Let us recall that it was adopted by the State Duma on July 4, 2014, approved by the Federation Council of the Russian Federation on July 9, 2014, and signed by the President of Russia. The main amendments and all innovations come into force on October 1, 2014. Our online publication publishes the main changes that await drivers in connection with the adoption of the new law. “On compulsory civil liability insurance”, as well as. We also traditionally offer you answers to the most common questions that may arise from road users.
The main innovations are an increase in payments for damage resulting from road accidents . So, from October 1, 2014, the maximum payment limit will increase from 120,000 rubles to 400,000. Also, as of April 1, 2015, amendments to the law on compulsory motor insurance come into force, providing for an increase in payments to victims who suffered health damage. So, instead of the current maximum of 160,000 rubles, the payment will increase to 500,000 rubles.
Unfortunately, an increase in these payments is not a panacea, since for many insurance cases that have been recorded in recent years, these amounts will not cover all the costs of the victims. According to the insurance market regulator (Central Bank of the Russian Federation), the optimal maximum amount of payment for damage should be about 2 million rubles. But the Government cannot take this step, since in this case it would be a very large amount, which is not acceptable.
The second main innovation in the new 2014 OSAGO law is an increase in the maximum wear of car parts. Let us remind you that at the moment the maximum wear of parts that are taken into account when calculating the insurance payment is only 80 percent, which leads to a small payment in the event of an accident. Often the payment amount is not enough even for part of the car repair work. From now on, the maximum wear of parts that will be taken into account when calculating damage compensation will be 50 percent.
The third innovation is the indexation of the insurance premium rate that the driver pays to the insurance company . It is noteworthy that from now on annual indexation of the base is provided. Most likely, it awaits us every year. The minimum price increase will be at the rate of inflation. The only limitation that the new law provides is that an increase in the cost of the policy can occur no more than once a year and within the established price range. The basic tariff, minimum and maximum rates for the cost of the MTPL policy are established by the Central Bank of the Russian Federation.
“So already in the fall of this year we will see an increase in the base tariff by 25-28 percent. Let us remind you that at the moment the tariff without taking into account various coefficients and bonus-malus is 1980 rubles.”
The new one also increases the amount of damage resulting from an accident, which can be processed without the participation of State Traffic Inspectorate employees. Today, a simplified procedure for registering an accident (without the participation of the traffic police) is possible only if the damage does not exceed 25,000 rubles and no people were injured in the accident, and two cars are involved in the accident.
Starting in the fall, the damage limit for simplified registration of an accident will be increased to 50,000 rubles.
It is noteworthy that for some large cities an increased maximum amount of damage has been introduced, according to which an accident can be registered without the participation of traffic police officers. So, according to the law of July 21, 2014 N 223-FZ in the cities: , in the regions: and , it is allowed to register an accident without the participation of traffic police officers if the amount of property damage does not exceed 400,000 rubles. However, in order to qualify for payment, it is necessary that the accident be recorded with photo and video recording equipment, and the coordinates of the accident must be recorded using GPS or Glonass navigation.
Another innovation that will come into effect in the fall of 2014 is the ability to issue an MTPL policy electronically. From now on, any insurance company has the right to sell an electronic compulsory civil liability insurance policy. In this case, a paper policy is not issued, and information about the policyholder is entered into the unified information database of the RSA. However, it remains unclear how traffic police officers will check whether the owner has a car that is registered electronically.
In conclusion, we decided to answer the most common questions that may arise from all motorists without exception related to the entry into force of the new law on compulsory motor liability insurance.
Is the insurance payment subject to increase from October 1, 2014, if the insurance policy was purchased at the old rates?
According to the new law on compulsory civil liability insurance of vehicle owners, which comes into force on October 1, 2014, the maximum amount of payment provided for is valid under the conditions in force at the time of purchasing the MTPL policy. Therefore, if you purchased insurance before the new law came into force, then the provided maximum amount of damage will be that which was provided for by law at the time of purchasing the policy.
Will the maximum payment amount under the MTPL policy be indexed along with the tariff?
In accordance with the new federal law of July 21, 2014 N 223-FZ, in the case of tariff indexation by decision of the Central Bank of the Russian Federation, the maximum payment amount is not indexed. An increase in the maximum payment for damage can only occur by decision of the Central Bank and on the basis of amendments to this law, which must be adopted by the State Duma of the Russian Federation, approved by the Federation Council and signed by the Head of State.
How to file an accident without the participation of traffic police officers?
We offer a full excerpt from the new law on compulsory motor liability insurance, which provides for a comprehensive procedure for registering accidents according to a simplified scheme (without the participation of the State Traffic Inspectorate).
"Article 11 1. Registration of documents regarding a traffic accident without the participation of authorized police officers
1. The preparation of documents regarding a road traffic accident without the participation of authorized police officers is carried out in the manner established by the Bank of Russia, if the following circumstances simultaneously exist:
a) as a result of a traffic accident, damage was caused only to the vehicles specified in subparagraph “b” of this paragraph;
b) a traffic accident occurred as a result of the interaction (collision) of two vehicles (including vehicles with trailers), the civil liability of the owners of which is insured in accordance with this Federal Law;
c) the circumstances of harm in connection with damage to vehicles as a result of a road traffic accident, the nature and list of visible damage to vehicles do not cause disagreement among the participants in the road traffic accident and are recorded in the notification of the road traffic accident, the form of which is filled out by the drivers involved in the road traffic accident -transport accident of vehicles in accordance with the rules of compulsory insurance.
2. In case of registration of documents about a road traffic accident without the participation of authorized police officers, the form for notification of a road traffic accident, filled out in duplicate by the drivers of the vehicles involved in the road accident, is sent by these drivers to the insurers who have insured their civil liability within five working days from the date of the traffic accident. The victim sends to the insurer who insured his civil liability his copy of the jointly completed notification form about the road traffic accident along with an application for direct compensation for losses.
3. In case of registration of documents about a traffic accident without the participation of authorized police officers, the owners of vehicles involved in the traffic accident, at the request of the insurers specified in paragraph 2 of this article, are obliged to present the specified vehicles for inspection and (or) independent technical examination within five working days from the date of receipt of such a requirement.
To ensure the possibility of inspection and (or) independent technical examination of vehicles involved in a traffic accident, in the event of registration of documents on a traffic accident without the participation of authorized police officers, the owners of the specified vehicles without the consent in writing of the insurers specified in paragraph 2 of this article, must not begin their repair or disposal until the expiration of 15 calendar days, with the exception of non-working holidays, from the date of the traffic accident.
4. If documents regarding a road traffic accident are completed without the participation of authorized police officers, the amount of insurance payment due to the victim in compensation for damage caused to his vehicle cannot exceed 50 thousand rubles.
5. In case of registration of documents about a traffic accident that occurred in the territories of federal cities of Moscow, St. Petersburg, Moscow Region, Leningrad Region, without the participation of authorized police officers, the limitation on the amount of insurance payment provided for in paragraph 4 of this article does not apply and insurance payment is made to the victim within the limits of the insurance amount established by subparagraph "b" of Article 7 of this Federal Law, subject to the provision to the insurer of data on the circumstances of damage to the vehicle as a result of a traffic accident, which are recorded using technical means of control that ensure uncorrected registration of information (photo or video recording of vehicles and their damage at the scene of a traffic accident, as well as data recorded using navigation aids operating using GLONASS or GLONASS technologies in conjunction with other global satellite navigation systems).
6. In case of registration of documents about a road traffic accident without the participation of authorized police officers, the insurer must be provided with data on the circumstances of damage to the vehicle as a result of a road traffic accident, which are recorded using technical means of control that ensure uncorrected registration of information (photos or video recording of vehicles and their damage at the scene of a traffic accident, as well as data recorded using navigation aids operating using GLONASS or GLONASS technologies in conjunction with other global satellite navigation systems).
7. Requirements for technical means of control, the composition of information about a road accident and the procedure for submitting such information to the insurer, ensuring that the insurer receives uncorrected information about a road accident, are established by the Government of the Russian Federation.
8. A victim who has received an insurance payment on the basis of this article does not have the right to make additional claims to the insurer for compensation for damage caused to his vehicle as a result of a traffic accident, the documents for which are drawn up in accordance with this article.
The victim has the right to contact the insurer who insured the civil liability of the person who caused the harm, with a claim for compensation for harm that was caused to life or health, arose after the claim for insurance payment was made and about which the victim did not know at the time of the claim for compensation for the harm caused. his vehicle.";
Is the cost of an independent examination and damage assessment included in the total cost of damage?
Yes, according to the law on compulsory insurance, all costs associated with the examination and assessment of damage caused to the vehicle are subsequently included in the total amount of damage that is payable to the injured party.
What types of damages are provided by insurance companies?
An insurance organization can pay damages in the form of cash by crediting the amount to the victim's bank account or in the operating cash desk of the insurance company, or receive compensation in kind by repairing the car in a specialized car service center with which the insurance company has entered into a corresponding agreement.
Attention!!! The insurance company does not have the right to impose on you the type of compensation for damage. The injured party chooses how to receive compensation.
If the victim has expressed a desire to receive compensation in kind, then the insurer is obliged to send the car for repairs within 20 working days from the moment of receiving the corresponding application.
In what cases does the insurance company transfer the right of claim of the victim to the culprit of the accident for compensation for the damage caused?
If the culprit of the accident:
a) due to the intent of the said person, harm was caused to the life or health of the victim;
b) the harm was caused by the specified person while driving a vehicle while intoxicated (alcohol, drugs or other);
c) the said person did not have the right to drive the 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 compulsory insurance contract as a person allowed to drive a vehicle (when concluding a compulsory insurance contract with the condition that the vehicle is used only by the drivers specified in the compulsory insurance contract);
f) the insured event occurred when the specified person used a vehicle during a period not provided for by the compulsory insurance agreement (when concluding a compulsory insurance agreement with the condition of using the vehicle during the period provided for by the compulsory insurance agreement);
g) the specified person, in the case of processing documents about a road traffic accident without the participation of authorized police officers, did not send to the insurer that insured his civil liability a copy of the notification form about a road traffic accident completed together with the victim within five working days from the date of the road traffic accident transport accident;
h) before the expiration of 15 calendar days, with the exception of non-working holidays, from the date of the road traffic accident, the specified person, in the case of drawing up documents about the road traffic accident without the participation of authorized police officers, began to repair or dispose of the vehicle in which he was using damage was caused and (or) did not present the vehicle at the insurer’s request for inspection and (or) independent technical expertise;
i) at the time of the occurrence of the insured event, the validity period of the diagnostic card containing information on the compliance of the vehicle with the mandatory safety requirements of vehicles, passenger taxis, buses or trucks designed and equipped for the transportation of passengers with a number of seats of more than eight has expired (except driver's seat), a specialized vehicle designed and equipped for the transport of dangerous goods.
2. The insurer has the right to submit a recourse claim in the amount of the insurance payment made to the technical inspection operator who issued a diagnostic card containing information on the vehicle’s compliance with mandatory vehicle safety requirements, if the insured event occurred as a result of a malfunction of the vehicle and such a malfunction was identified or could have been identified at the time of the technical inspection by this technical inspection operator, but information about it was not included in the diagnostic card.
In what cases does an injured party have the right to seek compensation from their insurance company?
Current legislation provides for certain conditions when a victim can contact his insurance company to receive compensation for damage.
- No more than two vehicles were involved in the accident
- both participants in the accident must have a valid
Is it possible, in case of disagreement with the amount of payment, to immediately go to court to recover the required amount from the insurance company?
According to the new law on compulsory motor liability insurance, starting this fall, the owner of a vehicle who does not agree with the assessment of damage does not have the right to immediately file a claim with the judicial authorities. To do this, the victim must first submit an application for payment and wait for the decision of the insurance company. In case of disagreement with the amount of damage, the victim is obliged to submit appropriate claims to the insurer with a request to change the amount of damage. If in this case the insurance company refuses to pay the required amount, then the victim has the right to file a claim in court.
Previously, we have already considered the “global changes” that affected the Federal Law “On Compulsory Motor Liability Insurance” on September 1, 2014. In this article we will look at 2 more changes to this law, which in terms of their importance can be called revolutionary, since they were really highly anticipated and a long time ago.
Since the appearance of the Federal Law “On Compulsory Motor Liability Insurance” in 2002, many different events have occurred in our country that have played a good or bad role in the lives of citizens: inflation has grown, prices for food and non-food products have risen, pensions and fees for housing and communal services have increased. Along with these phenomena, there was also a gradual increase in the standard of living of many people who moved from their domestically produced iron horses to foreign cars, which differ significantly in their cost of ownership, including the cost of auto parts and the services of organizations that repair and maintain them. Despite this, the maximum “bar” for payment of insurance compensation to one victim under the Federal Law “On Compulsory Motor Liability Insurance” did not change and amounted to 120,000 rubles during the 12 years of the law’s validity. Moreover, if there were 2 or more victims, then all together they could count on a maximum of 160,000 rubles. Now this has come to an end...
The amendments coming into force on October 1, 2014 amend Art. 7 of the Federal Law “On Compulsory Motor Liability Insurance”, which has not undergone changes for a long time. From the beginning of October, the maximum amount of insurance compensation for damage caused to the victim’s property will increase sharply and amount to 400,000 rubles. At the same time, the clause establishing the amount of insurance compensation for the property of several victims is abolished. From now on, if several drivers get into an accident, 400,000 rubles. Every victim can apply. Such an amendment to the Federal Law “On Compulsory Motor Liability Insurance” will make it possible to avoid situations where any victim was left without payment of insurance compensation at all only because he did not have time to submit documents to the insurer on time, and this, as you understand, can be due to a number of reasons, for example health problems.
Changing the maximum amount of insurance compensation for damage caused to property has another pleasant feature. The fact is that all penalties provided for by the Federal Law “On Compulsory Motor Liability Insurance” are in one way or another related to the insured amount. For example, a penalty for failure by the insurer to provide a reasoned refusal to pay insurance compensation within the 20-day period established by law is limited only by the maximum amount of insurance compensation. 
Thus, it is extremely difficult to overestimate the real benefit of such minor (in terms of their scope) changes to the Federal Law “On Compulsory Motor Liability Insurance”, because they are really significant and were necessary for a long time, since the insurance amount established back in 2002 was clearly not enough for the normal restoration of the violated rights of many persons injured in road accidents who were not at fault.
