Federal Law of April 25, 2002 N 40-FZ "On compulsory insurance of civil liability of vehicle owners" (meeting of legislation 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, Art. 6438; 2010, N 6, Art. 565; N 17, Art. 1988; 2011, N 1, Art. four; 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, Art. 4320; 2013, N 19, Art. 2331; N 30, Art. 4084; 2014, N 30, Art. 4224) (hereinafter - the federal law "On compulsory insurance of civil liability of vehicle owners") This Regulation establishes the rules mandatory insurance civil liability of vehicle owners (to this Regulation), the form of an application for the conclusion of a compulsory agreement of civil liability of vehicle owners (to this Regulation), form insurance Polisa. compulsory insurance of civil liability of vehicle owners (to this Regulation), as well as the form of a document containing information on insurance (to this Regulation).
2. The present position is subject to official publication in the "Bulletin of the Bank of Russia" and in accordance with the decision of the Board of Directors of the Bank of Russia (the minutes of the meeting of the Board of Directors of the Bank of Russia dated September 16, 2014 No. 27) enters into force on the day the decree of the Government of the Russian Federation Recognition by invalid the Resolution of the Government of the Russian Federation dated May 7, 2003 No. 263 "On approval of the rules of compulsory insurance of civil liability of vehicle owners" (Meeting of the legislation of the Russian Federation, 2003, N 20, Art. 1897; 2006, N 36, Art. 3833; N 52, Art. 5593; 2007, N 26, Art. 3193; 2008, N 9, Art. 862; N 14, Art. 1409; N 40, Art. 4549; 2009, N 33, Art. 4085; 2011, N 42, Art. 5922; 2012, N 3, Art. 444; N 50, Art. 7055; 2013, N 36, Art. 4578).
3. Paragraph fourth of paragraph 4.1, paragraph of the second paragraph 4.4, (in part limit Insurance payment for the harm caused to the life of the victim) of paragraph 4.4, paragraph three of paragraph 4.22 of Appendix 1 to this Regulation apply from April 1, 2015.
4. The second paragraph of clause 1.1, paragraph of the second paragraph 1.3 (in terms of the instructions on the mandatory insurance policy in the form of an electronic document), Appendix 1 to this Regulation apply from July 1, 2015.
5. To establish that on March 31, 2015 inclusive insurers can use at the conclusion of contracts of compulsory civil liability of the owners of insurance policies of insurance policies made before the entry into force of this Regulation.
1.1. A compulsory insurance contract for the civil liability of vehicle owners (hereinafter referred to as the compulsory insurance contract) is one year, with the exception of cases provided for by "On mandatory insurance of civil liability of vehicle owners." The compulsory insurance contract is the owner vehicle, the persons specified in the contract of compulsory insurance, or with respect to the unlimited number of persons admitted to the owner to manage the vehicle in accordance with the terms of the compulsory insurance contract, as well as other persons using the vehicle on the legitimate basis.
The compulsory insurance contract can be enclosed as by issuing and issuing an insured policy of compulsory insurance on paper, and by drawing up and directed by the insured policy of compulsory insurance in the form of an electronic document in cases and procedure provided for by these Rules.
The insured to conclude a compulsory insurance contract or make changes to it is obliged to provide its personal data, personal data of the vehicle owner, and in the event that the compulsory insurance contract provides for the management of the vehicle by the assessed by the drivers, the personal data of each of the drivers, including in Yourself information and information that should be contained in the statement about the conclusion of a compulsory insurance contract and the documents necessary for the insurer to conclude a compulsory insurance contract in accordance with "On compulsory insurance of civil liability of vehicle owners".
1.2. In the event of a limited use of the vehicle in a statement about the conclusion of the compulsory insurance contract, the period of use of the vehicle, as well as drivers admitted to the management of the vehicle, are indicated.
The insured when filling out the statement about the conclusion of the compulsory insurance contract does not fill the "State Registration Sign", if by the time of the conclusion of the compulsory insurance contract, the owner of which he is, has not passed state registration in the prescribed manner.
1.3. After state registration Vehicle and receipt of the state registration mark The insurer is obliged to inform the number of the state registration sign within three working days by the insurer, which, on the basis of the data obtained, makes the appropriate entry in the form of compulsory insurance insurance policy, and also contributes to the appropriate information to the automated information system Compulsory insurance created in accordance with the Federal Law "On Compulsory Insurance of Civic Liability of Vehicle Owners" (hereinafter referred to as an automated compulsory insurance information system).
When committing registration actions in relation to the vehicle, execution of the responsibility of its owner for insurance for their civil liability is confirmed by presenting an employee of the registering authority of the obligatory insurance policy or the information printed on paper on the conclusion of the compulsory insurance contract in the form of an electronic document.
1.4. A compulsory insurance document is an insurance policy of mandatory insurance issued by the insurer in the form specified in to this Regulation.
