4.4.5. If, during his lifetime, the victim received an insurance payment for harm to health, it is withheld from the amount of the insurance payment for compensation for harm in connection with the death of the victim, which occurred as a result of the same insured event.
4.5. Persons who have incurred the necessary expenses for the burial of the deceased, upon presentation of a claim for compensation for harm, represent:
a copy of the death certificate;
documents confirming the expenses incurred for the burial.
Burial expenses shall be reimbursed in the amount of not more than 25 thousand rubles.
4.6. The victim, upon presentation of a claim for reimbursement of additional costs incurred by him, caused by damage to health as a result of the occurrence of an insured event, as well as the cost of treatment and the purchase of drugs, presents:
an extract from the medical history issued by a medical organization;
documents confirming payment for the services of a medical organization;
documents confirming payment for the purchased medicines.
4.7. The victim, upon presentation of a claim for reimbursement of additional costs incurred by him caused by damage to health as a result of the occurrence of an insured event (except for the costs of treatment and the purchase of drugs), shall submit a medical report issued in accordance with the procedure established by the legislation of the Russian Federation, an opinion of a medical-social or forensic medical examination on the need for additional nutrition, prosthetics, outside care, spa treatment, special vehicles and other services.
4.7.1. Upon submission of a claim for reimbursement of expenses for additional meals:
a certificate from a medical organization on the composition of a daily food set necessary for the victim;
documents confirming payment for the purchased products from the food set of additional food.
Expenses for additional meals are included in the insurance payment in the amount of not more than 3 percent of the insured amount.
4.7.2. Upon presentation of a claim for reimbursement of expenses for prosthetics (orthotics) - documents confirming payment for prosthetics (orthotics) services.
4.7.3. Upon submission of a claim for reimbursement of outside care costs - documents confirming payment for outside care services.
4.7.4. Upon submission of a claim for reimbursement of expenses for spa treatment:
an extract from the medical history issued by the institution in which the spa treatment was carried out;
a copy of a spa voucher or other document confirming the receipt of spa treatment, certified in accordance with the established procedure;
documents confirming the payment of a voucher for sanatorium treatment.
4.7.5. Upon submission of a claim for reimbursement of expenses for the purchase of special vehicles:
a copy of the passport of a special vehicle or a certificate of its registration;
documents confirming payment for the purchased special vehicle;
a copy of the contract under which the special vehicle was purchased.
4.7.6. If the victim has a claim for reimbursement of expenses related to training for another profession:
a copy of the contract with the organization providing vocational training (retraining);
a document confirming payment for vocational training (retraining).
4.7.7. Upon submission of a claim for reimbursement of expenses for medical rehabilitation and other expenses caused by damage to health as a result of the occurrence of an insured event (except for the costs of treatment and the purchase of drugs):
documents from medical or other organizations confirming the need to receive the relevant services or items;
documents confirming the payment of such expenses.
4.8. The insurer, in agreement with the victim, is entitled to make a partial insurance payment on the basis of documents on the provision of services, the need for the provision of which was caused by the insured event, and on their payment, or pay for these services directly to the medical organization that provided them.
4.9. Payment of the sum insured for harm caused to the life or health of the victim is made regardless of the amounts due to him under social security and compulsory and voluntary personal insurance contracts.
4.10. The bodies of state social insurance and social security, as well as medical insurance organizations are not entitled to present recourse claims against the insurer carrying out compulsory insurance.
4.11. Until April 1, 2015, 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);
no more than 25 thousand rubles for reimbursement of burial expenses - to persons who incurred these expenses.
At the same time, the right to receive insurance compensation in the event of harm to the life of the victim (breadwinner) belongs to persons who, in accordance with civil law, have the right to compensation for harm in the event of the death of the victim (breadwinner).
Until April 1, 2015, in order to receive insurance compensation in case of harm to the life or health of the injured person, who are entitled to receive insurance compensation, provide the insurer with the documents provided for in clauses 3.10, 4.1, 4.2, paragraphs four - ten of clause 4.4, clauses 4.5 - 4.7 of these Of the rules.
Until April 1, 2015, the amount of insurance payment due to the victim in compensation for harm caused to his health is calculated by the insurer in the manner prescribed by the rules of Chapter 59 of the Civil Code of the Russian Federation.
4.12. In the event of damage to the property of the victim, compensation within the limits of the insured amount shall be subject to:
in the event of the complete loss of the victim's property - the actual value of the property on the day of the insured event minus the value of the usable balances, in the event of property damage - the costs necessary to bring the property to the state in which it was prior to the occurrence of the insured event;
other expenses incurred by the victim in connection with the harm caused (including the evacuation of the vehicle from the scene of the road traffic accident, storage of the damaged vehicle, delivery of the injured to a medical organization).
4.13. When causing damage to the property of the victim (vehicles, buildings, structures, structures, other property of individuals, legal entities), in addition to the documents provided for in paragraph 3.10 of these Rules, the victim shall submit:
documents confirming the victim's ownership of the damaged property or the right to insurance compensation in case of damage to property owned by another person;
an opinion of an independent examination (assessment) on the amount of damage caused, if an independent examination (assessment) was carried out, or an opinion of an independent technical examination on the circumstances and amount of damage caused to the vehicle, if such an examination was organized by the victim himself;
documents confirming payment for the services of an independent expert, if the examination was carried out and payment was made to the victim;
documents confirming the provision and payment of services for the evacuation of damaged property, if the victim requires reimbursement of the corresponding costs. The costs of evacuating the vehicle from the place of the road traffic accident to the place of its repair or storage are subject to reimbursement;
documents confirming the provision and payment of services for the storage of damaged property, if the victim requires reimbursement of the corresponding costs. The expenses for storage are reimbursed from the day of the road traffic accident until the day of the inspection or independent examination (assessment) by the insurer based on the period specified by the insurer in the direction of an independent technical examination, independent examination (assessment), during which the relevant examination must be carried out;
other documents that the victim has the right to submit in support of his claim for compensation for harm caused to him, including estimates and invoices confirming the cost of repairing damaged property.
4.14. The victim submits to the insurer the originals of the documents provided for in clause 4.13 of these Rules, or their copies, certified in accordance with the established procedure.
To confirm payment for the purchased goods, work performed and (or) services rendered, the insurer is presented with original documents.
4.15. The amount of insurance compensation in the event of damage to the property of the victim is determined:
in the event of the complete loss of the victim's property (if the repair of the damaged property is impossible or the cost of repairing the damaged property is equal to or exceeds its value on the date of the insured event) - in the amount of the actual value of the property on the day of the insured event, minus the value of the usable balances;
in case of damage to the victim's property - in the amount of expenses necessary to bring the property to the state in which it was before the occurrence of the insured event (restoration costs).
Reconstruction costs are paid based on the average prices prevailing in the region, except for cases where the victims receive compensation for the damage caused in kind.
In the event that the victim receives compensation for the damage caused in kind, the restoration costs are paid by the insurer in accordance with the contract providing for the repair of the victims' vehicles, concluded between the insurer and the vehicle maintenance station, to which the victim's vehicle was sent for repair.
When determining the size of replacement costs, the wear of parts, assemblies and assemblies is taken into account. The amount of expenses for spare parts is determined taking into account the wear and tear of components (parts, assemblies and assemblies) to be replaced during refurbishment. At the same time, depreciation of more than 50 percent of their value cannot be charged on the specified components (parts, assemblies and assemblies).
4.16. The costs of restoring damaged property include:
expenses for materials and spare parts required for repair (restoration);
the cost of paying for work related to such repairs;
if the damaged property is not a vehicle - expenses for the delivery of materials and spare parts to the place of repair, expenses for the delivery of property to the place of repair and back, expenses for the delivery of repair teams to the place of repair and back.
Refurbishment costs do not include additional costs resulting from improvements and upgrades to the property, and costs caused by temporary or ancillary repairs or refurbishment.
4.17. Insurance compensation for damage caused to the victim's vehicle (with the exception of cars owned by citizens and registered in the Russian Federation) may be carried out at the choice of the victim:
by organizing and paying for the restoration repair of the damaged vehicle of the victim at the service station selected by the victim in agreement with the insurer, with which the insurer has concluded an agreement for the organization of restoration repair (compensation for the damage caused in kind);
by issuing the amount of the insurance payment to the victim (beneficiary) at the insurer's cash desk or transferring the amount of the insurance payment to the bank account of the victim (beneficiary) (cash or bank transfer).
In the event that the insurer has concluded an appropriate contract with a service station, the victim chooses the method of compensation for damage.
The choice of the service station for the victims in order to receive compensation for the harm caused in kind is carried out by him from the number of stations offered by the insurer, with which the latter has a corresponding contract. The insurer's contract with a service station may provide for the criteria for accepting vehicles for repair, including depending on the specialization of the service station. In this case, the victim has the right to choose repair at such a service station as a method of compensation if the vehicle belonging to him meets the criteria specified in the contract between the insurer and the service station.
In the event of compensation for the damage caused in kind, the insurer shall issue the victim, within the time limits provided for in paragraph 4.22 of these Rules, a referral for repair. A referral for repair must necessarily contain information:
about the victim to whom such a referral was issued;
on the compulsory insurance contract, in order to fulfill the obligations under which a referral for repairs was issued;
about the vehicle to be repaired;
about the name and location of the service station at which the victim's vehicle will be repaired and which the insurer will pay the cost of the refurbishment;
about the time of the repair;
on the amount of the victim's possible surcharge for refurbishment, due to the wear of parts and assemblies replaced during the repair process and their replacement with new parts and assemblies, or the amount of wear on replaced parts and assemblies without specifying the amount of surcharge (in this case, the amount of surcharge is determined by the service station and indicated in the documents issued to the victim upon receipt of the vehicle).
The term for the repair is determined by the maintenance station in agreement with the victim and is indicated by the maintenance station when receiving the victim's vehicle in the direction of repair or in another document issued to the victim. The specified period can be changed by agreement between the service station and the victim, about which the insurer must be informed.
The relationship between the service station and the victim regarding the repair of the vehicle belonging to the victim is governed by the legislation of the Russian Federation.
The obligations of the insurer to organize and pay for the restoration of the victim's vehicle are deemed to have been properly fulfilled by the insurer from the moment the victim receives the repaired vehicle. In this case, the insurer who issued the order for repairs is responsible for the failure of the maintenance station to comply with the deadline for transferring the repaired vehicle to the victim, as well as for violation of other obligations for the restoration of the victim's vehicle. The insurer is not liable if the victim has agreed on a change in the date of transfer of the repaired vehicle or has accepted the repaired vehicle from a service station, without indicating at its acceptance that there are claims to the rendered restoration repair service.
Compensation for damage caused to the victim's property that is not a vehicle, as well as compensation for damage in the event of a complete loss of the vehicle, shall be carried out in the manner prescribed by paragraph three of this paragraph.
The settlement of issues related to the revealed hidden damage to the vehicle caused by the insured event is determined by the service station in agreement with the insurer and the victim and indicated by the service station when accepting the victim's vehicle in the direction of repair or in another document issued to the victim.
The procedure for settling the issues of payment for repairs not related to the insured event is determined by the vehicle maintenance station in agreement with the victim and is indicated by the vehicle maintenance station in the document issued to the victim when the vehicle is accepted for repair.
The amount of insurance indemnity for each insured event cannot exceed the amount of the insured amount established by the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" payment by the insurer in such a case.
Under compulsory insurance contracts concluded before October 1, 2014, the payment of insurance compensation for damage caused to the property of the victim (s) is made subject to the following condition: if the insurance payment is paid to several victims and the amount of their claims presented to the insurer on the day of the first insurance payment exceeds the established insurance amount, insurance payments are made in proportion to the ratio of this insurance amount to the amount of the specified claims of the victims (taking into account the limitation of the amount of insurance payment in terms of compensation for damage caused to the property of one victim).
Information about changes:
Instruction of the Bank of Russia No. 4347-U of April 6, 2017 supplemented the annex with clause 14.17.1
4.17.1. Insurance compensation for damage caused to a passenger car owned by a citizen and registered in the Russian Federation is carried out (except for the cases established by paragraph 16.1 of Article 12 of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners") in accordance with paragraph 15.2 or 15.3 of Article 12 of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" by organizing and (or) paying for the restoration of the damaged vehicle of the victim.
When reimbursing the damage caused on the basis of this paragraph, the insurer issues to the victim, within the time specified in paragraph 4.22 of these Rules, a referral for repair, which must contain the information provided for in paragraphs seven through eleven of paragraph 4.17 of these Rules.
The insurer is obliged to ensure that the victim is informed about the date of transfer of the repaired vehicle to him in the manner specified in the application for insurance compensation or direct compensation for losses.
Information about changes:
Instruction of the Bank of Russia of April 6, 2017 N 4347-U supplemented the appendix with clause 14.17.2
4.17.2. The victim intending to receive insurance compensation for the harm caused in the manner prescribed by paragraph 15.3 of Article 12 of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" indicates in the application for insurance compensation or direct compensation for losses the full name, address (location) and payment details a service station at which he intends to organize the repair of the damaged vehicle. The insurer within 15 calendar days, with the exception of non-working holidays, after receiving such an application and the documents attached to it, provided for by these Rules, shall notify the victim in writing about the approval of the repair at the specified service station or about the refusal of such approval.
