Sample application request for compensation payment. How to receive compensation payment from RSA under compulsory motor insurance? Preparation of documents for RSA

Compensation payment is a payment that is made in accordance with Art. Art. 18, 19, 20 Federal Law No. 40-FZ “On compulsory insurance of civil liability of vehicle owners” in cases where insurance payment under compulsory insurance cannot be made. Compensation payments are made by a professional association of insurers - the Russian Union of Auto Insurers (hereinafter referred to as RSA). RSA adopted its own local act - the rules for the Russian Union of Auto Insurers to make compensation payments to victims, including the order of satisfaction of these requirements in the event of insufficient funds of the Russian Union of Auto Insurers, and the procedure for distributing responsibility among its members for the obligations of the Russian Union of Auto Insurers related to the implementation of compensation payments, approved by the Presidium of the Russian Union of Insurers on June 8, 2004 (as amended on June 26, 2008).

Procedure for receiving compensation payment:

In order to receive compensation payment, you must:

contact the RSA or one of the authorized insurance companies that is a full member of the RSA and collects documents for the RSA on compensation payments;
fill out an application in the prescribed form and attach the following necessary documents.

Documents required to receive compensation payment:

1. Application for compensation payment (Application form for compensation payment).

2. Documents allowing to identify a traffic accident as an insured event (originals or copies of documents certified by the State Traffic Safety Inspectorate):

2.1 Certificate of a traffic accident issued by the State Traffic Safety Inspectorate - form No. 154 (or No. 748, issued before 02/01/2012).

2.2 Copies of the protocol on an administrative offense, a resolution on a case on an administrative offense or a ruling on the refusal to initiate a case on an administrative offense must be presented to the victim in cases where the preparation of such documents is provided for by the legislation of the Russian Federation.

3. Notification of a road accident (if the application is under the European Protocol, the notification of an accident must be filled out COMPLETELY by both participants in the accident).

4. A copy of the policy of the person responsible for the accident (if available).

5. Conclusion of an independent technical examination (drawn up in accordance with the current legislation: vehicle inspection report, damage calculation, photo tables, expert documents), confirming the amount of compensation required by the victim (original or copy, certified by a notary or the expert organization that conducted the examination).

5.1. To reimburse payment for the services of an independent expert, services for evacuation and storage of damaged property, original documents (bank payment, cash receipt or numbered receipt) confirming payment for these services are provided.

6.Other documents (copies):

6.1 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) (first page and registration).

In the event that the applicant is not the owner of the vehicle - the representative’s passport and power of attorney for the right to represent the owner’s interests in the RSA / for the right to submit documents / with the right to receive compensation payment.

2. Driver's license of the person driving the victim's vehicle.

3. Technical equipment passport (copies of both sides).

4. Certificate of registration of the damaged vehicle (copies of both sides).

5. 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.

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

The grounds for receiving compensation payments are:

1. Application of bankruptcy proceedings to the insurance company.

2. Revocation of the insurance company’s license to carry out insurance activities.

3. Unknown person responsible for the harm caused to the victim (only in case of harm to the life or health of the victim/victims).

4. Absence of a compulsory motor liability insurance agreement with the harm-cauter due to failure to fulfill the obligation to insure the civil liability of vehicle owners (only in case of harm to the life or health of the victim/victims).

The basis for receiving a compensation payment is, among other things, the conclusion of an independent examination to determine the costs required to repair the car.

Amount of compensation payments:

Damage caused to the life or health of the victim - no more than 160 thousand rubles.
Damage caused to the property of one victim - No more than 120 thousand rubles.
Damage caused to the property of several victims - No more than 160 thousand rubles.

The company "Volan M" LLC cooperates with insurance companies that collect documents for the Russian Union of Auto Insurers (RUA) on compensation payments.

You can come to one of our offices located on the territory of the insurance company, collecting documents for the RCA, where we will help you conduct an independent examination and collect a full set of documents to receive compensation payment, including preparing an independent examination report on the day of your application (subject to presentation of the damaged property to the expert).

All details can be found by phone.

