How money is paid under compulsory insurance. Compensation payments. Compensation payments from RSA

You purchased travel insurance before traveling abroad. By chance, the insured event did occur. In your country of residence, you had to pay a considerable amount for medicines and treatment. How to get back money spent on an insurance policy?

Procedure for reimbursement of monetary expenses

Of course, it is important to discuss how your insurance benefits will be provided to you before you purchase a policy. It is quite possible that the conditions that the insurance company representative will give you will not suit you. If you have purchased a policy, you can once again clarify the algorithm for receiving payment from the operator when contacting the company to report an insured event.

Typically, compensation in such cases is assumed in one of two options:

  1. Insurer's own transfer cash to the account of the hospital or airline that provided the insured tourists with the flight;
  2. The payment is made directly to the insurer, reimbursing those expenses that the tourist paid out of his own pocket.

It is important to remember that even those expenses that you paid yourself must be agreed upon with the insurer. If you pay for unapproved services, there is a high risk that the insurer will refuse to pay compensation.

Upon arrival home, you need to visit the office of the insurance company with a package of documents and fill out an application for an insured event. It is important to meet the deadline set for your application. As a rule, it is specified in the contract itself. Failure to comply with the specified deadline without good reason will result in refusal of payment.

What documents must be provided to the insurer?

In order to receive insurance payment from the company, you need to prepare certain papers:

  • The very announcement of the offensive insured event;
  • Insurance policy;
  • All medical documents that were issued during treatment, including medical card a patient with a diagnosis and prescriptions for medications, necessarily with the seal of the attending physician;
  • Receipts and receipts for payment for prescribed medications;
  • Receipts for payment for transportation services, including invoices for payment for services for transporting the body to the homeland;
  • Travel tickets in original;
  • Account for telephone communication to report an insured event;
  • Account details for transferring the specified insurance compensation.

It is important to remember that the travel insurance contract usually specifies in which languages ​​documents can be provided. If the language in which the documents you submitted are produced is not included in this list, then you must issue a translation into one of the specified languages ​​with mandatory notarization.

Travel failed: right to compensation

In cases where the flight from your home country was unsuccessful due to an insured event, you can consider the option of receiving compensation from the insurance company. Of course, you should only contact an insurer if the insurance contract itself, or the insurance rules of this particular insurer, provide for such conditions. Not all insurance companies are entitled to such compensation payments.

To receive such compensation, you must provide the insurer with:

  • Application for payment of insurance compensation;
  • Statement about the fact of an insured event;
  • A copy of the applicant's passport;
  • Copy of international passport;
  • Agreement with a travel company with paid receipts;
  • Documentary evidence of losses incurred by the policyholder due to non-flight.

The insurer may, if necessary, ask you to provide some additional documents.

What does any car owner injured in an accident want most?

Receive payment of insurance under MTPL as quickly as possible

So that the insurance payment under compulsory motor liability insurance is enough for repairs, and maybe there is still some left...

What does the insurance company want when a car owner applies for compulsory motor liability insurance?

Independent examination after an accident in St. Petersburg - foto-hyundai

Carry out insurance payments under compulsory motor liability insurance for as long as possible

Pay as little as possible...

As a result of the fact that the desires of the car owner injured in an accident and the insurance company are directly opposite, an irreconcilable war arises, in which today insurance companies mostly win, due to the lack of sufficient knowledge and action algorithm for motorists to receive payment under compulsory motor liability insurance after an accident.

In this article we will analyze in detail each point, the sequence and features of actions to receive insurance payment under compulsory motor liability insurance after an accident.

And so, let's look at each point in detail and give comprehensive comments.

For minor damage - European protocol or call the traffic police.

In law:

Changes to the rules came into force on June 1, 2018 traffic, which stipulate that in an accident with minor damage (if the damage caused to the victim is less than 100,000 rubles), drivers are required to clear the roadway if the movement of other cars is obstructed. Otherwise, you will have to pay a fine.

Conditions for registering an accident under the European Protocol:

2 cars were involved in the accident

There were no casualties in the accident, only cars were damaged.