In the absence of a written consent of the insurer to pay for the cost of refurbishment of a maintenance station, provided for in paragraph 15.3 of Article 12 of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners", insurance compensation for damage is carried out in accordance with paragraph 15.2 of Article 12 of the Federal Law " liability of vehicle owners ".
4.18. In the event that a criminal case has been initiated on the fact of a road traffic accident, the victim submits to the insurer the documents of the investigative and (or) judicial authorities on the initiation, suspension or refusal to initiate a criminal case, or a court decision that has entered into legal force.
4.19. The insurer has the right to independently request bodies and organizations in accordance with their competence, determined by the legislation of the Russian Federation, for the provision of documents provided for in clauses 4.1, 4.2, 4.4 - 4.7, 4.13 and 4.18 of these Rules. The insurer has the right to request the provision of only those documents that are necessary to resolve the issue of insurance compensation, taking into account the nature of the damage caused to a particular victim. The insurer has the right to make a decision on insurance compensation in case of failure to submit any of the documents specified in these Rules, if their absence does not affect the determination of the amount of insurance compensation.
Documents and conclusions required to resolve the issue of payment of insurance amounts under a compulsory insurance contract are provided at the request of the insurer free of charge.
4.20. To obtain information about the presence of a diagnostic card valid at the time of the occurrence of the insured event containing information on the compliance of the vehicle with the mandatory safety requirements of vehicles, drawn up in relation to the vehicle, during the use of which the life, health or property of the victim was damaged, the insurer uses the information contained in a unified automated information system for technical inspection.
4.21. The policyholder takes measures that are reasonable and available under the circumstances in order to reduce losses. Expenses incurred in order to reduce losses (provision of a vehicle for the delivery of a victim in a road accident to a medical organization, participation in the elimination of the consequences of a road accident, etc.) are reimbursed by the insurer, even if the corresponding measures were unsuccessful. The degree of participation of the policyholder in reducing the damage caused by the vehicle and the amount of reimbursement of costs are determined by an agreement with the insurer.
4.22. The insurer considers the victim's application for insurance compensation or direct compensation for losses and the documents provided for in clauses 3.10, 4.1, 4.2, 4.4-4.7 and 4.13 of these Rules within 20 calendar days, except for non-working holidays, and in the case provided for in clause 4.17.2 of these Of the Rules, 30 calendar days, excluding non-working holidays, from the date of their receipt.
During the specified period, the insurer is obliged to draw up a document confirming the decision of the insurer to carry out insurance compensation or direct compensation for losses, fixing the causes and circumstances of the road traffic accident that is an insured event, its consequences, the nature and amount of damage incurred, the amount of the sum insured to be paid (hereinafter - Act on the insured event), and make an insurance payment, and in case of compensation for harm in kind, issue the injured person a referral for repairs (in the latter case, the act on the insured event is not drawn up by the insurer) or send a written notice of the refusal or refusal of the insurance claim in issuing a referral for repairs, indicating the reasons for the refusal.
The insurer, within 15 calendar days, except for non-working holidays, from the date of acceptance of the first application for insurance compensation in terms of compensation for harm caused to the life of the victim as a result of an insured event, accepts applications for insurance compensation and the documents provided for in clauses 3.10, 4.4, 4.5 of these Rules from other beneficiaries. Within five calendar days, with the exception of non-working holidays, after the end of the specified period for accepting applications from persons entitled to compensation for harm in the event of the death of the victim, the insurer is obliged to draw up an act on the insured event, on the basis of it, make a decision on the implementation of the insurance payment, carry out insurance payment or send a written notice of full or partial refusal to make insurance payment, indicating the reasons for the refusal. Insurance payment in terms of compensation for harm caused to the life of the victim is carried out at a time.
If the deadline for the insurance payment or the issuance of a referral for vehicle repair to the victim is not met, the insurer pays the victim a penalty (penalty) in the amount of one percent of the amount of insurance compensation determined in accordance with the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" for each day of delay.
If the deadline for sending a motivated refusal of insurance compensation to the victim is not met, the insurer pays money for each day of delay in the form of a financial sanction in the amount of 0.05 percent of the amount insured by the type of damage caused by the Federal Law "On Compulsory Civil Liability Insurance of Vehicle Owners".
When reimbursing in accordance with clauses 4.17.1 and 4.17.2 of these Rules for the damage caused to the victim in kind in case of violation of the period for the restoration of the damaged vehicle, the insurer for each day of delay pays the victim a penalty (penalty) in the amount of 0.5 percent of the specified in in accordance with the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" the amount of insurance compensation, but not more than the amount of such compensation.
The forfeit (interest) or the amount of financial sanction provided for in this clause in case of failure to comply with the deadline for the implementation of insurance compensation or the deadline for sending the victim a reasoned refusal to receive insurance compensation shall be paid to the victim on the basis of an application submitted by him for the payment of such a penalty (penalty) or the amount of such a financial sanction, in which the form is indicated settlement (cash or non-cash), as well as bank details for which such a penalty (penalty) or the amount of such a financial sanction must be paid if the victim chooses a non-cash settlement procedure. In this case, the insurer does not have the right to demand additional documents for their payment.
The total amount of the forfeit (penalty), the amount of the financial sanction to be paid to the victim - an individual, cannot exceed the amount of the insurance amount due to the type of damage caused, established by the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners".
4.23. In the act on the insured event, on the basis of the available documents, the insurance compensation is calculated and its size is indicated. A copy of the act on the insured event is transferred by the insurer to the victim (beneficiary) at his written request no later than three calendar days, except for non-working holidays, from the date the insurer receives such a request (upon receipt of the claim after drawing up the act on the insured event) or no later than three calendar days , with the exception of non-working holidays, from the date of drawing up an act on an insured event (upon receipt of a claim before drawing up an act on an insured event).
4.24. The victim has the right to demand from the insurer to make a part of the insurance compensation corresponding to an actually certain part of the specified harm, until the amount of the harm to be compensated is fully determined. In this case, the insurer has the right to make a part of the insurance indemnity corresponding to an actually certain part of the specified harm.
4.25. In the event of a disagreement between the insurer and the victim regarding the amount of damage to be reimbursed under the compulsory insurance contract, the insurer is in any case obliged to make an insurance payment in the uncontested part.
4.26. If the insurance indemnity, refusal of insurance indemnity or change in its amount depend on the results of proceedings in a criminal or civil case or a case of an administrative offense, the period for the implementation of the insurance indemnity or part of it may be extended until the end of the said proceedings and the entry into force of the court decision.
4.27. Compensation for damage is made by issuing the amount of the insurance payment in cash or by transferring it by bank transfer or by issuing a referral for the repair of the damaged vehicle in accordance with clauses 4.17, 4.17.1 or 4.17.2 of these Rules.
4.28. In accordance with these Rules, the damage caused as a result of:
force majeure circumstances or the victim's intent;
exposure to a nuclear explosion, radiation or radioactive contamination;
military action, as well as maneuvers or other military activities;
civil war, civil unrest or strikes;
other circumstances exempting the insurer from paying insurance compensation under the compulsory insurance contract on the basis of the current legislation or these Rules.
Council of Ministers - the Government of the Russian Federation of October 23, 1993 N 1090 (Collection of acts of the President and the Government of the Russian Federation, 1993, N 47, Art.4531; Collected Legislation of the Russian Federation, 1998, N 45, Art. 5521; 2000, N 18, Art. 1985; 2001, N 11, Art. 1029; 2002, N 9, Art. 931; N 27, Art. 2693; 2003, N 20, Art. 1899; N 40, Art. 3891; 2005, N 52, Art. 5733; 2006, N 11, Art. 1179; 2008, N 8, Art. 741; N 17, Art. 1882; N 40, Art. 4549; 2009, N 2, Art. 233; N 5, Art. 610; 2010, N 9, Art. 976; N 20, Art. 2471; 2011, N 42, Art. 5922; 2012, N 1, Art. 154; N 15, Art. 1780; N 30, Art. 4289; 47, Art. 6505; 2013, N 5, Art. 371, Art. 404; N 24, Art. 2999; N 31, Art. 4218; N 52, Art. 7173; 2014, N 14, Art. 1625; 21, Art.2707; N 32, Art.4487), as well as to take the necessary measures in the current circumstances in order to reduce possible losses from the accident, write down the names and addresses of eyewitnesses and indicate them in the notification of the traffic accident, take measures to paperwork about the incident in accordance with these Rules.
3.2. A driver who is a participant in a road traffic accident is obliged to inform other participants in a road traffic accident information about the compulsory insurance contract, including the number of the compulsory insurance policy, as well as the name, address and telephone number of the insurer.
3.3. Participants in a road traffic accident must notify the insurers who insured their civil liability of the occurrence of the insured event in the cases and terms established by these Rules.
3.4. Registration of documents on a road traffic accident can be carried out in the presence of the insurer (representative of the insurer) to determine the circumstances of the road traffic accident and the damage (damage) caused by the message of the policyholder or the victim. To do this, the driver who is a participant in a road traffic accident informs the insurer who insured his civil liability, or his representative in any way possible about the place and time of the road traffic accident, as well as about the circumstances that entailed it, in order for the insurer to make a decision on the need to go to the place of the road traffic accident. -transport accident.
3.5. Drivers of vehicles involved in a road traffic accident are required to fill in the traffic accident notification forms issued by the insurers, regardless of the paperwork by the police officers who arrived at the scene of the road traffic accident.
In the absence of disagreements in the circumstances of causing harm and a road traffic accident, the nature and list of visible damage to vehicles, two drivers jointly fill in one road traffic accident notification form.
If more than two vehicles are involved in a road traffic accident or if drivers have disagreements in assessing what happened, as well as if it is impossible for drivers to jointly fill out one road traffic accident notification form (for health reasons, in the event of the death of a driver, due to the refusal of one of them from joint filling out of the form or for other reasons) it is allowed for each driver to fill out his own notification form, indicating the reason for the impossibility of joint filling out of the traffic accident notification. In the event of the death of the driver, the notification of a road traffic accident in relation to this vehicle is not filled in by other persons.
In the event of harm to the life or health of passengers in vehicles, pedestrians, the presence of injured passengers and pedestrians shall be indicated in the notification of a traffic accident. If the participants in the road traffic accident have information about the victims (surnames, names, patronymics), they must submit this information to the insurer. Information about injured passengers, pedestrians is provided to the insurer by police units on the basis of his written request or a request sent in electronic form within the framework of electronic interaction.
In the event of harm to the injured, the driver must inform the insurer about this in the manner and terms established by these Rules.
3.6. When drawing up documents on a road traffic accident without the participation of authorized police officers, the traffic accident notification forms are filled in by both drivers of the vehicles involved in the road traffic accident, while the circumstances of the damage, the scheme of the road traffic accident, the nature and list of visible damages are certified by the signatures of both drivers. In this case, each driver signs both sheets of the notification of a road traffic accident on the front side. The reverse side of the traffic accident notification is drawn up by each driver independently.
The traffic accident notification form shall indicate information about the absence of disagreements between the participants in the road traffic accident regarding the circumstances of the damage caused by damage to vehicles as a result of the road traffic accident, the nature and list of visible damage to vehicles, or the presence and essence of such disagreements.
The insurer has the right to appoint an independent examination of vehicles involved in a road traffic accident, in case of contradictions regarding the nature and list of visible damage to vehicles and (or) the circumstances of causing harm, recorded in the submitted notification of a road traffic accident, in accordance with with clause 3.11 of these Rules.
In order to establish the circumstances of causing harm and determine the amount of losses subject to compensation in connection with damage to property, an independent technical examination, an independent examination (assessment) is carried out. At the request of the insurer, the owners of vehicles involved in the road traffic accident, who have drawn up documents on the road traffic accident in accordance with this paragraph of the Rules, are obliged to submit the said vehicles for inspection and (or) independent technical expertise to the insurer within five working days from the date receipt of such a request, unless the parties have agreed on a different period.
Registration of documents on a road traffic accident without the participation of authorized police officers is not carried out in the following cases:
if there are disagreements about the circumstances of the road traffic accident, the nature and list of visible damage to vehicles (except for cases of paperwork on the road traffic accident in the manner prescribed by paragraph 5 of Article 11.1 of the Federal Law "On Compulsory Civil Liability Insurance of Vehicle Owners");
if one of the participants in the traffic accident refuses to sign the notification;
if it is impossible to record data on a road traffic accident in the manner prescribed by paragraph 5 of Article 11.1 of the Federal Law "On Compulsory Civil Liability Insurance of Vehicle Owners";
in the event that the amount of damage exceeds, according to the preliminary assessment of the participant in the road traffic accident, the amount within which the insurer carries out insurance compensation in the event that the documents on the road traffic accident are drawn up without the participation of authorized police officers.
3.7. The first paragraph has become invalid since June 1, 2018 - Ordinance of the Bank of Russia dated April 16, 2018 N 4775-U
To exercise the right related to compensation for damage caused to his property in an amount exceeding the amount of insurance compensation, the victim may apply to the court with a claim against the person who caused the harm.
The victim has the right to apply to the insurer, which has insured the civil liability of the person who caused the harm, with a claim for compensation for harm that was caused to life or health that arose after the presentation of a claim for compensation for harm caused to his vehicle, and about which the victim did not know at the time submission of a demand in accordance with clauses 3.9, 4.1 - 4.7 of these Rules.
