Article 11 of the Federal Law on Compulsory Insurance. New OSAGO Law
Is acting Edition from 07.05.2013
Title document | FEDERAL LAW of 04.25.2002 N 40-ФЗ (as amended on 05/07/2013 as amended on 05/08/2013) "ON COMPULSORY INSURANCE OF CIVIL LIABILITY OF VEHICLE OWNERS" |
Type of document | law |
Host body | president of rf, gd rf, sf rf |
Document Number | 40-FZ |
Date of adoption | 07.05.2002 |
Revision Date | 07.05.2013 |
Date of registration in the Ministry of Justice | 01.01.1970 |
Status | acts |
Publication |
|
Navigator | Notes |
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FEDERAL LAW of 04.25.2002 N 40-ФЗ (as amended on 05/07/2013 as amended on 05/08/2013) "ON COMPULSORY INSURANCE OF CIVIL LIABILITY OF VEHICLE OWNERS"
In order to protect the rights of victims to compensation for harm caused to their life, health or property when using vehicles by other persons, this Federal Law defines the legal, economic and organizational basis for compulsory civil liability insurance of vehicle owners (hereinafter - compulsory insurance).
the place of residence (location) of the victim - the place of residence of a citizen determined in accordance with civil law or the location of a legal entity recognized as victims;
compulsory civil liability insurance contract for vehicle owners (hereinafter referred to as the compulsory insurance contract) is an insurance contract under which the insurer undertakes to compensate the injured for their life caused by the event upon the occurrence of the event (insured event) stipulated in the contract , health or property (to make insurance payment) within the amount determined by the contract (insurance amount). The contract of compulsory insurance is concluded in the manner and on the conditions provided for by this Federal Law, and is public;
policyholder - a person who has concluded a compulsory insurance contract with the insurer;
insurer - an insurance organization that is entitled to carry out compulsory insurance of civil liability of vehicle owners in accordance with a permit (license) issued by the federal executive authority for supervision of insurance activities in the manner established by the legislation of the Russian Federation;
Insured event - the occurrence of civil liability of the vehicle owner for harm to life, health or property of the injured when using the vehicle, entailing, in accordance with the contract of compulsory insurance, the obligation of the insurer to make insurance payment;
insurance rates - the price rates established in accordance with this Federal Law, applied by insurers in determining the insurance premium under a compulsory insurance agreement and consisting of base rates and ratios;
Compensation payments - payments that are made in accordance with this Federal Law in cases where the insurance payment for compulsory insurance cannot be made;
the representative of the insurer in the constituent entity of the Russian Federation (hereinafter referred to as the representative of the insurer) is a separate subdivision of the insurer (branch) in the constituent entity of the Russian Federation that exercises, within the limits provided for by civil law, the powers of the insurer to review the claims of victims regarding insurance payments and their implementation, or another insurer performing these powers at the expense of the insurer who has concluded the compulsory insurance contract on the basis of the contract with the insurer;
Direct damages - damages to property of the victim, carried out in accordance with this federal law by the insurer who insured the civil liability of the victim - the owner of the vehicle.
1. The legislation of the Russian Federation on compulsory insurance of civil liability of vehicle owners consists of the Civil Code of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation issued in accordance with them.
2. If other rules are established by an international treaty of the Russian Federation than those provided for by this Federal Law, the rules of the international treaty shall apply.
The basic principles of compulsory insurance are:
a guarantee of compensation for harm caused to the life, health or property of victims, to the extent established by this Federal Law;
universality and compulsory liability insurance of vehicle owners;
inadmissibility of using vehicles on the territory of the Russian Federation whose owners have not fulfilled the obligation to insure their civil liability established by this Federal Law;
the economic interest of vehicle owners in improving road safety.
Chapter II Terms and conditions of compulsory insurance1. Owners of vehicles are obliged, under the conditions and in the manner established by this Federal Law and in accordance with it, to insure the risk of their civil liability, which may arise as a result of harm to life, health or property of other persons when using vehicles.
The liability liability insurance covers the owners of all vehicles used in the Russian Federation, with the exception of cases provided for in paragraphs 3 and 4 of this article.
2. If a right to own a vehicle arises (acquires it, obtains it in economic management or operational management, etc.), the vehicle owner is obligated to insure his civil liability before registering the vehicle, but no later than ten days after the right to own it .
3. The liability liability insurance does not apply to owners:
a) vehicles with a maximum design speed of not more than 20 kilometers per hour;
b) vehicles that, according to their technical characteristics, are not subject to the provisions of the legislation of the Russian Federation on the admission of vehicles to participate in traffic on the territory of the Russian Federation;
c) vehicles of the Armed Forces of the Russian Federation, other troops, military units and bodies in which military service is provided, with the exception of buses, cars and trailers for them, other vehicles used to support the economic activities of the Armed Forces of the Russian Federation, other troops military units and organs;
(as amended by the Federal Law of June 23, 2003 N 77-ФЗ)
D) vehicles registered in foreign countries, if the civil liability of the owners of such vehicles is insured within the framework of international civil liability insurance systems for vehicle owners to which the professional association of insurers acts, in accordance with this Federal Law (hereinafter - international insurance systems) ;
D) car trailers owned by citizens.
4. The liability for liability insurance does not apply to the owner of the vehicle, the liability risk of which is insured by another person (policyholder) in accordance with this Federal Law.
5. Vehicle owners who have insured their civil liability in accordance with this Federal Law may additionally voluntarily insure themselves in case of insufficiency of insurance payment for compulsory insurance for full compensation of harm caused to life, health or property of victims, as well as in case of occurrence liability not related to insurance risk for compulsory insurance (Article 6 of this Federal Law).
6. Owners of vehicles whose liability risk is not insured in the form of compulsory and (or) voluntary insurance shall compensate the harm caused to the life, health or property of the victims, in accordance with civil law.
Persons who violate the requirements for compulsory civil liability insurance of vehicle owners established by this Federal Law are liable in accordance with the legislation of the Russian Federation.
1. The procedure for the implementation of the rights and obligations of the parties specified in this Federal Law and other federal laws under a compulsory insurance contract is established by the Government of the Russian Federation in the rules of compulsory insurance.
2. The rules of compulsory insurance, along with other provisions, include the following provisions:
A) the procedure for concluding, amending, extending, prematurely terminating a compulsory insurance contract;
b) the procedure for paying insurance premiums;
c) a list of actions of persons in the implementation of compulsory insurance, including in the event of an insured event;
d) the procedure for determining the amount of compensable losses and making insurance payments;
e) the procedure for resolving compulsory insurance disputes.
3. The rules of compulsory insurance may also contain provisions of this Federal Law and other federal laws that determine the terms of the contract of compulsory insurance.
1. The object of compulsory insurance is property interests associated with the risk of civil liability of the vehicle owner for obligations arising from damage to life, health or property of the injured when using the vehicle in the Russian Federation.
2. The insurance risk for compulsory insurance includes the occurrence of civil liability for the obligations specified in paragraph 1 of this article, with the exception of cases of liability due to:
a) harm when using a vehicle other than that specified in the contract of compulsory insurance;
b) causing moral harm or the occurrence of an obligation to compensate for lost profits;
c) causing harm when using vehicles during competitions, trials or driving in specially designated places;
d) environmental pollution;
e) damage caused by the effect of the transported cargo, if the risk of such liability is subject to compulsory insurance in accordance with the law on the corresponding type of compulsory insurance;
f) causing harm to the life or health of employees in the performance of their labor duties, if this damage is compensable in accordance with the law on the appropriate form of compulsory insurance or compulsory social insurance;
g) the obligation to compensate the employer for losses caused by harm to the employee;
h) damage caused by the driver to the vehicle driven by it and to the trailer to it, the cargo transported by them, the equipment installed on them and other property;
i) causing harm when loading cargo onto a vehicle or unloading it;
j) damage or destruction of antique and other unique objects, buildings and structures of historical and cultural significance, products from precious metals and precious and semiprecious stones, cash, securities, religious objects, as well as works of science, literature and art, other intellectual property;
k) the obligations of the vehicle owner to compensate for the damage that exceeds the amount of liability stipulated by the rules of Chapter 59 (in the event that a higher amount of liability is established by federal law or by agreement).
l) damage to life, health, property of passengers during their transportation, if this damage is subject to compensation in accordance with the legislation of the Russian Federation on compulsory insurance of civil liability of the carrier for damage to life, health, property of passengers.
In the event of civil liability of vehicle owners in the cases specified in this paragraph, the damage caused shall be compensated by them in accordance with the legislation of the Russian Federation.
The insured amount, within which the insurer undertakes to indemnify the injured party upon the occurrence of each insured event (regardless of their number during the term of the compulsory insurance contract), is:
a) regarding compensation for damage caused to the life or health of each victim, not more than 160 thousand rubles;
B) regarding compensation for damage caused to the property of several victims, not more than 160 thousand rubles;
c) regarding compensation for damage caused to the property of one victim, not more than 120 thousand rubles.
1. State regulation of insurance tariffs is carried out through the establishment of economically sound insurance tariffs or their maximum levels in accordance with this Federal Law, as well as the structure of insurance tariffs and the procedure for their application by insurers when determining the insurance premium under a compulsory insurance contract.
