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Advice to the insured
Typical questions and answers mandatory "avtocivilka"

Is agricultural machinery subject to compulsory civil liability insurance?

Internal contracts for compulsory civil liability insurance of owners of land vehicles are concluded in relation to those land vehicles for which corrective factors are established depending on their type..

At present, the correction coefficients are established in relation to the following types of vehicles:

If the vehicle does not belong to the specified types, then a compulsory civil liability insurance contract cannot be concluded in relation to it, since such a device is not considered a vehicle in accordance with the Law "On MCLIOOLV" (paragraph 2, clause 1.5 of Article 1). However, in relation to such vehicles, voluntary contracts of civil liability insurance may be concluded.

 

How to get a duplicate policy?

In order to obtain a duplicate of the policy, it is necessary to apply to the insurer with which the valid internal contract of mandatory civil liability insurance was concluded, indicating the reasons for issuing a duplicate.

 

 

Which category of citizens is exempt from compulsory civil liability insurance?

According to clause 13.1. Art. 13 of the Law of Ukraine "On Compulsory Civil Liability Insurance of Land Vehicle Owners", participants in hostilities and war disabled persons defined by law, disabled persons of the I group who personally drive their own vehicles, as well as persons who drive vehicles , belonging to the disabled person of the I group, in his presence, are exempted from compulsory civil liability insurance on the territory of Ukraine.

Compensation for damages from a traffic accident, the culprits of which are the specified persons, is carried out by the MTSU according to the procedure established by this Law.

 

 

How is the damage compensated in case the accident occurred due to the fault of several participants?

According to clause 36.3. Art. 36 of the Law on OSTCPVVNTZ, in the event that several persons are responsible for causing indivisible damage by interrelated, collective actions, the amount of insurance compensation (regulatory payment) for each of such persons is determined by dividing the amount of damage caused by the number of such persons..

 

 

If a car (including a parked one) is damaged by an unidentified vehicle?

In the case of damage caused as a result of a traffic accident that occurred due to the fault of an unidentified vehicle, the MTSU only compensates the damage caused to the life and health of the victims, and does not compensate the damage caused to property (subparagraph b) clause 41.1. Art. 41 of the Law of Ukraine "On Mandatory Civil Liability Insurance of Land Vehicle Owners").

 

 

How is the case settled when the accident occurred due to the fault of both participants?

If the accident occurred with the participation of drivers of two vehicles and both drivers are at fault, then each of them should count on compensation of 50% of the damage caused to him, taking into account the specified restrictions.

 

 

What is the deadline for submitting an insurance claim?

The deadline for submitting an application by a person who has the right to receive insurance compensation under the contract of compulsory civil liability insurance for owners of land vehicles is 30 days from the date of submission of the traffic accident report (Article 35 of the Law).

If the application for insurance compensation or other documents necessary for making a decision on insurance compensation (statutory payment) are submitted in violation of the time limit established by this Law, the deadline for making a decision on insurance compensation (statutory payment) and its payment is increased by the number of days of such delay. (paragraph 5 of clause 36.2 of Article 36 of the Law) The basis for refusing to pay insurance compensation is the failure to submit an application for insurance compensation within one year, if the damage was caused to the property of the victim, and three years, if the damage was caused to the health or life of the victim, with at the time of the traffic accident. (clause 37.1.4 of Article 37.1 of Article 37 of the Law).

 

 

When is the Europrotocol drawn up?

According to clause 33.2. Art. 33 of the Law of Ukraine "On OSTCPVVNTZ", in the event of a traffic accident involving only insured vehicles, provided that there are no injured (dead) people, as well as with the consent of the drivers of these vehicles regarding the circumstances of its commission, in the absence of signs of alcohol , narcotic or other intoxication or being under the influence of drugs that reduce attention and reaction speed, these drivers have the right to jointly report on a traffic accident (Europrotocol). 

In this case, the drivers of vehicles have the right to leave after making a notification (Europrotocol). you are the scene of a traffic accident and are released from the obligation to inform the relevant units of the National Police about its occurrence. In case of execution of the Europrotocol, the amount of the insurance payment for the damage caused to the property of the victims cannot exceed the maximum amount (50,000 UAH) approved by the Authorized Body at the request of the MTSU, which was in effect on the day of the occurrence of the insured event. 

 

How can the franchise payment be processed??

Payment of the franchise can be made with any document that will certify the fact of its payment..

 

 

Can a driver apply to the insurer (MTSBU) several months after an accident?

A driver involved in a traffic accident must immediately, but no later than three working days after the occurrence of the traffic accident, provide his insurer (MTSBU in the cases provided for in Article 41 of the Law on OSCPV) in writing with a notification of the traffic accident. If the driver of the vehicle was not able to fulfill the specified duty due to good reasons, he must document this. 

In order to receive insurance compensation, the victim or another person who has the right to receive compensation submits an application for insurance compensation to the insurer within 30 days from the date of submission of the notification about the road accident.

Failure to submit an application for insurance compensation within one year, if the damage was caused to the property of the victim, and three years, if the damage was caused to the health or life of the victim, from the moment of the traffic accident, is grounds for the insurer to make a decision to refuse insurance compensation.

 

 

How can you check the status of the contract (policy) of MCLIOOLV and the insurer for the specified series and policy number on a specific date?

The status of the MCLIOOLV policy "form not used" in the single centralized database has the policy that was transferred to the insurer, but information about the use of such a form by the insurer is not entered into the database.

The status is "invalid" - Given the loss of membership in the MTSU by some insurers and their late submission of information on concluded contracts of compulsory civil liability insurance of owners of land vehicles to the MTSU Central Bank, in order to warn car owners, the MTSU has posted on its website on the Internet information that the relevant contract forms cannot be used to conclude a compulsory civil liability insurance contract, and contracts concluded on such forms may be declared invalid in a court of law. The specified policies of compulsory civil liability insurance of owners of land vehicles in the single centralized database have the status "policy is not valid".

 

What liability is provided for the absence of a valid contract (policy) of the MCLIOOLV concluded on the inspected vehicle?

Article 126 of the Code of Ukraine on Administrative Offenses provides for the following: Driving a vehicle by a person who does not have with him or has not presented for verification the policy (contract) of compulsory civil liability insurance for owners of land vehicles (green card insurance certificate "), - entails the imposition of a fine from twenty-five to fifty tax-free minimum incomes of citizens.

 

 

What does it mean when, after entering the policy number or the number of the vehicle for which the insurance contract is concluded, there is no information in the database?

Data on concluded compulsory insurance contracts are entered by insurance companies into a single database as quickly as possible, but no later than the 25th of the month following the month of conclusion of the insurance contract.

 If the contract (policy) was concluded recently, it is possible that the insurer has not yet submitted information to the central database of the MTSU.

 If a fairly long period of time has passed since the policy was issued, and the policy is not found in the MTSU Central Bank, there is a possibility that the insurer made a mistake when entering data, or the agent sold an invalid policy. In any case, we recommend that you contact the insurance company as soon as possible to find out all the details.

 

Source: http://www.mtsbu.ua/files/20161228/anwers.pdf

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