3.8. Traffic accident notifications filled in by drivers - participants of a road traffic accident, drawn up in accordance with clause 3.6 of these Rules, must be delivered as soon as possible, but no later than five working days after the road traffic accident, or sent in any way that provides confirmation of dispatch , to the insurer who insured the driver's civil liability, or to the representative of the insurer in the constituent entity of the Russian Federation at the place of residence (location) of the victim or in the constituent entity of the Russian Federation, on the territory of which the road traffic accident occurred. The driver who is the victim submits to the insurer his or her road traffic accident notification form or the notification form filled out together with other participants in the road accident simultaneously with the submission of an application for insurance compensation or direct compensation for losses. A notice of a road traffic accident of the driver who caused the harm may be sent by facsimile with the simultaneous sending of its original by registered mail to the address of the insurer who insured his civil liability, or a representative of the insurer, specified in the compulsory insurance policy.
3.9. The victim, intending to exercise his right to insurance compensation, is obliged to notify the insurer as soon as possible about the occurrence of the insured event.
Victims or beneficiaries shall submit to the insurer an application for insurance compensation or direct compensation for losses and the documents provided for by these Rules, within the time frame and in the manner established by clause 3.8 or clause 3.6 of these Rules, respectively.
The victim submits a claim for compensation for damage caused to his property to the insurer who has insured the victim's civil liability, if there are simultaneously the circumstances listed in paragraph 3.15 of these Rules.
the second paragraph of clause 4.17 of these Rules, the victim in the application for insurance compensation or direct compensation for losses indicates compensation for damage caused to his vehicle, in kind, and also agrees to a possible increase in the terms of restoration of the vehicle in connection with objective circumstances, including including repair technology and the availability of components (parts, assemblies and assemblies).
In the event that the insurer's obligation to organize and pay for the restoration of the vehicle in the manner prescribed by clauses 4.17.1 and 4.17.2 of these Rules is fulfilled, the victim specifies the service station in the application for insurance compensation or direct compensation for losses to carry out the restoration of the vehicle.
3.10. At the time of filing an application for insurance compensation or direct compensation for losses, the victim shall attach to the application:
a duly certified copy of the identity document of the victim (beneficiary);
documents confirming the powers of the person who is the representative of the beneficiary;
documents containing bank details for receiving insurance compensation, if the payment of insurance compensation will be made by bank transfer;
the consent of the guardianship and trusteeship authorities, in the event that the payment of insurance compensation will be made to a representative of a person (victim (beneficiary) under 18 years of age);
the paragraph has become invalid since March 24, 2018 - Ordinance of the Bank of Russia dated December 25, 2017 N 4664-U
traffic accident notification;
copies of a protocol on an administrative offense, a decision on a case on an administrative offense or a ruling on refusal to initiate a case on an administrative offense, if the preparation of documents on a road traffic accident was carried out with the participation of authorized police officers, and the preparation of such documents is provided for by the legislation of the Russian Federation.
In addition, the victim, depending on the type of damage caused, submits to the insurer the documents provided for in clauses 4.1, 4.2, 4.4 - 4.7 and (or) 4.13 of these Rules.
Submission to the injured party of the necessary documents on insurance compensation for checking their completeness at the request of the victim is carried out in electronic form through the official website of the insurer on the Internet, which does not exempt the victim from the need to submit documents on insurance compensation to the insurer in writing at the location of the insurer or the representative of the insurer ... The insurer considers the applications of the applicants sent in the form of electronic documents, and sends them responses to the e-mail addresses from which these applications were received within the period agreed by the applicant with the insurer, but no later than three working days from the date of receipt of these applications.
The insurer does not have the right to demand from the victim documents that are not provided for by these Rules.
3.11. In the event of damage to property, the victim intending to exercise his right to insurance compensation or direct compensation for losses, within five working days from the date of filing an application for insurance compensation or direct compensation for losses and the documents attached to it in accordance with these Rules, must submit the damaged vehicle or its remains for inspection and (or) an independent technical examination carried out in accordance with the rules approved by the Bank of Russia, other property - for inspection and (or) an independent examination (assessment) carried out in the manner established by the legislation of the Russian Federation, taking into account the specifics established Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners", and the insurer - to inspect the damaged property and (or) organize an independent technical examination, independent examination (assessment).
The insurer inspects the damaged property and (or) organizes an independent technical examination, an independent examination (assessment) by issuing a referral for an independent technical examination, an independent examination (assessment) (including by mail) within a period of no more than five working days from the date of receipt applications for insurance compensation or direct compensation for losses with the attached documents provided for by these Rules, unless another period is agreed between the insurer and the victim. After the inspection and (or) independent technical expertise, independent expertise (assessment) upon the written application of the victim, the insurer is obliged to acquaint him with the results of the inspection and (or) independent technical expertise, independent expertise (assessment). The fact that the insurer has fulfilled the obligation to organize an independent technical examination, independent examination (assessment) is the issuance of an appropriate direction to the victim (including by mail).
The insurer is obliged to agree with the victim the time and place of the inspection and (or) organization of an independent examination of the damaged property, taking into the time agreed with the insurer is obliged to present the damaged property.
If the victim fails to provide the damaged property or its remains for inspection and (or) independent technical expertise, independent expertise (assessment) on the date agreed with the insurer, the insurer agrees with the victim a new date for the inspection and (or) independent technical expertise, independent expertise (assessment) of the damaged property or its remains. At the same time, if the victim fails to comply with the obligation established by this paragraph of the Rules to submit damaged property or its remains for inspection and (or) independent technical expertise, independent expertise (assessment), the time period for the insurer to make a decision on insurance compensation, specified in paragraph 4.22 of these Rules, may be extended for a period not exceeding the number of days between the date of presentation of damaged property or its remains to the victim and the date of inspection and (or) independent technical examination, independent examination (assessment) agreed with the victim, but not more than 20 calendar days, excluding non-working holidays ... If the injured party fails to provide the damaged property or its remains for inspection and (or) independent technical expertise, independent expertise (assessment), the insurer shall notify the victim in writing of the impossibility of making a decision on insurance compensation before the victim performs the specified actions.
If the nature of the damage or features of the damaged vehicle, other property precludes its presentation for inspection and independent technical expertise, independent expertise (assessment) at the location of the insurer and (or) expert (including if damage to the vehicle excludes its participation in road traffic) , this is indicated in the application. In this case, an inspection and an independent technical examination, an independent examination (assessment) are carried out at the location of the damaged property within a period of not more than five working days from the date of filing an application for insurance compensation or direct compensation for losses and documents provided for in paragraph 3.10 of these Rules, and in if a damaged vehicle or other property is found in hard-to-reach, remote or sparsely populated areas - within a period of not more than 10 working days from the date of filing an application for insurance compensation or direct compensation for losses and documents provided for in paragraph 3.10 of these Rules, unless other terms have been agreed between the insurer and the victim.
At the request of the insurer, the owner of a vehicle involved in a road traffic accident, in the case of drawing up documents on a road traffic accident in accordance with paragraph 3.6 of these Rules, submits the vehicle for inspection and (or) for an independent technical examination in accordance with the procedure established by this paragraph Of the rules.
3.12. If the insurer, within the period specified in clause 3.11 of these Rules, has not inspected the damaged property and (or) has not organized its independent technical expertise, independent expertise (assessment), then the victim has the right to independently apply for such technical expertise or expertise (assessment) without presenting the damaged property or its remains to the insurer for inspection.
In this case, the results of an independent technical examination independently organized by the victim, an independent examination (assessment) are accepted by the insurer to determine the amount of insurance compensation.
The cost of an independent technical examination, an independent examination (assessment), on the basis of which the insurance compensation was made, is included in the list of losses subject to compensation by the insurer under the compulsory insurance contract.
3.13. In order to find out, in case of damage to vehicles, the circumstances of the damage caused, to establish the nature of the damage to the vehicle and their causes, technology, methods, the cost of repairing it, as well as the actual value of the vehicle as of the date of the road traffic accident, an independent technical examination of the vehicle is carried out in accordance with the rules approved by the Bank of Russia, or an independent examination (assessment).
3.14. In the event that the inspection and (or) independent technical expertise, independent expertise (assessment) of the damaged property or its remains presented to the victim does not allow to reliably establish the existence of an insured event and determine the amount of losses to be reimbursed under the compulsory insurance contract, in order to clarify these circumstances, the insurer has the right within 10 working days from the moment the victim submits an application for insurance compensation or direct compensation for losses, inspect the vehicle, when using which the victim was injured, and (or) at his own expense organize and pay for an independent technical examination in relation to this vehicle. The owner of a vehicle, during the use of which the victim's property was damaged, is obliged to present this vehicle at the request of the insurer.
The results of the inspection and (or) an independent technical examination (assessment) are drawn up in writing and signed by the insurer (his representative), an expert technician, a representative of an independent expert organization who conducted an independent technical examination, if such an examination was carried out, and by the vehicle owner.
The insurer refuses to provide the victim with insurance compensation or a part thereof, if the repair of damaged property or disposal of its remains, carried out prior to the inspection by the insurer and (or) an independent technical examination, independent examination (assessment) of the damaged property in accordance with the requirements of these Rules, do not allow to reliably establish the presence of an insured event and the amount of losses to be reimbursed under the compulsory insurance contract.
3.15. The victim submits a claim for compensation for damage caused to his property to the insurer who has insured the victim's civil liability, if the following circumstances exist simultaneously:
as a result of a road traffic accident, damage was caused only to vehicles specified in paragraph three of this clause of the Rules;
the road traffic accident occurred as a result of interaction (collision) of two or more vehicles (including vehicles with trailers), the civil liability of the owners of which is insured in accordance with the Federal Law "On Compulsory Civil Liability Insurance of Vehicle Owners".
3.16. The insurer who has insured the civil liability of the victim makes an assessment of the circumstances of the road traffic accident set forth in the notice of the road traffic accident, and on the basis of the application for direct compensation for losses and the submitted documents, compensates the victim for damage caused to the vehicle of the victim, in the amount of insurance compensation from the name of the insurer who insured the civil liability of the person who caused the harm (carries out direct compensation for losses).
3.17. 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 harm, with a claim for compensation for harm caused to life or health that arose after the presentation of a claim for direct compensation for losses and about which the victim did not know on the moment the demand is made.
A victim who has the right to file a claim for compensation for damage caused to his property directly to the insurer who insured his civil liability, if the arbitration court decides to declare such an insurer bankrupt and to open bankruptcy proceedings in accordance with the legislation on insolvency (bankruptcy) or in case of revocation he has a license to carry out insurance activities makes a claim for insurance compensation to the insurer who has insured the civil liability of the person who caused the harm.
3.18. The insurer who has insured the civil liability of the victim shall compensate for the damage caused to the vehicle of the victim on behalf of the insurer who has insured the civil liability of the person who caused the damage (carries out direct compensation for losses) in accordance with the agreement on direct compensation for losses.
The provisions of the Federal Law "On Compulsory Civil Liability Insurance of Vehicle Owners", which are established in relation to the insurer to whom an application for insurance compensation is presented, are applied to the insurer that has insured the civil liability of the victim, in the event of a claim against him for direct compensation for losses.
3.19. The provisions of Chapter 3 of these Rules are equally applied in relation to the representative of the insurer who has insured the civil liability of the victim, in the event that the victim applies to him with an application for direct compensation for losses.
This implies a resolution of the government of the country, which approved the norms that determine the object of insurance, the insured event, the insured amount and the procedure for its payment, the term of the contract, as well as actions in the event of an accident. We invite you to familiarize yourself with this document.
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
ON APPROVAL OF THE RULES
In accordance with the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners", the Government of the Russian Federation decides:
1. To approve the attached Rules of compulsory insurance of civil liability of vehicle owners.
Prime Minister
Russian Federation
M. KASYANOV
REGULATIONS
OBLIGATORY CIVIL LIABILITY INSURANCE
VEHICLE OWNERS
(as amended by Resolutions of the Government of the Russian Federation of 28.08.2006 N 525,
of 18.12.2006 N 775, of 21.06.2007 N 389, of 29.02.2008 N 129,
from 29.02.2008 N 131, from 08.08.2009 N 653,
as amended by the decisions of the Supreme Court of the Russian Federation
from 10.07.2006 N GKPI06-529, from 24.07.2007 N GKPI07-658)
I. General Provisions
1. These Rules define the standard conditions, in accordance with which the contract of compulsory insurance of civil liability of vehicle owners is concluded (hereinafter referred to as the contract of compulsory insurance).
2. When carrying out compulsory civil liability insurance of vehicle owners (hereinafter referred to as compulsory insurance), the insurer undertakes for the payment (insurance premium) stipulated by the compulsory insurance contract upon the occurrence of an event (insured event) provided for by these Rules to make an insurance payment to the victim (third party) for the purpose of compensation for harm caused to the life, health or property of the victim, within the amount specified in the contract (sum insured).