2. Insurance rates for compulsory insurance (their maximum levels), structure of insurance rates and the procedure for their application by insurers when determining the insurance premium under a compulsory insurance agreement, with the exception of insurance rates (their maximum levels), structure of insurance rates and the procedure for their application by insurers insurance premiums under international insurance systems are established by the Government of the Russian Federation in accordance with this Federal Law.
At the same time, the share of the insurance premium used in calculating insurance rates and directly intended for making insurance and compensation payments to victims cannot be less than 80 percent of the insurance premium.
3. The validity period of the established insurance rates may not be less than six months.
A change in insurance tariffs does not entail a change in the insurance premium under the compulsory insurance contract during its validity period, paid by the policyholder at the current insurance tariffs in force at the time of payment.
4. Full or partial compensation to certain categories of policyholders of the insurance premiums paid by them by increasing insurance premiums for other categories of policyholders is not allowed.
5. Annual statistics on compulsory insurance are subject to official publication by the federal executive body for the supervision of insurance activities.
1. Insurance rates consist of base rates and odds. Insurance premiums under compulsory insurance contracts are calculated as the product of base rates and insurance tariff ratios.
The basic rates of insurance tariffs are set depending on the technical characteristics, design features and purpose of vehicles, significantly affecting the probability of harm when using them and the potential size of the harm done.
2. The coefficients included in the insurance tariffs are set depending on:
a) the territory of preferential use of the vehicle, which is determined for individuals based on the place of residence of the vehicle owner specified in the vehicle passport or certificate of registration of the vehicle or in the passport of a citizen, for legal entities - at the place of registration of the vehicle;
b) the presence or absence of insurance payments made by insurers in previous periods when compulsory insurance of civil liability of the owners of the vehicle, and in the case of compulsory insurance with limited use of the vehicle, providing for driving the vehicle only by the drivers indicated by the policyholder, the presence or absence of insurance payments, made by insurers in previous periods in the implementation of mandatory Achievement of the civil liability of each of these drivers;
c) technical characteristics of vehicles;
d) seasonal use of vehicles;
e) other circumstances significantly affecting the amount of insurance risk.
2.1. For cases of compulsory third party liability insurance of citizens using their vehicles, insurance rates also establish coefficients that take into account whether the condition that the drivers specified by the policyholder are allowed to drive the vehicle and, if such a condition is provided, their driving experience, age.
3. In addition to the coefficients established in accordance with clause 2 of this article, insurance rates provide for the coefficients that are used for mandatory civil liability insurance of vehicle owners:
knowingly false information to the insurer about the circumstances requested by him, affecting the insurance premium under the compulsory insurance contract, which entailed its payment in a smaller amount compared to the amount that would have been paid if the vehicle owners had provided reliable information;
intentionally assisted in the occurrence of an insured event or an increase in losses associated with it, or deliberately distorted the circumstances of the occurrence of an insured event in order to increase the insurance payment;
who caused harm under the circumstances that formed the basis for the submission of a recourse claim (this Federal Law).
The coefficients specified in this clause are applied by insurers upon conclusion or extension of a compulsory insurance contract for a year following the period in which the insurer became aware of the completion of the actions provided for in this clause (inaction).
4. The maximum size of the insurance premium under a compulsory insurance contract may not exceed three times the base rate of insurance tariffs adjusted for the territory of preferential use of the vehicle, and when applying the coefficients established in accordance with paragraph 3 of this article, its five-fold amount.
5. Insurance rates may additionally provide for basic rates and coefficients used by insurers in the course of compulsory insurance of civil liability of vehicle owners registered in foreign states and temporarily used in the territory of the Russian Federation.
6. Insurance rates established in accordance with this Federal Law are mandatory for use by insurers. Insurers are not entitled to apply rates and / or coefficients other than those established by insurance rates.
1. The validity period of a compulsory insurance contract is one year, with the exception of cases for which this article provides for other periods of validity of such a contract.
Paragraph 2 - Forfeited.
2. Owners of vehicles registered in foreign countries and temporarily used in the territory of the Russian Federation enter into compulsory insurance contracts for the entire period of temporary use of such vehicles, but for no less than 5 days.
(as amended by the Federal Law of 01.12.2007 N 306-ФЗ)
3. The owner of the vehicle is entitled to conclude a compulsory insurance contract for a period not exceeding 20 days in the absence of documents specified in subparagraph "e" of paragraph 3 of Article 15 of this Federal Law, in the event of:
a) the acquisition of a vehicle (purchase, inheritance, acceptance as a gift and the like) in order to proceed to the place of registration of the vehicle. In this case, the owner of the vehicle is obliged to conclude a compulsory insurance contract for one year before registration in accordance with the provisions of paragraph 1 of this article;
b) following to the place of technical inspection of the vehicle, repeated technical inspection of the vehicle.
1. If the policyholder is a participant in a traffic accident, he is obliged to inform other participants of the specified accident, upon their request, about the compulsory insurance contract, under which the civil liability of the owners of this vehicle is insured.
The obligation stipulated by this clause is also assigned to the driver who drives the vehicle in the absence of the policyholder.
2. On cases of causing harm when using the vehicle, which may entail civil liability of the insured, he is obliged to inform the insurer within the time period established by the contract of compulsory insurance and the method specified by this contract.
In this case, the insurer must satisfy the insurer and act in accordance with his instructions before satisfying the claims of the victims regarding compensation for harm caused to them, and if the insured is sued, bring the insurer to participate in the case. Otherwise, the insurer has the right to raise objections to the claim for insurance payment that he had regarding claims for compensation for the damage caused.
3. If the victim intends to exercise his right to insurance payment, he is obliged to notify the insurer of the occurrence of the insured event as soon as possible.
4. The provisions of this Federal Law relating to victims shall also apply to persons who have suffered damage as a result of the death of the breadwinner, the heirs of the victims and other persons who, in accordance with civil law, are entitled to compensation for harm caused to them when using vehicles by other persons.
5. In order to resolve the issue of making insurance payment, the insurer accepts documents about a traffic accident drawn up by authorized police officers, with the exception of the case provided for in clause 8 of this article.
6. Documents on a traffic accident can be executed in the presence of an insurer or a representative of an insurer who arrived according to a message from a participant in a traffic accident.
7. Drivers of vehicles involved in a traffic accident shall fill out forms of traffic accident notices issued by insurers. Drivers inform policyholders of a traffic accident and the completion of such notice forms.
8. Without the participation of authorized police officers, paperwork on a traffic accident can be carried out in the manner determined by the Government of the Russian Federation, if the following circumstances exist simultaneously:
B) a traffic accident occurred with the participation of two vehicles, the civil liability of the owners of which is insured in accordance with this Federal Law;
c) the circumstances of the damage caused by damage to property as a result of a road accident, the nature and list of visible damage to vehicles do not cause disagreement among the participants in the road accident and are recorded in the notices of the road accident, the forms of which were filled in by the drivers involved in the road accident vehicle accident in accordance with the rules of compulsory insurance.
9. In the event that documents about a traffic accident were completed without the participation of authorized police officers, the completed traffic accident notification forms together with the victim's application for insurance payment are sent to the insurer to determine the amount of losses to be compensated.
The insurer has the right to appoint an independent examination of vehicles involved in a traffic accident in case of detection of contradictions regarding the nature and list of visible damage to vehicles and (or) the circumstances of the damage caused by property damage resulting from a traffic accident recorded in the submitted traffic accident notices.
10. In the event that documents about a traffic accident were completed without the participation of authorized police officers, the amount of insurance indemnity due to the victim in compensation for damage caused to his property cannot exceed 25 thousand rubles.
11. A victim who has received insurance payment on the basis of clauses 8–10 of this article shall not have the right to submit to the insurer additional claims for compensation for damage caused to his property as a result of such a traffic accident.
The victim has the right to contact the insurer, who has insured the civil liability of the person who caused the damage, for compensation for damage that has been caused to life or health, arising after the presentation of the claim for insurance payment and which the victim did not know at the time of the presentation of the claim.
1. The amount of the insurance indemnity due to the victim in respect of compensation for harm caused to his health shall be calculated by the insurer in accordance with the rules of Chapter 59
The amount of insurance payment for causing harm to the life of the victim is:
135 thousand rubles - to persons entitled in accordance with civil law to compensation for harm in the event of the death of the victim (breadwinner);
Not more than 25 thousand rubles for reimbursement of burial expenses - to persons who have incurred these expenses.
1.1. The victim is obliged to provide the insurer with all documents and evidence, as well as provide all known information confirming the amount and nature of the harm caused to the life or health of the victim.
2. In the event of damage to property, the victim, intending to exercise his right to insurance payment, is obliged to submit the damaged property or its remains to the insurer for inspection and (or) organization of an independent examination (assessment) in order to clarify the circumstances of the damage and determine the amount of damages to be compensated.
If the inspection and (or) independent examination (assessment) of the damaged property or its residues submitted by the victims does not allow us to reliably establish the existence of the insured event and the amount of losses to be compensated under the compulsory insurance agreement, the insurer has the right to inspect the vehicle of the insured to clarify these circumstances, when used, the victim was harmed, and (or) at his own expense entitled to organize and pay for an independent examination in relation to this nsportnogo means. The policyholder is required to provide this vehicle at the request of the insurer.
