Compulsory insurance of the civil liability of vehicle owners (MTPL) protects a motorist if he or she causes harm to the life, health or property of other road users. The payment under such a policy is received not by the at-fault driver but by the injured party, yet the speed and completeness of compensation depend on how correctly both sides behave immediately after the accident. Below are the steps to take when an insured event occurs, the list of documents and explanations of what to pay attention to.
In the event of a road accident:
- Switch on the hazard warning triangle, then report the traffic incident to the traffic police on 112. Until the traffic police arrive, do not move the vehicle and do not leave the scene.
- Report the accident to the Insurance Company’s call centre at the number given in the policy or the information leaflet.
- Keep the damaged vehicle (damaged property) in the condition in which it was left as a result of the insured event until it is inspected by a representative of the Insurance Company.
- Take all possible measures to reduce the potential loss.
- Do not make any cash payments or statements without the written consent of the Insurance Company.
- No later than 3 business days later, report the insured event to the office of the Insurance Company; the oral notification must subsequently (within seventy-two hours) be confirmed in writing.
- Submit to the Insurance Company the documents in accordance with the list of documents required to make the insurance payment.
Explanations of the procedure
Why it is important not to leave the scene or move the car
The position of the vehicles, skid marks, debris and the nature of the damage are the basis for establishing the circumstances of the accident and who is at fault. If the cars are moved before the police arrive, it is harder to reconstruct the picture, and a dispute over fault delays payment. Regardless of this, it is useful to photograph and film the scene immediately from several angles: a general view, the position of the cars, licence plates, the damage, road signs and markings. Write down the contact details of witnesses – their testimony may be needed.
Why you should call the insurance company immediately
The call-centre operator will register the event and advise you on the next steps and the address to which documents should be submitted. Note the date and time of the call and the reference number, if one is assigned. The oral notification must be confirmed by a written statement within the periods stated above: missing the deadline can give the insurer grounds for objections.
Preserving damaged property
Do not repair the car or get rid of damaged parts until a representative of the insurance company has inspected it. If repair or towing is urgently needed, agree it with the insurer and keep a photographic record of the condition before work begins. Measures to reduce the loss are, for example, towing the car to a guarded car park, not repairing it yourself.
No payments or admissions without the insurer’s consent
At the scene of an accident people often offer to “settle the matter” with money or to sign a receipt. Voluntary payments and written undertakings made without the consent of the insurance company may complicate settlement: the insurer is entitled to disregard such arrangements. Give explanations to the police based on facts, without assessments or assumptions.
List of documents
The Insurance Company’s client:
- Insured event claim form;
- The insurance policy (or its duplicate) of the person whose civil liability arose as a result of causing harm to the life, health and (or) property of the injured party;
- A document confirming that the insured event occurred;
- A copy of the driving licence of the policyholder (insured) or of the person who was driving the vehicle, and a copy of the document confirming the right to drive that vehicle, including a copy of the vehicle registration certificate.
The injured party:
- a copy of the certificate from a healthcare organisation on the period of temporary incapacity for work of the injured party where harm was caused to the life or health of the injured party, or a certificate from specialised institutions establishing the disability of the injured party – if disability has been established;
- a notarised copy of the death certificate of the injured party;
- a document confirming the right of the beneficiary to compensation for harm (copy);
- an application for the organisation of a vehicle appraisal;
- documents on the assessment of the amount of harm caused, made by an independent expert;
- a copy of the ID of the beneficiary (for an individual) or the original power of attorney issued to the representative of a legal entity;
- an application for the insurance payment.
The exact set of documents depends on the circumstances: where only property is harmed, medical certificates are not needed, while in the case of harm to health documents on treatment are added. When submitting the package, keep a copy of the application with a stamp of receipt – this is proof of the date of your claim.
What an MTPL policy covers
The policy covers liability to third parties: harm to the life and health of injured persons, as well as damage to their property, primarily their car. The at-fault driver’s own car is not covered by an MTPL policy – for that you need a voluntary CASCO policy. The payment is made within the limits set by law; if the damage exceeds the limit, the injured party is entitled to claim the difference directly from the at-fault driver.
If the at-fault driver has no policy or the insurer has left the market
In cases established by law – for example, if the at-fault driver fled and has not been identified, or the insurance company’s licence has been revoked – compensation may be paid by the Insurance Payments Guarantee Fund. The procedure and scope of such payments are determined by legislation, so in such a situation it is worth clarifying the conditions in advance before collecting documents.
Typical mistakes
- Driving away without formalising the accident: without a document confirming the insured event, it is very difficult to obtain a payment.
- Missing the deadline for written notification of the insurer.
- Repairing the car before it has been inspected.
- Ordering an appraisal without notifying the insurer: it is better to agree the organisation of the appraisal in advance.
- Submitting an incomplete package of documents – consideration is postponed until the missing items are provided.
- Giving incorrect bank details for the transfer of the payment.
Frequently asked questions
Where does the injured party apply?
To the insurance company of the party at fault in the accident. Its name and the policy number are stated in the documents drawn up at the scene; the validity of the policy can be checked in the unified insurance database.
Can I disagree with the amount of the payment?
Yes. The injured party is entitled to request the calculation, submit the opinion of an independent expert and send the insurer a written complaint. If the dispute is not settled, you can turn to the insurance ombudsman or the court.
Do I need to notify my own insurance company if I am the injured party?
If you have CASCO – yes, within the periods provided by your contract. Sometimes it is more convenient to obtain compensation under CASCO, and the insurer will then recover the damage from the at-fault driver itself.
You can calculate the cost of the policy in the MTPL calculator. If difficulties with settlement arise after an accident, you can get a consultation from an insurance broker.