical examination, independent examination (assessment) within a period of not more than five working days from the date of receipt of the application for insurance compensation or direct compensation for losses with attached documents stipulated by the rules of compulsory insurance, and to familiarize the victim with the results of the examination and independent technical examination, independent examination (assessment), unless another period is agreed by the insurer with the victim. An independent technical examination or an independent examination (appraisal) is organized by the insurer in case of contradictions between the victim and the insurer concerning the nature and list of visible damage to property and (or) the circumstances of causing damage in connection with damage to property as a result of a road traffic accident.

(see text in previous edition)

If the victim fails to provide the damaged property or its remains for inspection and (or) independent technical expertise, independent expertise (assessment) on the date agreed with the insurer, the insurer agrees with the victim a new date for the inspection and (or) independent technical expertise, independent expertise (assessment) of the damaged property or its remains. In this case, if the victim fails to fulfill the obligation established by paragraphs 10 and this article to submit damaged property or its remains for inspection and (or) independent technical expertise, independent expertise (assessment), the time period for the insurer to make a decision on insurance compensation, determined in accordance with paragraph 21 of this article for excluding non-business holidays.

(see text in previous edition)

The compulsory insurance contract may provide for other periods during which the insurer is obliged to arrive for inspection and (or) independent technical expertise, independent expertise (assessment) of damaged property or its remains, if they are carried out in hard-to-reach, remote or sparsely populated areas.

If the victim fails to present damaged property or its remains for inspection and (or) independent technical expertise, independent expertise (assessment) on the date agreed with the insurer in accordance with paragraphs one and two of this clause, the victim is not entitled to independently organize an independent technical expertise or independent expertise ( assessment) on the basis of paragraph two of clause 13 of this article, and the insurer has the right to return without consideration the application submitted to the victim for insurance compensation or direct compensation for losses together with the documents provided for by the rules of compulsory insurance.

(see text in previous edition)

The results of an independent technical examination independently organized by the victim, an independent examination (assessment) of damaged property or its remnants are not accepted to determine the amount of insurance compensation if the victim has not presented the damaged property or its remnants for inspection and (or) an independent technical examination, independent examination ( estimates) on the dates agreed with the insurer in accordance with paragraphs one and two of this clause.

(see text in previous edition)

In the event that the insurer returns to the victim on the basis of paragraph four of this clause of the application for insurance compensation or direct compensation for losses together with the documents provided for by the rules of compulsory insurance, the terms established by this Federal Law for the insurer to inspect the damaged property or its remains and (or) organize their independent technical expertise , independent examination (assessment), as well as the terms for the insurer to make insurance payments or issue a referral to the victim for repairs or send him a reasoned refusal in insurance indemnity are calculated from the day the victim re-submits to the insurer an application for insurance indemnity or direct indemnification of losses together with the documents provided for by the rules of mandatory insurance.

(see text in previous edition)

12. If, based on the results of the inspection of the damaged property or its remains, the insurer and the victim have agreed on the amount of insurance compensation and do not insist on organizing an independent technical examination or independent examination (assessment) of the damaged property or its remains, the examination is not carried out.

(see text in previous edition)

13. If, after the inspection of the damaged property or its remains by the insurer, the insurer and the victim have not reached agreement on the amount of insurance compensation, the insurer is obliged to organize an independent technical examination, an independent examination (assessment), and the victim - to submit the damaged property or its remains for an independent technical examination. , independent examination (assessment).

(see text in previous edition)

If the insurer has not examined the damaged property or its remains and (or) has not organized an independent technical examination, independent examination (assessment) of the damaged property or its remains within the period specified in paragraph 11 of this article, the victim has the right to independently apply for technical expertise or expertise (assessment). In this case, the results of an independent technical examination independently organized by the victim, an independent examination (assessment) are accepted by the insurer to determine the amount of insurance compensation.

(see text in previous edition)

14. The cost of an independent technical examination, an independent examination (assessment), on the basis of which the insurance compensation is carried out, is included in the list of losses subject to compensation by the insurer under the compulsory insurance contract.

(see text in previous edition)

15. Insurance compensation for damage caused to the victim's vehicle (except for cars owned by citizens and registered in the Russian Federation) may be carried out at the victim's choice:

(see text in previous edition)

by organizing and paying for the restoration of the damaged vehicle of the victim at the service station, which was chosen by the victim in agreement with the insurer in accordance with the rules of compulsory insurance and with which the insurer has concluded an agreement for the organization of restoration repair (compensation for the damage caused in kind);

(see text in previous edition)

by issuing the amount of the insurance payment to the victim (beneficiary) at the insurer's cash desk or transferring the amount of the insurance payment to the bank account of the victim (beneficiary) (cash or bank transfer).