2.1. The amount of compensable losses in case of damage to the property of the victim is determined:
a) in the event of the complete destruction of the property of the victim, in the amount of the actual value of the property on the day the insured event occurs. Full loss means cases where repair of damaged property is impossible or the cost of repairing damaged property is equal to its value or exceeds its value at the date of the insured event;
b) in the event of damage to the property of the victim - in the amount of expenses necessary to bring the property to the state in which it was before the insured event occurred.
2.2. The expenses referred to in clause 2.1 of this article shall also include the costs of materials and spare parts necessary for restoration repairs, and the costs of paying for work related to such repairs. The amount of expenses for materials and spare parts is determined taking into account the wear of components (parts, assemblies and assemblies) to be replaced during restoration repair, in the manner established by the Government of the Russian Federation. At the same time, the specified components (parts, assemblies and assemblies) may not be charged with wear and tear of more than 80 percent of their value.
3. The insurer is obliged to inspect the damaged property and (or) organize its independent examination (assessment) within no more than five working days from the date of the appropriate appeal of the victim, unless otherwise agreed by the insurer with the victim.
If the nature of the damage or the features of the damaged property preclude its submission for inspection and organization of an independent examination (assessment) at the location of the insurer and (or) expert (for example, damage to a vehicle that excludes its participation in traffic), the said inspection and independent examination (assessment) is carried out at the location of the damaged property within the time period established by this paragraph.
The compulsory insurance contract may provide for other periods during which the insurer must arrive to inspect and (or) organize an independent examination (assessment) of the damaged property, taking into account the territorial features of their conduct in remote, remote or sparsely populated areas. If, based on the results of the inspection of the damaged property by the insurer, the insurer and the victim have agreed on the size of the insurance payment and do not insist on organizing an independent examination (assessment) of the damaged property, such examination may not be carried out.
(as amended by the Federal Law of 01.12.2007 N 306-ФЗ)
4. If, after an inspection by the insurer of the damaged property, the insurer and the victim have not agreed on the size of the insurance payment, the insurer is obliged to organize an independent examination (assessment), and the victim must provide the damaged property for an independent examination (assessment).
If the insurer has not inspected the damaged property and (or) has not organized its independent examination (assessment) within the time period specified in clause 3 of this article, the victim shall have the right to independently apply for such examination (assessment) without presenting the damaged property to the insurer for inspection.
5. The cost of an independent examination (appraisal), on the basis of which the insurance payment is made, is included in the losses to be compensated by the insurer under the compulsory insurance agreement.
6. The insurer has the right to refuse the victim in the insurance payment or part thereof, if the repair of the damaged property or the disposal of its residues, carried out before the inspection and (or) independent examination (assessment) of the damaged property in accordance with the requirements of this article, does not allow to reliably establish the existence of the insured event and the amount of losses to be reimbursed under the compulsory insurance contract.
7. In order to clarify the circumstances of the occurrence of the insured event, to establish damage to the vehicle and their causes, technology, methods and cost of its repair, an independent technical examination of the vehicle is carried out.
The rules for conducting an independent technical examination of a vehicle, requirements for expert technicians, including the conditions and procedure for their professional certification and maintaining the state register of expert technicians, are approved by the federal executive body authorized by the Government of the Russian Federation.
1. The victim shall have the right to present directly to the insurer a claim for compensation for harm caused to his life, health or property, within the insurance amount. The application of the victim containing the claim for insurance payment, with the documents attached to it about the occurrence of the insured event and the amount of damage to be compensated, is sent to the insurer at the location of the insurer or his representative, authorized by the insurer to consider these claims of the victim and make insurance payments.
The location and mailing address of the insurer, as well as all its representatives in the constituent entities of the Russian Federation, the means of communication with them and information about the time of their work should be indicated in the insurance policy.
2. The insurer considers the application of the victim for insurance payment and the documents attached to it provided for by the rules of compulsory insurance within 30 days from the day they are received. During the specified period, the insurer is obliged to make insurance payment to the victim or send him a reasoned refusal to make such payment.
In case of failure to fulfill this obligation, the insurer shall pay the penalty (fines) to the victim in the amount of one seventy-fifth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day the insurer was to fulfill this obligation, from the amount of insurance established by this Federal Law for the type of compensation for damage to every victim.
The amount of the penalty (penalty) payable to the victim may not exceed the amount of the sum insured for the type of compensation for harm to each victim established by this Federal Law.
Until the full determination of the amount of damage to be compensated, the insurer, upon the application of the victim, is entitled to make part of the insurance payment corresponding to the actually determined part of the specified damage.
By agreement with the victim and under the conditions provided for by the contract of compulsory insurance, the insurer shall be entitled to arrange and pay for the repair of the damaged property against insurance payments.
3. When several victims apply in case of damage to their life or health as a result of one insured event, insurance payments must be made taking into account the requirements of Article 12 of this Federal Law.
If the amount of claims made by several victims to the insurer on the day of the first insurance payment for compensation for damage caused to property in this insurance event exceeds the insurance amount established by this Federal Law, insurance payments are made in proportion to the ratio of this insurance amount to the amount of the said claims of victims (subject to insurance restrictions payments regarding compensation for damage caused to the property of one victim, in accordance with Article 7 of this Federal Law Kona).
4. The insurer is exempted from the obligation to make insurance payment in cases stipulated by law and (or) the compulsory insurance contract.
1. The insurer has the right to submit a recourse claim to the person who caused the harm in the amount of the insurance payment made by the insurer if:
as a result of the intent of the indicated person, harm was inflicted on the life or health of the victim;
the damage was caused by the indicated person while driving while intoxicated (alcoholic, narcotic or otherwise);
the specified person did not have the right to drive a vehicle, during the use of which he was harmed;
the specified person fled the scene of the accident;
the specified person is not included in the compulsory insurance contract as a person authorized to drive a vehicle (upon conclusion of the compulsory insurance contract with the condition that the vehicle is used only by the drivers specified in the compulsory insurance contract);
the insured event occurred when the indicated person used the vehicle during the period not provided for by the compulsory insurance contract (upon conclusion of the compulsory insurance contract with the condition of using the vehicle during the period provided for by the compulsory insurance contract);
at the time of the insured event, a diagnostic card has expired containing information on the vehicle's mandatory safety requirements for vehicles, a passenger taxi, a bus or a truck designed and equipped for transporting people with more than eight seats (except for driver), a specialized vehicle designed and equipped for the transport of dangerous goods.
Part Two - Lost Power.
(as amended by Federal Law of 01.07.2011 N 170-ФЗ)
2. The insurer has the right to submit a recourse claim in the amount of the insurance payment to the technical inspection operator, which issued a diagnostic card containing information on the vehicle's compliance with the mandatory vehicle safety requirements, if the insured event occurred due to a vehicle malfunction and such a malfunction was detected at the time of 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 referred to in paragraphs 1 and 2 of this article reimbursement of expenses incurred in considering the insured event.
1. The victim has the right to submit a claim for compensation for harm caused to his property directly 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 is caused only to property;
B) a traffic accident occurred with the participation of two vehicles, the civil liability of the owners of which is insured in accordance with this Federal Law.
2. The insurer, who insured the civil liability of the victim, assesses the circumstances of the traffic accident set forth in the notice of the traffic accident and, on the basis of the submitted documents, makes compensation to the victim at his request in accordance with the rules of compulsory insurance.
3. The exercise of the right to direct compensation for losses does not limit the right of the victim to apply to the insurer, who has insured the civil liability of the person who caused the damage, for compensation for damage that has been caused to life or health, which has arisen after presenting a claim for insurance payment and which the victim did not know at the time making a claim.
4. The insurer who insured the civil liability of the victim shall compensate the damage caused to the property of the victim in the amount of the insurance payment on behalf of the insurer who insured the civil liability of the person who caused the harm (provides direct compensation for losses), in accordance with the agreement on direct compensation for losses ( of this Federal Law) subject to the provisions of this article.
5. The insurer who has made direct compensation for losses has the right to claim the amount of the insurance payment to the insurer who insured the civil liability of the person who caused the damage, or to the person who caused the damage in the cases provided for by this Federal Law.
6. The insurer, who insured the civil liability of the person who caused the damage, is obliged to reimburse the insurer who made direct compensation for losses to the injured party in accordance with the agreement on direct compensation for losses (this Federal Law) against the insurance payment under the compulsory insurance contract.
1. Compulsory insurance is carried out by vehicle owners by concluding compulsory insurance agreements with insurers, in which vehicles are indicated whose civil liability is insured.
2. The compulsory insurance contract is concluded with respect to the owner of the vehicle, persons indicated by him in the compulsory insurance contract, or with respect to an unlimited number of persons admitted by the owner to drive the vehicle in accordance with the terms of the compulsory insurance contract, as well as other persons using the vehicle legally.
3. In order to conclude a compulsory insurance contract, the policyholder shall submit to the insurer the following documents:
a) an application for the conclusion of a compulsory insurance contract;
b) a passport or other identification document (if the policyholder is an individual);
C) certificate of state registration of a legal entity (if the policyholder is a legal entity);
d) a document on the registration of a vehicle issued by the authority registering the vehicle (vehicle passport, certificate of registration of the vehicle, technical passport or technical coupon or similar documents);
e) a driver’s license or a copy of a driver’s license of a person authorized to drive a vehicle (in the event that a compulsory insurance contract is concluded provided that only certain persons are allowed to drive the vehicle);
E) a diagnostic card containing information on the vehicle's compliance with the mandatory vehicle safety requirements (unless, in accordance with the legislation in the field of technical inspection of vehicles, the vehicle is not subject to technical inspection or is not required, or the procedure and frequency of technical inspection shall be established by the Government of the Russian Federation, or the frequency of technical inspection of such a transport This amount is six months, as well as cases provided for in Article 10 of this Federal Law).