(Clause 2 as amended by the Decree of the Government of the Russian Federation of 29.02.2008 N 131)
3. Compulsory insurance in accordance with these Rules is not subject to the risk of civil liability of vehicle owners:
a) the maximum design speed of which is not more than 20 km / h;
b) which, 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 road traffic on the territory of the Russian Federation;
c) which are at the disposal of the Armed Forces of the Russian Federation, with the exception of buses, cars and trailers for them, other vehicles used to support the economic activities of the Armed Forces of the Russian Federation;
d) registered in foreign countries, if the civil liability of the owners of such vehicles is insured within the framework of international systems of civil liability insurance of vehicle owners, a member of which is a professional association of insurers, acting in accordance with the Federal Law "On Compulsory Civil Liability Insurance of Vehicle Owners";
(subparagraph "g" as amended by the Resolution of the Government of the Russian Federation of February 29, 2008 N 131)
e) in the part concerning trailers for passenger cars belonging to citizens.
(subparagraph "d" was introduced by the Decree of the Government of the Russian Federation of February 29, 2008 N 131)
4. The following concepts are used in these Rules:
"vehicle" - a device designed to transport people, goods or equipment installed on it by road. A vehicle is also a trailer (semitrailer and dismantling trailer), not equipped with an engine and intended for movement in a convoy with a power-driven vehicle. The vehicle is allowed to participate in road traffic in accordance with the legislation of the Russian Federation;
"use of a vehicle" - the operation of a vehicle associated with its participation in movement within the boundaries of roads (road traffic), except for railways, as well as in the territories adjacent to them and intended for movement of vehicles (courtyards, residential areas, parking lots of vehicles , gas stations and other areas). Operation of equipment installed on a vehicle and not directly related to the participation of the vehicle in road traffic does not constitute the use of the vehicle;
"limited use of vehicles owned or in the possession of citizens" - driving vehicles owned or in the possession of citizens, only by the drivers specified by the insured and (or) seasonal use of vehicles for 3 or more months in a calendar year;
"limited use of vehicles owned or owned by legal entities" - seasonal use of vehicles owned or owned by legal entities (snow removal, agricultural, watering and other special vehicles) for 6 or more months in the calendar year;
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
"vehicle owner" - the owner of a vehicle, as well as a person who owns a vehicle on the basis of the right of economic management or the right of operational management or on any other legal basis (lease right, power of attorney for the right to drive a vehicle, order of the relevant authority to transfer the vehicle to him, and etc.). The person who drives the vehicle in the performance of his official or work duties, including on the basis of an employment or civil contract with the owner or other owner of the vehicle, is not the owner of the vehicle;
"driver" - a person who drives a vehicle (uses a vehicle) on the right of possession, use, order, the risk of liability of which is insured under a compulsory insurance contract. This person, among other things, drives a vehicle on the basis of an employment contract (contract) or a civil law contract with the owner or other owner of the vehicle, the risk of liability of which is insured in accordance with the compulsory insurance contract. When learning how to drive a vehicle, a training person is considered a driver;
"victim" - a person whose life, health or property was damaged when using a vehicle by another person, including a pedestrian, a driver of a vehicle who suffered damage, and a passenger of a vehicle - a participant in a road traffic accident;
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
"place of residence (location) of the victim" - the place of residence of a citizen (location of a legal entity), determined in accordance with civil legislation, recognized as a victim;
"policyholder" - a person who has entered into a compulsory insurance contract with the insurer;
(as amended by Resolutions of the Government of the Russian Federation of 28.08.2006 N 525)
"insurer" - an insurance organization that has the right to carry out compulsory insurance of civil liability of vehicle owners on the conditions and in the manner established by the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" and these Rules in accordance with a permit (license) issued by a federal body executive power for supervision of insurance activities;
"representative of the insurer" - a separate subdivision of the insurer (branch) in a constituent entity of the Russian Federation, exercising, within the limits provided for by the civil legislation of the Russian Federation, the insurer's powers to consider claims of victims of insurance payments and their implementation, or another insurer performing these powers at the expense of a compulsory insurance contract an insurer on the basis of an agreement with an insurer;
"professional association of insurers" - a non-profit organization acting in accordance with the established procedure in order to ensure interaction of insurers and develop rules for professional activity;
"insurance policy of compulsory insurance" - a document of the established form, certifying the implementation of compulsory insurance;
"insurance rates" - price rates established in accordance with the Federal Law "On compulsory insurance of civil liability of vehicle owners" used by insurers when determining the insurance premium under a compulsory insurance contract and consisting of base rates and coefficients;
(as amended by Resolutions of the Government of the Russian Federation of 28.08.2006 N 525)
"sum insured" - a sum of money in the currency of the Russian Federation determined by the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners", within which the insurer undertakes upon the occurrence of each insured event (regardless of their number during the term of the compulsory insurance contract) to reimburse the victims harm caused;
"insurance premium" - an amount of money in the currency of the Russian Federation, which the policyholder is obliged to pay to the insurer in accordance with the compulsory insurance contract;
"insurance payment" - the amount of money that, in accordance with the compulsory insurance contract, the insurer is obliged to pay to the victims as compensation for harm caused to their life, health or property in the event of an insured event. In the event of damage to property, the insurer, with the consent of the victim, has the right to replace the insurance payment with compensation for damage in kind, to organize the repair or replacement of the damaged property within the limits of the insured amount;
"Act on the insured event" - a document drawn up by the insurer after the victim submits an application for insurance payment, fixing the reasons and circumstances of the traffic accident that is an insured event, its consequences, the nature and amount of damage incurred, the amount of the insured amount to be paid and confirming the decision of the insurer on the implementation of insurance payments or direct compensation for losses;
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
"compensation payments" - payments that are made in accordance with the Federal Law "On compulsory insurance of civil liability of vehicle owners" in the event that the insurance payment for compulsory insurance cannot be made;
(as amended by Resolutions of the Government of the Russian Federation of 28.08.2006 N 525)
"independent examination" - an examination carried out in order to clarify the circumstances of the damage and determine the amount of losses subject to compensation in connection with damage to property. In the event of damage to a vehicle, in order to clarify the circumstances of the insured event, establish damage to the vehicle, technology, methods and cost of repair, an independent technical examination of the vehicle is carried out in accordance with the rules established by the Government of the Russian Federation;
"direct compensation for losses" - compensation for damage to the property of the victim by the insurer who has entered into a compulsory insurance contract with the victim - the owner of the vehicle.
II. Compulsory insurance object, insured event
5. The object of compulsory insurance is property interests associated with the risk of civil liability of the owner of the vehicle for obligations arising from harm to the life, health or property of the victims when using the vehicle on the territory of the Russian Federation.
6. A road traffic accident is an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, goods were damaged, or other material damage was caused. The provisions of these Rules governing the behavior of participants in a road traffic accident are also applied in cases of injury to victims when using a vehicle on the territories adjacent to roads.
7. An insured event is the onset of civil liability of the owner of a vehicle for causing harm to the life, health or property of the victims when using the vehicle, which entails, in accordance with the compulsory insurance contract, the obligation of the insurer to make an insurance payment.
(Clause 7 as amended by the Decree of the Government of the Russian Federation of 29.02.2008 N 131)
8. In accordance with these Rules, the damage caused as a result of:
a) force majeure or intent of the victim;
b) exposure to a nuclear explosion, radiation or radioactive contamination;
c) military actions, as well as maneuvers or other military measures;
d) civil war, civil unrest or strikes.
8.1. Damage caused to property belonging to the person responsible for the damage caused shall not be reimbursed.
(Clause 8.1 was introduced by the Decree of the Government of the Russian Federation of 28.08.2006 N 525)
9. The occurrence of civil liability of vehicle owners does not apply to insured events due to:
a) causing harm when using a vehicle other than that specified in the compulsory insurance contract;
b) infliction of moral harm or the emergence of an obligation to compensate for lost profits;
c) causing harm when using vehicles during competitions, tests or training driving in specially designated places;
d) pollution of the environment;
e) causing harm as a result of the impact of the transported cargo, if the risk of such liability is subject to compulsory insurance in accordance with the law on the appropriate type of compulsory insurance;
f) causing harm to the life or health of employees in the performance of their labor duties, if this harm is subject to compensation in accordance with the law on the appropriate type of compulsory insurance or compulsory social insurance;
g) the emergence of the obligation to reimburse the employer for losses caused by causing harm to the employee;
h) causing damage by the driver to the vehicle he drives and the trailer to it, the cargo carried in them, the equipment installed on them and other property;
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
i) causing harm when loading cargo onto a vehicle or unloading it;
j) is no longer valid. - Decree of the Government of the Russian Federation of February 29, 2008 N 131;
k) damage or destruction of antiques and other unique items, buildings and structures of historical and cultural significance, products made of precious metals and precious and semiprecious stones, cash, securities, objects of religious worship, as well as works of science, literature and art, other objects of intellectual property;
l) the emergence of the obligation of the owner of the vehicle to compensate for harm in the part exceeding the amount of liability provided for by the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" and Chapter 59 of the Civil Code of the Russian Federation (if a higher amount of liability is established by federal law or agreement) ...
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
III. Sum insured, insurance premium and procedure for its payment
10. The insured amount, within which the insurer, upon the occurrence of each insured event (regardless of their number during the term of the compulsory insurance contract), undertakes to compensate the injured for the damage caused, is:
in terms of compensation for harm caused to the life or health of each victim - no more than 160 thousand rubles;
in terms of compensation for damage caused to the property of several victims - no more than 160 thousand rubles;
in terms of compensation for damage caused to the property of one victim - no more than 120 thousand rubles.
The insurance premium is determined in accordance with the insurance rates established by the Government of the Russian Federation.
A change by the Government of the Russian Federation of insurance rates during the term of the compulsory insurance agreement does not entail a change in the insurance premium paid by the insured according to the insurance rates in force at the time of payment.
(Clause 10 as amended by the Resolution of the Government of the Russian Federation of 29.02.2008 N 131)
11. The calculation of the insurance premium under the compulsory insurance contract is carried out by the insurer on the basis of the information provided by the insured in a written application for the conclusion of the compulsory insurance contract.
If the terms of the compulsory insurance contract are changed during its validity period, as well as in other cases provided for by these Rules, the insurance premium may be adjusted after the commencement of the compulsory insurance contract in the direction of its decrease or increase, depending on the changed information provided by the policyholder to the insurer.
The policyholder has the right to demand from the insurer a written calculation of the insurance premium payable. The insurer is obliged to submit such a calculation within 3 working days from the date of receipt of the corresponding written application from the policyholder.
12. The insurance premium under the compulsory insurance contract is paid by the policyholder to the insurer in cash or by bank transfer when concluding the compulsory insurance contract.
The date of payment of the insurance premium is considered either the day of payment of the insurance premium in cash to the insurer, or the day of transfer of the insurance premium to the current account of the insurer.
IV. Validity period, order of conclusion and changes
compulsory insurance contract
13. The compulsory insurance contract is concluded for 1 year, except for the cases provided for in this paragraph. The compulsory insurance contract is concluded in relation to the owner of the vehicle, the persons specified by him in the compulsory insurance contract, or in relation to an unlimited number of persons admitted by the owner to drive the vehicle in accordance with the compulsory insurance contract, as well as other persons using the vehicle on a legal basis ...
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
Owners of vehicles registered in foreign countries and temporarily used on the territory of the Russian Federation conclude a compulsory insurance contract for the entire period of temporary use of such vehicles, but not less than 5 days.
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
When purchasing a vehicle (buying, inheriting, accepting as a gift, etc.), its owner has the right to conclude a compulsory insurance contract for the period of travel to the place of registration of the vehicle. When registering a vehicle, its owner must present to the employee of the registering authority a compulsory insurance policy confirming the conclusion of a compulsory insurance contract for a period of 1 year.
14. The owner of the vehicle has the right to freely choose the insurer that carries out compulsory insurance.
The insurer does not have the right to refuse to conclude a compulsory insurance agreement to the owner of a vehicle who has applied to him with an application for concluding a compulsory insurance agreement and has submitted documents in accordance with these Rules.
15. To conclude a compulsory insurance contract, the policyholder submits the following documents to the insurer:
a) an application for the conclusion of a compulsory insurance contract in the form approved by the federal executive body in charge of developing state policy and legal regulation in the field of insurance activities;
b) an identity document (if the policyholder is an individual);
c) certificate of state registration of a legal entity (if the insured is a legal entity);
d) vehicle registration document issued by the vehicle registration authority (vehicle passport, vehicle registration certificate, technical passport, technical coupon or similar document);
e) a driver's license or a copy of a driver's license of a person allowed to drive a vehicle (if the compulsory insurance contract will provide for the admission of certain persons to drive a vehicle).
(Clause 15 as amended by the Decree of the Government of the Russian Federation of 29.02.2008 N 131)
15.1. The policyholder is responsible for the presentation of deliberately false information and (or) invalid documents in accordance with the legislation of the Russian Federation.
(Clause 15.1 was introduced by the Decree of the Government of the Russian Federation of 28.08.2006 N 525)
16. By agreement of the parties, the policyholder has the right to submit copies of the documents required to conclude a compulsory insurance contract.
The policyholder is responsible for the completeness and accuracy of the information and documents submitted to the insurer.
17. The policyholder, when filling out an application for concluding a compulsory insurance contract, does not fill in the line "State registration plate" if by the time of concluding the compulsory insurance contract the vehicle, the owner of which he owns, has not passed state registration in accordance with the established procedure. After the state registration of the vehicle and the receipt of the state registration plate, the policyholder is obliged to inform the insurer within 3 working days, which, on the basis of the data received, makes a corresponding entry in the compulsory insurance policy form.
