OSAGO law in the latest edition. Law of the Russian Federation on OSAGO - conditions and procedure 40 fz sum insured
Active Edition from 07.05.2013
| Document name | FEDERAL LAW No. 40-FZ of April 25, 2002 (as amended on May 7, 2013, as amended on May 8, 2013) "ON COMPULSORY CIVIL LIABILITY INSURANCE OF VEHICLE OWNERS" |
| Type of document | law |
| Host body | president of the rf, cd rf, sf rf |
| Document Number | 40-FZ |
| Acceptance date | 07.05.2002 |
| Revision date | 07.05.2013 |
| Date of registration in the Ministry of Justice | 01.01.1970 |
| Status | valid |
| Publication |
|
| Navigator | Notes |
FEDERAL LAW No. 40-FZ of April 25, 2002 (as amended on May 7, 2013, as amended on May 8, 2013) "ON COMPULSORY CIVIL LIABILITY INSURANCE OF VEHICLE OWNERS"
In order to protect the rights of victims to compensation for harm caused to their life, health or property during the use of Vehicle other persons, this Federal Law determines the legal, economic and organizational bases for compulsory insurance of civil liability of vehicle owners (hereinafter referred to as compulsory insurance).
place of residence (location) of the victim - the place of residence of a citizen determined in accordance with civil law or the location of a legal entity recognized as victims;
contract of compulsory insurance of civil liability of vehicle owners (hereinafter referred to as the contract of compulsory insurance) - an insurance contract under which the insurer undertakes to pay a fee (insurance premium) stipulated by the contract upon the occurrence of an event provided for in the contract ( insured event) compensate the victims for the harm caused to their life, health or property as a result of this event (make an insurance payment) within the amount specified by the contract (sum insured). The compulsory insurance contract is concluded in the manner and on the terms provided for by this Federal Law, and is public;
policyholder - a person who has concluded a contract of compulsory insurance with the insurer;
insurer - insurance organization, which has the right to carry out compulsory insurance of civil liability of vehicle owners in accordance with the permit (license) issued by federal agency executive authority for supervision of insurance activities in accordance with the legislation Russian Federation okay;
Insured event - the onset of civil liability of the owner of the vehicle for causing harm to life, health or property of the victims when using the vehicle, entailing, in accordance with the contract of compulsory insurance, the obligation of the insurer to make an insurance payment;
insurance rates- price rates established in accordance with this Federal Law, applied by insurers when determining the insurance premium under a compulsory insurance contract and consisting of base rates and coefficients;
Compensation payments - payments that are made in accordance with this Federal Law in cases where the insurance payment for compulsory insurance cannot be carried out;
representative of the insurer in the constituent entity of the Russian Federation (hereinafter referred to as the representative of the insurer) - separate subdivision an insurer (branch) in a constituent entity of the Russian Federation, exercising, within the limits provided for by civil law, the powers of the insurer to consider the claims of victims for insurance payments and their implementation, or another insurer exercising these powers at the expense of the insurer that has entered into a compulsory insurance contract on the basis of an agreement with the insurer;
Direct compensation for losses - compensation for damage to the property of the victim, carried out in accordance with this Federal Law by the insurer who insured the civil liability of the victim - the owner of the vehicle.
1. The legislation of the Russian Federation on compulsory insurance of civil liability of vehicle owners consists of the Civil Code of the Russian Federation, this federal law, other federal laws and other normative legal acts of the Russian Federation issued in accordance with them.
2. If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, the rules of the international treaty shall apply.
The main principles of compulsory insurance are:
a guarantee of compensation for harm caused to the life, health or property of victims, within the limits established by this Federal Law;
universality and mandatory civil liability insurance by vehicle owners;
the inadmissibility of using vehicles on the territory of the Russian Federation, the owners of which have not fulfilled the obligation established by this Federal Law to insure their civil liability;
economic interest of vehicle owners in improving road safety.
Chapter II. Conditions and procedure for the implementation of compulsory insurance1. Vehicle owners are obliged, on the terms and in the manner established by this Federal Law and in accordance with it, to insure the risk of their civil liability, which may arise as a result of harm to life, health or property of other persons when using vehicles.
The obligation to insure civil liability extends to the owners of all vehicles used on the territory of the Russian Federation, except for the cases provided for in paragraphs 3 and 4 of this article.