Zakonbase: The provisions of subparagraph "e" of paragraph 3 of Article 15 (as amended by this Federal Law) extend to legal relations arising from January 1, 2012 (paragraph 6 of Article 5 of the Federal Law of 28.07.2012 N 130-ФЗ)
4. By agreement of the parties, the policyholder is entitled to submit copies of the documents necessary for concluding a compulsory insurance contract. In cases provided for by the rules of compulsory insurance, these documents may be submitted in the form of electronic documents.
(as amended by Federal Law of 01.07.2011 N 170-ФЗ)
5. When concluding a compulsory insurance contract, the owner of a vehicle registered in a foreign country and temporarily used in the territory of the Russian Federation shall submit the documents specified in subparagraphs b, d, d of paragraph 3 of this article, as well as one of the documents referred to in subparagraph "e" of paragraph 3 of this article, or a technical inspection document issued in a foreign state and recognized in the Russian Federation in accordance with the international treaty of the Russian Fed eration.
6. Owners of vehicles used to transport passengers on regular routes are obliged to inform passengers about their rights and obligations arising from the compulsory insurance contract in accordance with the requirements established by the federal executive body in the field of transport.
Clause 6.1. - Lost power.
7. When concluding a compulsory insurance contract, the insurer gives the policyholder an insurance policy, which is a document certifying the implementation of compulsory insurance, and also enters the information specified in the application for the conclusion of the compulsory insurance contract and (or) provided at the conclusion of this contract into the automated information system of compulsory insurance created in accordance with this Federal Law. The compulsory insurance policy form is a strict reporting document.
(as amended by Federal Law of 01.07.2011 N 170-ФЗ)
Zakonbase: Clause 7 is suspended from 01/01/2013 to 06/30/2014 (Federal Law of December 25, 2012 N 267-ФЗ
8. During the term of the compulsory insurance contract, the policyholder shall immediately inform the insurer in writing about the change in the information specified in the application for the conclusion of the compulsory insurance contract.
9. Upon receipt of a notice from the policyholder on changes in the information specified in the application for the conclusion of the compulsory insurance contract and (or) provided upon conclusion of this contract, the insurer makes changes to the compulsory insurance policy, as well as to the automated information system of compulsory insurance created in accordance with from this federal law.
(as amended by Federal Law of 01.07.2011 N 170-ФЗ)
Zakonbase: Clause 9 is suspended from 01/01/2013 to 06/30/2014 (Federal Law of December 25, 2012 N 267-ФЗ
10. Upon termination of the compulsory insurance contract, the insurer shall provide the insurer with information on the number and nature of the insured events, on the insurance payments made and on the forthcoming insurance payments, on the duration of the insurance, on the claims considered and outstanding by the victims about insurance payments and other insurance information during the validity period compulsory insurance agreement (hereinafter - insurance information). Information about insurance is provided by insurers free of charge in writing, and is also entered into the automated information system for compulsory insurance created in accordance with this Federal Law.
(as amended by the Federal Law dated 01.07.2011 N 170-ФЗ)
Information about insurance is provided by the vehicle owner to the insurer during the implementation of compulsory insurance in subsequent periods and is taken into account by the insurer when calculating the insurance premium under the compulsory insurance agreement.
10.1. The conclusion of a compulsory insurance contract without entering insurance information into the automated information system of compulsory insurance created in accordance with this Federal Law and verifying the compliance of the information provided by the policyholder with the information contained in the automated information system of compulsory insurance and the unified automated information system for technical inspection of information is not allowed.
(as amended by the Federal Law dated 01.07.2011 N 170-ФЗ)
11. The federal executive body authorized by the Government of the Russian Federation shall establish a form for an application for concluding a compulsory insurance contract, a form for compulsory insurance policy and a form for a document containing insurance information.
(as amended by the Federal Law of July 23, 2008 N 160-ФЗ)
1. Vehicle owners have the right to conclude compulsory insurance contracts taking into account the limited use of vehicles owned or owned by them.
The limited use of vehicles owned or owned by citizens is recognized as driving only the drivers specified by the policyholder and (or) seasonal use of vehicles for three or more months in a calendar year.
The limited use of vehicles owned or owned by legal entities recognizes their seasonal use, in particular the use of snowplows, agricultural, irrigation and other special vehicles for six months or more in a calendar year.
The owner of the vehicle is entitled to notify the insurer in writing of these circumstances when concluding a compulsory insurance contract. In this case, the insurance premium under the compulsory insurance agreement, which takes into account the limited use of the vehicle, is determined using the coefficients provided for by insurance rates and taking into account the driving experience, age and other personal data of the drivers allowed to drive the vehicle, and (or) provided for by the obligatory agreement insurance period of its use (Article 9 of this Federal Law).
2. When carrying out compulsory insurance, taking into account the limited use of the vehicle, the insurance policy shall indicate the drivers who are allowed to drive the vehicle, including on the basis of the corresponding power of attorney, and (or) the period of use specified in the compulsory insurance agreement.
3. During the term of the compulsory insurance agreement, taking into account the limited use of the vehicle, the policyholder must immediately inform the insurer in writing about the transfer of control of the vehicle to drivers not specified in the insurance policy as authorized to drive the vehicle, and (or) to increase the period its use beyond the period specified in the contract of compulsory insurance. Upon receipt of such a message, the insurer makes the appropriate changes to the insurance policy. At the same time, the insurer has the right to demand the payment of an additional insurance premium in accordance with insurance tariffs for compulsory insurance in proportion to the increase in risk.
1. Disabled persons (including children with disabilities) who have vehicles in accordance with medical indications, or their legal representatives are compensated in the amount of 50 percent of the insurance premium they paid under a compulsory insurance contract.
The specified compensation is provided subject to the use of the vehicle by a person entitled to such compensation, and along with it no more than two drivers.
Compensation of insurance premiums under a compulsory insurance contract is an expense obligation of the Russian Federation.
The Russian Federation delegates to the state authorities of the constituent entities of the Russian Federation the right to pay insurance premiums to persons with disabilities under a compulsory insurance contract established by this article.
Funds for the implementation of the delegated powers to provide these social support measures are provided for in the federal budget in the form of subventions.
The amount of funds provided for by the budget of a constituent entity of the Russian Federation is determined on the basis of the number of persons entitled to these social support measures, as well as the amount of insurance premiums calculated in accordance with this Federal Law.
Subventions are credited in the manner prescribed for the execution of the federal budget to the accounts of the budgets of the constituent entities of the Russian Federation.
The procedure for spending and accounting funds for the provision of subventions is established by the Government of the Russian Federation.
The state authorities of the constituent entities of the Russian Federation submit a quarterly report to the federal executive body, which is developing a unified state financial, credit, monetary policy, on the expenditure of the granted subventions, indicating the number of persons entitled to these social support measures, categories of recipients, as well as indicating volume of expenses incurred. If necessary, additional reporting data is presented in the manner determined by the Government of the Russian Federation.
Funds for the implementation of these powers are targeted and cannot be used for other purposes.
If the funds are used for other purposes, the authorized federal executive body has the right to recover the specified funds in the manner established by the legislation of the Russian Federation.
Control over the expenditure of funds is carried out by the federal executive body, which exercises control and supervision functions in the financial and budgetary sphere, and the federal executive body, which exercises control and supervision functions in the sphere of healthcare and social development. Accounts Chamber of the Russian Federation.
Bodies of state power of the constituent entities of the Russian Federation are entitled to vest the laws of the constituent entities of the Russian Federation with the local self-government of settlements, municipal districts and urban districts with the authority to pay disabled persons compensation for insurance premiums under the compulsory insurance contract established by this article.
2. State authorities of the constituent entities of the Russian Federation and local governments within their powers are entitled to establish full or partial compensation of insurance premiums under compulsory insurance contracts to other categories of citizens. Sources of financing and the procedure for the provision of these compensations are determined in accordance with regulatory legal acts of the constituent entities of the Russian Federation and regulatory legal acts of local authorities.
Chapter III. Compensation Payments1. Compensation payment in respect of compensation for harm caused to the life or health of the victim is carried out in cases where insurance payment for compulsory insurance cannot be made due to:
b) revocation of the license from the insurer for insurance activities;
c) the unknown person responsible for the harm caused to the victim;
D) the absence of a compulsory insurance contract, under which the civil liability of the person who caused the harm is insured, due to failure to fulfill the insurance obligation established by this Federal Law.
2. Compensation payment in respect of compensation for damage caused to the property of the victim shall be made in cases where the insurance payment for compulsory insurance cannot be made due to:
a) applying bankruptcy procedures to the insurer as provided for by federal law;
b) revocation of the license from the insurer to carry out insurance activities.
3. On the territory of the Russian Federation, foreign citizens, stateless persons and foreign legal entities shall be entitled to receive compensation payments on an equal basis with citizens of the Russian Federation and Russian legal entities.
Paragraphs 4 - 5 - expired.