Both drivers have valid MTPL policies

Both drivers have no disagreement about the circumstances of the accident and who is at fault for the accident

The estimated damage to the victim is less than 100,000 rubles

To register an accident, you must fill out the accident notification form “correctly”.

In fact:

Most motorists do not know how to “correctly” fill out an accident notification form.

Insurance companies have strict requirements for filling out an accident notification form and use any excuse to refuse payment. I checked the wrong box - refusal, drew the diagram incorrectly - refusal, failed to complete the application within 5 days (for both participants) - refusal, etc.

As a result:

By not filling out the notice “correctly”, you will lose the right to receive insurance payment under MTPL!

In case of significant damage.

In law:

By calling the traffic police officers to the scene of an accident, you will receive a decision as a result. Since 2018, traffic police officers no longer issue a certificate f.154 with a list of damages received by a car in an accident.

In fact:

Traffic police officers often negligently perform their duties, recording damage to the car in the order according to the words of the victim, who does not know the design of the car or, in a state of nervous tension, is not ready to name all the damaged elements of his car.

As a result:

The insurance company, in the process of paying out insurance under compulsory motor liability insurance after an accident, relies on the records of traffic police officers about damage to the car; if some elements were not recorded in the resolution, the insurance company will not pay you for them!

Why is it necessary to conduct an independent examination before visiting the insurance company?

In law:

According to the MTPL policy concluded after 04/28/2017, insurance companies are required to make insurance payments only in its natural form, that is, by repair .

If the insurance company cannot repair the car, then damages are paid caused to the car money including wear and tear .

In fact:

The insurance company inspects your car, calculates the cost of repairs and the amount of damage, taking into account wear and tear. She chooses what is profitable for her and either issues a referral for repairs, or pays in cash, taking into account wear and tear.

At the same time, the insurance company commercial organization he also wants to earn money.

If you were given a referral for repairs and you came to a repair shop, the service station employees say that the money received from the insurance company is not used for “normal” repairs. They will ask you to pay extra out of your own pocket. Thus reducing the payment to the insurance company.

If you are paid in cash, they will artificially lower it by 10-50%. You don't know how much you should be paid.

As a result:

In any case, you pay extra for repairs out of your own pocket!!!

You conduct an independent examination after an accident before visiting the insurance company.

In law:

You have the right to conduct an independent examination at any time, both before and after visiting the insurance company.

In fact:

You are the customer of the examination, you pay money, which means that during the examination all your comments will be taken into account, the examination will be carried out at a time convenient for you, and the shortest possible time period specified in the contract will be observed. During the examination, all hidden defects will be taken into account, all parts damaged in an accident, and you will control the quality of the examination upon receipt of the package of documents.

As a result:

You save time, you receive high-quality service, you know how much you should receive as a result of paying insurance under compulsory motor liability insurance after an accident. You can choose a service station to repair your car based on the amount calculated to be paid and conduct a reasoned dialogue with representatives of the insurance company and at the service station regarding the parts being repaired and replaced.

In law:

According to the Law on Compulsory Motor Liability Insurance, in order to receive insurance payment under Compulsory Motor Liability Insurance after an accident, you need to contact insurance company, submit a traffic police resolution, and also present your damaged property to the insurer.

In fact:

Most insurance companies have organized single centers for receiving applications for compulsory motor liability insurance and inspecting damaged cars. In these centers you will spend more than one hour, and often almost the whole day, to submit an application for compulsory motor liability insurance and, if your car is running (you drove it), present its damage to the “expert” of the insurance company. Your car will be inspected superficially (what they see), the inspection place is not equipped to identify hidden defects, just say on the street, in the parking lot. And if atmospheric factors (rain, snow, cold, time of day) interfere with the inspection process, then do not expect that the payment of insurance under compulsory motor liability insurance after an accident will be adequate for the repairs.

As a result:

By contacting the insurance company immediately after an accident, you risk paying for a significant portion of the repairs out of your own pocket.

You conducted an independent examination before contacting the insurance company and present your damaged car along with the results of the examination.

In law:

You have the right to apply for payment under compulsory motor liability insurance within three years after the accident, under the European protocol within 5 days after the accident.

