4.15 MTPL rules. Documents required when applying for compulsory motor insurance
(valid from 04/13/2008, clauses 41.1 and 41.2 come into force from 12/01/2008, clauses 48.1 - 48.3 come into force from 07/01/2008)
ABOUT APPROVAL OF THE RULES
In accordance with the Federal Law “On Compulsory Civil Liability Insurance of Vehicle Owners,” the Government of the Russian Federation decides:
1. Approve the attached Rules for compulsory civil liability insurance of vehicle owners.
Chairman of the Government
Russian Federation
M. KASYANOV
Approved
Government Decree
Russian Federation
RULES
COMPULSORY CIVIL LIABILITY INSURANCE
VEHICLE OWNERS
I. General provisions
1. These Rules define the standard conditions in accordance with which a contract of compulsory insurance of civil liability of vehicle owners is concluded (hereinafter referred to as the compulsory insurance contract).
2. When implementing compulsory insurance of civil liability of vehicle owners (hereinafter referred to as compulsory insurance), the insurer undertakes, for the fee (insurance premium) stipulated by the compulsory insurance contract, upon the occurrence of an event (insured event) provided for in these Rules, to make an insurance payment to the victim (third party) in order to compensation for harm caused to the life, health or property of the victim, within the limits of the amount specified in the contract (sum insured).
3. The risk of civil liability of vehicle owners is not subject to compulsory insurance in accordance with these Rules:
a) the maximum design speed of which is no more than 20 km/h;
b) which, due to their technical characteristics, are not subject to the provisions of the legislation of the Russian Federation on the admission of vehicles to participate in road traffic on the territory of the Russian Federation;
c) which are at the disposal of the Armed Forces of the Russian Federation, with the exception of buses, cars and trailers for them, and other vehicles used to support the economic activities of the Armed Forces of the Russian Federation;
d) registered in foreign countries, if the civil liability of the owners of such vehicles is insured within the framework of international systems of civil liability insurance for vehicle owners, the member of which is a professional association of insurers operating in accordance with the Federal Law “On compulsory civil liability insurance of vehicle owners;
e) in relation to trailers for passenger cars owned by citizens.
4. These Rules use the following concepts:
"vehicle" - a device intended for the transport on roads of people, goods or equipment installed on it. A vehicle is also a trailer (semi-trailer and trailer), not equipped with an engine and intended to be driven in conjunction with a power-driven vehicle. The vehicle is allowed to participate in road traffic in accordance with the legislation of the Russian Federation;
“use of a vehicle” - operation of a vehicle associated with its participation in traffic on roads (road traffic), except for railways, as well as in areas adjacent to them and intended for the movement of vehicles (yards, residential areas, vehicle parking , gas stations and other areas). The operation of equipment installed on a vehicle and not directly related to the participation of the vehicle in road traffic does not constitute the use of the vehicle;
“limited use of vehicles owned or owned by citizens” - driving vehicles owned or owned by citizens only by drivers specified by the insured and (or) seasonal use of vehicles for 3 or more months in a calendar year.
“limited use of vehicles owned or in the possession of legal entities” - seasonal use of vehicles owned or in the possession of legal entities (snow removal, agricultural, watering and other special vehicles) for 6 or more months in a calendar year ;
“vehicle owner” - the owner of the vehicle, as well as a person who owns the vehicle under the right of economic management or the right of operational management or on another legal basis (lease right, power of attorney for the right to drive a vehicle, order of the relevant authority to transfer the vehicle to him and etc.). A person who drives a vehicle in the performance of his official or labor duties, including on the basis of an employment or civil contract with the owner or other owner of the vehicle, is not the owner of a vehicle;
“driver” is a person who drives a vehicle (uses a vehicle) with the right of ownership, use, disposal, whose liability risk is insured under a compulsory insurance contract. This person also drives a vehicle on the basis of an employment agreement (contract) or a civil contract with the owner or other owner of the vehicle, the risk of liability of which is insured in accordance with a compulsory insurance agreement. When learning to drive a vehicle, the driver is considered to be the person teaching;
“victim” - a person whose life, health or property was harmed when using a vehicle by another person, including a pedestrian, the driver of the vehicle to whom the harm was caused, and a passenger of the vehicle - a participant in a traffic accident;
“place of residence (location) of the victim” - the place of residence of a citizen (location of a legal entity) determined in accordance with civil law, recognized as a victim;
“policyholder” - a person who has entered into a compulsory insurance agreement with the insurer;
"insurer" - an insurance organization that has the right to carry out compulsory civil liability insurance of vehicle owners on the terms and in the manner established by the Federal Law "On compulsory civil liability insurance of vehicle owners" and these Rules in accordance with the permit (license) issued by the federal body executive power for supervision of insurance activities;
“representative of the insurer” - a separate division of the insurer (branch) in a constituent entity of the Russian Federation, exercising, within the limits provided for by the civil legislation of the Russian Federation, the powers of the insurer to consider claims of victims for insurance payments and their implementation, or another insurer exercising these powers at the expense of the person who has concluded a compulsory insurance agreement the insurer on the basis of an agreement with the insurer;
“professional association of insurers” - a non-profit organization operating in accordance with the established procedure in order to ensure interaction between insurers and develop rules of professional activity;
“compulsory insurance insurance policy” - a document of the established form certifying the implementation of compulsory insurance;
“insurance rates” - price rates established in accordance with the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners”, used by insurers when determining the insurance premium under a compulsory insurance agreement and consisting of base rates and coefficients;
“Insured amount” is a sum of money in the currency of the Russian Federation determined by the Federal Law “On Compulsory Civil Liability Insurance of Vehicle Owners”, within the limits of which the insurer undertakes to compensate the victims upon the occurrence of each insured event (regardless of their number during the validity period of the compulsory insurance contract). harm caused;
"insurance premium" - an amount of money in the currency of the Russian Federation that the policyholder is obliged to pay to the insurer in accordance with the compulsory insurance contract;
“insurance payment” is the amount of money that, in accordance with the compulsory insurance contract, the insurer is obliged to pay to victims to compensate for damage caused to their life, health or property upon the occurrence of an insured event. If damage to property is caused, the insurer, with the consent of the victim, has the right to replace the insurance payment with compensation for damage in kind, organize repairs or replacement of the damaged property within the limits of the insured amount;
“act of insured event” - a document drawn up by the insurer after the victim submits an application for insurance payment, recording the causes and circumstances of a road traffic accident that is an insured event, its consequences, the nature and amount of damage incurred, the amount of the insured amount payable and confirming the decision of the insurer on the implementation of insurance payment or direct compensation for losses;
“compensation payments” - payments that are made in accordance with the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” in the event that the insurance payment under compulsory insurance cannot be made;
“independent examination” is an examination carried out in order to clarify the circumstances of the harm and determine the amount of damages to be compensated in connection with damage to property. If a vehicle is damaged, in order to clarify the circumstances of the occurrence of an insured event, establish damage to the vehicle, technology, methods and cost of repair, an independent technical examination of the vehicle is carried out in accordance with the rules established by the Government of the Russian Federation;
“direct compensation for losses” - compensation for damage to the property of the victim by the insurer who has entered into a compulsory insurance agreement with the victim - the owner of the vehicle.
II. Object of compulsory insurance,
insurance case
5. The object of compulsory insurance is property interests associated with the risk of civil liability of the owner of the vehicle for obligations arising from harm to the life, health or property of victims when using the vehicle on the territory of the Russian Federation.
6. A road traffic accident is an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused. The provisions of these Rules regulating the behavior of participants in a road accident also apply in cases of harm to victims when using a vehicle in areas adjacent to roads.
7. An insured event is the occurrence of civil liability of the owner of a vehicle for causing harm to the life, health or property of victims when using the vehicle, entailing, in accordance with the compulsory insurance contract, the obligation of the insurer to make an insurance payment.
8. In accordance with these Rules, damage caused as a result of:
a) force majeure or intent of the victim;
b) exposure to a nuclear explosion, radiation or radioactive contamination;
c) military operations, as well as maneuvers or other military events;
d) civil war, civil unrest or strikes.
8.1. Damage caused to property belonging to the person responsible for the damage caused is not compensated.
9. The onset of civil liability of vehicle owners due to:
a) causing harm when using a vehicle other than the one specified in the compulsory insurance contract;
b) causing moral damage or the emergence of an obligation to compensate for lost profits;
c) causing harm when using vehicles during competitions, tests or training driving in specially designated areas;
d) pollution of the environment;
e) harm caused by the impact of the transported cargo, if the risk of such liability is subject to compulsory insurance in accordance with the law on the relevant type of compulsory insurance;
f) causing harm to the life or health of employees during the performance of their labor duties, if this harm is subject to compensation in accordance with the law on the relevant type of compulsory insurance or compulsory social insurance;
g) the occurrence of an obligation to compensate the employer for losses caused by harm to the employee;
h) the driver causes damage to the vehicle he is driving and its trailer, the cargo transported in them, the equipment installed on them and other property;
i) causing harm when loading cargo onto a vehicle or unloading it;
j) Lost force.
k) damage or destruction of antique and other unique objects, buildings and structures of historical and cultural significance, products made of precious metals and precious and semi-precious stones, cash, securities, objects of religious worship, as well as works of science, literature and art, other objects of intellectual property;
l) the occurrence of the obligation of the vehicle owner to compensate for damage to the extent that exceeds the amount of liability provided for by the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” and Chapter 59 of the Civil Code of the Russian Federation (if a higher amount of liability is established by federal law or agreement) .