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, the police captain of the (territorial) Department of Internal Affairs/OVD Surname I.O. (or the 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 on the day the claim was filed is XXX rubles. XX kop.

Based on the above, I request:

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

Attached documents:

A copy of the statement of claim.
Receipt for payment of state duty No. ХХХ dated "_date_" _month_ 2ХХХ.
A copy of the traffic police resolution on an administrative offense (a copy of the court decision on the guilt of S.I. Petrov).
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 method 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 to represent 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. Sale and purchase agreement with a vehicle acceptance certificate.

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.

Compensation from the Russian Union of Insurers (RUA) often becomes a significant help for drivers involved in an accident. What do you need to know and take in a timely manner to receive compensation for losses from RSA? In the material provided below you can find answers to all the main questions.

Statistics on road accidents are steadily growing in the Russian Federation. To help drivers cope with the difficult situation that inevitably results from an accident, the legislator adopted appropriate regulations in 2002.

Federal Law No. 40 obliges RSA to pay insurance compensation to insurance company clients in cases where payment under the insurance contract becomes impossible. Therefore, it is important for RSA clients to know the answers to the following important questions: as a road user:

1. In what situations is it possible to receive compensation from RSA?
2. What should a victim know to receive RSA compensation?
3. How to find out the amount of compensation?
4. What package of documents will need to be prepared for insurance compensation?

Under what circumstances is payment from RSA possible?

An important restriction for an applicant for PCA payments is the rule: compensation is received by those insurers for whom compensation is not possible on the basis of a concluded insurance contract.

You can receive compensation in the following cases:

Bankruptcy of the insurance company with which the contract was concluded.
Revocation of a license for insurance services from an insurance company with which there is an agreement.
The culprit left the scene of the accident and remained unidentified.
The person at fault for the accident did not enter into a compulsory motor liability insurance agreement.

The specified conditions are exhaustive and limited by the legislator, therefore in all other cases it is impossible to receive compensation from RSA.

What exactly is compensated by RSA?

PCA compensation differs significantly from insurance payments. The subject of compensation payments is the facts of harm caused to victims in an emergency.

RSA compensation is subject to:

Lost profit (income) of the victim, resulting in direct dependence on the accident.
Medical expenses for the victim.
Costs of staying in a hospital or sanatorium, necessary for recovery after an accident.
Expenses for prosthetic services, provision of special transport as a result of injury (mutilation).
Satisfying the property risks of the victim.
The cost of professional reorientation resulting from injury and the inability to maintain the same job.

The grounds for compensation must be documented.

Who can receive compensation?

Russian citizenship.
Stateless, with permanent residence on Russian territory.
Foreign citizenship permanently residing in the Russian Federation.
Foreign citizenship with temporary residence on Russian territory.

There are restrictions for persons with foreign citizenship and temporary residence in the Russian Federation. Compensation is possible in cases where the relevant foreign state has assigned a similar right to Russian citizens. Otherwise, compensation is not possible.

Procedure for receiving compensation from RSA

To receive a refund you will need Contact one of the organizations of your choice:

1. RSA.
2. Representative office of RSA in the region.
3. RSA Information Service.
4. Insurance Company, member of the Russian Association of Insurers.

Payment algorithm:

1. Consultation with one of the organizations of your choice: obtaining an application form and clarifying the list of required documents.
2. Preparation of a package of necessary documents.
3. Submitting an application and a package of documents to the RSA and filing a claim for insurance compensation.

Preparation of documents for RSA

Download the application form for compensation payment

The package contains a main and additional list of documents. The provision of additional documents depends on the specific situation and the category of persons to which the applicant belongs. The main package includes the documents presented below.

Application completed on a special form:

Completed application form.
Documentary confirmation of the fact of the insured event.
Certificate in form from the traffic police (No. 154).
AR protocol (copy), resolution on the offense.
Notification of an accident.
Insurance policy (OSAGO).
Expert opinion on the technical condition of the vehicle after an accident.
Receipt for payment for the expert’s services (copy of the financial document on payment).

