MTPL insurance changes. Motor vehicle insurance compulsory insurance

Since joining amendments to the law approving the rules of compulsory civil liability insurance for car owners came into force. As a result of the adoption of new rules, priority was given to compensation in kind, that is, restorative repairs. It can be noted that the new rules for payments under compulsory motor liability insurance in 2019 affected not only insurance organizations, but also all car owners.

It is worth immediately emphasizing here that the new MTPL rules apply to passenger cars owned by individuals who are citizens of the Russian Federation.
Therefore, let us consider in detail the approved 12 amendments:

Cash compensation as an alternative to repairs

If the car is damaged, the insurance company repairs the car at a repair station without offering money in return. Before the introduction of new rules for payments under compulsory motor liability insurance, the driver could choose one of two options: either repairs or receiving money.

In 2019, under compulsory motor liability insurance, they can pay monetary compensation instead of repairs if:

• the car cannot be restored;
• restoring the car will require more than 400 thousand rubles;
• damage was caused to an object unrelated to the car;
• insurance is concluded internationally;
• the insurance company is unable to repair the car;
• registration of the accident took place without the participation of police representatives (allowed in situations with damage in an amount not exceeding 100 thousand rubles) and if it later turned out that restoration would cost a large amount, but the culprit of the accident refused to pay the difference.

How have the conditions for driving without a policy changed?

According to the amendments, now all car owners whose vehicles cannot reach speeds above 50 km/h are not required to obtain an MTPL policy. Previously, only those vehicle owners whose vehicle could not reach speeds above 20 km/h were allowed to drive without a policy.

If a driver recognized as a victim agrees to undergo restorative repairs under the MTPL agreement, then the insurer is obliged to give its client a referral to a service station 20 days in advance (weekends and holidays are not counted). If the car owner intends to repair the car at a third-party station, then the period for issuing a referral increases to 30 days.

Important! In 2019, each day that restoration work is delayed beyond the permissible period is subject to a penalty equal to 0.5% of the cost of the damage.

Evacuation of a vehicle to a place of storage (repair): changes in the procedure for compensation

Previously, compensation payment for moving a damaged car to its destination was made in full on the basis of a receipt for payment for this service. In 2019, restrictions on transportation distance apply. The maximum delivery route is set at 50 km. If the distance is exceeded, the insurer has the right to challenge the amount of insurance compensation.

In cases where the client requires the car to be transported at his own discretion, the payment for this service falls on his shoulders.

Changes regarding recourse action

A claim made by an insurance organization against the person at fault for the purpose of deducting from him the funds it previously spent on repairing a damaged car is called a regressive claim.
According to the new changes, the following circumstances may become the reason for filing a regressive claim:

• if the culprit of the accident deliberately provoked it;
• if the culprit of the accident was under the influence of drugs (alcohol) and this fact is documented;
• if the person responsible for the accident did not have a driver’s license;
• if the culprit of the accident is not noted in the car owner’s insurance policy;
• the person who caused the accident, in order not to be held responsible for the violation committed, ran away from the scene of the accident;
• if the incident occurred during a period when the insurance policy is not valid;
• if within 5 days provided for by law, documentation about the fact of the accident was not presented to the insurance company;
• cases where the party that caused the accident has already undertaken restoration work;
• if the maintenance ticket (diagnostic card) became invalid at the time of the accident;
• cases where an insurance contract concluded electronically was drawn up by the policyholder with false information, which became the reason for underestimating the amount of insurance payment.

Changes to the limits introduced into the Europrotocol

New amendments in 2019 changed the maximum amount of insurance compensation, which is considered based on the fact of damage caused without the participation of police representatives. Now the maximum amount of insurance payment has increased to 100 thousand rubles. Previously, this amount was 50 thousand rubles.
In addition, the Bank of Russia now has the right to independently choose the form of notification about a car accident (according to the European Protocol).

How has the amount of maximum compensation for damages from the person who caused the accident changed?

Today, the maximum amounts for MTPL insurance payments are as follows:

• for cars and other property – 400 thousand rubles;
• for life and health insurance – 500 thousand rubles.

The calculation of the compensatory payment is carried out as before according to the general methodology of the Central Bank of the Russian Federation. In addition, the cost of replacing spare parts is set taking into account their wear and tear. As a result, the insurance company may pay, for example, 40%. Previously, the remaining amount fell on the owner of the car.
Now the new procedure obliges the person responsible for the accident to pay the missing amount.

For example: the restoration repair of a vehicle amounted to 60 thousand rubles, and the insurance company paid 45 thousand rubles. The remaining 15 thousand rubles should be confiscated from the culprit of the incident.

However, in order to demand payment of the missing amount from the culprit of the accident, the injured party will have to collect evidence that in fact the car repairs turned out to be higher than the insurance compensation. For its part, the culprit of the road accident may request a new examination, which will help reduce payments to the victim.

How has the operating methodology of electronic policies changed?

Since 2018, innovations under compulsory motor liability insurance have been aimed at combating fraudulent schemes. From now on, the car owner must personally enter into an agreement on the insurer’s Internet resource and personally make the payment for the MTPL policy.

Changes regarding the new rule for choosing a service station

Previously, insurance organizations provided their clients with a service station for car repair in the event of an accident without the right to choose. In 2019, on the official website of the insurer, the injured car owner is given a choice of different repair stations and is offered information about them such as:

• name of the service station and its location;
• car brands repaired at this station;
• estimated time to complete repairs for a specific type of work.

It was already mentioned above that the car owner can find out about car service centers from their MTPL policies. According to the new rules, car services are subject to the following requirements:

• repairs must be completed in no more than 30 days;
• the distance of the station from the accident should not exceed 50 km (if there is a greater distance, the participant in the accident pays for the delivery of their transport);
• Cars with a guarantee are repaired at official dealers.

If it is impossible for the service station to comply with the requirements, the insurer may offer monetary compensation. In this case, its size will be less than the required amount, since the wear of parts will be taken into account in the calculation.

The KBM coefficient is used by the insurance company to calculate the insurance premium under the contract and directly depends on participation in an accident, therefore it can be considered as an increasing or decreasing factor in the driver’s track record. Previously, this coefficient was calculated only by the insurance organization; in 2019, this opportunity is provided to all drivers on the RSA website.

Multi-vehicle accidents: changes to direct settlement rules

The situation when the party injured in an accident turns only to its insurance agent is called direct settlement of losses. Previously, direct settlement of losses could be discussed if 2 cars were involved in the accident. In 2019, the participation of 3 or more cars in an accident is considered.

Amendments that corrected the list of persons who are not entitled to compensation for an accident

According to the innovations, from now on legal representatives of injured car owners filing claims against insurance organizations for damages will not receive compensation payments. The following are entitled to such payment:

• insurer;
• heir of the insurer (but notarized confirmation of inheritance will be required).

Hello! My name is Irina Alekseeva. I have been working in the field of jurisprudence since 2013. I specialize mainly in civil law. Studied at the Moscow Institute of Humanities and Economics (SZF) Jurisprudence (Civil Specialization).

The Law “On Compulsory Civil Liability Insurance of Vehicle Owners” regularly undergoes changes aimed at improving the situation of car owners, reducing insurance company costs and streamlining the market structure. Over the past 2016, the total number of changes has exceeded one hundred. In this article we will analyze the main changes that occurred in this year, as well as the innovations that came into force in 2017.

What changes did not occur on January 1, 2017?

As mentioned above, of all the initiatives proposed by the RSA, the Central Bank, the Government and State Duma of the Russian Federation and initiative groups, the current version of the Federal Law includes only the issuance of electronic policies and the introduction of a unified information base of the RSA. It allows the insurance company to exchange information about former and current clients. The following changes are not reflected in the current edition:

• ban on attracting independent experts;
• replacing compensation payments with an in-kind scheme;
• increase in damage under the Europrotocol to 100 thousand rubles;
• abolition of vehicle power factors;
• refusal to depreciate spare parts and replacement parts;
• an increase in the number of vehicle categories where insurance is not needed;
• “linking” the cost of the policy to the number of traffic violations committed.

Europrotocol

The main innovation in 2016 was the expansion of the requirements for registration of road accidents without the involvement of authorized police officers - according to the so-called Europrotocol. If a number of requirements are met, some accidents may not be registered with the traffic police and, after drawing up a diagram, you can immediately go to your company. Parties to an accident can still file an accident in accordance with the Euro Protocol if:

• the obvious cost of damage does not exceed 50 thousand rubles;
• Only vehicles (no more than two) were injured in the accident;
• No citizens - drivers, passengers, pedestrians - were injured in the accident;
• the liability of both participants in the accident is protected by the motor vehicle insurance;
• the participants in the incident have no disagreement about the role and guilt of each;
• based on the fact of the accident, a diagram has been drawn up indicating the surrounding infrastructure;
• the accident site was photographed and video recorded with coordinates indicated via GloNASS or another satellite positioning system.

The package of documents drawn up by participants at the scene of an accident under the European Protocol cannot be changed or increased upon request. Meanwhile, unscrupulous managers sometimes demand from citizens a certificate of an accident or a form of calculation of damaged parts in order, without receiving them, to refuse compensation under compulsory motor liability insurance. It is illegal!

Electronic MTPL policies

In 2016, electronic OSAGO policies were introduced in Russia, immediately called e-OSAGO. From July 1, 2016, citizens who had paper policies in their hands received the right to renew their vehicle license electronically, and full sales started on October 1. Information was not always transmitted to the traffic police, so car owners were advised to print out an electronic receipt and take it with them.

The changed rules of compulsory civil liability insurance coincided with two landmark decisions, also reflected in the Law “On Compulsory Motor Liability Insurance”. Firstly, for refusal to sell a paper policy, a fine of 50 thousand rubles is imposed. This was a response to the refusal to sell auto citizenship in unprofitable regions and the imposition of additional services.

Secondly, in the field of auto insurance, pre-trial dispute resolution has begun to be used: if the applicant submits an application for compensation twice, after the second time the insurance company is obliged to pay the declared amount or give a reasoned response. Next is the trial.

Innovations 2017

The only fundamental change in 2017 that affected the rules of compulsory motor liability insurance was the obligation (and not the right) of insurance companies to sell electronic policies. However, the preparation that took place throughout 2016 hit them hard: companies often refused to sell policies to new clients, lost the bonus-malus ratio, and imposed additional conditions.

In December 2016, while the Central Bank of Russia and the RSA were holding consultations on the widespread implementation of “electronic MTPL”, insurance companies did not enter into agreements (even within the framework of extension) with clients from other constituent entities of the Russian Federation. When asked what to do if the vehicle belongs to close relatives, insurance company managers answered: re-register the vehicle in your name!

