Application to the Russian Union of Auto Insurers. Compensation payments from RSA

Despite the guaranteed procedure for payments to victims under compulsory motor liability insurance, in some cases not every victim of an accident has the right to count on receiving compensation from the insurance company. For such cases, the legislation provides for an additional source of payments - compensation payments from the RSA.

In this article, we will look at what RSA compensation payments are under compulsory motor liability insurance, in what cases and to whom they may be due, what is the procedure for the insured to apply and what documents need to be collected for this, within what time frame compensation payments are made and in what cases RSA may refuse them.

Grounds for receiving RSA payments

The initially effective version of Federal Law No. 40 “On Compulsory Motor Liability Insurance” regulated the obligation of each vehicle owner to insure their motor third party liability under a motor third party liability insurance contract, which allowed victims of road accidents to count on receiving payments from the insurance company. However, in practice, situations arose when citizens, for objective reasons, could not count on the standard procedure for compensation for damage - for example, when an insurance company’s license was revoked, or when it was impossible to identify the culprit of an accident.

For such non-standard situations, changes were made to Federal Law No. 40 that made it possible to receive compensation payments not from the insurance company, but from the Russian Union of Auto Insurers (RUA). These types of payments are designed to receive compensation in the following cases:

• compensation for harm caused to the life and health of citizens;
• compensation for property damage.

The main basis for receiving RCA compensation is not the insurance company’s refusal to pay, but the objective impossibility of paying insurance compensation in the following cases:

• termination of the insurance company's activities as a result of bankruptcy or revocation of a permit (license);
• inability to identify the culprit of the accident;
• the culprit of the accident does not have a valid MTPL policy.

The listed grounds fully apply to cases where harm to life or health is caused as a result of an accident. For situations where the culprit suffered property damage in a traffic accident, the basis for payments will only be the termination of the insurance company's activities.

The procedure for assigning compensation payments

The RSA Compensation Fund provides priority compensation for harm caused to the life and health of citizens. The following payments fall into this category:

• payment of expenses for medical treatment and rehabilitation after treatment;
• payment of expenses associated with the onset of disability;
• payment of income lost as a result of harm caused to life and health.

Note! Insured events for receiving compensation payments are considered to be standard circumstances of an accident that resulted in damage to the property and health (life) of the victim. However, an additional factor influencing the order of compensation will be one of the three grounds indicated above.

The following compensation limits are currently in effect:

• for compensation for harm to health - no more than 500,000 rubles;
• for compensation of property damage – no more than 400,000 rubles.

The actual amount of payments is influenced by many factors: actual expenses incurred by the victims, treatment costs, etc. Therefore, the payment limit established by law is not always paid in full.

Procedure for completing documents to receive compensation

The procedure for processing the payment differs from the standard rules for receiving payments under compulsory motor liability insurance. The first step in order for RSA to have grounds to pay compensation is to record the fact of an accident and collect documents according to the rules provided for by the Law “On Compulsory Motor Liability Insurance”.

After collecting road accident documents and contacting your insurance company, it is established that there is one of the grounds that does not allow you to receive insurance compensation in the usual manner. Only if it is impossible to receive payment from the insurance company, the victim has the right to file an appeal to receive compensation from the RSA.

You can contact RSA in one of the following ways:

• directly by contacting the territorial representative office of the RSA;
• by contacting any insurance company that is a member of the Union of Auto Insurers;
• by calling the RSA phone number listed on its official website.

Submission of an application to the RSA must be made in writing - for this, the victim must fill out an application according to a standard sample. This sample can be obtained directly at the place of application to the RSA or downloaded from the link.

The sample application must be accompanied by a package of documents, the composition of which may vary depending on the circumstances of the accident and its consequences. The standard list of documents includes:

• a completed sample application for payment of compensation to RSA;
• documents confirming the fact of a traffic accident (certificate of road accident);
• materials of the administrative case about the offense;
• information about the compulsory motor liability insurance policy of the person responsible for the accident;
• a report from an independent appraiser on the nature of the damage and the amount of damage;
• driver's license, as well as identification documents of the applicant;
• documents of vehicles involved in the accident.

Note! In case of termination of the activities of the insurance company and the impossibility of receiving the amount recovered from it, this package of documents includes the original of the judicial act, the original of the writ of execution, as well as the original of the bailiff’s resolution on the termination of enforcement proceedings due to the liquidation of the insurer.

