Personal insurance of passengers. Compulsory passenger insurance Compulsory personal insurance of transport passengers
In order to ensure the protection of the interests of citizens, it was decided:
1. Introduce on the territory of the Russian Federation compulsory personal insurance against accidents of passengers of air, sea, inland waterway and road transport, as well as tourists and excursionists who make long-distance excursions through tourist and excursion organizations during the trip (flight).
Compulsory personal insurance does not apply to passengers:
all types of international transport;
railway, sea, inland waterway and road transport of suburban communication;
sea and inland water transport of intracity communication and ferries;
road transport on urban routes.
2. To establish that, prior to the entry into force of the law of the Russian Federation governing the provision of insurance protection for passengers (tourists, excursionists), compulsory personal insurance of these persons shall be carried out by concluding, in the manner and under the conditions stipulated by the legislation of the Russian Federation, contracts between the respective transport, transport - forwarding companies (hereinafter referred to as carriers) and insurers. Licenses for this type of compulsory insurance are issued to insurers in the manner prescribed by law.
Insurers are obliged to ensure that each insured person is informed of the rules for compulsory personal insurance of passengers (tourists, excursionists), including the place, procedure and conditions for receiving insurance payments in the event of an insured event.
3. The size of the insurance rate for compulsory personal insurance of passengers (tourists, excursionists) of air, rail, sea, inland waterway and road transport shall be established by the insurers in agreement, respectively, with the Ministry of Transport of the Russian Federation, the Ministry of Railways of the Russian Federation and approved by the federal executive body for supervision for insurance activities.
The amount of the insurance premium is included in the cost of the travel document (voucher) and is collected from the passenger (tourist, excursionist) when selling the travel document (voucher). Passengers (tourists, excursionists) enjoying the right of free travel in the Russian Federation are subject to compulsory personal insurance without paying an insurance premium.
4. To establish the sum insured for compulsory personal insurance of passengers (tourists, excursionists) in the amount of 120 minimum wages established by law on the date of purchase of a travel document.
A passenger (tourist, excursionist) in case of injury as a result of a transport accident is paid a part of the insurance amount corresponding to the severity of the injury. In the event of the death of the insured person, the sum insured is paid in full.
The sum insured for compulsory personal insurance of passengers (tourists, excursionists) upon the occurrence of an insured event is paid regardless of the payment to the insured persons or their heirs in connection with the same event on other grounds stipulated by the legislation of the Russian Federation.
Insurance indemnity for compulsory personal insurance of passengers (tourists, excursionists) is made to the insured person or his heirs no later than 10 days after the insurer receives a statement of an accident in transport with the insured person drawn up by the carrier, and other necessary documents stipulated by the rules for this type of compulsory insurance.
5. The carrier is obliged to draw up an act on each accident that occurred in transport with the insured passenger (tourist, excursionist), the first copy of which to hand over to the insured person, his representative or heirs. The carrier is also obliged, upon the written request of the insurer, to send him a copy of the specified act within 10 days from the date of receipt of the request.
6. To establish that part of the insurance premiums received by insurers in the implementation of compulsory personal insurance of passengers (tourists, excursionists), in the manner prescribed by law, are directed to the creation of reserves for financing measures to prevent accidents in transport.
7. The procedure for mutual settlements for compulsory personal insurance of passengers (tourists, excursionists) is determined by insurers together with the Ministry of Transport of the Russian Federation, the Ministry of Railways of the Russian Federation and other interested departments and legal entities.
Compulsory personal insurance of passengers (tourists, excursionists)
Compulsory personal insurance of passengers (tourists, excursionists) is carried out by concluding, in the manner and under the conditions stipulated by the legislation of the Russian Federation, contracts between the relevant transport, forwarding companies (carriers) and insurance companies licensed to carry out insurance operations for this type of compulsory insurance.
The interests of a passenger (tourist, excursionist) are represented by a transport organization when concluding a compulsory insurance contract. The objects of insurance are the property interests of the insured passengers (tourists, excursionists) that do not contradict the law and are related to their life and health.
Compulsory personal insurance does not apply to passengers:
- all types of international transport;
- railway, sea, inland waterway and road transport of suburban communication;
- sea and inland water transport of intracity communication and ferries;
- road transport on urban routes.
The insurance rates for compulsory personal insurance of passengers (tourists, excursionists) of air, rail, sea, inland waterway and road transport are set by the insurers in agreement with the Ministry of Transport of the Russian Federation and approved by the Insurance Supervision Authority.
The amount of the insurance premium is included in the cost of the travel document (voucher) and is collected from the passenger (tourist, excursionist) when selling the travel document. Passengers who enjoy free travel in the Russian Federation are subject to compulsory personal insurance without paying an insurance premium.