III. Sum insured, insurance premium
and the procedure for its payment
10. The insurance amount, within the limits of which the insurer, upon the occurrence of each insured event (regardless of their number during the validity period of the compulsory insurance contract) undertakes to compensate the victims for the harm caused, is:
in terms of compensation for harm caused to the life or health of each victim - no more than 160 thousand rubles;
in terms of compensation for damage caused to the property of several victims - no more than 160 thousand rubles;
in terms of compensation for damage caused to the property of one victim - no more than 120 thousand rubles.
The insurance premium is determined in accordance with the insurance tariffs established by the Government of the Russian Federation.
Changes by the Government of the Russian Federation in insurance rates during the validity period of the compulsory insurance contract do not entail a change in the insurance premium paid by the policyholder at the insurance rates in effect at the time of payment.
11. The calculation of the insurance premium under a compulsory insurance contract is carried out by the insurer based on the information provided by the policyholder in a written application for concluding a compulsory insurance contract.
If the terms of the compulsory insurance contract change during its validity period, as well as in other cases provided for by these Rules, the insurance premium may be adjusted after the start of the compulsory insurance contract in the direction of decreasing or increasing it, depending on the changed information reported by the policyholder to the insurer.
The policyholder has the right to demand from the insurer a written calculation of the insurance premium payable. The insurer is obliged to submit such a calculation within 3 working days from the date of receipt of the corresponding written application from the policyholder.
12. The insurance premium under a compulsory insurance contract is paid by the policyholder to the insurer in cash or by bank transfer when concluding a compulsory insurance contract.
The date of payment of the insurance premium is considered to be either the day the insurance premium is paid in cash to the insurer, or the day the insurance premium is transferred to the insurer's bank account.
IV. Validity period, procedure for conclusion and amendments
compulsory insurance agreement
13. The compulsory insurance contract is concluded for 1 year, except for the cases provided for in this paragraph. The compulsory insurance contract is concluded in relation to the owner of the vehicle, the persons specified by him in the compulsory insurance contract, or in relation to an unlimited number of persons allowed by the owner to drive the vehicle in accordance with the compulsory insurance contract, as well as other persons using the vehicle legally .
Owners of vehicles registered in foreign countries and temporarily used on the territory of the Russian Federation enter into a compulsory insurance contract for the entire period of temporary use of such vehicles, but not less than 5 days.
When purchasing a vehicle (purchase, inheritance, acceptance as a gift, etc.), its owner has the right to enter into a compulsory insurance agreement for the period of travel to the place of registration of the vehicle. When registering a vehicle, its owner must present to the employee of the registration authority a compulsory insurance policy confirming the conclusion of a compulsory insurance agreement for a period of 1 year.
14. The owner of a vehicle has the right to freely choose an insurer providing compulsory insurance.
The insurer has no right to refuse to conclude a compulsory insurance contract to the owner of a vehicle who has applied to him with an application to conclude a compulsory insurance contract and has submitted documents in accordance with these Rules.
15. To conclude a compulsory insurance contract, the policyholder submits the following documents to the insurer:
a) an application for concluding a compulsory insurance agreement in the form according to Appendix No. 1;
b) identification document (if the policyholder is an individual);
c) certificate of state registration of a legal entity (if the policyholder is a legal entity);
d) a vehicle registration document issued by the body that registers the vehicle (vehicle passport, vehicle registration certificate, technical passport, technical coupon or similar document);
e) a driver's license or a copy of the driver's license of a person authorized to drive a vehicle (if the compulsory insurance agreement will provide for the admission of certain persons to drive a vehicle).
15.1. For the submission of knowingly false information and (or) invalid documents, the policyholder is liable in accordance with the legislation of the Russian Federation.
16. By agreement of the parties, the policyholder has the right to submit copies of documents necessary for concluding a compulsory insurance contract.
The policyholder is responsible for the completeness and accuracy of the information and documents provided to the insurer.
17. When filling out an application for concluding a compulsory insurance contract, the policyholder does not fill out the line “State registration plate” if, by the time the compulsory insurance contract is concluded, the vehicle of which he is the owner has not passed state registration in the prescribed manner. After the state registration of the vehicle and receipt of the state registration plate, the policyholder is obliged to inform the number of the state registration plate within 3 working days to the insurer, who, based on the data received, makes an appropriate entry in the form of the compulsory insurance policy.
18. When concluding a compulsory insurance contract, the owner of a vehicle registered in a foreign state and temporarily used on the territory of the Russian Federation submits the documents provided for in subparagraphs “b”, “d” and “e” of paragraph 15 of these Rules.
19. When concluding a compulsory insurance contract, the insurer has the right to inspect the vehicle at the place of residence of the insured (at the location of the legal entity), unless otherwise follows from the agreement of the parties.
20. Along with the application for concluding a compulsory insurance contract, the policyholder provides the insurer with information about the number and nature of insured events that have occurred, about completed and upcoming insurance payments, the insurance period, the pending and unresolved claims of victims regarding insurance payments, and other information about insurance during the period validity of the compulsory insurance contract, presented by the insurer with whom the last compulsory insurance contract was concluded, in the manner prescribed by paragraph 35 of these Rules (hereinafter referred to as information about insurance).
Insurance information is not provided by a person who annually renews a compulsory insurance contract with one insurer.
When concluding a compulsory insurance contract that provides for the driving of a vehicle only by drivers specified by the policyholder (limited use), the policyholder provides the insurer with information about insurance in relation to each driver specified by him.
When concluding a compulsory insurance contract without restriction of persons allowed to drive a vehicle, the policyholder provides the insurer with information about insurance in relation to the owner of the vehicle.
21. Owners of vehicles have the right to enter into a compulsory insurance agreement providing for limited use of vehicles owned or in their possession.
Limited use of vehicles owned or owned by citizens is recognized as driving vehicles owned or owned by citizens only by drivers specified by the insured and (or) seasonal use of vehicles for 3 or more months in a calendar year.
Limited use of vehicles owned or in the possession of legal entities is recognized as the seasonal use of vehicles owned or in the possession of legal entities (snow removal, agricultural, watering and other special vehicles) for 6 or more months in a calendar year. .
The period of use of the vehicle during the calendar year, as well as drivers allowed by citizens to drive vehicles, are indicated in the application for concluding a compulsory insurance contract.
22. During the period of validity of the compulsory insurance contract, the policyholder is obliged to immediately notify the insurer in writing of changes in the information specified in the application for concluding a compulsory insurance contract.
If the compulsory insurance contract specifies the limited use of the vehicle, the policyholder is obliged to inform the insurer in writing, before transferring control of the vehicle to a driver not specified in the compulsory insurance policy, about his acquisition of the right to drive this vehicle, as well as about a change in the period use of the vehicle compared to the period specified in the compulsory insurance contract. The policyholder is obliged to inform the insurer about the increase in the period of use of the vehicle before the expiration of the period of use of the vehicle specified in the compulsory insurance contract.
23. Upon receipt from the insured of an application to change the information specified in the application for concluding a compulsory insurance contract and (or) presented when concluding a compulsory insurance contract, the insurer has the right to demand from the insured to pay, if necessary, an additional insurance premium in proportion to the increase in the degree of risk and make changes to the insurance compulsory insurance policy based on insurance rates for compulsory insurance.
Changes to the compulsory insurance insurance policy are made by making an appropriate entry in the “Special Notes” section indicating the date and time of the changes and certifying the changes with the signature of the insurer’s representative and the insurer’s seal or by issuing a reissued (new) compulsory insurance policy within 2 business days from the date of return by the policyholder of the previously issued insurance policy. The compulsory insurance policy returned by the policyholder is kept by the insurer along with 2 copies of the reissued insurance policy. On the original and re-issued compulsory insurance policies, a note about re-issuance is made indicating the date of re-issuance and the numbers of the original and re-issued compulsory insurance policies.
24. The document certifying the implementation of compulsory insurance is the compulsory insurance policy, issued by the insurer in the form according to Appendix No. 2.
The compulsory insurance policy form has a uniform form throughout the Russian Federation and is a document of strict accountability.
The compulsory insurance policy specifies the vehicle or trailer being used, with the exception of trailers for passenger cars owned by citizens.
Along with the insurance policy, the insured is given a free list of the insurer's representatives in the constituent entities of the Russian Federation, the text of these Rules, 2 forms of notification of a traffic accident in the form approved by the Ministry of Internal Affairs of the Russian Federation in agreement with the Ministry of Finance of the Russian Federation.
In the future, notification forms for road traffic accidents are issued by the insurer free of charge upon request of the person whose liability is insured under a compulsory insurance agreement.
A compulsory insurance policy is issued to the policyholder directly upon payment of the insurance premium in cash, and in the case of payment by bank transfer - no later than the business day following the day the insurance premium is transferred to the insurer's bank account.
If a compulsory insurance policy is lost, the policyholder has the right to receive a duplicate free of charge.
25. Lost force on October 1, 2006. - Decree of the Government of the Russian Federation of August 28, 2006 N 525.
26. Owners of vehicles used to transport passengers on regular routes are obliged to inform passengers about their rights and obligations arising from the compulsory insurance contract in accordance with the requirements established by the federal executive body in the field of transport.
27. The driver of a vehicle participating in road traffic is required to have a compulsory insurance policy. .
V. Procedure for extending the compulsory insurance contract
28. Extension of a compulsory insurance contract is carried out by concluding a compulsory insurance contract after its expiration for a new period with the insurer with whom the previous insurance contract was concluded in the manner prescribed by Section IV of these Rules.