The period for consideration of the application is regulated by Art. 19 FZ-40 and is no more than 20 calendar days from the moment RSA employees receive the full package of documents. After this period of time, the Union of Auto Insurers is obliged to pay the amount of compensation or issue a reasoned refusal of insurance compensation.

Grounds for refusal to pay compensation to RSA

To receive compensation from the RSA compensation fund, similar rules for considering the victim’s application are provided as for ordinary insurance companies. Accordingly, similar grounds apply for RSA to refuse compensation payment.

In practice, the most common grounds for refusal to pay insurance compensation are:

• lack of information about the policy of the guilty party in the register of MTPL contracts of the liquidated insurance company;
• absence of the culprit of the accident in the list of persons allowed to drive a vehicle in the compulsory motor liability insurance policy;
• termination of the MTPL agreement with the insurance company at the time of its liquidation.

As a rule, such grounds for refusal are caused by formal reasons, and during a judicial challenge, the victim can exercise his right to receive compensation. In addition, failure by the Union of Auto Insurers to provide a reasoned refusal to pay may be grounds for subsequent collection of a penalty.

Conclusion

In some cases, compensation payments after an accident are carried out by RSA. To receive compensation for the damage received, the victim must contact the Union of Auto Insurers with an application and a package of necessary documents. In case of refusal of compensation, the victim has the right to go to court.

Recently, the licensing policy pursued by the Central Bank of the Russian Federation in relation to insurance companies has significantly tightened. This year, several licenses have already been revoked from insurance companies involved in the sale of MTPL contracts. In this regard, the number of applications to the RSA for compensation payments has increased significantly.

However, not all citizens know the procedure for filing an application for compensation from the RSA, which often leads to refusals of payment. Therefore, today we will talk about the rules for applying to the RSA to receive compensation payments under OSAGO.

What is the RSA compensation payment and who is entitled to receive it?

Compensation payment— compensation for harm caused to the life, health or property of the injured party, carried out by the RSA from a special fund, in cases where insurance payment under the compulsory insurance contract cannot be made. This fund is formed from membership fees paid by insurance companies.

Compensation payment is made only in cash.

The following have the right to receive compensation payments:

• Citizens of the Russian Federation
• Foreign citizens and stateless persons permanently residing in the territory of the Russian Federation.
• Foreign citizens temporarily residing in Russia, provided that, in accordance with the legislation of that foreign state, a similar right is granted to citizens of the Russian Federation.

In what cases can you apply to RSA for compensation?

Cases in which a citizen has the right to receive compensation payment under a compulsory motor liability insurance agreement are described in Art. 18 of the Federal Law “On Compulsory Motor Liability Insurance”. So:

When compensating for damage to property, there are two cases when you can contact the auto insurers union to receive payment:

1. Bankruptcy of the insurance company of the person responsible for the accident;
2. Revocation of the license of the culprit's insurance company;

In case of compensation for damage to life and health, apply to RSA for compensation if:

1. The insurance company of the person responsible for the accident went bankrupt;
2. The culprit's insurance company's license to carry out insurance activities was revoked;
3. The culprit of the accident is unknown;
4. The person at fault for the accident does not have a compulsory motor liability insurance policy.

Amount of compensation payment from RSA

The amount of compensation you can count on when applying to RSA is similar to the payment limits for compulsory motor liability insurance. So in accordance with Art. 19 Federal Law “On Compulsory Motor Liability Insurance” establishes the following amounts of compensation payments:

In principle, the package of documents for applying to the RSA is the same as when applying to an insurance company.

Deadlines for making compensation payments to RSA

According to clause 4 of Article 19 of the Federal Law “On Compulsory Motor Liability Insurance”, the period for consideration of your application should not exceed 20 calendar days, with the exception of non-working holidays. This period is calculated from the moment all necessary documents are submitted to the RSA.

After these 20 days, RSA must either make a compensation payment or send you a reasoned refusal.

The grounds for refusal of compensation payment from RSA are the same as when contacting an insurance company.

If you receive a refusal to receive compensation from the RSA, you can file a claim in court.

You can find out about the progress of your application for compensation at:

In _________________ district court of _____________
Address: _____________________

Plaintiff: Sidorov I.P.
Address: _____________________

Defendant: Russian Union of Auto Insurers
Address: _____________________

The price of the claim is XXXX rubles.