18. When concluding a compulsory insurance contract, the owner of a vehicle registered in a foreign state and temporarily used on the territory of the Russian Federation shall submit the documents provided for in subparagraphs "b", "d" and "e" of paragraph 15 of these Rules.
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
19. When concluding a compulsory insurance contract, the insurer has the right to inspect the vehicle at the place of residence of the policyholder (at the location of the legal entity), unless otherwise arises from the agreement of the parties.
20. Together with the application for the conclusion of a compulsory insurance contract, the policyholder submits to the insurer information about the number and nature of insured events that have occurred, about the insurance payments made and about future insurance payments, the insurance period, the considered and unsettled claims of the victims regarding insurance payments, and other information about insurance during the period. the validity of the compulsory insurance contract presented by the insurer with whom the last compulsory insurance contract was concluded, in the manner prescribed by paragraph 35 of these Rules (hereinafter referred to as information on insurance).
Information about insurance is not provided by a person who annually renews a compulsory insurance contract with one insurer.
When concluding a compulsory insurance contract that provides for driving only by the drivers specified by the policyholder (limited use), the policyholder provides the insurer with information about insurance in relation to each driver specified by him.
When concluding a compulsory insurance contract without restriction of persons admitted to driving a vehicle, the policyholder provides the insurer with information about insurance in relation to the owner of the vehicle.
(Clause 20 as amended by the Resolution of the Government of the Russian Federation of 28.08.2006 N 525)
21. Vehicle owners have the right to conclude a compulsory insurance contract providing for the limited use of vehicles in their ownership or possession.
Limited use of vehicles owned or in the possession of citizens is the driving of vehicles owned or in the possession of citizens, only by the drivers specified by the insured and (or) seasonal use of vehicles for 3 or more months in a calendar year.
Limited use of vehicles owned or owned by legal entities is the seasonal use of vehicles owned or owned by legal entities (snow removal, agricultural, watering and other special vehicles) for 6 or more months in a calendar year ...
The period of use of the vehicle during the calendar year, as well as the drivers allowed by citizens to drive the vehicle, are indicated in the application for concluding a compulsory insurance contract.
(Clause 21 as amended by the Resolution of the Government of the Russian Federation of 29.02.2008 N 131)
22. During the validity period of the compulsory insurance contract, the policyholder is obliged to immediately notify the insurer in writing about changes in the information specified in the application for concluding the compulsory insurance contract.
If a limited use of a vehicle is indicated in the compulsory insurance contract, the policyholder is obliged to inform the insurer in writing before transferring control of the vehicle to a driver who is not specified in the compulsory insurance policy, about the emergence of his right to drive this vehicle, as well as about changing the period use of the vehicle in comparison with the period specified in the compulsory insurance contract. The policyholder is obliged to inform the insurer about the increase in the period of use of the vehicle before the expiry of the period of use of the vehicle specified in the compulsory insurance contract.
23. Upon receipt of an application from the policyholder to change the information specified in the application for concluding a compulsory insurance contract and (or) submitted when concluding a compulsory insurance contract, the insurer has the right to demand from the policyholder to pay, if necessary, an additional insurance premium commensurate with the increase in the degree of risk and make changes to the insurance compulsory insurance policy based on insurance rates for compulsory insurance.
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
Changes to the compulsory insurance policy are made by making a corresponding entry in the section "Special notes" indicating the date and time of making the changes and certifying the changes with the signature of the representative of the insurer and the seal of the insurer or by issuing a reissued (new) compulsory insurance policy within 2 working days from the date the policyholder returned the previously issued insurance policy. The compulsory insurance policy returned by the policyholder is kept by the insurer together with 2 copies of the reissued insurance policy. On the initial and reissued compulsory insurance policies, a note is made about reissuing, indicating the date of reissuance and the numbers of the original and reissued compulsory insurance policies.
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
24. The document certifying the implementation of compulsory insurance is a compulsory insurance policy drawn up by the insurer in the form approved by the federal executive body in charge of developing state policy and legal regulation in the field of insurance activities.
(as amended by Resolutions of the Government of the Russian Federation of 08.08.2009 N 653)
The compulsory insurance policy form has a uniform form throughout the territory of the Russian Federation and is a document of strict reporting.
The compulsory insurance policy shall indicate the vehicle or trailer in use, with the exception of trailers for passenger cars belonging to citizens.
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
Simultaneously with the insurance policy, the policyholder is given free of charge a list of the insurer's representatives in the constituent entities of the Russian Federation, the text of these Rules, 2 traffic accident notification forms in the form approved by the Ministry of Internal Affairs of the Russian Federation in agreement with the Ministry of Finance of the Russian Federation.
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
In the future, the traffic accident notification forms are issued by the insurer free of charge at the request of the person whose liability is insured under the compulsory insurance contract.
A compulsory insurance policy is issued to the policyholder directly upon payment of the insurance premium in cash, and if it is paid by bank transfer - no later than the business day following the day the insurance premium is transferred to the insurer's current account.
If the compulsory insurance policy is lost, the policyholder has the right to receive its duplicate free of charge.
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
25. Abolished from October 1, 2006. - Resolution of the Government of the Russian Federation of August 28, 2006 N 525.
26. The 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 26 as amended by the Decree of the Government of the Russian Federation of 29.02.2008 N 131)
27. The driver of a vehicle participating in road traffic is obliged to have a compulsory insurance policy.
(Clause 27 as amended by the Resolution of the Government of the Russian Federation of 29.02.2008 N 131)
V. The procedure for extending the compulsory insurance contract
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
28. Extension of the compulsory insurance contract is carried out by concluding a compulsory insurance contract upon expiration of its validity for a new period with the insurer with whom the previous insurance contract was concluded, in accordance with the procedure provided for in Section IV of these Rules.
If the policyholder refuses to renew the compulsory insurance contract, the insurer shall provide information about insurance in accordance with paragraph 35 of these Rules.
(Clause 28 as amended by the Decree of the Government of the Russian Federation of 29.02.2008 N 131)
29 - 32. Abolished. - Resolution of the Government of the Russian Federation of February 29, 2008 N 131.
Vi. Early termination of the agreement
compulsory insurance
33. The compulsory insurance contract is terminated early in the following cases:
a) death of a citizen - the insured or the owner;
b) liquidation of the legal entity - the insured;
c) liquidation of the insurer;
d) destruction (loss) of the vehicle specified in the compulsory insurance policy;
e) other cases provided for by the legislation of the Russian Federation.
(Clause 33 as amended by the Resolution of the Government of the Russian Federation of 28.08.2006 N 525)
33.1. The policyholder has the right to early terminate the compulsory insurance contract in the following cases:
a) revocation of the insurer's license in accordance with the procedure established by the legislation of the Russian Federation;
b) replacement of the owner of the vehicle;
c) other cases provided for by the legislation of the Russian Federation.
(Clause 33.1 was introduced by the Decree of the Government of the Russian Federation of 28.08.2006 N 525)
33.2. The insurer has the right to early terminate the compulsory insurance contract:
a) in case of revealing false or incomplete information provided by the insured when concluding a compulsory insurance contract, which is essential for determining the degree of insurance risk;
b) other cases stipulated by the legislation of the Russian Federation.
(Clause 33.2 was introduced by the Decree of the Government of the Russian Federation of 28.08.2006 N 525)
33.3. Early termination of the compulsory insurance contract does not entail the release of the insurer from the obligation to make insurance payments for the insured events that occurred during the validity of the compulsory insurance contract.
(Clause 33.3 was introduced by the Decree of the Government of the Russian Federation of 28.08.2006 N 525)
34. In the event of early termination of the compulsory insurance contract on one of the grounds provided for in subparagraph "b" of paragraph 33, subparagraph "c" of paragraph 33.1 and subparagraph "a" of paragraph 33.2 of these Rules, part of the insurance premium under the compulsory insurance contract is not refunded to the policyholder. In other cases, the insurer returns to the policyholder a part of the insurance premium for the unexpired term of the compulsory insurance contract.
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
The calculation of the unexpired term of the contract (the period of use of the vehicle) starts from the day following the date of early termination of the compulsory insurance contract.
In cases of early termination of the compulsory insurance contract provided for in paragraph 33 of these Rules, the date of early termination of the compulsory insurance contract is the date of the event that was the basis for its early termination and the occurrence of which is confirmed by documents of the relevant state and other authorities.
In cases of early termination of the compulsory insurance contract provided for in clause 33.1 of these Rules, the date of early termination of the compulsory insurance contract is the date of receipt by the insurer of a written application from the policyholder on early termination of the compulsory insurance contract.
In cases of early termination of the compulsory insurance contract provided for in paragraph 33.2 of these Rules, the date of early termination of the compulsory insurance contract is the date the policyholder receives a written notice from the insurer.
Part of the insurance premium is returned to the policyholder (his legal representatives, heirs) within 14 calendar days from the date following the date of receipt by the insurer of information about the cases provided for in subparagraphs "a", "c", "d", "e" of paragraph 33 of these Rules , or the statement of the insured about early termination of the compulsory insurance contract on one of the grounds provided for in clause 33.1 of these Rules, or within 14 calendar days from the date following the date of receipt by the insured of a written notice of the insurer on early termination of the compulsory insurance contract on the grounds provided for in subparagraph "b" of paragraph 33.2 of these Rules.
(Clause 34 as amended by the Resolution of the Government of the Russian Federation of 28.08.2006 N 525)
35. In case of early termination or upon expiration of the compulsory insurance contract, the insurer provides the policyholder with information about insurance in the form approved by the federal executive body in charge of developing state policy and legal regulation in the field of insurance activities. Information about insurance is provided by the insurer free of charge in writing within 5 days from the date of the corresponding request of the policyholder.
(as amended by Resolutions of the Government of the Russian Federation of 08.08.2009 N 653)
Information about insurance is provided by the insured to the insurer when performing compulsory insurance in subsequent periods and is taken into account by the insurer when calculating the insurance premium under the compulsory insurance contract.
(Clause 35 as amended by the Resolution of the Government of the Russian Federation of 29.02.2008 N 131)
36. A compulsory insurance contract may be recognized by a court as invalid from the moment of its conclusion in the manner prescribed by the legislation of the Russian Federation.
Vii. Actions of persons upon the occurrence of an insured event
37. In the event of an insured event (road traffic accident), drivers - participants in this accident must take measures and fulfill the obligations provided for by the Traffic Rules of the Russian Federation, approved by the Resolution of the Council of Ministers - the Government of the Russian Federation of October 23, 1993 N 1090, as well as take the necessary measures in the current circumstances in order to reduce possible losses from the accident, write down the names and addresses of eyewitnesses and indicate them in the notification of the road traffic accident, take measures to draw up documents about the accident in accordance with these Rules.
38. A driver who is a participant in a road traffic accident is obliged to inform other participants in a road traffic accident who intend to file a claim for compensation for harm, information about the compulsory insurance contract, including the number of the compulsory insurance policy, as well as the name, address and telephone number of the insurer.
Participants in a traffic accident must notify their insurers about the occurrence of an insured event.
(the paragraph was introduced by the Decree of the Government of the Russian Federation of February 29, 2008 N 131)
39. To resolve the issue of making insurance payments, the insurer accepts documents on the road traffic accident, drawn up by authorized police officers who arrived at the scene according to the information of its participants, or drawn up (in the absence of victims in the event of a road traffic accident, life and health which caused harm, as well as with the mutual consent of the drivers in assessing the circumstances of the incident) by police officers at the nearest road patrol post or in a police department in accordance with clause 2.6 of the Traffic Rules of the Russian Federation, or drawn up by participants in a road traffic accident in cases and procedure , which are established in paragraph 41.1 of these Rules.
(Clause 39 as amended by the Resolution of the Government of the Russian Federation of 29.02.2008 N 131)
40. Registration of documents on a road traffic accident may be carried out in the presence of the insurer (representative of the insurer) to determine the circumstances of the road traffic accident and the damage (damage) caused by the policyholder or the victim. To do this, a driver who is a participant in a road traffic accident, intending to file a claim for insurance payment, has the right to inform the insurer or his representative in any available way (for example, by the phone numbers specified in the insurance policy) about the place and time of the road traffic accident, as well as the circumstances that entailed it, for the insurer to make a decision on the need to go to the scene of the road traffic accident.
41. Drivers of vehicles involved in a road traffic accident are obliged to fill in the traffic accident notification forms issued by insurers, regardless of the execution of documents by the police officers who arrived at the scene of the road traffic accident.
In the absence of disagreements in the circumstances of the damage and the road traffic accident, the nature and list of visible damage to vehicles, minor damage, it is allowed to jointly fill in 2 drivers of one road traffic accident notification form.
Drivers inform the policyholders about the traffic accident and fill in the forms of such notifications.
If more than 2 vehicles are involved in a road accident and the drivers have disagreements in assessing what happened, as well as if it is impossible for drivers to fill out one road accident notification form together (for health reasons, in the event of the death of a driver, due to the refusal of one of them from joint filling out of the form or for other reasons) it is allowed for each driver to fill in his own notification form, indicating the reason for the impossibility of joint filling in the notification of a traffic accident. In the event of the death of the driver, the notification of a road traffic accident in relation to this vehicle is not filled in by other persons.