You are required to present your property for inspection by the insurance company.

The insurance company is obliged to make a payment or issue a referral for repairs within 20 calendar days.

In fact:

You choose a convenient time to write an application to the insurance company, and attach an independent expert report along with the application.

If your car is running, present its damage to a representative of the insurance company. If you don’t want to sit in line for an inspection, you can cheat (after all, according to traffic regulations, various damages, including damage to lighting devices, prohibit movement Vehicle), in the application for payment of insurance under compulsory motor liability insurance after an accident, you indicate that the car is not running and the insurance company will send its “expert” to the place where the car is parked. The same applies if the car is not running.

As a result:

You contact the insurance company when it is convenient for you, you know how much you should be paid, you save time and nerves. The payment period of 20 calendar days begins from the moment the application is written, and not from the moment your car is inspected by an “expert” of the insurance company, save a week or two.

In law:

The insurance company, after you write an application, is obliged to make a payment within 20 calendar days full refund damage from road accidents.

In fact:

You will receive the so-called “indisputable payment”, which is what insurance companies call a small part of the compulsory motor liability insurance after an accident that you are entitled to, which they pay. As soon as they looked at the eyes, they paid. By paying little, insurance companies rely on the inertia and lack of knowledge of motorists. Indeed, according to statistics, only one out of ten motorists, having received an underestimated payment, conducts an independent examination after an accident and writes a claim to the insurance company.

As a result:

You get “some money” and don’t understand whether it’s a lot or a little. Whether you have enough for repairs or not. As a result, you usually end up paying extra for repairs out of your own pocket.

After paying out your MTPL insurance after an accident, you realized that you were paid little and the money received was not enough for repairs

In law:

You have the right to submit a pre-trial claim to the insurance company, justifying it with the results of an independent examination after an accident.

In fact:

Having initially paid little, the insurance company relies on the usual statistics, because 9 out of 10 injured motorists, having received an underestimated payment, do not go anywhere and add on repairs from their own pockets.
If the insurance company does not satisfy the claim, the case will go to court and it will be proven that the insurance company paid less than it should have, a fine of 50% of the amount of the underpayment will be imposed on the insurance company plus a penalty of 1% per day of the amount of the underpayment, which takes into account the length of legal proceedings on average 3-4 months will amount to 100% of the underpayment. Simply put, if the insurance company takes the case to court, it will pay 2.5 times more, which is very unprofitable. For example, the underpayment to the insurance company was 20,000 rubles, the fine will be 10,000 rubles, the penalty will be 20,000 rubles, the insurance company will pay a total of 50,000 plus all legal costs.

Due to large fines, insurance companies pay for pre-trial claims very actively; you only need to write a claim.

As a result:

You wrote a claim and within 10 calendar days you receive the unpaid money.

You wrote a claim, you were paid 100%, they “threw you another bone”, paid you a little extra money, or “reasonably” refused

In law:

The insurance company is obliged to either satisfy the claim or give a reasoned refusal within 10 calendar days.

There are significant fines for failure to meet payment deadlines.

According to the resolution of the Plenum Supreme Court, if the difference between the calculations of different experts is less than 10%, then this difference is within the limits of the average statistical error.

In fact:

In large insurance companies, hundreds of applications for compulsory motor liability insurance and dozens of claims are submitted per day, and the deadlines are so short - 20 days for payment and 5 days for processing the claim. The task of insurance companies is to meet deadlines at all costs, and accordingly, most of the payments and claims are processed carefully and scrupulously, and some of them are processed. Your claim may fall into any part, and accordingly the result may be different. Maybe your claim will be satisfied 100%, or maybe it will be denied for an absolutely ridiculous reason.

In most cases, claims are satisfied, since the initial payment, as a rule, is made for external damage or those damages that were “seen by the insurance company’s expert.”

Some insurance companies act even more cunningly and pay out just enough for a claim so that the difference between the calculation of an independent expert report after an accident and the payment to the insurance company is 9-9.5%; in this case, you formally cannot go to court, since, according to the Plenum’s explanation Supreme Court, this difference is within the average statistical error.