If the policyholder refuses to renew the compulsory insurance contract, the insurer provides information about insurance in accordance with paragraph 35 of these Rules.
29. Lost power.
30. Lost power
31. Lost power
32. Lost power.
VI. Early termination of the contract
compulsory insurance
33. The compulsory insurance contract is terminated early in the following cases:
a) death of a citizen - policyholder or owner;
b) liquidation of a legal entity - the insured;
c) liquidation of the insurer;
d) destruction (loss) of the vehicle specified in the compulsory insurance policy;
e) other cases provided for by the legislation of the Russian Federation.
33.1. The policyholder has the right to terminate the compulsory insurance contract early in the following cases:
a) revocation of the insurer’s license in the manner established by the legislation of the Russian Federation;
b) replacement of the owner of the vehicle;
c) other cases provided for by the legislation of the Russian Federation.
33.2. The insurer has the right to terminate the compulsory insurance contract early:
a) in case of detection of false or incomplete information provided by the policyholder when concluding a compulsory insurance contract, which is essential for determining the degree of insurance risk;
b) other cases provided for by the legislation of the Russian Federation.
33.3. Early termination of a compulsory insurance contract does not entail the release of the insurer from the obligation to make insurance payments for insured events that occurred during the term of the compulsory insurance contract.
34. In the event of early termination of the compulsory insurance agreement on one of the grounds provided for in subparagraph “b” of paragraph 33, subparagraph “c” of paragraph 33.1 and subparagraph “a” of paragraph 33.2 of these Rules, part of the insurance premium under the compulsory insurance agreement is not returned to the policyholder. In other cases, the insurer returns to the policyholder part of the insurance premium for the unexpired term of the compulsory insurance contract.
Calculation of the unexpired term of the contract (the period of use of the vehicle) begins from the day following the date of early termination of the compulsory insurance contract.
In cases of early termination of a compulsory insurance contract, provided for in paragraph 33 of these Rules, the date of early termination of the compulsory insurance contract is considered to be the date of the event that was the basis for its early termination and the occurrence of which is confirmed by documents of the relevant state and other bodies.
In cases of early termination of the compulsory insurance contract provided for in paragraph 33.1 of these Rules, the date of early termination of the compulsory insurance contract is considered to be the date the insurer receives a written application from the policyholder for early termination of the compulsory insurance contract.
In cases of early termination of the compulsory insurance contract provided for in paragraph 33.2 of these Rules, the date of early termination of the compulsory insurance contract is considered to be the date the policyholder receives a written notice from the insurer.
Part of the insurance premium is returned to the policyholder (his legal representatives, heirs) within 14 calendar days from the date following the date of receipt by the insurer of information about the cases provided for in subparagraphs “a”, “c”, “d”, “e” of paragraph 33 of these Rules , or an application from the policyholder for early termination of the compulsory insurance contract on one of the grounds provided for in paragraph 33.1 of these Rules, or within 14 calendar days from the date following the date the policyholder receives a written notice from the insurer about the early termination of the compulsory insurance contract on the basis provided for in subclause "b" of paragraph 33.2 of these Rules.
35. In case of early termination or upon expiration of the compulsory insurance contract, the insurer provides the policyholder with information about insurance in the form in accordance with Appendix No. 4. Information about insurance is provided by the insurer free of charge in writing within 5 days from the date of the corresponding request from the policyholder.
Information about insurance is provided by the policyholder to the insurer when carrying out compulsory insurance in subsequent periods and is taken into account by the insurer when calculating the insurance premium under the compulsory insurance agreement.
36. A compulsory insurance contract may be declared invalid by a court from the moment of its conclusion in the manner prescribed by the legislation of the Russian Federation.
VII. Actions of persons upon attack
insured event
37. When an insured event (traffic accident) occurs, drivers involved in this incident must take measures and fulfill the duties provided for by the Traffic Rules of the Russian Federation, approved by Resolution of the Council of Ministers - Government of the Russian Federation of October 23, 1993 N 1090, as well as take the necessary measures in the current circumstances in order to reduce possible losses from the incident, write down the names and addresses of eyewitnesses and indicate them in the notification of the traffic accident, take measures to prepare documents about the incident in accordance with these Rules.
38. A driver who is a participant in a traffic accident is obliged to inform other participants in a traffic accident who intend to make a claim for compensation for harm, information about the compulsory insurance agreement, including the compulsory insurance policy number, as well as the name, address and telephone number of the insurer.
Participants in a traffic accident must notify their insurers of the occurrence of an insured event.
39. To resolve the issue of making an insurance payment, the insurer accepts documents on a road traffic accident, drawn up by authorized police officers who arrived at the scene of the incident upon notification of its participants, or drawn up (in the absence of victims, life and health in the case of a road traffic accident which harm was caused, as well as with mutual agreement of the drivers in assessing the circumstances of the incident) by police officers at the nearest road patrol post or at the police agency in accordance with paragraph 2.6 of the Traffic Rules of the Russian Federation, or registered by participants in a road traffic accident in the cases and procedure , which are established in clause 41.1 of these Rules.
40. The preparation of documents regarding a road traffic accident can be carried out in the presence of the insurer (insurer’s representative) to determine the circumstances of the road traffic accident and the damage(s) caused as reported by the insured or the victim. To do this, the driver - a participant in a road traffic accident, who intends to make a claim for insurance payment, has the right to inform the insurer or his representative in any available way (for example, by calling the telephone numbers specified in the compulsory insurance policy) about the place and time of the road traffic accident, as well as the circumstances that gave rise to it, for the insurer to make a decision on the need to go to the scene of the traffic accident.
41. Drivers of vehicles involved in a traffic accident are required to fill out notification forms about a traffic accident issued by insurers, regardless of the execution of documents by police officers who arrived at the scene of the traffic accident.
In the absence of disagreements in the circumstances of the harm and the traffic accident, the nature and list of visible damage to vehicles, or minor damage, it is allowed for 2 drivers to jointly fill out one form for notification of a traffic accident.
Drivers notify insurers of a traffic accident and fill out forms for such notifications.
If more than 2 vehicles are involved in a traffic accident and there are disagreements among drivers in assessing what happened, as well as if it is impossible for drivers to jointly fill out one form of notification of a traffic accident (for health reasons, in the event of the death of the driver, due to the failure of one of which from jointly filling out the form or for other reasons), each driver is allowed to fill out his own notification form indicating the reason for the impossibility of jointly filling out the notification of a traffic accident. In the event of the death of the driver, the notification of a traffic accident in relation to this vehicle is not filled out by other persons.
If harm is caused to the life or health of passengers in vehicles, the notification of a road traffic accident shall indicate the presence of injured passengers. If participants in a traffic accident have information about the injured passengers (last names, first names, patronymics), they must provide this information to the insurer. Information about injured passengers is provided to the insurer by the police based on his written request.
In case of harm to the victims, the driver must notify the insurer in the manner and within the time limits established by these Rules.
41.1. The preparation of documents regarding a traffic accident can be carried out without the participation of authorized police officers if the following circumstances exist simultaneously:
as a result of a traffic accident, damage was caused only to property;
a traffic accident occurred involving 2 vehicles, the civil liability of whose owners was insured in accordance with the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners”;
the circumstances of harm in connection with damage to property as a result of a road traffic accident and (or) determining the nature and list of visible damage to vehicles do not cause disagreement between the participants in the road traffic accident and are recorded in the notifications of the road traffic accident, the forms of which are filled out by drivers of vehicles involved in a traffic accident.
The notification form for a traffic accident is filled out by both drivers of vehicles, while the circumstances of the harm, the diagram of the traffic accident, the nature and list of visible damage are certified by the signatures of both drivers.
If there are disagreements regarding the circumstances of damage to property as a result of a traffic accident, the nature and list of visible damage to vehicles, the refusal of one of the participants in the traffic accident to sign a notice, or the amount of damage exceeding an approximate estimate of 25 thousand rubles, registration of a traffic accident transport incident is carried out with the participation of authorized police officers.
In case of registration of documents about a road traffic accident without the participation of authorized police officers, the completed form for notification of a road traffic accident, together with the victim’s application for insurance payment, is sent to the insurer to determine the amount of losses to be compensated.
The insurer has the right to order an independent examination of vehicles involved in a traffic accident in the event of detection of contradictions regarding the nature and list of visible damage to vehicles and (or) circumstances of harm in connection with damage to property as a result of a traffic accident, recorded in the submitted notification of a traffic accident, in accordance with paragraph 45 of these Rules.
In case of registration of documents about a traffic accident without the participation of authorized police officers, the amount of insurance payment due to the victim in compensation for damage caused to his property cannot exceed 25 thousand rubles.
41.2. The victim who has received an insurance payment on the basis of clause 41.1 of these Rules does not have the right to submit additional claims to the insurer for compensation for damage caused to his property as a result of such a traffic accident.
To exercise the right related to compensation for damage caused to his property in an amount exceeding 25 thousand rubles, the victim may file a claim in court against the person who caused the damage.
The victim has the right to contact the insurer who insured the civil liability of the person who caused the harm for compensation for damage that was caused to life or health, arose after the filing of a claim for insurance payment and which the victim did not know about at the time of filing the claim in accordance with paragraphs 43, 51 – 56 of these Rules.