In the event of harm to the life or health of passengers in vehicles, the presence of injured passengers is indicated in the notification of a traffic accident. If the participants in the traffic accident have information about the injured passengers (surnames, names, patronymics), they must submit this information to the insurer. Information about injured passengers is provided to the insurer by the police on the basis of his written request.
In the event of harm to the injured, the driver must inform the insurer about this in the manner and within the time limits established by these Rules.
(Clause 41 as amended by the Resolution of the Government of the Russian Federation of 29.02.2008 N 131)
41.1. Registration of documents on a road traffic accident can be carried out without the participation of authorized police officers in the presence of the following circumstances at the same time:
as a result of a road traffic accident, damage was caused only to property;
a road traffic accident occurred with the participation of 2 vehicles, the civil liability of the owners of which is insured in accordance with the Federal Law "On Compulsory Civil Liability Insurance of Vehicle Owners";
the circumstances of causing harm in connection with damage to property as a result of a road traffic accident and (or) determining the nature and list of visible damage to vehicles do not cause disagreements among the participants in a road traffic accident and are recorded in notifications of a road traffic accident, the forms of which are filled in by drivers of vehicles involved in the road accident.
The traffic accident notification form is filled in by both drivers of vehicles, while the circumstances of the damage, the scheme of the traffic accident, the nature and list of visible damage are certified by the signatures of both drivers.
If there are disagreements in the circumstances of causing damage to property as a result of a road traffic accident, the nature and list of visible damage to vehicles, refusal to sign a notice by one of the participants in the road traffic accident or the amount of damage exceeding, according to an approximate estimate, 25 thousand rubles, transport accident is carried out with the participation of authorized police officers.
In the case of drawing up documents on a road traffic accident without the participation of authorized police officers, the completed road traffic accident notification form, together with the victim's claim for insurance payment, is sent to the insurer to determine the amount of losses to be reimbursed.
The insurer has the right to appoint an independent examination of the vehicles involved in the road accident in case of contradictions regarding the nature and list of visible damage to vehicles and (or) the circumstances of causing damage in connection with damage to property as a result of a road accident, recorded in the submitted notification of a road traffic accident, in accordance with paragraph 45 of these Rules.
In the case of drawing up documents on a road traffic accident without the participation of authorized police officers, the amount of insurance payment due to the victim in compensation for damage caused to his property cannot exceed 25 thousand rubles.
(Clause 41.1 was introduced by the Decree of the Government of the Russian Federation of February 29, 2008 N 131)
41.2. The victim who has received an insurance payment on the basis of clause 41.1 of these Rules is not entitled to present the insurer with additional claims for compensation for damage caused to his property as a result of such a traffic accident.
To exercise the right related to compensation for damage caused to his property in an amount exceeding 25 thousand rubles, the victim may apply to the court with a claim against the person who caused the harm.
The victim has the right to apply to the insurer, which has insured the civil liability of the person who caused the harm, for compensation for harm that was caused to life or health, arose after the presentation of the claim for insurance payment and about which the victim did not know at the time of the presentation of the claim in accordance with paragraphs 43, 51 - 56 of these Rules.
(Clause 41.2 was introduced by the Decree of the Government of the Russian Federation of February 29, 2008 N 131)
42. Notifications of a road traffic accident filled in by drivers - participants in a road traffic accident, drawn up in accordance with paragraph 41 of these Rules, must be delivered as soon as possible, but no later than 15 working days after the road traffic accident, or sent in any way that ensures confirmation of shipment, to the insurer or the representative of the insurer in the constituent entity of the Russian Federation at the place of residence (location) of the victim or in the constituent entity of the Russian Federation, on the territory of which the road traffic accident occurred. The driver, who is the victim, submits to the insurer his own road accident notification form or a single notification form filled out together with other participants in the road accident simultaneously with the submission of the insurance claim application. A traffic accident notice can be sent by facsimile with the simultaneous sending of its original by registered mail to the address of the insurer or the insurer's representative specified in the compulsory insurance policy.
(as amended by Resolutions of the Government of the Russian Federation of 28.08.2006 N 525)
The paragraph became invalid on October 1, 2006. - Resolution of the Government of the Russian Federation of August 28, 2006 N 525.
43. The victim, intending to exercise his right to the insurance payment, is obliged to notify the insurer as soon as possible about the occurrence of the insured event.
The victims, including passengers of vehicles, present the insurer with a claim for insurance payment within the time limits established by paragraph 42 of these Rules.
The victim sends an application for insurance payment to the insurer, or to the representative of the insurer at the place of residence (location) of the victim, or to the representative of the insurer in the constituent entity of the Russian Federation, on the territory of which the road traffic accident occurred.
44. At the time of filing an application for insurance payment, the victim shall attach to the application:
a) a certificate of a road traffic accident issued by a police body in charge of road safety, in the form approved by the Ministry of Internal Affairs of the Russian Federation in agreement with the Ministry of Finance of the Russian Federation, if the paperwork on the road traffic accident was carried out with the participation of authorized police officers ;
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
b) notification of a traffic accident.
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
Copies of the protocol on an administrative offense, a decision on a case on an administrative offense or a ruling on refusal to initiate an administrative offense case should be presented to the victim only in cases where the preparation of such documents is provided for by the legislation of the Russian Federation. The victim receives these documents from the police and presents them to the insurer.
In addition, the victim, depending on the type of damage caused, submits to the insurer the documents provided for in paragraphs 51, 53 - 56 and (or) 61 of these Rules.
(Clause 44 as amended by Resolutions of the Government of the Russian Federation of 28.08.2006 N 525)
45. In the event of damage to property, the victim intending to exercise his right to an insurance payment shall be obliged to present the damaged property or its remains for inspection and (or) organization of an independent examination (assessment) in order to clarify the circumstances of the damage and determine the amount of losses subject to compensation, and insurer - to inspect the damaged property and (or) organize an independent examination (assessment).
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
The insurer inspects the damaged property and (or) organizes an independent examination (assessment) by issuing a referral for examination (assessment) within a period of not more than 5 working days from the date of receipt from the victim of an application for insurance payment and documents provided for in paragraph 44 of these Rules, unless otherwise the term has not been agreed upon by the insurer with the victim.
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
The insurer is obliged to agree with the victim the time and place of the inspection and (or) organization of an independent examination of the damaged property, taking into account the work schedule of the insurer, the expert and the time period for inspecting the damaged property specified in this paragraph, and the victim is obliged to present the damaged property at the time agreed with the insurer.
If the nature of the damage or the characteristics of the damaged property preclude its presentation for inspection and (or) the organization of its independent examination (assessment) at the location of the insurer and (or) an expert (for example, damage to a vehicle that excludes its participation in road traffic), inspection and ( or) an independent examination (assessment) is carried out at the location of the damaged property within the time period specified in this paragraph.
If, based on the results of the inspection of the damaged property by the insurer, the insurer and the victim have reached an agreement on the amount of insurance payment and do not insist on organizing an independent examination (assessment) of the damaged property, such an examination (assessment) may not be carried out.
(the paragraph was introduced by the Decree of the Government of the Russian Federation of February 29, 2008 N 131)
If, after the inspection of the damaged property by the insurer, the insurer and the victim have not reached an agreement on the amount of the insurance payment, the insurer is obliged to organize an independent examination (assessment), and the victim - to provide the damaged property for an independent examination (assessment).
(the paragraph was introduced by the Decree of the Government of the Russian Federation of February 29, 2008 N 131)
46. If the insurer has not inspected the damaged property and (or) has not organized an independent examination (assessment) within the time period specified in clause 45 of these Rules, the victim has the right to independently request the organization of such an examination without presenting the damaged property to the insurer for inspection.
When deciding on an insurance payment, the insurer uses the results of this independent examination.
47. In order to find out, in case of damage to vehicles, the circumstances of the damage caused, to establish the nature of damage to the vehicle and their causes, technology, methods, cost of repairing it, as well as the actual cost of the vehicle as of the date of the road traffic accident, an independent technical examination of the vehicle is carried out in accordance with with the rules approved by the Government of the Russian Federation.
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
48. If the inspection and (or) independent examination (assessment) of the damaged property or its remains presented to the victim does not allow to reliably establish the existence of an insured event and the amount of losses to be compensated under the compulsory insurance contract, in order to clarify these circumstances, the insurer has the right to inspect the vehicle of the insured, when using which the victim was harmed, and (or) organize an independent examination of this vehicle, and the policyholder is obliged to present this vehicle at the request of the insurer for the organization of an independent examination.
In this case, the insurer is obliged to inspect the vehicle and (or) organize an independent examination (assessment) and pay the costs of its conduct in accordance with paragraph 45 of these Rules.
The results of the inspection and (or) independent examination (assessment) are drawn up in writing and signed by the insurer (his representative), an expert (when conducting an independent examination) and the owner of the vehicle.
(the paragraph was introduced by the Decree of the Government of the Russian Federation of February 29, 2008 N 131)
ConsultantPlus: note.
For direct compensation for damages, see Articles 14.1 and 26.1 of the Federal Law of 25.04.2002 N 40-FZ.
48.1. The victim has the right to file a claim for compensation for damage caused to his property directly to the insurer who has insured the victim's civil liability (direct compensation for losses), if the following circumstances exist simultaneously:
a) as a result of a road traffic accident, damage was caused only to property;
b) a road traffic accident occurred with the participation of 2 vehicles, the civil liability of the owners of which is insured in accordance with the Federal Law "On Compulsory Civil Liability Insurance of Vehicle Owners".
(Clause 48.1 was introduced by the Decree of the Government of the Russian Federation of February 29, 2008 N 131)
48.2. The insurer who has insured the civil liability of the victim makes an assessment of the circumstances of the road traffic accident set forth in the notification of the road traffic accident and, on the basis of the documents submitted, compensates the victim, at his request, for the damage caused to the property of the victim, in the amount of the insurance payment on behalf of the insurer, who insured the civil liability of the person who caused the harm (provides direct compensation for losses).
(Clause 48.2 was introduced by the Decree of the Government of the Russian Federation of February 29, 2008 N 131)
48.3. 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 harm, for compensation for harm that was caused to life or health, arose after the presentation of the claim for insurance payment and about which the victim did not know at the time of the presentation of the claim ...
(Clause 48.3 was introduced by the Decree of the Government of the Russian Federation of February 29, 2008 N 131)
VIII. Determination of the amount of insurance payment
when causing harm to the life and health of the victims
49. The amount of insurance payment due to the victim in order to compensate for harm caused to his health is calculated by the insurer in accordance with Chapter 59 of the Civil Code of the Russian Federation.
In the event of harm to the victim's health, compensation shall be reimbursed for the loss of earnings (income) by the victim, which he had or could definitely have on the day of harm to him, as well as additional costs incurred caused by damage to health, including the cost of treatment, additional food, purchase of medicines, prosthetics, outside care, spa treatment, purchase of special vehicles, training for another profession, if it is established that the victim needs these types of assistance and care and is not entitled to receive them free of charge.
The amount of insurance payment for causing harm to the life of the victim is:
135 thousand rubles - to persons who, in accordance with civil legislation, have the right to compensation for harm in the event of the death of the victim (breadwinner);
no more than 25 thousand rubles - to reimburse the costs of burial to persons who incurred these costs.
(Clause 49 as amended by the Resolution of the Government of the Russian Federation of 29.02.2008 N 131)
50. In order to receive insurance payments in connection with causing harm to the victim's health, in addition to the documents provided for in paragraph 44 of these Rules, documents provided for in paragraphs 51, 55 - 56 of these Rules are attached to the application for insurance payment, and in connection with causing harm to the life of the victim - documents provided for in clauses 53 and 54 of these Rules.
(Clause 50 as amended by the Resolution of the Government of the Russian Federation of 29.02.2008 N 131)
51. When a claim is presented to the victim for compensation for the lost earnings (income) in connection with an insured event that entailed the loss of professional ability to work, and in the absence of professional ability to work - entailing the loss of general ability to work, the following shall be submitted:
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
a) the conclusion of the relevant medical institution indicating the nature of the injuries and mutilations received by the victim, diagnosis, period of incapacity for work;
b) a medical examination report issued in accordance with the procedure established by the legislation of the Russian Federation on the degree of loss of professional ability to work, and in the absence of professional ability to work - on the degree of loss of general ability to work;
c) a certificate or other document on the average monthly earnings (income), scholarships, pensions, benefits that the victim had on the day of injury to his health;
(sub-item "c" as amended by the Resolution of the Government of the Russian Federation of 28.08.2006 N 525)
d) other documents confirming the victim's income, which are taken into account when determining the amount of lost earnings (income).
52. The amount of earnings (income) lost by the victim to be reimbursed is determined as a percentage of his average monthly earnings (income) before injury or other damage to health or until he loses his ability to work, corresponding to the degree of loss of the victim's professional working ability, and in the absence of professional working ability - the degree of total loss. work capacity.