Article 1
Introduce into the Federal Law of April 25, 2002 N 40-FZ “On compulsory insurance of civil liability of vehicle owners” (Collection of Legislation of the Russian Federation, 2002, N 18, Art. 1720; 2003, N 26, Art. 2566; 2005, N 1, Art. 25; N 30, Art. 3114; 2006, N 48, Art. 4942; 2007, N 1, Art. 29; N 49, Art. 6067; 2008, N 30, Art. 3616; N 52, Art. 6236; 2009, N 1, Art. 17; N 9, Art. 1045; N 52, Art. 6420, 6438; 2010, N 6, Art. 565; N 17, Art. 1988; 2011, N 1, Art. 4; N 7, Art. 901; N 27, Art. 3881; N 29, Art. 4291; N 49, Art. 7040; 2012, N 25, Art. 3268; N 31, Art. 4319, 4320; 2013, No. 19, Article 2331; No. 30, Article 4084) the following changes:
1) the preamble should be supplemented with the words ", as well as civil liability insurance of vehicle owners carried out on the territory of the Russian Federation within the framework of international systems of civil liability insurance of vehicle owners, of which a professional association of insurers operating in accordance with this Federal Law is a member (hereinafter referred to as the international systems insurance)";
2) in article 1:
a) paragraphs thirteen and fourteen should be stated as follows:
"compensation payments - payments that are made in accordance with this Federal Law in cases where the insurance payment under a compulsory insurance contract or compensation to the insurer that has made direct compensation for losses in accordance with an agreement on direct compensation for losses, concluded in accordance with Article 26 1 of this Federal Law by law, insurance payments cannot be made;
representative of the insurer in a constituent entity of the Russian Federation (hereinafter referred to as the insurer's representative) is a separate division of the insurer (branch) in a constituent entity of the Russian Federation, exercising, within the limits provided for by civil legislation, the powers of the insurer to consider claims of victims for insurance payments and (or) direct compensation for losses, as well as for their implementation, or another insurer who has joined the agreement on direct compensation for losses and exercises, on the basis of an agreement concluded with the insurer, the powers to consider the claims of victims for insurance payments and to carry them out on behalf and at the expense of the insurer that insured the civil liability of the person who caused the harm, and (or) powers to consider claims for direct compensation of losses and to make payments on behalf and at the expense of the insurer that insured the civil liability of the victim;";
b) add paragraphs with the following content:
“referral for repair - a document confirming the right of the victim to have his vehicle repaired at a service station selected by the victim in agreement with the insurer from among the service stations with which the insurer has entered into agreements establishing the obligation of the service station to carry out restoration repairs of the victim’s vehicle and the insurer's obligation to pay for such repairs against the insurance claim;
settlement of claims arising in connection with insurance within the framework of international insurance systems - consideration of claims of victims, national associations of insurance organizations of other countries and other participants in international insurance systems for insurance compensation for damage caused as a result of road accidents by vehicle owners whose liability is insured in within the framework of international insurance systems, and, if as a result of such consideration a decision on refusal is not made, insurance payment, as well as reimbursement of expenses to the person or persons who, in accordance with this Federal Law, the requirements of international insurance systems, and the rules of professional activity of a professional association of insurers, this insurance payment.";
3) in article 4:
a) in paragraph 3:
in subparagraph "d" the words "civil liability of vehicle owners, the member of which is a professional association of insurers operating in accordance with this Federal Law (hereinafter referred to as international insurance systems)" shall be deleted;
add subparagraph "e" with the following content:
"e) vehicles that do not have wheeled propulsion systems (vehicles in the design of which tracked, half-tracked, sled and other non-wheeled propulsion systems are used), and trailers for them.";
b) paragraph one of paragraph 6 should be supplemented with the following sentence: “In this case, harm caused to the life or health of victims is subject to compensation in amounts not less than the amounts determined in accordance with Article 12 of this Federal Law, and according to the rules of this article.”;
c) add paragraph 7 with the following content:
"7. The obligation to insure the civil liability of owners of trailers for vehicles, with the exception of trailers for passenger cars belonging to citizens, is fulfilled by concluding a compulsory insurance agreement, which provides for the possibility of driving a vehicle with a trailer attached to it, information about which is entered into the compulsory insurance insurance policy. ";
4) subparagraph “d” of paragraph 2 of Article 5 after the word “indemnification” is supplemented with the word “insurer”;
5) subparagraph "l" of paragraph 2 of Article 6 is declared invalid;
6) in article 7:
a) in subparagraph “a” the words “no more than 160 thousand rubles” should be replaced with the words “500 thousand rubles”;
b) in subparagraph “b” the words “several victims, no more than 160 thousand rubles” should be replaced with the words “each victim, 400 thousand rubles”;
c) subparagraph “c” is declared invalid;
7) Article 8 should be stated as follows:
"Article 8. Regulation of insurance rates for compulsory insurance
1. Regulation of insurance tariffs for compulsory insurance is carried out through the establishment by the Bank of Russia, in accordance with this Federal Law, of actuarially (economically) justified maximum amounts of basic rates of insurance tariffs (their minimum and maximum values, expressed in rubles) and coefficients of insurance tariffs, requirements for the structure of insurance tariffs, as well as the procedure for their application by insurers when determining the insurance premium under a compulsory insurance agreement.
The share of the insurance premium directly intended for insurance and compensation payments cannot be less than 80 percent of the insurance premium.
2. Insurance rates for compulsory insurance and the structure of insurance rates are determined by insurers taking into account the requirements established by the Bank of Russia in accordance with paragraph 1 of this article.
3. The validity period of the established insurance rates cannot be less than one year.
A change in insurance rates does not entail a change in the insurance premium paid by the policyholder at the insurance rates in effect at the time of payment under the compulsory insurance contract during its validity period. If, in accordance with the rules of compulsory insurance, the insurer has the right to require the policyholder to pay an additional insurance premium in proportion to the increase in risk, the amount of the additional insurance premium to be paid is determined according to the insurance rates in force at the time of its payment.
4. Full or partial compensation to certain categories of policyholders for insurance premiums paid or payable by them by increasing insurance rates for other categories of policyholders is not allowed.
5. Annual statistical data on compulsory insurance, including data on the amount of insurance premiums collected and on insurance payments made, on the number of reported and settled insurance cases, on the level of insurance payments in the Russian Federation and on the constituent entities of the Russian Federation, as well as on the level of loss ratios of compulsory insurance subject to official publication by the Bank of Russia.";
8) in article 9:
a) in paragraph one of clause 1, replace the words “as the product of base rates and insurance rate coefficients” with the words “by insurers as the product of base rates and insurance rate coefficients in accordance with the procedure for insurers to apply insurance rates for compulsory insurance when determining the insurance premium under a compulsory insurance contract, established by the Bank of Russia in accordance with Article 8 of this Federal Law";
b) in paragraph 2:
in subparagraph "a" the words "for legal entities - at the place of registration of the vehicle" are replaced with the words "for legal entities, their branches or representative offices - at the location of the legal entity, its branch or representative office, specified in the constituent document of the legal entity";
add subparagraph "in 1" with the following content:
"c 1) the presence in the compulsory insurance contract of a condition providing for the possibility of driving a vehicle with a trailer to it;";
c) in paragraph 5, replace the words “base rates and odds” with the words “base rates and (or) odds”;
"6. Insurers do not have the right to apply base rates, insurance rate coefficients, or the structure of insurance rates that do not comply with the requirements established by the Bank of Russia in accordance with Article 8 of this Federal Law. Insurance rates established in accordance with this Federal Law are mandatory for use by insurers in relation to each the policyholder.
Control over the correctness of insurers’ calculation of insurance premiums under compulsory insurance contracts is carried out by the Bank of Russia.”;
9) Article 10 shall be supplemented with paragraph 4 as follows:
"4. In case of early termination of a compulsory insurance contract in cases provided for by the rules of compulsory insurance, the insurer returns to the policyholder part of the insurance premium in the amount of the share of the insurance premium intended for making insurance payments and falling on the unexpired term of the compulsory insurance contract or the unexpired period of seasonal use of the vehicle ";
10) in article 11:
a) paragraph 3 shall be supplemented with the words “and within the time limits established by the rules of compulsory insurance, send to the insurer an application for insurance payment and documents provided for by the rules of compulsory insurance”;
b) paragraph 4 should be stated as follows:
"4. In the event of harm to the life of a victim as a result of a road traffic accident, the provisions of this Federal Law concerning victims shall apply to persons who, in accordance with this Federal Law, have the right to compensation for harm in the event of the death of the victim (beneficiaries).";
c) in paragraph 5, the words “provided for in paragraph 8 of this article” should be replaced with the words “provided for in Article 11 1 of this Federal Law”;
d) paragraphs 8 - 11 are declared invalid;
11) add Article 11 1 with the following content:
"Article 11 1. Registration of documents regarding a traffic accident without the participation of authorized police officers
1. The preparation of documents regarding a road traffic accident without the participation of authorized police officers is carried out in the manner established by the Bank of Russia, if the following circumstances exist simultaneously:
b) a traffic accident occurred as a result of the interaction (collision) of two vehicles (including vehicles with trailers), the civil liability of the owners of which is insured in accordance with this Federal Law;
c) the circumstances of harm in connection with damage to vehicles as a result of a road traffic accident, the nature and list of visible damage to vehicles do not cause disagreement among the participants in the road traffic accident and are recorded in the notification of the road traffic accident, the form of which is filled out by the drivers involved in the road traffic accident -transport accident of vehicles in accordance with the rules of compulsory insurance.
2. In case of registration of documents about a road traffic accident without the participation of authorized police officers, the notification form for a road traffic accident, filled out in duplicate by the drivers of the vehicles involved in the road accident, is sent by these drivers to the insurers who insure their civil liability, within five working days from the date of the traffic accident. The victim sends to the insurer who insured his civil liability his copy of the jointly completed notification form about the road traffic accident along with an application for direct compensation for losses.
3. In case of registration of documents about a road traffic accident without the participation of authorized police officers, the owners of vehicles involved in the road traffic accident, at the request of the insurers specified in paragraph 2 of this article, are obliged to present the specified vehicles for inspection and ( or) an independent technical examination within five working days from the date of receipt of such a requirement.
To ensure the possibility of inspection and (or) independent technical examination of vehicles involved in a traffic accident, in the event of registration of documents on a traffic accident without the participation of authorized police officers, the owners of the specified vehicles without the consent in writing of the insurers specified in paragraph 2 of this article, must not begin their repair or disposal until the expiration of 15 calendar days, with the exception of non-working holidays, from the date of the traffic accident.
4. In case of registration of documents about a road accident without the participation of authorized police officers, the amount of insurance payment due to the victim in compensation for damage caused to his vehicle cannot exceed 50 thousand rubles.
5. In the case of registration of documents about a road traffic accident that occurred in the territories of federal cities of Moscow, St. Petersburg, Moscow Region, Leningrad Region, without the participation of authorized police officers, the limitation on the amount of insurance payment provided for in paragraph 4 of this article is not applies and the insurance payment is made to the victim within the limits of the insurance amount established by subparagraph "b" of Article 7 of this Federal Law, subject to the provision to the insurer of data on the circumstances of damage to the vehicle as a result of a traffic accident, which are recorded using technical means of control that ensure uncorrectable registration of information (photo or video recording of vehicles and their damage at the scene of a traffic accident, as well as data recorded using navigation aids operating using GLONASS or GLONASS technologies in conjunction with other global satellite navigation systems).
6. In case of registration of documents about a road traffic accident without the participation of authorized police officers, the insurer must be provided with data on the circumstances of damage to the vehicle as a result of a road traffic accident, which are recorded using technical means of control that ensure uncorrected registration of information (photo - or video recording of vehicles and their damage at the scene of a traffic accident, as well as data recorded using navigation aids operating using GLONASS or GLONASS technologies in conjunction with other global satellite navigation systems).
7. Requirements for technical means of control, the composition of information about a road accident and the procedure for submitting such information to the insurer, ensuring that the insurer receives uncorrected information about a road accident, are established by the Government of the Russian Federation.
8. A victim who has received an insurance payment on the basis of this article does not have the right to make additional claims to the insurer for compensation for damage caused to his vehicle as a result of a traffic accident, the documents for which are drawn up in accordance with this article.
The victim has the right to contact the insurer who insured the civil liability of the person who caused the harm, with a claim for compensation for harm that was caused to life or health, arose after the claim for insurance payment was made and about which the victim did not know at the time of the claim for compensation for the harm caused. his vehicle.";
12) Article 12 should be stated as follows:
"Article 12. Determination of the amount of insurance payment and the procedure for its implementation
1. The victim has the right to present to the insurer a claim for compensation for damage caused to his life, health or property when using a vehicle, within the limits of the insured amount established by this Federal Law, by submitting to the insurer an application for insurance payment or direct compensation for losses and documents provided for by the rules of mandatory insurance.
An application for insurance payment in connection with harm to the life or health of the victim is sent to the insurer that insured the civil liability of the person who caused the harm. An application for insurance payment in connection with damage to the property of the victim is sent to the insurer that insured the civil liability of the person who caused the harm, and in the cases provided for in paragraph 1 of Article 14 1 of this Federal Law, an application for direct compensation for losses is sent to the insurer that insured the civil liability of the victim.
An application from a victim containing a claim for insurance payment or direct compensation for losses in connection with damage to his life, health or property when using a vehicle, with attached documents provided for by the rules of compulsory insurance, is sent to the insurer at the location of the insurer or a representative of the insurer authorized by the insurer to consideration of the specified claims of the victim and the implementation of insurance payments or direct compensation for losses.
The location and postal addresses of the insurer, as well as all representatives of the insurer, means of communication with them and information about their working hours must be indicated in the list of representatives of the insurer, which is an appendix to the insurance policy.
If there are insufficient documents confirming the occurrence of an insured event and the amount of damage to be compensated by the 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 report this victim, indicating a complete list of missing and (or) incorrectly completed documents.
The exchange of necessary documents on insurance payment to check their completeness, at the request of the victim, can be carried out in electronic form, which does not exempt the victim from submitting documents in writing to the insurer about the insurance payment at the location of the insurer or the insurer's representative. The insurer is obliged to ensure that the applicant's appeal sent in the form of an electronic document is considered and a response is sent to him within the period agreed upon by the applicant with the insurer, but no later than three working days from the date of receipt of the said appeal.
The insurer has no right to demand from the victim the submission of documents not provided for by the rules of compulsory insurance.
2. The insurance payment due to the victim for causing harm to his health as a result of a road traffic accident is carried out in accordance with this Federal Law to compensate for the costs associated with restoring the health of the victim and his lost earnings (income) in connection with the harm to health as a result of a traffic accident.
Insurance payment for personal injury in terms of reimbursement of necessary expenses for restoring the victim’s health is carried out by the insurer on the basis of documents issued by authorized police officers and confirming the fact of a road traffic accident, and medical documents provided by medical organizations that provided medical assistance to the victim in connection with with the insured event, indicating the nature and extent of damage to the victim’s health. The amount of insurance payment in terms of compensation for the necessary expenses for restoring the victim’s health is determined in accordance with the standards and in the manner established by the Government of the Russian Federation, depending on the nature and extent of damage to the victim’s health within the limits of the insurance amount established by subparagraph “a” of Article 7 of this Federal Law law.