Personal documents of the victim:

A copy of the passport (pages with marks) of the owner of the vehicle or his legal representative of interests.
A copy of the driving license of the person who was driving at the time of the accident.
Power of attorney to represent the interests of the applicant, certified by a notary.
Vehicle registration certificate (double-sided).
PTS (copies of owners, participants in road accidents).
Documentary confirmation of ownership of property damaged as a result of an accident (except for the vehicle).
Details for transferring compensation.
A court decision on payment in favor of the interested party (if a copy is provided, the document is certified in court).
Executive document or decision to terminate the case (original).

It is advisable to agree on the completeness of the package with the RSA employee at the time of submitting documents, so as not to waste time if one of the documents is missing.

Amount of payment from RSA

The amount of RSA compensation depends on:

1. The income level of the affected person.
2. Amounts of additional costs.
3. The degree of harm caused to the victim.
4. The amount of damage caused to property and other circumstances.

The amount of payments also depends on the date of conclusion of the insurance contract:

Before 04/01/15 – 160 thousand rubles, after this date – 500 thousand rubles. (if harm is caused to life or health).
Until October 1, 2014 - 120 thousand rubles, after this date - 400 thousand rubles. (when causing damage to the victim’s property).

If more than one person is injured, the amount of compensation increases.

What are the deadlines for RSA payments?

According to the RSA compensation rules (clause 13), the period from the moment the decision on payment is made is limited to 5 working days. The moment of fulfillment of obligations will be the actual debiting of funds from the RSA account.

Insurance payments RSA

Compensation payments

Thousands of road traffic accidents (RTAs) occur on our roads every day. Drivers, passengers and pedestrians are often killed or injured in them. Often, those responsible for road accidents are not able to pay in full for the damage they caused.

The rights of a person injured in an accident and members of his family are protected by the Federal Law of April 25, 2002 No. 40-FZ “On compulsory insurance of civil liability of vehicle owners” (hereinafter referred to as the MTPL Law).

According to the Law on Compulsory Motor Liability Insurance, the Russian Union of Motor Insurers makes compensation payments to compensate for harm caused to the life or health of the victim, as well as compensation for property damage in cases where insurance compensation under compulsory insurance cannot be provided by the insurance company for a number of reasons established by law.

WHAT ARE COMPENSATION PAYMENTS?

Compensation payments are made in order to compensate for damage caused to the life, health of victims of road accidents and the property of victims in accordance with the Law on Compulsory Motor Liability Insurance, in cases where insurance payment cannot be made.

IN WHAT CASES ARE COMPENSATION PAYMENTS MADE?

life or health

2) the insurance company that insured the civil liability of the tortfeasor has had its license to carry out insurance activities revoked;

3) the culprit of the accident is unknown;

4) the person at fault for the accident does not have a compulsory civil liability insurance contract.

· Compensation payments for damages property are carried out only in cases where victims cannot receive insurance payment under a compulsory insurance contract, namely:

1) the insurance company that insured the civil liability of the tortfeasor has been declared bankrupt;

2) the insurance company that insured the civil liability of the tortfeasor has had its license to carry out insurance activities revoked.

note that if the circumstances of an accident, as a result of which the victim’s vehicle was damaged, meet the criteria for direct compensation for losses (clause 1 of Article 14.1 of the Law on Compulsory Motor Liability Insurance), the victim is obliged to apply for payment to the insurer that insured his liability (to “his” insurer) .

You can determine where to contact - the insurer or the RSA - using the table below describing the situations:

socialsaratov

Application for Compensation Payment to RSA

Your home lawyer. How to receive compensation for damage if the MTPL insurer is bankrupt or its license has been revoked. 06.06.

2013 | Author: Your home lawyer. More and more often, one company or another leaves the insurance market. A car owner, when concluding an MTPL agreement, naturally does not think about how long his insurer will work. The bankruptcy of any insurer or the revocation of its license can happen unexpectedly for an ordinary motorist. What to do in the event of an accident if the insurer is bankrupt or its license has been revoked? Whether to file claims against the culprit of the accident. If, at the time of the demand for payment, the license of the insurer responsible for the accident has been revoked or bankruptcy proceedings have begun, or the insurer is already bankrupt, then the victim cannot contact his insurance company under the PPV.