2. If the right to own a vehicle arises (acquisition of it in ownership, receipt in economic management or operational management, etc.), the owner of the vehicle is obliged to insure his civil liability before registering the vehicle, but no later than ten days after the right to own it arises .
3. The liability insurance obligation does not apply to owners of:
a) vehicles with a maximum design speed of not more than 20 kilometers per hour;
b) vehicles that, according to their technical characteristics, are not subject to the provisions of the legislation of the Russian Federation on the admission of vehicles to participate in road traffic on the territory of the Russian Federation;
c) vehicles of the Armed Forces of the Russian Federation, other troops, military formations and bodies, which provide for military service, with the exception of buses, cars and trailers for them, other vehicles used to ensure economic activity the Armed Forces of the Russian Federation, other troops, military formations and bodies;
(As amended by Federal Law No. 77-FZ of June 23, 2003)
D) vehicles registered in foreign countries, if the civil liability of the owners of such vehicles is insured under international systems civil liability insurance of vehicle owners, of which the professional association insurers acting in accordance with this Federal Law (hereinafter referred to as international insurance systems);
D) trailers for cars owned by citizens.
4. The obligation to insure civil liability does not apply to the owner of a vehicle whose liability risk is insured in accordance with this Federal Law by another person (insured).
5. Vehicle owners who have insured their civil liability in accordance with this Federal Law may additionally voluntarily carry out insurance in case of insufficient insurance payment under compulsory insurance to fully compensate for harm caused to the life, health or property of the victims, as well as in the event of an accident. liability not related to insurance risk on compulsory insurance (Article 6 of this Federal Law).
6. Owners of vehicles whose liability risk is not insured in the form of compulsory and (or) voluntary insurance compensate for the harm caused to the life, health or property of the victims, in accordance with civil law.
Persons who have violated the requirements established by this Federal Law for compulsory insurance of civil liability of vehicle owners shall be liable in accordance with the legislation of the Russian Federation.
1. The procedure for exercising the rights and obligations of the parties under a compulsory insurance contract determined by this Federal Law and other federal laws is established by the Government of the Russian Federation in the rules of compulsory insurance.
2. The rules of compulsory insurance, along with other provisions, include the following provisions:
A) the procedure for concluding, amending, prolonging, early termination of a compulsory insurance contract;
b) the procedure for paying the insurance premium;
c) a list of actions of persons in the implementation of compulsory insurance, including in the event of an insured event;
d) the procedure for determining the amount of losses subject to compensation and making insurance payments;
e) the procedure for resolving disputes on compulsory insurance.
3. The rules of compulsory insurance may also contain provisions of this Federal Law and other federal laws that determine the terms of a contract of compulsory insurance.
1. The object of compulsory insurance is property interests associated with the risk of civil liability of the owner of the vehicle for obligations arising as a result of causing harm to the life, health or property of the victims when using the vehicle on the territory of the Russian Federation.
2. The insured risk under compulsory insurance includes the onset of civil liability for the obligations specified in paragraph 1 of this article, except for cases of liability arising due to:
a) causing harm when using a vehicle other than the one specified in the compulsory insurance contract;
b) infliction of non-pecuniary damage or the emergence of an obligation to compensate for lost profits;
c) causing harm when using vehicles during competitions, tests or training driving in specially designated areas;
d) environmental pollution;
e) damage caused by the impact of the transported cargo, if the risk of such liability is subject to compulsory insurance in accordance with the law on the relevant type of compulsory insurance;
f) infliction of harm to the life or health of employees in the performance of their labor duties, if this harm is subject to compensation in accordance with the law on the relevant type of compulsory insurance or compulsory social insurance;
g) obligations to compensate the employer for losses caused by causing harm to the employee;
h) causing damage by the driver to the vehicle he drives and the trailer to it, the cargo they carry, the equipment installed on them and other property;
i) causing damage when loading cargo onto a vehicle or unloading it;
j) damage or destruction of antique and other unique items, buildings and structures of historical and cultural significance, products from precious metals and precious and semi-precious stones, cash, valuable papers, items of a religious nature, as well as works of science, literature and art, other objects of intellectual property;
k) the obligation of the owner of the vehicle to compensate for damage in excess of the amount of liability provided for by the rules of Chapter 59 (in the event that a higher amount of liability is established by federal law or an agreement).
l) causing harm to life, health, property of passengers during their transportation, if this harm is subject to compensation in accordance with the legislation of the Russian Federation on compulsory insurance of the carrier's civil liability for causing harm to life, health, property of passengers.