In 2017, all insurance companies are required to:

• sell E-OSAGO to any person who applies;
• ensure uninterrupted operation of the official website;
• inform about work carried out on the site at least 24 hours in advance;
• allow the site to be down for no more than four hours per month;
• withstand a load of 10,000 visitors simultaneously (for new sites);
• accept applications for the sale of MTPL by any electronic means (including E-mail);
• use official data from the RSA database.

The last point is the most controversial. Unscrupulous players often “forgot” to transfer the bonus coefficient to RSA, which is why an experienced driver who does not allow accidents drove with the same discount from year to year. When registering e-OSAGO, the insurance company specialist will again contact the Union’s information base and count the discounts available there.

Clause “K” of Article 14 of the Federal Law “On Compulsory Motor Liability Insurance” provides for the possibility of refusal to pay if the client, when concluding an agreement in the form of an electronic document, provided false information, which led to an unreasonable reduction in the amount of the premium. Simply put: I filled out the form on the website incorrectly - I saved a thousand rubles - I was left without compensation!

Lawyers and representatives of the Russian Union of Auto Insurers emphasize: before paying for a motor vehicle insurance, it is necessary to clarify the general discount. If payment has already been made, you need to go to the insurance company office and write an application for a refund of the overpaid money, after which changes will be made to the e-OSAGO form and the printed receipt from the website.

If a citizen, having issued an e-MTPL, still wants to receive a paper policy, the document will be issued to him or sent by mail free of charge - the MTPL rules provide for this option. The customer, in addition to the cost of the electronic form, only pays for shipping.

Independent examination in 2016

During the discussion of the latest amendments to the Law “On Compulsory Motor Liability Insurance”, the RSA’s plans to ban the involvement of independent automotive experts caused a stir. According to representatives of the head of the Union, human rights activists sued up to 10 billion rubles. annually, indicating in claims amounts that are inflated several times compared to independent experts - often affiliated.

Independent human rights activists visited those involved in road accidents. The parties entered into an agreement under which the victim received a certain amount “here and immediately”, and in return issued a power of attorney for the right to represent his interests in the Investigative Committee and the court. Next, talented lawyers drafted thousands of competent claims and won!

If we take into account that the courts sided with these same human rights defenders (that is, they recognized the legal right of claim and the amount of the claim), they were within the legal framework. Consequently, statements by RSA functionaries about the “almost theft” of 10 billion rubles. have no relation to reality, and the money lost should have remained operating profit?

Innovations 2017

To counteract outside lawyers, paragraph 11 of Art. 12 of the Law “On Compulsory Motor Liability Insurance”. When a case occurs, the citizen is obliged to prepare an application for payment within the period established by law - previously it was required to provide the vehicle or its remains for inspection. If this was not received, the citizen had no right to payment. Besides:

• the victim does not have the right to independently organize an independent technical examination before sending documents to the Investigative Committee;
• if it was organized bypassing the IC, the results are not accepted;
• The payment period is calculated from the moment of initial or repeated submission of documents to the Investigative Committee.

To pass the examination you must provide:

• vehicle registration documents;
• documents about the accident or their copies sent to the Investigative Committee;
• certificate of an accident (if it was issued by a traffic police officer);
• referral for examination, if a corresponding agreement has been concluded between the insurance company and the expert (company);
• other documents regarding the accident.

Paragraph 5 of the same Rules states: the car owner is first obliged to apply to the Investigative Committee for a referral for examination, and go to an independent structure only if he was not issued a referral within the period established by law. Consequently, the involved human rights defenders, acting by proxy, must still contact the Investigative Committee for a referral, and only in case of disagreement have the right to conduct an alternative check.

Bankruptcy of the insurance company in 2016

Art. is of great importance for the professional community, but not so much for ordinary consumers. 20, where the concept of bankruptcy of an insurance company and the transfer of its rights and obligations to a professional association (POS) appeared. In 2016, it was indicated that the PIC has the right to file recourse claims and seek compensation from those responsible for road accidents.

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Annex 1
to the Bank of Russia Regulations
dated September 19, 2014 N 431-P
"On the rules of compulsory insurance
civil liability of owners
vehicles" as amended
Directions of the Central Bank of the Russian Federation 4486-U
from 08/11/2017

Rules
compulsory insurance of civil liability of vehicle owners

Chapter 1. Procedure for concluding, amending, extending, early termination of a compulsory insurance contract

1.1. The contract of compulsory civil liability insurance of vehicle owners (hereinafter referred to as the compulsory insurance contract) is concluded for one year, except for cases provided for by the Federal Law “On compulsory insurance of civil liability of vehicle owners.” 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 allowed by the owner to drive the vehicle in accordance with the terms of the compulsory insurance contract, as well as other persons using the vehicle legally basis.

A compulsory insurance contract can be concluded either by drawing up and issuing a compulsory insurance policy to the policyholder on paper, or by drawing up and sending him a compulsory insurance policy in the form of an electronic document in the cases and in the manner provided for by these Rules.

In order to conclude a compulsory insurance contract or make changes to it, the policyholder is obliged to provide his personal data, the personal data of the owner of the vehicle, and if the compulsory insurance contract being concluded provides for the vehicle to be driven by drivers specified by the policyholder, the personal data of each of such drivers, including yourself information and information that must be contained in the application for concluding a compulsory insurance contract and the documents necessary for the insurer to conclude a compulsory insurance contract in accordance with the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners”.

1.2. In the case of limited use of the vehicle, the application for concluding a compulsory insurance contract shall indicate the period of use of the vehicle, as well as the drivers allowed to drive the vehicle.

When filling out an application for concluding a compulsory insurance contract, the policyholder does not fill out the line “State registration plate” if by the time the compulsory insurance contract is concluded, the vehicle of which he is the owner has not passed state registration in the prescribed manner.

1.3. After the state registration of the vehicle and receipt of the state registration plate, the policyholder is obliged to report the number of the state registration plate within three working days to the insurer, who, based on the data received, makes the appropriate entry in the compulsory insurance insurance policy form, and also enters the relevant information into the automated compulsory insurance information system , created in accordance with Article 30 of the Federal Law “On compulsory civil liability insurance of vehicle owners” (hereinafter referred to as the automated compulsory insurance information system).

When registration actions are taken in relation to a vehicle, the fulfillment of the owner’s obligation to insure his civil liability is confirmed by presenting to an employee of the registration authority a compulsory insurance policy or information printed on paper about the conclusion of a compulsory insurance agreement in the form of an electronic document.

1.4. The document certifying the implementation of compulsory insurance is a compulsory insurance policy issued by the insurer in the form specified in Appendix 3 to Bank of Russia Regulation No. 431-P dated September 19, 2014. A two-dimensional bar code (QR code measuring 20 x 20 mm) contained in the compulsory insurance policy is printed (except for cases of concluding a compulsory insurance contract in the form of an electronic document) and contains information used for direct access through the official website of the professional association of insurers in the information and telecommunications network "Internet" (hereinafter referred to as the "Internet" network) to the following information about the compulsory insurance contract: name of the insurer; series, number and date of issue of the insurance policy; the start and end dates of the period of use of the vehicle during the validity period of the compulsory insurance contract; make, model of the vehicle, vehicle identification number and its state registration plate.

The compulsory insurance policy form has a uniform form throughout the Russian Federation.

Along with the insurance policy, the insured is given a free form for notification of a traffic accident in two copies and a list of representatives of the insurer in the constituent entities of the Russian Federation, containing information about the location and postal addresses of the insurer, as well as all representatives of the insurer, means of communication with them and their time work (except for cases of concluding a compulsory insurance contract in the form of an electronic document). A notification of a traffic accident is drawn up in accordance with Appendix 5 to Bank of Russia Regulation No. 431-P dated September 19, 2014. If a compulsory insurance contract is concluded in the form of an electronic document, a traffic accident notification form in two copies is issued by the insurer free of charge upon the request of the policyholder. The policyholder has the right to independently print out a notification form about a traffic accident from the official website of the insurer on the Internet.

Traffic accident notification forms are additionally issued by the insurer free of charge upon request of the person whose liability is insured under a compulsory insurance agreement.

The compulsory insurance policy and a copy of the application for concluding a compulsory insurance contract signed by the policyholder and the insurer (insurer's representative) are issued by the insurer to the insured who applied for the conclusion of a compulsory insurance contract and, if this is provided for by the Federal Law "On compulsory insurance of civil liability of vehicle owners" or by these Rules, who has submitted other documents, as well as who has fulfilled the obligation to pay the insurance premium, immediately after performing these actions. When concluding a compulsory insurance agreement 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.

If a compulsory insurance policy is lost, the policyholder has the right to receive a duplicate free of charge.

1.5. For the purpose of concluding a compulsory insurance contract, the owner of a vehicle has the right to choose any insurer providing compulsory insurance.

The insurer has no right to refuse to conclude a compulsory insurance contract to an insured who has applied to conclude a compulsory insurance contract and, if provided for by the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” or these Rules, has submitted other documents.

1.6. To conclude a compulsory insurance contract, the policyholder submits to the insurer the documents specified in Article 15 of the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners.”

The policyholder has the right to submit the documents necessary for concluding a compulsory insurance contract in the form of electronic copies of documents obtained as a result of converting paper documents into their electronic image with preservation of all details, or electronic documents in the following cases:

the information provided by the policyholder when concluding a compulsory insurance contract in the form of an electronic document does not correspond to the information contained in the automated compulsory insurance information system or is not available in the specified information system;

When concluding a compulsory insurance contract, the policyholder did not submit at least one of the documents specified in subparagraphs "b" - "f" of paragraph 3 of Article 15 of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" on paper (by agreement with the insurer) ;

other cases that may be provided for by agreement of the parties.

The provision of documents (electronic copies of documents) in the case provided for in paragraph four of this paragraph is carried out by the policyholder by sending them to the email address specified by the insurer on its official website on the Internet in order to receive the relevant files in accordance with the requirement of this paragraph.

The policyholder is responsible for the completeness and accuracy of the information and documents provided to the insurer.

The insurer has no right to require the insured to submit original documents provided for by the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” if the insured concludes a compulsory insurance agreement with the insurer with whom a previous compulsory insurance agreement was concluded, if there is no information that copies of documents or electronic documents submitted by the policyholder contain outdated information.

