Application for compensation for losses on OSAGO form. How to file a claim for direct damages

Bank of Russia
dated September 19, 2014 N 431-P
"On the rules of compulsory insurance
civil liability
vehicle owners"

(the form)

___________________________________________________________________________ (name of the insurer) Application about insurance compensation or direct reimbursement losses under a compulsory insurance contract civil liability of vehicle owners 1. Victim (beneficiary, representative of the beneficiary) (underline as appropriate) ____________________________________________________ (full name of the legal entity or last name, first name, patronymic) individual) ___________________________________ _____________________________________ (date of birth of an individual) (TIN of a legal entity) ______________________________________________ _____________ ____________ (certificate of registration of a legal entity (series) (number) or an identity document of an individual) Address ___________ _________________________________________ _____________ (zip code) (state, republic, region , region) (district) _______________________ _______________________ _____ ________ __________ ( locality) (street) (house) (building) (apartment) Telephone _________________________________________________________________ 2. Damaged property Owner _____________________________________________________________ (full name of the legal entity) _______________________________________________________________________________ (last name, first name, patronymic of the individual) ___________________________________ _____________________________________ (date of birth of the individual) (TIN of the legal entity) ________________________________________________ _____________ ____________ Address ___________ ________________________________________ _________ (for (zip code) (state, republic, territory, region) (district) correspondence) _______________________ _______________________ _____ _________ __________ (settlement) (street) (house) (building) (apartment) Information about the damaged vehicle Make, model, category vehicle _________________________ Vehicle identification number ________________________________ Year of manufacture of the vehicle _________________________________ Vehicle registration document ___________________________ (passport of the vehicle _______________________________________________________________________________ vehicle, vehicle registration certificate, passport of a self-propelled machine or similar document) ____________ ___________ _________________ (series) (number) (date of issue) State registration mark ____________________________________ Information about other damaged property Type of damaged property _____________________________________________ Type and details of the document confirming the ownership of the damaged property: _______________________________________________________________________________ Information about harm to life/health Person whose life/health was harmed ________ ___________________ (last name, first name, patronymic of an individual) Nature and degree of damage to health _________________________________ _________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _________________________________________________________________________ ____________________________________________________________________________ Are there any additional /-\ /-\ expenses for treatment, restoration of health: yes, no \-/ \-/ /-\ /-\ Is there any lost earnings (income): | | yes, | | no \-/ \-/ Relation to the deceased person (degree of relationship) ____________________________ 3. Information about the insured event Date and time insured event: __.__.20__,__:__ Address of the place where the insured event occurred: ____________________________ _______________________________________________________________________________ The driver who drove the vehicle, the use of which caused harm: _______________________________________________________________________________ (last name, first name, patronymic of an individual) ___________________________________________________________________________ _________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ ______________________ ________________________________________________________ 4.1. I ask you to make an insurance indemnity / direct indemnification (underline as appropriate) under the contract of compulsory insurance of civil liability of vehicle owners series _____ N ________, issued by the insurance company _______________, by: | | organization and payment refurbishment of the damaged \-/ vehicle at a service station selected from the list proposed by the insurer: _____________________________________________________________________________ at _______________________________________________________________ On the date of handover of the repaired vehicle, please inform me in the following way (by phone, mail, e-mail): ______________________________________________________________________________ or /-\ | | and by paying the cost of restoring the damaged \-/ vehicle of the service station: Full name _____________________________________________________ Address _________________________________________________________________ Payment details: Beneficiary's bank: ______________________________________________________________ Beneficiary's account: ______________________________________________________________ Correspondent account: _________________________________________________ BIC: __________________________________________________________________________ TIN: __________________________________________________________________________ Indication of the service station not from the one proposed by the insurer the list is possible only for cars owned by citizens and registered in the Russian Federation, and with the consent of the insurer in writing. 4.2. Please implement insurance payment in the amount determined in accordance with the Federal Law of April 25, 2002 N 40-FZ "On compulsory insurance civil liability of vehicle owners": /-\ | | in cash; \-/ or /-\ transfer by bank transfer to the following details: \-/ Beneficiary's name: ________________________________________________ Beneficiary's bank: ______________________________________________________________ TIN: __________________________________________________________________________ Clause 4.2 is filled in when making an insurance payment in case of harm to the life or health of the victim, as well as in the presence of the conditions provided for in clause 16.1 of Article 12 of the Federal Law of April 25, 2002 N 40-FZ "On Compulsory Insurance of Civil Liability of Vehicle Owners ". 5. Attached to this application is the following document s:

Document *** (copy/certified copy/original - specify)	Qty sheets
Identity document
document certifying the authority of the representative beneficiary
Bank details for the transfer of insurance payment
Consent of guardianship and guardianship authorities
Information about a traffic accident
Traffic accident notification
Protocol on an administrative offense, decisions on case of an administrative offense
Determination on refusal to initiate proceedings on administrative offense
In case of damage to property
Documents confirming the ownership of the damaged property or the right to insurance payment
The conclusion of an independent examination (assessment)
Documents confirming payment for the services of an expert technician (appraiser)
Documents confirming payment for evacuation services damaged property
Documents confirming payment for storage services damaged property
In case of harm to life / health
Documents issued and executed by a medical organization, with an indication of the nature of the injuries and injuries received by the victim, diagnosis and disability
The conclusion of the forensic medical examination on the degree of loss general or professional working capacity
Certificate confirming the fact of establishment of disability or category "disabled child"
Ambulance station help medical care about the medical care at the scene of a traffic accident
Certificate or other document on average monthly earnings (income), scholarships, pensions, allowances
Statement containing information about family members of the deceased victim
Copy of death certificate
Birth certificate of the child(ren)
Certificate of the educational organization
Conclusion (certificate of a medical organization, authority social security) about the need for outside care
Certificate of the social security authority (medical organizations, local authorities, employment services) that a parent, spouse or other family member the deceased does not work and is busy caring for his relatives
Marriage certificate
Documents confirming the expenses incurred for the burial
Extract from the medical history
Documents confirming payment for the services of a medical organization
Documents confirming payment for purchased medicines
Other documents

Victim (beneficiary, representative of the beneficiary) ______________ (______________________) (signature) (full name) "____" ______________ 20___ (date of filling out the application) Insurer (representative of the insurer) ______________ (______________________) (signature) (full name) "____"______________ 20___ (date of receipt of application)

In Russia, direct compensation for damages began to be used quite recently. The main goal of the PVU is to simplify the process of payments under the OSAGO insurance policy.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

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Direct Compensation (or DDR) is an application by the owner of a car damaged in an accident to his insurer, bypassing the company at fault. The PES program, as well as, came to Russia from European legislation, with the introduction of a number of amendments that take into account the specifics of the Russian legislative framework and the actual state of affairs.

The PES should be distinguished from the Europrotocol, since the concepts themselves differ in the scheme of their application. The Europrotocol is the document itself, drawn up by the participant in the accident, signed by both parties to the participants without the involvement of traffic police officers.

With a requirement under the European protocol, they turn to the insurer of the guilty party. A PES operating under an OSAGO policy is a rule according to which the injured party must apply for damages to the company that issued the policy.

In addition, the situations of applicability of the PES and the Europrotocol differ. Registration of the latter is possible provided that the scale of damage has not exceeded the limit in 50 thousand rubles.

If this threshold is exceeded, the call of the traffic police officer is inevitable. The similarity of the European protocol with the PES is the insignificance of damage, without causing harm to the health and life of the participants in the incident.

References to the law

The provisions on direct compensation for losses were legally approved after the amendments were made to the Law “On Compulsory Motor Third Party Liability Insurance” in 2014. This law regulates the procedure for dealing with an accident and the right of victims to contact their insurer directly, bypassing the company of the guilty party.

The right to claim compensation for harm is regulated by the provisions of the Federal Law No. 40 "On OSAGO".

According to the law, in order to receive compensation under OSAGO, the nature of the accident must meet the following parameters:

the cause of the accident was a collision of two vehicles (including trailers to them);
Only the participants in the collision were recognized as injured in the accident.

If several vehicles are damaged as a result of a collision on the road, the claim for compensation must be addressed to the insurer of the person responsible for the accident.

Amendment to the Law of 2.08.2014 introduces a provision on non-alternative direct compensation for losses, according to which the victim receives compensation for damage from the company that issued the CMTPL policy to him. This amendment applies to all policies issued after August 1, 2014, as well as to all insurances in force at that time.

Since most road accidents are two-vehicle collisions, PES is widely used in auto insurance.

