Direct damages for CTP: statement, conditions, procedure
The driver has no right to drive his car or motorcycle without a driver's license, vehicle registration document, technical inspection certificate and insurance policy. It is a document signed with the insurance company about compulsory insurance of civil liability of vehicle owners, or OSAGO, protects the interests of citizens affected in a road traffic accident, as well as their property. In order to reduce the time of payment of insurance compensation and simplify the paperwork, in August 2014, they amended the Law on motor citizenship. These changes have introduced a direct indemnity (ISL) procedure for compulsory motor TPL insurance.
What is the “Direct Damages System”?
Insurance payments covering the resulting property damage under OSAGO contracts were previously made by an insurance company that implemented the policy of the perpetrator of a traffic accident.There was a situation when the injured person had to spend a lot of personal time to visit the insurance company’s office of the person responsible for the emergency event in order to receive the insurance payment. Conditions changed on August 2, 2014. From this date to the present day, the injured person in a transport event has the legal right to use the services of an insurer, who has his civil liability insured, and to demand payment of compensation for the damaged car.
PVU or Europrotol?
The introduction of direct damages caused confusion for ordinary OSAGO users by its similarity. However, the difference in concepts is significant.
The Europrotocol is a document that is drawn up at the scene of a traffic accident by one of its participants, but all the information in it is recorded by the signatures of two drivers. This document is completed under the condition that the amount of the damage caused does not exceed fifty thousand rubles, and also none of the citizens was injured. When filling in Europrotocol, police officers are not called to the scene.
Direct indemnification is a valid article of the law, which allows the insured to go to his insurer for the receipt of a CTP insurance payment in the event of an emergency event if conditions are established by law.
If any of the concepts are used, there are similar characteristics of the accident with vehicles: people were not injured and property was not damaged.
Main criteria for PES
There is no legislative document on direct damages. For the qualitative implementation of the SSP, the criteria in the Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” were improved. After such amendments, the Rules of CTP and the Agreement on Direct Indemnity for CTPL were finalized. In these documents, the basic requirements have been developed for the direct coverage of CTP insurance losses, the presence of which will allow it to be applied if:
- a road traffic event occurred with the participation of two cars (from September 25, 2017 the number of cars may be more);
- all participants in the incident have an OSAGO contract that is valid at the time of the insured event;
- only vehicles were damaged (the life or health of citizens, as well as other property were not injured);
- the originator of the incident has been clearly identified;
- insurers of participants in the road incident have valid permits (licenses).
When the SSP is not valid
If the circumstances of the accident are not suitable for at least one of the above criteria, the victims in the insurance event will not be able to issue a claim form for direct damages for CTP in the office of the organization with which the motor vehicle contract is concluded. For receipt of payment, you will need to contact the insurer's office of the perpetrator of the accident and act on generally accepted conditions.
In addition, there are a number of reasons why it is impossible to obtain direct compensation for damages under CTP, namely:
- clarification of the circumstances of the incident requires judicial intervention;
- emergency incident is not designed in accordance with the approved procedure;
- there is no clear agreement between participants of the insured event, and there are different positions on payment issues;
- the responsibility of one of the participants is insured under international compulsory insurance "Green Card".
Execution of a statement of direct damages for CTP
In order to get closer to the moment of receiving compensation, the injured party involved in the accident must first complete an application template. You can print out the form of direct damages for compulsory motor TPL insurance from the insurer's website or directly at the office of the insurance company. When entering information into the form, it is necessary to focus on the required fields to fill in:
- the name of the insurance company, which should be rewritten from the auto-citizen agreement;
- surname, name and patronymic, as well as place of residence;
- if the guarantor is involved in the execution of documents, then it is necessary to enter information about him;
- detailed circumstances of the traffic accident;
- information about the perpetrator of the accident, his vehicle;
- terms of the car to determine the damage caused.
Documents required to receive insurance compensation for the PES system
In addition to filing a properly executed application for direct indemnification of CTP insurance, AlfaStrakhovanie, like other leading insurance companies,requires a certain legislative list of documents:
- Traffic accident notice. For this purpose, the Europrotocol protocol form is used, which is filled out and signed by the participants of the event personally without the involvement of police officers. In the case of an accident recorded by a police inspector and a protocol drawn up, an official certificate is attached to the application in the approved form No. 748.
- Copies of the protocol and other documents that were drawn up at the scene of the emergency event by the arrived police officers.
- Copy of vehicle registration document or vehicle power of attorney.