Information about the insurance policy number and the name of the insurer who insured the civil liability of the owner of the vehicle at fault in a traffic accident is provided to the pedestrian injured in such a traffic accident, or his representative on the day of contacting the police department, whose employees drew up documents about such traffic accident.
3. After making an insurance payment to the victim for causing harm to his health in accordance with paragraph 2 of this article, the insurer additionally makes an insurance payment in the following case:
a) if, based on the results of a medical examination or research carried out, including by forensic medical examination institutions, in proceedings on an administrative offense, in criminal proceedings, as well as on the appeal of the victim, it is established that the nature and degree of damage to the victim’s health corresponds to a larger amount insurance payment than was initially determined on the basis of the standards established by the Government of the Russian Federation. The size of the additional insurance payment is determined by the insurer as the difference between the amount to be paid corresponding to the established nature of damage to the victim’s health according to the expert opinion submitted by him, and the insurance payment previously made in accordance with paragraph 2 of this article for causing harm to the victim’s health;
b) if, as a result of harm caused to the health of the victim as a result of a road traffic accident, based on the results of a medical and social examination, the victim is assigned a disability group or the category “disabled child”. The size of the additional insurance payment is determined by the insurer as the difference between the amount to be paid corresponding to the disability group or the “disabled child” category indicated in the conclusion of the medical and social examination according to the standards established by the Government of the Russian Federation, and the amount previously paid in accordance with paragraph 2 of this article of the insurance payment for causing harm to the health of the victim.
4. In the event that additional expenses incurred by the victim for treatment and restoration of the victim’s health damaged as a result of a traffic accident (expenses for medical rehabilitation, purchase of medications, prosthetics, orthotics, outside care, sanatorium treatment and other expenses) and lost victims in connection with harm to their health as a result of a road traffic accident, earnings (income) exceeded the amount of insurance payment made to the victim in accordance with paragraphs 2 and 3 of this article, the insurer shall reimburse these expenses and lost earnings (income) upon confirmation that the victim needed these types of assistance, as well as with documentary evidence of the amount of lost earnings (income) that the victim had or could definitely have at the time of the insured event. The amount of the insurance payment made in accordance with this paragraph is determined by the insurer as the difference between the lost earnings (income) of the victim, as well as additional expenses confirmed by documents provided for by the rules of compulsory insurance, and the total amount of the insurance payment made in accordance with paragraphs 2 and 3 of this article for causing harm to the health of the victim.
5. Insurance payment in terms of compensation for lost earnings (income) by the victim is made at a time or in another manner established by the rules of compulsory insurance.
The total amount of insurance payment for causing harm to the health of the victim, made in accordance with paragraphs 2 - 4 of this article, cannot exceed the insurance amount established by subparagraph "a" of Article 7 of this Federal Law.
Insurance payment for causing harm to the health of the victim is made to the victim or to persons who are representatives of the victim and whose authority to receive insurance payment is duly certified.
6. In the event of the death of the victim, the right to compensation for harm has the right, in accordance with civil law, to compensation for harm in the event of the death of the breadwinner; in the absence of such persons - the spouse, parents, children of the victim, citizens who depended on the victim, if he had no independent income (beneficiaries).
7. The amount of insurance payment for causing harm to the life of the victim is:
475 thousand rubles - to the beneficiaries specified in paragraph 6 of this article;
no more than 25 thousand rubles for reimbursement of funeral expenses - to persons who incurred such expenses.
8. The insurer, within 15 calendar days, with the exception of non-working holidays, from the date of acceptance of the first application for insurance payment in terms of compensation for harm caused to the life of the victim as a result of an insured event, accepts applications for insurance payment and documents provided for by the rules of compulsory insurance from other beneficiaries . Within five calendar days, with the exception of non-working holidays, after the end of the specified period for accepting applications from persons entitled to compensation for damage in the event of the death of the victim, the insurer makes an insurance payment.
The insurance payment, the amount of which is established by paragraph two of clause 7 of this article, is distributed equally among persons entitled to compensation for damage in the event of the death of the victim. Insurance payment in terms of compensation for damage caused to the life of the victim is made at a time.
A person who has the right to compensation for damage in the event of the death of a victim as a result of an insured event and who has submitted a claim to the insurer for an insurance payment after the insurance payment for this insured event has been distributed among persons entitled to compensation for damage in the event of the death of a victim, has the right to demand from these persons return the part of the insurance payment due in accordance with this Federal Law or demand payment of compensation for damage from the person who caused harm to the life of the victim as a result of this insured event, in accordance with civil law.
9. The victim or beneficiary is obliged to provide the insurer with all documents and evidence, as well as provide all information known to him confirming the scope and nature of the harm caused to the life or health of the victim.
10. In case of damage to property, in order to clarify the circumstances of the damage and determine the amount of losses to be compensated by the insurer, the victim intends to exercise his right to insurance payment or direct compensation for losses, within five working days from the date of filing the application for insurance payment and the attached documents in accordance with the rules of compulsory insurance of documents, he is obliged to present the damaged vehicle or its remains for inspection and (or) independent technical examination, carried out in the manner established by Article 12 1 of this Federal Law, other property for inspection and (or) independent examination (assessment), carried out in the manner established by the legislation of the Russian Federation, taking into account the specifics established by this Federal Law.
If the inspection and (or) independent technical examination, independent examination (assessment) of the damaged vehicle, other property or its remains presented by the victim does not allow reliably establishing the existence of an insured event and determining the amount of losses subject to compensation under the compulsory insurance contract, to determine of these circumstances, the insurer, within 10 working days from the moment the victim submits an application for insurance payment, has the right to inspect the vehicle, during the use of which damage was caused to the victim’s property, and (or) at its own expense, organize and pay for an independent technical examination in relation to this vehicle in in the manner established by Article 12 1 of this Federal Law. The owner of the vehicle, during the use of which the property of the victim was damaged, is obliged to present this vehicle at the request of the insurer.
In the event that the nature of the damage or the characteristics of the damaged vehicle or other property exclude its presentation for inspection and independent technical examination, independent examination (assessment) at the location of the insurer and (or) expert (for example, damage to the vehicle that excludes its participation in the road movement), this is indicated in the application and the specified inspection and independent technical examination, independent examination (assessment) are carried out at the location of the damaged property within a period of no more than five working days from the date of filing the application for insurance payment and attached to it in accordance with the rules compulsory insurance of documents.
11. The insurer is obliged to inspect the damaged vehicle, other property or its remains and (or) organize their independent technical examination, independent examination (assessment) within a period of no more than five working days from the date the victim presented the damaged property for inspection and familiarize the victim with the results inspection and independent technical examination, independent examination (assessment), unless another period is agreed upon by the insurer with the victim. An independent technical examination or an independent examination (assessment) is organized by the insurer if contradictions are discovered between the victim and the insurer regarding the nature and list of visible damage to property and (or) the circumstances of harm in connection with damage to property as a result of a road traffic accident.
If the victim fails to provide the damaged property or its remains for inspection and (or) independent technical examination, independent examination (assessment) on the date agreed with the insurer, the insurer agrees with the victim a new date for inspection and (or) independent technical examination, independent examination (assessment) of the damaged property. property or its remains. Moreover, if the victim fails to fulfill the obligation established by paragraphs 10 and 13 of this article to present the damaged property or its remains for inspection and (or) independent technical expertise, independent examination (assessment), the deadline for the insurer to make a decision on insurance payment, determined in accordance with paragraph 21 of this article, may be extended for a period not exceeding the number of days between the date the victim presented the damaged property or its remains and the date of inspection and (or) independent technical examination, independent examination (assessment) agreed upon with the victim, but not more than 20 calendar days, excluding non-working holidays.
The compulsory insurance contract may provide for other periods during which the insurer is obliged to arrive for inspection and (or) independent technical examination, independent examination (assessment) of damaged property or its remains, if they are carried out in hard-to-reach, remote or sparsely populated areas.
12. If, based on the results of an inspection of the damaged property or its remains by the insurer, the insurer and the victim agreed on the amount of the insurance payment and do not insist on organizing an independent technical examination or an independent examination (assessment) of the damaged property or its remains, the examination is not carried out.
13. If, after an inspection of the damaged property or its remains by the insurer, the insurer and the victim have not reached agreement on the amount of the insurance payment, the insurer is obliged to organize an independent technical examination, an independent examination (assessment), and the victim is obliged to present the damaged property or its remains for an independent technical examination , independent examination (assessment).
If the insurer has not inspected the damaged property or its remains and (or) has not organized an independent technical examination, an independent examination (assessment) of the damaged property or its remains within the period established by paragraph 11 of this article, the victim has the right to apply independently for a technical examination or examination (assessment). In this case, the results of an independent technical examination or independent examination (assessment) independently organized by the victim are accepted by the insurer to determine the amount of the insurance payment.
14. The cost of an independent technical examination, an independent examination (assessment), on the basis of which insurance payment is made, is included in the losses subject to compensation by the insurer under a compulsory insurance contract.
15. Compensation for damage caused to the victim’s vehicle may be carried out:
by organizing and paying for the restoration of the damaged vehicle of the victim at a service station, which was chosen by the victim in agreement with the insurer in accordance with the rules of compulsory insurance and with which the insurer concluded an agreement (compensation for damage caused in kind);
by issuing the amount of the insurance payment to the victim (beneficiary) at the insurer's cash desk or transferring the amount of the insurance payment to the bank account of the victim (beneficiary) (cash or non-cash payment).
If the insurer has entered into an agreement with a service station, the choice of the method of compensation for damage is made by the victim.
16. Compensation for damage caused to the victim’s property other than a vehicle is carried out in the manner established by paragraph three of paragraph 15 of this article.
17. In case of fulfillment of the insurer’s obligation to organize and pay for the restoration repair of the vehicle in the manner established by paragraph two of paragraph 15 of this article, the victim in the application for insurance payment or direct compensation for losses indicates compensation for damage caused to his vehicle in kind, and also agrees to a possible increase in the time required for restoration of the vehicle due to objective circumstances, including repair technology and the availability of components (parts, assemblies and assemblies).
Within 20 calendar days, with the exception of non-working holidays, from the date of receipt of the application for insurance payment containing an indication of compensation for damage caused to the vehicle in kind, the insurer issues a referral to the victim for repairs, which indicates the service station where the his vehicle has been repaired and by which the insurer will pay for the restoration repairs of the victim’s vehicle.
The victim has the right to choose a service station from the list of service stations proposed by the insurer with which the insurer has entered into contracts. The list of service stations with which the insurer has entered into contracts is posted by the insurer on its official website on the Internet and is kept up to date.
The procedure for resolving issues related to identified hidden damage to a vehicle caused by an insured event is determined by the service station in agreement with the insurer and the victim and is indicated by the service station when accepting the victim’s vehicle for repair or in another document issued to the victim.
The procedure for resolving issues of payment for repairs not related to the insured event is determined by the service station in agreement with the victim and is indicated by the service station in the document issued to the victim upon acceptance of the vehicle for repair.
In the direction for repairs, the insurer indicates the possible amount of additional payment made to the service station by the victims for restoration repairs on the basis of the second paragraph of paragraph 19 of this article.
The insurer's obligations to organize and pay for the restoration repair of the victim's vehicle, accepted by it on the basis of the second paragraph of paragraph 15 of this article, are considered to be fulfilled by the insurer properly from the moment the victim receives the repaired vehicle.
Responsibility for the failure of the service station to comply with the deadline for transferring the repaired vehicle to the victim, as well as for violation of other obligations for the restoration of the victim’s vehicle, lies with the insurer who issued the referral for repair.
The provisions of this Federal Law relating to the implementation of insurance payment apply to the fulfillment of the insurer’s obligation to compensate for damage caused to the victim’s vehicle in the manner established by paragraph two of clause 15 of this article, unless otherwise provided for by this Federal Law and does not follow from the essence of such relations.
18. The amount of losses to be compensated by the insurer in case 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 minus the value of the usable remains. Total loss refers to cases in which repair of damaged property is impossible or the cost of repairing damaged property is equal to the value of the property on the date of the insured event or exceeds the specified value;
b) in the event of damage to the property of the victim - in the amount of expenses necessary to bring the property to the condition in which it was before the occurrence of the insured event.
19. The expenses specified in subparagraph "b" of paragraph 18 of this article also include expenses for materials and spare parts necessary for restoration repairs, expenses for payment for work associated with such repairs.
The amount of expenses for spare parts (including in the case of compensation for damage caused in the manner provided for in paragraph two of clause 15 of this article) is determined taking into account the wear and tear of components (parts, assemblies and assemblies) to be replaced during restoration repairs. At the same time, depreciation of more than 50 percent of their value cannot be charged on the specified components (parts, assemblies and assemblies).
The amount of expenses for materials and spare parts necessary for the restoration repair of a vehicle, expenses for payment for work associated with such repairs and the cost of usable remains are determined in the manner established by the Bank of Russia.
20. The insurer denies the victim an insurance payment or part thereof if the repair of damaged property or disposal of its remains, carried out before the inspection by the insurer and (or) an independent technical examination, independent examination (assessment) of the damaged property in accordance with the requirements of this article, does not allow reliably establish the existence of an insured event and the amount of losses subject to compensation under a compulsory insurance agreement.
21. Within 20 calendar days, with the exception of non-working holidays, from the date of acceptance for consideration of the victim’s application for insurance payment or direct compensation for losses and the documents attached to it, provided for by the rules of compulsory insurance, the insurer is obliged to make an insurance payment to the victim or issue him a referral for repair of the vehicle indicating the repair period or send the victim a reasoned refusal of insurance payment.
If the deadline for making an insurance payment or compensation for damage caused in kind is not met, the insurer, for each day of delay, pays the victim a penalty (penalty) in the amount of one percent of the amount of insurance payment determined in accordance with this Federal Law by the type of harm caused to each victim.
If the deadline for sending a reasoned refusal of insurance payment to the victim is not met, the insurer, for each day of delay, pays the victim money in the form of a financial sanction in the amount of 0.05 percent of the insurance amount established by this Federal Law for the type of harm caused to each victim.
The penalty (fine) or the amount of a financial sanction provided for in this paragraph in case of failure to comply with the deadline for making an insurance payment or the deadline for sending a reasoned refusal of an insurance payment to the victim is paid to the victim on the basis of an application submitted by him for the payment of such a penalty (fine) or the amount of such a financial sanction, which indicates the form payment (cash or non-cash), as well as bank details for which such a penalty (fine) or the amount of such financial sanction must be paid if the victim chooses a non-cash form of payment, while the insurer does not have the right to require additional documents for their payment.
Control over insurers' compliance with the procedure for making insurance payments is carried out by the Bank of Russia. If the insurer fails to comply with the deadline for making an insurance payment or sends a reasoned refusal, the Bank of Russia issues an order to the insurer on the need to fulfill the obligations established by this article.