At the same time, a list of representatives of the insurer in the constituent entities of the Russian Federation is issued with the insurance policy of the Insured, containing information about the location and postal addresses Insurer, as well as means of communication with them and about the time of their work, two form of notice of a traffic accident.
Forms of notices about the traffic accident are additionally issued by the insurer for free at the request of the person whose responsibility is insured under the obligatory insurance contract.
Insurance policy of mandatory insurance is issued to the insured during the day of receipt money In cash insurer in cash, and in case of payment of the insurance premium in non-cash - no later than the working day, following the day of transfer to the current account of the insurer of the insurance premium.
1.5. The owner of the vehicle in order to conclude a compulsory insurance contract has the right to choose any insurer carrying out compulsory insurance.
The insurer is not entitled to refuse to conclude a compulsory insurance contract to the vehicle owner who applied to him with a statement about the conclusion of the compulsory insurance contract and submitted documents in accordance with the "On compulsory insurance of civil liability of vehicle owners."
1.6. To conclude a compulsory insurance contract, the insured person presents the insurer the documents specified in the Federal Law "On the obligatory insurance of civil liability of vehicle owners".
Cases of submission of documents necessary to conclude a compulsory insurance contract in the form of electronic documents may be provided for by the Agreement of the Parties.
The insurer does not have the right to demand from the insured presentation of the original documents provided for by "On compulsory insurance of civil liability of vehicle owners", in case of conclusion by the insured of the compulsory insurance contract with the insurer, with whom the previous compulsory insurance contract was concluded, if there is no information that presented by the insured Copies of documents or electronic documents contain irrelevant information.
1.7. When concluding a compulsory insurance contract, the insurer has the right to inspect the vehicle, including at the place of residence of the insured - individual (at the location of the insured - legal entity) Unless otherwise provided by agreement of the parties.
1.8. Together with the statement about the conclusion of the compulsory insurance contract, the insured person provides insurer information about insurance received from the insurer, with whom the previous compulsory insurance contract was concluded.
Insurance information is not provided by the person comprising a compulsory insurance contract with the insurer, with whom the previous compulsory insurance contract was concluded.
When concluding a compulsory insurance contract, providing for the management of the vehicle only by the indicated by the insured driver, the policyholder provides the insurer information about insurance against each driver specified.
When concluding a compulsory insurance contract without limiting persons admitted to the vehicle management, the policyholder provides insurer information about insurance against the owner of the vehicle.
When concluding an obligatory insurance contract, the insurer verifies the compliance with the insured by the insured information about insurance and information specified in the application for the conclusion of the compulsory insurance contract, the information contained in the automated information system of mandatory insurance and in a single automated information system technical inspection.
When identifying a non-compliance between the information provided by the insured, the information and information contained in the automated information system of mandatory insurance and (or) in a single automated technical inspection information system, the insurer concludes a compulsory insurance contract based on the information provided by the insured person, except in cases provided for in these Rules. Information about the owners of vehicles who submitted the insurer knowingly false information in case this information entail a decrease in the size of the insurance premium, is entered into an insurer into an automated information system of compulsory insurance and is used when concluding a compulsory insurance contract for new term To apply the appropriate coefficient of insurance tariffs.
1.9. If a limited use of the vehicle is specified in the compulsory insurance contract, the insurer must immediately report in writing to the insurer before the transfer of vehicle management to the driver, not specified in the insurance policy of mandatory insurance, on the emergence of the right to manage this vehicle, as well as changes The period of using the vehicle compared to the compulsory insurance contract specified in the contract. The policyholder is obliged to inform the insurer to increase the period of using the vehicle before the expiration of the mandatory insurance period specified in the contract.
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Also, the Central Bank introduces new requirements for insurers: when conclusion insurance contract Through the site of the Russian Union of motorways (Rs, the guarantee system), the insurer must control the "legitimacy of the use" of this system, including by the Bank of Russia. For this insurance companies Each transition to the guarantee system will be recorded.
The fact that the electronic policy will enter into force three days after registration will help to avoid situations where the car owner who fell into an accident and not bought the policy of OSAGO, draws it in in electronic format RBC stated right at the site of the event, RSA said. The ability to register on one phone number only one personal Area It will help in the fight against unscrupulous intermediaries issuing policies on other persons, consider in Rs. A number of technical innovations - changing the encryption key, file requirements and others will simplify the procedure for concluding electronic Polisa. Osago, agree in the RSA.
How does fraud scheme works
The driver requests a request to arrange an E-Osago policy, that when filling out an application for the policy enters incorrect data about the car, region or power, which significantly underestimate the cost of the policy, but the data identification number Vehicle (TC) and its registration number (VIN) fits correctly. Then in the photo edits, the data on the brand of the machine, the region and other changes are already on the right, and the policy decorated to be cheap on the files, after the adjustment is printed and sold at a real price of a suspected driver, and the difference fraudsters are put in his pocket. At the occurrence insurance case Due to the discrepancy between data in the database of the insurer and paper payment, the driver does not receive.
