Actions of persons at insured event approach

37. At insured event approach (road and transport incident) drivers - participants of this incident should take measures and fulfill the duties provided by Traffic regulations of the Russian Federation, confirmed by the Ministerial council decision - the Governments of the Russian Federation from October, 23rd, 1993 № 1090, and also to take measures necessary in the circumstances for the purpose of reduction of possible losses from incident, to write down surnames and addresses of eyewitnesses and to specify them in the notice on road and transport incident, to take measures on official registration of papers about incident according to the present Rules.

38. The driver - the participant of road and transport incident is obliged to inform other participants of road and transport incident, intended to make the demand about compensation of harm, data on the contract of obligatory insurance, including number of the insurance policy of obligatory insurance, and also the name, the address and phone of the insurer.

39. For the decision of a question on realization of insurance payment the insurer accepts documents on the road and transport incident, issued by the police officers who have arrived on a scene according to its participants, or issued (at absence in case of road and transport incident of victims, to life and to which health harm is done, and also at a mutual consent of drivers in an estimation of circumstances happened) by police officers on the nearest post of traffic police or in militia body according to point 2.6 of Traffic regulations of the Russian Federation.

40. Official registration of papers about road and transport incident can be carried out in the presence of the insurer (the representative of the insurer) for definition of circumstances of road and transport incident and the caused damage (damages) according to the insured or the victim. For this purpose the driver - the participant of road and transport incident, intended to make the demand about insurance payment, has the right to inform the insurer or its representative in any accessible way (for example, on specified in the insurance policy of obligatory insurance to phones) on a place and time of road and transport incident, and also about circumstances, its entailed, for acceptance by the insurer of the decision on necessity of departure to the place of road and transport incident.41. The drivers of vehicles involved in road and transport incident (in common with the insured - the legal body), are obliged to fill the form of the notice on the road and transport incident, given out by the insurer, irrespective of registration of the notice on road and transport incident by police officers. Filling of one form of the specified notice with drivers of two vehicles involved in road and transport incident is provided. In the presence of disagreements between participants of road and transport incident concerning its circumstances these disagreements are specified in the notice on road and transport incident.

At participation in road and transport incident more than 2 vehicles and presence at drivers of disagreements in an estimation happened, and also at impossibility of joint filling with drivers of one form of the notice on road and transport incident (for example, on a state of health or in case of  destruction of the driver, in connection with refusal of one of them of joint filling of the form or for other reasons) are supposed filling with each driver of the form of the notice with instructions of the reason of impossibility of joint filling of the notice on road and transport incident. In case of  destruction of the driver the notice on road and transport incident concerning the given vehicle isn't filled with other persons.

At a tresspass of life or to health of the passengers who are in vehicles, in the notice on road and transport incident presence of the suffered passengers is underlined. If participants of road and transport incident have data on the suffered passengers (a surname, names, patronymics), these data should be given the insurer. Data on the suffered passengers are given to the insurer by bodies of militia on the basis of its letter of inquiry.

In case of a tresspass to victims the driver should inform on it to the insurer as it should be and in the terms established by the present Rules.

42. Filled with drivers - participants of road and transport incident of the notice on the road and transport incident, issued according to point 41 of the present Rules, should within 5 working days after road and transport incident be handed over or directed in any way providing acknowledgement of sending, to the insurer or the representative of the insurer in the subject of the Russian Federation in a residence (location) of the victim or in the subject of the Russian Federation in which territory there was a road and transport incident. The driver who is to victims, represents to the insurer the form of the notice on road and transport incident or uniform filled together with other participants of road and transport incident

The notice form simultaneously with filing of application about insurance payment. The notice on road and transport incident can be transferred on a fax communication with a simultaneous direction of its original the certified mail on specified in the insurance policy of obligatory insurance to the address of the insurer or the representative of the insurer.

In a case if road and transport incident has occurred in the remote, sparsely populated or remote areas, the duty of participants of road and transport incident provided by the present point on delivery to the insurer of the form of the notice on road and transport incident should be executed within 15 working days after road and transport incident.

43. The victim, intended to exercise the right on insurance payment, is obliged to notify the insurer on insured event approach as soon as possible.

Victims, including passengers of vehicles, make to the insurer the demand about insurance payment in the terms established by point 42 of the present Rules.

The victim directs the statement for insurance payment to the insurer, or the representative of the insurer in a residence (location) of the victim, or the representative of the insurer in the subject of the Russian Federation in which territory there was a road and transport incident.

44. The victim at the moment of filing of application about insurance payment applies on the statement:

The inquiry on the road and transport incident, given out by the body of militia which is responsible for traffic safety, a copy of the report on the administrative offense, issued in connection with incident, a decision copy on the case of an administrative offense;

The notice on road and transport incident (if it was filled with the victim).

Depending on a kind of the caused harm the victim represents the documents provided by points 51, 53 - 56 and (or) 61 present Rules.

45. At a tresspass to property the victim, intended to exercise the right on insurance payment, is obliged to present the damaged property or its rests for carrying out of survey and (or) the organizations of an independent expert appraisal (estimation) with a view of finding-out of circumstances of a tresspass and definition of the size subject to indemnification.

At reception by the insurer from the suffered statement for insurance payment the insurer is obliged to inspect the damaged property and (or) to organize an independent expert appraisal (estimation), including by direction delivery for examination, in time no more than 5 working days from the date of reception from the suffered statement for insurance payment if other term isn't coordinated by the insurer with the suffered.

The insurer is obliged to coordinate with suffered time and a venue of survey and (or) the organizations of an independent expert appraisal of the damaged property taking into account the schedule of work of the insurer, the expert and the term of carrying out of survey of the damaged property specified in the present point, and the victim is obliged to present the damaged property to time coordinated with the insurer.

If character of damages or feature of the damaged property exclude its representation for survey and (or) the organization of its independent expert appraisal (estimation) in the location of the insurer and (or) the expert (for example, the damages of a vehicle excluding its participation in traffic), survey and (or) an independent expert appraisal (estimation) are spent in the location of the damaged property to the term established by the present point.

46. If the insurer in established by point 45 of the present Rules term hasn't inspected the damaged property and (or) hasn't organized an independent expert appraisal (estimation) the victim has the right to apply independently about the organization of such examination, without representing the damaged property to the insurer for survey.

At the decision of a question on insurance payment the insurer uses results of this independent expert appraisal.

47. With a view of finding-out at damage of vehicles of circumstances of the caused harm, an establishment of character of damages of a vehicle and their reasons, technology, methods and cost of its repair independent technical expert appraisal of a vehicle according to the rules confirmed by the Government of the Russian Federation is spent.

48. If and (or) an independent expert appraisal (estimation) of the damaged property presented to victims or its rests presence of insured event and the size of the losses which are subject to compensation under the contract of obligatory insurance don't allow to establish survey authentically, for finding-out of the specified circumstances the insurer has the right to inspect a vehicle of the insured at which use harm has been done to the victim, and (or) to organize an independent expert appraisal of this vehicle, and the insured is obliged to present this vehicle on request of the insurer for the independent expert appraisal organization. Thus the insurer is obliged to inspect a vehicle, and (or) to organize an independent expert appraisal (estimation) and to pay expenses for its carrying out according to point 45 of the present Rules.

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