Until the full determination of the amount of damage subject to compensation under a compulsory insurance contract, the insurer, at the request of the victim, has the right to make a part of the insurance payment corresponding to the actually determined part of the specified damage.
22. If all participants in a traffic accident are found responsible for the damage caused, insurers make insurance payments to compensate for damage caused as a result of such a traffic accident, taking into account the degree of guilt established by the court of the persons whose civil liability they insured.
Insurers make an insurance payment to compensate for damage caused to the victim by several persons, in proportion to the degree of guilt established by the court of the persons whose civil liability they insure. In this case, the victim has the right to submit a claim for insurance compensation for the harm caused to him to any of the insurers that insured the civil liability of the persons who caused the harm.
An insurer that has compensated for damage jointly caused by several persons has the right of recourse provided for by civil law.
If the degree of guilt of the participants in a traffic accident is not established by the court, the insurers that insure their civil liability bear the obligation established by this Federal Law to compensate for damage caused as a result of such a traffic accident in equal shares.
23. A person who has compensated the victim for damage caused as a result of an insured event has the right to claim against the insurer that insured the civil liability of the victim in the amount determined in accordance with this Federal Law, within the amount paid. The implementation of the transferred right of claim is carried out in accordance with the legislation of the Russian Federation in compliance with the provisions of this Federal Law governing the relationship between the victim and the insurer.
An amount in the amount of the part of the claim that remains unsatisfied in accordance with this Federal Law may be recovered from the person who caused the harm.
24. By analogy, the rules established by this Federal Law for relations between the victim and the insurer regarding the implementation of insurance payments are applied to the relationship between the victim and the insurer regarding the implementation of direct compensation for losses. The relevant provisions apply to the extent that otherwise is not provided for by this Federal Law and does not follow from the essence of such relations.
25. The insurer is released from the obligation to make an insurance payment in cases provided for by law and (or) the compulsory insurance agreement. The cases provided for in paragraphs 1 and 2 of Article 14 of this Federal Law cannot be grounds for the insurer to refuse insurance payment or to delay its implementation.";
13) add Article 12 1 with the following content:
"Article 12 1. Independent technical examination of the vehicle
1. In order to establish the circumstances of damage to the vehicle, establish damage to the vehicle and their causes, technology, methods and cost of its restoration, an independent technical examination is carried out.
2. An independent technical examination is carried out according to the rules approved by the Bank of Russia.
3. An independent technical examination is carried out using a unified methodology for determining the amount of costs for restoration repairs in relation to a damaged vehicle, which is approved by the Bank of Russia and contains, in particular:
a) the procedure for calculating the amount of expenses for materials, spare parts, payment for work related to restoration repairs;
b) the procedure for calculating the amount of wear of components (parts, assemblies, assemblies) to be replaced, including the range of components (parts, assemblies, assemblies), for which a zero wear value is set when calculating the amount of costs for restoration repairs;
c) the procedure for calculating the cost of usable remains in the event of a complete loss of the vehicle;
d) reference data on the average annual mileage of vehicles;
e) the procedure for the formation and approval of directories of the average cost of spare parts, materials and standard hours of work when determining the amount of costs for restoration repairs in relation to a damaged vehicle, taking into account the established boundaries of regional commodity markets (economic regions).
4. An independent technical examination of vehicles is carried out by an expert technician or an expert organization with at least one expert technician on staff.
Requirements for expert technicians, including requirements for their professional certification, grounds for its cancellation, and the procedure for maintaining the state register of expert technicians are established by the federal executive body authorized by the Government of the Russian Federation.
5. Expert technicians are responsible for the unreliability of the results of their independent technical examination of vehicles. Losses caused by an expert technician as a result of the presentation of unreliable results of an independent technical examination are subject to compensation by the expert technician in full.
6. A forensic examination of a vehicle, appointed in accordance with the legislation of the Russian Federation in order to determine the amount of insurance payment to the victim and (or) the cost of restoration repairs of the vehicle under a compulsory insurance contract, is carried out in accordance with a unified methodology for determining the amount of costs for restoration repairs in relation to damaged vehicle, approved by the Bank of Russia, and taking into account the provisions of this article.";
14) Article 13 is declared invalid;
15) Article 14 should be stated as follows:
"Article 14. The right of recourse of the insurer to the person who caused the harm
1. The insurer that paid the insurance compensation shall transfer the right of claim of the victim against the person who caused the harm in the amount of the insurance payment made to the victim, if:
a) due to the intent of the said person, harm was caused to the life or health of the victim;
b) the harm was caused by the specified person while driving a vehicle while intoxicated (alcohol, drugs or other);
c) the said person did not have the right to drive the 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 compulsory insurance contract as a person allowed to drive a vehicle (when concluding a compulsory insurance contract with the condition that the vehicle is used only by the drivers specified in the compulsory insurance contract);
f) the insured event occurred when the specified person used a vehicle during a period not provided for by the compulsory insurance agreement (when concluding a compulsory insurance agreement with the condition of using the vehicle during the period provided for by the compulsory insurance agreement);
g) the specified person, in the case of processing documents about a road traffic accident without the participation of authorized police officers, did not send to the insurer that insured his civil liability a copy of the notification form about a road traffic accident completed together with the victim within five working days from the date of the road traffic accident transport accident;
h) before the expiration of 15 calendar days, with the exception of non-working holidays, from the date of the road traffic accident, the specified person, in the case of drawing up documents about the road traffic accident without the participation of authorized police officers, began to repair or dispose of the vehicle in which he was using damage was caused and (or) did not present the vehicle at the insurer’s request for inspection and (or) independent technical expertise;
i) at the time of the occurrence of the insured event, the validity period of the diagnostic card containing information on the compliance of the vehicle with the mandatory safety requirements of vehicles, passenger taxis, buses or trucks designed and equipped for the transportation of passengers with a number of seats of more than eight has expired (except driver's seat), a specialized vehicle designed and equipped for the transport of dangerous goods.
2. The insurer has the right to submit a recourse claim in the amount of the insurance payment made to the technical inspection operator who issued a diagnostic card containing information on the vehicle’s compliance with mandatory vehicle safety requirements, if the insured event occurred as a result of a malfunction of the vehicle and such a malfunction was identified or could have been identified at the time of the technical inspection by this technical inspection operator, but information about it was not included in the diagnostic card.
3. The insurer has the right to demand from the persons specified in paragraphs 1 and 2 of this article compensation for expenses incurred during the consideration of the insured event.
4. The provisions of this article apply to cases of compensation for damage caused to the property of a victim as a result of a traffic accident by the insurer who insured his civil liability, taking into account the specifics established by Article 14 1 of this Federal Law.";
16) in article 14 1:
"1. The victim makes a claim for compensation for damage caused to his property to the insurer who insured the civil liability of the victim, if the following circumstances exist simultaneously:
a) as a result of a traffic accident, damage was caused only to the vehicles specified in subparagraph “b” of this paragraph;
b) a traffic accident occurred as a result of the interaction (collision) of two vehicles (including vehicles with trailers), the civil liability of the owners of which is insured in accordance with this Federal Law.";
b) in paragraph 3, the words “for compensation for harm caused to life or health that arose after the filing of a claim for insurance payment” should be replaced with the words “for compensation for harm caused to life or health that arose after the filing of a claim for direct compensation for losses”;
c) paragraph 4 should be stated as follows:
"4. The insurer that insured the civil liability of the victim shall compensate for damage caused to the property of the victim on behalf of the insurer that insured the civil liability of the person who caused the harm (carries out direct compensation for losses), in accordance with the agreement on direct compensation for losses in the amount determined in accordance with Article 12 of this Federal Law.
In relation to the insurer who insured the civil liability of the victim, in the event of a claim for direct compensation for losses being presented to him, the provisions of this Federal Law, which are established in relation to the insurer to whom the application for insurance payment was presented, are applied.";
d) paragraph 5 should be stated as follows:
"5. The insurer that insured the civil liability of the person who caused the harm is obliged to reimburse, against the insurance payment under the compulsory insurance contract, the insurer that provided direct compensation for losses, the damage it compensated to the victim in accordance with the agreement on direct compensation for losses provided for in Article 26 1 of this Federal Law ";
e) paragraph 6 should be stated as follows:
"6. In the event of the exclusion of the insurer that insured the civil liability of the person who caused the harm from the agreement on direct compensation for losses or the introduction in relation to such an insurer in accordance with the legislation of the Russian Federation of procedures applied in a bankruptcy case, or in the event of revocation of its license for Carrying out insurance activities, the insurer who has provided direct compensation for losses has the right to demand from a professional association of insurers a compensation payment in the amount established by the agreement on direct compensation for losses in accordance with Article 26 1 of this Federal Law.";
"7. The insurer, which insured the civil liability of the person who caused the harm, and reimbursed the insurance payment under the compulsory insurance contract to the insurer that provided direct compensation for losses, the damage it compensated to the victim, in the cases provided for in Article 14 of this Federal Law, has the right of claim against the person, who caused the harm, in the amount of compensation to the victim.";
"8. A professional association of insurers that has compensated the victim for damages as compensation under a compulsory insurance contract to the insurer that provided direct compensation for losses, in the cases provided for in Article 14 of this Federal Law, has the right to claim against the person who caused the harm in the amount of the damages compensated to the victim. ";
"9. A victim who, in accordance with this Federal Law, 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, in the event that procedures applied in a bankruptcy case are introduced in relation to such insurer in accordance with the legislation of the Russian Federation , or if his license to carry out insurance activities is revoked, makes a claim for insurance payment to the insurer who insured the civil liability of the person who caused the harm.";
17) in article 15:
a) paragraph 4 should be supplemented with the following sentences: “If a compulsory insurance contract is concluded in the form of an electronic document, the provision by the policyholder of the documents specified in subparagraphs “b” - “e” of paragraph 3 of this article is not required. Insurers have access to the information contained in specified documents, by exchanging information in electronic form with relevant authorities and organizations.";
b) paragraph 7 should be stated as follows:
"7. When concluding a compulsory insurance contract, the insurer hands the insured an insurance policy, which is a document certifying the implementation of compulsory insurance, or issues a reasoned refusal in writing to the person who has applied to him for concluding a compulsory insurance contract about the impossibility of concluding such a contract, about which he also informs The Bank of Russia and the professional association of insurers. The insurer, no later than one business day from the date of concluding a compulsory insurance contract, enters the information specified in the application for concluding a compulsory insurance contract and (or) presented when concluding this contract into the automated compulsory insurance information system created in accordance with with Article 30 of this Federal Law. The compulsory insurance policy form is a document of strict accountability.
If a compulsory insurance contract is concluded in the form of an electronic document, the policyholder is sent an insurance policy in the form of an electronic document";
c) add paragraph 7 1 with the following content:
"7 1. The insurer ensures control over the use of compulsory insurance insurance policy forms by insurance brokers and insurance agents and is responsible for their unauthorized use. For the purposes of this Federal Law, the unauthorized use of compulsory insurance insurance policy forms means the paid or gratuitous transfer of a blank or completed insurance form policy to the owner of the vehicle without reflecting in the prescribed manner the fact of concluding a compulsory insurance contract, as well as distortion of information provided to the insurer about the terms of the compulsory insurance contract, reflected in the form of the insurance policy transferred to the policyholder.
In the event of harm to the life, health or property of the victim by the owner of a vehicle, the compulsory civil liability insurance of which is certified by a compulsory insurance policy, the form of which was unauthorized used, the insurer who owned this insurance policy form is obliged to pay compensation at its own expense to compensate for the damage caused. the victim of harm in the amount determined in accordance with Article 12 of this Federal Law, with the exception of cases of theft of compulsory insurance policy forms, provided that before the date of the insured event, the insurer, insurance broker or insurance agent applied to the authorized bodies with a statement about the theft of the forms. Payment of the said compensation is carried out in the manner established by this Federal Law for making insurance payments. The ownership of the compulsory insurance policy form by the insurer is confirmed by the professional association of insurers in accordance with the rules of professional activity provided for by subparagraph "p" of paragraph 1 of Article 26 of this Federal Law.
Incomplete and (or) untimely transfer to the insurer of the insurance premium received by the insurance broker or insurance agent does not relieve the insurer from the need to fulfill obligations under the compulsory insurance agreement, including in cases of unauthorized use of compulsory insurance insurance policy forms.
Within the amount of compensation paid by the insurer to the victim in accordance with this paragraph, as well as the costs incurred to consider the claim of the victim, the insurer has the right to claim against the person responsible for the unauthorized use of the compulsory insurance policy form that belonged to the insurer.";
d) add paragraph 7 2 with the following content:
"7 2. The compulsory insurance contract can be drawn up in the form of an electronic document, taking into account the features established by this Federal Law.
The creation and submission by the policyholder to the insurer of an application for concluding a compulsory insurance contract in the form of an electronic document is carried out using the official website of the insurer on the Internet information and telecommunications network. In this case, the specified official website of the insurer can be used as an information system that ensures the exchange of information in electronic form between the policyholder, the insurer, which is the operator of this information system, and the professional association of insurers, which is the operator of the automated compulsory insurance information system created in accordance with Article 30 of this Federal Law. The list of information provided by the policyholder using the insurer's official website on the Internet when creating an application for concluding a compulsory insurance contract in the form of an electronic document is determined by the rules of compulsory insurance.
Access to the official website of the insurer on the Internet information and telecommunications network to perform the actions provided for in this paragraph can be carried out using a unified identification and authentication system.
An insurance contract cannot be concluded in the form of an electronic document if the information provided by the policyholder does not correspond to the information contained in the automated compulsory insurance information system created in accordance with Article 30 of this Federal Law.
When carrying out compulsory insurance, an application for concluding a compulsory insurance contract in electronic form, sent to the insurer and signed with a simple electronic signature of the policyholder - an individual or an enhanced qualified electronic signature of the policyholder - a legal entity in accordance with the requirements of Federal Law of April 6, 2011 N 63-FZ " On Electronic Signature" is recognized as an electronic document equivalent to a paper document signed with a handwritten signature. For the purposes of concluding a compulsory insurance contract in the form of an electronic document, the communication by the policyholder in the application for concluding a compulsory insurance contract of the insurance number of his individual personal account is equivalent to an application signed with a simple electronic signature of the policyholder.