As a result:

You can receive 100% compensation under MTPL by filing a claim.

You may receive an unreasonable refusal with the reference that the independent examination report does not comply with Russian legislation.

You can receive a payout of 90-91% and cannot go to court.

Your claim was refused with reason or you were paid a little, but not all

In law:

In case of a reasoned refusal of a claim or partial underpayment, you have the right to go to court.

If it is proven in court that the insurance company paid less than it should have, the insurance company will be subject to a fine of 50% of the underpayment plus a penalty of 1% per day of the amount of the underpayment from the date of payment or denial of the claim until the court's decision. Penalties cannot be more than 100% of the amount of the underpayment.

In fact:

Most motorists are afraid of the courts and do not believe that they can achieve justice when paying insurance under compulsory motor liability insurance after an accident. What insurance companies really count on.

Experience shows that when you turn to specialized lawyers, you can count on 100% success in court.

Specialized lawyers for insurance payments under compulsory motor liability insurance after an accident will analyze your case and give comprehensive answers on the prospects of winning the case in court. IN statement of claim will indicate the amount of underpayment, the amount of fines and penalties due to you by law.

As a result:

As a result of going to court with the help of specialized lawyers, you will receive the missing insurance payment under compulsory motor liability insurance after an accident, receive a 50% fine and penalties, and you will also be compensated for all your legal costs.

When clients receive a loan from a bank, they are offered to take out insurance. The service reduces the risk of non-refund. Moreover, it applies to mortgages and consumer loans. When an insured event occurs, the insurance company transfers funds to the bank. These relations are regulated by an agreement, which stipulates the rights and obligations of the parties.

But many clients repay their loans early, eliminating the need for insurance. Not everyone knows how to return loan insurance. This procedure has some features that all bank clients need to take into account.

Story

In 2009, the Presidium of the Higher arbitration court a resolution was approved according to which bank commissions related to measures that violate consumer rights. For several years, cases regarding the return of illegally paid money have been considered. Banks decided to abolish commissions, which were considered important income.

Over time, rates for lending money have increased. When the Federal Law “On Consumer Loans” came out, a new problem arose - the imposition of insurance when borrowing funds. Many clients began to submit statements that if they refuse the service, loans will not be issued. Moreover, the price of insurance is quite high, and a refund cannot be made under every contract.

This increases fees, and clients do not know their rights. Due to fears about being denied a loan, people take out insurance. Even if the contract has been concluded, you need to know how to return the loan insurance.

Who needs it?

There is still a need for insurance. Banks receive money back guarantees under different conditions. When an insured event occurs, the insurance company transfers funds to the bank. If the amount exceeds the balance of the debt, then the amount is paid to the debtor. If there are insufficient funds, the bank will withhold money from the client.

Usually life and health insurance is taken out. This service is provided to protect real estate from adverse factors. They are specified in contracts. When an insured event occurs, the client must notify the insurance company so that compensation is provided. And after the loan is paid off, the insurance is returned according to special rules.

Types of insurance policies

The insurance provides compensation for losses in the event of the client's death or personal injury, which causes problems with fulfilling obligations. The service is the most common in banking sector. Upon death or injury, the insurer pays the bank the balance of the loan, and the bank is the beneficiary.

Another type of policy is property insurance. It is considered mandatory when applying for a mortgage or purchasing vehicles on credit. In case of loss, damage or deterioration of the purchased property, the insurer pays the amount of the loan. That is, by law, insurance of an apartment against fires and floods is considered mandatory. But whether to choose insurance in case of death and health problems is up to the client to decide for himself. In this situation, the law is on his side.

Features of insurance

By law, citizens are not required to take out insurance. It turns out that the bank cannot force the service to be formalized as mandatory, but the law says that loans cannot be issued without life insurance. This applies to obtaining a mortgage and a car loan. If the document is drawn up, payments are transferred constantly, then the question arises of how to return the insurance consumer credit?

The beneficiary in this case is the bank. But, as we have already said, if the debt has been paid in full, then the client can issue a refund. The bank recalculates and transfers money. The insurer can only receive compensation. Its size is proportional to the validity period of the document.