In the event of civil liability of vehicle owners in the cases specified in this paragraph, the damage caused is subject to compensation by them in accordance with the legislation of the Russian Federation.
The sum insured, within the limits of which the insurer, upon the occurrence of each insured event (regardless of their number during the term of the compulsory insurance contract), undertakes to compensate the injured for the harm caused, is:
a) in terms of compensation for harm caused to the life or health of each victim, not more than 160 thousand rubles;
B) in terms of compensation for damage caused to the property of several victims, no more than 160 thousand rubles;
c) in terms of compensation for damage caused to the property of one victim, not more than 120 thousand rubles.
1. State regulation insurance tariffs is carried out by establishing, in accordance with this Federal Law, economically justified insurance tariffs or their maximum levels, as well as the structure of insurance tariffs and the procedure for their application by insurers when determining the insurance premium under a compulsory insurance contract.
2. Insurance tariffs for compulsory insurance (their maximum levels), the structure of insurance tariffs and the procedure for their application by insurers when determining the insurance premium under a compulsory insurance contract, with the exception of insurance tariffs (their maximum levels), the structure of insurance tariffs and the procedure for their application by insurers when determining insurance premiums within the framework of international insurance systems are established by the Government of the Russian Federation in accordance with this Federal Law.
At the same time, the share of the insurance premium used in the calculation of insurance rates and directly intended for making insurance and compensation payments to victims cannot be less than 80 percent of the insurance premium.
3. The period of validity of the established insurance rates may not be less than six months.
A change in insurance rates does not entail a change in the insurance premium under a compulsory insurance contract during its validity period, paid by the insured at the insurance rates in force at the time of payment.
4. Full or partial compensation certain categories policyholders of insurance premiums paid by them by increasing insurance premiums for other categories of policyholders are not allowed.
5. Annual statistical data on compulsory insurance are subject to official publication by the federal executive body for supervision of insurance activity.
1. Insurance rates consist of base rates and coefficients. Insurance premiums under compulsory insurance contracts are calculated as the product of base rates and insurance rate coefficients.
The basic rates of insurance rates are set depending on the technical characteristics, design features and purpose of vehicles, which significantly affect the likelihood of harm during their use and the potential amount of harm caused.
2. The coefficients included in the insurance tariffs are established depending on:
a) the territory of primary use of the vehicle, which is determined for individuals based on the place of residence of the owner of the vehicle, indicated in the vehicle passport or vehicle registration certificate or in the citizen's passport, for legal entities - at the place of registration of the vehicle;
b) the presence or absence of insurance payments made by insurers in previous periods in the implementation of compulsory civil liability insurance of the owners of this vehicle, and in the case of compulsory insurance with limited use of the vehicle, which provides for driving the vehicle only by drivers indicated by the insured, the presence or absence of insurance payments, produced by insurers in previous periods in the implementation of compulsory insurance of civil liability of each of these drivers;
c) technical characteristics of vehicles;
d) seasonal use of vehicles;
e) other circumstances significantly influencing the amount of insured risk.
2.1. For cases of compulsory insurance of civil liability of citizens using vehicles belonging to them, insurance rates also establish coefficients that take into account whether the contract of compulsory insurance provides for the condition that only the drivers specified by the insured are allowed to drive the vehicle, and, if such a condition is provided, their driving experience, age.
3. In addition to the coefficients established in accordance with paragraph 2 of this article, insurance rates provide for coefficients that are applied in the compulsory insurance of civil liability of vehicle owners:
knowingly provided the insurer with false information about the circumstances requested by him that affect the insurance premium under the compulsory insurance contract, which entailed its payment in a smaller amount compared to the amount that would have been paid if the vehicle owners had provided reliable information;
deliberately contributed to the occurrence of an insured event or an increase in losses associated with it, or knowingly distorted the circumstances of the occurrence of an insured event in order to increase the insurance payment;
caused harm under the circumstances that were the basis for the presentation of a recourse claim (of this Federal Law).
The coefficients specified in this paragraph are applied by insurers when concluding or extending a compulsory insurance contract for a year following the period in which the insurer became aware of the commission of actions (inaction) provided for in this paragraph.