After the policyholder pays the insurance premium under the compulsory insurance contract, the insurer sends to the policyholder an insurance policy created using the automated compulsory insurance information system created in accordance with Article 30 of this Federal Law, in the form of an electronic document signed with an enhanced qualified electronic signature of the insurer in compliance with the requirements of the Federal Law dated April 6, 2011 N 63-FZ “On Electronic Signatures”. Simultaneously with sending the insurance policy to the policyholder in the form of an electronic document, the insurer enters information about the conclusion of a compulsory insurance agreement into the automated compulsory insurance information system created in accordance with Article 30 of this Federal Law.";
e) paragraph 9 should be supplemented with the words “no later than five working days from the date of amendments to the compulsory insurance policy”;
f) paragraph 10 1 shall be supplemented with a new first sentence as follows: “When concluding a compulsory insurance contract, for the purpose of calculating the insurance premium and checking data on the presence or absence of insurance payments, as well as checking the fact of passing a technical inspection, the insurer uses the information contained in the automated information system of compulsory insurance created in accordance with Article 30 of this Federal Law, and information contained in the unified automated technical inspection information system.";
g) paragraph 11 shall be supplemented with the following paragraph:
"Requirements for the use of electronic documents and the procedure for the exchange of information in electronic form between the policyholder, the victim (beneficiary) and the insurer when carrying out compulsory insurance, in particular the recognition of information in electronic form, signed with a simple electronic signature, as an electronic document equivalent to a paper document signed with a handwritten signature, are established by the Bank of Russia in compliance with the requirements of the Federal Law of August 7, 2001 N 115-FZ "On Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism" and the Federal Law of April 6, 2011 N 63-FZ " About electronic signature".";
18) add Article 16 1 with the following content:
"Article 16 1. Peculiarities of consideration of disputes under compulsory insurance contracts
1. Before filing a claim against the insurer containing a demand for insurance payment, the victim is obliged to contact the insurer with a statement containing a demand for insurance payment or direct compensation for losses, with documents attached to it, provided for by the rules of compulsory insurance.
If there are disagreements between the victim and the insurer regarding the latter's fulfillment of his obligations under the compulsory insurance contract, before a claim is filed against the insurer arising from the non-fulfillment or improper fulfillment of his obligations under the compulsory insurance contract, or the victim's disagreement with the amount of the insurance payment made by the insurer, the victim sends a claim with documents to the insurer, attached to it and substantiating the claim of the victim, which is subject to consideration by the insurer within five calendar days, with the exception of non-working holidays, from the date of receipt. During the specified period, the insurer is obliged to satisfy the demand expressed by the victim for the proper fulfillment of obligations under the compulsory insurance contract or send a reasoned refusal to satisfy such a demand.
2. The rights and legitimate interests of individuals who are victims or policyholders related to the failure or improper fulfillment by the insurer of obligations under the compulsory insurance contract are subject to protection in accordance with the Law of the Russian Federation of February 7, 1992 N 2300-I “On the Protection of Consumer Rights” in parts not regulated by this Federal Law. Proper fulfillment by the insurer of its obligations under the compulsory insurance contract is the making of an insurance payment or the delivery of a repaired vehicle in the manner and within the time limits established by this Federal Law.
3. If the court satisfies the demands of the injured individual to make an insurance payment, the court shall collect from the insurer for failure to voluntarily fulfill the requirements of the victim a fine in the amount of fifty percent of the difference between the total amount of the insurance payment determined by the court and the amount of the insurance payment made by the insurer voluntarily ok.
4. If the deadline for returning the insurance premium is not met in cases provided for by the rules of compulsory insurance, the insurer pays the insured - an individual a penalty (penalty) in the amount of one percent of the insurance premium under the compulsory insurance agreement for each day of delay, but not more than the amount of the insurance premium for such agreement.
5. The insurer is released from the obligation to pay a penalty (penalty), the amount of a financial sanction and (or) a fine if the insurer’s obligations were fulfilled in the manner and within the time limits established by this Federal Law, and also if the insurer proves that the violation of the deadlines occurred due to force majeure force or through the fault of the victim.
6. The total amount of the penalty (penalty), the amount of financial sanction that is payable to the victim - an individual, cannot exceed the amount of the insurance amount by type of harm caused, established by this Federal Law.
7. The insurer cannot be charged a penalty (fine), the amount of a financial sanction, or a fine not provided for by this Federal Law and related to the conclusion, amendment, execution and (or) termination of compulsory insurance contracts.
8. The insurer bears responsibility for the fulfillment of obligations under a compulsory insurance contract concluded by an insurance agent or insurance broker.";
19) in article 18:
a) subparagraph “a” of paragraph 1 should be stated as follows:
b) subparagraph “a” of paragraph 2 should be stated as follows:
"a) introduction of procedures applied in bankruptcy cases against the insurer in accordance with the legislation of the Russian Federation;";
c) add paragraph 2 1 with the following content:
"2 1. Compensation payment for compensation to the insurer that has made direct compensation for losses on account of the insurance payment is carried out in accordance with paragraph 6 of Article 14 1 of this Federal Law.";
d) paragraph 6 should be stated as follows:
"6. A claim at the request of the victim or the insurer who made direct compensation for losses for compensation payment may be brought within three years.";
20) Article 19 should be stated as follows:
"Article 19. Making compensation payments
1. Compensation payments are made by a professional association of insurers, acting on the basis of constituent documents and in accordance with this Federal Law, according to the requirements of persons entitled to receive them.
Insurers acting at the expense of a professional association of insurers on the basis of contracts concluded with it can consider claims for compensation payments, make compensation payments and exercise the right of claim provided for in Article 20 of this Federal Law.
By analogy, the rules established by the legislation of the Russian Federation for the relationship between the beneficiary and the insurer under a compulsory insurance contract are applied to the relationship between the victim and the professional association of insurers regarding compensation payments. The relations between a professional association of insurers and the insurer that provided direct compensation for losses, or the insurer that insured the civil liability of the person who caused the damage, are similarly applied by the rules established by the legislation of the Russian Federation for relations between the insurer that provided direct compensation for losses and the insurer that insured civil liability. liability of the person who caused the harm.
The relevant provisions apply to the extent that otherwise is not provided for by this Federal Law and does not follow from the essence of such relations.
2. Compensation payments are established:
in terms of compensation for harm caused to the life or health of each victim, in the amount of no more than 500 thousand rubles, taking into account the requirements of paragraph 7 of Article 12 of this Federal Law;
in terms of compensation for damage caused to the property of each victim, in the amount of no more than 400 thousand rubles.
In this case, these compensation payments are reduced by an amount equal to the amount of partial compensation made by the insurer and (or) the person responsible for the damage caused.
3. Before filing a claim against a professional association of insurers containing a demand for compensation payment, the victim is obliged to contact the professional association of insurers with an application containing a demand for compensation payment, with documents attached to it, the list of which is determined by the rules of compulsory insurance.
4. The professional association of insurers considers the victim’s application for compensation payment and the documents attached to it within 20 calendar days, excluding non-working holidays, from the date of their receipt. During the specified period, the professional association of insurers is obliged to make a compensation payment to the victim by transferring the amount of the compensation payment to the victim’s bank account or sending him a reasoned refusal to make such a payment.
5. The provisions of paragraph two of paragraph 15 of Article 12 of this Federal Law on the organization and payment of restoration repairs of a damaged vehicle on account of the insurance payment do not apply to relations regarding the implementation of compensation payments by a professional association of insurers.";
21) Article 20 shall be supplemented with paragraph 3 as follows:
"3. Within the limits of the amount of compensation payment made in accordance with paragraph 2 1 of Article 18 of this Federal Law, the professional association of insurers receives the right to claim compensation on account of the insurance payment under the compulsory insurance agreement, which, in accordance with the agreement on direct compensation of losses, provided for Article 26 1 of this Federal Law, the insurer that has provided direct compensation for losses has to the insurer that insured the civil liability of the person who caused the harm.";
22) in article 21:
a) paragraph 1 should be stated as follows:
"1. The insurer must have its own representative in each subject of the Russian Federation, authorized to consider the claims of victims for insurance payments and direct compensation for losses, as well as to make insurance payments and direct compensation for losses. The service for concluding compulsory insurance contracts must be provided in any separate division insurer (branch).";
b) paragraph 2 should be supplemented with the following sentence: “In the event of withdrawal or exclusion of an insurer from a professional association of insurers, the professional association of insurers shall notify the Bank of Russia about this within one working day.”;
c) paragraph two of paragraph 3 should be supplemented with the words “and have access to the automated information system of compulsory insurance created in accordance with Article 30 of this Federal Law”;
"4. The insurer keeps a log of concluded compulsory insurance contracts, a log of losses and early terminated compulsory insurance contracts, a log of compulsory insurance contracts accepted for reinsurance, a log of losses under compulsory insurance contracts accepted for reinsurance, a log of compulsory insurance contracts, transferred to reinsurance, a journal recording the share of reinsurers in losses under compulsory insurance contracts transferred to reinsurance, and submits the data of these journals to the professional association of insurers in the manner established by the rules of professional activity.Within five working days from the date of revocation of the license to carry out insurance, exceptions or voluntary withdrawal from the professional association of insurers, the insurer is obliged to transfer the specified magazines, as well as unused forms of compulsory insurance insurance policies to the professional association of insurers.";
e) paragraphs 5 - 7 are declared invalid;
23) paragraph 3 of Article 22 shall be stated as follows:
"3. When carrying out compulsory insurance, insurers make deductions from insurance premiums under compulsory insurance contracts to the professional association of insurers:
for financial security of compensation payments provided for in subparagraphs “a” and “b” of paragraph 1, paragraphs 2 and 2 1 of Article 18 of this Federal Law (reserve of guarantees);
for financial support of compensation payments made in accordance with subparagraphs “c” and “d” of paragraph 1 of Article 18 of this Federal Law (reserve for current compensation payments).
Contributions from insurers to the reserve of guarantees and the reserve of current compensation payments are recognized as current expenses of insurers and are included in the financial result for compulsory insurance.
The minimum amounts of contributions to the guarantee reserve and the reserve of current compensation payments are established in accordance with the structure of insurance tariffs. The final amount of contributions to the reserve of guarantees and the reserve of current compensation payments is determined by the insurer taking into account the allowances to the minimum amount of contributions of insurers established by the professional association of insurers in the rules of professional activity based on the indicators of the sufficiency of the funds of the reserve of guarantees and the reserve of current compensation payments for the financial support of the corresponding compensation payments, financial stability of the insurer and (or) other factors that significantly affect the likelihood of compensation payments and their possible volume.";
24) paragraph 3 of Article 24 shall be supplemented with the following paragraph:
“The governing bodies of a professional association of insurers are formed in the manner established by the legislation of the Russian Federation, the constituent documents of a professional association of insurers, on the principles of equal rights of its members to representation in elections to the governing bodies of a professional association of insurers and participation in the management of this association.”;
25) in article 25:
a) in paragraph 1:
in subparagraph "c" the word "victims" should be replaced with the words "and establishes the amount of contributions of insurers to the reserve of guarantees and the reserve of current compensation payments";
in subparagraph "in 1" the words "and carries out" are replaced with the word "carries out", supplemented with the words "and posts on its official website on the information and telecommunications network "Internet" information received from its members on the number of insurance policy forms sent to separate divisions of the insurer (branches) of each of the constituent entities of the Russian Federation";
add subparagraph "in 2" with the following content:
"c 2) informs vehicle owners about the procedure for processing documents about a traffic accident without the participation of authorized police officers in accordance with Article 11 1 of this Federal Law;";
add subparagraph "in 3" with the following content:
“c 3) provides, at the request of the owners of the injured vehicles, information about the existence of a valid compulsory insurance contract in relation to the person specified in the request, the number of such contract and the insurer with which it was concluded;”;
subparagraph “e” after the words “other functions provided for” should be supplemented with the words “regulatory legal acts of the Government of the Russian Federation, regulatory acts of the Bank of Russia”;
b) in paragraph 2:
paragraph two after the words “on compulsory insurance,” add the words “on insurance within the framework of international insurance systems,”;
“to carry out the functions of the national association of insurers, carrying out operations within the framework of international insurance systems, assigned to it in accordance with the legislation of the Russian Federation and the requirements of international insurance systems.”;
a) in paragraph 1:
in subparagraph "b" the word "victims" should be deleted;
in subparagraph "b 1" the words "between members of a professional association of insurers" should be deleted;
subparagraph "n" should be stated as follows:
"m) the activities of a professional association of insurers and its members within the framework of international insurance systems in accordance with paragraph 9 of Article 31 of this Federal Law;";
subparagraph “o” should be stated as follows:
"o) the procedure for determining the amount of insurers' contributions to the reserve of guarantees and the reserve of current compensation payments;";
in subparagraph "t" the words "and the use of the specified forms" should be replaced with the words "the use of the specified forms and establishing the number of compulsory insurance contracts concluded in the form of electronic documents";
add subparagraphs “y” - “h” with the following content:
“y) the procedure for the exercise by the representative of the insurer who insured the civil liability of the victim of the powers to consider the victims’ claims for direct compensation for losses and the implementation of direct compensation for losses on behalf and at the expense of the represented insurer;
t) relationships with insurance agents and insurance brokers who, on behalf of a member of a professional association of insurers, issue compulsory insurance policies;
x) relationships between members of the professional association of insurers and service stations;
v) organizing the conclusion of compulsory insurance contracts in the form of electronic documents;
w) other rules of professional activity, the establishment of which, by decision of the members of the professional association of insurers, falls within the competence of the professional association of insurers.";
b) paragraph 1 1 should be stated as follows:
"1 1. The requirements specified in subparagraphs "a" - "d", "n" - "c" of paragraph 1 of this article are established and amended by the professional association of insurers in agreement with the Bank of Russia, other requirements provided for in paragraph 1 of this article - by the professional by an association of insurers, subject to notification of the Bank of Russia in the manner established by it.
The rules of professional activity and changes made to these rules come into force no earlier than the date of their approval by the Bank of Russia. Changes made to the rules of professional activity and not entailing changes in the composition and scope of the rights and obligations of the professional association of insurers, insurers, insureds, victims, beneficiaries and other persons do not require approval from the Bank of Russia and are submitted in a notification manner.";
c) add paragraph 3 with the following content:
“3. The professional association of insurers places extracts from the rules of professional activity affecting the interests, rights and obligations of policyholders and (or) victims, taking into account the changes made to them, on its official website on the Internet information and telecommunications network.”;
27) Article 26 1 shall be stated as follows:
"Article 26 1. Direct Indemnity Agreement
1. An agreement on direct compensation for losses is concluded between members of a professional association of insurers and a professional association of insurers. This agreement determines the procedure and terms of settlements between the insurer that provided direct compensation for losses and the insurer that insured the civil liability of the person who caused the harm, as well as between the insurer that provided direct compensation for losses or the insurer that insured the civil liability of the victim, and the professional association of insurers in cases provided for in Article 14 1 of this Federal Law.
Fulfillment of the obligations of the insurer that insured the civil liability of the person who caused the damage to the insurer that provided direct compensation for losses, in the case provided for in paragraph 5 of Article 14 1 of this Federal Law, may be carried out by reimbursing the amount of paid losses for each claim of the victim and (or) based on the number of satisfied claims during the reporting period, the average amount of insurance payments determined in accordance with the agreement on direct compensation of losses.