Controversial moments of such a document

Applicability Criteria

The law fixes the following applicability criteria under which direct compensation for losses is possible:

the nature of the accident - the interaction of two cars;
both participants in the accident have OSAGO insurance;
only these vehicles were affected by the interaction;

The presence of all three of the above conditions gives the right to file an application for direct compensation for losses under OSAGO. If the guilty party does not have an OSAGO policy, compensation for damage will be presented to him personally.

Reasons for rejection

The insurer may refuse to indemnify for damages under the PES based on the following provisions:

The conditions for the application of the PES by any of the parties involved in the insured event are not met	the insurer of the guilty party lost its license as of the date of application; the insurance contract with the guilty party was invalid as of the date of application; as a result of an accident, victims were identified who suffered damage to health or life; the insurance contract with the injured party was terminated at the time of the accident; at the time the victim applied for the PES, the insurer of the guilty party already had an application for compensation.
Documents on the insured event were not executed properly	the notice of the fact of an accident was filled out by only one participant in the event (in the event that a traffic police officer was not involved in the execution of documents in the circumstances provided for by law); there are disagreements between the participants in the accident regarding the nature of the damage and their extent; non-compliance with the terms of insurance in terms of reality insurance contract and compliance with statutory insured events.
Impossibility of determining the guilty party	Or the conviction of a person who does not have the right to use this vehicle.
Violation by the injured party of the rules for obtaining compensation under insurance	the repair of the damaged vehicle carried out prior to the inspection by the insurer does not allow proving the involvement of the damage in the insured event and determining the amount of damage in the accident; failure to provide the insurance company with damaged property for examination within the terms established by the contract.

The Civil Code stipulates the following reasons for refusing compensation under the PES:

the victim deliberately did not take measures to reduce his losses;
if the car is damaged, malicious intent on the part of the policyholder is proven;
the damage was caused by radiation, nuclear explosion, hostilities, popular indignation.

When to Use

PVU is used when receiving damage in an accident and submitting an application to the insurer in the following situations:

the civil liability of both participants is insured under OSAGO;
the incident is not related to harm to health, and only concerns damage to property;
there are no doubts about the guilt of both parties, and the culprit of the accident is obvious;
cars damaged in an accident are registered in the ownership of individuals and do not belong to organizations;
the insurer of the culprit operates under a valid license.

The possibility of applying for a PES applies to all injured persons, regardless of whether it is indicated in the OSAGO insurance policy.

Additional terms

Provided papers

In order to receive damages, insurance company the following documents are presented:

an identity document of the applicant;
a document with information on where to send the funds for compensation;
notice of an accident;
Protocol and Resolution on administrative violation;
vehicle registration documents;
confirmation of the right to an insurance policy (in the case of renting or acquiring funds on lease);
results of an independent examination (if any).

A mandatory document for the insurance company in cases without calling a traffic police officer is the provision of a notice of an accident, the form of which is received when drawing up an OSAGO agreement.

Other nuances

When applying for a PES refund, there are a few things to keep in mind:

There is a high probability of refusal of the insurer due to incorrect or incomplete paperwork by the victims.
The opportunity to receive compensation in the event of a discrepancy between the person who drove the vehicle and the persons indicated in the insurance policy has appeared quite recently. Previously, companies refused in such situations.
According to the insurance rules, for the legality of applying for a PES, only a certificate from the traffic police on force 748 is provided.
If the amount of damage did not exceed the amount 50 thousand rubles, and the circumstances of the accident comply with the requirements of the PES, you can file the damage without involving the police.

Form design

An important point for the successful receipt of compensation is the correct execution of the form, which should contain the following information:

the name of the organization that issued the policy;
indication of the full name of the victim, his exact address, contact phone number;
information on the nature of the damage (vehicle, other property, life, health);
the circumstances of the accident, indicating the date and time of the accident (data on the circumstances of the accident must be taken strictly in accordance with the information from the Certificate of the accident and the notice);
list of organizations notified of this event;
information about the car of the guilty party and his personal data;
information about the driver responsible for the accident;
data on the insurance policy of the guilty party;
details of the owner of the affected vehicle;
data on damaged car(brand, manufacturer, state number, VIN, year of manufacture);
indication of the type of document for the car;
information about the driver who was driving the car at the time of the accident;
a list of other property damaged in the accident.