STATEMENT OF CLAIM

“_date_” _month_ 2ХХХ there was a traffic accident in which a car of the brand “Brand Name”, state registration number _______, belonging to me, I.P. Sidorov, and a car of the brand “Brand Name”, state registration number _______ were involved. , driven by driver Petrov S.I.

The accident happened due to the actions of Petrov S.I., which was established by the traffic police inspector, police captain (territorial) Department of Internal Affairs/OVD Surname I.O. (or judge of the (territorial) court (district, city)).

The civil liability of I. S. Petrova is insured by policy No. XXX dated “_date_” _month_ 2ХХХ in CJSC “Name of the culprit’s insurance company”, whose license was revoked “_date_” _month_ 2ХХХ.

As a result of the accident, my car suffered mechanical damage. The amount of damage is XXXX rubles XX kopecks. In addition, I paid XXXX rubles XX kopecks. for an expert opinion on the cost of repairs.

In accordance with Federal Law No. 40-FZ "On compulsory civil liability insurance of vehicle owners" dated 04/25/2002 and Decree of the Government of the Russian Federation No. 263 dated 05/07/2003 "Rules for compulsory civil liability insurance of vehicle owners", having provided all the documents required by law, I applied to the Russian Union of Auto Insurers for compensation.

The defendant, having violated the requirements of paragraph 1 of Article 18 of Federal Law No. 40-FZ of April 25, 2002 “On compulsory insurance of civil liability of vehicle owners,” refused to pay me compensation, citing the fact that the name of the culprit of the accident was not included in the compulsory motor liability insurance policy ( *** indicate the reason for refusal put forward by RSA).

However, the law “On Compulsory Motor Liability Insurance” does not contain any mention of such a basis for refusing payment. According to paragraph 5 of Article 14 of the Law “On Compulsory Motor Liability Insurance”, if the person who caused the harm is not included in the compulsory motor liability insurance agreement as authorized to drive a vehicle (when concluding a compulsory motor liability insurance contract with the condition that the vehicle is used only by persons specified in this contract), the insurer will contact the causer harm, the right of recourse arises (link to the corresponding paragraph of the law “On Compulsory Motor Liability Insurance”).

By virtue of Article 19 of the Law “On Compulsory Motor Liability Insurance”, similar rules established by the legislation of the Russian Federation for relations between the insurer under a compulsory insurance contract and the beneficiary apply to relations related to compensation payments between the professional association of insurers and the victim.

Based on the above, the Russian Union of Auto Insurers, in accordance with clause 70 of the Rules, must pay me a penalty in the amount of one seventy-fifth of the refinancing rate of the Central Bank of the Russian Federation, in effect on the day when the insurer became obligated to pay me compensation, from the established amount of payment for the type of compensation for damage to every victim.

In this case, the damage was caused only to property, therefore the amount of compensation is XXX thousand rubles, and the amount of the penalty as of the day the claim was filed is XXX rubles. XX kop.

Based on the above, I request:

1. To compensate for damages, recover from the Defendant in my favor XXXX rubles XX kopecks.
2. To recover from the Defendant the amount of state duty I paid in the amount of XXX rubles, XX kopecks.
3. To collect from the Defendant XXX rubles, XXX kopecks. as compensation for legal expenses incurred by me.
4. To collect from the Defendant in my favor a penalty in the amount of XXXX rubles XX kopecks.

Attached documents:

1. A copy of the statement of claim.
2. Receipt for payment of state duty No. ХХХ dated "_date_" _month_ 2ХХХ.
3. A copy of the traffic police resolution on an administrative offense (a copy of the court decision on the guilt of S.I. Petrov).
4. A copy of the report of JSC “Independent Expert”;

_p o d p i s b_ /Sidorov I.P./

Dear applicants!

Please note that in accordance with the provisions of paragraph 3 of Article 11, paragraph 1 of Article 12 and paragraphs 1 and 4 of Article 19 of the Law on Compulsory Motor Liability Insurance, the obligation to consider the victim’s application on the merits and make a decision on making compensation paymentsor a reasoned refusal to make such payment within the prescribed period arises from the RSA only after receiving the relevant application and a complete set of documents by RSA provided for by the MTPL Rules!

Important!
The RSA representsoriginals or copies of documents certified by a notary or the person (body, organization) that issued the documents except for cases where the MTPL Rules provide for the provision of uncertified copies of documents.