The requirements for the agreement on direct compensation of losses, the procedure for settlements between these insurers, as well as the specifics of accounting for transactions related to direct compensation of losses are established by the Bank of Russia.
2. The constituent documents of a professional association of insurers must provide that joining the agreement on direct compensation for losses concluded between the professional association of insurers and all its members is a mandatory condition for the insurance organization’s membership in the professional association of insurers.”;
28) in article 27:
a) paragraph 2 should be stated as follows:
"2. Requirements for compensation payments provided for in subparagraphs "a" and "b" of paragraph 1, paragraphs 2 and 2 1 of Article 18 of this Federal Law are satisfied by the professional association of insurers at the expense of funds sent by members of the professional association of insurers to the guarantee reserve, as well as funds received from the exercise by a professional association of insurers of the right of claim provided for in paragraphs 2 and 3 of Article 20 of this Federal Law.
The claims of victims for compensation payments provided for in subparagraphs “c” and “d” of paragraph 1 of Article 18 of this Federal Law are satisfied by the professional association of insurers at the expense of funds sent by members of the professional association of insurers to the reserve of current compensation payments provided for in paragraph 3 of Article 22 of this Federal Law, as well as funds received from the exercise by a professional association of insurers of the right of claim provided for in paragraph 1 of Article 20 of this Federal Law.
If there are insufficient funds sent by members of the professional association of insurers from the guarantee reserve, claims for compensation payments provided for in subparagraphs “a” and “b” of paragraph 1, paragraphs 2 and 2 1 of Article 18 of this Federal Law are satisfied by the professional association of insurers at the expense of the funds provided for in paragraph 3 of Article 22 of this Federal Law reserves current compensation payments, as well as funds received from the exercise by a professional association of insurers of the right of claim provided for in paragraph 1 of Article 20 of this Federal Law.
If there are insufficient funds sent by members of the professional association of insurers from the reserve of current compensation payments, the claims of victims for compensation payments provided for in subparagraphs “c” and “d” of paragraph 1 of Article 18 of this Federal Law are satisfied by the professional association of insurers at the expense of the funds provided for in paragraph 3 of Article 22 of this Federal Law for the reserve of guarantees, as well as funds received from the exercise by a professional association of insurers of the right of claim provided for in paragraphs 2 and 3 of Article 20 of this Federal Law.";
b) paragraph 3 is declared invalid;
29) in article 28:
a) in paragraph 2:
the first paragraph after the words “financing compensation payments,” add the words “and funds constituting the current liability fund,”;
in paragraph two, replace the words “and paragraph 2 of Article 18” with the words “, paragraphs 2 and 2 1 of Article 18”;
the third paragraph after the words “financing compensation payments,” shall be supplemented with the words “and funds constituting the fund of current liabilities,” and the words “on separate balance sheets” shall be replaced with the words “on the balance sheet”;
b) paragraph 2 1 is declared invalid;
c) paragraph two of paragraph 3 should be stated as follows:
“The placement of temporarily free funds of a professional association of insurers is allowed in credit institutions whose assets amount to 50 billion rubles or more and (or) the amount of funds raised from individuals on the basis of bank deposit agreements and bank account agreements amounts to 10 billion rubles or more It is not allowed to place temporarily free funds of a professional association of insurers in credit organizations that are under the direct or indirect control of members of the professional association, with the exception of credit organizations whose shares (shares in the authorized capital) belong to the Russian Federation or the Bank of Russia in an amount that allows decisions to be made specified credit institutions on issues within the competence of the general meeting of their founders (participants).";
d) paragraph 4 should be stated as follows:
"4. The professional association of insurers maintains statistics on the implementation of compensation payments, containing, among other things, information on the size of the reserve of guarantees and the reserve of current compensation payments, on the investment result from the placement of funds from these reserves, on the amounts contributed to them by insurers, on the amounts received from the implementation of the right requirements provided for in Article 20 of this Federal Law on the expenditure of funds from these reserves to make compensation payments, and submits the specified information to the Bank of Russia quarterly.";
e) in paragraph 6:
Paragraph one should be stated as follows:
"6. The annual accounting (financial) statements of a professional association of insurers are subject to mandatory audit.";
in paragraph two, replace the words “Independent Audit” with the word “Audit”;
f) paragraph 7 should be stated as follows:
“7. The annual accounting (financial) statements of a professional association of insurers, the auditor’s report on its reliability and the annual report are subject to annual publication, in particular on the Internet information and telecommunications network. Information about such publication is subject to transmission by the professional association of insurers to the Bank of Russia.” ;
30) in article 30:
a) in paragraph 1:
in the first paragraph, after the words “local government bodies,” add the words “Bank of Russia,” after the words “for compulsory insurance,” add the words “insurance within the framework of international insurance systems,” delete the word “victims”;
Paragraph two should be stated as follows:
“Internal affairs bodies, through electronic interaction, provide insurers, a professional association of insurers, at their request, with the information necessary for the implementation of the provisions of this Federal Law on the driver’s licenses of persons allowed to drive vehicles, on the registration of vehicles and road traffic accidents recorded by police officers.”;
b) paragraph 2 is declared invalid;
c) in paragraph 3:
the first paragraph after the words “information support” is supplemented with the words “possibility of concluding a compulsory insurance agreement in the form of an electronic document,” after the words “ground transport with victims,” supplemented with the words “control over the implementation of compulsory insurance”;
the second paragraph after the words “to government authorities,” add the words “to the Bank of Russia,”;
in paragraph three, replace the word “Lists” with the words “Composition of government bodies and organizations connected to the information system, lists”;
d) add paragraph 3 1 with the following content:
"3 1. Persons who intend to enter into a compulsory insurance contract are provided with free access, in particular, to:
a) information on the insurance rates applied by insurers, allowing the persons specified in this paragraph to compare the amount of the insurance premium under a compulsory insurance agreement if it is concluded with any of the insurers;
b) information about lost, stolen, stolen and other forms of compulsory insurance policies not intended for authorized use;
c) information necessary to determine the coefficient included in the insurance tariffs and provided for in subparagraph “b” of paragraph 2 of Article 9 of this Federal Law when calculating the insurance premium under a compulsory insurance agreement.”;
e) add paragraph 3 2 with the following content:
"3 2. Victims and other participants in a road traffic accident are provided with information about the existence of a valid compulsory insurance agreement in relation to a certain person and (or) vehicle, the number of such an agreement, as well as about the insurer with whom it was concluded.
Upon requests in writing from citizens, organizations, state authorities and local governments, the professional association of insurers, within 30 calendar days from the receipt of such a request, provides information on compulsory insurance, on insurance within the framework of international insurance systems, not containing personal data.";
f) add paragraph 6 with the following content:
"6. In order to conclude a compulsory insurance contract or make changes to it, the policyholder is obliged to provide his personal data, the personal data of the owner of the vehicle, and if the compulsory insurance contract being concluded provides for the driving of the vehicle by drivers specified by the policyholder, the personal data of each of such drivers .
The victim or beneficiary, in order to receive an insurance payment or direct compensation for losses under a compulsory insurance contract, is obliged to provide his personal data, and in the event of harm to the life of the victim, the beneficiary is obliged to provide the personal data of other beneficiaries known to him.";
g) add paragraph 7 with the following content:
"7. The composition of personal data, the obligation to provide which is provided for in paragraph 6 of this article, is determined by this Federal Law, the rules of compulsory insurance and the forms adopted in accordance with them:
a) applications for concluding a compulsory insurance contract;
b) an insurance policy for compulsory civil liability insurance of vehicle owners;
c) a document containing information on civil liability insurance of vehicle owners under a compulsory insurance agreement;
d) notifications about a traffic accident;
e) certificates of a traffic accident.";
h) add paragraph 8 with the following content:
"8. The insurer has no right to demand the provision of personal data not provided for by this Federal Law and the regulatory legal acts and regulations of the Bank of Russia adopted in accordance with it.
The consent of the subject of personal data to their processing by the operator of the automated compulsory insurance information system is not required.";
31) in article 31:
a) paragraph 1 shall be supplemented with the words “by concluding with an insurer included in the list specified in paragraph 5 of this article a civil liability insurance contract for vehicle owners within the framework of international insurance systems”;
b) paragraph 2 shall be supplemented with the words “as well as the rules of professional activity adopted by the professional association of insurers in accordance with paragraph 9 of this article”;
c) in paragraph 3, the words “in which international insurance systems are applied must comply with the requirements and rules” shall be replaced with the words “established by a professional association of insurers in the insurance rules within the framework of international insurance systems in accordance with the requirements and rules”;
d) add paragraph 5 with the following content:
"5. The insurer has the right to carry out insurance operations within the framework of international insurance systems if this insurer is included in the list of insurers carrying out insurance operations within the framework of international insurance systems. The specified list is maintained by a professional association of insurers.";
e) add paragraph 6 with the following content:
"6. To be included in the list of insurers carrying out insurance operations within the framework of international insurance systems, the insurer must:
a) be a member of a professional association of insurers;
b) meet the requirements established by the professional association of insurers in the rules of professional activity in accordance with the rules of international insurance systems;
c) make a contribution to the current liability fund formed by a professional association of insurers in accordance with paragraph 10 of this article in an amount equivalent to 500 thousand euros at the Bank of Russia exchange rate established on the day of payment.";
f) add paragraph 7 with the following content:
"7. Information about insurers included in the list of insurers carrying out insurance operations within the framework of international insurance systems is sent to the Bank of Russia within 30 calendar days from the date of inclusion of the insurer in the specified list.";
g) add paragraph 8 with the following content:
"8. The professional association of insurers is obliged to post a list of insurers carrying out insurance operations within the framework of international insurance systems on the Internet information and telecommunications network.";
h) add paragraph 9 with the following content:
"9. The activities of a professional association of insurers and its members within the framework of international insurance systems are regulated by this Federal Law, other federal laws, the rules of international insurance systems and the rules of professional activity established in accordance with them by the professional association of insurers, containing requirements in relation to:
a) the procedure for including the insurer in the list of insurers carrying out insurance operations within the framework of international insurance systems, and excluding the insurer from the specified list;
b) the amount of contributions and the procedure for their payment by insurers to the professional association of insurers, the formation and use of the current liability fund;
c) maximum (minimum and maximum) amounts of insurance rates and the procedure for their application when determining the insurance premium, the structure of insurance rates, including the share of the insurance premium intended for remuneration for concluding an insurance contract within the framework of international insurance systems, as well as the procedure for paying the insurance premium;
d) insurers for inclusion in the list of insurers carrying out insurance operations within the framework of international insurance systems;
e) organizations that settle claims arising in connection with insurance within the framework of international insurance systems on the territory of the Russian Federation;
f) organizing the conclusion of insurance contracts by insurers within the framework of international insurance systems, as well as placing advertisements for the services of specific insurers and (or) persons acting on their behalf within the framework of international insurance systems;
g) rules for settling claims arising in connection with insurance within the framework of international insurance systems.";
i) add paragraph 10 with the following content:
"10. In order to fulfill financial obligations to participants in international insurance systems, the professional association of insurers forms a fund of current obligations."
Article 2
Introduce into the Law of the Russian Federation of November 27, 1992 N 4015-I “On the organization of insurance business in the Russian Federation” (Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N 2, Art. 56; Collection of Legislation of the Russian Federation, 1998, No. 1, Article 4; 2002, No. 12, Article 1093; 2003, No. 50, Article 4858; 2005, No. 10, Article 760; 2007, No. 49, Article 6048; 2010, No. 17, Art. 1988; N 31, Art. 4195; 2011, N 49, Art. 7040; 2012, N 53, Art. 7592; 2013, N 30, Art. 4067; 2014, N 23, Art. 2934) the following changes:
1) Article 3 shall be supplemented with paragraph 3 1 as follows:
"3 1. For the purpose of information interaction between participants in relations regulated by this Law and to combat fraud in insurance, a unified automated information system is created containing information on insurance contracts by type of insurance provided for in subparagraphs 6 and 14 of paragraph 1 of Article 32 9 of this Law, insured events and other information about the implementation of insurance (hereinafter referred to as the unified automated system). The operator of the unified automated system is a professional association of insurers, created in accordance with Federal Law of April 25, 2002 N 40-FZ "On compulsory insurance of civil liability of vehicle owners." Procedure creation and operation of a unified automated system, including providing access to the information contained in it, lists of types of information provided by insurers without fail are established by the Bank of Russia.";
2) in Article 32:
a) in paragraph five of subclause 1 of clause 2, replace the words “type of compulsory insurance” with the words “type of insurance”;
b) in subclause 8 of clause 14, replace the words “type of compulsory insurance” with the words “type of insurance”;
3) Article 32 6 shall be supplemented with paragraph 4 1 as follows:
"4 1. In case of exclusion of an insurance organization from a professional association of insurers created in accordance with the federal law on a specific type of compulsory insurance, the specified professional association of insurers informs the insurance supervisory body about this so that it can make a decision to limit the validity of the insurance company in accordance with the procedure established by this Law. licenses to carry out the relevant type of insurance.";
4) in paragraph 2 of Article 32 8:
a) in subparagraph 1:
add a new paragraph five with the following content:
“if the insurance organization, within three months from the date of restriction of the license on the basis provided for in paragraph 4 1 of Article 32 6 of this Law, has not restored its membership in the professional association of insurers;”;
b) subparagraph 2 after the word “activity” is supplemented with the words “including in the event of an insurance organization leaving a professional association of insurers created in accordance with the federal law on a specific type of compulsory insurance”;
5) paragraph 2 of Article 32 9 shall be supplemented with the following paragraph:
“If the federal law provides that insurance rules for certain types of insurance, insurance rates, methods for calculating them, the structure of tariff rates for these types of insurance are established by the Government of the Russian Federation, the federal executive body authorized by it or the insurance supervisory body and are mandatory for use by insurers, The insurer does not submit to the insurance supervisory authority, accordingly, the insurance rules, calculations of insurance tariffs, actuarial calculation methods, the structure of tariff rates, as well as changes made to these documents."