Where should I apply for direct compensation for OSAGO damages?

The procedure for obtaining a PES is simplified as much as possible. The injured party applies to the company that issued the OSAGO policy, writes an application for direct compensation for losses under OSAGO and applies all Required documents, confirming the fact of an accident and the eligibility of applying for a PES.

An important condition for filing an application is compliance with the deadlines established for this procedure under the current OSAGO agreement. After the expiration of the period specified by the contract, the company has the right to refuse to make the payment.

Having accepted the application from the victim, the insurer inspects the car and decides on the appropriateness of payment. Most companies complete these steps within 15 days from the moment of application.

If the victim applies for compensation to the insurance company of the culprit, then he will be denied compensation under the PES in his organization that issued the policy, and from the point of view of the law, such an action is unacceptable and can be regarded as “fraud”

Reimbursement principle

The procedure for obtaining a PES after submitting an application to the insurer is as follows:

The time allotted for the victim to contact the insurance company is 5 days. All necessary documents and an application can be submitted in person at the company's office, or sent by registered mail with notification.
In order to receive compensation, the applicant must submit his car to the company for inspection. The examination is carried out by an appraiser of the insurance company or an independent expert. The applicant acquires the right to independently choose an expert and conduct an assessment if the insurer has not completed the necessary actions within the established time frame.
The applicant has the right to choose the method of obtaining PES: money for repairs or the performance of the repair work itself at the service of the insurer.
For the fulfillment of obligations under the PES is allocated 20 working days from the moment the insurer receives the application and all necessary documents.
If the company has not fulfilled its obligations within the specified period, the applicant has the right to recover from the company 1% from the sum insured.
If the company fails to notify the refusal of payment in a timely manner, the applicant has the right to recover 0,05% from the amount of compensation.
In cases where the maximum limit for OSAGO payments is not enough to cover the damage, the guilty party will compensate for the difference.

(shortly PES) 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 OSAGO insurance. Let's study what its essence is, look at the application form filled in in these cases, and analyze whether it has become easier for drivers and the UK.

Legal basis

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

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

The insurer carries out PVU on the basis of civil liability insurances of both participants in the accident. Having compensated for the loss, he turns to the insurer of the guilty party. The latter is obliged to indemnify, in turn, the loss to the insurer that paid the PES. Payments are made on the basis of a document concluded between the members of the RAMI: "Agreement on direct compensation for losses."

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

What does PVU mean?

Under the PVU understand the appeal of the injured party in an accident directly to their insurance company, and not to the company responsible for 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 apply either to our own or to the IC of the culprit of the accident.

Since August 2014, however, changes have come into force. According to them, the so-called non-alternative direct damages were introduced. Now, if there are clear signs of an accident, the PES should be reimbursed only in its insurance company.

When to apply for a PES

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

Both drivers have not only a valid OSAGO insurance policy, but also civil liability insurance.
Damage was only to property. No people were injured in the accident.
One of the participants was responsible for the accident.
The insurance company of the culprit has a valid license to operate.

Indemnification and Europrotocol

Sometimes, due to the presence of some similarities, the PES is confused with the Europrotocol. However, these two concepts are completely different. Europrotocol - 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 SC.

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

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

Denial of refund

Even if the accident will have all the signs for which the insured must compensate the victim, he has the right to refuse this in the following cases:

If the victim has already filed an application with the IC responsible for the accident.
The participants in the accident drew up a European protocol and did not call a traffic police officer, despite the fact that they have different opinions about what happened.
There are litigations due to traffic violations.
The insurer was not notified in time about the occurrence of the insured event.
The accident damaged the Central Bank, antiques, intellectual property, items of religious value.
The insured wants to compensate for moral damage or lost profits.

How to get an insurance payment and what not to do

So, in order to avoid problems with payment, a certain procedure for indemnification should be followed. To do this, within the time limits established by law, you must submit an application to the insurance company. The necessary documents are also collected. From his insurance company, the insured receives a referral for an examination and a list of companies where he can implement it. At this time, the insurer asks the IC of the guilty party of the accident for consent to payment. With a positive decision, the victim receives money for repairs to the account indicated in the application.

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

Tip: never repair your car until the money is credited to the account. If suddenly you are refused, you can appeal the decision. If the amount is too small to cover all costs, there are also various steps you can take to achieve full reparation. However, if you hurry and repair the car earlier, then nothing can be done.