If a compulsory insurance contract is concluded in the form of an electronic document, the provision by the policyholder of the documents specified in subparagraphs “b” - “f” of paragraph 3 of Article 15 of the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” is carried out through the insurers’ independent access to information, contained in these documents, using an automated information system for compulsory insurance and (or) by exchanging information in electronic form with relevant authorities and organizations, including using a unified system of interdepartmental electronic interaction.

When the policyholder directly contacts the insurer in person to conclude a compulsory insurance contract, the application form for concluding a compulsory insurance contract is provided free of charge by the insurer to the policyholder upon his request.

1.7. When concluding a compulsory insurance contract, the insurer has the right to inspect the vehicle. The place for inspection of the vehicle is established by agreement of the parties. If no agreement is reached regarding the place of inspection of the vehicle or if a compulsory insurance contract is drawn up in the form of an electronic document, the insurer will not conduct an inspection of the vehicle.

1.8. Along with the application for concluding a compulsory insurance contract, the policyholder has the right to provide the insurer with information about insurance received from the insurer with whom the previous compulsory insurance contract was concluded.

Insurance information is not provided by a person concluding a compulsory insurance contract with the insurer with whom the previous compulsory insurance contract was concluded.

When concluding a compulsory insurance contract, which provides for the driving of a vehicle only by drivers specified by the policyholder, 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 allowed to drive a vehicle, the policyholder provides the insurer with information about insurance in relation to the owner of the vehicle.

When concluding a compulsory insurance contract, the insurer checks the compliance of the insurance information provided by the policyholder and the information specified in the application for concluding a compulsory insurance contract with the information contained in the automated compulsory insurance information system and in the unified automated technical inspection information system.

If a discrepancy is detected between the information provided by the policyholder and the information contained in the automated compulsory insurance information system and (or) in the unified automated technical inspection information system, the insurer concludes a compulsory insurance contract based on the information provided by the policyholder, except for the cases provided for in paragraph 1.11 of these Rules. Information about vehicle owners who provided knowingly false information to the insurer, if this information resulted in a reduction in the amount of the insurance premium, is entered by the insurer into the automated compulsory insurance information system and is used when concluding a compulsory insurance contract for a new term to apply the appropriate insurance rate coefficient.

1.9. If the compulsory insurance contract specifies the limited use of the vehicle, the policyholder is obliged to immediately notify the insurer in writing, before transferring control of the vehicle to a driver not specified in the compulsory insurance policy, about his acquisition of the right to drive this vehicle, as well as about changes period of use of the vehicle compared to 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 expiration of the period of use of the vehicle specified in the compulsory insurance contract.

Replacing the vehicle specified in the compulsory insurance policy, changing the insurance period, as well as replacing the policyholder are not allowed.

1.10. Upon receipt from the insured of an application to change the information specified in the application for concluding a compulsory insurance contract and (or) presented when concluding a compulsory insurance contract, the insurer has the right to demand payment of an additional insurance premium in proportion to the increase in the degree of risk based on the insurance rates for compulsory insurance in force on the day payment of an additional insurance premium, and upon payment thereof is obliged to make changes to the compulsory insurance policy.

Changes to the compulsory insurance policy are recorded by making an appropriate entry in the “Special Notes” section indicating the date and time of the changes and certification of the changes by the signature of the insurer’s representative and the insurer’s seal or by issuing a reissued (new) compulsory insurance policy within two working days from the date of return by the policyholder of the previously issued insurance policy. The compulsory insurance policy returned by the policyholder is stored by the insurer along with the second copy of the reissued insurance policy. On the original and re-issued compulsory insurance policies, a note about re-issuance is made indicating the date of re-issuance and the numbers of the original and re-issued compulsory insurance policies.

Changes to the insurance policy, issued in the form of an electronic document in the manner prescribed by paragraph 1.11 of these Rules, can be made electronically or by re-issuing a compulsory insurance policy on paper. In the latter case, the policyholder is issued a reissued (new) compulsory insurance policy on paper.

The insurer enters into the automated compulsory insurance information system information about changes in the information specified by the policyholder in the application for concluding a compulsory insurance contract and (or) presented when concluding a compulsory insurance contract no later than five working days from the date of amendments to the compulsory insurance insurance policy.

1.11. The compulsory insurance contract, at the choice of the policyholder, can be drawn up in the form of an electronic document.

In this case, the policyholder sends to the insurer an application for concluding a compulsory insurance contract in electronic form using the official website of the insurer on the Internet, including after access using a unified identification and authentication system created in accordance with the Decree of the Government of the Russian Federation of November 28 2011 N 977 “On the federal state information system “Unified system of identification and authentication in the infrastructure that ensures information and technological interaction of information systems used to provide state and municipal services in electronic form” (Collected Legislation of the Russian Federation, 2011, N 49, Art. 7284; 2012, No. 5269; 2013, No. 377; No. 5807, Article 6601) Internet" (access to which, at the choice of the policyholder, can also be achieved using the Unified Identification and Identification Number) by filling out the appropriate form on any of the specified sites.

The policyholder has the right to access the insurer's website to create and send an application for concluding a compulsory insurance contract in the form of an electronic document using an electronic signature key issued for access within the framework of the unified identification and authentication system.

An application for concluding a compulsory insurance contract in electronic form is signed with a simple electronic signature of the policyholder - an individual or an enhanced qualified electronic signature of the policyholder - a legal entity in accordance with the requirements of the Federal Law of April 6, 2011 N 63-FZ "On Electronic Signature" (Collection of Legislation of the Russian Federation) Federation, 2011, art. 2036; art. 2012, no. 3988, art. 1668; 11, Art. 1098; No. 26, Art. 3390; 2016, Art. 65;

The list of information transmitted by the policyholder through the official website of the insurer on the Internet to formulate an application for concluding an insurance contract in electronic form includes information necessary to provide to the insurer when filling out an application for concluding a compulsory insurance contract on paper.

Immediately after the insured fulfills the obligation to pay the insurance premium, the compulsory insurance insurance policy in the form of an electronic document signed with an enhanced qualified electronic signature of the insurer in compliance with the requirements of the Federal Law “On Electronic Signature” is sent to the insured at the e-mail address specified by him, as well as by posting in his personal MTPL policyholder's account, provided for by Bank of Russia Directive No. 4190-U dated November 14, 2016 "On the requirements for the use of electronic documents and the procedure for exchanging information in electronic form when implementing compulsory civil liability insurance of vehicle owners", registered by the Ministry of Justice of the Russian Federation on December 29, 2016 No. 45034 (Bulletin of the Bank of Russia dated December 30, 2016 No. 115-116).

At the request of the policyholder who has concluded a compulsory insurance contract in the form of an electronic document, he is issued an insurance policy drawn up on a strict reporting form at the insurer’s office free of charge, immediately after the appropriate request. The moment of applying for an insurance policy drawn up on a strict reporting form is the date and time of filing an application for the issuance of an insurance policy drawn up on a strict reporting form directly at the insurer’s office. Also, the insurer is obliged to send to the policyholder by post an insurance policy, drawn up on a strict reporting form, on the date specified by the policyholder, and at his expense, when applying through the official website of the insurer on the Internet or the official website of a professional association of insurers on the Internet, but not earlier than the working day following the day of payment for the service by sending him the insurance policy.

After the insurer receives from the policyholder an application in electronic form, signed in accordance with the requirements of this paragraph of the Rules, about changing the information specified earlier in the application for concluding a compulsory insurance contract in electronic form, the policyholder is obliged to pay an additional insurance premium in proportion to the increase in the degree of risk based on insurance tariffs for compulsory insurance, and the insurer - to make changes to the compulsory insurance policy (if the information requested by the policyholder to change was previously reflected in the compulsory insurance policy). In this case, the insurer, no later than two working days from the date of payment of the additional insurance premium, and if the changes in information reported by the policyholder do not require additional payment of the insurance premium - no later than two working days from the date of receipt by the insurer of the application for changing the information, sends to the policyholder a reissued (new) ) compulsory insurance policy in the form of an electronic document, signed in the manner prescribed by this paragraph of the Rules. If the information, the change of which the policyholder declares, was not previously reflected in the compulsory insurance policy and does not require its reflection in the compulsory insurance policy, the policyholder, within the time limits provided for in this paragraph, is sent an electronic notification signed with an enhanced qualified electronic signature of the insurer in compliance with the requirements Federal Law “On Electronic Signature”, on the insurer’s recording of changed information.

1.12. The extension of the compulsory insurance contract is carried out upon the expiration of its validity period by concluding with the insurer with whom the previous compulsory insurance contract was concluded a compulsory insurance contract for a new term in the manner prescribed by these Rules.

1.13. The compulsory insurance contract is terminated early in the following cases:

death of a citizen - policyholder or owner;

liquidation of a legal entity - the policyholder;

liquidation of the insurer;

destruction (loss) of the vehicle specified in the compulsory insurance policy;

1.14. The policyholder has the right to terminate the compulsory insurance contract early in the following cases:

revocation of the insurer's license in the manner established by the legislation of the Russian Federation;

changing the owner of the vehicle;

other cases provided for by the legislation of the Russian Federation.

1.15. The insurer has the right to terminate the compulsory insurance contract early in the following cases:

identification of false or incomplete information provided by the policyholder when concluding a compulsory insurance contract, which is essential for determining the degree of insurance risk;

other cases provided for by the legislation of the Russian Federation.

1.16. In the event of early termination of the compulsory insurance contract on one of the grounds provided for in paragraph three of clause 1.13, paragraph four of clause 1.14 and paragraph two of clause 1.15 of these Rules, part of the insurance premium under the compulsory insurance contract is not returned to the policyholder. In other cases, the insurer returns to the policyholder part of the insurance premium in the amount of its share intended for insurance compensation and falling on the unexpired term of the compulsory insurance contract or the unexpired period of seasonal use of the vehicle (period of use of the vehicle).

Calculation of the unexpired term of the contract (the period of use of the vehicle) begins 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 1.13 of these Rules, the date of early termination of the compulsory insurance contract is considered to be the date of the event that was the basis for its early termination and the occurrence of which is confirmed by documents of the authorized bodies.

In cases of early termination of the compulsory insurance contract provided for in paragraph 1.14 of these Rules, the date of early termination of the compulsory insurance contract is considered to be the date the insurer receives a written application from the insured for early termination of the compulsory insurance contract and documentary evidence of the fact that served as the basis for the early termination of the contract.