Article 3
Introduce into the Code of the Russian Federation on Administrative Offenses (Collection of Legislation of the Russian Federation, 2002, N 1, Art. 1; N 44, Art. 4295; 2003, N 50, Art. 4855; N 52, Art. 5037; 2004, N 34 , Art. 3533; 2005, N 19, Art. 1752; 2006, N 2, Art. 172; N 31, Art. 3433; 2007, N 1, Art. 33; N 26, Art. 3089; 2009, N 7 , Art. 777; N 30, Art. 3739; 2010, N 28, Art. 3553; N 30, Art. 4005, 4007; N 31, Art. 4193, 4208; N 41, Art. 5193; N 49, Art. 6409; 2011, N 7, Art. 905; N 27, Art. 3873; N 30, Art. 4584; N 46, Art. 6406; N 47, Art. 6601, 6602; N 48, Art. 6728; N 50, Art. 7351; 2012, N 15, Art. 1723; N 31, Art. 4329; N 47, Art. 6405; 2013, N 26, Art. 3207; N 30, Art. 4044, 4081, 4082; N 31, Art. 4191; N 43, Art. 5446; N 48, Art. 6163, 6165; N 49, Art. 6327; N 51, Art. 6685, 6695; 2014, N 19, Art. 2317, 2335) the following changes:
1) add Article 15.34 1 with the following content:
"Article 15.34 1. Unreasonable refusal to conclude a public insurance contract or imposition of additional services when concluding a compulsory insurance contract
Unreasonable refusal of an insurance organization to enter into public contracts provided for by federal laws on specific types of compulsory insurance, or the imposition of additional services on an insured or a person intending to enter into a compulsory insurance contract that are not stipulated by the requirements of the federal law on a specific type of compulsory insurance -
shall entail the imposition of an administrative fine on officials in the amount of fifty thousand rubles.";
2) in article 23.74:
Part 1 after the words “Articles 15.28 - 15.31,” add the numbers “15.34 1,”;
in part 2:
paragraph 2 after the words “Articles 15.28 - 15.31,” add the numbers “15.34 1,”;
paragraph 3 after the words “Articles 15.28 - 15.31,” add the numbers “15.34 1,”.
Article 4
1) subparagraph “b” of paragraph 7 of the Federal Law of July 21, 2005 N 103-FZ “On Amendments to the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” (Collected Legislation of the Russian Federation, 2005, N 30, Art. 3114 );
2) paragraphs five - thirteen of paragraph 8, paragraph 10, paragraphs three - seven of paragraph 18, paragraph 24 of Article 1 of the Federal Law of December 1, 2007 N 306-FZ "On Amendments to the Federal Law "On Compulsory Civil Liability Insurance of Vehicle Owners" "and Article 2 of the Federal Law "On Amendments and Additions to the Law of the Russian Federation "On the Organization of Insurance Business in the Russian Federation" and Recognizing Certain Legislative Acts of the Russian Federation as Invalid" (Collected Legislation of the Russian Federation, 2007, No. 49, Art. 6070) ;
3) paragraph 1 of Article 18 of the Federal Law of July 11, 2011 N 200-FZ "On amendments to certain legislative acts of the Russian Federation in connection with the adoption of the Federal Law "On Information, Information Technologies and Information Protection" (Collection of Legislation of the Russian Federation, 2011, No. 29, Art. 4291);
4) subparagraphs “b” - “d” of paragraph 1 of Article 19 of the Federal Law of February 7, 2011 N 4-FZ “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law “On the Police” (Collection of Legislation of the Russian Federation , 2011, N 7, Art. 901);
5) paragraphs 4, 6 and 11 of Article 13 of the Federal Law of July 23, 2013 N 251-FZ "On amendments to certain legislative acts of the Russian Federation in connection with the transfer to the Central Bank of the Russian Federation of powers to regulate, control and supervise in the field of financial markets "(Collected Legislation of the Russian Federation, 2013, No. 30, Art. 4084).
2. Paragraph six of paragraph 5 of Article 1 of the Federal Law of December 1, 2007 N 306-FZ "On Amendments to the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" and Article 2 of the Federal Law "On Amendments and Additions to the Law of the Russian Federation "On the organization of insurance business in the Russian Federation" and the recognition as invalid of certain legislative acts of the Russian Federation" (Collection of Legislation of the Russian Federation, 2007, No. 49, Art. 6070) shall be declared invalid from October 1, 2014.
Article 5
1. This Federal Law comes into force on September 1, 2014, with the exception of provisions for which this article establishes other dates for their entry into force.
2. Paragraphs one - ten, fourteen and fifteen of paragraph 11, paragraph 16, subparagraph "c" of paragraph 29 of Article 1, paragraphs 3 - 5 of Article 2, Article 3 of this Federal Law come into force after ten days from the date of its official publication.
3. Subparagraphs “b” and “c” of paragraph 6, paragraphs eleven and thirteen of paragraph 11, paragraph fifty-six of paragraph 12, paragraph nine of paragraph 20 of Article 1 of this Federal Law come into force on October 1, 2014.
4. Subparagraph "a" of paragraph 6, paragraphs ten - twenty-seven of paragraph 12, paragraph eight of paragraph 20 of Article 1 of this Federal Law come into force on April 1, 2015.
6. Subparagraph “a”, paragraph three of subparagraph “b”, subparagraph “d”, subparagraph “g” of paragraph 17 of Article 1 of this Federal Law come into force on July 1, 2015.
7. Paragraph twelve of paragraph 11 of Article 1 of this Federal Law comes into force on October 1, 2019.
8. Paragraph 4 of Article 11 1 of the Federal Law of April 25, 2002 N 40-FZ “On compulsory insurance of civil liability of vehicle owners” applies to relations arising in connection with a road accident, the civil liability of both participants of which is insured under compulsory insurance contracts. civil liability insurance for vehicle owners, concluded ten days after the official publication of this Federal Law, and is valid until September 30, 2019 inclusive.
9. Paragraph 5 of Article 11 1 of the Federal Law of April 25, 2002 N 40-FZ "On compulsory insurance of civil liability of vehicle owners" applies to relations arising in connection with a road accident, the civil liability of both participants of which is insured under compulsory insurance contracts. civil liability insurance for vehicle owners concluded after October 1, 2014, and is valid until September 30, 2019 inclusive.
10. Establish that before January 1, 2017, when preparing documents about a traffic accident in accordance with the provisions of paragraph 5 of Article 11 1 of the Federal Law of April 25, 2002 N 40-FZ “On compulsory insurance of civil liability of vehicle owners,” it is allowed to submit to the insurer of data on the circumstances of damage to a vehicle as a result of a traffic accident, which are recorded using technical means of control that ensure uncorrected registration of information (photo or video recording of vehicles and their damage at the scene of a traffic accident, as well as data recorded with the use of navigation aids operating using GLONASS system technologies or technologies of other global satellite navigation systems).
11. The Bank of Russia, before September 1, 2014, shall adopt a regulatory act defining the minimum (standard) requirements for the conditions of voluntary insurance of vehicles and civil liability of their owners, allowing vehicle owners to freely exercise their rights established by Article 11 1 of the Federal Law of April 25, 2002 Year N 40-FZ "On compulsory insurance of civil liability of vehicle owners."
1) the amount of the insurance payment due to the victim in compensation for damage caused to his health is calculated by the insurer in the manner prescribed by the rules of Chapter 59 of the Civil Code of the Russian Federation;
2) the amount of insurance payment for causing harm to the life of the victim is:
a) 135 thousand rubles - to persons entitled, in accordance with civil law, to compensation for damage in the event of the death of the victim (breadwinner);
b) no more than 25 thousand rubles for reimbursement of funeral expenses - to persons who incurred these expenses;
3) compensation payments in terms of compensation for harm caused to the life or health of each victim are established in the amount of no more than 160 thousand rubles, taking into account the requirements of subparagraph “b” of paragraph 2 of this part.
13. Provisions of the Law of the Russian Federation of November 27, 1992 N 4015-I “On the organization of insurance business in the Russian Federation” (as amended by this Federal Law) and the Federal Law of April 25, 2002 N 40-FZ “On compulsory insurance of civil liability of owners vehicles" (as amended by this Federal Law) apply to relations between victims, policyholders and insurers arising from compulsory civil liability insurance contracts for vehicle owners, concluded after the entry into force of the relevant provisions of this Federal Law, unless otherwise provided by this article.
14. The procedure for direct compensation of losses established by Article 14 1 of the Federal Law of April 25, 2002 N 40-FZ “On compulsory insurance of civil liability of vehicle owners” (as amended by this Federal Law) applies to contracts that have not expired on the date of entry into force. by virtue of paragraph 16 of Article 1 of this Federal Law.
15. The features of the consideration of disputes under contracts of compulsory civil liability insurance of vehicle owners, established by Article 16 1 of the Federal Law of April 25, 2002 N 40-FZ “On compulsory civil liability insurance of vehicle owners” (as amended by this Federal Law), apply to relations arising after September 1, 2014. Paragraph two of paragraph 1 of Article 16 1 of Federal Law No. 40-FZ of April 25, 2002 “On compulsory civil liability insurance of vehicle owners” (as amended by this Federal Law) is valid until July 1, 2015.
16. Before October 1, 2014, insurers are required to provide insurance rules for types of insurance provided for in subparagraphs 6, 14 of paragraph 1 of Article 32 9 of the Law of the Russian Federation of November 27, 1992 N 4015-I “On the organization of insurance business in the Russian Federation”, in accordance with the provisions of Article 11 1 of the Federal Law of April 25, 2002 N 40-FZ "On compulsory insurance of civil liability of vehicle owners."
17. Establish that until September 1, 2016, the validity period of the established maximum values of the basic rates of insurance tariffs specified in paragraph 3 of Article 8 of the Federal Law of April 25, 2002 N 40-FZ "On compulsory insurance of civil liability of vehicle owners" (as amended of this Federal Law) cannot be less than six months.
18. Establish that until October 1, 2014, the maximum value of wear and tear charged on components (parts, components and assemblies) in accordance with Article 12 of the Federal Law of April 25, 2002 N 40-FZ "On compulsory insurance of civil liability of vehicle owners ", should not exceed 80 percent of their value.
President of Russian Federation
On October 1, 2014, another series of amendments to the law on compulsory motor liability insurance came into force, established by the Federal Law of July 21, 2014 No. 223-FZ “On Amendments to the Federal Law “On Compulsory Civil Liability Insurance of Vehicle Owners” and certain legislative acts of the Russian Federation. Federation".
The main changes are an increase in the insured amount of damage caused to property as a result of an accident and a decrease in the maximum amount of wear of parts when determining the insurance payment.
The insurance amount under MTPL for damage caused to property will be 400 thousand rubles for each vehicle damaged in an accident. But is this news so good for drivers?
For those who purchased the policy earlier, the limits remain the same and under such contracts the maximum payment to victims will be made in the same way as before October 1, 2014 (120 thousand rubles for damage caused to one car, 160 thousand rubles for damage caused to several cars).
As explained in RSA,a car owner with a contract concluded before October 1, 2014 can, if desired, by terminating the old contract and losing 23% of its value, apply for compulsory motor liability insurance with new limits, pAt the same time, your liability to third parties will be more reliably protected.
But will your own car be more reliably protected if you do not have a CASCO policy, but only MTPL?
After all, the new limits on payments for hardware apply only to MTPL agreements drawn up by car owners from today. A lThe amount of insurance payment under MTPL is determined based on the terms of the MTPL agreement concluded with the person at fault for the accident.
Thus, if your contract is drawn up with new limits, and the contract of the person at fault with the old ones, you will be able to receive payment for your damaged car only within the limits that applied before October 1, 2014.
Different limits will apply during a transition period of approximately one year. It was assumed that from October 1, MTPL policies with old limits and new property limits, on new forms, would be processed in parallel.
The form of new policies must be approved by the Bank of Russia, taking into account the new edition of the rules of OSAGO
Since the forms with the new limits have not yet been printed, MTPL insurers have received permission to use the old forms with the corrected limits until their stocks are exhausted. When taking out a policycarefully check whether these corrections have been made to your form
What other changes have taken place and what has been postponed?
From October 1, 2014, under MTPL contracts, the limit value of wear of parts taken into account when determining the insurance payment was reduced to 50% (under contracts concluded before 1 October 2014, the limit value of wear of parts is 80%). Payment for parts that significantly affect the safety of the vehicle is made without taking into account wear and tear.
The planned experiment on the unlimited Euro protocol in MTPL will not begin on October 1, since the government has not yet approved a special resolution on the requirements for means of recording the circumstances of an accident. The tariff increase will most likely occur in mid-October, after the approval of the package of bills presented by the Central Bank.
At the moment, in a number of Russian regions, motorists are faced with an overestimation of the cost of compulsory motor insurance on a daily basis. In this regard, the ability to perform calculations using an independent OSAGO cost calculator is becoming increasingly relevant. This approach allows you to check the accuracy of the insurers' calculations.
Car owners who decide to double-check on their own should remember that an error when choosing a locality will significantly distort the calculation result, so you should be extremely careful when filling out the form for the online compulsory motor insurance cost calculator.
Should we expect an increase in the territorial coefficient?
Not long ago, the Central Bank of Russia announced a possible change in the territorial coefficient in a number of regions and large cities. In accordance with the plans of specialists from the country's main financial institution, the Kt values should have changed by 0.1-0.8 basis points. In total, changes in the cost of the MTPL policy were to affect 31 Russian regions, including plans to increase the coefficient in Arkhangelsk, Kazan, Ulyanovsk, Saransk, Blagoveshchensk, Volgograd, Murmansk and Chelyabinsk. At the same time, an increase in cost was not planned in such cities as Moscow, Yekaterinburg, St. Petersburg, Ufa, Samara and Saratov.
Why did the Central Bank decide to increase the cost of compulsory motor insurance for some regions and leave it unchanged for others? The answer to this question lies in the annual reports of the Russian Union of Auto Insurers (RUA), according to which in certain Russian regions over the past few years there has been a sharp increase in payments for this type of insurance. At the same time, in some localities this indicator has reached a critical level. This is why many insurers simply refuse to issue an insurance policy to clients, citing the lack of forms, or insist on obtaining additional insurance.
In short, the issue of increasing the cost of compulsory motor liability insurance has been brewing for a long time, but today specialists of the Central Bank were forced to temporarily suspend work on changing territorial coefficients. The fact is that this summer the State Duma adopted the amendments to the law on “motor citizenship”, expected by many motorists, which had been discussed since 2012. The main innovation was the expansion of insurers' liability limits. For these purposes, it was even necessary to adopt a separate federal law dedicated exclusively to compulsory motor liability insurance, therefore, given the scale and number of changes, this topic deserves a separate article.
However, it should be noted that these amendments and urgent requests from leading insurers forced Central Bank specialists to address the issue of increasing the base rates of the insurance tariff. Therefore, most likely, in the near future the territorial coefficients will remain unchanged, because the issue of the cost of compulsory motor liability insurance has long ceased to be purely economic. An increase in the price of compulsory car insurance cannot but affect the costs of motorists, and therefore affects the social sphere. It follows from this that a simultaneous increase in base rates and the territorial coefficient will definitely not happen, at least in the MTPL cost calculator for 2014.
True, the temporary suspension of work on increasing the Kt does not mean that the Central Bank completely refuses to increase this coefficient in the above regions.