If it was possible to return the insurance? Yes, in this case a refund is possible. But if the debt is repaid on time, then it will not be possible to return the funds.

The insurance procedure is different in each case. Everything is determined by the type of loan. It can be consumer and collateral. In the first case, the client's life is insured, and in the second - property.

Saving options

You can hear from many bank clients that they were forced to take out loan insurance. How can I get her back? In fact, the client can only register voluntarily. If this does happen, then the price of the service does not need to be included in the loan, since interest will be charged on this amount.

After the loan is repaid, the insurance is required to be returned by law. The client must submit an application, which will be considered by the bank. Please note that funds are not transferred automatically. Only after writing an application, submitting copies of documents and making a decision, money is paid.

The condition for transferring funds is an application. It is possible to return insurance for a Sberbank loan if the client has a disease for which documents cannot be signed. The list of exceptions is in the contract. But there are no medical examinations before signatures, and the client may not be aware of the exceptions, which is why he pays for the services. In such cases, it is necessary to submit an application for recalculation and compensation of money. But the client will not be given the full amount, but 87%, since the tax is calculated - 13%.

Insurance at Sberbank

How is insurance returned after repaying a loan from Sberbank? The client has the right to refuse to participate in the loan program. To do this, we repeat, you need to contact the department within a month after completing the documents and write an application.

But is it possible to return the insurance after repaying the loan if several months have passed? Yes, but then the funds will be transferred to the client minus registration costs and taxes. This is about 50% of the down payment. You can also return part of the premium if the loan is paid in full and ahead of schedule.

Before returning consumer credit insurance, you must complete an application in two copies. In this case, the client’s copies are marked with the date the document was issued.

Mortgage

How is insurance refunded after payment? mortgage loan? The pledge is considered a guarantee of compensation for damage after termination of obligations. Termination of such a document without repayment of the loan is impossible.

But the refund occurs in cases where the loan is paid ahead of schedule, and the insurance is paid for the entire period. You need to contact the insurance company and submit the following documents:

  • statement;
  • passport;
  • contract;
  • certificate of debt repayment.

Then a recalculation is performed, after which the balance is transferred to the client.

Insurance return principles

Such issues are regulated by the law on the return of insurance after repayment of the loan. There are 2 methods to solve this problem. The first one is pre-trial settlement. When the loan is repaid, the insurance funds are returned through the company that handled the registration. You should not contact the bank. The financial institution is considered an intermediary. He is paid interest for attracting clients.

After the loan is repaid, the insurance is returned to the insurance company. The client must write an application in two copies, after which they are registered. If the company is located far away, you can send ordered letter. The document must indicate the period during which a response will be expected. At the same time, you need to order an extract from your personal account, which indicates how the money was distributed.

What if there was no answer?

If you do not receive a response, you need to contact Rospotrebnadzor. You must send a letter to this organization, enclosing a copy of the application, an inventory, and notification of receipt of the letter. If there is no response from there, then you should go to court.

The consideration of the case can last months. If the price of the issue is up to 50,000 rubles, then you should contact the magistrate’s court. Along with the application, you must submit a contract, loan payments, an insurance agreement, determination of the amount of the claim, an application to the insurance company, a mail notification, and a response. It is necessary to calculate the amount of the claim. It may be lower than legal costs. You can try to recover through court, but this does not always help. Applications are accepted for three years.

If bank employees require you to take out consumer loan insurance, they must provide an alternative. Usually it is a program with increased interest rates and SMS notifications.

Return with a valid contract

To make a refund, first file a pre-trial claim with a financial institution. It is advisable to use the services of a professional lawyer. The bank will provide a response no later than 10 days from receipt of the claim. When filing a claim, you must review all loan documentation.

If the bank gave a negative answer, then it is important to file a statement with the court. It is better to entrust this procedure to a lawyer. In addition to the court, you need to contact Rospotrebnadzor. There may be 2 types of claims: in one, the applicant must be present in court, and in the other, he does not need to appear. The trial takes about 3-8 weeks from the date of filing the application.