In cases of early termination of the compulsory insurance contract provided for in paragraph 1.15 of these Rules, the date of early termination of the compulsory insurance contract is considered to be 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 the insurer receives information about the cases provided for in paragraphs two, four, five, six of clause 1.13 of these Rules, or the policyholder’s application for early termination of the mandatory contract insurance on one of the grounds provided for in paragraph 1.14 of these Rules, or within 14 calendar days from the date following the date of receipt by the policyholder of a written notice from the insurer about the early termination of the compulsory insurance contract on the basis provided for in paragraph three of paragraph 1.15 of these Rules.

If the deadline for returning part of the insurance premium provided for by this paragraph of the Rules is not met, the insurer shall pay the insured individual a penalty (penalty) in the amount of one percent of the insurance premium under the compulsory insurance agreement for each day of delay, but not more than the amount of the insurance premium under such agreement.

1.17. In case of early termination or upon expiration of the compulsory insurance contract, the insurer provides the policyholder, the person whose liability risk was insured under such compulsory insurance contract, with information about insurance in the form specified in Appendix 4 to Bank of Russia Regulation No. 431 dated September 19, 2014 -P. Insurance information is provided by the insurer free of charge in writing within five days from the date of the corresponding written request.

Chapter 2. Procedure for payment of insurance premium

2.1. The insurance premium is calculated by the insurer in accordance with the insurance tariffs determined by the insurer taking into account the requirements established by the Bank of Russia.

Changes in insurance rates during the validity period of the compulsory insurance contract do not entail a change in the insurance premium paid by the policyholder according to the insurance rates in effect at the time of payment. If, in accordance with these Rules, the policyholder is obliged to pay an additional insurance premium in proportion to the increase in the degree of risk, the amount of the additional insurance premium to be paid is determined according to the insurance rates in effect at the time of its payment.

The calculation of the insurance premium under a compulsory insurance contract is carried out by the insurer based on the information provided by the policyholder in a written application for concluding a compulsory insurance contract or an application sent to the insurer in the form of an electronic document, information about insurance, taking into account the information contained in the automated compulsory insurance information system.

If the terms of the compulsory insurance contract change during its validity period, the insurance premium is subject to change after the commencement of the compulsory insurance contract in the direction of decreasing or increasing it, depending on the changed information reported by the policyholder to the insurer, affecting the degree of insurance risk.

The policyholder has the right to demand from the insurer a written calculation of the insurance premium to be paid. The insurer is obliged to submit such a calculation within three working days from the date of receipt of the corresponding written application from the policyholder.

2.2. The insurance premium under a compulsory insurance contract is paid by the policyholder to the insurer upon concluding a compulsory insurance contract in a lump sum in cash or by bank transfer in accordance with Bank of Russia Regulation No. 383-P dated June 19, 2012 “On the rules for transferring funds,” registered by the Ministry of Justice of the Russian Federation June 22, 2012 N 24667, August 14, 2013 N 29387, May 19, 2014 N 32323, June 11, 2015 N 37649, January 27, 2016 N 40831 (Bulletin of the Bank of Russia dated June 28, 2012 N 34, dated 28 August 2013 No. 47, dated May 28, 2014 No. 46, dated June 22, 2015 No. 54, dated February 15, 2016 No. 14).

Chapter 3. List of actions of persons when implementing compulsory insurance

3.1. When an insured event (traffic accident) occurs, drivers involved in this incident must take measures and fulfill the duties provided for by the Traffic Rules of the Russian Federation, approved by Resolution of the Council of Ministers - Government of the Russian Federation of October 23, 1993 N 1090 (Collection of Acts of the President and Government Russian Federation, 1993, No. 4531; Collection of legislation of the Russian Federation, 1998, No. 5521; 931; Art. 2693, Art. 1899; 2005, Art. 5733; 741; Art. 1882; Art. 2009; Art. 233; Art. 976; , N 42, art. 154; N 30, art. 4289; ; N 24, Art. 2999; Art. 4218; 2014, Art. in the current circumstances, measures in order to reduce possible losses from the incident, write down the names and addresses of eyewitnesses and indicate them in the notification of the traffic accident, take measures to prepare documents about the incident in accordance with these Rules.

3.2. The driver involved in a road traffic accident is obliged to inform other participants in the 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 traffic accident must notify the insurers who insure their civil liability of the occurrence of an insured event in the cases and within the time limits established by these Rules.

3.4. The preparation of documents regarding a traffic accident can be carried out in the presence of the insurer (insurer's representative) to determine the circumstances of the traffic accident and the damage(s) caused as reported by the insured or the victim. To do this, the driver who is a participant in a traffic accident informs the insurer who insured his civil liability, or his representative, in any available way about the place and time of the traffic accident, as well as the circumstances that led to it, so that the insurer can make a decision on the need to go to the scene of the traffic accident. -transport accident.

3.5. Drivers of vehicles involved in a traffic accident are required to fill out traffic accident notification forms issued by insurers, regardless of the execution of documents by the police officers who arrived at the scene of the traffic accident.

If there are no disagreements in the circumstances of the harm and the traffic accident, the nature and list of visible damage to the vehicles, two drivers jointly fill out one form for notification of a traffic accident.

If more than two vehicles are involved in a traffic accident or there are disagreements among drivers in assessing what happened, as well as if it is impossible for drivers to jointly fill out one form of notification of a traffic accident (for health reasons, in the event of the death of the driver, due to the failure of one of which from jointly filling out the form or for other reasons), each driver is allowed to fill out his own notification form indicating the reason for the impossibility of jointly filling out the notification of a traffic accident. In the event of the death of the driver, the notification of a traffic accident in relation to this vehicle is not filled out by other persons.

If harm is caused to the life or health of passengers in vehicles or pedestrians, the notification of a road traffic accident shall indicate the presence of injured passengers and pedestrians. If participants in a traffic accident have information about the victims (last names, first names, patronymics), they must provide this information to the insurer. Information about injured passengers and pedestrians is provided to the insurer by police units based on his written request or a request sent electronically as part of electronic interaction.

If harm is caused to victims, the driver must notify the insurer in the manner and within the time frame established by these Rules.

3.6. When preparing documents about a road traffic accident without the participation of authorized police officers, the forms for notification of a road traffic accident are filled out by both drivers of the vehicles involved in the road traffic accident, while the circumstances of the harm, the diagram 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 traffic accident notification from the front side. The reverse side of the notification of a traffic accident is completed by each driver independently.

If there are disagreements about the circumstances of the traffic accident, the nature and list of visible damage to vehicles, refusal to sign the notice by one of the participants in the traffic accident, or if the amount of damage exceeds, according to the preliminary assessment of the participant in the traffic accident, the amount within which the insurer insurance compensation in case of registration of documents about a traffic accident without the participation of authorized police officers; registration of documents about a traffic accident is carried out with the participation of authorized police officers.

The insurer has the right to order an independent examination of vehicles involved in a traffic accident in the event of detection of contradictions regarding the nature and list of visible damage to vehicles and (or) the circumstances of the harm recorded in the submitted notice of the traffic accident, in accordance with clause 3.11 of these Rules.

In order to establish the circumstances of harm and determine the amount of damages subject to compensation in connection with damage to property, an independent technical examination and an independent examination (assessment) are carried out. At the request of the insurer, the owners of vehicles involved in a traffic accident, who have drawn up documents on a traffic accident in accordance with this paragraph of the Rules, are obliged to submit these 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 agree on a different period.

3.7. The victim who has received insurance compensation on the basis of clause 3.6 of these Rules does not have the right to submit additional claims to the insurer 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 the amount of insurance compensation, the victim may file a claim in court against the person who caused the damage.

The victim has the right to contact the insurer who insured the civil liability of the person who caused the harm, with a claim for compensation for harm caused to life or health, which arose after the presentation of the claim for compensation for damage caused to his vehicle, and which the victim did not know about at the time filing a claim in accordance with clauses 3.9, 4.1 - 4.7 of these Rules.

3.8. Notifications of a traffic accident filled out by drivers involved in a road traffic accident, drawn up in accordance with paragraph 3.6 of these Rules, must be delivered or sent in any way that provides confirmation of dispatch as soon as possible, but no later than five working days after the road traffic accident. , the insurer who insured the driver’s civil liability, or the insurer’s representative in the subject of the Russian Federation at the place of residence (location) of the victim or in the subject of the Russian Federation on whose territory the traffic accident occurred. The driver who is the victim submits to the insurer his or her notification form about a traffic accident or a notification form filled out together with other participants in the traffic accident simultaneously with the submission of an application for insurance compensation or direct compensation for losses. A notice of a traffic accident to the driver who caused the harm can be transmitted by fax with the simultaneous sending of its original by registered mail to the address of the insurer that insured his civil liability or the insurer's representative specified in the compulsory insurance policy.

3.9. A victim who intends to exercise his right to insurance compensation is obliged to notify the insurer of the occurrence of an insured event as soon as possible.

The victims or beneficiaries 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 limits 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 insured the civil liability of the victim, if simultaneously the circumstances listed in paragraph 3.15 of these Rules exist.

In case of fulfillment of the insurer's obligation to organize and pay for the restoration repair of the vehicle in the manner established by 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 expresses consent to a possible increase in the terms of restoration repair of the vehicle due to objective circumstances, including repair technology and the availability of components (parts, assemblies and assemblies).

In case of fulfillment of the insurer's obligation to organize and pay for the restoration repair of the vehicle in the manner established by paragraphs 4.17.1 and 4.17.2 of these Rules, the victim in the application for insurance compensation or direct compensation for losses indicates the service station for carrying out the restoration repair of the vehicle.

3.10. At the time of filing an application for insurance compensation or direct compensation for losses, the victim attaches to the application:

a duly certified copy of the identity document of the victim (beneficiary);

documents confirming the authority of the person who is the representative of the beneficiary;

documents containing bank details for receiving insurance compensation, if payment of insurance compensation will be made by bank transfer;

consent of the guardianship and trusteeship authorities, if the payment of insurance compensation will be made to the representative of the person (victim (beneficiary)) under the age of 18 years;

certificate of a traffic accident issued by the police unit responsible for road safety, in the form approved by order of the Ministry of Internal Affairs of the Russian Federation dated April 1, 2011 N 154 (registered by the Ministry of Justice of Russia on May 5, 2011, registration N 20671), if registration documents about a traffic accident were carried out with the participation of authorized police officers;

notification of a traffic accident;

copies of the protocol on an administrative offense, a resolution on a case of an administrative offense or a ruling on the 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 paragraphs 4.1, 4.2, 4.4 - 4.7 and (or) 4.13 of these Rules.