42. Notices of a traffic accident filled out by drivers who are participants in a road traffic accident, drawn up in accordance with paragraph 41 of these Rules, must be delivered or sent in any way that ensures confirmation of dispatch to the insurer or the insurer's representative in the subject of the Russian Federation at the place of residence (location) of the victim or in the subject of the Russian Federation on the territory of which the traffic accident occurred. The driver who is the victim submits to the insurer his or her own notification form about a traffic accident or a single notification form filled out jointly with other participants in the traffic accident simultaneously with the submission of an application for insurance payment. A notification about a traffic accident can be transmitted by fax with the simultaneous sending of its original by registered mail to the address of the insurer or the insurer's representative specified in the compulsory insurance policy.
43. A victim who intends to exercise his right to an insurance payment is obliged to notify the insurer of the occurrence of an insured event as soon as possible.
Victims, including passengers of vehicles, submit a claim to the insurer for insurance payment within the time limits established by paragraph 42 of these Rules.
The victim sends an application for insurance payment to the insurer, or the insurer’s representative at the victim’s place of residence (location), or to the insurer’s representative in the constituent entity of the Russian Federation on the territory of which the traffic accident occurred.
44. At the time of filing an application for insurance payment, the victim attaches to the application:
a) a certificate of a traffic accident issued by the police authority responsible for road safety, in a form approved by the Ministry of Internal Affairs of the Russian Federation in agreement with the Ministry of Finance of the Russian Federation, if the paperwork on the traffic accident was carried out with the participation of authorized police officers ;
b) notification of a traffic accident.
Copies of the protocol on an administrative offense, a resolution on a case on an administrative offense or a ruling on the refusal to initiate a case on an administrative offense must be provided to the victim only in cases where the preparation of such documents is provided for by the legislation of the Russian Federation. The victim receives the specified documents from the police and presents them to the insurer.
In addition, the victim, depending on the type of damage caused, submits to the insurer the documents provided for in paragraphs 51, 53 - 56 and (or) 61 of these Rules.
45. In case of damage to property, the victim, who intends to exercise his right to insurance payment, is obliged to present the damaged property or its remains for inspection and (or) organization of an independent examination (assessment) in order to clarify the circumstances of the harm and determine the amount of damages to be compensated, and the insurer - to inspect the damaged property and (or) organize an independent examination (assessment).
The insurer inspects the damaged property and (or) organizes an independent examination (assessment) by issuing a referral for examination (assessment) within no more than 5 working days from the date of receipt from the victim of an application for insurance payment and the documents provided for in paragraph 44 of these Rules, unless otherwise the term has not been agreed upon by the insurer with the victim.
The insurer is obliged to agree with the victim on the time and place of the inspection and (or) organization of an independent examination of the damaged property, taking into account the work schedule of the insurer, the expert and the period of inspection of the damaged property specified in this paragraph, and the victim is obliged to present the damaged property at the time agreed with the insurer.
If the nature of the damage or the characteristics of the damaged property exclude its presentation for inspection and (or) the organization of its independent examination (assessment) at the location of the insurer and (or) the expert (for example, damage to a vehicle that precludes its participation in road traffic), inspection and ( or) an independent examination (assessment) is carried out at the location of the damaged property within the period established by this paragraph.
If, based on the results of an inspection of the damaged property carried out by the insurer, the insurer and the victim reach an agreement on the amount of the insurance payment and do not insist on organizing an independent examination (assessment) of the damaged property, such an examination (assessment) may not be carried out.
If, after an inspection of the damaged property by the insurer, the insurer and the victim do not reach an agreement on the amount of the insurance payment, the insurer is obliged to organize an independent examination (assessment), and the victim is obliged to provide the damaged property for an independent examination (assessment).
46. If the insurer, within the period established by paragraph 45 of these Rules, has not inspected the damaged property and (or) has not organized an independent examination (assessment), then the victim has the right to independently request the organization of such an examination, without presenting the damaged property to the insurer for inspection.
When deciding on an insurance payment, the insurer uses the results of this independent examination.
47. In order to clarify the circumstances of the damage caused to vehicles, establish the nature of damage to the vehicle and their causes, technology, methods, cost of its repair, as well as the actual value of the vehicle on the date of the traffic accident, an independent technical examination of the vehicle is carried out in in accordance with the rules approved by the Government of the Russian Federation.
48. If an inspection and (or) independent examination (assessment) of the damaged property or its remains presented by the victim does not allow one to reliably establish the existence of an insured event and the amount of losses subject to compensation under a compulsory insurance contract, to clarify these circumstances, the insurer has the right to conduct an inspection of the insured’s vehicle, during the use of which the victim was harmed, and (or) organize an independent examination of this vehicle, and the policyholder is obliged to present this vehicle at the request of the insurer for organizing an independent examination.
In this case, the insurer is obliged to inspect the vehicle and (or) organize an independent examination (assessment) and pay the costs of its implementation in accordance with paragraph 45 of these Rules.
The results of the inspection and (or) independent examination (assessment) are documented in writing and signed by the insurer (his representative), the expert (when conducting an independent examination) and the owner of the vehicle.
48.1. The victim has the right to submit a claim for compensation for damage caused to his property directly to the insurer who insured the civil liability of the victim (direct compensation for losses), if the following circumstances exist simultaneously:
a) as a result of a traffic accident, damage was caused only to property;
b) a traffic accident occurred with the participation of 2 vehicles, the civil liability of whose owners is insured in accordance with the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners.”
48.2. The insurer, which insured the civil liability of the victim, assesses the circumstances of the traffic accident, set out in the notification of the traffic accident, and, on the basis of the submitted documents, compensates the victim, upon his request, for the damage caused to the property of the victim, in the amount of the insurance payment on behalf of the insurer, who has insured the civil liability of the person who caused the harm (provides direct compensation for losses).
48.3. The exercise of the right to direct compensation for losses does not limit the right of the victim to contact the insurer who insured the civil liability of the person who caused the harm for compensation for damage that was caused to life or health, arose after the filing of a claim for insurance payment and which the victim did not know about at the time of filing the claim. .
VIII. Determining the amount of insurance payment
when causing harm to the life and health of victims
49. The amount of insurance payment due to the victim in order to compensate for damage caused to his health is calculated by the insurer in accordance with Chapter 59 of the Civil Code of the Russian Federation.
If harm is caused to the victim's health, compensation is subject to the victim's lost earnings (income), which he had or definitely could have had on the day the harm was caused to him, as well as additional expenses incurred caused by damage to health, including costs of treatment, additional food, purchase of medicines, prosthetics, outside care, sanatorium treatment, purchase of special vehicles, preparation for another profession, if it is established that the victim needs these types of help and care and is not entitled to receive them free of charge.
The amount of insurance payment for causing harm to the life of the victim is:
135 thousand rubles - to persons who, in accordance with civil law, have the right to compensation for damage in the event of the death of the victim (breadwinner);
no more than 25 thousand rubles - for reimbursement of funeral expenses to persons who incurred these expenses.
50. To receive an insurance payment in connection with causing harm to the health of the victim, in addition to the documents provided for in paragraph 44 of these Rules, the documents provided for in paragraphs 51, 55-56 of these Rules are attached to the application for insurance payment, and in connection with causing harm to the life of the victim - documents , provided for in paragraphs 53 and 54 of these Rules.
51. When victims present a claim for compensation for their lost earnings (income) in connection with an insured event that resulted in loss of professional ability to work, and in the absence of professional ability to work - resulting in loss of general ability to work, are presented:
a) a conclusion from the relevant medical institution indicating the nature of the injuries and injuries received by the victim, diagnosis, period of incapacity for work;
b) a medical examination report issued in accordance with the procedure established by the legislation of the Russian Federation on the degree of loss of professional ability to work, and in the absence of professional ability to work - on the degree of loss of general ability to work;
c) a certificate or other document about the average monthly earnings (income), scholarships, pensions, benefits that the victim had on the day of harm to his health;
d) other documents confirming the income of the victim, which are taken into account when determining the amount of lost earnings (income).
52. The amount of earnings (income) lost by the victim to be compensated is determined as a percentage of his average monthly earnings (income) before injury or other damage to health or until he lost his ability to work, corresponding to the degree of loss of the victim’s professional ability to work, and in the absence of professional ability to work - the degree of loss of general ability to work.
53. Persons entitled, in accordance with civil law, to compensation for damage in the event of the death of the victim (breadwinner), provide to the insurer:
a) a statement containing information about family members of the deceased victim, indicating the persons who were dependent on him and who have the right to receive maintenance from him;
b) a copy of the death certificate;
c) Lost force
d) birth certificate of the child (children), if at the time of the insured event the deceased had minor children as their dependents;
e) a certificate confirming the establishment of disability, if on the date of the insured event, disabled people were dependent on the deceased;
f) a certificate from an educational institution stating that a family member of the deceased who has the right to receive compensation for harm is studying at this educational institution, if at the time of the insured event the dependents of the deceased were persons studying at the educational institution;
g) a conclusion (certificate from a medical institution, social security authority) about the need for outside care, if at the time of the insured event there were persons dependent on the deceased who needed outside care;
h) a certificate from a social security authority (medical institution, local government, employment service) stating that one of the parents, spouse or other family member of the deceased does not work and is caring for his relatives, if at the time of the insured event the deceased was dependent non-working family members caring for his relatives.
Insurance payment to persons entitled, in accordance with civil law, to compensation for damage in the event of the death of the victim (breadwinner), is made in equal shares, based on a total amount of 135 thousand rubles. The size of the shares is determined by the insurer as of the day of the decision to make an insurance payment based on the number of applications for payment submitted by persons entitled to compensation for damage in the event of the death of the victim (breadwinner) before the expiration of the period provided for in paragraph 70 of these Rules.
