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The 3 mistakes that drivers allow in case of an accident

1. Not timely informing about an insurance event

The person who signed the CMTPL contract must report it to the insurance company in case of an accident /in 40 minutes after the accident/.

Of course there are exceptions for those cases when he/she:

  • was not aware and could not be aware of an insurance event,
  • or has been unconscious due to an accident,
  • or in such circumstances that it was impossible to notify the insurance company within the established timeframes and procedure.

What problems may arise if not informing timely? Thus, the law prescribes that the insurance company has the right to demand recourse after compensation, against the person who has caused damage, if the insurance company has not been notified about the accident within the established timeframes and procedures.

Now imagine a situation that you did not feel well because of the accident, you have been emotionally tense and you do not call the company in time. Under the law, you have to prove the impossibility of notifying the accident. And the practice shows that the concept of impossibility supposes very strict conditions. Late notification of the accident is recognized only in extreme cases where there are severe bodily injuries.

Thus, the practical interpretation of the legislation is often not fair and too strict. In order to avoid problems, you must either, in spite of the emotional and tense situation, call at the right time or be ready for long disputes and complications.

2. Non-recognition of the procedure for applying for insurance compensation

According to the law, the injured person or his legal successor shall have the right to apply for insurance compensation within three months after the date of the accident to the insurance company insuring the liability of the person who caused the damage. For the purpose of receiving insurance compensation, the victim or his legal successor personally or through a representative shall submit the application / application to be justified/ and substantiated by the Bureau's rules. Again, the conditions listed in the preceding situation are provided as the exception basis (unconscious status, ignorance, etc.).

In this case, the three-month period begins with the date of the elimination of the circumstances which have become impossible or the date of the insurance accident. Again, the aggrieved party or its successor shall bear the burden of proof that it is impossible or unreliable to apply within the time limit for receiving compensation. Now let's talk about the negative consequences of missing the deadlines. Applications, documents failing to submit the documents within the prescribed time limit, the person who is obscured is deprived of the right resulting from filing and has the negative consequences for not reporting. Consequently, in this situation, it is also necessary to clearly define the terms and procedure.

3. Non-timely appeal or non-appeal of the results of the expertise

The insurance company is obligated to make a decision after the application is received and notify all the parties about the results. Within 5 working days after notification, in case of no additional examination and no requirement for repeated examination, the Company accepts a decision on payment of insurance indemnity or refusal to pay insurance compensation. It is important to know that in the event that the expert's conclusion is not clear or complete, within 5 working days after the notification date, you have the right to reach additional expertise by mutual consent. Additional examination is conducted at the expense of the insurance company (the Bureau). In the event of failure to submit a request for repeated examination after the end of the year, a decision is made to pay insurance compensation or refuse to pay insurance compensation.

If you disagree with the results of the examination, within 5 business days after the notification date, you are entitled to request a re-examination. The repeated examination shall be carried out at the expense of the person who has filed the request. And the results of the repeated expertise may be appealed only through a judicial procedure. A reasonable option to cope with the problems with CMTPL is the use of advocacy services. In this case, a narrowly-qualified lawyer represents your interests in relations with insurance companies, insurance bureaus, at court and other litigation bodies.

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