4. The maximum insurance premium under a compulsory insurance contract may not exceed three times the base rate of insurance rates adjusted for the area of primary use of the vehicle, and when applying the coefficients established in accordance with paragraph 3 of this article, its five times.
5. Insurance rates may additionally provide base rates and coefficients used by insurers in the implementation of compulsory insurance of civil liability of owners of vehicles registered in foreign countries and temporarily used on the territory of the Russian Federation.
6. The insurance rates established in accordance with this Federal Law are mandatory for use by insurers. Insurers are not entitled to apply rates and (or) coefficients other than those established by insurance rates.
1. The term of the contract of compulsory insurance is one year, except for cases for which this article provides for other periods of validity of such a contract.
Paragraph 2 - Repealed.
2. Owners of vehicles registered in foreign states and temporarily used on the territory of the Russian Federation conclude compulsory insurance contracts for the entire period of temporary use of such vehicles, but not less than 5 days.
(as amended by Federal Law No. 306-FZ of December 1, 2007)
3. The owner of a vehicle has the right to conclude a compulsory insurance contract for a period not exceeding 20 days in the absence of the documents specified in subparagraph "e" of paragraph 3 of Article 15 of this Federal Law, in the event of:
a) the acquisition of a vehicle (purchase, inheritance, acceptance as a gift, etc.) in order to proceed to the place of registration of the vehicle. At the same time, the owner of the vehicle, prior to its registration, is obliged to conclude a compulsory insurance contract for one year in accordance with the provisions of paragraph 1 of this article;
b) proceeding to the place of technical inspection of the vehicle, repeated technical inspection of the vehicle.
1. If the insured is a participant in a road traffic accident, he is obliged to inform other participants in the said accident, at their request, of information about the compulsory insurance contract under which the civil liability of the owners of this vehicle is insured.
The obligation stipulated by this paragraph shall also be imposed on the driver driving the vehicle in the absence of the policyholder.
2. The insurer shall be obliged to inform the insurer of cases of damage caused when using the vehicle, which may entail the civil liability of the insured, within the period established by the compulsory insurance contract and in the manner specified by this contract.
At the same time, the insured, before satisfying the claims of the victims for compensation for the harm caused to them, must warn the insurer about this and act in accordance with his instructions, and if a claim is brought against the insured, involve the insurer in the case. Otherwise, the insurer has the right to put forward objections to the claim for insurance payment, which he had in relation to claims for compensation for the harm caused.
3. If the victim intends to exercise his right to an insurance benefit, he is obliged to notify the insurer of the occurrence of the insured event as soon as possible.
4. The provisions of this Federal Law relating to victims shall also apply to persons who have suffered damage as a result of the death of a breadwinner, heirs of victims and other persons who, in accordance with civil law, are entitled to compensation for harm caused to them when using vehicles by other persons.
5. In order to resolve the issue of making an insurance payment, the insurer accepts documents on a traffic accident drawn up by authorized police officers, except for the case provided for in paragraph 8 of this article.
6. Registration of documents on a road traffic accident may be carried out in the presence of the insurer or the representative of the insurer who arrived at the request of the participant in the road traffic accident.
7. Drivers of vehicles involved in a road traffic accident fill in the traffic accident notification forms issued by the insurers. Drivers notify policyholders about the traffic accident and fill in the forms of such notices.
8. Without the participation of authorized police officers, the execution of documents on a traffic accident can be carried out in the manner determined by the Government of the Russian Federation, if the following circumstances exist simultaneously:
B) a traffic accident has occurred with the participation of two vehicles, the civil liability of the owners of which is insured in accordance with this Federal Law;
c) the circumstances of causing damage in connection with damage to property as a result of a traffic accident, the nature and list of visible damage to vehicles do not cause disagreement between the participants in the traffic accident and are recorded in the notices of the traffic accident, the forms of which are filled out by the drivers involved in the traffic accident. traffic accident of vehicles in accordance with the rules of compulsory insurance.
9. In the case of drawing up documents on a traffic accident without the participation of authorized police officers, the completed traffic accident notification forms, together with the victim's application for insurance payment, are sent to the insurer to determine the amount of losses subject to compensation.
The insurer has the right to appoint an independent examination of the vehicles involved in the road traffic accident in case of discrepancies regarding the nature and list of visible damage to the vehicles and (or) the circumstances of causing harm in connection with damage to property as a result of the road traffic accident, recorded in the submitted traffic accident notices.