6. A claim at the request of the victim for compensation payments may be brought within three years.
1. According to the requirements of the victims, compensation payments are made by a professional association of insurers, acting on the basis of constituent documents and in accordance with this Federal Law.
The consideration of victims' claims for compensation payments, the implementation of compensation payments and the exercise of claim rights provided for in this Federal Law may be carried out by insurers acting at the expense of a professional association on the basis of agreements concluded with it.
2. The rules established by the legislation of the Russian Federation for relations between the beneficiary and the insurer under a compulsory insurance contract shall apply to relations between the victim and the professional association of insurers regarding compensation payments by analogy. The relevant provisions apply insofar as otherwise is not provided for by federal law and does not follow from the essence of such relations.
Compensation payments are established:
In terms of compensation for harm caused to the life or health of each victim, in the amount of not more than 160 thousand rubles, taking into account the requirements of Article 12 of this Federal Law;
in terms of compensation for damage caused to the property of several victims, in the amount of not more than 160 thousand rubles and not more than 120 thousand rubles in case of damage to the property of one victim.
Moreover, the specified compensation payments are reduced by an amount equal to the amount made by the insurer and (or) the person responsible for the damage caused to partial compensation of harm.
(as amended by the Federal Law)
1. The amount of the compensation payment made to the victim in accordance with subparagraphs and clause 1 of Article 18 of this Federal Law shall be recovered in recourse to the claim of the professional association of insurers from the person responsible for the harm caused to the victim.
(as amended by the Federal Law dated July 21, 2005 N 103-FZ (as amended on December 1, 2007))
The professional association of insurers also has the right to demand from the specified person compensation for the expenses incurred to consider the victim's claim for compensation.
2. Within the limits of the compensation payment made to the victim in accordance with subparagraphs and paragraphs 1 and 2 of Article 18 of this Federal Law, the right to claim insurance payments for compulsory insurance that the victim has with the insurer shall be transferred to the professional association of insurers.
(as amended by the Federal Law dated July 21, 2005 N 103-FZ (as amended on December 1, 2007))
Chapter IV Insurers1. The insurer must have a representative in each constituent entity of the Russian Federation authorized to consider the claims of victims regarding insurance payments and to make insurance payments.
2. Insurers must be members of a professional association of insurers operating in accordance with this Federal Law.
3. A necessary requirement for an insurance organization applying for a permit (license) for compulsory insurance of civil liability of vehicle owners is that this insurance organization has at least two years of experience in carrying out operations on insurance of vehicles or civil liability of their owners.
Insurers and their representatives should be located in premises adapted to fulfill their functions.
4. The insurer has the right to carry out insurance operations within the framework of international insurance systems, provided that this insurer is included in the list of insurers engaged in insurance operations within the framework of international insurance systems. The maintenance of this list is carried out by a professional association of insurers.
5. To be included in the list of insurers engaged in insurance operations under international insurance systems, the insurer must:
a) be a member of a professional association of insurers;
b) contribute to the current liabilities fund, formed by a professional association of insurers in accordance with this Federal Law, a contribution in the amount equivalent to 500 thousand euros at the rate of the Central Bank of the Russian Federation established on the day of payment.
6. Information about the insurers included in the list of insurers engaged in insurance operations within the framework of international insurance systems shall be sent to the federal executive body for supervision of insurance activities within 30 days from the date of inclusion in the specified list.
7. The professional association of insurers is obliged to quarterly publish the list of insurers carrying out insurance operations within the framework of international insurance systems on its official website in the information and telecommunication network "Internet" and publish it in the print media with a circulation of at least 10 thousand copies .
1. The organization of the conclusion of compulsory insurance contracts and the placement of advertisements for the services of specific insurers for compulsory insurance in premises and territories occupied by state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local governments are prohibited.
2. If, in the course of compulsory insurance, the difference between the insurer's income and expenses for the first quarter, six months, nine months, the calendar year (reporting period) exceeds 5 percent of the said income, the excess amount is sent by the insurer to form an insurance reserve to compensate for expenses making insurance payments and direct compensation for losses in subsequent periods (stabilization reserve for compulsory insurance) until this reserve reaches a value equal to 10 percent of the amount insurance reserve of incurred but undeclared losses, formed by the insurer for making insurance payments on compulsory insurance (reserve of incurred but undeclared losses on compulsory insurance) at the end of the reporting period.
3. In the implementation of compulsory insurance, insurers form:
reserve for financial support of compensation payments provided for by subparagraphs and paragraph 1 and paragraph 2 of Article 18 of this Federal Law (reserve of guarantees);
(as amended by the Federal Law dated July 21, 2005 N 103-FZ (as amended on December 1, 2007))
reserve for financial support of compensation payments made in accordance with subparagraphs and paragraph 1 of Article 18 of this Federal Law (reserve of current compensation payments).
(as amended by the Federal Law dated July 21, 2005 N 103-FZ (as amended on December 1, 2007))
The amount of contributions to the reserve of guarantees and the reserve of current compensation payments are established in accordance with the structure of insurance rates.
Chapter V. Professional Association of Insurers1. The professional association of insurers is a non-profit organization, which is a single all-Russian professional association based on the principle of compulsory membership of insurers and operating in order to ensure their interaction and the formation of professional rules for the implementation of compulsory insurance, as well as to ensure that technical inspection of vehicles in in accordance with the legislation in the field of technical inspection of vehicles in.
(as amended by the Federal Law dated 01.07.2011 N 170-ФЗ)
2. A professional association of insurers is created with the consent of the federal executive body for the supervision of insurance activities.
A professional association of insurers is created and operates in accordance with the provisions of the legislation of the Russian Federation provided for in relation to associations (unions). The specified provisions apply subject to the specifics of the status of a professional association of insurers established by this Federal Law.
3. The professional association of insurers is open to the entry of new members.
The constituent documents of a professional association must contain a provision on the consent of the members of the professional association to the entry of insurance organizations that meet the requirements that, in accordance with the constituent documents of the professional association, are presented to the members of the professional association.
1. Professional association of insurers:
a) ensures the interaction of its members in the implementation of compulsory insurance, develops and establishes the rules of professional activity binding on the professional association and its members and monitors their compliance;
B) represents and protects in government bodies, local authorities, other bodies and organizations interests related to the implementation by members of a professional association of compulsory insurance;
c) makes compensatory payments to victims in accordance with the constituent documents of a professional association and the requirements of this Federal Law, and also exercises the rights of claim provided for by this Federal Law;
c.1) organizes the provision of its members with forms of compulsory insurance policies and forms used in insurance operations within the framework of international insurance systems, and monitors the use of these forms;
D) compensates for the missing part of the assets during the transfer of the insurance portfolio at the expense of the funds intended for compensation payments, in accordance with the Federal Law of October 26, 2002 N 127-ФЗ "On insolvency (bankruptcy)";
d.1) carries out, in accordance with the legislation in the field of technical inspection of vehicles, the accreditation of technical inspection operators, maintains a register of accredited technical inspection operators;
(as amended by the Federal Law dated 01.07.2011 N 170-ФЗ)
Subparagraph d.2) - Repealed.
D) performs other functions provided for by the constituent documents of a professional association in accordance with its goals and objectives.
2. A professional association of insurers is entitled to:
create and use information systems containing information on compulsory insurance, including information on compulsory insurance contracts and insured events, personal data on policyholders and victims, with the provision of requirements for the protection of restricted information established by the legislation of the Russian Federation;
protect in court the interests of members of a professional association related to their compulsory insurance;
carry out the functions assigned to it in accordance with the legislation of the Russian Federation for information, organizational and technical support for the implementation of this Federal Law, including functions related to the activities of members of a professional association within the framework of international insurance systems.
A professional association of insurers is entitled to carry out other activities provided for by its constituent documents in accordance with the goals defined by this Federal Law.
A professional association may carry out commercial activities only to the extent that it serves the achievement of the goals for which it was created and corresponding to these goals.
In accordance with the legislation in the field of technical inspection of vehicles, a professional association of insurers checks applicants for compliance with established accreditation requirements and monitors the activities of technical inspection operators for compliance with established accreditation requirements and the rules for technical inspection.