(Clause 52 as amended by the Resolution of the Government of the Russian Federation of 29.02.2008 N 131)
53. Persons who, in accordance with civil law, have the right to compensation for harm in the event of the death of the victim (breadwinner), present to the insurer:
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
a) a statement containing information about the family members of the deceased victim, indicating the persons who were dependent on him and entitled to receive maintenance from him;
b) a copy of the death certificate;
(subparagraph "b" as amended by the Resolution of the Government of the Russian Federation of 28.08.2006 N 525)
c) has lost its force. - Decree of the Government of the Russian Federation of February 29, 2008 N 131;
d) birth certificate of the child (children), if at the time of the insured event the deceased were dependent on minor children;
e) a certificate confirming the establishment of disability, if on the date of the insured event the deceased were dependent on the disabled;
(subparagraph "d" as amended by the Resolution of the Government of the Russian Federation of 28.08.2006 N 525)
f) a certificate from an educational institution stating that a family member of the deceased who has the right to receive compensation for harm is studying at this educational institution, if at the time of the insured event, the deceased were dependent on the dependents of the deceased;
(as amended by Resolutions of the Government of the Russian Federation of 28.08.2006 N 525)
g) conclusion (certificate of a medical institution, social security body) on the need for outside care, if at the time of the insured event the deceased were dependent on persons who needed outside care;
h) a certificate from a social security body (medical institution, local self-government body, employment service) that one of the parents, spouse or other family member of the deceased does not work and is busy looking after his relatives, if at the time of the insured event the deceased were dependent on non-working family members who are involved in caring for his relatives.
(as amended by Resolutions of the Government of the Russian Federation of 28.08.2006 N 525)
The insurance payment to persons entitled, in accordance with civil law, to compensation for harm in the event of the death of the victim (breadwinner), is carried out in equal shares based on a total amount of 135 thousand rubles. The size of the shares is determined by the insurer as of the day the decision is made to make the insurance payment based on the number of claims for payment submitted by persons entitled to compensation for harm in the event of the death of the victim (breadwinner) before the expiration of the period provided for in paragraph 70 of these Rules.
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
If the insurer, within the time period established by these Rules, made an insurance payment to the person (persons) entitled to compensation for harm in the event of the death of the victim (breadwinner), other persons entitled to compensation for harm in the event of the death of the victim (breadwinner) and who did not declare their claims, before he makes a decision on insurance payment, have the right to apply with a claim for compensation for harm directly to the tortfeasor in the manner prescribed by civil law.
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
If during his lifetime the victim received an insurance payment for harm to health, it is withheld from the amount of the insurance payment for compensation for harm in connection with the death of the victim (breadwinner).
(the paragraph was introduced by the Decree of the Government of the Russian Federation of February 29, 2008 N 131)
54. Persons who have incurred the necessary expenses for the burial of the deceased, upon presentation of a claim for compensation for harm, represent:
a) a copy of the death certificate;
b) documents confirming the necessary expenses for the burial.
Burial expenses are reimbursed in the amount of not more than 25 thousand rubles.
(the paragraph was introduced by the Decree of the Government of the Russian Federation of February 29, 2008 N 131)
(Clause 54 as amended by Resolutions of the Government of the Russian Federation of 28.08.2006 N 525)
55. The victim, upon presentation of a claim for reimbursement of additional costs incurred by him caused by damage to health as a result of an insured event, as well as costs of treatment and the purchase of drugs, to which the victim is not entitled to receive free of charge (including in excess of the basic compulsory health insurance program) , presents:
(as amended by Resolutions of the Government of the Russian Federation of 28.08.2006 N 525)
a) an extract from the medical history issued by a medical institution;
b) documents confirming payment for the services of a medical institution;
c) documents confirming payment for the purchased medicines.
56. The victim, upon presentation of a claim for reimbursement of additional costs incurred by him caused by damage to health as a result of an insured event (except for the costs of treatment and the purchase of drugs), shall submit a medical report issued in accordance with the procedure established by the legislation of the Russian Federation, a medical-social or forensic medical report. expertise on the need for additional nutrition, prosthetics, outside care, spa treatment, special vehicles, as well as:
(as amended by Resolutions of the Government of the Russian Federation of 28.08.2006 N 525)
a) upon presentation of a claim for reimbursement of expenses for additional meals:
a certificate from local government bodies or other authorized bodies on the prices prevailing in this region for products included in the daily food set of additional food;
a certificate from a medical institution on the composition of the additional food required for the victim for a daily food set;
documents confirming payment for the purchased products from the food set of additional food.
Expenses for additional meals are included in the insurance payment in the amount of not more than 3 percent of the insured amount;
b) upon presentation of a claim for reimbursement of expenses for prosthetics - documents confirming payment for prosthetics services;
c) upon presentation of a claim for reimbursement of outside care costs - documents confirming payment for outside care services.
Expenses for outside care are included in the amount of the insurance payment in the amount of not more than 10 percent of the insured amount;
d) upon presentation of a claim for reimbursement of expenses for spa treatment:
an extract from the medical history issued by the institution in which the spa treatment was carried out;
a copy of a spa voucher or other document confirming the receipt of spa treatment, certified in accordance with the established procedure;
(as amended by Resolutions of the Government of the Russian Federation of 28.08.2006 N 525)
documents confirming payment for a voucher for sanatorium-resort treatment;
e) upon presentation of a claim for reimbursement of expenses for the purchase of special vehicles:
a copy of the vehicle's passport or certificate of its registration;
documents confirming payment for the purchased special vehicle;
the contract under which the special vehicle was purchased;
f) upon presentation by the victim of a claim for reimbursement of expenses related to training for another profession:
(as amended by Resolutions of the Government of the Russian Federation of 28.08.2006 N 525)
invoice for payment of vocational training (retraining);
a copy of the contract with the organization providing vocational training (retraining);
a document confirming payment for vocational training (retraining).
57. The insurance benefit for each insured event cannot exceed the established amount of the insured amount.
The insurer, in agreement with the victim, has the right to make a partial insurance payment on the basis of documents on the provision of services, the need for the provision of which was caused by the insured event, and on their payment, or pay for these services directly to the medical institution that provided them.
(Clause 57 as amended by the Resolution of the Government of the Russian Federation of 29.02.2008 N 131)
58. Payment of the sum insured for harm caused to the life or health of the victim is made regardless of the amounts due to him for social security and compulsory and voluntary personal insurance contracts.
59. The bodies of state social insurance and social security, as well as medical insurance organizations are not entitled to present recourse claims against the insurer that carries out compulsory insurance.
IX. Determination of the amount of losses subject to compensation
when causing damage to the property of the victim
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
60. In the event of damage to the property of the victim in accordance with these Rules, the following shall be reimbursed within the sum insured:
a) in case of complete loss of the victim's property - the actual value of the property on the day of the insured event, in case of property damage - the costs necessary to bring the property to the state in which it was before the insured event;
(subparagraph "a" as amended by the Resolution of the Government of the Russian Federation of February 29, 2008 N 131)
b) other expenses incurred by the victim in connection with the harm caused (evacuation of a vehicle from the scene of a road traffic accident, storage of a damaged vehicle, delivery of victims to a medical institution, etc.).
61. When causing damage to the property of the victim (vehicles, buildings, structures, structures, other property of individuals, legal entities), in addition to the documents provided for in paragraph 44 of these Rules, the victim shall submit:
a) documents confirming the victim's ownership of the damaged property or the right to insurance payment in case of damage to property owned by another person;
b) an opinion of an independent examination on the amount of damage caused, if an independent examination was carried out, or an opinion of an independent technical examination on the circumstances and amount of damage caused to a vehicle, if such an examination was organized by the victim independently (if the examination was organized by the insurer, the expert opinions are with him);
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
c) documents confirming payment for the services of an independent expert, if the examination was carried out and payment was made to the victim;
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
d) documents confirming the provision and payment of services for the evacuation of damaged property, if the victim requires reimbursement of the corresponding costs. The costs of evacuating the vehicle from the place of the road traffic accident to the place of its repair or storage are subject to reimbursement;
e) documents confirming the provision and payment of services for the storage of damaged property, if the victim requires reimbursement of the corresponding costs.
The expenses for storage are reimbursed from the day of the road traffic accident until the day of the inspection or independent examination by the insurer;
f) other documents that the victim has the right to submit in support of his claim for compensation for harm caused to him, including estimates and invoices confirming the cost of repairing damaged property.
62. The victim submits to the insurer the originals of the documents provided for in paragraph 61 of these Rules, or their copies certified by a notary, or by the person (body) who issued the documents, or by the insurer.
To confirm payment for the purchased goods, work performed and (or) services rendered, the insurer is presented with original documents.
63. The amount of insurance payment in the event of damage to the property of the victim is determined:
a) in the event of complete loss of the victim's property - in the amount of the actual value of the property on the day of the insured event. Total loss is understood as cases when the repair of the damaged property is impossible or the cost of repairing the damaged property is equal to its value or exceeds its value as of the date of the insured event;
(subparagraph "a" as amended by the Resolution of the Government of the Russian Federation of February 29, 2008 N 131)
The first paragraph of sub-clause "b" of clause 63 by the decision of the Supreme Court of the Russian Federation of July 24, 2007 N GKPI07-658 was declared invalid in the part that excludes the amount of loss of commodity value from the insurance payment in case of damage to the victim's property.
By the ruling of the Supreme Court of the Russian Federation of November 6, 2007 N KAS07-566, this decision was left unchanged.
b) in the event of damage to the victim's property - in the amount of expenses necessary to bring the property to the state in which it was before the occurrence of the insured event (restoration costs).
Reconstruction costs are paid based on the average prevailing prices in the respective region.
When determining the size of restoration costs, the wear of parts, assemblies, assemblies and parts used in restoration work is taken into account.
64. The costs of restoring damaged property include:
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
expenses for materials and spare parts required for repair (restoration);
repair costs;
if the damaged property is not a vehicle - expenses for the delivery of materials and spare parts to the place of repair, expenses for the delivery of property to the place of repair and back, expenses for the delivery of repair teams to the place of repair and back.
Refurbishment costs do not include additional costs resulting from improvements and upgrades to the property, and costs caused by temporary or ancillary repairs or refurbishment.
65. By agreement with the victim, the insurer has the right to organize and pay for the repair of damaged property on account of the insurance payment.
The person who carried out the repair is responsible for the quality of the repair to the victim.
If the insurance claim is paid to several victims and the amount of their claims presented to the insurer on the day of the first insurance payment for compensation for damage caused to property in this insured event exceeds the insured amount established by paragraph 10 of these Rules, insurance payments are made in proportion to the ratio of this insured amount to the amount of the specified claims of the victims (taking into account the limitation of the amount of insurance payment in terms of compensation for damage caused to the property of one victim). The insurance payment for each insured event cannot exceed the value of the established insurance amount.
(Clause 65 as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
X. Making insurance payments
66. If a criminal case has been initiated on the fact of a road traffic accident, the victim submits to the insurer documents from investigative and (or) judicial authorities on the initiation, suspension or refusal to initiate a criminal case or a court decision that has entered into legal force.
67. The insurer has the right to independently request the competent authorities and organizations to provide the documents provided for in paragraphs 51, 53 - 56, 61 and 66. The insurer has the right to request the provision of only documents necessary to resolve the issue of insurance payment, taking into account the nature of the damage caused to a particular victim. The insurer has the right to make a decision on insurance indemnity in case of failure to submit any of the documents specified in these Rules, if their absence does not significantly affect the determination of the amount of insurance indemnity.
Documents and conclusions required to resolve the issue of payment of insurance amounts under a compulsory insurance contract are provided at the request of the insurer free of charge, except for cases provided for by the legislation of the Russian Federation.
68. Abolished. - Resolution of the Government of the Russian Federation of February 29, 2008 N 131.
69. The policyholder takes reasonable and available measures in the current circumstances in order to reduce losses. Expenses incurred in order to reduce losses (provision of a vehicle for the delivery of the victim in a road accident to a medical institution, participation in the elimination of the consequences of a road accident, etc.) are reimbursed by the insurer, even if the corresponding measures were unsuccessful. The degree of participation of the insured in reducing the damage caused by the vehicle and the amount of reimbursement of costs are determined by an agreement with the insurer, and in the absence of consent of the parties - by the court.
70. The insurer shall consider the application of the victim for insurance payment and the documents provided for in clauses 44, 51, 53 - 56 and 61 of these Rules within 30 days from the date of their receipt.
Within the specified period, the insurer is obliged to draw up an act on the insured event, on the basis of it, make a decision on the insurance payment to the victim, make an insurance payment or send a written notice of the full or partial refusal of the insurance payment, indicating the reasons for the refusal. An integral part of the act on the insured event is the conclusion of an independent examination (assessment), if it was carried out, and (or) the act of inspection of the damaged property.
If this obligation is not fulfilled, the insurer for each day of delay pays to the victim a forfeit (penalty) in the amount of one seventy-fifth of the refinancing rate of the Central Bank of the Russian Federation, in effect on the day when the insurer had to fulfill this obligation, from the established insurance amount by type of compensation for damage to each victim.
The amount of the forfeit (penalty) payable to the victim may not exceed the amount insured by the type of compensation for harm to each victim.
(Clause 70 as amended by the Decree of the Government of the Russian Federation of 29.02.2008 N 131)
71. In the act on the insured event, on the basis of the available documents, the insurance payment is calculated and its size is indicated. A copy of the act on the insured event is transferred by the insurer to the victim at his written request no later than 3 days from the date of receipt of such a demand by the insurer (upon receipt of the claim after drawing up the act on the insured event) or no later than 3 days from the date of drawing up the act on the insured event (upon receipt of the claim before drawing up an act on the insured event).