10. In the event that documents on a traffic accident are drawn up without the participation of authorized police officers, the amount of insurance payment due to the victim in compensation for damage caused to his property cannot exceed 25 thousand rubles.
11. The victim who received the insurance payment on the basis of paragraphs 8-10 of this article shall not be entitled to present to the insurer Additional requirements on compensation for damage caused to his property as a result of such a traffic accident.
The victim has the right to apply to the insurer that insured the civil liability of the person who caused the harm, for compensation for harm caused to life or health, which arose after the presentation of the claim for insurance payment and which the victim did not know at the time of the presentation of the claim.
1. The amount of insurance payment due to the victim in compensation for harm caused to his health is calculated by the insurer in accordance with the rules of Chapter 59
The amount of insurance payment for causing harm to the life of the victim is:
135 thousand rubles - to persons entitled, in accordance with civil law, to compensation for harm in the event of the death of the victim (breadwinner);
No more than 25 thousand rubles for reimbursement of burial expenses - to persons who have incurred these expenses.
1.1. The victim is obliged to provide the insurer with all documents and evidence, as well as provide all known information confirming the amount and nature of the harm caused to the life or health of the victim.
2. When damage is caused to property, the victim, who intends to exercise his right to an insurance payment, is obliged to present the damaged property or its remains to the insurer for inspection and (or) organization of an independent examination (assessment) in order to clarify the circumstances of the damage and determine the amount of losses subject to compensation.
If the inspection and (or) an independent examination (assessment) of the damaged property or its remains presented by the victim does not allow to reliably establish the existence of an insured event and the amount of losses subject to compensation under the compulsory insurance contract, in order to clarify these circumstances, the insurer has the right to inspect the vehicle of the insured, when using which the victim was harmed, and (or) at his own expense, he has the right to organize and pay for an independent examination in relation to this vehicle. The policyholder is obliged to provide this vehicle at the request of the insurer.
2.1. The amount of damages subject to compensation in case of damage to the property of the victim is determined by:
a) in case of complete loss of the property of the victim - in the amount of real value property on the day of the insured event. Total loss is understood as cases where repair of damaged property is impossible or the cost of repairing damaged property is equal to its value or exceeds its value as of the date of occurrence of the insured event;
b) 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.
2.2. The expenses specified in paragraph 2.1 of this article also include the expenses for materials and spare parts necessary for the restoration repair, the expenses for payment for work related to such repairs. The amount of expenses for materials and spare parts is determined taking into account the wear and tear of components (parts, assemblies and assemblies) to be replaced during restoration repairs, in the manner established by the Government of the Russian Federation. At the same time, depreciation of more than 80 percent of their value cannot be charged on the specified components (parts, assemblies and assemblies).
3. The insurer is obliged to inspect the damaged property and (or) organize its independent examination (assessment) within a period of not more than five working days from the date of the relevant application of the victim, unless another period is agreed by the insurer with the victim.
If the nature of the damage or the characteristics of the damaged property exclude its submission for inspection and organization of an independent examination (assessment) at the location of the insurer and (or) the expert (for example, damage to the vehicle, excluding its participation in road traffic), the specified inspection and independent examination (assessment) is carried out at the location of the damaged property within the period established by this paragraph.
The compulsory insurance contract may provide for other periods during which the insurer is obliged to arrive to inspect and (or) organize an independent examination (evaluation) of damaged property, taking into account the territorial features of their implementation in hard-to-reach, remote or sparsely populated areas. If, based on the results of the inspection of the damaged property by the insurer, the insurer and the victim have reached an agreement on the amount of the insurance payment and do not insist on organizing an independent examination (valuation) of the damaged property, such an examination may not be carried out.
(as amended by Federal Law No. 306-FZ of December 1, 2007)
4. If, after inspection of the damaged property by the insurer, the insurer and the victim have not reached an agreement on the amount of the insurance payment, the insurer is obliged to organize an independent examination (assessment), and the victim - to provide the damaged property for an independent examination (assessment).
If the insurer has not examined the damaged property and (or) has not organized its independent examination (assessment) within the period established by paragraph 3 of this article, the victim has the right to apply independently for such an examination (assessment), without presenting the damaged property to the insurer for inspection.
5. The cost of an independent examination (assessment), on the basis of which an insurance payment was made, is included in the composition of losses subject to compensation by the insurer under a compulsory insurance contract.
