MTPL insurance event: what is considered an insurance event, what are the limits, exceptions, where you can get compensation and what to do if the insurer refuses to pay.
An accident is an unpleasant situation that can lead any driver to stress. In this state, a person needs outside help, which is why motorists so often use the services of car lawyers.
An insured event for compulsory motor third-party liability insurance will be paid by the insurer only if the driver injured in the accident does everything right, behaves appropriately, takes care of documents and photographs confirming the fact of damage to him.
What is a CTP insurance case?
To be sure that you can receive compensation from the insurer, you must clearly understand whether your case is insured.
The main features of this are:
- The culprit of the collision has a policy of “auto-citizen” and is located in the vehicle indicated in it.
- The guilty and the injured parties must be clearly identified, only in this case the insurer will pay the damage to the injured driver.
Consider examples of insurance claims. The driver did not have time to brake before the traffic light and crashed into a car that stopped in front of him. The owner of the damaged car will receive a refund from the company that issued the policy to the culprit of the road accident.
Or, for example, a truck, driving past a passenger car, hooked on its side and scratched the body. Repair of a damaged car will be carried out at the expense of the insurer.
Remember that OSAGO covers only the responsibility of the driver to other motorists. He will repair his own vehicle if he does not have a CASCO policy.
How much insurance indemnity can I expect?
Compensation under compulsory motor liability insurance is carried out only by the affected party.
The current legislation establishes the following maximum amounts of compensation:
- up to 100 thousand rubles – during the execution of the Euro Protocol. In the presence of minor mechanical damage and by mutual agreement of both parties, a notice of an accident is compiled independently, without contacting the traffic police. If there is disagreement over the guilt of one of the drivers, calling an inspector is mandatory.
- up to 400 thousand rubles – in case of damage to vehicles, luggage, property of third parties, as well as objects of road infrastructure, nearby buildings.
- up to 500 thousand rubles – in case of harm to health, life of people.
Where to get compensation
If you are an injured party, then you will receive a refund from your insurer. This is called direct damages.
It is possible subject to three basic conditions :
- As a result of the accident, only the car was damaged, people and property were not injured.
- At least 2 vehicles were involved in the road accident (the trailer is considered part of the vehicle).
- All participants in the accident have a valid “auto citizen” policy.
If at least one of the listed conditions is not fulfilled, the option of direct compensation for damage is not possible. Compensation will not have to go to your company, but to the insurer of the culprit.
When they can refuse
The insurance rules and applicable law provide for cases when a victim may be refused insurance compensation.
The refusal of an insured accident insurance may be justified by one of the following reasons:
- the driver who was driving is not indicated on the policy;
- the victim claims money for loss of profit, moral damage;
- the damaged car was used at a special site for driving training, testing, competitions;
- caused environmental damage;
- damage arose as a result of exposure to cargo carried on the machine;
- the employee’s health has been harmed during the performance of his duties if he already has a social or other insurance policy for which he is entitled to compensation;
- the employer suffered losses due to injury to his employee;
- damage to the car or the cargo carried on it is caused by the driver himself;
- The vehicle was damaged while driving through the official territory of the organization, enterprise, during loading and unloading operations;
- destroyed or damaged antique objects, architectural values, cash, works of art, other objects of intellectual property;
- the amount of damage exceeds the limit established by law (in case of exceeding the maximum amount, the difference must be compensated by the culprit of the accident, it is recovered through the court).
What to do in case of refusal of compensation
If your case does not apply to any of the exceptions listed above, you can expect to receive money from the insurance. However, it is not uncommon for insurers to refuse to pay.
In this case, you will have to fight for your right to receive money yourself. If you are unsure of your abilities, seek legal advice from a professional.
A lawyer will help with the selection of a document, the search for witnesses and will even represent your interests in court.
With a successful outcome of the case and a court decision in your favor, you will receive not only compensation for the damage caused to your car. The defendant also reimburses all costs associated with legal costs and payment for the services of a lawyer.
Before filing a lawsuit, try to resolve the conflict peacefully. Send a claim to the head of the insurance company.
In it, indicate all the details of the case: the reasons for the damage, the cost, the time frame in which it was necessary to pay compensation. Inform the insurer of the intention to defend your rights in court.
Do not forget to indicate personal data, contacts, attach copies of documents in the claim: policy, traffic police certificate, expert opinion, your passport.
According to the current legislation, management is obliged to respond to your claim within 10 days. If after this period no answer has been received, you can go to court with the same set of documents.
We have examined in detail what OSAGO, an insured event, payments for “motor citizens”. Now you know where to apply for compensation and in what cases you have the right to defend your rights to receive money for the repair of a damaged car.