2. Documents allowing to identify a road traffic accident (RTA) as an insured event:

2.1. A certificate of an accident issued by the police department responsible for road safety - form No. 154, if the accident occurred before 10/19/2017 inclusive (if the accident occurred after 10/20/2017, a certificate of an accident is not provided).

2.2. A protocol on an administrative offense, a resolution on a case of an administrative offense or a ruling on refusal to initiate a case on an administrative offense (with attachments, if any), if the preparation of documents on an accident was carried out with the participation of authorized police officers, and the preparation of such documents is provided for by the legislation of the Russian Federation.

3. Notification of an accident (in case of registration of documents about an accident without the participation of police officers, the Notification of an accident must be filled out COMPLETELY by both participants in the accident).

4. Conclusion of an independent technical examination confirming the amount of compensation required by the victim - only if the victim, before applying for compensation payment, had previously applied to the insurer for insurance payment, and at the time of applying for compensation payment, the damaged property had already been repaired/sold/disposed of (with confirmation this fact with the relevant documents or provision of the repaired property for inspection)

The conclusion of an independent technical examination must comply with the requirements of Bank of Russia Regulation No. 432-P “On a unified methodology for determining the amount of costs for restoration repairs in relation to a damaged vehicle” and Bank of Russia Regulation No. 433-P “On the rules for conducting an independent technical examination of a vehicle.”

4.1. To reimburse the costs of paying for the services of an independent expert, services for evacuation and storage of damaged property, if the victim requires reimbursement of the corresponding expenses, original documents (bank payment, cash receipt or numbered receipt) confirming payment for these services are provided.

5. Other documents:

5.1. For individuals:

1. Passport of the injured person (the owner of the vehicle, or the person receiving compensation payment under a notarized power of attorney from the owner of the vehicle).

In the event that the applicant and/or recipient of the payment is not the owner of the vehicle - a power of attorney from the owner of the vehicle for the right to represent the owner’s interests in the RSA and/or for the right to receive compensation payments.

2. Documents confirming the victim’s ownership of the damaged vehicle. These documents include:

2.1. Vehicle passport.

2.2. Certificate of registration of the damaged vehicle.

2.3. Sale and purchase agreement with a vehicle acceptance certificate.

3. Documents of ownership of the damaged property (in case of damage NOT to a vehicle). Depending on the situation and the damaged item, additional documents may be requested.

4. Recipient's current account and bank details for transferring funds (compensation payment).

5.2. For legal entities:

1. Charter (first and last pages, as well as pages with the powers of managers).

2. Certificate of state registration of legal entities. faces.

3. Certificate of tax registration.

4. Order on the appointment of the head of the organization.

5. Extract from the Unified State Register of Legal Entities.

6. Power of attorney for representation of interests and a copy of the representative’s passport.

7. Waybill for the driver of the damaged vehicle.

8. Documents confirming the victim’s ownership of the damaged vehicle. These documents include:

8.1. Vehicle passport.

8.2. Certificate of registration of the damaged vehicle.

8.3. Purchase and sale agreement with the acceptance certificate of the vehicle.

9. Documents of ownership of the damaged property (in case of damage NOT to a vehicle). Depending on the situation and the type of damaged object, additional documents may be requested.

10. Recipient’s current account and bank details for transferring funds (compensation payment).

6. Other documents.

If there is a court decision to recover in favor of the victim the amount of insurance payment from the insurer who insured the liability of the tortfeasor, or to recover payment from the tortfeasor to compensate for the damage caused to the victim, and/or the original of the Writ of Execution, and/or the Resolution to terminate enforcement proceedings It is also recommended to submit them to the RSA along with the main package of documents.

Consideration of the application for compensation payment and the documents attached to it (full package) provided for by the MTPL Rules, as well as the adoption of a decision on it, is carried out within 20 calendar days, with the exception of non-working holidays.

Self-prepared copies of the necessary documents will significantly reduce the time it takes to receive them when applying directly to the RSA office. When reviewing documents to make a decision, it is possible to request additional information and documentation.

2. A copy of the death certificate of the victim.

3. Passport of the beneficiary (the person entitled to receive compensation in connection with the death of the victim).

In the event that the applicant and/or recipient of the payment is not a beneficiary - a notarized power of attorney from the beneficiary for the right to represent his interests in the RSA and/or for the right to receive compensation payments.