The application for compensation payment and the necessary instructions are on the official website of RSA http://autoins.ru/ru/compensation/.
Application (Demand) for compensation payment. 1. Applicant: receiving RSA all necessary documents. With deadlines for implementation.

In this case, he will be refused. In these situations, you need to contact the Russian Union of Auto Insurers (RUA). In the Law on Compulsory Motor Liability Insurance, art. 18, provides for the right of victims to appeal to a professional association of insurers in these cases.

To receive a compensation payment, you need to contact the company, or RSA will accept your application and process the claim. Compensation payment from the Russian Union of Auto Insurers (RUA), claim against Upon presentation of an application for compensation of lost earnings. In your application for compensation, carefully describe the entire list of documents submitted to the RSA. A copy of the submitted application.

Compensation payments under compulsory motor liability insurance are made in the same manner as payment by the insurer. The culprit is responsible for damage only if the limit under compulsory motor liability insurance is exceeded, also if the policy is counterfeit, expired, or invalid. However, if harm to life or health is caused, even if the culprit does not have a compulsory motor liability insurance policy or if the culprit of the accident is unknown, RSA makes compensation payments.

What documents need to be submitted to the RSA for compensation payment under MTPL. The list of documents is the same as for applying to the insurer, provided for by the MTPL Rules. I will not list the list from the MTPL Rules, especially since all drivers have the rules in their hands and are also freely available on the Internet. There is a complete list of documents for compensation payments on the RSA website. In addition to the documents listed in the MTPL Rules, you must send a completed damage assessment and checks for payment for its assessment to the RSA. If the MTPL insurer organizes an assessment of the damage and pays for it itself, then RSA does not do this. You must send either original documents or notarized copies.

In addition, to receive a compensation payment from the RSA, you also need copies of the passport of the owner or the person who will receive the payment by proxy, copies of a driver’s license, vehicle registration certificate, PTS, and details for transferring money. If you went to court with a claim against the insurer and a decision was made in your favor, then you also need a copy of this decision, certified by the court, as well as a writ of execution. The list of documents for citizens can be found here.

Legal entities have their own separate list of documents, which can be viewed here. To receive compensation in case of harm to life and health, there is also a list of documents. Naturally, in all cases an application for payment is required. The application form is available on the RSA website.

Does RSA refuse compensation? RSA refuses payment on the same grounds. as MTPL insurers.

Therefore, if you receive a refusal, you can go to court with a claim. You can go another way: sue. Receive a decision and a writ of execution and present them to the RSA if you are afraid of being denied compensation.

What to do if the insurer is not yet bankrupt, but it no longer pays money to anyone. You need to file a lawsuit against the MTPL insurer. Having a writ of execution in hand, present it to the bailiff for collection and wait for the insurer to have money in its accounts. Call! We will help you recover insurance compensation or compensation payment from RSA if they refused or paid less.

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Application for compensation payment RSA form

In your application for compensation, carefully describe the entire list of documents submitted to the RSA. A copy of the submitted application.