If the insurer, within the period established by these Rules, has made an insurance payment to the person (persons) entitled to compensation for damage in the event of the death of the victim (breadwinner), other persons entitled to compensation for damage in the event of the death of the victim (breadwinner) and who have not declared their claims before making a decision on insurance payment, have the right to apply for compensation for harm directly to the causer of harm in the manner prescribed by civil law.
If during the life of the victim an insurance payment was made for causing harm to health, it is withheld from the amount of the insurance payment for compensation for harm in connection with the death of the victim (breadwinner).
54. Persons who have incurred the necessary expenses for the burial of the deceased, when submitting a claim for compensation for damage, represent:
a) a copy of the death certificate;
b) documents confirming the necessary funeral expenses incurred.
Funeral expenses are reimbursed in the amount of no more than 25 thousand rubles.
55. The victim, when submitting a claim for compensation for additional expenses incurred by him caused by damage to health as a result of an insured event, as well as expenses for treatment and the purchase of medicines, to which the victim is not entitled to receive free of charge (including in excess of the basic compulsory health insurance program) , is:
a) an extract from the medical history issued by the medical institution;
b) documents confirming payment for the services of the medical institution;
c) documents confirming payment for purchased medications.
56. When submitting a claim for compensation for additional expenses incurred by him caused by damage to health as a result of an insured event (except for the costs of treatment and the purchase of medicines), the victim submits a medical report, a medical-social or forensic medical report issued in accordance with the procedure established by the legislation of the Russian Federation examinations on the need for additional nutrition, prosthetics, outside care, sanatorium-resort treatment, special vehicles, as well as:
a) when submitting a claim for reimbursement of expenses for additional food:
a certificate from local governments or other authorized bodies about the prevailing prices in a given region for products included in the daily food package of additional food;
a certificate from a medical institution about the composition of the daily food package of additional food required for the victim;
documents confirming payment for purchased products from the supplementary nutrition food package.
Expenses for additional food are included in the insurance payment in an amount not exceeding 3 percent of the insured amount;
b) when submitting a claim for reimbursement of expenses for prosthetics - documents confirming payment for prosthetics services;
c) when submitting a claim for reimbursement of expenses for outside care - documents confirming payment for outside care services.
Expenses for outside care are included in the amount of insurance payment in the amount of no more than 10 percent of the insured amount;
d) when submitting a claim for reimbursement of expenses for sanatorium treatment:
an extract from the medical history issued by the institution where the spa treatment was carried out;
a copy of the sanatorium-resort voucher or other document confirming receipt of sanatorium-resort treatment, certified in the prescribed manner;
documents confirming payment for a voucher for sanatorium treatment;
e) upon presentation of a claim for reimbursement of expenses for the purchase of special vehicles:
a copy of the vehicle’s passport or its registration certificate;
documents confirming payment for the purchased special vehicle;
the agreement under which a special vehicle was purchased;
f) when victims present a claim for reimbursement of expenses associated with training for another profession:
invoice for payment of vocational training (retraining);
a copy of the agreement with the organization providing vocational training (retraining);
document confirming payment for vocational training (retraining).
57. The insurance payment for each insured event cannot exceed the established amount of the insured amount.
The insurer, in agreement with the victim, has the right to make a partial insurance payment on the basis of documents on the provision of services, the need for which was caused by the insured event, and on their payment, or to pay for these services directly to the medical institution that provided them.
58. Payment of the insurance amount for harm caused to the life or health of the victim is made regardless of the amounts due to him under social security and compulsory and voluntary personal insurance contracts.
59. State social insurance and social security bodies, as well as medical insurance organizations, do not have the right to make recourse claims against the insurer providing compulsory insurance.
IX. Determination of the amount to be compensated for damages caused to the property of the victim
60. If damage is caused to the property of the victim in accordance with these Rules, compensation within the limits of the insured amount is subject to:
a) in the event of complete loss of the victim’s property - the actual value of the property on the day of the insured event; in the event of damage to the property - the costs necessary to bring the property to the state in which it was before the occurrence of the insured event -;
b) other expenses incurred by the victim in connection with the harm caused (evacuation of a vehicle from the scene of a traffic accident, storage of a damaged vehicle, delivery of victims to a medical institution, etc.).
61. If damage is caused to the property of the victim (vehicles, buildings, structures, structures, other property of individuals, legal entities), in addition to the documents provided for in paragraph 44 of these Rules, the victim submits:
a) documents confirming the victim’s ownership of the damaged property or the right to insurance payment in case of damage to property owned by another person;
b) the conclusion of an independent examination on the amount of damage caused, if an independent examination was carried out, or the conclusion of an independent technical examination on the circumstances and amount of damage caused to the vehicle, if such an examination was organized independently by the victim (if the examination was organized by the insurer, the expert opinions are kept by him);
c) documents confirming payment for the services of an independent expert, if the examination was carried out and payment was made by the victim;
d) documents confirming the provision and payment of services for the evacuation of damaged property, if the victim requires compensation for the corresponding expenses. The costs of towing a vehicle from the scene of a traffic accident to the place of its repair or storage are subject to reimbursement;
e) documents confirming the provision and payment of services for storing damaged property, if the victim requires compensation for the corresponding expenses.
Storage costs are reimbursed from the date of the traffic accident until the day the insurer conducts an inspection or independent examination;
f) other documents that the victim has the right to submit in support of his claim for compensation for the damage caused to him, including estimates and invoices confirming the cost of repairing damaged property.
62. The victim presents to the insurer the originals of the documents provided for in paragraph 61 of these Rules, or their copies certified by a notary, or by the person (body) who issued the documents, or by the insurer.
To confirm payment for purchased goods, work performed and (or) services provided, original documents are submitted to the insurer.
63. The amount of insurance payment in the event of damage to the property of the victim is determined:
a) in the event of complete loss of the victim’s property - in the amount of the actual value of the property on the day of the insured event. Total loss refers to cases where repair of damaged property is impossible or the cost of repairing damaged property is equal to its value or exceeds its value on the date of the insured event. b) in the event of damage to the property of the victim - in the amount of expenses necessary to bring the property to the state in which it was before the occurrence of the insured event (recovery expenses).
Restoration costs are paid based on the average prices prevailing in the relevant region.
When determining the amount of restoration costs, the wear and tear of parts, assemblies, assemblies and parts used during restoration work is taken into account.
64. The costs of restoring damaged property include:
expenses for materials and spare parts necessary for repair (restoration);
expenses for repair work;
if the damaged property is not a vehicle - costs for delivery of materials and spare parts to the repair site, costs for delivery of property to the repair site and back, costs for delivery of repair crews to the repair site and back.
Restoration costs do not include additional costs resulting from improvements and upgrades to the property and costs resulting from temporary or auxiliary repairs or restoration.
65. By agreement with the victim, the insurer has the right to organize and pay for the repair of damaged property against the insurance payment.
The person who carried out the repair is responsible to the victim for the quality of the repair.
If the insurance payment is paid to several victims and the amount of their claims presented to the insurer on the day of the first insurance payment for compensation for damage caused to property in this insured event exceeds the insurance amount established by paragraph 10 of these Rules, insurance payments are made in proportion to the ratio of this insurance amount to the amount of the indicated claims of the victims (taking into account the limitation on the amount of insurance payment in terms of compensation for damage caused to the property of one victim). The insurance payment for each insured event cannot exceed the established insured amount.
X. Making insurance payments
66. If a criminal case has been initiated on the basis of a traffic accident, the victim provides the insurer with documents from the investigative and (or) judicial authorities on the initiation, suspension or refusal to initiate a criminal case or a court decision that has entered into legal force.
67. The insurer has the right to independently request the competent authorities and organizations to provide the documents provided for in paragraphs 51, 53 - 56, 61 and 66. The insurer has the right to request the provision of only the documents necessary to resolve the issue of insurance payment, taking into account the nature of the damage caused to a particular victim. The insurer has the right to make a decision on the insurance payment in the event of failure to provide any of the documents specified in these Rules, if their absence does not significantly affect the determination of the amount of the insurance payment.
Documents and conclusions necessary to resolve the issue of payment of insurance amounts under a compulsory insurance contract are provided at the request of the insurer free of charge, except for cases provided for by the legislation of the Russian Federation.
68. Lost power
69. The policyholder takes reasonable and available measures under the circumstances to reduce losses. Expenses incurred in order to reduce losses (providing a vehicle to transport a victim in a traffic accident to a medical facility, participating in the elimination of the consequences of a traffic accident, etc.) are reimbursed by the insurer, even if the corresponding measures were unsuccessful. The degree of participation of the insured in reducing the damage caused by the vehicle and the amount of reimbursement of costs are determined by agreement with the insurer, and in the absence of consent of the parties, by the court.
70. The insurer considers the victim’s application for insurance payment and the documents provided for in paragraphs 44, 51, 53-56 and 61 of these Rules within 30 days from the date of their receipt.
During the specified period, the insurer is obliged to draw up a report on the insured event, on the basis of it, make a decision on making an insurance payment to the victim, make an insurance payment, or send a written notice of a complete or partial refusal of an insurance payment, indicating the reasons for the refusal. Integral parts of the insured event report are the conclusion of an independent examination (assessment), if one was carried out, and (or) an inspection report of the damaged property.
If this obligation is not fulfilled, the insurer, for each day of delay, pays the victim a forfeit (penalty) in the amount of one seventy-fifth of the refinancing rate of the Central Bank of the Russian Federation, valid on the day when the insurer should have fulfilled this obligation, of the established insured amount for the type of compensation for each victim.