(as amended by the Federal Law dated 01.07.2011 N 170-ФЗ)
1. The professional association of insurers shall establish the rules binding on the professional association and its members and containing requirements regarding:
a) the procedure and conditions for consideration by members of a professional association of claims of victims of insurance payments under compulsory insurance contracts concluded by other members of the professional association, the procedure and conditions for making said insurance payments;
b) the procedure and conditions for the professional association to make compensation payments to victims, including the order of satisfaction of the specified requirements in case of insufficient funds of the professional association, and the procedure for the distribution of responsibility among its members for the obligations of the professional association related to the implementation of compensation payments;
b.1) the terms of the agreement between members of a professional association of insurers on direct compensation for losses;
c) the procedure for financing compensation payments by members of a professional association, measures to control the targeted use of appropriate funds, the procedure for maintaining professional accounting records for operations with funds intended for compensation payments;
c.1) the actions of members of the professional association of insurers and their paperwork when transferring the insurance portfolio, as well as additional conditions and features of the transfer of the insurance portfolio, including the choice of the insurer to whom the insurance portfolio is transferred, when applying measures to prevent the insurer's bankruptcy and during the procedures applied in the bankruptcy case of the insurer, the procedure for determining the amount and payment to the insurer to whom the insurance portfolio has been transferred, the corresponding remuneration;
D) the creation and use of information systems of a professional association containing information of limited access, as well as the protection of information in these systems;
e) the procedure for entry into the professional association of new members and withdrawal or exclusion of members from it;
f) the conditions and the procedure for the formation and expenditure of funds of a professional association for purposes other than the financing of compensation payments, including the procedure for the distribution of relevant costs, payments, fees and contributions between its members;
g) qualifications of employees;
h) documentation, accounting and reporting rules;
i) protection of the rights of policyholders and victims related to compulsory insurance, including the procedure for considering their complaints about the actions of members of a professional association;
j) procedures for conducting inspections of the activities of members of a professional association for compulsory insurance and their compliance with established rules, including the creation of a control body and the procedure for familiarizing other members of a professional association with the results of these inspections, as well as requirements for ensuring transparency of information for such inspections;
k) sanctions and other measures against members of a professional association, their officials and employees, the procedure for applying and recording such sanctions and other measures, as well as monitoring their implementation;
l) resolving disputes between members of a professional association that arose when one of the members of a professional association considered the claims of victims and made insurance payments under compulsory insurance contracts concluded by another member of a professional association, as well as other issues of professional activity on compulsory insurance;
N) the rules of professional activity related to the activities of the professional association of insurers and the activities of its members within the framework of international insurance systems and the requirements set forth within such systems, including the procedure for paying contributions, forming and using the fund of current obligations, setting insurance tariffs and procedures their application in determining the insurance premium, as well as the structure of insurance tariffs, including the share of the insurance premium intended for compensation for conclusion of an insurance contract;
О) other rules of professional activity on compulsory insurance, the establishment of which is referred to the competence of a professional association by decision of its members;
o) the procedure for recording, storing, destroying and transmitting insurance policy forms;
p) establishing the share of remuneration for concluding a compulsory insurance contract from an insurance premium paid by the policyholder under a compulsory insurance contract, within the limits of the insurer's expenses for compulsory insurance;
c) the procedure for maintaining and submitting accounting books of concluded compulsory insurance contracts, co-insurance contracts, loss accounting books and prematurely terminated insurance contracts, co-insurance contracts.
r) the procedure for providing the members of the professional association of insurers with forms of compulsory insurance policies and forms used in insurance operations within the framework of international insurance systems, and the use of these forms depending on the financial stability and solvency of the members of the professional association of insurers, as well as compliance with membership conditions professional association of insurers.
1.1. The requirements specified in subparagraphs "a" - "d", "n", "p" - "t" of paragraph 1 of this article are established and changed by a professional association of insurers in agreement with the federal executive body, which carries out the functions of developing state policy and legal regulation in the field of insurance activities, the requirements specified in subparagraph "t" of paragraph 1 of this article regarding the procedure for providing members of the professional association of insurers with compulsory insurance forms and forms used in insurance operations within the framework of international insurance systems, also in agreement with the federal executive body, which carries out the functions of adopting regulatory legal acts and monitoring compliance with antitrust laws, other requirements provided for in paragraph 1 of this article - by a professional association of insurers subject to notification of the federal executive authority for supervision of insurance activities in the established e tim body order.
2. In the event that the rules of professional activity established by a professional association of insurers violate the rights of other persons, including victims, policyholders, insurance companies that are not members of the professional association, persons whose rights are violated, and the federal executive body for the supervision of insurance activities the right to file a lawsuit on the recognition of these rules as invalid or a lawsuit on making amendments to them.
Persons whose rights are violated have the right to demand compensation from the professional association of insurers for losses caused to them.
1. An agreement on direct compensation for losses is concluded between members of a professional association of insurers. Such an agreement defines the procedure and terms of settlements between the insurer who made direct compensation for losses and the insurer who insured the civil liability of the person who caused the harm.
Settlements between these insurers can be made by reimbursing the amount of paid losses for each claim or based on the number of satisfied claims during the reporting period and the average amount of insurance payments.
Funds intended for financing compensation payments are reflected on separate balance sheets of a professional association, and separate accounting is kept for them. For settlements on activities related to the implementation of each of these types of compensation payments, a separate bank account is opened by a professional association.
The funds intended for financing compensation payments cannot be levied upon the obligations of a professional association of insurers if the occurrence of such obligations is not related to the implementation of compensation payments for compulsory insurance.
(as amended by the Federal Law of 14.06.2012 N 78-FZ)
2.1. In order to fulfill its financial obligations to participants in international insurance systems, a professional association of insurers forms a fund of current obligations.
3. Investment of temporarily free funds of a professional association is carried out on the conditions of diversification, repayment, profitability and liquidity solely for the purpose of preserving and increasing these funds.
article 20 of this Federal Law shall be used to finance compensation payments.
6. The financial activities of a professional association of insurers are subject to a mandatory annual audit.
An independent audit organization and the terms of the contract that a professional association of insurers are required to conclude with it are approved by the general meeting of members of the professional association.
7. The annual report and annual balance sheet of a professional association after they are approved by the general meeting of members of the professional association are subject to publication annually.
The size, procedure for payment by members of a professional association of insurers of contributions, deposits and other obligatory payments to a professional association shall be established by the general meeting of members of the professional association in accordance with this Federal Law, other regulatory legal acts of the Russian Federation and the constituent documents of the professional association. For insurers to carry out insurance operations within the framework of international insurance systems, constituent documents of a professional association of insurers may provide for a different procedure for establishing the size and payment of mandatory contributions.
Chapter VI. Final provisions1. The executive authorities of the Russian Federation, the executive authorities of the constituent entities of the Russian Federation, local governments, organizations and citizens are obliged to provide free of charge, at the request of insurers and their professional association, the information that they have, regarding which there is a requirement to ensure its confidentiality and which connected with insured events for compulsory insurance or with events that served as the basis for the presentation by the victims of claims about whom ensatsionnyh payments.
The internal affairs bodies also provide insurers, upon their request, with information on the registration of vehicles with the owners of which insurers have concluded compulsory insurance contracts.
Insurers and their professional association are required to comply with the protection regimes established by the legislation of the Russian Federation, the processing mode of the information they receive and with respect to which there is a requirement to ensure its confidentiality, and the procedure for its use, and in case of violation thereof they shall bear responsibility provided for by the legislation of the Russian Federation.
2. Insurers shall be obliged to report information on concluded, extended, invalid and terminated compulsory insurance contracts to the internal affairs bodies.
The procedure for providing the information provided for by this clause is established by the internal affairs bodies of the Russian Federation in agreement with the federal executive authority for supervision of insurance activities.
3. In order to provide information support for the implementation of compensation payments, direct compensation for losses, application of the coefficient included in insurance tariffs and the stipulated clause 2 of Article 9 of this Federal Law, analysis of the economic feasibility of insurance tariffs, interaction with insurers that have entered into ground transportation insurance contracts with victims , and the implementation of other provisions of this Federal Law, an automated information system of a mandatory country is being created insurance containing information about compulsory insurance contracts, insured events, vehicles and their owners, statistical data and other necessary information about compulsory insurance.
(as amended by Federal Law of 01.07.2011 N 170-ФЗ)
The information contained in the information system is provided with free access, with the exception of information of limited access. Limited access information is provided to state authorities, insurers and their professional associations, other bodies and organizations in accordance with their competence defined by the legislation of the Russian Federation and in the manner prescribed for them.
The lists of information provided without fail by state authorities, insurers, other persons for inclusion in the information system, the procedure for providing users with the information contained therein, as well as the bodies and organizations responsible for collecting and processing this information are approved by the Government of the Russian Federation.
The operator of the automated information system of compulsory insurance, organizing and (or) processing the information generated in it, is a professional association of insurers.
(as amended by Federal Law of 01.07.2011 N 170-ФЗ)
The operator of the automated mandatory insurance information system exercises the following powers:
organizes and (or) carries out the processing of personal data generated in the automated information system of compulsory insurance in accordance with the legislation of the Russian Federation in the field of personal data in order to ensure the implementation of the provisions of this Federal Law;
(as amended by Federal Law of 01.07.2011 N 170-ФЗ)
takes the necessary organizational and technical measures to protect personal data from unlawful or accidental access to it, destruction, alteration, blocking, copying, distribution of personal data, as well as from other illegal actions;
Carries out other powers related to achieving the goal of creating an automated information system for compulsory insurance.
(as amended by Federal Law of 01.07.2011 N 170-ФЗ)
4. The procedure for interaction between the automated information system of compulsory insurance and the unified automated information system of technical inspection, created in accordance with the legislation in the field of technical inspection of vehicles, is established by the federal executive body authorized by the Government of the Russian Federation.
(as amended by Federal Law of 01.07.2011 N 170-ФЗ)
5. Information is exchanged for direct loss compensation in the automated information system of direct compensation for losses, which is part of the automated information system of compulsory insurance and contains information about insured events, vehicles, their owners, drivers of vehicles, compulsory insurance contracts, insurers and other information necessary for the organization of settlements between insurers in accordance with the agreement on direct compensation for losses (present of the Federal Law).
The collection and processing of information generated in the automated information system for direct compensation for losses, the organization of settlements between insurers in accordance with the agreement on direct compensation for losses, other actions necessary for the implementation of the provisions of this Federal Law are carried out by a legal entity defined by a professional association of insurers in accordance with the transferred functions and powers professional association of insurers.