An insured event under this type of insurance is an injury or death of a passenger as a result of an accident on the mode of transport on which the insured moves. However, the insurer may refuse to pay the victim an insurance claim if the insured event occurred as a result of:
- the passenger committed a deliberate crime that led to the occurrence of an insured event;
- finding a passenger in a state of alcoholic, drug or toxic intoxication, which contributed or led him to suicide or attempted suicide, except for those cases when he was brought to such a state by illegal actions of third parties;
- deliberate infliction of bodily harm by the passenger, etc.
Sum insured for compulsory) "personal insurance of passengers
(tourists, excursionists) is currently legally established in the amount of 120 times the minimum wage as of the date of purchase of a travel document. In case of injury, the insured person is paid a part of the insurance amount corresponding to the severity of the injury. In the event of his death, the sum insured is paid in full to the heirs. The insured amount for this type of insurance upon the occurrence of an insured event is paid regardless of the payment to the insured persons or their heirs of monetary amounts in connection with the same event on other grounds stipulated by the legislation of the Russian Federation.
Insurance indemnity for compulsory personal insurance of passengers (tourists, excursionists) is made to the insured person or his heirs no later than 10 days after the insurer receives a statement of an accident in transport with the insured person drawn up by the carrier and other necessary documents stipulated by the rules for this type of compulsory insurance.
The carrier is obliged to draw up an act on each accident that occurred in transport with the insured passenger (tourist, excursionist), the first copy of which to hand over to the insured person, his representatives or heirs. At the written request of the insurer, the carrier is also obliged to send a copy of the accident report to the insurer within 10 days from the date of receipt of the request.
In order to receive insurance benefits, an injured passenger must submit the following documents to the insurer:
- statement;
- an accident report drawn up by the carrier;
- a certificate from a medical institution, which indicates the date and circumstances of the injury, diagnosis, there is a signature of the attending physician and the seal of the medical institution;
- travel document;
- identity document.
Part of the insurance premiums received by insurers in the implementation of compulsory personal insurance of passengers (tourists, excursionists), in the manner prescribed by law, is directed to the creation of reserves for financing measures to prevent accidents in transport.
Passenger insurance is aimed at covering the costs of treatment in case of traffic accidents and compensation for disability. Various emergencies and incidents while on transport are recorded quite often, and therefore the possibility of protecting people's life and health is regulated by legislative acts. Passengers can be insured individually and completely voluntarily, but compulsory insurance is provided for the carrier.
In the modern sense, this is an agreement between a transport organization (carrier) and a company with a license for insurance activities. The carrier is responsible for the safe movement of people, and the insurer compensates for all losses and losses of passengers. Their life, health and personal property are subject to insurance. It is valid for any passenger transport other than passenger taxis.
Until recently, there was compulsory insurance for passengers for certain types of transport services, but since 2013 it has been replaced by compulsory carrier liability insurance (OSGOPP). All insurance premiums for the passenger are taken into account in the fare, and an additional, mandatory payment is not made. At the same time, he has the right to voluntary forms of insurance, expanding the boundaries of compensation payments for treatment in traffic accidents.
What types of transport is required
The following transport services are subject to compulsory insurance under OSGOPP:
- railway passenger services for all types of communication;
- air transportation on all types of passenger aircraft and helicopters;
- all types of sea passenger transportation;
- waterborne types of vehicles for domestic transport;
- bus services for the transport of people on any highways, incl. in the city;
- electrified, urban, public transport.
The absence of the OSGOPP agreement does not relieve the transport organization from liability, and it will be forced to compensate for all losses in accordance with the current norms. Information about the insurance company serving OSGOPP should be available to passengers
The legislative framework
In the Russian Federation, from 01.01.2013, a special law of 14.06.2012 No. 67-FZ has been in effect with amendments and additions. It made it possible to clearly define the procedure for insuring people in all difficult cases of their movement by public transport.
The law solves such important tasks:
- provision of general conditions for compensation of losses to passengers;
- regulation of inconsistencies caused by the use of transport by different departments;
- regulation of the procedure for the provision of insurance compensation and the establishment of minimum amounts of payments linked to the minimum wage.
A special insurance procedure is provided for metro passengers. All accidents that occur directly inside the carriage are subject to unconditional compensation. Behind its aisles, the subway's wine must be proven.
The rules and regulations are not valid for passenger taxis. This does not mean that the passenger remains unprotected in this type of transport. The responsibility of the taxi owner is determined by the law of 08.11.2007 N 259-FZ "Charter of road transport and urban land electric transport".