Peculiarities

The PES agreement contains rules that define fixed amounts for various types of road accidents. Based on these amounts, the guilty person's IC will reimburse your IC for a certain amount, which differs from what you receive.

Because of this norm, insurers pay without problems small amounts. Then both the insured 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 look for tricks so that you go directly to the IC of the culprit of the accident.

It is clear that insurance companies are trying to find ways to pay less. However, as a result of these manipulations, policyholders suffer, that is, victims of a traffic accident who are clients of the insurance company. They are forced to spend their nerves and time trying to get a payment that will cover the cost of car repairs.

How to deal with SC manipulation

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

All documents must be completed very carefully. Any incorrect information will result in delays at best and rejection at worst. Corrections when filling out, for example, notices of an accident, are also unacceptable.

Not only the policyholder is entitled to a PES, but also the injured party. At the same time, the names included in the policy do not matter, and to whom it is issued technical certificate on the car. The claim for direct damages is submitted by the driver who was driving when the accident occurred. Of course, we are talking about those cases in which he had the right to be a driver under OSAGO: that is, he was included in the policy or OSAGO involves the use of a car without restrictions.

Where to apply?

If all features of the accident are covered by a non-alternative PES settlement, but both insurance companies have their licenses revoked or bankruptcy proceedings are under way, 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 one applies to the RSA, even if the conditions for obtaining a PES are not met.

For example, the Auto Insurers Union will pay compensation if more than two cars were damaged in an accident, but the IC has its license revoked or is in a state of bankruptcy.

The same applies to cases where people have been injured due to an accident.

PCA will pay compensation to the injured person when the culprit remains unknown, in the event that people were injured.

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're involved in an accident, it's best to notify your insurance company immediately. hotline. If the accident meets all the above conditions, all your actions were correct and an agreement on civil liability was concluded, compensation for losses according to the described system must be made.

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

In 2018, the law regulating relations between insurance companies and policyholders in the field of compulsory auto insurance was amended to allow a person injured in a traffic accident to exercise the right to direct compensation for losses.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

It's fast and IS FREE!

That is, apply for an insurance payment to your insurance company, and not to the organization that insured liability. This innovation allows policyholders to significantly reduce the time to receive insurance compensation.

In what cases is prepared

You can take advantage of the possibility of direct compensation under strict compliance with the following conditions:

A road accident happened between two cars. If one or both motor vehicles are equipped with trailers, it is considered that one (respectively two) motor vehicles got into an accident;
As a result of the collision, damage was caused exclusively to cars. If damage is caused to the health of drivers or passengers, personal property of the driver or passengers, as well as city property, including those that are of historical value, then direct compensation is unacceptable;
by mutual decision, the fault of a particular driver was established. If there is disagreement on this issue, then it is more expedient to involve traffic police officers in the investigation of the accident. When establishing mutual guilt, direct payment is not allowed;
each driver has a valid compulsory auto insurance policy at the time of the accident;

If one of the drivers does not have a policy, then the insurance company cannot compensate for the damage, since it does not have the right to subrogate (claim a loss from the insurance company responsible for the accident).

It is advisable to check the authenticity of the autocitizen before starting. You can do this in as soon as possible through the Internet.

the driver's insurance company at the time of the accident is not deprived of a license for compulsory auto insurance.

If the insurer no longer has the right to sell OSAGO policies, then in order to compensate for the damage, it is necessary to contact the union of motor insurers. This organization does not have the right to engage in direct payments for insured events.

Direct damages are not allowed if:

at least one of the conditions established by law is not observed ();
the European protocol is incorrectly filled out, which is the main document when registering an accident without calling the employees of the State traffic inspectorate or there are disagreements between the protocols of the culprit and the victim;
the damage to the car was caused as a result of participation in competitions or while learning to drive. These actions are not subject to compensation under the OSAGO insurance contract, therefore it is impossible to receive direct compensation;
the insurance company was notified of the traffic accident later than the deadline established by the rules of the organization and the insurance contract;
the issue of guilt in an accident is decided by the judiciary. If one of the parties filed statement of claim for the purpose of establishing culpability in a traffic accident or for other reasons, the direct refund will be suspended pending a judgment.