(as amended by Federal Law of 01.07.2011 N 170-ФЗ)
1. In the case of temporary use of a vehicle registered in the territory of the Russian Federation, in the territory of a foreign country where international insurance systems are applied, the owner of such a vehicle is obligated to insure the risk of his civil liability for obligations arising from injuries to life, health or property of victims when using a vehicle in the territory of a specified foreign state, for the period of temporary use vehicle, but not less than 15 days.
2. The conditions under which civil liability insurance of vehicle owners registered in foreign countries and temporarily used in the territory of the Russian Federation is carried out in the framework of international insurance systems must comply with the legislation of the Russian Federation on insurance, normative legal acts of the Government of the Russian Federation that determine the rules of mandatory insurance.
3. The conditions under which the insurance of civil liability of vehicle owners registered in the Russian Federation and temporarily used in the territories of foreign countries in which international insurance systems are applied under international insurance systems must comply with the requirements and rules of such international systems.
4. Coordination of the participation of a professional association of insurers in international insurance systems is carried out by the federal executive body, which carries out the functions of developing state policy and legal regulation in the field of insurance.
1. Control over the performance by owners of vehicles of the insurance obligation established by this Federal Law is carried out by the police when registering and exercising their other powers in the field of monitoring compliance with traffic rules, as well as regulatory legal acts in the field of road safety. A driver of a vehicle is obliged to have a compulsory insurance policy with him and to transfer it to check for compulsory third party liability insurance of vehicle owners, come into force from the date of the official publication of this Federal Law.
6. If the size of the stabilization reserve for compulsory insurance formed on March 31, 2010 and for subsequent reporting periods until December 31, 2012 exceeds the limit value specified in clause 5 of this article, the insurer brings the size of the stabilization reserve for compulsory insurance in accordance with the specified limit value.
7. If the stabilization reserve for compulsory insurance specified in Section 22 of this Federal Law as of December 31, 2012 exceeds 10 percent of the size of the reserve for incurred but undeclared losses for compulsory insurance, the insurer brings its size in accordance with the specified amount.
On the Zakonbase website you will find the FEDERAL LAW of 04.25.2002 N 40-ФЗ (as amended on 05/07/2013 as amended on 05/08/2013) "ON COMPULSORY INSURANCE OF CIVIL LIABILITY OF OWNERS OF VEHICLES" in the fresh and full version, in which all changes and amendments are made. This ensures the relevance and accuracy of the information.
At the same time, you can download the FEDERAL LAW of 04.25.2002 N 40-ФЗ (as amended on 05/07/2013 as amended on 05/08/2013) "ON COMPULSORY INSURANCE OF CIVIL LIABILITY OF OWNERS OF VEHICLES" can be completely free, either in full or in separate chapters.
In many countries of the world, civil liability of drivers is subject to compulsory insurance, Russia is no exception. This article will describe the legislative act governing liability insurance, as well as the objectives of its creation, the main provisions and innovations and changes.
The main provisions of 40 Federal Law
The Federal Law "On Compulsory Third Party Liability Insurance of Vehicle Owners" was adopted by members of the State Duma in April 2002 (04/03/02). The Federation Council approved this bill 6 days after its publication on April 10 of that year. The official entry into force of the 40th Federal Law falls on April 25, 2002.
goal The publication of this legislative act is due to the protection of victims of road traffic accidents, as well as compensation for damage to victims at the expense of the insurance company, which issued an insurance policy. The provisions of this Law on OSAGO state that liability insurance is mandatory for all drivers. The absence of a motor third party liability insurance policy is regarded as a violation of this Federal Law No. 40, and therefore the driver will be held liable.
The Federal Law "On Compulsory Third Party Liability Insurance of Vehicle Owners" dated 04.25.2002 consists of six chapters:
- general provisions of the Federal Law No. 40 - concepts, principles;
- the rules for the implementation of motor third party liability insurance - the rules for using the CTP insurance policy, its validity period, the amount paid for insurance, the amount of insurance premiums and other;
- provisions on compensation payments - the procedure for making and the right to receive compensation payments in accordance with the policy of compulsory motor liability insurance;
- activities of insurers in accordance with this law;
- provisions on the professional association of insurers;
- final aspects of the 40th law - regulation of the implementation of the law, entry into force and more.
Recent changes to the law on compulsory motor liability insurance
Many years have passed since the publication of this Law on CTP insurance; accordingly, the act has undergone many changes over the previous period. The new OSAGO law, with all amendments, entered into force on September 25, 2017. However, the decision to amend and supplement this Federal Law No. 40 was made in March 2017.
New in the Law on Compulsory motor liability insurance was introduced on the basis of Federal Law No. 49. The amendments and additions were necessary to improve the rules for motor third party liability insurance. For the most part, changes are directed:
- to determine the time period for the analysis of the accident that happened by the insurance company. Analysis of vehicle damage is carried out within five working days. The established five-day period is counted from the day of the accident on the road;
- to facilitate the process of conducting an independent examination at the scene of a traffic accident;
- to increase the period provided for filing a complaint with an insurance company that issued an insurance policy. In accordance with this Law No. 40, this period is 10 days;
- innovations say that the period of validity of the insurance policy of OSAGO is 12 months;
- in connection with the adopted changes, the amounts of compensation are not paid to the driver, as it was before, but are transferred to the account of the company engaged in the repair of the vehicle;
- adopted an innovation to increase the limit of the insured amount in accordance with Europrotocol. Now the limit is 100 thousand rubles;
- amendments to the Law on Compulsory Third-Party Liability Insurance from September 2017 allow you to purchase an insurance policy via the Internet.
Recent changes in No. 40-FZ have affected some articles of this legislative act.
Article 1 of the Law on CTP No. 40
The text of this article is devoted to the basic concepts used in the law. In it, on the basis of 49 laws, additions were made in the form of one paragraph. The innovation introduced reveals the concept of a contract for the organization of restoration repair. The conclusion of this contract between the insurer and the company carrying out repair and restoration work with a broken motor vehicle is carried out against insurance compensation.
4th article of this Federal Law
Article 4 of the Federal Law No. 40 contains provisions on the obligations of vehicle owners to insure their civil liability. In its text it is indicated that the obligation to purchase an insurance policy does not apply to:
- vehicles with a capacity of not more than 20 km / h;
- motor vehicles belonging to the armed forces of Russia;
- cars registered in foreign countries, if they have an insurance policy of international level;
- trailers owned by car owners;
- and etc.
Changes to Article 12
The provisions of this article disclose the conditions and rules for the implementation of insurance compensation for OSAGO insurance. In the latest edition, it was decided to replace the phrase “insurance payments” with “insurance indemnities”. Also, with the latest amendments to Federal Law No. 40 in Article 12, amendments were made to paragraph 15. The supplement, put into effect in September 2017, reveals the essence of the requirements for restoration work with a vehicle, and also contains provisions for self-repair.
Section 14
Its provisions state the rules and the possibility of recourse claims. According to the text of this article of the Law on CTP, the insurer is entitled to file a recourse against the citizen who caused the damage in the following cases:
- the victim was injured intentionally;
- the damage was committed while intoxicated - alcoholic, narcotic;
- the driver did not have the right to drive this vehicle;
- the citizen who caused the damage left the scene of a traffic accident;
- other circumstances stipulated by this Federal Law.
26 article of the Federal Law on CTP
The provisions of this article govern the rules of professional activity under a motor third party liability insurance contract. Namely, it contains the following provisions:
- the conditions for the consideration of the claim by the injured party in the event of a traffic accident;
- compensation payment procedure;
- rules for direct compensation for damage;
- the nuances of joining a professional association of insurance companies;
- criteria and amounts of deductions to the reserve fund;
- other provisions.
"- according to this regulatory act, Federal Law No. 40 of the Law" On OSAGO "made significant adjustments. The law underwent the largest transformation in history, even if not all planned changes have been made. In particular, the increasing coefficient for malicious traffic violators in 2017 will not be applied, although this item caused the greatest resonance.
What amendments to the law "On OSAGO" - 2016 have been approved and what should motorists expect from 2017?
Download the full text of the law "On OSAGO" ФЗ№40
The government has taken care of the availability of OSAGO
There are several regions in Russia that are recognized as “toxic” - in these areas, insurers are forced to pay compulsory motor third party liability insurance compensation more often and in significantly larger amounts than the national average. The toxic regions include Volgograd, Rostov, Ivanovo, Murmansk and Chelyabinsk regions, as well as the Krasnodar Territory.
High accident rate in these constituent entities of the Russian Federation is primarily associated with poor road conditions - in the southern regions, for example, roads are a real disaster.
The consequence of the "toxicity" of the regions is that it is very problematic to buy an insurance policy here even for experienced and responsible drivers. But driving without car insurance is prohibited! The motorist is in a difficult situation: he simply does not have the opportunity not to break the law!
The government did not “turn a blind eye” to this paradoxical situation — its amendment should be facilitated by an amendment to Federal Law No. 40, no less resonant than the introduction of a “penalty” coefficient (failed). From January 1, 2017, each of the insurance companies should begin to implement the so-called e-policies - that is, to sell insurance through the Internet.
For the motor insurers themselves, this amendment caused outrage. They argue that they will need to invest a lot of money in order to integrate stable online services for the sale of policies, although in reality this is an argument "for fools" - now any student programmer can handle this work.