Documents required to receive compensation payments

Dear applicant! RSA is not the legal successor of insurers whose license to carry out insurance activities has been revoked, also, by virtue of clause 4 of Art. 11 of the Federal Law of January 12, 1996 No. 7-FZ “On Non-Profit Organizations”, clause 3.4 of the Charter of the RSA is not responsible for the obligations of its members, including, it does not bear subsidiary liability for the obligations of its members, therefore it has no legal basis to execute court decisions , issued not in relation to RSA. Compensation payment is made only if there is a complete package of documents, namely: 1. Application for compensation payment (Application form for compensation payment). 2. Documents that allow you to identify a traffic accident as an insured event (originals or copies of documents certified by the State Traffic Safety Inspectorate): 2.1 Certificate of a traffic accident issued by the State Traffic Safety Inspectorate - form No. 154 (or No. 748, issued before 02/01/2012). 2.2 Copies of the protocol on an administrative offense, a resolution on a case on an administrative offense or a ruling on the refusal to initiate a case on an administrative offense must be presented to the victim in cases where the preparation of such documents is provided for by the legislation of the Russian Federation. 3. Notification of a road accident (if the application is under the European Protocol, the notification of an accident must be filled out COMPLETELY by both participants in the accident). 4. A copy of the policy of the person responsible for the accident (if available). 5. Conclusion of an independent technical examination* (drawn up in accordance with the current legislation: vehicle inspection report, damage calculation, photo tables, expert documents), confirming the amount of compensation required by the victim (original or copy, certified by a notary or the expert organization that conducted the examination). *The conclusion of an independent technical examination must comply with the requirements of Bank of Russia Regulation No. 432-P “On a unified method for determining the amount of costs for restoration repairs in relation to a damaged vehicle”, Bank of Russia Regulation No. 433-P “On the rules for conducting an independent technical examination of a vehicle”. 5.1. To reimburse payment for the services of an independent expert, services for evacuation and storage of damaged property, original documents (bank payment, cash receipt or numbered receipt) confirming payment for these services are provided. 6. Other documents: 6.1 For individuals: 1. A copy of the 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) (first page and registration). In the event that the applicant is not the owner of the vehicle - a copy of the representative’s passport and a power of attorney (or a copy thereof) from the owner of the vehicle, certified in the prescribed manner (clause 3.10 and clause 4.14 of the OSAGO Rules), for the right to represent the interests of the owner in the RSA or insurance companies, as well as with the right to receive insurance or compensation payments. 2. A copy of the driver's license of the person driving the victim's vehicle. 3. Technical equipment passport (copies of both sides). 4. Certificate of registration of the damaged vehicle (copies of both sides). When accepting documents at RSA, the submitted copies are checked against the original documents. 5. 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. 6. Recipient’s current account and bank details for transferring funds (compensation payment); 7. The original of the court decision to recover the amount of insurance payment from the insurer who insured the liability of the tortfeasor in favor of the victim or its copy certified by the court, as well as the original of the writ of execution or the original of the Resolution on termination of enforcement proceedings (these documents are submitted together with the main package of documents) . 6.2 For legal entities (copies certified by a legal entity): 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. Power of attorney to represent interests and a copy of the representative’s passport (first page and registration). 6. Waybill for the driver of the damaged vehicle. 7. Driver's license of the person driving the damaged vehicle 8. Vehicle passport (copies of both sides) 9. Certificate of registration of the damaged vehicle (copies of both sides). 10. 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. 11. Extract from the Unified State Register of Legal Entities. 12. Recipient’s current account and bank details for transferring funds (compensation payment). 13. The original of the court decision to recover the amount of insurance payment from the insurer who insured the liability of the tortfeasor in favor of the victim or its copy certified by the court, as well as the original of the writ of execution or the original of the Resolution on termination of enforcement proceedings (these documents are submitted together with the main package of documents) . Review of documents and adoption of a decision on them is carried out within 30 days from the date of submission of the last document. Self-prepared copies of the necessary documents will significantly reduce the time it takes to receive them when applying directly to the RSA. When reviewing documents to make a decision, it is possible to request additional information and documentation. 