If the amount of damage caused is estimated by the injured party at more than 50,000 rubles, then the registration of a traffic accident should be carried out with the participation of traffic police officers. However, this fact does not mean that there is no possibility of a direct settlement of the issue.

Blank document

To take advantage of the possibility of direct compensation for damage, it is required to submit a written application to the insurance company in a timely manner.

The document must contain:

the name of the insurance company to which the application is submitted. Data can be taken from the autocitizen policy;
Name and address of the victim (owner insurance policy);
data of the principal, if the compensation is received not by the owner, but by a trustee;

information related to the accident: date, time and place of the accident, damaged property, circumstances of the accident, and so on. It should be remembered that in order to receive a loss in a direct manner, damage can only be caused to vehicles;

data on the vehicle and the driver who caused the collision;

information about the injured party and his property;

the procedure for inspecting the car in order to identify the damage caused;

An addition to the application is the act of acceptance - transfer of the attached documents. The document states:

additional information filled in by a representative of the insurance company.

A sample of filling out an application for direct compensation for losses under OSAGO

How to correctly fill out an application for direct compensation for losses under OSAGO can be seen in the example:

When filling out the document, remember that:

only reliable information is provided;
All fields are filled in legibly, without blots.

All of the above reasons can serve as a denial of damages.

What documents are attached

Documents proving certain circumstances of the traffic accident must be attached to the claim for damages.

Mandatory are:

. The document is issued by an insurance company when purchasing an auto citizen. The notification is filled in by both participants in the collision and reflects all aspects of the accident, including the damage received;
if employees of the State traffic inspectorate were involved in the investigation of the accident, then it will be required. This document, as well as the notice, reflects the main circumstances of the collision;
copies of documents that can confirm the ownership of the injured car. This may be a TCP or issued upon registration;
a document proving the identity of the applicant and a copy of the driver's license. If it is not the owner of the car who is counting on receiving the compensation, but another person, then a power of attorney to represent the interests of the owner will be required;
if the accident was committed on a car that is the property of a legal entity, then a waybill issued by the dispatcher of the organization and certifying the route along which the vehicle was supposed to move will be required.

If traffic police officers were called to the scene of a road accident, then copies of documents drawn up by representatives of the traffic police will be additionally required:

a protocol on an administrative offense, as a result of which a collision occurred;
a decision on an administrative offense indicating all significant factors;
refusal to initiate proceedings on the fact of committing an offense.

An appropriate act is drawn up on the delivery of documents, the form of which is presented above.

Where is served

The application and accompanying documents must be submitted to the insurance company of the victim within the period specified in the insurance contract.

If the time period is extended without additional agreement with the insurer, the latter has the right to refuse the insurance payment.

After submitting the document and application, the company is obliged to inspect the damaged vehicle and make a decision on compensation payment. As a rule, this procedure takes no more than 15 days.

To make amends, insurance organization has the right to demand compensation from the insurer of the person responsible for the traffic accident (subrogation). These relationships do not in any way affect the payment of damages to the injured party.

If the person who received the damage applied for payment to the insurance company of the person responsible for the car collision, then a repeated application for direct compensation for damage is not allowed.

This action may be regarded by law enforcement agencies as fraud, which is prosecuted by law.

The introduction of direct redress is intended to reduce the time required to obtain compensation payments in a minor traffic collision.

With the correct execution of documents, money for the restoration of the car can be received in 3 to 8 days. The time period depends on the rules of the insurance company of the injured party.

Video: OSAGO insurance - direct compensation for losses and the European protocol.

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Direct indemnification under OSAGO is a special procedure that allows you to receive financial compensation for the repair of a vehicle that has been damaged in an accident. Cash are allocated by the insurance company in which the owner of the affected car is serviced.

This procedure allows:

Application conditions

You can receive compensation from the insurance company in which you issued OSAGO in accordance with Federal Law No. 40 article 14.1: Direct Indemnification (DDR) is possible if the following conditions are met:

Only 2 vehicles were involved in the accident. Please note that the trailer is not a separate vehicle. If the car is equipped with a trailer, then this is one vehicle.
Each participant in an accident has a valid compulsory civil insurance policy. If one of the drivers does not have an insurance policy or its validity is overdue, then the losses caused as a result of an accident are compensated by the perpetrator of the accident in a pre-trial or judicial procedure.
As a result of the accident, only vehicles were damaged. No people were hurt, and other property was also not damaged.