Bank-insurer

There is no insurance company in this scheme. It turns out that the principles of the Civil Code of the Russian Federation do not apply to such agreements. If the loan has been paid off, the insurance cannot be returned.

Listed financial institution The premium is payment for additional services. It can be returned when early repayment. In this case, only the bank can pay part of the amount to preserve its reputation.

Peculiarities

How will the insurance be refunded after the loan has been repaid? You should not deal with this issue yourself - it is better to contact a lawyer. There are usually some principles involved. So, it is necessary to focus on the wording in the loan document that is related to insurance. The contract states that it is valid for the entire period of use of the funds. It turns out that if the loan is paid ahead of schedule, then the obligations to the bank are fulfilled.

You can also refer to the fact that there is no risk. The document is drawn up so that when an insured event occurs, the funds are returned to the bank. If the money was given ahead of schedule, then such protection is not required. By law, the insurance document is valid until the period for which it was issued, or if there is no risk of an insured event. Then the company is obliged to return part of the premium.

Such arguments do not always work on insurance companies. Issues are usually resolved through the courts. The results are determined by the position of the judge. But the possibility of a refund exists. Insurers wishing to work with regular customers, enter into the documents clauses about the rules for returning the premium if the loan is paid ahead of schedule. You also need to remember about the insurance rules, which you should familiarize yourself with in advance.

Arbitrage practice

How to get insurance if the insurance company does not want to accept documents? You must contact a consumer protection agency. The workers will deal with many issues and also defend your interests in court. Using this method, after the loan is paid off, the insurance will be refunded.

In practice, if financial institutions impose Additional services clients, then the court decides the issues in favor of the applicant. In loans, the organization is the seller of the service, which offers to issue another document. And thus insurance is issued in almost every bank. To avoid any unpleasant situations in the future, you must first read all the rules. To do this, you need to study the terms of the contract and it is better to clarify any ambiguities immediately.

As you know, in 2017, priority was introduced in compulsory motor insurance compensation in kind(hereinafter referred to as repairs - according to the text) over a monetary payment. A number of questions arise in connection with the innovation.

What is the essence of the priority of repairs under compulsory motor liability insurance over payment?

In simple words, the priority is that instead of a cash payment, you receive a referral for repairs, which are paid for by the insurance company. At the same time, it is now impossible to choose money instead of repairs as it was before, with the exception of a small list of cases.

Let's take a look at the various issues.

1.When can you choose between money or repairs according to the old rules?

To determine whether you can get money under the old rules, you need to look at the policy of the person at fault for the accident.

The priority of repairs over payment was introduced by the Federal Law of March 28, 2017. No. 49-FZ. It came into force on April 28, 2017. This means that if the culprit Road accident policy issued before this date, then the old rules apply to you, when the victim had a choice: money or repairs.

What makes up a simple calculation. The last day when an accident can occur, and you will have the right to choose if you have an old policy, is April 27, 2018.

2.Which service stations are sent to, and can a citizen choose a service station at his own discretion?

The insurance company issues a referral to the service station with which it has an agreement. The list of service stations with which the insurer has such agreements must be indicated on its website.

A citizen can carry out repairs at any other service station only if there is an appropriate agreement with the insurance company. In other words: the choice is only within the limits provided by the insurer.

3. How is the repair carried out? Does wear and tear count? Do I need to pay extra for the service station?

The law obliges the use of new parts when carrying out repairs and prohibits the installation of used ones on a car. Therefore, wear and tear is not taken into account. By the way, they can supply new non-original (Chinese) spare parts.

Additional payment for repairs is provided only if the culprit old policy and you chose repairs instead of money (see answer to question 1).

4. Is the warranty void when repairs are carried out under MTPL?

A mandatory requirement for a service station with which the insurer has an agreement is that it has its own agreement with the manufacturer or distributor of cars of the corresponding brand. In other words, it must be a service station of an official dealer.

This requirement is mandatory if your car is no more than two years old (from the date of manufacture). The warranty does not expire if it itself does not exceed this period. Otherwise, if the guarantee is given for a longer period, it will be void.