4. Consent of the guardianship and trusteeship authorities, if the payment of insurance compensation will be made to the representative of the beneficiary (if the beneficiary has not reached the age of 18 years).

5. Bank details for transferring funds (BIC, INN, correspondent/account, bank account/account, name of branch, recipient person/account).

6. Documents allowing to identify a road traffic accident (RTA) as an insured event:

6.1. A certificate of an accident issued by the police department responsible for road safety - form No. 154, if the accident occurred before 10/19/2017 inclusive (if the accident occurred after 10/20/2017, a certificate of an accident is not provided).

6.2. A protocol on an administrative offense, a resolution on a case of an administrative offense or a ruling on refusal to initiate a case on an administrative offense (with attachments, if any), if the preparation of documents on an accident was carried out with the participation of authorized police officers, and the preparation of such documents is provided for by the legislation of the Russian Federation.

6.3. Verdict / Court decision / Resolution to refuse to initiate a criminal case - original or a copy certified by the court

7. Documents confirming the right of the beneficiary (dependent) to receive compensation payment in connection with the death of the breadwinner:

7.1. A statement containing information about the family members of the deceased victim, indicating the persons who were dependent on him and who have the right to receive maintenance from him.

7.2. Birth certificate of the child (children) (if at the time of the insured event there were children dependent on the deceased).

7.3. A certificate confirming the establishment of disability (if on the date of the insured event the deceased were dependent on disabled people).

7.4. A certificate from an educational organization stating that a family member of the deceased who has the right to receive compensation for harm is studying at this educational institution (if at the time of the insured event the dependents of the deceased were persons studying at the educational institution).

7.5. Conclusion (certificate from a medical institution, social security authority) on the need for outside care (if at the time of the insured event there were persons dependent on the deceased who needed outside care).

7.6. A certificate from a social security authority (medical institution, local government, employment service) stating that one of the parents, spouse or other family member of the deceased does not work and is caring for his relatives (if at the time of the insured event the deceased had non-working members dependent on them) families involved in caring for his relatives).

7.7. Another document confirming the fact that the beneficiary was a dependent of the deceased during his lifetime (court decision).

8. Documents confirming the beneficiary’s right to receive compensation in connection with the death of the victim in the event if the deceased had no dependents:

8.1. Marriage certificate (if the spouse of the victim applies for insurance compensation).

8.2. Birth certificate of the child (children) (if parents or children of the victim apply for insurance compensation).

9. Documents confirming the necessary funeral expenses incurred (original cash receipts, sales receipts, receipts on strict reporting forms).

2. Passport of the victim.

In the event that the applicant and/or recipient of the payment is not a victim - a notarized power of attorney from the victim for the right to represent his interests in the RSA and/or for the right to receive compensation payments.

3. Consent of the guardianship and trusteeship authorities, if the payment of insurance compensation will be made to the representative of the victim (if the victim has not reached the age of 18 years).

4. Bank details for transferring funds (BIC, INN, correspondent/account, settlement/account of the Bank, name of branch, person/account of the recipient).

5. Documents allowing to identify a road traffic accident (RTA) as an insured event:

5.1. A certificate of an accident issued by the police department responsible for road safety - form No. 154, if the accident occurred before 10/19/2017 inclusive (if the accident occurred after 10/20/2017, a certificate of an accident is not provided).

5.2. A protocol on an administrative offense, a resolution on a case of an administrative offense or a ruling on refusal to initiate a case on an administrative offense (with attachments, if any), if the preparation of documents on an accident was carried out with the participation of authorized police officers, and the preparation of such documents is provided for by the legislation of the Russian Federation.

5.3. Verdict / Court decision / Resolution to refuse to initiate a criminal case - original or a copy certified by the court.

6. Documents issued and executed in accordance with the procedure established by the legislation of the Russian Federation, by the medical organization to which the victim was delivered or applied independently, indicating the nature of the injuries and injuries received by the victim, diagnosis and period of incapacity.

7. Certificate from the ambulance station about the medical assistance provided at the scene of the accident (if assistance was provided).

8. A conclusion of a forensic medical examination issued in accordance with the procedure established by the legislation of the Russian Federation on the degree of loss of professional ability to work, and in the absence of professional ability to work - on the degree of loss of general ability to work (if such a conclusion exists).