Initially electronic passenger It was introduced to protect against "street brokers" and for the convenience of customers: so that the car owner could arrange the policy without leaving the house. The reality is that some have a bad computer or do not want to spend time on filling the policy, so a person is looking for an alternative way and refers to "assistants" on a third-party site that may be fraudsters. Fraudsters can be mostly mediators who offer on the Internet to arrange the driver of the E-Osago policy. Now the work of such sites is not settled.
The position of the Bank of Russia of September 19, 2014 N 431-P
"On the rules of compulsory insurance of civil liability of vehicle owners"
With changes and additions from:
May 24, 2015, November 14, 2016, April 6, August 11, December 25, 2017, April 16, 2018, March 13, October 8, 2019
1. On the basis of articles 5. and paragraph 11 of Article 15 Federal law of April 25, 2002 N 40-FZ "On compulsory insurance of civil liability of vehicle owners" (meeting of the 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, Art. 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, Art. 4320; 2013, N 19, Art. 2331; N 30, Art. 4084; 2014, N 30, Art. 4224; N 45, Art. 6154; 2015, N 48, Art. 6715; 2016, N 22, Art. 3094; N 26, Art. 3883; N 27, Art. 4293; 2017, N 14, Art. 2008; No. 31, Art. 4746 (hereinafter referred to as the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners") This Regulation establishes Rules of compulsory civil liability insurance owner in vehicles ( attachment 1 to this Regulation), the form of an application for the conclusion of a compulsory insurance contract for the civil liability of vehicle owners ( appendix 2. to this Regulation), the form of an insurance policy of mandatory insurance of civil liability of vehicle owners ( appendix 3. to this Regulation), the form of a document containing insuring information ( appendix 4. to this Regulation), the form of a traffic incident ( appendix 5. to this Regulation) and the form of an application for insurance compensation or direct compensation losses ( appendix 6. to this Regulation).
2. This position is subject to official publication In the "Bulletin of the Bank of Russia" and in accordance with the decision of the Board of Directors of the Bank of Russia (the minutes of the meeting of the Board of Directors of the Bank of Russia dated September 16, 2014, N 27) comes into force from the date of entry into force decisions decisions Government of the Russian Federation of May 7, 2003 N 263 "On approval of the rules of compulsory insurance of civil liability of vehicle owners" (meeting of the legislation of the Russian Federation, 2003, N 20, Art. 1897; 2006, N 36, Art. 3833; N 52, . 5593; 2007, N 26, Art. 3193; 2008, N 9, Art. 862; N 14, Art. 1409; N 40, Art. 4549; 2009, N 33, Art. 4085; 2011, N 42, . 5922; 2012, N 3, Art. 444; N 50, Art. 7055; 2013, N 36, Art. 4578).
5. To establish that until March 31, 2015, inclusive insurers can use when concluding contracts for compulsory insurance of civil liability of vehicle owners blanks insurance policies made to entry into force of this Regulation.
6. Unless otherwise follows from the law, other legal acts or the creatures of the legal relationship, the present situation applies to persons who intend to conclude a compulsory insurance contract for the civil liability of vehicle owners.
Registration N 34204.
From September 1, 2013, to approve the RF Rules are authorized by the Bank of Russia, and not the Government of the Russian Federation. A relevant position has been developed taking into account the amendments made to the CCAMA law.
Polis will be issued not only in paperbut also in electronic. As before, the validity period is 1 year.
The policy is issued during the day of the receipt of funds in cash insurer cash, and when paying a premium in non-cash - no later than the working day, following the day of the transfer of funds.
The owner of the vehicle can choose any insurer. No one has the right to refuse the procedure when contacting a statement and the necessary documents.
The insurance premium is calculated by the insurer based on tariffs defined with the requirements, installed by the Bank Russia.
The provisions on the independent technical expertise are enshrined, about the design of documents on an accident without the participation of authorized police officers.
It is provided for issuing a referral of repair during damage to nature.
The application forms on the conclusion of the OSAGO Agreement, Polis, Insurance Information are updated.
There is a number of transitional provisions in terms of determining insurance payments. So, until April 1, 2015, 135 thousand rubles are listed for causing harmlessness of the victim of the victim (persons who have the right to compensation for harm in the event of the death of the victim); no more than 25 thousand rubles. - For burial.
On March 31, 2015, inclusive insurers have the right to use the forms of policies, made before the entry into force of the situation.
The situation enters into force from the moment of recognition of the Rules of OSAGO, approved by the Government of the Russian Federation, with the exception of individual norms.
Regulation of the Bank of Russia of September 19, 2014 N 431-P "On the rules of compulsory insurance of civil liability of vehicle owners"
Registration N 34204.
Present position enters into force from the date of entry into force decisions Governments of the Russian Federation on recognition by invalid decisions Government of the Russian Federation of May 7, 2003 N 263 "On approval of the rules of compulsory civil liability of vehicle owners"
This document amended the following documents:
Note Bank of Russia of March 13, 2019 N 5092-y
