New amendments to the Law “About insurance”: the culprit can expect to pay
Back to the past: That is why now the parties to the accident it is better to negotiate
You won’t believe, but now with the entry into force of new amendments to the Law “About insurance”, the culprit will also be able to count on insurance payment. How is this possible? Because the payment should only be received by the injured party. It turns out that possible. We decided to investigate and find out whether the new Law “About insurance” is fraught with pitfalls that allow even the perpetrators of accidents to obtain insurance reimbursement.
Recall, June 1, 2018 entered into force the latest amendments to the Law “About insurance”, expanding the limit of damage under which parties to an accident have the right to issue road accident without involvement of traffic police (the so-called evroprotokol). 1gai.ru already wrote about these new amendments in the article “How to arrange an accident on 1 June 2018”.
So, on June 1, 2018, if the accident was not the victims and participants of the accident were two drivers (two cars) and if the amount of the damage does not exceed 100 thousand roubles, allowed to make an accident without traffic police. And now participants of road accident have the right to issue an accident on evroprotokol without employees of traffic police, even if there are some differences in the circumstances of a traffic accident. For example, you can now issue a European accident report, even if the drivers do not come to a unanimous agreement about the culprit.
However, in the event of disagreement, participants of road accident without involvement of traffic police have the right to issue accident only with the use of a special mobile application, or to capture and transmit data about the accident using the emergency care (link) ERA-GLONASS, which today are installed in all new cars. If such equipment is not available, and no special mobile application, the accident can be issued without the participation of the traffic police, only if the damage is not more than 50, 000 and if there is no disagreement between the participants of the accident.
Also, we will remind, in Moscow, the Moscow region, Saint-Petersburg and Leningrad region have long been operating extended limit damage, in which participants of road accident are entitled to make an accident without traffic police (400 000 RUB). However, in the event of an accident must, if the design of the Euro Protocol to use for fixing the accident button GLONASS, which should be at least one car or use for data transmission about the accident in the unified database of insurers special mobile application (at the time of this writing, the mobile app is available for download on Android phones and iPhone, but the section on registration of the accident is still under development).
The pros and cons of the amendments to the Law “About insurance”
Unfortunately, the new Law “About insurance” there are both pluses and minuses. For starters, let’s talk about the pros. Of course, the extension limit damage in the framework of the Euro Protocol is a definite plus for drivers, as the maximum amount of damage in 50 000, in force until 1 June 2018, more often than not allowed the accident to make an accident without traffic police (evroprotokol). This is explained by the fact that in connection with essential rise in price of new auto parts and components (due to the sharp growth of the dollar against the ruble over the past 3 years), as well as services in technical centers, the average cost of payments in the CTP over the last year has exceeded 60 thousand roubles. Naturally, the participants of the accident, not being experts on the evaluation of the damage caused as a result of an accident, simply began to fear that in the design of europrotocol will be released then after assessing the damage of the maximum limit, which allows to make an accident without traffic police.
It is logical that the drivers do not clairvoyants and so began to try more often to call the police even for a minor accident.
Expanding the limit of damage to 100 thousand rubles, the authorities expect that the drivers will be more likely to issue accident without involvement of traffic police.
However, while most motorists can’t do that in connection with a non-working mobile application that can transmit data about the accident into the database of insurers. Unfortunately, the button GLONASS today is not all cars.
So, despite the entry of the new Law “About insurance” in force, the situation on registration of the accident according to the europrotocol is deplorable.
But when running the mobile app, we think the number of accidents, formulated in the framework of the Euro Protocol, will increase exponentially.
Now let’s talk about the disadvantages of the new Law “About insurance”. And they, unfortunately, are. And this is not surprising. We live in Russia, where when someone that is trying to make it easier, as always, everything goes harder. Especially when we are talking about our legislators, who often do not know how to calculate all the consequences of new legislative initiatives. Remember “Plato”, raising the excise tax on fuel. You know what caused the drastic measures of the Russian Government. Yes, the collection of money under these laws has increased. But raised a wave of indignation of citizens. As a result of the excise duty the Government had to revise their appetites and reduce starting from June 1 the excise tax on fuel, and freeze the planned increase in excise duties on fuel, which was planned from 1 July 2018.
I wonder when the Government will see the new law pitfalls and suggest amendments? Although we doubt that amendments will be, because all the disadvantages of the new law apply only to drivers. For insurers, the new law bears only some advantages.
So, according to the new Law “About insurance”, which entered into force on 1 June 2018, the accident participants are allowed to draw up an accident according to the europrotocol, if the amount of damages does not exceed 100 thousand rubles. Including the crash issue now even if there are differences (and believe me, they have 90% of all accidents).
What this actually means? This means that now the participants of the accident have, as in 90-e years, to agree among themselves about the circumstances of the accident and determine the culprit. Why? Let me explain.
As the culprit could get a refund for the insurance policy?
As we said in the beginning of the article, now every culprit there is a theoretical possibility to receive compensation. Yes, this is not a fairy tale. It is a reality. The fact that the legislator has allowed 1.06.2018 year to issue accident without involvement of traffic police in the disputes of the accident, then the perpetrator of the accident will be set by the insurer, which has only one objective: lower payments, more profits.
No, of course not all insurance companies are dreaming, as not to make payments to the injured party. However, there are no miracles. Insurance companies work to maximize profits. Therefore, when disagreements of the parties to the accident who obtained the europrotocol, most insurers will accept mutual blame in accidents, which will allow not only to cut down on costs in the payment, but does not bother to establish the real culprit. After all, to identify the perpetrator of an accident is not only familiar with existing traffic rules and all the innovations, but also to have extensive knowledge in Russian legislation. Understand that for insurance companies it is the extra costs for the salary of the technicians. Of course, in this case, insurance companies would be found guilty in an accident both parties of the accident and to pay to each party for 50% of the amount of damage to each car.
So, before you make evroprotokol, participants of road accident will be better still to agree with each other. Although the guilty party to agree in this case will not be profitable, because if there are disagreements the culprit remains a small, but a chance to get 50% of the payment of damages.
Unfortunately, as you can see, the new Law “About insurance” is not ideal and is fraught with serious pitfalls, which can be used legally competent culprits of accidents.
If you consider yourself innocent in an accident, but after making evroprotokola insurance company recognized you are also guilty of the accident (guilty recognized by both participants of the accident – mutual fault), I suggest you challenge the decision of the insurance company in court.
At least, I do not advise you to make an accident without traffic police.