It is quite possible that some time after the adoption of the updated base rates, the issue of increasing the Kt will arise again. Returning to the issue of increasing basic tariffs, it is worth noting that, according to representatives of the Central Bank, the maximum increase in the cost of compulsory motor liability insurance will be no more than 30%. One way or another, it can be said with a high degree of probability that Russian car owners should still expect an increase in Kt, albeit in the distant future.
How much does MTPL cost in different regions?
In accordance with the current tariff manual, Kt for a specific region or locality is determined using a special table, which is freely available. It is this table that is used to determine the cost of MTPL by Rosgosstrakh, Ingosstrakh, Renaissance, UralSib, AlfaStrakhovanie and other licensed insurers. You can view the list of territorial coefficients for all Russian regions by visiting the RSA website. Here is a table for the largest cities and individual regions, which, among other things, shows the coefficients that the Central Bank planned to introduce. So, today, when calculating the cost of compulsory motor liability insurance in key cities and regions of Russia, the following Kt values are used.
Table 1. CT in the largest cities and regions of the Russian Federation.
the table will scroll to the right| № | City/Region | Average price OSAGO (2013) | Average price OSAGO (2015) | Active Kt (2014) | Projected Kt (2015) |
|---|---|---|---|---|---|
| 01 | Arkhangelsk | 4 300 | 4 550 | 1,8 | 1,9 |
| 02 | Astrakhan | 2 900 | 2 900 | 1,4 | - |
| 03 | Barnaul | 3 700 | 3 700 | 1,7 | - |
| 04 | Belgorod | 2 850 | 2 850 | 1,3 | - |
| 05 | Bryansk | 3 150 | 3 150 | 1,5 | - |
| 06 | Vladivostok | 3 000 | 3 000 | 1,4 | - |
| 07 | Volgograd | 2 725 | 3 100 | 1,3 | 1,5 |
| 08 | Vologda | 3 600 | 3 600 | 1,7 | - |
| 09 | Voronezh | 2 950 | 3 500 | 1,4 | 1,6 |
| 10 | Ekaterinburg | 4 200 | 4 200 | 1,8 | - |
| 11 | Ivanovo | 4 300 | 5 750 | 1,8 | 2,4 |
| 12 | Izhevsk | 3 400 | 3 400 | 1,6 | - |
| 13 | Irkutsk | 3 700 | 3 700 | 1,7 | - |
| 14 | Kazan | 4 600 | 5 400 | 2,0 | 2,3 |
| 15 | Kaliningrad | 2 400 | 2 400 | 1,1 | - |
| 16 | Kaluga | 2 600 | 3 000 | 1,2 | 1,4 |
| 17 | Kemerovo | 4 500 | 4 950 | 1,9 | 2,1 |
| 18 | Kirov | 2 900 | 3 100 | 1,4 | 1,5 |
| 19 | Krasnodar | 4 200 | 4 200 | 1,8 | - |
| 20 | Krasnoyarsk | 4 200 | 4 200 | 1,8 | - |
| 21 | Kursk | 2 650 | 2 900 | 1,2 | 1,3 |
| 22 | Leningradskaya region | 3 450 | 3 450 | 1,6 | - |
| 23 | Lipetsk | 3 150 | 3 150 | 1,5 | - |
| 24 | Magnitogorsk | 3 800 | 4 550 | 1,7 | 2,0 |
| 25 | Makhachkala | 2 200 | 2 200 | 1,0 | - |
| 26 | Moscow | 4 650 | 4 650 | 2,0 | - |
| 27 | Moscow region | 3 700 | 3 700 | 1,7 | - |
| 28 | Murmansk | 3 850 | 5 900 | 1,7 | 2,5 |
| 29 | Embankments Chelny | 3 750 | 4 500 | 1,7 | 2,0 |
| 30 | Nizhny Novgorod | 4 200 | 4 400 | 1,8 | 1,9 |
| 31 | Novokuznetsk | 4 200 | 4 200 | 1,8 | - |
| 32 | Novorossiysk | 4 200 | 4 200 | 1,8 | - |
| 33 | Novosibirsk | 3 700 | 3 700 | 1,7 | - |
| 34 | Omsk | 3 500 | 3 500 | 1,6 | - |
| 35 | Orenburg | 3 700 | 4 425 | 1,7 | 2,0 |
| 36 | Penza | 2 900 | 3 350 | 1,4 | 1,6 |
| 37 | Permian | 4 650 | 4 650 | 2,0 | - |
| 38 | Petropavlovsk- Kamchatsky | 2 400 | 4 400 | 1,1 | 1,9 |
| 39 | Rostov-on-Don | 4 200 | 4 200 | 1,8 | - |
| 40 | Ryazan | 2 900 | 2 900 | 1,4 | - |
| 41 | Samara | 3 550 | 3 550 | 1,6 | - |
| 42 | Saint Petersburg | 4 350 | 4 350 | 1,8 | - |
| 43 | Saratov | 3 500 | 3 500 | 1,6 | - |
| 44 | Sochi | 2 650 | 2 650 | 1,2 | - |
| 45 | Stavropol | 2 650 | 2 650 | 1,2 | - |
| 46 | Syktyvkar | 3 400 | 3 400 | 1,6 | - |
| 47 | Tver | 3 150 | 3 150 | 1,5 | - |
| 48 | Tolyatti | 3 175 | 3 175 | 1,5 | - |
| 49 | Tomsk | 3 450 | 3 700 | 1,6 | 1,7 |
| 50 | Tula | 3 150 | 3 150 | 1,5 | - |
| 51 | Tyumen | 4 650 | 4 650 | 2,0 | - |
| 52 | Ulan-Ude | 2 900 | 3 350 | 1,3 | 1,5 |
| 53 | Ulyanovsk | 2 900 | 4 850 | 1,4 | 2,1 |
| 54 | Ufa | 4 200 | 4 200 | 1,8 | - |
| 55 | Khabarovsk | 3 700 | 3 700 | 1,7 | - |
| 56 | Cheboksary | 3 500 | 4 700 | 1,6 | 2,0 |
| 57 | Chelyabinsk | 4 700 | 5 750 | 2,0 | 2,4 |
| 58 | Cherepovets | 4 200 | 4 200 | 1,8 | - |
| 59 | Yuzhno-Sakhalinsk | 3 175 | 3 175 | 1,5 | - |
| 60 | Yaroslavl | 3 200 | 4 000 | 1,5 | 1,8 |
From the table above it can be seen that if the Kt values developed by Central Bank employees are adopted, individual cities will face a significant increase in the average cost of compulsory motor liability insurance. For example, an increase in the territorial coefficient in Murmansk will entail an increase in the price of compulsory car insurance by approximately 2,000 rubles, and the average cost of compulsory motor insurance for a year for Murmansk motorists will be 5,900 rubles, that is, more than in any other Russian city. And for novice drivers or owners of unlimited insurance, the policy will cost an order of magnitude more. Moreover, the given values are calculated based on the basic MTPL tariff in force in 2014. If this figure increases, the average price for a “citizen car” will increase proportionally.
Many car owners may notice that in this case the price of a car insurance policy is almost equal to the cost of comprehensive insurance. However, here it would be appropriate to recall a number of restrictions provided for by law, including the maximum cost of an auto insurance policy. This value cannot exceed three times the base tariff multiplied by Kt. Consequently, for the same Murmansk, the insurance premium (taking into account the predicted Kt) for passenger cars owned by individuals cannot exceed 10,098 rubles.
Calculating this value is quite simple:
1980*1.7*3=10,098 rubles (where 1.7 is the territory coefficient).
It is worth noting that this rule applies only to insurance contracts concluded for a year and is not applicable when taking out transit insurance, which is valid for no more than 20 days.
How is Kt calculated and what does it depend on?
The value of the territorial coefficient used in calculating the cost of compulsory motor liability insurance depends on several factors. Among them are statistics on unprofitability, prices for spare parts, as well as the cost of a standard hour of repair work. These indicators may differ not only in individual regions, but also in cities located in the same subject of the Russian Federation. For example, in 2014, the average cost of compulsory motor liability insurance in Samara was 375 rubles higher than the price of a policy in Togliatti. Moreover, these cities are not only located in the same region, but are also located only 89 kilometers from each other. However, according to statistics, there are many more expensive foreign-made cars in Samara. Consequently, the average payout is higher. That is why, when calculating the cost of compulsory motor liability insurance for residents of Samara, a higher Kt is included than for Togliatti residents.
You can also use as an example two large cities located in different regions, say, Kazan and St. Petersburg. If we calculate the cost of compulsory motor liability insurance for 2014 for these cities, it turns out that Kt in Kazan exceeds the coefficient for St. Petersburg by 0.2 basis points. At the same time, the average price of a “citizen car” in these cities differs by 250 rubles. In this case, in addition to accident statistics, the geographic location of cities plays a role. The fact is that delivery of spare parts for imported cars to St. Petersburg costs almost half as much as to Kazan. Accordingly, Kazan car enthusiasts pay much more for spare parts than St. Petersburg residents, which in turn affects the average payment in the region.
However, in most Russian regions, the formation of CT is primarily influenced by accident statistics. In addition, over the past few years, the practice of obtaining insurance compensation through the courts has become widespread in some regions.
As a rule, in the vast majority of such cases, the car owner wins the lawsuit, and the insurance company, in addition to paying for damaged property, is forced to pay legal costs, fines and penalties, which often reach tens of thousands of rubles. In the future, such expenses are included in the category of losses under compulsory motor liability insurance, which increases the average payment in the region.
Annual payment statistics for each constituent entity of the Russian Federation can be found in the open reporting of the RSA, posted on the website of this organization. In addition, you can visit the website of the Central Bank, where summary reports on the insurance market are posted, allowing you to assess the loss ratio in a particular region.
How to legally reduce the cost of compulsory motor insurance?
The mentioned increase in base rates will inevitably lead to an increase in the price of compulsory car insurance in all Russian regions. It is possible that already in 2014 the cost of compulsory motor liability insurance will increase by 25-30%. In this regard, a completely logical question arises: what can be done to reduce the insurance premium? It is worth mentioning that the law provides for only one way to reduce the price of an MTPL policy, namely a discount for accident-free operation of a car. In addition, the car owner can ask the insurer to calculate the cost of compulsory motor liability insurance for one month, three months, six months or any other period provided for by the tariff manual, which will allow for a kind of installment payment. However, in addition to this, there are other completely legal ways to reduce the cost of insurance. We will talk about one of them.
Considering that the difference between the cost of compulsory motor insurance in different localities can be several thousand rubles, sometimes a car owner is tempted to transfer his car to a relative or friend living in a city with a lower territorial utilization rate.
In this simple way, you can reduce the cost of a vehicle title by several tens of percent, and sometimes by half. Let's say, a resident of Moscow can register a car to his relative in Kaluga and buy compulsory motor liability insurance with a coefficient of 1.2 instead of 2.0, and a driver from Ulyanovsk will be more profitable to insure the car in Togliatti. According to the calculated data given in Table 1, the difference between the average cost of compulsory motor insurance in Ulyanovsk and Tolyatti exceeds 1,500 rubles. If you do the math, this method allows you to save:
1980*2-1980*1.2=1584 (ruble)*
*Taking into account that all other coefficients are equal to one.
What could such a trick turn out to be?
The benefits are obvious, but we must not forget about possible problems. There is one feature that is worth considering when calculating the cost of compulsory motor liability insurance in this way. Thus, upon the occurrence of an insured event, the insurer determines the amount of compensation taking into account:
- Average prices for spare parts in the region where the car is registered;
- The average cost of a standard hour for service station workers in the same region.
What does all this mean for the policyholder who has decided to reduce the cost of compulsory motor liability insurance for 2014? It is quite logical that the amount of compensation in the event of an insured event will be lower than the expectations of the conventional Muscovite from our example. Accordingly, the amount received is clearly not enough to pay for repairs at one of the capital’s service stations. Someone may say that insurance companies often pay much less than they should, so everything said above is not an argument against saving on compulsory motor liability insurance with the help of CT. However, there is an important nuance worth noting in this regard.
Yes, insurance companies often pay less than expected. However, it is one thing when the amount of compensation is underestimated in relation to Moscow prices, and quite another when it comes to Kaluga prices. Let's look at a specific example:
- In case of an accident, the amount of compensation entitled to a Moscow car owner is 50,000 rubles.
- At the same time, in Kaluga, for similar damage, an expert appraiser will count only 42,000. A difference of as much as 8,000 arises even in the example where the car was not too seriously damaged.
This amount will overnight “cover” the savings on compulsory motor liability insurance for five years in advance, but what will happen if the accident, God forbid, turns out to be more serious? Even if in both cases the insurance company pays only 50% of the due compensation, the difference will be 4,000 rubles. At the same time, judging by user reviews, many insurers significantly underpay in remote regions and small towns.
Of course, the figures given in this paragraph are conditional. However, a difference of 10-20% between prices at metropolitan and regional service stations is by no means uncommon. There are other difficulties that may arise when saving on compulsory motor liability insurance using CT, namely:
- Firstly, you can file a claim at the place of registration of the defendant (insurance company), or at the place of residence of the plaintiff (car owner). It should be noted that often going to court is the only way to recover compensation from the insurer for the loss of marketable value of the car, so almost all owners of new cars are forced to initiate legal proceedings. Most lawyers specializing in car insurance do not recommend filing an application at the place of registration of the insurance company for a number of reasons (which can be discussed in a whole separate article). Accordingly, a resident of Moscow will sue the insurance company at the place of residence of the owner of the car. Accordingly, in our example, the vehicle is registered to a resident of Kaluga, so the claim will have to be filed in this city. It’s good if a friend or relative agrees to independently look for a qualified lawyer in his city and enter into an agreement with him, but it can also be completely different.
- Another problem follows from the one already mentioned earlier: the amount of compensation under compulsory motor liability insurance in the regions is usually lower than in Moscow or other cities with a high CT ratio. This circumstance will directly affect the course of the proceedings if the car owner decides to seek the truth in court. In the event of a positive decision on the claim, the insurer will be required to compensate for damage based on Kaluga prices for spare parts and standard hours for service station workers. Accordingly, the amount received is often lower than in the capital.
Considering all of the above, only one thing can be said - each car owner must independently decide whether it is worth saving on the “automobile license” due to the trick with the territorial coefficient or not. It is important to remember that in the event of an insured event, such an approach can cause many problems.
Summing up
Today, the auto insurance industry is experiencing unprecedented changes, which are designed to increase the scope of liability of insurance companies and simplify the procedure for obtaining compensation. At the same time, it is possible that the cost of the MTPL policy will increase in 2014, which will certainly affect the wallets of all Russian motorists. Considering the upcoming changes, we can only hope that if the cost of compulsory motor liability insurance increases in 2014, Rosgosstrakh, RESO, Ingosstrakh, Soglasie and other major players will be able to increase their income while keeping costs at the same level. This will undoubtedly have a positive impact on this market.