2. A reminder about the documents required to receive compensation for harm caused to the life or health of citizens. Application form for compensation payment (97 KB) Application for compensation payment (attached) Copy of the victim’s passport Bank details for transferring funds (BIC, INN, correspondent account, settlement account of the Bank, name of branch, person/account recipient) Notarized power of attorney for the right to represent the interests of the victim in the RSA (upon presentation of a package of documents by another person) Documents from the traffic police, court Certificate form No. 31 or a copy certified by the traffic police Certificate Form No. 12 or a copy certified by the traffic police Certificate of a traffic accident issued by the traffic police - form No. 154 (or No. 748, issued before 02/01/2012). A copy of the protocol on an administrative violation, certified by the State Traffic Safety Inspectorate. A copy of the resolution on the case of an administrative violation, certified by the State Traffic Safety Inspectorate. A copy of the ruling on the refusal to initiate a case on an administrative violation, certified by the State Traffic Safety Inspectorate - replaces copies of the protocol and resolution on the administrative violation. A copy of the decision - a receipt for the imposition of an administrative fine, certified by the State Traffic Safety Inspectorate. A verdict/Court decision/Resolution to refuse to initiate a criminal case - the original, or a copy certified by the court. Expenses for the purchase of medicines and treatment: Extract from the medical history, outpatient/inpatient card of the patient, issued by the medical institution with the appointment/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) Documents confirming payment for the services of the medical institution, purchased medications (cash sales receipts , receipts on strict reporting forms) Compensation for lost earnings: Conclusion from the relevant medical institution indicating the nature of the injuries and injuries received by the victim, diagnosis, period of incapacity for work. 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 in % and indicating the period for which this % is established. (If an injury sustained as a result of an accident is recognized as an “industrial accident,” this conclusion is not provided!) A certificate or other document about the average monthly earnings (income), scholarship, pension, benefits that the victim had on the day of the injury to his health ( 2NDFL), other documents confirming the income of the victim, which are taken into account when determining the amount of lost earnings (income). (DATA IS PROVIDED FOR THE YEAR BEFORE the accident - Article 1086 of the Civil Code of the Russian Federation.) A copy of the disability certificate (if a group was assigned as a result of the accident disability) Copies of certificates of incapacity for work certified by the employer (indicating the benefit paid for temporary disability) Expenses for additional food: A medical report issued in accordance with the procedure established by the legislation of the Russian Federation, a conclusion of a medical, social or forensic examination on the need for additional nutrition (Expenses for additional food are included in the insurance payment in an amount not exceeding 3 percent of the insured amount) Certificate from a medical institution on the composition of the daily additional food package required for the victim Documents confirming payment for purchased products from the additional food package Expenses for prosthetics: Medical certificate issued in accordance with the procedure established by the legislation of the Russian Federation , conclusion of a medical, social or forensic medical examination on the need 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, medical calculations. institutions with a breakdown of the cost of services provided. Outside care: A medical report issued in accordance with the procedure established by the legislation of the Russian Federation, a conclusion from a medical, social or forensic examination on the need for outside care (The costs of outside care are included in the amount of the insurance payment in the amount of no more than 10 percent of the insurance amounts) documents confirming payment for care services (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 postal order , or a notarized act of acceptance and transfer of funds) Sanatorium-resort treatment: A medical report issued in accordance with the procedure established by the legislation of the Russian Federation, a conclusion of a medical-social or forensic medical examination on the need for sanatorium-resort treatment An extract from the medical history issued by the institution, in in which the sanatorium-resort 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 San. -chickens map, certificate f. 072/u-04 Documents confirming payment for a voucher for sanatorium-resort treatment (originals of cash receipts, sales receipts) Special vehicle: Represents a medical report issued in accordance with the procedure established by the legislation of the Russian Federation, a conclusion of a medical, social or forensic examination on the need for special transport funds Copy of the vehicle passport or certificate of registration Documents confirming payment for the purchased special vehicle Agreement under which the special vehicle was purchased Other profession: Medical report issued in accordance with the procedure established by the legislation of the Russian Federation, conclusion of a medical, social or forensic examination on the need to prepare for another profession Invoice for payment of vocational training (retraining) Copy of the agreement with the organization providing vocational training (retraining) Document confirming payment for vocational training (retraining) Loss of a breadwinner: Statement containing information about family members of the deceased victim, indicating the persons who were dependent on him and have the right to receive maintenance from him Copy of the death certificate Copy of the birth certificate of the child (children) Copy of the marriage certificate Certificate confirming the establishment of disability, if on the date of the insured event the deceased were dependent on disabled people Original certificate of education in full-time educational institution. (if the child is from 18 to 23 years old) Conclusion (certificate from a medical institution, social security agency) about the need for outside care, if at the time of the insured event there were persons dependent on the deceased who needed outside care care 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 busy caring for his relatives, if at the time of the insured event the deceased was dependent on non-workers family members caring for his relatives Copy of the certificate of guardianship (if the applicant/recipient of the compensation payment is a guardian) Certificate from the guardianship and trusteeship authorities indicating permission to transfer money. funds to the guardian's account Court decision establishing the fact of being dependent on the deceased during his lifetime Burial: Copy of the death certificate Documents confirming the necessary expenses for burial (original cash receipts, sales receipts, receipts on strict reporting forms)