(as amended by Resolutions of the Government of the Russian Federation of August 28, 2006 N 525, of February 29, 2008 N 131)
72. The victim has the right to demand from the insurer to make a part of the insurance payment corresponding to the actually certain part of the specified harm, until the amount of the harm to be compensated is fully determined.
73. In the event of a disagreement between the insurer and the victim regarding the amount of damage to be reimbursed under the compulsory insurance contract, the insurer in any case shall be obliged to make an insurance payment in the uncontested part.
74. If insurance payment, refusal of insurance payment or change in its size depend on the results of proceedings in a criminal or civil case or a case of an administrative offense, the period of insurance payment may be extended until the end of the said proceedings and the entry into force of the court decision.
75. Insurance payment is made by cash or non-cash payment.
(as amended by Resolutions of the Government of the Russian Federation of 18.12.2006 N 775)
XI. The right to present recourse
insurer claims
76. The insurer has the right to present recourse claims against the person who caused the harm in the amount of the insurance payment made by the insurer, as well as the costs incurred when considering the insured event, if:
(as amended by Resolutions of the Government of the Russian Federation of 29.02.2008 N 131)
a) harm to the life or health of the victim was caused as a result of the intent of the said person;
(as amended by Resolutions of the Government of the Russian Federation of 28.08.2006 N 525)
b) the harm was caused by the specified person while driving in a state of intoxication (alcoholic, narcotic or otherwise);
c) the specified person did not have the right to drive the vehicle, during the use of which he was injured;
d) the specified person fled from the scene of the road traffic accident;
e) the specified person is not included in the number of drivers allowed to drive this vehicle, if the compulsory insurance contract provides for the use of the vehicle only by the drivers specified in the compulsory insurance policy;
f) the insured event occurred when the specified person used a vehicle during a period not provided for by the compulsory insurance contract, if the compulsory insurance contract provides for the use of the vehicle for a certain period.
XII. Settlement of disputes
77. Disputes arising from the compulsory insurance contract are resolved in accordance with the legislation of the Russian Federation.
ConsultantPlus: note.
Order of the Ministry of Finance of the Russian Federation dated 01.07.2009 N 67n approved the application form for concluding a compulsory civil liability insurance contract for vehicle owners.
Appendix N 1
to the Rules of mandatory
insurance of civil
owner liability
Vehicle
STATEMENT
on the conclusion of a compulsory insurance contract
owner's civil liability
vehicle
Abolished. - Decree of the Government of the Russian Federation of 08.08.2009 N 653.
ConsultantPlus: note.
Order of the Ministry of Finance of the Russian Federation dated 01.07.2009 N 67n approved the form of an insurance policy for compulsory civil liability insurance of vehicle owners.
Appendix N 2
to the Rules of mandatory
insurance of civil
owner liability
Vehicle
INSURANCE POLICY
compulsory civil liability insurance
vehicle owner
Abolished. - Decree of the Government of the Russian Federation of 08.08.2009 N 653.
Appendix N 3
to the Rules of mandatory
insurance of civil
owner liability
Vehicle
FORMS OF THE SPECIAL SIGN OF THE STATE MODEL
ConsultantPlus: note.
Order of the Ministry of Finance of the Russian Federation dated 01.07.2009 N 67n approved the form of a document containing information on civil liability insurance of vehicle owners under a compulsory insurance contract.
Appendix N 4
to the Rules of mandatory
insurance of civil
owner liability
Vehicle
INTELLIGENCE
on compulsory insurance
civil liability of vehicle owners
Good afternoon, dear reader.
On April 28, 2017, the updated version of the Federal Law "On Compulsory Civil Liability Insurance of Vehicle Owners" came into effect. This document has been discussed in the previous articles "" and "".
On May 21, 2017, amendments were made to another document related to OSAGO. This is about . Changes to this document will be reviewed today.
You will learn:
Issuance of an application for the purchase of OSAGO
Updated paragraph 1.4 of the CTP rules:
An insurance policy of compulsory insurance is issued by the insurer to the policyholder who has applied for the conclusion of a compulsory insurance contract and, if provided for by the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" or these Rules, who submitted other documents, as well as fulfilled the obligation to pay the insurance premium, immediately after the implementation of these actions. When concluding a compulsory insurance contract with an insured who is a legal entity, a compulsory insurance policy may be issued in a different manner determined by an agreement between such insured and the insurer.
Compulsory insurance policy and a copy of the application signed by the policyholder and the insurer (representative of the insurer) for the conclusion of a compulsory insurance contract issued by the insurer to the policyholder who applied for the conclusion of a compulsory insurance contract and, if provided by the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" or these Rules, who submitted other documents, as well as fulfilled the obligation to pay the insurance premium, immediately after the implementation of the specified action. When concluding a compulsory insurance contract with an insured who is a legal entity, a compulsory insurance policy may be issued in a different manner determined by an agreement between such insured and the insurer.
Starting from May 21, 2017, when buying a MTPL, the driver, in addition to the MTPL policy itself, must also be issued a copy of the application for concluding a contract.
Let me remind you that when concluding an OSAGO contract, the car owner must choose a service station at which his vehicle will be repaired in the event of an accident. Information about the selected organization is entered into the application, and a copy of such a contract is issued to the driver.
Replacement of a car service in the event of an accident
The new clause 4.17.2 regulates the actions of the car owner who wants to repair the car in a car service that is not specified in the application when purchasing the MTPL policy:
4.17.2. The victim intending to receive insurance compensation for the harm caused in the manner prescribed by paragraph 15 3 of Article 12 of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" indicates in the application for insurance compensation or direct compensation for losses the full name, address (location) and payment details of the service station at which he intends to organize the repair of the damaged vehicle. The insurer within 15 calendar days, with the exception of non-working holidays, after receiving such an application and the documents attached to it, provided for by these Rules, shall notify the victim in writing about the approval of the repair at the specified service station or about the refusal of such approval.
In the absence of a written consent of the insurer to pay for the cost of refurbishment of a maintenance station, provided for in clause 15 3 of article 12 of the Federal Law "On compulsory insurance of civil liability of vehicle owners", insurance compensation for damage is carried out in accordance with clause 15 2 of article 12 of the Federal law "On compulsory liability insurance of vehicle owners ".
If you want to use the services of another workshop, then you need:
1. Before contacting the insurance company, find out the details of the specified workshop (name, address and payment details). Without this information, it will not be possible to fill out the documents correctly.
2. In the application for insurance compensation, which is submitted after an accident, it is necessary to indicate the details of the workshop from paragraph 1.
3. Within 15 days, the insurance company will either agree to pay for repairs at the specified station, or refuse to do so. In case of refusal, the car can be repaired at the service selected by the insurance company.
Penalties for the insurance company in case of failure to comply with the terms of repair
Clause 4.22 of the insurance rules:
When reimbursing in accordance with clauses 4.17.1 and 4.17.2 of these Rules for the damage caused to the victim in kind in case of violation of the period for the restoration of the damaged vehicle, the insurer for each day of delay pays to the victim a penalty (penalty) in the amount of 0.5 percent from the amount of insurance compensation determined in accordance with the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners", but not more than the amount of such compensation.
Let me remind you that the period for repairing a damaged vehicle under OSAGO cannot exceed 30 days. In addition, a repair referral is issued within 20 days (in some cases 30 days).
If the specified deadlines are not met, the insurance company pays the victim 0.5 percent of the cost of the repair for each day of delay. The maximum amount of the penalty is equal to the amount of the insurance indemnity.
What to do if the driver is dissatisfied with the quality of the car repair?
New paragraph 5.3 of the CTP rules:
5.3. If, when transferring the repaired vehicle to the victim, the victim has claims regarding the results of the restoration repair, the victim indicates this in the acceptance certificate of the repaired vehicle.
In the case provided for in the first paragraph of this clause, as well as in the event that the victim reveals the shortcomings of the restoration of the vehicle during the warranty period specified in the vehicle acceptance certificate, the victim sends a claim to the insurer in accordance with clause 5.1 of these Rules.
The insurer within 5 calendar days, with the exception of non-working holidays, from the date of receipt of the said claim is obliged to organize an inspection of the victim's vehicle, and the victim must submit the vehicle for inspection at the time and place of inspection agreed with the insurer. The insurer has the right to involve in the inspection of the vehicle the injured representative of the service station that carried out the restoration repair of the vehicle.
During the inspection, a conclusion is made about the presence or absence of deficiencies in the restoration repair, the completeness of the work performed, the presence or absence of connection of the identified deficiencies with the consequences of the insured event and (or) the restoration repair of the vehicle carried out by the maintenance station, the technical possibility of eliminating the identified deficiencies of the restoration repair. The results of the inspection are reflected in the inspection report, in which it is concluded that it is possible or impossible to eliminate the deficiencies in the restoration of the vehicle by means of repeated repairs, or that there are no deficiencies.
The inspection report is drawn up on the day of its conduct in triplicate and handed over to the signature of the representative of the service station, the representative of the insurer and the victim. If the inspection report contains a conclusion about the possibility of eliminating the shortcomings of the restoration repair by conducting repeated repairs, together with such an act, the victim is given a referral for repairs to eliminate the shortcomings of the restoration of the vehicle, unless another method of elimination has been chosen by an agreement concluded in writing between the insurer and the victim the indicated disadvantages. If the inspection report contains a conclusion about the impossibility of eliminating the defects of the restoration repair by re-repairing, the elimination of the defects of the restoration is carried out in accordance with the third paragraph of clause 15 of Article 12 of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners".
If you are dissatisfied with the quality of the repair carried out under OSAGO, then you should do the following:
1. Indicate any claims in the acceptance certificate. In no case do not sign the act until you are sure that the car has been repaired with high quality.
2. File a claim with the insurance company. Please note that you pick up the car at the workshop, and the claim must be taken to the insurer.
3. The insurer must inspect the repaired car within 5 days and confirm or deny the driver's claims. All results are recorded in a special inspection report.
4. A copy of the act is handed over to the driver. If the deficiencies were confirmed during the inspection, then the driver is also given a new direction for repairs, during which the deficiencies must be eliminated.
According to clause 3.10 of the Regulation of the Bank of Russia dated September 19, 2014 N 431-P "On the rules of compulsory civil liability insurance of vehicle owners":
At the time of filing an application for insurance payment, the victim shall attach to the application:
a duly certified copy of the identity document of the victim (beneficiary);
documents confirming the powers of the person who is the representative of the beneficiary;
documents containing bank details for receiving insurance compensation, if the payment of insurance compensation will be made by bank transfer;
the consent of the guardianship and trusteeship authorities, in the event that the payment of insurance compensation will be made to a representative of a person (victim (beneficiary) under 18 years of age);
a certificate of a road traffic accident issued by the police department responsible for road safety, in the form approved by order of the Ministry of Internal Affairs of the Russian Federation of April 1, 2011 N 154 (registered by the Ministry of Justice of Russia on May 5, 2011, registration N 20671), if registration road traffic accident documents were carried out with the participation of authorized police officers;
traffic accident notification;
copies of a protocol on an administrative offense, a decision on a case on an administrative offense or a ruling on refusal to initiate a case on an administrative offense, if the preparation of documents on a road traffic accident was carried out with the participation of authorized police officers, and the preparation of such documents is provided for by the legislation of the Russian Federation.
In addition, the victim, depending on the type of damage caused, submits to the insurer the documents provided for in clauses 4.1, 4.2, 4.4 - 4.7 and (or) 4.13 of these Rules.
The insurer does not have the right to demand from the victim documents that are not provided for by these Rules.
Section 4.13. When causing damage to the property of the victim (vehicles, buildings, structures, structures, other property of individuals, legal entities), in addition to the documents provided for in paragraph 3.10 of these Rules, the victim shall submit:
documents confirming the victim's ownership of the damaged property or the right to insurance payment in case of damage to property owned by another person;
an opinion of an independent examination (assessment) on the amount of damage caused, if an independent examination (assessment) was carried out, or an opinion of an independent technical examination on the circumstances and amount of damage caused to the vehicle, if such an examination was organized by the victim himself;
documents confirming payment for the services of an independent expert, if the examination was carried out and payment was made to the victim;
documents confirming the provision and payment of services for the evacuation of damaged property, if the victim requires reimbursement of the corresponding costs. The costs of evacuating the vehicle from the place of the road traffic accident to the place of its repair or storage are subject to reimbursement;
documents confirming the provision and payment of services for the storage of damaged property, if the victim requires reimbursement of the corresponding costs. The costs of storage are reimbursed from the day of the road traffic accident until the day of the inspection or independent examination (assessment) by the insurer, based on the period specified by the insurer in the direction of an independent technical examination, independent examination (assessment), during which the relevant examination must be carried out ;
other documents that the victim has the right to submit in support of his claim for compensation for harm caused to him, including estimates and invoices confirming the cost of repairing damaged property.
Documents when applying for CASCO:
1. A copy of the owner's passport (first page and registration).
2. PTS (vehicle passport).
3. Certificate of registration of the vehicle.
4. Certificate of accident.
5. Resolution.
6. Details for the transfer of insurance payments.
7. A copy of the CASCO policy with receipts for payment.
8. Warranty book - for vehicles under warranty.
9. Receipt confirming the costs of a tow truck, parking, documents for damaged cargo, other costs.
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