(see text in previous edition)

15.1. Insurance compensation for damage caused to a passenger car owned by a citizen and registered in the Russian Federation is carried out (except for the cases established by paragraph 16.1 of this article) in accordance with paragraph 15.2 of this article or in accordance with paragraph 15.3 of this article by organizing and (or ) payment for the restoration of the damaged vehicle of the victim (compensation for the damage caused in kind).

The insurer, after inspecting the damaged vehicle of the victim and (or) carrying out its independent technical expertise, issues the victim a referral for repair to the service station and pays for the cost of the repair of the damaged vehicle of the victim carried out by such a station in the amount determined in accordance with the unified methodology for determining the amount of expenses for refurbishment in relation to the damaged vehicle, taking into account the provisions of the second paragraph of clause 19 of this article.

When carrying out refurbishment in accordance with clauses 15.2 and 15.3 of this article, it is not allowed to use used or refurbished components (parts, assemblies, assemblies) if, in accordance with the unified method for determining the amount of expenses for refurbishment in respect of the damaged vehicle, replacement is required. components (parts, assemblies, assemblies). Otherwise, it may be determined by agreement between the insurer and the victim.

The minimum warranty period for repair work on a damaged vehicle is 6 months, and for body work and work related to the use of paints and varnishes, 12 months.

In the event that deficiencies in the restoration of a damaged vehicle are identified, their elimination is carried out in the manner prescribed by paragraph 15.2 or 15.3 of this article, unless a different way of eliminating these deficiencies has been chosen by an agreement concluded in writing between the insurer and the victim.

The claim of the injured against the insurer in relation to the results of the restoration repair of the damaged vehicle shall be considered taking into account the specifics established by Article 16.1 of this Federal Law.

15.2. The requirements for the organization of refurbishment are, among other things:

the term for the restoration of the damaged vehicle (but not more than 30 working days from the date the victim presents such a vehicle to the service station or the transfer of such a vehicle to the insurer to organize its transportation to the place of restoration);

criteria for the accessibility for the victim of the location of the restoration of the damaged vehicle (at the same time, at the choice of the victim, the maximum length of the route laid on public roads from the place of the traffic accident or the victim's residence to the service station cannot exceed 50 kilometers, except for the case if the insurer has organized and (or) paid for the transportation of the damaged vehicle to the place of restoration and back);

the requirement to preserve the warranty obligations of the vehicle manufacturer (refurbishment of a vehicle, from the year of manufacture of which less than two years have passed, must be carried out by a service station, which is a legal entity or an individual entrepreneur registered in the territory of the Russian Federation and performing service maintenance of such vehicles from its name and at its own expense in accordance with an agreement concluded with the manufacturer and (or) importer (distributor) of vehicles of certain brands).

If the insurer has an agreement for the organization of refurbishment with a service station that complies with the requirements for organizing refurbishment for a specific victim established by the rules of compulsory insurance, the insurer sends his vehicle to this station to carry out refurbishment of such a vehicle.

If none of the stations with which the insurer has contracts for the organization of refurbishment does not comply with the requirements established by the rules of compulsory insurance for organizing refurbishment in relation to a specific victim, the insurer, with the consent of the victim in writing, may issue the victim a referral for repairs to one of such stations. In the absence of this consent, compensation for damage caused to the vehicle is carried out in the form of an insurance payment.

15.3. With the consent of the insurer in writing, the victim has the right to independently organize the restoration of his damaged vehicle at a service station, with which the insurer does not have an agreement on the organization of restoration repair at the time the victim submits an application for insurance compensation or direct compensation for losses. In this case, in the application for insurance compensation or direct compensation for losses, the victim indicates the full name of the selected service station, its address, location and payment details, and the insurer issues a referral to the victim for repairs and pays for the restoration repairs carried out.

16. Compensation for damage caused to the property of the victim who is not a vehicle is carried out in the manner prescribed by paragraph three of clause 15 of this article.