Cases not covered by the law
The following cases are considered insured: injury, poisoning, death and damage to personal property during transportation. The law does not apply under such conditions:
- when the victim commits a crime during the trip;
- when attempting suicide along the route;
- cases of resistance to the requirements of the administration (driver);
- in case of gross violation of the rules of transportation by this type of transport.
It should be borne in mind that this Law does not apply to international and suburban traffic, water movement within a settlement and water crossings.
How much is a public transport passenger insured?
Upon confirmation of the insured circumstance, the injured passenger will certainly receive (except for the above cases) an insurance indemnity. It depends on the degree of damage. Typical examples of minimum compensation can be given:
- bruise or minor injuries - from 200 rubles;
- bone fractures, incl. upper and lower extremities - from 220 thousand rubles;
- head injuries - from 65,000 rubles;
- serious bodily injury - 200,000 rubles;
- termination of pregnancy as a result of an emergency - 1 million rubles.
In the event of the death of a person, his relatives will receive compensation of at least 2,025 thousand rubles. People who have become disabled of the 1st group as a result of a traffic accident can apply for the same amount. In the event of loss or damage to personal property, compensation depends on its value. The minimum payment amount is 20 thousand rubles.
Bus passenger insurance price
The cost of OSGOPP depends on the type of transport. The most expensive insurance is shipping. The minimum cost of insurance for bus passengers in the city is 4000 rubles / year, and for intercity traffic - about 25000 rubles / year. However, in the absence of insurance, the costs of an accident will be hundreds of times higher.
How and where they make out
Personal insurance on a voluntary basis is valid for trips using an insured vehicle. There is an opportunity to receive compensation for treatment in the range of 100-600 thousand rubles, in case of injuries received as a result of an accident, as well as temporary incapacity for work and disability. The cost of the policy depends on the sum insured.
A voluntary passenger insurance contract is concluded with an insurance company based on the policyholder's application for a specific trip. It can be submitted in person at the insurer's office or “online” by entering the company's website. The contract necessarily stipulates the sum insured, the list of insured events and the rates of compensation for them, the rights and obligations of the policyholder and the insurer.
To draw up a contract, you need the following information:
- Full name of the applicant and his passport data, place of residence, contact phone number;
- type of transport service, flight number and route;
- travel date, starting and ending point of travel, travel time.
The insurer, on a full legal basis, can request official data on the state of health of a person wishing to receive an insurance policy. In this case, the policyholder does not have the right to hide the circumstances that could provoke an insured event. The contract comes into force after payment of insurance and is valid for the agreed period.
What to do in case of an insured event
What to do when fixing an insured circumstance (injury or damage to property) and where to go in case of injury? First of all, you should contact the driver or official in a large vehicle and report the incident. The driver must call an ambulance and a traffic police officer. It is important for the victim to take the act of harm to health or damage to property. An official or a transport organization must immediately notify the insurer servicing the policy about the fixation of the insured circumstance. In case of personal insurance on voluntary terms, the victim himself notifies the policyholder.
The term for applying to the insurance company regarding compensation is not limited. In principle, the victim can apply at any time convenient for him. To obtain insurance, he writes a statement to the insurer and provides supporting documents.
In case of a major accident, when the driver was also injured, the corresponding act is drawn up by the traffic police or other authorized services for the type of transport. To determine the degree of damage, it is necessary to undergo an examination at a medical institution.
It should be specially noted that the carrier's lack of OSGOPP policy cannot serve as a reason for refusing compensation. In this case, the transport organization must compensate for the damage with its own funds. To do this, you must submit an official application to the head and register it. If voluntary compensation is refused, the issue is submitted to the transport supervision service, which may revoke the carrier's license for transport services.
How to confirm the fact of a trip in a vehicle that had an accident?
In order to receive insurance payments, it is important to confirm the fact of the victim's trip in a vehicle that was involved in an accident. The main document is a travel (passenger) ticket. It must be kept until the very end of the trip. It contains a special digital code by which you can identify information about the carrier and a specific vehicle, as well as the route and time of travel.
If the ticket is lost, you will have to resort to other evidence. The most reliable "witness" is a video surveillance camera. Alternatively, you can invite live witnesses. It is important to prove the fact of the accident and the victim's stay inside the vehicle at the time of the accident.
Where to go if you are injured?
The sum insured is assigned after a medical examination. For this, a medical examination is carried out, and the insurer has the right to appoint an independent examination. A medical certificate is a mandatory document attached to the claim for compensation. If you have an individual insurance policy, it is also important to have documents confirming the cost of treatment and the cost of medicines.