Submission to the victim of the necessary documents on insurance compensation to check their completeness, at the request of the victim, is carried out electronically through the official website of the insurer on the Internet, which does not relieve the victim from the need to submit documents on insurance compensation to the insurer in writing at the location of the insurer or the insurer's representative . The insurer considers applications from applicants sent in the form of electronic documents and sends them responses to the email addresses from which these applications were received within the period agreed upon by the applicant with the insurer, but no later than three business days from the date of receipt of these applications.

The insurer has no right to demand from the victim documents not provided for in these Rules.

3.11. In case of damage to property, the victim who intends to exercise his right to insurance compensation or direct compensation for losses, within five working days from the date of filing the application for insurance compensation or direct compensation for losses and the documents attached to it in accordance with these Rules, is obliged to present the damaged vehicle or its remains for inspection and (or) independent technical examination carried out in accordance with the rules approved by the Bank of Russia, other property - for inspection and (or) independent examination (assessment) carried out in the manner established by the legislation of the Russian Federation, taking into account the specifics established Federal Law “On Compulsory Civil Liability Insurance 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, independent examination (assessment) by issuing a referral for an independent technical examination, independent examination (assessment) (including by mail) within no more than five working days from the date of receipt applications for insurance compensation or direct compensation for losses with attached documents provided for by these Rules, unless another period is agreed upon between the insurer and the victim. After the inspection and (or) independent technical examination, independent examination (assessment), upon a written application of the victim, the insurer is obliged to familiarize him with the results of the inspection and (or) independent technical examination, independent examination (assessment). A fact indicating the fulfillment by the insurer of the obligation to organize an independent technical examination, independent examination (assessment) is the issuance of the appropriate direction to the victim (including by mail).

The insurer is obliged to agree with the victim on 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 period of inspection specified in this paragraph, an independent technical examination, an independent examination (assessment) of the damaged property, and the victim in must present the damaged property at the time agreed with the insurer.

If the victim fails to provide the damaged property or its remains for inspection and (or) independent technical examination, independent examination (assessment) on the date agreed with the insurer, the insurer agrees with the victim a new date for inspection and (or) independent technical examination, independent examination (assessment) of the damaged property. property or its remains. Moreover, if the victim fails to fulfill the obligation established by this paragraph of the Rules to present the damaged property or its remains for inspection and (or) independent technical expertise, independent examination (assessment), the deadline for the insurer to make a decision on insurance compensation, defined in paragraph 4.22 of these Rules, may be extended for a period not exceeding the number of days between the date the victim presented the damaged property or its remains and the date of inspection and (or) independent technical examination, independent examination (assessment) agreed upon with the victim, but no more than 20 calendar days, with the exception of non-working holidays . If the victim fails to provide the damaged property or its remains for inspection and (or) independent technical examination, independent examination (assessment), the insurer notifies the victim in writing of the impossibility of making a decision on insurance compensation until the victim performs these actions.

If the nature of the damage or features of the damaged vehicle or other property preclude its submission for inspection and independent technical expertise, independent examination (assessment) at the location of the insurer and (or) expert (including if the damage to the vehicle precludes its participation in road traffic) , this is indicated in the application. In this case, inspection and independent technical examination, independent examination (assessment) are carried out at the location of the damaged property within a period of no more than five working days from the date of filing 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 located in hard-to-reach, remote or sparsely populated areas - within a period of no 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 are agreed between the insurer and the victim.

At the request of the insurer, the owner of the vehicle involved in the traffic accident, in the event of registration of documents on the traffic accident in accordance with paragraph 3.6 of these Rules, submits the vehicle for inspection and (or) for an independent technical examination in the manner established by this paragraph Rules

3.12. If the insurer, within the period established by paragraph 3.11 of these Rules, has not inspected the damaged property and (or) has not organized its independent technical examination, independent examination (assessment), then the victim has the right to apply independently for such a technical examination or examination (assessment), without presenting the damaged property or its remains to the insurer for inspection.

In this case, the results of an independent technical examination or independent examination (assessment) independently organized by the victim are accepted by the insurer to determine the amount of insurance compensation.

The cost of an independent technical examination, an independent examination (assessment), on the basis of which insurance compensation was made, is included in the losses subject to compensation by the insurer under a compulsory insurance contract.

3.13. In order to clarify the circumstances of the damage caused to vehicles, establish the nature of damage to the vehicle and their causes, technology, methods, cost of its repair, as well as the actual value of the vehicle on the date of the 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. If the inspection and (or) independent technical examination, independent examination (assessment) of the damaged property or its remains presented by the victim does not allow reliably establishing the existence of an insured event and determining the amount of losses subject to compensation under the compulsory insurance contract, the insurer has the right to clarify these circumstances within 10 working days from the date the victim submits an application for insurance compensation or direct compensation for losses, inspect the vehicle during the use of which the victim suffered harm, and (or) at his own expense, organize and pay for an independent technical examination of this vehicle. The owner of the vehicle, during the use of which the property of the victim was damaged, is obliged to present this vehicle at the request of the insurer.

The results of the inspection and (or) independent technical examination (assessment) are documented in writing and signed by the insurer (his representative), an expert technician, a representative of an independent expert organization that conducted the independent technical examination, if such an examination was carried out, and the owner of the vehicle.

The insurer denies the victim insurance compensation or part thereof if the repair of damaged property or disposal of its remains, carried out before the inspection by the insurer and (or) an independent technical examination, independent examination (assessment) of the damaged property in accordance with the requirements of these Rules, does not allow reliably establishing the presence of an insured event and the amount of losses subject to compensation under a compulsory insurance contract.

3.15. The victim makes a claim for compensation for damage caused to his property to the insurer who insured the civil liability of the victim, if the following circumstances exist simultaneously:

as a result of a traffic accident, damage was caused only to the vehicles specified in paragraph three of this paragraph of the Rules;

a traffic accident occurred as a result of the 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 Insurance of Civil Liability of Vehicle Owners”.

3.16. The insurer, which insured the civil liability of the victim, assesses the circumstances of the traffic accident, set out in the notification of the traffic accident, and, based on the application for direct compensation for losses and the submitted documents, compensates the victim for the damage caused to the victim’s vehicle in the amount of insurance compensation from the name of the insurer who insured the civil liability of the person who caused the harm (provides 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 contact the insurer who insured the civil liability of the person who caused the harm, with a claim for compensation for harm caused to life or health, which arose after the claim for direct compensation for losses was made and about which the victim did not know at the time. moment of presentation of the demand.

A victim who has the right to make a claim for compensation for damage caused to his property directly to the insurer who insured his civil liability, in the event of a decision by the arbitration court to declare such an insurer bankrupt and to open bankruptcy proceedings in accordance with the legislation on insolvency (bankruptcy) or in the event of a revocation he has a license to carry out insurance activities and makes a claim for insurance compensation to the insurer who insured the civil liability of the person who caused the harm.

3.18. The insurer that insured the civil liability of the victim indemnifies the damage caused to the victim's vehicle on behalf of the insurer that insured the civil liability of the person who caused the harm (provides direct compensation for losses), in accordance with the agreement on direct compensation for losses.

In relation to the insurer that insured the civil liability of the victim, in the event of a claim for direct compensation of losses being presented to it, the provisions of the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners”, which are established in relation to the insurer to whom the claim for insurance compensation was presented, are applied.

3.19. The provisions of Chapter 3 of these Rules apply equally to the representative of the insurer who insured the civil liability of the victim, if the victim applies to him with an application for direct compensation for losses.

Chapter 4. The procedure for determining the amount of losses subject to compensation by the insurer and making insurance compensation for damage caused to the victim

4.1. To receive an insurance payment in connection with causing harm to the victim’s health, in addition to the documents provided for in paragraph 3.10 of these Rules, the following must be attached to the application for insurance compensation:

documents issued and executed in accordance with the procedure established by the legislation of the Russian Federation, by the medical organization to which the victim was delivered or applied independently, regardless of its organizational and legal form, indicating the nature of the injuries and injuries received by the victim, diagnosis and period of incapacity for work;

a conclusion of a forensic medical examination 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 (if such a conclusion exists);

a certificate confirming the fact that the victim has been diagnosed with disability or the category of “disabled child” (if such a certificate is available);

certificate from an ambulance station confirming the medical care provided at the scene of a traffic accident.

If, as a result of harm caused to the health of the victim as a result of a road traffic accident, based on the results of a medical and social examination, the victim is assigned a disability group or the category of “disabled child,” the documents provided for in paragraphs 4.2, 4.6, 4.7 of these Rules are also submitted to receive insurance payment.

To receive an insurance payment in connection with causing harm to the life of the victim, in addition to the documents provided for in paragraph 3.10 of these Rules, the documents provided for in paragraphs 4.4 and 4.5 of these Rules are attached to the application for insurance payment.

4.2. When victims present a claim for compensation for their lost earnings (income) in connection with an insured event that resulted in the loss of professional ability to work, and in the absence of professional ability to work - resulting in the loss of general ability to work, the following are submitted:

a forensic 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;

a certificate or other document about the average monthly earnings (income), scholarships, pensions, benefits that the victim had on the day of harm to his health;

other documents confirming the income of the victim, which are taken into account when determining the amount of lost earnings (income).

Insurance payment in terms of compensation for lost earnings (income) by the victim is made at a time or as agreed between the insurer and the victim in equal monthly payments.

4.3. The amount of earnings (income) lost by the victim to be compensated is determined as a percentage of his average monthly earnings (income) before the injury or other damage to health or until he lost his ability to work, corresponding to the degree of loss of the victim’s professional ability to work, and in the absence of professional ability to work - the degree of loss of general ability to work.

4.4. In case of harm to the life of the victim, the beneficiaries include persons who have the right, in accordance with civil law, to compensation for harm in the event of the death of the victim (breadwinner).

In the absence of the persons specified in paragraph one of this paragraph, the spouse, parents, children of the victim, and citizens who depended on the victim if he did not have independent income have the right to compensation for harm.

4.4.1. In order to receive insurance payment, the persons specified in paragraph one of clause 4.4 provide the insurer with:

a statement containing information about family members of the deceased victim, indicating the persons who were dependent on him and who have the right to receive maintenance from him;

a copy of the death certificate;

birth certificate of the child (children), if at the time of the insured event the deceased had minor children as their dependents;

a certificate confirming the establishment of disability, if on the date of the insured event the deceased was dependent on disabled people;

a certificate from an educational organization 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 dependents of the deceased were persons studying at the educational institution;

a conclusion (certificate from a medical organization, social security agency) on the need for outside care, if at the time of the insured event the deceased was dependent on persons who needed outside care;

a certificate from a social security authority (medical organization, local government, employment service) stating that one of the parents, spouse or other family member of the deceased does not work and is caring for his relatives, if at the time of the insured event the deceased had non-working members dependent on them families involved in caring for his relatives.