16.1. Insurance compensation for damage caused to a passenger car owned by a citizen and registered in the Russian Federation is carried out by issuing the amount of the insurance payment to the victim (beneficiary) at the insurer's cash desk or transferring the amount of the insurance payment to the bank account of the victim (beneficiary) (cash or bank transfer) in case:

a) complete loss of the vehicle;

b) the death of the victim;

c) infliction of grave or moderate harm to the health of the victim as a result of the occurrence of an insured event, if in the application for insurance compensation the victim has chosen this form of insurance compensation;

d) if the victim is a disabled person specified in paragraph one of clause 1 of Article 17 of this Federal Law, and in the application for insurance compensation has chosen such a form of insurance compensation;

E) if the cost of restoring the damaged vehicle exceeds the value established by subparagraph "b" of Article 7, paragraph 22 of this article, all participants in the road traffic accident are recognized as responsible for the damage caused, provided that in these cases the victim does not agree to make an additional payment for the repair of the service station;

G) the existence of an agreement in writing between the insurer and the victim (beneficiary).

17. If, in accordance with the second paragraph of clause 15 or clauses 15.1-15.3 of this article, compensation for harm is carried out by organizing and (or) paying for the restoration of the damaged vehicle, the victim indicates this in the application for insurance compensation or direct compensation for losses.

(see text in previous edition)

The insurer places on its official website in the information and telecommunication network "Internet" information about the list of service stations with which it has concluded contracts for the organization of refurbishment, indicating the addresses of their location, brands and year of manufacture of the vehicles they serve, approximate terms carrying out restoration repairs, depending on the volume of work performed and workload, information about their compliance with the requirements for organizing restoration repairs established by the rules of compulsory insurance, and maintains it up to date. The insurer is obliged to provide this information to the victim (beneficiary) to choose a service station when contacting the insurer with an application for insurance compensation or direct compensation for losses.

(see text in previous edition)

The change in the scope of work on the restoration of the damaged vehicle, the time and conditions for the restoration repair must be agreed by the service station with the insurer and the victim.

(see text in previous edition)

The procedure for resolving issues related to the revealed hidden damage to the vehicle caused by the insured event is determined by the service station in agreement with the insurer and the victim and is indicated by the service station when accepting the victim's vehicle in the direction of repair or in another document issued to the victim.

The procedure for resolving issues of payment for repairs not related to the insured event is determined by the service station in agreement with the victim and is indicated by the service station in the document issued to the victim when the vehicle is accepted for repair.

In the direction for repairs issued by the insurer on the basis of paragraph two of clause 15 of this article, the possible amount of additional payment made to the service station by the victim for refurbishment on the basis of paragraph two of clause 19 of this article is indicated.

(see text in previous edition)

In the event that the cost of restoration repair of a damaged vehicle, payable by the insurer in accordance with Clause 15.2 or 15.3 of this Article, exceeds the insurance amount established by subparagraph "b" of Article 7 of this Federal Law or the maximum amount of insurance compensation established for cases of registration of documents on road traffic - a traffic accident without the participation of authorized police officers, or if, in accordance with paragraph 22 of this article, all participants in the road traffic accident are recognized as responsible for the damage caused and the victim agrees in writing to make an additional payment for the restoration of the damaged vehicle, the insurer determines the amount of additional payment that the victim will have to make to the service station, and indicates it in the direction given to the victim for repair.

The obligations of the insurer to organize and pay for the restoration repair of the victim's vehicle, assumed by him on the basis of paragraph two of clause 15 or paragraphs 15.1-15.3 of this article, shall be deemed to have been fulfilled by the insurer properly from the moment the victim receives the repaired vehicle.

(see text in previous edition)

Responsibility for the failure of the maintenance station to comply with the deadline for transferring the repaired vehicle to the victim, as well as for violation of other obligations for the restoration of the victim's vehicle, shall be borne by the insurer who issued the order for repair.

(see text in previous edition)

17.1. If the Bank of Russia detects a repeated (two or more times) in one year violation by the insurer of its obligations for restoration repairs, including the obligations to arrange and (or) pay for it, the Bank of Russia shall have the right to decide to restrict such insurer's performance of compensation for damage caused by in kind in accordance with clauses 15.1 - 15.3 of this article for a period of up to one year (hereinafter - the decision on restriction). The insurer who has received the decision on the restriction, in relation to the victims who apply for insurance compensation for harm or direct compensation for losses after the date of the decision on the restriction, shall compensate for the damage caused to the vehicle in the form of an insurance payment, except for the case when the victim notified the insurer on the adoption of a restriction decision in relation to him, confirms his consent to compensation for damage caused to his vehicle, in kind. In this case, the insurer organizes and (or) pays for the restoration of the damaged vehicle in accordance with