Compensation payment from the Russian Union of Auto Insurers (RUA), claim against Upon presentation of an application for compensation of lost earnings.

Naturally, in all cases an application for payment is required. Application form Does RSA refuse compensation?

Application (Demand) for compensation payment. 1. Applicant. 5. Where did you apply for insurance compensation (before RCA): ______.
RSA is not the legal successor of insurers whose license for the Application for Compensation Payment has been revoked (Application Form for.
To receive a compensation payment, you need to contact the company, or RSA will accept your application and process the claim.
Compensation payment under the MTPL policy in RSA. Application for compensation payment (Application form for compensation payment). 2.
Below are scanned forms for filling out an application to the RSA. RSA's response to the request Application to RSA for receipt.

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How to receive compensation payment from RSA

In some cases, provided for by the Law on Compulsory Motor Liability Insurance, the obligation to pay insurance compensation to victims of road accidents is performed by RSA (Russian Union of Auto Insurers). These are the so-called compensation payments.

In accordance with Article 18 of the Law on Compulsory Motor Liability Insurance, if harm is caused to life or health, then compensation payment can be received from the RSA in the following cases:

— if the MTPL insurer is bankrupt;

— if the insurer’s license has been revoked;

— if the culprit of the accident is unknown;

- if the person at fault for the accident does not have a compulsory motor liability insurance agreement at all (he did not enter into one).

If damage is caused to property, then compensation can be received only in the first two cases out of four, i.e. in case of bankruptcy and deprivation of an insurer's license. In other cases, the problem will have to be solved in other ways, but not through RSA,

Where can I receive compensation payments?

For compensation payment, you must contact the RSA or the insurer, which considers such claims at the expense of the RSA and is an authorized organization.

To do this, you will need to make an independent examination for the RSA, fill out an application, and attach all the necessary documents to it.

List of documents for receiving compensation payment:

Application for compensation.
Certificate of a traffic accident issued by the State Traffic Safety Inspectorate - form No. 154 (or No. 748, issued before 02/01/2012).
Copies of the protocol on an administrative offense, a resolution on a case on an administrative offense or a ruling on the refusal to initiate a case on an administrative offense must be presented to the victim in cases where the preparation of such documents is provided for by the legislation of the Russian Federation.
Notification of a road traffic accident (if the application is under the Euro Protocol, the notification of a road accident must be filled out COMPLETELY by both participants in the road accident).
Conclusion of an independent technical examination (drawn up in accordance with the current legislation: vehicle inspection report, damage calculation, photo tables, expert documents), confirming the amount of compensation required by the victim (original or copy, notarized or certified by the expert organization that conducted the examination).
A copy of the 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) (first page and registration). In the event that the applicant is not the owner of the vehicle - the representative’s passport and power of attorney for the right to represent the owner’s interests in the RSA / for the right to submit documents / with the right to receive compensation payment.
Driver's license of the person driving the victim's vehicle.
Technical equipment passport (copies of both sides).
Certificate of registration of the damaged vehicle (copies of both sides). When accepting documents at RSA, the submitted copies are checked against the original documents.
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.
Recipient's current account and bank details for transferring funds (compensation payment);
The original court decision on the recovery of the amount of insurance payment from the insurer who insured the liability of the tortfeasor in favor of the victim or its copy certified by the court, as well as the original writ of execution or the original Resolution on termination of enforcement proceedings (these documents are submitted together with the main package of documents).

In case of harm, documents are needed confirming the harm to health and the costs of its restoration.

Terms of compensation payments

The terms for payment are the same as when receiving insurance compensation under compulsory motor liability insurance from the insurer: 30 days. However, if any document is missing, compensation payment will be denied. This is a waste of extra time. In addition, the actual time frame for receiving these payments is 3 months or more.