5. What are the deadlines for insurance compensation and repairs?

After inspecting the vehicle, the insurer is obliged to issue a referral to a service station within 20 days from the date you submit an application for an insured event with a full package of documents.

Repairs must be carried out within 30 days from the date you hand over the car to the service station. This is a mandatory requirement that cannot be changed by any agreement. Pay attention exactly after the car is handed over for service! If you don’t hand over your car for service, but continue to drive it, then the 30 days don’t even begin to count.

6. Who is responsible for delays in repairs and their poor quality? Car service or insurer?

The insurer is responsible to you.

For violation of the deadlines for issuing a referral to a service station, the insurer will pay you a penalty in the amount of 1% of the amount of insurance compensation for each day of delay.

In case of violation of the repair deadlines, the insurer pays a penalty in the amount of 0.5% of the same amount, respectively.

In case of poor-quality repairs, you also submit a claim for compensation of losses to the insurer.

7. When can I get money in lieu of repairs?

There are several such cases. Let's look at the general principles first:

  • the car is destroyed - in other words, the car is written off as “total”
  • your death
  • you have suffered serious or moderate harm to health and you have received an application for payment
  • you are disabled and you have received an application for payment
  • The insurance company does not have the opportunity to organize repairs at the service station with which it has an agreement
  • you have an agreement with the insurer to pay in cash
  • if the Central Bank, in the event of repeated violations by the insurer during the year of the rules for in-kind compensation, will limit its right to send for repairs
  • none of the service stations with which the insurer has an agreement comply mandatory requirements required by law

Now let's move on to the mandatory requirements for service stations:

  • The period for repairs at a service station does not exceed 30 days
  • The service station is located no further than 50 km from your place of residence or the scene of the accident
  • The service station must have an agreement with the manufacturer or distributor of cars of this brand, if your car is no more than 2 years old (see answer to question No. 4)

If none of the service stations with which the insurer has an agreement meets the specified requirements, money is paid.

If the Central Bank has limited the insurer’s right to refer victims for repairs, repairs can only be carried out with your consent. Information about the Central Bank making such a decision is contained on its official website.

7.How is money paid in this case? With or without wear and tear?

Taking into account wear and tear according to the Unified Methodology approved by the Regulations of the Central Bank of the Russian Federation.

8. Pitfalls of repair under MTPL

It is assumed that the owner of a damaged car makes no difference how to receive insurance compensation. All he essentially wants is for the car to be repaired and to be drivable.

If the insurer chooses the station himself, pays for the repairs himself, old parts are replaced with new ones, then the citizens only benefit. By at least, this is exactly how the amendments to OSAGO were announced.

Meanwhile, real life brings surprises.

If earlier insurers delayed payment, now they are just as delaying in issuing directions for repairs and paying for repairs.

The stations are also not punctual and a 30-day repair turns into a sluggish process for several months. At the same time, some service stations, after 2-3 months, even refuse to do repairs due to their high cost or the impossibility of ordering the necessary spare parts.

It is important to note that the quality of repairs is also questionable. If your car is more than two years old, then you cannot be sure that the insurer, in an effort to save money, will not send you to a service station where the repairs will be carried out cheaply and of poor quality.

Some insurance companies do not issue referrals for repairs at all due to the high cost of repairs and the desire to save money. It is cheaper to pay taking into account wear and tear than to pay for a full repair with replacement with new parts. That is, the very idea of ​​the priority of natural compensation loses all meaning.

As of January 2018, the situation in St. Petersburg is as follows.

Unlike car insurance, life and health insurance is relatively unpopular in our country - it is often provided by certain companies or required when applying for dangerous jobs. However voluntary insurance life and health is a guarantee that in the event of an accident a person will not be left without finances for existence.

Table of contents:

What are the types of life and health insurance?

Chapter 48 of the Civil Code of the Russian Federation provides for the main features of insurance, including life and health. It refers to voluntary personal insurance.

The Civil Code of the Russian Federation indicates that this insurance may be based on the fact of insurance:

  • survival
  • life
  • health

When insuring survival, the insured event is the attainment of a certain age by a citizen specified in the contract with the insurer.

