WHAT TO DO IMMEDIATELY
In this case, it is necessary to call the traffic police, and immediately report the injured, if any. Then, along with the traffic police order, the on-going inquiry officer or investigator will arrive. We will have to decide on the initiation of a criminal case, and this requires a more detailed registration of the incident. Even when it comes to causing slight bodily harm, a driver’s license is always taken from the driver - such are the requirements of Article 27.10 of the Administrative Code of the Russian Federation. Then, if the administrative case is retrained into a criminal one, the court will decide on the form of responsibility of the driver.
When issuing an insurance notice, you need to know: in cases where one of the drivers is not able to do this (for example, was badly damaged), the second side of the document is not filled out. But the notice should indicate the number of victims and (if possible, of course) name their surnames, first names and patronymic, as well as their place of residence. Remember - you have the right to contact the insurance company directly from the scene of an accident, and if the insurer considers it necessary, he will send his representative there. After all, if we talk about compensation for harm, then the insurance company is most interested in this - the client is found guilty and she will have to pay.
As well as when causing material damage, the driver must report the incident to the insurance company no later than five days after the collision, although the lack of timely notification cannot serve as a basis for refusing to pay insurance compensation.
The victims, regardless of whether they were passengers or drivers, enclose a statement about an accident, a copy of the protocol on an administrative offense, a copy of the decision on a violation by the client of this insurance company of the Traffic Rules, and a notice of an accident.
PRICE OF LIFE AND HEALTH
How is the amount calculated that the insurance company is obliged to reimburse in case of harm to health? Keep in mind: it must compensate for the earnings lost by the victim that he had (or could have had) on the day of the injury, plus the additional costs incurred. Including treatment, additional food, the purchase of medicines, prosthetics, outside care, spa treatment, the purchase of special vehicles, preparation for another profession (if it is established that the victim needs such expenses and does not have the right to receive them for free).
Naturally, the victim must justify all this and submit to the insurance company a full set of documents: the conclusion of the medical institution indicating the nature of the injuries and injuries, diagnosis, period of disability; conclusion of medical-social or forensic examination on the degree of disability; certificate of the employer on the amount of earnings of the victim, etc. By the way, all these documents can be obtained both in the medical institution where the treatment was carried out and in another, independent hospital - the victim has this right.
In order to receive damages in connection with the death of the breadwinner, it is necessary to submit an application to the insurance company listing the family members of the deceased and indicating the persons who were his dependents. Their list is stipulated by the Civil Code and can be quite extensive. Need, of course, a death certificate and a certificate of earnings and other income of the deceased "for the period provided for by civil law to calculate compensation for harm in connection with the death of the breadwinner." This period may be different. For example, minors have the right to receive compensation until they are eighteen years old, and if they study full-time, they are also up to 23 years old, and women and men of retirement age - for life.
For everyone who is eligible for reimbursement, relevant documents must be submitted. For example, for a minor - a birth certificate, certificates from educational institutions, etc. By the way, such payments can be both periodic and one-time (in agreement with the victims). In cases where a claim is made for reimbursement of burial expenses (and such is envisaged), a death certificate and documents confirming the expenses incurred for funeral services must be submitted to the insurance company. At the same time, however, it must be remembered that under the OSAGO law, the total amount of all payments to the insurance company cannot exceed 160 thousand rubles when one victim was harmed, and 240 thousand if there are several. Compensation for other losses - from the immediate culprit (or from his heirs), most likely - through the court.