4.4.2. In order to receive insurance payment, the persons specified in paragraph two of clause 4.4 provide the insurer with:

a copy of the death certificate;

marriage certificate if the spouse of the victim applies for insurance compensation;

birth certificate of the child (children) in case the parents or children of the victim apply for insurance compensation.

4.4.3. Insurance payment to persons who, in accordance with this paragraph of the Rules, have the right to receive insurance payment in the event of the death of the victim, is made in equal shares based on a total amount of 475 thousand rubles. The size of the shares is determined by the insurer as of the day of the decision to make an insurance payment based on the number of applications for insurance compensation submitted by persons entitled to receive an insurance payment in the event of the death of the victim before the expiration of the period provided for in paragraph three of clause 4.22 of these Rules.

4.4.4. A person who has the right to compensation for damage in the event of the death of a victim as a result of an insured event and who has submitted a claim to the insurer for an insurance payment after the insurance payment for this insured event has been distributed among persons entitled to compensation for damage in the event of the death of a victim, has the right to demand from these persons return the part of the insurance payment due in accordance with these Rules or demand payment of compensation from the person who caused harm to the life of the victim as a result of this insured event, in accordance with civil law.

4.4.5. If during the life of the victim an insurance payment was made for causing 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 resulting from the same insured event.

4.5. Persons who have incurred the necessary expenses for the burial of the deceased, when submitting a claim for compensation for damage, represent:

a copy of the death certificate;

documents confirming funeral expenses incurred.

Funeral expenses are reimbursed in the amount of no more than 25 thousand rubles.

4.6. The victim, when submitting a claim for compensation for additional expenses incurred by him caused by damage to health as a result of the occurrence of an insured event, as well as expenses for treatment and the purchase of medicines, represents:

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 purchased medications.

4.7. When submitting a claim for compensation for additional expenses incurred by him caused by damage to health as a result of an insured event (except for expenses for treatment and the purchase of medicines), the victim submits a medical report issued in the manner established by the legislation of the Russian Federation, a medical-social or forensic medical examination report on the need for additional nutrition, prosthetics, outside care, sanatorium treatment, special vehicles and other services.

4.7.1. When submitting a claim for reimbursement of expenses for additional food:

a certificate from a medical organization regarding the composition of the daily food package of additional food required for the victim;

documents confirming payment for purchased products from the supplementary nutrition food package.

Expenses for additional food are included in the insurance payment in an amount not exceeding 3 percent of the insured amount.

4.7.2. When submitting a claim for reimbursement of expenses for prosthetics (orthotics), documents confirming payment for prosthetics (orthotics) services.

4.7.3. When submitting a claim for reimbursement of expenses for outside care, documents confirming payment for outside care services.

4.7.4. When submitting a claim for reimbursement of expenses for spa treatment:

an extract from the medical history issued by the institution where the spa treatment was carried out;

a copy of the sanatorium-resort voucher or other document confirming the receipt of sanatorium-resort treatment, certified in the prescribed manner;

documents confirming payment for a trip to a sanatorium-resort treatment.

4.7.5. When submitting a claim for reimbursement of expenses for the purchase of special vehicles:

a copy of the special vehicle’s passport or its registration certificate;

documents confirming payment for the purchased special vehicle;

a copy of the agreement under which the special vehicle was purchased.

4.7.6. When victims present a claim for reimbursement of expenses associated with training for another profession:

a copy of the agreement with the organization providing vocational training (retraining);

document confirming payment for vocational training (retraining).

4.7.7. When making a claim for reimbursement of expenses for medical rehabilitation and other expenses caused by damage to health as a result of an insured event (except for expenses for treatment and the purchase of medicines):

documents from medical or other organizations confirming the need to receive relevant services or items;

documents confirming payment of such expenses.

4.8. 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 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 insurance amount 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. State social insurance and social security bodies, as well as medical insurance organizations, do not have the right to make recourse claims against the insurer providing 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 damage in the event of the death of the victim (breadwinner);

no more than 25 thousand rubles for reimbursement of funeral 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) is granted 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 the event of harm to the life or health of the injured person, those entitled to receive insurance compensation provide the insurer with the documents provided for in clauses 3.10, 4.1, 4.2, paragraphs four to ten of clause 4.4, clauses 4.5 - 4.7 of these Rules

Until April 1, 2015, the amount of the insurance payment due to the victim for compensation for damage caused to his health is calculated by the insurer in the manner prescribed by the rules of Chapter 59 of the Civil Code of the Russian Federation.

4.12. In case of damage to the property of the victim, compensation within the limits of the insured amount is subject to:

in the event of 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 remains, in the case of damage to the property - the costs necessary to bring the property to the condition in which it was before the occurrence of the insured event;

other expenses incurred by the victim in connection with the harm caused (including evacuation of a vehicle from the scene of a traffic accident, storage of a damaged vehicle, delivery of victims to a medical organization).

4.13. If damage is caused 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 submits:

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;

the conclusion of an independent examination (assessment) on the amount of damage caused, if an independent examination (assessment) was carried out, or the conclusion of an independent technical examination on the circumstances and amount of damage caused to the vehicle, if such an examination was organized independently by the victim;

documents confirming payment for the services of an independent expert, if the examination was carried out and payment was made by the victim;

documents confirming the provision and payment of services for the evacuation of damaged property, if the victim requires compensation for the corresponding expenses. The costs of towing a vehicle from the scene of a traffic accident to the place of its repair or storage are subject to reimbursement;

documents confirming the provision and payment of services for storing damaged property, if the victim requires compensation for the corresponding expenses. Storage costs are reimbursed from the date of the road traffic accident until the day the insurer conducts an inspection or independent examination (assessment) based on the period specified by the insurer in sending an independent technical examination, independent examination (assessment), during which the corresponding examination must be carried out;

other documents that the victim has the right to submit in support of his claim for compensation for the harm caused to him, including estimates and invoices confirming the cost of repairing damaged property.

4.14. The victim provides the insurer with the originals of the documents provided for in paragraph 4.13 of these Rules, or their copies certified in the prescribed manner.

To confirm payment for purchased goods, work performed and (or) services provided, original documents are submitted to the insurer.

4.15. The amount of insurance compensation in case of damage to the property of the victim is determined:

in the event of complete loss of the victim's property (if repair of the damaged property is impossible or the cost of repairing the damaged property is equal to its value 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 remains;

in case of damage to the property of the victim - in the amount of expenses necessary to bring the property to the state in which it was before the occurrence of the insured event (recovery expenses).

Restoration costs are paid based on the average prices prevailing in the region, with the exception of cases where the victim receives compensation in kind for the harm caused.

If the victim receives compensation in kind for the damage caused, restoration costs are paid by the insurer in accordance with the agreement 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 amount of restoration costs, wear and tear of parts, assemblies and assemblies are taken into account. The amount of costs for spare parts is determined taking into account the wear and tear of components (parts, assemblies and assemblies) to be replaced during restoration repairs. At the same time, depreciation of more than 50 percent of their value cannot be charged on the specified components (parts, assemblies and assemblies).

4.16. The costs of restoring damaged property include:

expenses for materials and spare parts necessary for repair (restoration);

expenses for work associated with such repairs;

if the damaged property is not a vehicle - costs for delivery of materials and spare parts to the repair site, costs for delivery of property to the repair site and back, costs for delivery of repair crews to the repair site and back.

Restoration costs do not include additional costs resulting from improvements and upgrades to the property and costs resulting from temporary or auxiliary repairs or restoration.

4.17. Insurance compensation for damage caused to the victim's vehicle (with the exception of passenger cars owned by citizens and registered in the Russian Federation) can be provided at the choice of the victim:

by organizing and paying for restoration repairs of the victim’s damaged vehicle at a service station chosen by the victim in agreement with the insurer, with which the insurer has entered into an agreement to organize restoration repairs (compensation for damage caused in kind);

by issuing the amount of the insurance payment to the victim (beneficiary) at the insurer's cash desk or transferring the amount of the insurance payment to the bank account of the victim (beneficiary) (cash or non-cash payment).

If the insurer has concluded an appropriate agreement with a service station, the choice of the method of compensation for damage is made by the victim.

The choice by the victim of a service station in order to receive compensation in kind for the damage caused is carried out by him from among the stations proposed by the insurer, with which the latter has a corresponding agreement. The insurer's agreement with a service station may provide for 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 repairs at such a service station as a method of compensation if the vehicle he owns meets the criteria specified in the agreement between the insurer and the service station.

In the event of compensation in kind for the damage caused, the insurer issues a referral for repairs to the victim within the time period provided for in paragraph 4.22 of these Rules. The repair request must contain the following information:

about the victim to whom such a referral was issued;

on a compulsory insurance contract, in order to fulfill obligations under which a referral for repairs was issued;

about the vehicle subject to repair;

on the name and location of the service station where the victim’s vehicle will be repaired and where the insurer will pay the cost of restoration repairs;

about the period of repair;

on the amount of possible additional payment of the victim for restoration repairs, due to wear and tear of parts and assemblies being replaced during the repair process and their replacement with new parts and assemblies, or the amount of wear and tear on replaced parts and assemblies without indicating the amount of additional payment (in this case, the amount of additional payment is determined by the service station and indicated in the documents issued to the victim upon acceptance of the vehicle).

The repair period is determined by the service station in agreement with the victim and is indicated by the service station when accepting the victim’s vehicle for repair or in another document issued to the victim. The specified period can be changed by agreement between the service station and the victim, of which the insurer must be informed.

The relationship between the service station and the victim regarding the repair of a vehicle belonging to the victim is regulated by the legislation of the Russian Federation.

The insurer's obligations to organize and pay for restoration repairs of the victim's vehicle are considered to be fulfilled by the insurer properly from the moment the victim receives the repaired vehicle. In this case, the insurer that issued the repair direction is responsible for the technical service station’s failure to comply with the deadline agreed with the victim 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's liability does not arise if the victim agreed to change the time limit for the transfer of the repaired vehicle or accepted the repaired vehicle from the service station without indicating at the time of its acceptance the existence of claims to the restoration repair service provided.

Compensation for damage caused to the victim’s property other than a vehicle, as well as compensation for damage in the event of the complete loss of a vehicle, is carried out in the manner prescribed by paragraph three of this paragraph.

The settlement of issues related to identified hidden damage to the vehicle caused by an insured event is determined by the service station in agreement with the insurer and the victim and is indicated by the service station when accepting the victim’s vehicle for repair or in another document issued to the victim.