Life insurance means that the moment of payment occurs only in the event of the death of the insured person.

Important fact

A life insurance contract can be term. That is, if the death of the insured person occurs during a certain period established by this agreement.

Health insurance is the most common type of personal insurance. It is often referred to as life and health insurance, since the insured event according to the contract is a certain loss of health or death as a result of an accident, serious illness or other cause directly established by the contract.

Besides personal insurance life and health, a corporate (group) insurance contract can be concluded. IN in this case The policyholder is a certain organization that makes contributions to the account of the insurance company for its employees.

With group insurance, insurance that is quite popular is not 24/7, but is valid exclusively during the period the employee performs his/her work duties.

If, with such insurance, a citizen receives a domestic injury, for example, gets into an accident on his day off, insurance payments in this case there will be no payment.

Parties to the insurance contract

IN the said agreement The following persons can participate:

  • Policyholder is a person who has entered into an agreement with an insurance company and undertakes to pay the appropriate insurance amounts.
  • Insurer is an insurance company acting exclusively as a legal entity.
  • The insured person is a citizen in whose favor the insurance contract has been concluded.
  • Beneficiary is a person who has the right to receive insurance payments in the event of an insured event.

Often, a personal insurance contract is concluded between two parties - the insurance company and the citizen, who simultaneously acts as the policyholder, the insured person and the beneficiary. Less often, another person may be appointed as a beneficiary. For example, this case is popular when concluding a life insurance contract.

Important fact

In practice, often the policyholder and the insured person are separate parties to the contract when concluding a group insurance contract or an individual insurance contract concluded by an employer in favor of its employee.

Who can receive payment from life and health insurance?

According to the general rules, the insured person has the right to receive payments (compensation) in the event of an insured event. However, Article 934 of the Civil Code of the Russian Federation establishes that in addition to the insured person himself, a third party (beneficiary) can receive payment if he is indicated as such in the contract.

note

Even if the contract does not indicate a third party as a beneficiary, in the event of the death of the insured person, when the cause and occurrence of death is an insured event, insurance payments are received by the heirs in the form of an inheritance inherited by law.

How to receive compensation for life and health insurance, sample

When an insured event occurs under the contract, in order to receive the appropriate payments, it is necessary to perform a number of certain actions.

First, you need to prepare an application to the insurance company to receive an insurance payment. Often, when concluding a contract, the insurance company provides the appropriate form. If there is no such form, then you should draw up a document yourself or fill out a standard sample.

  • Passport or other identification document of the insured person
  • Copy or original of the contract
  • If there is a beneficiary, documents confirming this right. In the event of death in the absence of a beneficiary, it is necessary to provide a document confirming the right to inheritance of his heirs applying for payment.
  • A document confirming the moment of occurrence of the insured event

The last document is the most important and may vary depending on the type of event that occurred and the type of personal insurance contract. The most popular documents in the case of health insurance in practice include:

  • Conclusion or certificate from the attending physician;
  • Certificate of disability
  • Conclusion of the commission on an industrial accident
  • Traffic police report on the occurrence of an accident.
  • If a citizen died as a result of an insured event established by the contract, a death certificate must be provided in addition to the documents specified above.

Important fact

Often, in addition to the application form, insurance companies, when concluding a contract, issue relevant reminders about what needs to be done in the event of an insured event.

After collecting everyone necessary documents You must contact the insurance company directly and notify about the occurrence of an insured event. By general rule, the notice period is no more than 30 calendar days.

note

The specified period is not final. Often, the insurance contract specifies the possibility of its extension, for example, if the applicant is unable to submit documents due to serious illness or other force majeure. However, in order to avoid possible disagreements, it is better to notify a representative of the insurance company in advance about the extension of the period.

The procedure for consideration and payment of insurance

However, the review process may be delayed if the insurance company has suspicions, for example, that the submitted documents are not forgeries or if a criminal case has been initiated regarding the insured event and a final decision has not yet been made.

Payments are usually made within no more than 15 days from the moment the insurer recognizes the occurrence of an insured event.

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