- Cash documents that confirm the fact of payment for the services of a tow truck, a transport expert, a lawyer and other specialists directly involved in the elimination and minimization of the consequences of an accident.
- A notarized power of attorney to receive the amount of insurance payment, if necessary.
Additional list of documents
The main list of documents on insurance CTP for payment insurance companies can add:
- copy of the insurance agreement OSAGO;
- a copy of the document confirming the person of the insured, injured in the accident (passport, driver's license, passport);
- bank details for transferring the amount of insurance coverage of losses to the settlement account of the affected client.
Stages of payment of insurance compensation
The procedure for direct compensation of damages under CTP provides for the gradual passage of documents, including refusal or the payment of insurance payments:
- Documentary registration of a traffic accident (traffic police protocol, Europrotocol).
- Collection and submission of all documents to the office of the insurance organization no later than five working days.
- Responsible employees of the insurer, after processing the documents, either refuse to make the payment or continue to complete the settlement of payments.
- The appraiser of the insurance company inspects the damaged vehicles and assesses the damage. If the preliminary calculations are understated, the policyholder has the right to make an independent examination. However, its cost will be paid by the insured.
- After agreeing the amount of the loss, the insurance indemnity is transferred to the bank account of the victim.If the policyholder agrees to carry out the restoration work at a particular car repair shop, then the funds are transferred to her account.
- The insurer, who has listed the insurance indemnity to the injured insured, makes mutual settlements with the insurance company of the person responsible for the accident.
Denial of direct damages
There are situations when, according to all available criteria, the insurance company is obliged to charge and pay insurance compensation. However, the insurer sends the insurer an official refusal to direct damages for the CTP. The reasons for which the payment is not made are as follows:
- a similar application for payment was sent to the insurance company of the perpetrator;
- the notice of a road traffic event was filled out on the Euro-protocol form, although circumstances required the involvement of traffic police officers;
- the accident occurred while participating in competitions, teaching how to drive, test a vehicle;
- during a transport accident, material assets, securities, antiques are damaged;
- road accident participants dispute the degree of fault and the circumstances of the accident, which requires judicial intervention;
- the delay in the insurer's notification of the event;
- the injured policyholder requires compensation for non-pecuniary damage or loss of possible profits;
- the insurer of the perpetrator did not sign the Agreement on the SSP.
Features of direct indemnification for compulsory motor liability
In direct compensation for damage, some nuances are taken into account. The amount of insurance compensation varies depending on the type of traffic event. Taking into account these differences, the insurer of the perpetrator of the event will transfer the amount of money only within these limits. Given the effect of such rules, all insurers, parties to the SSP Agreement, easily part with small payments. At the same time, if the amount of damage is significant, then you should expect from your insurance company to underestimate the amount of accrued damage.
What to do if the insurer denied the SSP
Receiving a refusal to pay direct damages from your insurance company is not a reason to refuse to receive payment. To do this, contact the insurance company responsible for the accident. In this case, the process will be a bit delayed, however, there is a great chance to receive an insurance payment from another's insurer.
It should be remembered that all the documents necessary for payment should be completed in accordance with the rules and circumstances of the incident. False information will lead not only to a delay in payment, but also to a complete refusal to pay damages.
Who is eligible for an SSP
Taking into account the recent changes in the Federal Law (FZ) “On OSAGO”, direct compensation for losses is carried out both to the injured insured and to the owner of the auto-insurance contract. Not only the owner of the vehicle, which is entered in the data sheet, but also the driver who is driving the car legally: the power of attorney for the car, was entered in the current policy, can give a message about the accident and the filling of the forms on the PVU.
Insurance Payment Options
The current conditions for direct indemnification of compulsory motor third party liability insurance provides for two possibilities of obtaining insurance to cover the losses incurred: monetary and in-kind. Since May 2017, the monetary insurance system has ceased to be the main form. Now, insurance companies are obliged to offer the insured to repair the damaged car in a pre-agreed auto repair shop.In this case, the insurer must repair the insured car no more than thirty days in the service station, which is located no further than 50 kilometers from the residence of the insured or the accident site. The recommended service station must guarantee the quality of work for half a year, and for paintwork and bodywork work for at least a year.
If the insurance company cannot ensure the fulfillment of all these conditions, the policyholder has the right to claim monetary compensation for the damage suffered. The amount of insurance compensation is transferred to the bank details specified in the application for the SSP.
Considering some difficulties in obtaining insurance compensation for compulsory third-party insurance, car owners should be aware of the presence of voluntary types of vehicle insurance.