The amount of the penalty (penalty) payable to the victim cannot exceed the amount of the insurance amount for the type of compensation for harm to each victim.
71. In the insured event report, based on the available documents, the insurance payment is calculated and its amount is indicated. A copy of the insured event report is transferred by the insurer to the victim upon his written request no later than 3 days from the date the insurer receives such a requirement (if the claim is received after the insured event report is drawn up) or no later than 3 days from the date of the insured event report is drawn up (if the claim is received before drawing up an insured event report).
72. The victim has the right to demand from the insurer to make a part of the insurance payment corresponding to the actually determined part of the specified damage, until the amount of damage to be compensated is fully determined.
73. In the event of a disagreement between the insurer and the victim regarding the amount of damage to be compensated under the compulsory insurance contract, the insurer is in any case obliged to make an insurance payment in the part not disputed by it.
74. If an insurance payment, refusal of insurance payment or change in its amount depends on the results of proceedings in a criminal or civil case or a case of an administrative offense, the period of insurance payment may be extended until the end of the said proceedings and the entry into force of the court decision.
75. Insurance payment is made in cash or by bank transfer.
XI. Right to file recourse
insurer's requirements
76. The insurer has the right to file recourse claims against the person who caused the harm in the amount of the insurance payment made by the insurer, as well as the costs incurred in considering the insured event, if:
a) harm to the life or health of the victim was caused due to the intent of the said person;
b) the harm was caused by the specified person while driving a vehicle while intoxicated (alcohol, drugs or other);
c) the specified person did not have the right to drive a vehicle during the use of which he was harmed;
d) the said person fled the scene of the traffic accident;
e) the specified person is not included in the number of drivers allowed to drive this vehicle, if the compulsory insurance contract provides for the use of the vehicle only by drivers specified in the compulsory insurance policy;
f) the insured event occurred when the specified person used the vehicle during a period not provided for by the compulsory insurance contract, if the compulsory insurance contract provides for the use of the vehicle during a certain period.
XII. Settlement of disputes
77. Disputes arising from the compulsory insurance contract are resolved in accordance with the legislation of the Russian Federation.
On September 19, 2014, the Bank of Russia approved the “Regulations on the rules of compulsory civil liability insurance of vehicle owners”, registered with the Ministry of Justice of Russia on October 1, 2014 N 34204. New rules of OSAGO 2014 come into force from 10/11/2014 the year when Government Decree No. 1007 of 02.10.2014 came into force, which established that the old rules of compulsory motor liability insurance were no longer in force. The Resolution was published on October 3, 2014, and came into force after 7 days.
New MTPL insurance rules 2014 fully comply with the MTPL Law as amended in 2014, and in some provisions supplement the Law.
Structure of the MTPL insurance rules 2014.
1. The procedure for concluding an MTPL agreement - Chapter 1
If the MTPL agreement is concluded before receiving the registration plate, then the policyholder must inform the insurer within 3 days of the number of the received license plate (clause 1.3.), so that he, in turn, enters the data into the automated system.
Together with the insurance policy, 2 accident notification forms and a list of insurer representatives with addresses, telephone numbers, and working hours must be issued. There are no MTPL rules on the list. Road accident forms are additionally issued free of charge. (clause 1.4.)
The vehicle owner has the right to choose any MTPL insurer. The insurer has no right to refuse to conclude a contract if all the documents provided for in Art. 15 of the Law on Compulsory Motor Liability Insurance (clause 1.5).
When concluding an MTPL contract, the vehicle owner is required to provide information about the previous insurance contract if the insurer changes. If insurance is provided by the same insurer as in the previous year, then he has information. Information is issued upon your written request after the end of the insurance contract (clause 10, article 15 of the law on compulsory motor liability insurance). If the information provided by the policyholder does not correspond to the information in the automated system, the insurer enters into a contract based on the information provided by the policyholder (clause 1.8.)
The contract does not allow for the replacement of the vehicle and the replacement of the policyholder. That is, when selling one car (change of ownership) and buying a new one, you can terminate the contract and receive part of the paid premium, and draw up a new contract for a new car. You can also make changes to the old contract regarding the owner and persons admitted to management, but you will remain the policyholder (clause 1.9.)
It is planned to introduce the possibility of concluding a compulsory insurance agreement by issuing an electronic document. The procedure for drawing up such an agreement is regulated by clause 1.11
Upon termination of the insurance contract, part of the insurance premium is returned only in the following cases (clauses 1.13-1.16):
— Death of the policyholder (heirs can receive)
— Death or loss of the vehicle
Liquidation of the insurer
— Revocation of the insurer’s license
— Change of owner of the vehicle (transfer by notarized power of attorney is not a change of owner!)
In this case, part of the share of the insurance premium intended for insurance payments falling on the unexpired period is returned. The unexpired period is counted from the day following the day of termination of the contract. The day of termination of the contract in the first three cases is the date of the event (death, theft, loss, liquidation), in the other two cases it is the date of your application.
It also talks about return periods and penalties for late returns.
Information about insurance upon termination of the insurance contract is provided upon written application within 5 days. Information is provided to both the policyholder and persons whose liability was insured (clause 1.17)
2. The procedure for paying the insurance premium is regulated by Chapter 2
The policyholder has the right to request a written calculation of the insurance premium, and the insurer is obliged to provide it within 3 days from the date of receipt of a written application for this (clause 2.1.).
The date of payment of the insurance premium is the date of receipt at the cash desk or the date of transfer, if by bank transfer (clause 2.2)
3. List of actions of persons when implementing compulsory insurance - Chapter 3.
The driver involved in an accident is obliged to inform other participants of information about his MTPL agreement: policy number, name, address and telephone number of the insurer (clause 3.2).
Filing a notification of an accident is mandatory regardless of the arrival of the traffic police (clause 3.5)
If there is no disagreement, then both drivers fill out one notification form. If there are disagreements or more than 2 vehicles were involved in an accident, and also if filling out the notice together is impossible (due to health reasons, in case of death, if another driver refuses to fill out the notice together), each driver can fill out his own form, indicating the reason for the impossibility of joint filling (clause 3.5)
About registration of an accident according to clause 3.6
Notice forms must be given to your MTPL insurer no later than 5 business days or sent (by a valuable letter with a list of attachments, not specified in the rules, but we recommend sending this way) in any way that provides confirmation of sending. We have already talked in more detail about the 2014 European Protocol here.
If the amount of damage turns out to be higher than required under the European protocol, then a claim for compensation for damage in excess of the insurance payment is presented to the culprit (clause 3.7.)
The victim submits an application for payment along with the notice. (clause 3.8.)
List of documents attached to the application for payment (clause 3.10)
The victim is obliged to provide the car for inspection within 5 working days from the date of filing the application with attachments. Everything about the inspection procedure and conducting an independent examination, assessment, clauses 3.11 - 3.14
About p.p. 3.15-3.18
4. The procedure for determining the amount and making insurance payments - Chapter 4.
The procedure for making payments in case of harm to life or health (amounts, list of documents, payment procedure) clauses 4.1 -4.11.
The procedure for making payments in case of damage to property (amounts, list of documents, payment procedure) clauses 4.12 -4.17.
For compulsory motor liability insurance (procedure for issuing referrals, deadlines, etc.) - clause 4.17
If a criminal case has been initiated, the victim provides the insurer with documents from the investigative and/or judicial authorities on the initiation, suspension, or refusal to initiate a criminal investigation or a court decision that has entered into force (clause 4.18.)
Time limit for consideration of an application for payment and penalty - clause 4.22
On the insurance act and the issuance of its copy upon the written request of the victim, clause 4.23
5. Dispute resolution procedure - Chapter 5.
On pre-trial claims (procedure for presentation, consideration. Contents, attached documents) - clause 5.1.A pre-trial claim under MTPL is mandatory.
Responsibilities of the insurer based on the results of consideration of the claim (payment or procedure for sending a refusal) - clause 5.2.
— Applications for concluding an insurance contract
— OSAGO policy
— Information about the insurer’s representatives
— Insurance information
you can download it here. The file was taken from the official website of the Bank of the Russian Federation.
_____________________________________________________________________________
Legal assistance and representation in court.