Combined system
Many insurance companies offer a combined passenger insurance policy. This type of insurance is voluntary and includes different types of services. It obeys several basic rules:
- Combining several types of insurance, carried out according to specially developed rules. A good example is combined insurance for an air passenger. It may include the following types of insurance: compensation for damage to health (in the amount of 220-500 thousand rubles); luggage insurance (insurance amount - 21-25 thousand rubles); compensation for unforeseen expenses in case of a flight delay - for a 3-hour delay of 1100 rubles and for each next hour - 700 rubles.
- A single rate that provides a common approach to insurance.
- Inability to terminate any one service. The contract can only be terminated in full.
Combined insurance makes it possible to provide a variety of options in one policy. This simplifies maintenance, and does not require a variety of documents. Everything is carried out in one office, on one phone, in communication with one insurance agent.
Insurance of drivers and passengers
The law obliges any transport company that transports people to enter into an agreement with an insurer. The OSGOPP agreement protects not only passengers, but also all service personnel in a vehicle (drivers, pilots, stewards, conductors, mechanics, etc.). All people who find themselves in an emergency have the opportunity to receive compensation for damage to their health.
The OSGOPP policy is valid for 1 year, and then it is renewed annually. The document clearly regulates legal, organizational and financial issues. The amount of minimum insurance payments is tied to the size of the minimum wage, and as it is revised, it automatically changes. Compensation payments are made no later than one month after the submission of the application to the victims. It should be especially noted that persons with reduced and free travel are considered insured on a general basis and are entitled to insurance payments.
Compulsory and voluntary forms of insurance provide full, individual protection of the health of passengers in all types of public transport. Insurance payments make it possible to provide free treatment for victims, as well as compensate for the loss of a loved one. The actions of insurance companies are strictly regulated by the current legislation of the Russian Federation.
In contact with
Compulsory personal insurance of passengers transported by air, rail, water and road on intercity and tourist routes.
Compulsory personal insurance of passengers is carried out on the basis of the Decree of the President of the Russian Federation of July 7, 1992 No. 750 "On compulsory personal insurance of passengers".
In the Russian Federation, at the expense of insurers' contributions, insurance is provided against accidents of passengers of air, rail, sea, inland waterway and road transport, as well as tourists and excursionists who make long-distance excursions through tourist and excursion organizations during a trip or flight.
Compulsory personal insurance does not apply to passengers:
- all types of international transport;
- railway, sea, inland waterway and road transport of suburban communication;
- sea and inland water transport of intracity communication and ferries;
- road transport on urban routes.
The responsibilities of insurers include informing each insured person of the rules for compulsory personal insurance of passengers (tourists, excursionists), the place, procedure and conditions for receiving insurance payments in the event of an insured event.
The size of the insurance rate for compulsory personal insurance of passengers (tourists, excursionists) of air, rail, sea, inland waterway and road transport is established by insurers in agreement with the Ministry of Transport of the Russian Federation, the Ministry of Railways of the Russian Federation and approved by the federal executive body for supervision of insurance activities.
By order of the Ministry of Finance of the Russian Federation of January 16, 1998 No. 2n "On the amount of insurance tariff for compulsory personal insurance of passengers of air, rail, sea, inland waterway and road transport", the following tariffs for compulsory personal insurance of passengers transported:
- by air - 2 rubles;
- by rail - 2.3 rubles;
- by sea transport - 0.1 rubles;
- by inland waterway - 0.6 rubles;
- by road - 1.5 rubles.
The sum insured for compulsory insurance of passengers (tourists, excursionists) is set at 120 times the minimum wage established on the date of purchase of the travel document.
In case of injury as a result of a transport accident, the passenger is paid a part of the insurance amount corresponding to the severity of the injury. In the event of the death of the insured person, the sum insured is paid to his heirs in full.
Payment of the sum insured is made regardless of the payment to the insured persons or their heirs of monetary sums in connection with the same event on other grounds provided for by the legislation of the Russian Federation, no later than 10 days after the insurer receives a statement of an accident that occurred in transport with the insured person drawn up by the carrier, and other necessary documents stipulated by the rules for this type of compulsory insurance.
The carrier is obliged to draw up an act of every accident that has occurred in transport with the insured person, the first copy of which is handed over to the insured person, his representative or heirs. At the written request of the insurer, the carrier sends him a copy of the specified act within 10 days from the date of receipt of the request.
Part of the insurance premiums received by insurers in the implementation of compulsory personal insurance of passengers (tourists, excursionists), in the manner prescribed by law, is directed to the creation of reserves for financing measures to prevent accidents in transport.
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