If the victim in an accident applied for direct compensation, but after a certain time he began to have health problems associated with the accident, he can demand additional compensation from the insurance company of the culprit.

Attention! The insurer carrying out direct compensation for losses has the right to reimburse the incurred expenses at the expense of the insurance company of the party responsible for the accident.

When can you count?

The insurance company may refuse the policyholder for the following reasons:

Most car owners, when an insured event occurs, prefer to contact "their" insurance companies (you can find out more about what an insured event is). This saves a lot of time in handling traffic accidents.

The mechanism for receiving payment under the rules of the PSP

Statement

The first step is to submit an application to the insurance company in writing. The form of such an application is issued at the office of the insurer.

The application contains:

The name of the insurance company where the application is being submitted. This data is taken from the insurance policy.
Name and address of the injured party (owner of the insurance).
If it is planned to receive compensation for damage not by the owner, but by the principal, then the data of the principal are written.
Information about the traffic accident: time, date and place of the accident. Describe the damaged property, the circumstances of the accident. When describing the circumstances of the accident, one should not forget that direct compensation for losses is possible only if the car was damaged.
Details of the vehicle and driver involved in the accident.
Information about the injured party and property.
The procedure for inspecting the vehicle to identify damage.
Marks that the application has been submitted and accepted.

Attached to the application is a list of required documents.

Must be specified:

list of attached documents;
details of the injured party to receive money;
marks that all documents are accepted;
additional information, it is filled in by an employee of the insurer.

When filling out an application, the information must be genuine. Everything is written legibly, blots and corrections are unacceptable.

You can find out more about how to file an application with an insurance company for OSAGO compensation.

A set of necessary documents

An application for direct damage compensation is submitted to the insurance company with a package of documents proving the circumstances of the traffic accident.

Required Documents:

Traffic accident notification. This document is issued by the insurer when the insurance contract is concluded. The notice must be completed by all parties to the accident on the road, it reflects all the circumstances of the accident and the existing damage.
If traffic police officers are involved in the investigation of the accident, then a certificate in form 748 is required. The certificate, together with the notice, reflects all the circumstances of the accident.
To confirm the ownership of the damaged car, copies of title documents are attached. You can attach a certificate of registration or title.
The identity of the claimant must be verified. You will also need a copy of your driver's license. If the compensation is received not by the owner of the vehicle, but by his authorized representative, then a notarized power of attorney is required.
If a vehicle was involved in an accident legal entity then you need a waybill. The waybill is issued by the dispatcher of the organization, it certifies the route of the vehicle.

If the traffic police are called to the place, then additional documents are needed:

a protocol on an administrative offense due to which a collision occurred;
a decision on an administrative offense, which indicates all the available factors;
refusal to initiate a criminal case on the fact of a traffic accident.

Referral for an independent review

The amount of compensation to cover the damage is calculated by a specialist expert company, which is independent.

The insurance company selects the expert organization.

But, if the injured party does not agree with the results of the examination, it can conduct a second examination at the expense of own funds. A referral for an independent examination is written in connection with dissatisfaction with the results of the examination conducted by the experts of the insurance company.

You can find out more about how to get money under OSAGO after an accident, and in more detail about compensation for losses after an accident and the recovery of moral and material damage from the culprit of an accident can be found in.

What to do if the SC refused?

If the insurance company unreasonably refused direct compensation for OSAGO losses, the first step is to draw up a pre-trial claim. It is submitted to the insurance company, if the document is drawn up correctly, the insurer's management sees that the insured is determined and often fulfills its payment obligations.

All costs incurred as a result of litigation, when a decision is made in favor of the policyholder, are reimbursed by the insurer.

Liability for failure to fulfill obligations

Liability for non-fulfillment of obligations is regulated by Articles 16.1 of the Federal Law "On OSAGO". According to the article, the policyholder sends a claim to the insurer with justified requirements, which must be considered within 10 working days.

If the driver has been involved in an accident, it is recommended to inform your insurance company as soon as possible via the hotline. If the conditions of the accident correspond to the conditions of direct payment, all the actions of the car owner are competent, there is a valid agreement on compulsory civil liability, then there should be no problems with it.

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Application for compensation for losses on OSAGO form. How to file a claim for direct damages

References to the law