Case No. 2-2324/2015
SOLUTION
In the name of the Russian Federation
Oktyabrsky District Court of Penza
as part of the presiding judge Bobyleva E.S.
under secretary M.N. Brichkova,
Having considered in open court in Penza a civil case on the claim of Vladimir Ivanovich Povalikhin against Ingosstrakh SPAO for the protection of consumer rights - collection of insurance compensation, penalties and expenses for a tow truck,
INSTALLED:
Plaintiff V.I. Povalikhin filed a lawsuit with the named claim against the defendant SPAO Ingosstrakh and with references to Art. , Federal Law of April 25, 2002 No. 40-FZ “On compulsory insurance of civil liability of vehicle owners”, OSAGO Rules, Law of the Russian Federation “On the Protection of Consumer Rights” asked to recover insurance compensation from him in his favor for damages - 56,183 rubles ., penalty – 11,236 rubles. 80 kopecks, a fine of 50% in accordance with the law “On Compulsory Motor Liability Insurance”, costs for a tow truck - 4,500 rubles, indicating the following:
He owns the car “...”, r/z no. DD.MM.YYYY, at... hour. ... min., in a traffic accident involving 3 cars: “...”, r/z R no. under the control of the driver FULL NAME9, who collided with the car “...”, r/z No., under his control, which, due to the impact, collided with the car “...”, r/z No., under the control of the driver FULL NAME4 . As a result of the accident, the vehicle “...”, r/z No., received mechanical damage. In accordance with the documents submitted to the State Traffic Safety Inspectorate, the accident occurred as a result of a violation of the Traffic Rules of the Russian Federation by the driver, FULL NAME9. Within the time limits and in the manner prescribed by law, he sent to the insurance company SPAO Ingosstrakh a statement about the occurrence of an insured event, in which he asked to compensate for the damage caused to his property. All necessary documents provided for in clauses 3.10., 4.13 were attached to the application. OSAGO rules. Due to the fact that the damage to the vehicle “...”, r/z No., in accordance with the Russian Federation Traffic Regulations, excludes the possibility of its participation in road traffic, a notification was sent to the Ingosstrakh SPAO to organize an inspection. Representatives of SPAO "Ingosstrakh" did not organize an inspection of the damaged vehicle "...", r/z No., and therefore he asked to accept the results of a independently organized independent examination. According to report No. dated DD.MM.YYYY, the market value of the car “...”, r/z No., is 58,700 rubles, the cost of the usable remains of the car “...”, r/z No. is 2,517 rubles. To date, no insurance compensation has been paid. According to clause 4.23. Rules of OSAGO, the penalty for late payment of insurance compensation for the period from DD.MM.YYYY to DD.MM.YYYY amounted to 11,236 rubles. They also incurred expenses associated with calling a tow truck - 4,500 rubles.
To the court to consider the case, plaintiff Povalikhin V.I. did not appear, was notified of the place and time of the court hearings, and in written statements asked to consider the case in his absence, with the participation of his representative.
The representative of the plaintiff Bakanov M.E., acting under a power of attorney with the right to reduce the amount of claims at this court hearing, announced a reduction in the amount of the claim for the recovery of a penalty to 10,000 rubles. with an estimated amount of 11,236 rubles, in the rest of the claim he supported the claims, asked the court to satisfy them and, during the consideration of the case on the merits, confirmed the circumstances set out in the claim.
Representative of the defendant JSC Ingosstrakh, by proxy, Chernov S.P. During the consideration of the case, she did not recognize the claims, objected to their satisfaction, asked to refuse their satisfaction, explaining:
DD.MM.YYYY the insurance company SPAO "Ingosstrakh" through the Russian Post received a statement from V.I. Povalikhin. about insurance payment with attached documents in connection with damage in an accident from DD.MM.YYYY TS..., state. per. sign no. According to the act of opening the envelope, the appendix to the application for insurance payment did not contain a mandatory document confirming the victim’s ownership of the damaged property, of which he was promptly notified. Paragraph 4, paragraph 21, Article 12, paragraph 2, paragraph 1, Article 16 and paragraph 3, Article 19 of the Law on Compulsory Motor Liability Insurance (MTPL) from September 1, 2014, provides for a mandatory pre-trial dispute resolution procedure. In accordance with Federal Law No. 40 “On Compulsory Motor Liability Insurance”, Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 29, 2015 No. 2 “On the application by courts of legislation on compulsory insurance of civil liability of vehicle owners” in case of insufficient documents confirming the occurrence of an insured event and the amount of compensation to be compensated damage insurer, the insurer, within three working days from the date of receipt by mail, and when contacting the insurer in person - on the day of filing an application for insurance payment or direct compensation for losses, is obliged to inform the victim about this, indicating a complete list of missing and/or incorrect executed documents (paragraph 5, clause 1, article 12 of the Law on Compulsory Motor Liability Insurance). If victims are presented with documents that do not contain information necessary for payment of insurance compensation, including at the request of the insurer, then the insurance organization is exempt from paying a penalty, financial sanction, fine and compensation for moral damage (clause 3 of Art.). The plaintiff did not comply with the pre-trial procedure and deliberately ignored the requests of the insurance company.
A third party who does not make independent claims regarding the subject of the dispute, Chernyaeva Yu.E. did not appear in court to consider the case, was notified of the place and time of the court hearings, and asked in a telephone message to consider the case in her absence.
After listening to the explanations of the representatives of the parties, examining the materials of this civil case and the investigation into the accident, the court finds the claims subject to satisfaction on the following grounds:
In accordance with paragraphs 1 and 2 of clause 1 of Art. harm caused ... to the property of a citizen, ... is subject to compensation in full by the person who caused the damage; By law, the obligation to compensate for harm may be imposed on a person who is not the cause of harm.
Under a property insurance contract, in particular, property interest can be insured - the risk of loss (destruction), shortage or damage to certain property (Article ) (subclause 2 of Art.).
DECIDED:
Claims of Povalikhin V.I. to SPAO "Ingosstrakh" on the protection of consumer rights - the collection of insurance compensation, penalties and expenses for a tow truck to satisfy.
To recover from SPAO Ingosstrakh in favor of V.I. Povalikhin. insurance compensation – 56,183 rubles, penalty for delay in fulfilling obligations for the period from DD.MM.YYYY to DD.MM.YYYY – 10,000 rubles, expenses for a tow truck – 4,500 rubles, fine for failure to voluntarily fulfill the requirements of the victim – 28,091 rub. 50 kopecks, in reimbursement of expenses: to pay for the examination - 5,000 rubles, to issue a power of attorney - 1,700 rubles, to pay for the services of a representative - 5,000 rubles, and a total of 110,474 rubles. 50 kop..
To collect from SPAO Ingosstrakh a state duty in the amount of 2,320 rubles for the local budget. 49 kop..
Lost profit
Judicial practice on the application of Art. 15, 393 Civil Code of the Russian Federation
Liability for causing harm, flooding of apartments
Judicial practice on the application of Art. 1064 Civil Code of the Russian Federation
Compensation for losses
Judicial practice on the application of Art. 15 Civil Code of the Russian Federation
Under insurance contracts
Judicial practice on the application of Art. 934, 935, 937 Civil Code of the Russian Federation
Good afternoon, dear reader.
On April 28, 2017, the updated version of the Federal Law “On Compulsory Civil Liability Insurance of Vehicle Owners” came into force. This document was discussed in previous articles "" and "".
On May 21, 2017, changes were made to another document related to MTPL. This is about . Changes to this document will be reviewed today.
You will learn:
Issuing an application when purchasing compulsory motor liability insurance
Updated clause 1.4 of the OSAGO rules:
A compulsory insurance insurance policy is issued by the insurer to the insured who has applied for the conclusion of a compulsory insurance contract and, if provided for by the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” or these Rules, has submitted other documents, as well as fulfilled the obligation to pay the insurance premium, immediately after performing these actions. When concluding a compulsory insurance agreement with an insured who is a legal entity, a compulsory insurance policy may be issued in a different manner, determined by an agreement between such insured and the insurer.
Compulsory insurance policy and a copy of the application for concluding a compulsory insurance agreement signed by the policyholder and the insurer (insurer's representative) are issued by the insurer to the policyholder who has applied for the conclusion of a compulsory insurance contract and, if provided for by the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” or these Rules, who has submitted other documents, as well as fulfilled the obligation to pay the insurance premium, immediately after the implementation of the specified actions. When concluding a compulsory insurance agreement with an insured who is a legal entity, a compulsory insurance policy may be issued in a different manner, determined by an agreement between such insured and the insurer.
Starting from May 21, 2017, when purchasing compulsory motor liability insurance, the driver, in addition to the compulsory motor liability insurance policy itself, must also be given a copy of the application for concluding the contract.
Let me remind you that when concluding an MTPL agreement, the car owner must choose a service station where his vehicle will be repaired in the event of an accident. Information about the selected organization is included in the application, and a copy of such an agreement is given to the driver.
Replacing a car service in the event of an accident
New clause 4.17.2 regulates the actions of a car owner who wants to have the car repaired at a car service center not specified in the application when purchasing an MTPL policy:
4.17.2. A victim who intends to receive insurance compensation for damage caused in the manner established by paragraph 15 3 of Article 12 of the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” indicates in the application for insurance compensation or direct compensation for losses the full name, address (location) and payment details of the service station where he intends to organize repairs of the damaged vehicle. The insurer, within 15 calendar days, excluding non-working holidays, after receiving such an application and the documents attached to it, provided for by these Rules, notifies the victim in writing of the approval of repairs at the specified service station or of the refusal of such approval.
In the absence of the written consent of the insurer to pay the cost of restoration of the service station, provided for in paragraph 15 3 of Article 12 of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners", insurance compensation for damage is carried out in accordance with paragraph 15 2 of Article 12 of the Federal Law "On Compulsory insurance of civil liability of vehicle owners."
If you want to use the services of another workshop, then you need:
1. Before contacting the insurance company, find out the details of the specified workshop (name, address and payment details). Without this information, it will not be possible to fill out the documents correctly.
2. In the application for insurance compensation, which is submitted after an accident, you must indicate the details of the workshop from point 1.
3. Within 15 days, the insurance company will either agree to pay for repairs at the specified station or refuse to do so. In case of refusal, the car can be repaired at a service chosen by the insurance company.
Fines for the insurance company for failure to meet repair deadlines
Clause 4.22 of the insurance rules:
When compensating in accordance with clauses 4.17.1 and 4.17.2 of these Rules for damage caused to the victim in kind in case of violation of the deadline for restoration of the damaged vehicle, the insurer shall pay the victim a penalty (penalty) for each day of delay in the amount 0.5 percent from the amount of insurance compensation determined in accordance with the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners,” but not more than the amount of such compensation.
Let me remind you that the period for repairing a damaged vehicle under compulsory motor liability insurance cannot exceed 30 days. In addition, a referral for repairs is issued within 20 days (in some cases 30 days).