In addition, there are often cases when the Russian Union of Auto Insurers completely refuses payment, read more here http://www.proautopravo.ru/avtopravo/rsa-ne-platit-osago/

How to speed up the process of receiving money?

You can sell us the insurance debt and receive the money immediately. In this case, our company will take care of collecting money from RSA.

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Federal Law of April 25, 2002 N 40-FZ (as amended on December 29, 2017) On compulsory civil liability insurance of vehicle owners ON COMPULSORY CIVIL LIABILITY INSURANCE OF VEHICLE OWNERS April 3, 2002 April 10, 2002 In order to protect the rights of victims [... ]

To court station No. 397

Zamoskvorechye district of Moscow

Address: Pyatnitskaya street 53/18 building 1

Plaintiff: Victim A.A.

Address: _______________________________________________

Defendant: Russian Union of Auto Insurers

Address: Moscow, st. Lyusinovskaya 27 building 3

STATEMENT OF CLAIM

“__” _____ 20__ there was an accident involving something belonging to me, Victim A.A. car _____, state registration plate _________ and car ________, state registration plate _________, driven by Driver B.B.

The accident occurred as a result of the actions of Driver B.B., which was established by a decision of an official (indicate which one - a traffic police officer or as a result of a trial - a judge). The civil liability of the culprit of the accident is insured by Insurance Company LLC, whose license was revoked “__” ______ 20__, policy ____ No. ________ dated “___” ______ 20__.

As a result of the accident, my car suffered mechanical damage, the amount of damage amounted to __________ rubles. ___ kopecks, in addition, I incurred expenses for paying for a report on the cost of repairs in the amount of _______ rubles. ____kop.

According to the Federal Law of April 25, 2002 No. 40-FZ “On compulsory civil liability insurance of vehicle owners” and the Government of the Russian Federation Decree No. 263 of May 7, 2003 “Rules for compulsory civil liability insurance of vehicle owners,” I applied to the Russian Union of Auto Insurers to receive compensation payments, while I presented a package of documents for payment required by law.

The defendant, in violation of the requirements of paragraph 1 of Article 18 of the Federal Law of April 25, 2002 No. 40-FZ “On compulsory civil liability insurance of vehicle owners,” refused to make a compensation payment to me, citing the fact that the culprit of the accident was not included in the compulsory motor liability insurance policy.

However, the MTPL Law does not contain any mention of a possible refusal of payment on this basis; in accordance with paragraph 5 of Art. 14 of the Law on Compulsory Motor Liability Insurance in the event that the person who caused the harm is not included in the compulsory insurance contract as a person allowed to drive a vehicle (when concluding a compulsory insurance contract with the condition that the vehicle is used only by the drivers specified in the compulsory insurance contract); The insurer has the right of recourse against the person who caused the harm.

According to Article 19 of the Law on Compulsory Motor Liability Insurance, the rules established by the legislation of the Russian Federation for relations between the beneficiary and the insurer under a compulsory insurance contract apply to the relationship between the victim and the professional association of insurers regarding compensation payments.

Thus, according to clause 70 of the Rules, the Russian Union of Auto Insurers must pay me a penalty in the amount of “one seventy-fifth of the refinancing rate of the Central Bank of the Russian Federation, valid on the day when the insurer was supposed to fulfill this obligation, from the established insured amount for the type of compensation for damage to each to the victim."

Since in my case the damage was caused only to property, the insured amount is 120,000 rubles.

Thus, on the day the claim was filed, the penalty is ______ rubles. ___ kop.

Based on the above, I ASK:

1.Collect __________ rubles from the Russian Union of Auto Insurers. ___kop. for damages.

To recover from the Russian Union of Auto Insurers the amount of paid state duty - _______ rubles. ___ kop.

To recover ______ rubles from _____ as compensation for legal expenses.

Collect a penalty in the amount of _______

Applications:

1. A copy of the statement of claim;

2. Receipt No.___ dated ""__________ 20__ for payment of state duty;

3. A copy of the traffic police resolution on an administrative offense (a copy of the court decision on the guilt of Driver B.B.);

4. A copy of the “Report” of LLC “Independent Expertise”;