9. A certificate confirming the fact that the victim has a disability or the category of “disabled child” (if such a certificate is available).

10. If the victim makes a claim for compensation lost earnings (income) In connection with an insured event and loss of ability to work, the following documents are additionally provided:

10.1. A medical examination report issued in accordance with the procedure established by the legislation of the Russian Federation on the degree of loss of professional ability to work, and in the absence of professional ability to work - on the degree of loss of general ability to work as a percentage and indicating the period for which this percentage is established (if an injury received as a result of an accident is recognized as an “accident” accident at work”, this conclusion is not provided!).

10.2. A certificate or other document about the average monthly earnings (income), scholarships, pensions, benefits that the victim had on the day of harm to his health (2NDFL), as well as other documents confirming the income of the victim, which are taken into account when determining the amount of lost earnings (income) .

This information is provided one year before the accident (Article 1086 of the Civil Code of the Russian Federation).

11. If the victim makes a claim for compensation for additional losses incurred by him expenses for treatment and purchase of medicines, the following documents are additionally provided:

11.1. An extract from the medical history, outpatient/inpatient card of the patient, issued by a medical institution with the prescription/recommendation of the attending physicians for the necessary medications, treatment (reimbursement of funds spent on medications, treatment is carried out if the victim did not have the right to receive them free of charge).

11.2. Documents confirming payment for the services of a medical organization and/or purchased medications (cash receipts, receipts on strict reporting forms).

12. If the victim makes a claim for compensation for additional expenses incurred by him, listed below and caused by damage to health, the following documents are additionally provided:

12.1. A medical report, a medical-social or forensic medical examination report issued in accordance with the procedure established by the legislation of the Russian Federation about the need for additional nutrition, prosthetics, outside care, sanatorium treatment, special vehicles and other services.

12.2. Documents confirming expenses for additional food:

· A certificate from a medical institution about the composition of the daily food package of additional food required for the victim.

· Documents confirming payment for purchased products from the supplementary nutrition food package.

12.3. Documents confirming expenses for prosthetics:

· An extract from the dental record indicating the dental formula of the treatment plan and the procedures performed.

· Documents confirming payment for prosthetic services - originals of cash receipts, sales receipts, calculation of a medical institution with a breakdown of the cost of services provided.

12.4. Documents confirming expenses for outside care:

· Documents confirming payment for care services (a notarized agreement on the provision of care services (medical/household), copies of payment orders certified by the bank evidencing the transfer/original receipt of the transfer of funds to the recipient’s account, or a postal transfer, or a notarized act of acceptance and transfer of funds).

12.5. Documents confirming expenses for spa treatment:

· An extract from the medical history issued by the institution where the spa treatment was carried out.

· A copy of the sanatorium-resort voucher or other document confirming the receipt of sanatorium-resort treatment, certified in the prescribed manner.

· Documents confirming payment for a trip to a sanatorium-resort treatment (original cash receipts, sales receipts).

12.6. Documents confirming expenses for the purchase of special vehicles:

· A copy of the vehicle's passport or registration certificate.

· Documents confirming payment for the purchased special vehicle.

· A copy of the agreement under which the special vehicle was purchased.

12.7. Documents confirming expenses, related to preparation for another profession:

· Invoice for payment of vocational training (retraining).

· A copy of the agreement with the organization providing vocational training (retraining).

· Document confirming payment for vocational training (retraining).

12.8. Documents confirming expenses for medical rehabilitation and other expenses caused by damage to health as a result of an insured event:

· Documents from medical or other organizations confirming the need to receive relevant services or items.

· Documents confirming payment of such expenses.

In 2002, the Federal Law “On compulsory civil liability insurance of vehicle owners” (the so-called “motor citizen”) was adopted. Since then, all persons who own a car are required to insure it in the manner prescribed by law.

You can apply for an MTPL policy at any Russian insurance company. Moreover, as of 2016, 103 insurers, which account for about 90% of all auto insurance transactions carried out in Russia, are members of RSA - the Russian Union of Auto Insurers.

What is the role of RSA?

What is RSA?

To simplify the activities of insurers, as well as ensure the most effective interaction not only with each other, but also with policyholders, the Russian Union of Auto Insurers (RUA) was created on August 8, 2002, a non-profit organization whose activities are regulated by the provisions of the above Federal Law.