If the specified deadlines are not met, the insurance company will pay the victim 0.5 percent of the cost of repairs for each day of delay. The maximum amount of the fine is equal to the amount of insurance compensation.
What to do if the driver is dissatisfied with the quality of car repairs?
New clause 5.3 of the OSAGO rules:
5.3. If, when transferring a repaired vehicle to a victim, the victim has claims regarding the results of the restoration repairs carried out, the victim indicates this in the acceptance certificate of the repaired vehicle.
In the case provided for in paragraph one of this paragraph, as well as in the event that the victim identifies deficiencies in the restoration repair of the vehicle during the warranty period specified in the vehicle acceptance certificate, the victim submits a claim to the insurer in accordance with paragraph 5.1 of these Rules.
The insurer, within 5 calendar days, with the exception of non-working holidays, from the date of receipt of the said claim is obliged to organize an inspection of the victim’s vehicle, and the victim is obliged to present the vehicle for inspection at the time and place of inspection agreed upon with the insurer. The insurer has the right to involve a representative of the service station that carried out the restoration of the vehicle in inspecting the injured vehicle.
During the inspection, a conclusion is made about the presence or absence of deficiencies in the restoration repair, about the completeness of the work performed, the presence or absence of a connection between the identified deficiencies and the consequences of the insured event and (or) the restoration repair of the vehicle carried out by the technical service station, about the technical feasibility of eliminating the identified deficiencies in the restoration repair. The results of the inspection are reflected in the inspection report, which makes a conclusion about the possibility or impossibility of eliminating deficiencies in the restoration of the vehicle by carrying out repeated repairs, or about the absence of deficiencies.
The inspection report is drawn up on the day of the inspection in triplicate and handed over to the representative of the service station, the insurer’s representative and the victim against signature. If the inspection report contains a conclusion about the possibility of eliminating the defects in the restoration repair by carrying out repeated repairs, along with such an act the victim is given a referral for repairs to eliminate the deficiencies in the restoration repair of the vehicle, unless an agreement concluded in writing between the insurer and the victim chooses another method of elimination. the indicated shortcomings. If the inspection report contains a conclusion that it is impossible to eliminate the defects of the restoration repair by carrying out repeated repairs, the elimination of the defects of the restoration repair is carried out in accordance with paragraph three of paragraph 15 of Article 12 of the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners.”
If you are dissatisfied with the quality of repairs carried out under OSAGO, you should do the following:
1. Indicate the existing claims in the acceptance certificate. Under no circumstances sign the document until you are sure that the car has been properly repaired.
2. File a claim with the insurance company. Please note that you pick up the car at the workshop, and the claim must be taken to the insurer.
3. The insurer must inspect the repaired car within 5 days and confirm or refute the driver’s claims. All results are recorded in a special inspection report.
4. A copy of the report is given to the driver. If the deficiencies are confirmed during the inspection, the driver is also given a new direction for repairs, during which the deficiencies must be eliminated.
At the beginning of 2018, a law was introduced to the State Duma to increase the fine to 5,000 rubles. The issuance of the document is the prerogative of companies that are members of the Russian Union of Auto Insurers. The last changes to it were made on January 1, 2018.
What is OSAGO?
OSAGO is a type of compulsory insurance for drivers and vehicle owners, adopted in 2003. The agreement regulates the mechanism for compensation for losses caused to road users as a result of an accident. In case of innocence, the policy holder is exempt from paying damages to third parties, which are borne by the insurance company. Without a policy, registration with the traffic police is impossible; driving a car without a policy is prohibited and entails the imposition of penalties ranging from 5 to 8 minimum wages or the car being sent to an impound lot.
The form is stitched with metallized threads, and in the upper right corner contains a QR code, which is encrypted:
- insurance agency;
- number, term and date of issue of the document;
- vehicle registration details;
- VIN code;
- personal data of the policyholder and the owner of the car;
- list of drivers.
Information is available online on the RSA website. Additional options are specified in the insurance contract. Changes to the rules of compulsory motor liability insurance provide for the gradual abandonment of most mandatory clauses, in particular, cyber risks.
MTPL rules with latest changes
In paragraph 3 10 OSAGO rules spell out a new algorithm of actions and a package of documents required for insurance payments, in particular:
- a copy of a document confirming the identity of the victim;
- certificate of authority of the applicant;
- bank details for non-cash payments;
- resolution of the trustee bodies for compensation of damage to minors injured in an accident;
- a certificate from the scene of the accident, issued by police representatives in accordance with the order of the Ministry of Internal Affairs N 154 (04/1/2011);
- notification of an incident;
- copies of acts and decisions on the accident case.
The beneficiary has the right to submit documentation to the insurer electronically through an official resource, but this does not exempt him from writing the application. The electronic application is reviewed within 3 days.
In paragraph 3. 11 The new rules of compulsory motor liability insurance explain the procedure for the actions of the victim who has expressed his intention to receive compensation for losses. The law allows 5 days for the provision of a damaged car and property. The inspection is carried out by an independent expert within 5 days from the date of submission of the application and package of documents (clause 3.6). The results of the inspection are sent by mail. It provides for agreement between the parties to the insurance contract about the place and date of the inspection.
In accordance with clause 4.22 the procedure can be extended for a period not exceeding 20 days, after which it becomes impossible to make a decision on insurance compensation. If delivery of the car is impossible for technical reasons, this circumstance must be mentioned in the application, and an inspection will be carried out on site within 5 days. If the area where the accident occurred falls into the category of inaccessible areas, then the inspection period is extended to 10 days.
Clause 1.7. OSAGO rules allow the insurer to inspect the vehicle before signing the contract. If the document is drawn up in electronic form or the parties do not agree on the location of the inspection, then it is not carried out.
Point 4. 23. MTPL requirements explain the calculation procedure and the amount of insurance payments. A copy of the document is issued upon written application from the victim within 3 days from the date of its receipt. Holidays and weekends are not taken into account. The application must be submitted by the victim after drawing up the act, also within 3 days.
Paragraph 4. 19 allows the insurer to search for information in the competent authorities of the Russian Federation specified in 4.1, 4.2, 4.4 - 4.7, 4.13 and 4.18, and request only those documents that directly relate to insurance payments in a particular case. If the missing documents do not affect the amount of compensation, then the decision on compensation can be made without them.
In paragraph 4.22 The conditions of compulsory motor liability insurance stipulate the terms for consideration of the beneficiary's application. A 20-day period is allotted for making a decision, which does not include holidays and weekends. It can be extended up to 30 days in the case provided for in clause 4.17.2. The countdown starts from the moment the application is received. The document drawn up by the insurer indicates the nature and causes of the accident, damage, and the amount of compensation. He is obliged to make a payment, send the vehicle for repairs or issue a refusal indicating the reasons in writing.
Within 15 days from the date of acceptance of the first application, the insurer has the right to consider the claims of other victims and make an appropriate decision. All payments are made at the same time. Late payment is paid in the amount of 1% of the due amount. If the refusal is not delivered on time, the penalty is 0.05% of the insurance; if repairs are delayed, 0.05% of the amount of compensation based on the victim’s application. The document specifies the details and method of calculation. The total amount of payments should not exceed the amount of compensation provided for by the Federal Law.
Clause 4.24 rules allows vehicle owners to demand partial compensation from the company for damages established by the insurer before determining the final amount.
Clause 4.21 MTPL requirements allow the policyholder to apply measures to reduce costs. The 2018 MTPL rules allow the insurer to take part in eliminating the consequences, provide transport to victims and agree on the amount of compensation with the insurer.
Clause 3.14 regulates that if there is any doubt about the existence of an insured event, the company has the right, within 10 days, to conduct, at its own expense, an inspection and examination of the equipment responsible for causing the damage. The results are endorsed by the expert, the insurer and the owner of the equipment. The current MTPL rules allow the insurer to reduce the insurance compensation by refusal if part of the property was disposed of or repaired before the inspection.
P 1.11 rules OSAGO prescribes the mandatory drawing up of an insurance contract in electronic form and making changes to it within 5 days. To protect data, an electronic signature is used, which is an electronic key that has access within the Unified Identification Number. Notifications to the policyholder are sent by email or via notifications in your personal account. The new MTPL insurance rules allow, after concluding an electronic agreement, to receive a policy printed on a strict reporting form in the office.
Clause 5.1 contains information on the settlement of disputes between the beneficiary and the insurer. In case of violation of obligations or disagreement with the quality or timing of repairs, the amount of compensation or fulfillment of other obligations, the victim has the right to file a claim with a list of supporting documents. The time limit for consideration of a complaint is specified in Article 16.1 of the Federal Law “On Compulsory Insurance” .
Clause 33.1 regulates the possibility of early termination of an insurance contract, in which part of the insured amount is not returned. The procedure is carried out in cases of change of owner, false information received from the policyholder, revocation of a license and a number of other cases.
The latest changes included in clause 4.13 rules, allow the victim to conduct the examination independently before the visit of experts. It contains a list of documents that the victim must present if damage to his property is caused:
- property documents;
- expert opinion indicating damage and services for transportation costs for storage;
- evacuation of equipment and victims.
Download the new OSAGO rules
Car owners have the opportunity to download the document from the resource for free. Liberalization will be carried out in stages, and more accurate information will appear in the spring of this year. From 2020, the Central Bank of the Russian Federation will completely eliminate tariff regulation, providing only mandatory insurance risks for the calculation of compulsory motor liability insurance.