The procedure for resolving issues of payment for repairs not related to the insured event is determined by the vehicle service station in agreement with the victim and is indicated by the vehicle service station in the document issued to the victim upon acceptance of the vehicle for repair.

The amount of insurance compensation for each insured event cannot exceed the amount of insurance established by the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners", and in the event of registration of a road traffic accident without the participation of authorized police officers, it cannot exceed the maximum amount subject to payment by the insurer in this case.

Under compulsory insurance contracts concluded before October 1, 2014, payment of insurance compensation for damage caused to the property of the victim(s) is made taking into account 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 on the amount of insurance payment in terms of compensation for damage caused to the property of one victim).

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 clause 16.1 of Article 12 of the Federal Law "On compulsory insurance of civil liability of vehicle owners") in accordance with clause 15.2 or 15.3 of the article 12 of the Federal Law “On compulsory insurance of civil liability of vehicle owners” by organizing and (or) paying for restoration repairs of the damaged vehicle of the victim.

When compensating for damage caused on the basis of this clause, the insurer issues to the victim, within the time limits provided for in clause 4.22 of these Rules, a referral for repairs, which must necessarily contain the information provided for in paragraphs seven to eleven of clause 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.

4.17.2. A victim who intends to receive insurance compensation for damage caused in the manner established by clause 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 where he intends to arrange for the repair of a damaged vehicle. The insurer, within 15 calendar days, excluding non-working holidays, after receiving such an application and the documents attached to it, provided for by these Rules, notifies the victim in writing of the approval of repairs at the specified service station or of the refusal of such approval.

In the absence of the written consent of the insurer to pay the cost of restoration of the service station, provided for in clause 15.3 of Article 12 of the Federal Law "On compulsory civil liability insurance 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 civil liability insurance" responsibility of vehicle owners."

4.18. If a criminal case has been initiated on the basis of a traffic accident, the victim provides the insurer with documents from 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, defined by the legislation of the Russian Federation, to provide documents provided for in paragraphs 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 the event of failure to provide 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 necessary to resolve the issue of payment of insurance amounts under a compulsory insurance contract are provided upon request of the insurer free of charge.

4.20. To obtain information about the availability of a diagnostic card valid at the time of the insured event, containing information about the compliance of the vehicle with mandatory vehicle safety requirements, issued in relation to the vehicle, during the use of which harm was caused to the life, health or property of the victim, the insurer uses the information contained in a unified automated technical inspection information system.

4.21. The policyholder takes reasonable and available measures under the circumstances to reduce losses. Expenses incurred in order to reduce losses (providing a vehicle to deliver a victim in a traffic accident to a medical organization, participation in eliminating the consequences of a traffic 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 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 paragraphs 3.10, 4.1, 4.2, 4.4 - 4.7 and 4.13 of these Rules within 20 calendar days, with the exception of non-working holidays, and in the case provided for in paragraph 4.17.2 of these Rules 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 insurer’s decision to provide insurance compensation or direct compensation for losses, recording the causes and circumstances of a road traffic accident that is an insured event, its consequences, the nature and amount of damage incurred, the amount of the insured amount payable (hereinafter - an insured event report), and make an insurance payment, and in the case of compensation in kind, issue a direction to the victim for repairs (in the latter case, the insured event report is not drawn up by the insurer) or send a written notice of refusal of insurance payment or refusal in issuing a referral for repairs indicating the reasons for the refusal.

The insurer, within 15 calendar days, with the exception of non-working holidays, from the date of acceptance of the first application for insurance compensation in terms of compensation for damage 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 paragraphs 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 damage 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 making an insurance payment, carry out insurance payment or send a written notice of complete or partial refusal to make insurance payment, indicating the reasons for the refusal. Insurance payment in terms of compensation for damage caused to the life of the victim is made at a time.

If the deadline for making an insurance payment or issuing a referral to repair a vehicle to the victim is not met, the insurer shall pay the victim a penalty (penalty) for each day of delay 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.”

If the deadline for sending a reasoned refusal of insurance compensation to the victim is not met, the insurer pays him money for each day of delay in the form of a financial sanction in the amount of 0.05 percent of the insured amount established by the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” according to the type of damage caused.

When compensating in accordance with paragraphs 4.17.1 and 4.17.2 of these Rules for damage caused to the victim in kind in case of violation of the deadline for the restoration of a damaged vehicle, the insurer for each day of delay pays the victim a penalty (penalty) in the amount of 0.5 percent of the amount determined in in accordance with the Federal Law “On Compulsory Civil Liability Insurance of Vehicle Owners”, the amount of insurance compensation, but not more than the amount of such compensation.

The penalty (penalty) or the amount of financial sanction provided for in this paragraph in case of failure to comply with the deadline for making insurance compensation or the deadline for sending a reasoned refusal of insurance compensation to the victim 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 financial sanction, which indicates the form payment (cash or non-cash), as well as bank details according to which such a penalty (penalty) or the amount of such a financial sanction must be paid if the victim chooses a non-cash payment method. In this case, the insurer has no right to require additional documents for payment.

The total amount of the penalty (penalty), the amount of financial sanction that must be paid to the injured individual, cannot exceed the amount of the insurance amount for the type of harm caused, established by the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners.”

4.23. In the insured event report, based on the available documents, the insurance compensation is calculated and its amount is indicated. A copy of the insured event report is transferred by the insurer to the victim (beneficiary) upon his written request no later than three calendar days, excluding non-working holidays, from the date the insurer receives such a requirement (if the request is received after drawing up the insured event report) or no later than three calendar days , with the exception of non-working holidays, from the date of drawing up the report on the insured event (if a claim is received before drawing up the report on the insured event).

4.24. The victim has the right to demand from the insurer to make a part of the insurance compensation corresponding to the actually determined part of the specified damage, until the amount of damage to be compensated is fully determined. In this case, the insurer has the right to make part of the insurance compensation corresponding to the actually determined part of the specified damage.

4.25. If a disagreement arises between the insurer and the victim regarding the amount of damage to be compensated under the compulsory insurance contract, the insurer is in any case obliged to make an insurance payment in the part that is not disputed by it.

4.26. If insurance compensation, refusal of insurance compensation 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 making insurance compensation or part thereof 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 transferring it by bank transfer or by issuing a referral for repair of the damaged vehicle in accordance with paragraphs 4.17, 4.17.1 or 4.17.2 of these Rules.

4.28. In accordance with these Rules, damage caused as a result of:

circumstances of force majeure or intent of the victim;

exposure to a nuclear explosion, radiation or radioactive contamination;

military operations, as well as maneuvers or other military events;

civil war, civil unrest or strikes;

other circumstances that exempt the insurer from paying insurance compensation under a compulsory insurance contract on the basis of current legislation or these Rules.

Chapter 5. The procedure for resolving disputes regarding compulsory insurance and interaction between the victim, the insurer and the service station in the event of detection of deficiencies in restoration repairs

5.1. If there are disagreements between the victim and the insurer regarding the latter’s fulfillment of his obligations under the compulsory insurance contract before a claim is filed against the insurer arising from non-fulfillment or improper fulfillment of his obligations under the compulsory insurance contract, the victim’s disagreement with the amount of the insurance payment made by the insurer, or the service station’s failure to comply with the transfer deadline to the victim of a repaired vehicle, violation of other obligations for the restoration of the vehicle, the victim sends a claim to the insurer with documents attached substantiating the claim of the victim, which is subject to consideration by the insurer within the period established by Article 16.1 of the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners.”

The claim must be accompanied by documents that comply with the requirements of the legislation of the Russian Federation for their design and content, confirming the validity of the claims of the victim (conclusion of an independent technical examination, independent examination (assessment), etc.).

The claim must contain:

the name of the insurer to whom it is sent;

full name, address of location / surname, first name, patronymic (if any), place of residence or postal address of the victim (or other beneficiary), to which the response to the claim is sent if the insurer disagrees with the requirements;

requirements for the insurer with a description of the circumstances that served as the basis for filing a claim with references to the provisions of regulatory legal acts of the Russian Federation;

bank details of the victim (or other beneficiary), to which it is necessary to make an insurance payment if the insurer recognizes the claim as justified, or an indication of receiving funds from the insurer's cash desk;

last name, first name, patronymic (if any), position (if the claim is sent by a legal entity) of the person who signed the claim, his signature.

The victim, in the attachment to the claim, submits originals or duly certified copies of the following documents (if any of the documents listed below were not submitted to the insurer earlier when filing a claim for an insured event):

passport or other identification document of the applicant;

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;

a certificate of a traffic accident issued by the police authority responsible for road safety, a protocol and resolution of an administrative offense or a ruling refusing to initiate a case of an administrative offense. In case of registration of documents about a traffic accident without the participation of authorized police officers, a notification about the traffic accident is provided;

compulsory insurance policy for the victim (in the case of registration of documents about a traffic accident without the participation of authorized police officers), except in cases of filing a claim with the insurer that insured the civil liability of the victim.

The claim, at the choice of the policyholder, is handed over to the insurer against signature or sent to the insurer at the address of the location of the insurer or the insurer's representative by registered mail with a list of attachments, or transmitted in another way (including the exchange of information in electronic form and e-mail, the address of which is indicated on the official website of the insurer in Internet), indicating the date of its receipt.

5.2. Based on the results of consideration of the claim, the insurer is obliged to take one of the following actions:

make a payment to the victim (or other beneficiary) according to the details specified in the claim;

send a refusal to satisfy the claim.

The grounds for refusal to satisfy a claim are:

filing a claim by a person who is not a victim and has not provided a document confirming his authority (for example, a power of attorney);

failure to provide originals (duly certified copies) of documents substantiating the claims of the victim;

in case of receipt of payment by bank transfer, the claim does not contain an indication of the bank details of the victim (or other beneficiary);

failure to present the vehicle for inspection in accordance with paragraph three of clause 5.3 of these Rules;

other grounds provided for by the legislation of the Russian Federation.

The refusal to satisfy the claim is sent by the insurer to the address indicated by the victim in the claim.

5.3. If, when transferring a repaired vehicle to a victim, the victim has claims regarding the results of the restoration repairs carried out, the victim indicates this in the acceptance certificate of the repaired vehicle.

In the case provided for in paragraph one of this paragraph, as well as in the event that the victim identifies deficiencies in the restoration repair of the vehicle during the warranty period specified in the vehicle acceptance certificate, the victim submits a claim to the insurer in accordance with paragraph 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 is obliged to present the vehicle for inspection at the time and place of inspection agreed upon with the insurer. The insurer has the right to involve a representative of the service station that carried out the restoration of the vehicle in inspecting the injured vehicle.