RCA solves the problem of bankrupt insurance companies

In the event that for some reason, upon the occurrence of an insured event, the insurance company cannot fulfill its obligations to the policyholder, the resulting debt will be repaid by RSA. Representative offices of the organization operate in six federal districts of Russia.

What are compensation payments?

Compensation payments are funds transferred by RSA to the policyholder injured as a result of an accident, in the event that the insurance company cannot independently make these payments in full.

The payment may be assigned for the purpose of spending funds for the following needs:

• payment for treatment, prosthetics, medicines, food;
• sanatorium-resort treatment and recovery;
• services of nurses and other persons professionally involved in caring for the sick;
• professional retraining, the need for which arose due to the inability of the injured person to perform his previous job duties;
• compensation for potential income that the victim could have received if he had not lost his ability to work as a result of the accident;
• compensation for damage caused to both the car and the property it transports.

Grounds for assigning compensation payments to RSA

In accordance with the provisions of Art. 18 of the law on compulsory motor liability insurance, compensation payments for damages caused to the life and health of the injured party are assigned when the following situations arise:

• if bankruptcy proceedings are underway against the insurance company in which the person responsible for the accident purchased the MTPL policy;
• if the said company’s license to carry out insurance activities has been revoked;
• if it was not possible to identify the person who caused the accident;
• if the participant in the accident, as a result of whose actions the damage was caused, did not conclude an insurance contract.

Compensation payments to compensate for damage caused to property belonging to the injured party are awarded only in the first two cases from the above list.

Procedure for receiving compensation payments

In order to exercise their right to receive funds, a person injured in an accident must complete the following sequence of actions:

1. Submit an application for payment by filling out the prescribed form.
2. Prepare a package of documents, which includes:

a) certificate of an accident in form No. 154, issued by the traffic police;

b) a copy of the protocol/resolution on the administrative offense;

c) notification of an accident (or a European protocol filled out by both parties to the accident);

d) a photocopy of the MTPL insurance policy received by the person who caused the accident (if any);

e) the conclusion of a technical examination carried out by an independent expert, on the basis of which the requirement for the amount of compensation payment is formulated;

f) if after the accident the injured party incurred additional expenses (payment for the services of an expert, tow truck, etc.), it is necessary to submit all supporting receipts and cash receipts;

g) a copy of the applicant’s passport and driver’s license;

h) copies of the PTS of all participants in the accident;

i) certificate of ownership of the damaged vehicle;

j) details of the current account intended for transferring funds.

After completing all the above steps, you should contact the RSA or its regional representative office to schedule a payment.

Sample application for compensation payment

Application for compensation payment to RSA must contain the following information:

• FULL NAME. the applicant and his passport details;
• the applicant's address and telephone number;
• in the event that the application is submitted by a representative of the injured party - information about the document granting him the right to carry out such legally significant actions;
• reference to Article 18 of the Federal Law of April 25, 2002 No. 40 “On compulsory insurance of civil liability of vehicle owners,” according to which RSA is obliged to pay compensation to the injured party;
• information about the accident: date, address and consequences (type of damage, as well as full names of the injured persons, make and model of the damaged vehicle);
• description of damage;
• road accident diagram;
• a description of other property that was damaged as a result of the incident;
• Full name, MTPL policy number and name of the insurer of the person responsible for the accident;
• the make, model and license plate number of the vehicle of the person causing the injury;
• the make, model and license plate number of the injured person's vehicle;
• information about the organization to which the victim applied before the RSA (insurer company or court), as well as the result of this application;
• a list of documents attached to the application;
• the amount of material damage determined based on the results of an independent examination;
• bank account details for transferring compensation;
• date of application and signature of the applicant.

Deadlines for issuing compensation payments

The deadlines given to RSA by the legislator for the payment of compensation correspond to the deadlines established for insurance companies - the victim must receive funds no later than 30 days from the date of filing the application.

However, as practice shows, even the union of auto insurers does not always fulfill its obligations, and citizens injured as a result of an accident have to apply to the courts with claims to restore their rights.

The Russian Union of Auto Insurers is an association that provides citizens with the opportunity to receive compensation payments even if the insurance company in which the MTPL policy was issued went bankrupt or was deprived of its license.

In order to receive money, the injured party only needs to collect documents confirming the fact of the accident and identifying the culprit, as well as present the results of an independent examination that determines the amount of compensation due.