Thanks to the new version of the Law "On OSAGO" in 2017, the car owner no longer needs to travel around the city by public transport and look for where they will agree to sell the policy. It is enough to go to the website of any car insurer in the city of any "toxicity" and send an application for compulsory motor third-party liability insurance, having attached scans of their documents. The insurer will not be able to “turn off” the sale of the “high-risk” policy, even if it refers to the temporary inoperability of its portal - according to the law, it is the insurance company that must ensure that the Internet service is available 24 hours a day.
The inaccessibility of the insurer's portal is the basis for a motorist’s complaint, and a complaint against a legal entity threatens to result in a six-figure fine.
What other innovations?
In the Federal Law No. 40 “On Compulsory Third-Party Liability Insurance", other notable amendments were made:
Right of recourse. This right was obtained by insurers as a kind of “compensation” for their obligation to sell electronic policies. A claim of recourse to the insured can be made if the motorist indicated incorrect information about himself when purchasing motor third-party liability insurance through the Internet (or in the usual way through the office). The regression suggests that the driver who became the culprit of the accident will be forced to partially or fully compensate for the damage to the victim - even after being insured.
Mandatory inspection of the car by the insurer. Previously, the insured, obviously convinced that the insurer would offer little, was allowed to immediately take the car to an independent expert for examination. The OSAGO law, with the latest amendments, obliges the motorist to provide the vehicle with the insurer for inspection within 5 days, listen to the offer and decide afterwards whether it suits him. Therefore, the new law FZ-40 “On Compulsory Motor Liability Insurance” has earned the fame of “directed against auto lawyers”, because it is lawyers who knock motorists “off pantalik”, convincing that finding a compromise with the insurer is a thing that is doomed to failure.
Fixed inspection period. In addition to the obligation to organize the sale of electronic policies by car insurers, another appeared - to inspect cars that got into an accident a maximum of 5 days after a road collision. Earlier, the same period was counted from the moment when the insured was ready to provide his vehicle for inspection.
There is another important innovation that has already been implemented in 2016. According to the new Law “On CTP,” in October 2016 they stopped selling old-type policies (green) - only pink ones with increased protection remained on sale.
Law "On CTP": key points
Despite the fact that a lot of adjustments were made to the Law on OSAGO, the basic postulates and structure of the normative act remained unchanged. The law’s preamble says that the goal of Federal Law No. 40 is to protect the rights of victims of road accidents. Please note that it does not say anything about protecting the rights of insurers.
The law consists of 34 articles, divided into 6 chapters:
General Provisions The articles in this chapter talk about what a vehicle is, a compensation payment, an insurance rate, and so on. Here, the principles of car insurance in Russia are established - one of the main is universality: every driver should be insured.
Terms and conditions of insurance. In fact, it is in the second chapter that all the most important information for the motorist is given - for example, how the size of the insurance payment is determined, how to argue with the insurer. A motorist who does not have much time to study Federal Law No. 40 should start with the second chapter and end it.
Compensation payments. An entire chapter of the law is allocated to tell drivers in which cases they are entitled to compensation and how to achieve these same compensations. The chapter is rather short: it’s worth reading if only because it talks about limits on the amount of compensation payments.
Insurers. Another short chapter - its content is unlikely to be interesting to the layman. Firstly, there is information that is useful only to insurers themselves, and secondly, it will take a lot of effort to translate the text of the chapter from legal into Russian.
Professional association of insurers. This chapter, as you might guess, describes the purpose of existence, the functions and responsibilities of unions and associations of insurers.
Final provisions. The final chapter discusses methods of communication between insurers and government agencies, as well as international insurance systems.
The new Law "On CTP" is aimed at achieving several goals: the first is to increase the availability of car insurance policies in Russia, the second is to establish contact between insurers and policyholders. The state wants these two parties to find a way to resolve disputes without resorting to the courts and third parties. The auto-lawyers are most dissatisfied with the new edition of Federal Law No. 40 - after all, they are the third parties who earn money through conflicts between insurance companies and motorists.
The legislation regulates liability insurance as a separate regulation. Federal law at number 40 was adopted in April 2002, but entered into force only a year later. Since its adoption, the law has undergone a number of changes that require separate consideration.
The Federal Law “On Compulsory Third Party Liability Insurance of Vehicle Owners” structurally consists of six main chapters. The separation is designed to group the articles of the law on the main issues:
- the establishment of general concepts and provisions of CTP, an indication of the principles that formed the basis for the adoption of Federal Law 40;
- terms of civil motor insurance, the procedure for its implementation;
- compensation for compulsory motor third party liability insurance;
- regulation of insurance companies.
The purpose of the law is to establish compulsory motor insurance and to obtain an insurance policy. The purpose of the Federal Law is to protect the rights of victims and to pay them compensation for damage caused by insurance under compulsory motor liability insurance.
The law entered into force on July 1, 2003. Last changes fall on March 28, 2017. Their adoption is regulated by Federal Law 49, which introduces amendments to the Law on Compulsory motor liability insurance. Most of the amendments entered into force on April 28, however, changes to paragraph 1 of Article 1 are relevant only from September 25, 2017.
Do you know what changes Federal Law 28 has undergone on civil defense? Latest edition
Recent changes to the Law on CTP
The latest amendments to the Law on Compulsory motor third-party liability insurance under Federal Law 49 are designed to resolve the following aspects:
- earlier, the insurer undertook to analyze the damage to the vehicle within 5 days from the date of its submission for examination, the latest changes in the law left the deadline, but set its countdown at the time of the application for the accident to the CTP insurance insurer;
- the possibility of conducting an independent examination was abolished, the relevant documents lost their legal force;
- the period was increased during which, under the law of Federal Law 40, claims are submitted to the insurer under compulsory motor liability insurance, now it is 10 days;
- since the beginning of September 2017, the insurance period under the insurance policy of OSAGO cannot be less than one year;
- monetary compensation for damage is not paid to the victim, but is transferred to repair companies with which the insurer has an appropriate contract;
- up to 100 thousand rubles the limit of the insured amount for Europrotocol has been increased;
- from 2017, it is allowed to purchase a CTP policy through the Internet;
- the right of regression comes into force - if the insurer proves intentional harm to the culprit of an accident, then the whole or a partial amount of insurance will be recovered from the latter according to the law of Federal Law 40.
Recent changes in Federal Law 40 on OSAGO have raised a number of questions on the interpretation and regulation individual points:
- low level of liability of insurance companies in payments under compulsory motor third-party liability insurance policies, lack of regulation of appropriate impact mechanisms;
- certain provisions are vague in formulations, allow a double interpretation;
- as a result of inaccuracies in the Law on Compulsory motor liability insurance - the lack of adequate decisions in the judicial review of certain points;
- the issue of fake OSAGO policies is not regulated;
- in some situations, the victim, despite the presence of compulsory motor third-party liability insurance for the culprit of an accident, is forced to pay extra for vehicle repairs.
The current edition of the Federal Law “On Compulsory Third Party Liability Insurance of Vehicle Owners” can be considered as an example of separate articles.
The first article of Federal Law 40 according to the latest amendments has undergone a number of changes:
- in the eighth paragraph the wording “ (make insurance payment)”Has been replaced by“ (to carry out insurance compensation in the form of insurance payment or by organizing and (or) paying for the repair of a damaged vehicle)”;
- in the eleventh, thirteenth and fourteenth paragraphs of the wording “ insurance payments"Change to" insurance claims”;
- in the sixteenth paragraph, the wording “ at a service station selected by the victim in agreement with the insurer from among the service stations with which the insurer has concluded agreements establishing the obligation of the service station to repair the vehicle of the victim and the obligation of the insurer to pay for such repairs against the insurance paymentReduced to at a service station defined in accordance with this Federal Law«;
- added extra paragraph - “ agreement on the organization of restoration repair - an agreement concluded between the insurer and the service station and establishing, among other things, the obligation of the service station to repair the damaged vehicle of the injured vehicle and the obligation of the insurer to pay for such repairs against insurance compensation in accordance with this Federal Law.«.
Article 2 of the Federal Law 40 regulates the system of compulsory motor insurance in the legislation of the Russian Federation. Priority provisions of international agreements are prescribed. No changes to this provision have been made since the original edition.
IN article 4 of Federal Law 40 wording " compulsory insurance payout"Changed to" insurance amounts established by Article 7 of this Federal Law,«.
IN article 12 of the Federal Law 40 also replaced the wording “ insurance payments" on the " insurance claims" The name of the provision is changed to " Section 12. Procedure for Carrying Out Insurance Compensation for Damage Caused to a Victim". The 15th paragraph is supplemented by three subparagraphs governing the insurance indemnity for damage caused, requirements for repair work and the possibility of independent repair by the victims with the company with which the insurer has an appropriate contract.
Article 17 of the Federal Law 40 regulates insurance premium compensation under compulsory motor liability insurance. For 2017, no changes to this provision were made. The latest edition of this article was brought up to date in 2008.
Download Federal Law
For a complete acquaintance with the current version of Federal Law 40 on OSAGO with the latest changes, it is recommended to refer to the document itself. Below are links to download Federal Laws 40 and 49. The second document is the law that contains a list of the latest changes in insurance for compulsory motor liability insurance for 2017. Download latest edition “Law on Compulsory Insurance” FZ 40 is possible. FZ 49 with changes can be downloaded.