During the inspection, a conclusion is made about the presence or absence of deficiencies in the restoration repair, about the completeness of the work performed, the presence or absence of a connection between the identified deficiencies and the consequences of the insured event and (or) the restoration repair of the vehicle carried out by the technical service station, about the technical feasibility of eliminating the identified deficiencies in the restoration repair. The results of the inspection are reflected in the inspection report, which makes a conclusion about the possibility or impossibility of eliminating deficiencies in the restoration of the vehicle by carrying out repeated repairs, or about the absence of deficiencies.

The inspection report is drawn up on the day of the inspection in triplicate and handed over to the representative of the service station, the insurer’s representative and the victim against signature. If the inspection report contains a conclusion about the possibility of eliminating the defects in the restoration repair by carrying out repeated repairs, along with such an act the victim is given a referral for repairs to eliminate the deficiencies in the restoration repair of the vehicle, unless an agreement concluded in writing between the insurer and the victim chooses another method of elimination. the indicated shortcomings. If the inspection report contains a conclusion that it is impossible to eliminate the defects of the restoration repair by carrying out repeated repairs, the elimination of the defects of the restoration repair is carried out in accordance with paragraph three of paragraph 15 of Article 12 of the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners”.

Chapter 6. Requirements for organizing the restoration of a damaged vehicle

6.1. The deadline for carrying out restorative repairs of a damaged vehicle is 30 working days from the date the victim presents such a vehicle to a service station or transfers such a vehicle to the insurer to organize its transportation to the place of restorative repairs.

The expiration date for the restoration repair is the date the victim signs the acceptance certificate for the repaired vehicle, drawn up in triplicate by the service station or the insurer in the case of organizing transportation of the vehicle to the place of restoration repair. One copy of the signed acceptance certificate for the repaired vehicle is given to the victim, one copy each to the insurer and the service station.

6.2. The maximum length of the route laid on public roads, at the choice of the victim, from the place of the traffic accident or the victim’s place of residence to the service station cannot exceed 50 kilometers, except if the insurer organized and (or) paid for the transportation of the damaged vehicle to restoration sites and back.

In the event that the insurer organizes and (or) pays for the transportation of a damaged vehicle, the maximum route length specified in paragraph one of this paragraph is calculated to the place where such a vehicle is transferred to the insurer.

6.3. Restoration repairs of a vehicle less than two years have passed since the year of manufacture must be carried out by a service station that is a legal entity or individual entrepreneur registered on the territory of the Russian Federation and providing servicing of such vehicles on its own behalf and at its own expense in accordance with the contract , concluded with the manufacturer and (or) importer (distributor) of vehicles of certain brands.

Since March 22, 2017, the law on compulsory motor liability insurance has changed and has been working in a new way for a year now. What has changed in the operation of this law on compulsory motor liability insurance and what innovations await car owners in 2018? Let's try to figure it out. Let’s say right away that the law on compulsory motor liability insurance will begin to work in a new way for motorists from the very beginning of 2019, including thanks to the fresh Resolution of the Supreme Court of the Russian Federation, which clarified such controversial issues as payment for wear and tear of parts during repairs by the insurer and the opportunity to receive money instead of repairs. But we will talk about this later in this article.

Repair instead of payment of funds under compulsory motor liability insurance

Replacing money with repairs at service stations is perhaps the most anticipated change in the law on compulsory motor liability insurance, which completely rewrote the entire procedure for interaction between motorists and insurance companies. Currently, the law on replacing cash insurance payment with repairs at a service station only applies to policies that were received after April 28, 2017.

So, under the new MTPL insurance, the injured driver who was involved in an accident and applied to his insurance company with a MTPL policy, after completing the documents and inspecting the car, is now given a referral to have the car repaired at a service station. Moreover, it is not the motorist himself who chooses the service station, since it is the insurance company that can limit the choice to a few (friendly) service stations when the driver issues a policy. It is clear that in this way the legislator protected insurance companies from a possible attempt by a motorist to negotiate with his friendly car service center to repair the car with a subsequent monetary “kickback” of part of the insurance payment. Friendly services will now only be provided by insurance companies!

At the end of 2017, car dealers lobbied for amendments to the law on compulsory motor liability insurance, which they wanted to oblige car owners to carry out compulsory motor liability insurance repairs on new cars up to 2 years old exclusively at dealer car centers. This amendment was accepted. However, if the obligation to repair under MTPL is approved at a dealer’s service station, the cost of such repairs will not always be covered by MTPL insurance, since the prices for repair work from the dealer are always higher than the market average. In this case, you can get money instead of repairs.

Replacing cash payments under compulsory motor liability insurance with repair work at a service station also has its advantages. For example, wear and tear of a vehicle during compulsory repairs under compulsory motor liability insurance will no longer be taken into account by the insurance company. In order to push for forced repairs, insurers even agreed to take such a step in favor of motorists. Repairs without taking into account wear and tear under OSAGO will, of course, be positively received by motorists. But in 2019, it is still not so easy to repair a car at an insurer’s service station without taking into account wear and tear.

Replacing the cash payment of compulsory motor liability insurance with forced repairs will also make it possible to cut off from this controversial market auto lawyers, resellers of debts under compulsory motor liability insurance, of which there are more and more people in the country every year. Starting from 2019, auto lawyers and road accident lawyers will be more involved in cases of compulsory motor liability insurance claims in terms of recovery of damages, moral damages and a 50% fine in case of poor-quality or incomplete car repairs.

The quality of the repair work of our car services raises big questions and complaints, so motorists, of course, will use the Law “On the Protection of Consumer Rights” to their advantage and nitpick check the completeness and quality of the repairs carried out within the framework of compulsory motor liability insurance, and if there are errors in the repairs, they will be able compensate for your damage and quite rightly make good money from the insured event. Currently, there are not many legal disputes between car owners and car repair shops regarding the quality of the repairs performed by the plaintiff after he received an insurance payment. And this is quite understandable. Today, the overwhelming majority of citizens who have received money under compulsory motor liability insurance from an insurance company or an intermediary car lawyer deliberately turn to a cheap car service center with only one goal - to make inexpensive car repairs, in which at least some margin remains from the money received under compulsory motor liability insurance.

With the replacement of cash payments under SOAGO with repairs at the insurer's service station, everything, of course, will change, and the courts will face an influx of plaintiffs demanding compensation for damage due to poor-quality repairs of their cars. Since the beginning of 2019, a surge in such claims from motorists has already been noticeable.

Repairs in lieu of money under compulsory motor liability insurance have a number of exceptions. In some cases, a citizen may receive a cash payment and refuse to have the car repaired at a service station. Let's look at these cases:

• As a result of the accident, the car was completely destroyed and there was nothing left to repair (total loss);
• If the cost of repair work and spare parts is higher than the amount of the expected insurance payment (for example, the standard 400 thousand rubles or the difference in wear of parts) and the car owner does not want to pay the amount of money missing for repairs;
• If the insurance company is unable, for some reason, to organize car repairs at the service station that the citizen initially chose when concluding an insurance contract from the service stations offered by the insurance company;
• The insurance company cannot and does not have time to organize repair work in accordance with the requirements of the rules of the Bank of Russia (for example, it does not have time to organize car repairs within 30 days after the client contacts the insurance company);
• The car owner does not want to do repairs at a service station, but wants to get money, and a special commission of the RSA, having considered the application of this citizen, met him halfway, for example, because of his difficult financial situation;
• The insurance company and the car owner came to a written agreement to pay money instead of repairs under compulsory motor liability insurance, and the citizen agrees with the proposed (of course, significantly underestimated) amount of money, which, in his opinion, is enough to repair the car himself.

A positive aspect of the new changes in the MTPL market in the form of replacing the payment of money with car repairs can be a gradual forced improvement in the quality of work of car services, in order to avoid a subsequent repair dispute with the car owner regarding the quality of the work done. However, how this will affect the price of such repairs, including how the lack of competition for compulsory repair work under compulsory motor liability insurance will affect the cost of repairs - time will tell. Perhaps the MTPL changes in 2019 will finally be useful for car owners, and not just for insurance companies.

Latest MTPL news 2019

Get acquainted with the practice of working in 2019 with the updated law on compulsory motor liability insurance on replacing cash payments with forced repairs at service stations. When can I get money instead of repairs and do I have to pay for wear and tear of parts during repairs, as the insurer may require?

Electronic OSAGO policy

So, another change in MTPL - from January 1, 2017, amendments to the MTPL law came into force in Russia, and now all insurance companies, without exception, are required to issue electronic MTPL policies and conclude MTPL contracts via the Internet in electronic form with anyone who applies. network by the client.

Now, after a client submits an application for concluding an insurance contract via the Internet, the insurance company sends an MTPL insurance policy to the client’s email address and places a copy of the MTPL policy in the client’s personal account on the website, which the user can download at any time. After issuing an electronic MTPL policy, you can print it out and carry it with you in the car, or, if you don’t trust modern technologies, you can contact the insurance company and get the usual paper form of the MTPL insurance policy issued online.

Undoubtedly, the issuance of MTPL policies by insurance companies will be able to eliminate the violation of the rights of citizens due to the imposition of additional services by unscrupulous insurance companies when drawing up insurance contracts. As you know, almost all insurance companies throughout 2017 were clever and came up with all sorts of ways to impose additional services on their clients. In order to obtain an MTPL policy without additionally imposed services from insurance companies, citizens in 2017 had to stand in large queues artificially created by insurers in their offices or wait for the appearance of supposedly scarce MTPL policy forms. In 2019, these obstacles on the part of insurance companies in drawing up MTPL contracts will become a thing of the past, including thanks to the new change under consideration and the emergence of the opportunity to obtain a MTPL policy via the Internet. Since the beginning of the year, it can be stated that in 2019, issuing policies via the Internet has become even more popular among motorists.

It is worth noting that in 2017, an experiment in issuing electronic MTPL insurance policies was carried out in several regions of the Russian Federation, including the Rostov region. Reluctantly and with difficulty, insurance companies established this electronic service in experimental regions, as a result of which several tens of thousands of electronic MTPL insurance policies were issued to clients over six months. However, last year, insurance companies were not required to issue electronic MTPL insurance policies, and they mastered this procedure on a voluntary basis as an experiment. Since January 1, 2019, the issuance of electronic MTPL insurance policies has become an obligation for insurers, for violation of which they face a hefty fine and revocation of their license. These 2019 MTPL changes will definitely benefit motorists.

Lawyer - auto lawyer Gennady Efremov