6. The insurer has the right to refuse to the victim in the insurance payment or part of it, if the repair of the damaged property or disposal of its remains, carried out before the inspection and (or) independent examination (valuation) of the damaged property in accordance with the requirements of this article, does not allow to reliably establish the existence of an insured event and the amount of losses subject to compensation under the compulsory insurance contract.
7. In order to clarify the circumstances of the occurrence of an insured event, establish damage to the vehicle and their causes, technology, methods and cost of its repair, an independent technical examination of the vehicle is carried out.
Rules for conducting an independent technical examination of a vehicle, requirements for expert technicians, including the conditions and procedure for their professional attestation and maintaining state register expert technicians are approved by the federal executive body authorized by the Government of the Russian Federation.
1. The victim has the right to present directly to the insurer a claim for compensation for harm caused to his life, health or property, within the sum insured. An application of the victim, containing a claim for an insurance payment, with documents attached to it on the occurrence of an insured event and the amount of damage to be compensated, is sent to the insurer at the location of the insurer or its representative authorized by the insurer to consider the specified claims of the victim and make insurance payments.
The location and postal address of the insurer, as well as all its representatives in the constituent entities of the Russian Federation, means of communication with them and information about their working hours must be indicated in the insurance policy.
2. The insurer considers the application of the victim for insurance payment and the documents attached to it provided for by the rules of compulsory insurance within 30 days from the date of their receipt. Within the specified period, the insurer is obliged to make an insurance payment to the victim or send him reasoned refusal in such payment.
In case of failure to fulfill this obligation, the insurer shall pay to the victim a penalty (penalty) in the amount of one seventy-fifth of the refinancing rate for each day of delay. Central Bank of the Russian Federation, effective on the day when the insurer was supposed to fulfill this obligation, from the sum insured established by this Federal Law according to the type of compensation for harm to each victim.
The amount of the forfeit (fine) payable to the victim may not exceed the amount of the sum insured by the type of compensation for harm to each victim, established by this Federal Law.
Until the full determination of the amount of the damage to be compensated, the insurer, at the request of the victim, has the right to make a part of the insurance payment corresponding to the actually determined part of the specified damage.
By agreement with the victim and on the terms stipulated by the compulsory insurance contract, the insurer shall have the right to organize and pay for the repair of damaged property on account of the insurance payment.
3. When several victims apply in case of harm to their life or health as a result of one insured event insurance payments must be produced taking into account the requirements of Article 12 of this Federal Law.
If the amount of claims presented by several victims to the insurer on the day of the first insurance payment for compensation for damage caused to property in this insured event exceeds the insurance amount established by this Federal Law, insurance payments are made in proportion to the ratio of this insurance amount to the amount of the specified claims of the victims (subject to the restrictions of insurance payments in terms of compensation for damage caused to the property of one victim, in accordance with Article 7 of this Federal Law).
4. The insurer shall be released from the obligation to make an insurance payment in cases stipulated by the law and (or) the contract of compulsory insurance.
1. The insurer has the right to present a recourse claim against the person who caused the harm in the amount of the insurance payment made by the insurer, if:
as a result of the intent of the specified person, harm was caused to the life or health of the victim;
the harm was caused by the specified person while driving while intoxicated (alcoholic, narcotic or otherwise);
the specified person did not have the right to drive the vehicle, during the use of which they were harmed;
the said person fled the scene of the traffic accident;
the specified person is not included in the compulsory insurance contract as a person admitted to driving a vehicle (when concluding a compulsory insurance contract with the condition that the vehicle is used only by the drivers specified in the compulsory insurance contract);
the insured event occurred when the specified person used the vehicle in the period not provided for by the compulsory insurance contract (when concluding a compulsory insurance contract with the condition that the vehicle was used during the period provided for by the compulsory insurance contract);
at the time of the insured event, the validity period of the diagnostic card containing information about the compliance of the vehicle with the mandatory safety requirements of vehicles, passenger taxis, buses or truck, designed and equipped for the transport of people, with more than eight seats (except for the driver's seat), a specialized vehicle designed and equipped for the transport of dangerous goods.
Part two - Lost power.
(As amended by Federal Law No. 170-FZ of July 1, 2011)
2. The insurer has the right to submit a recourse claim in the amount of the insurance payment made to the technical inspection operator that issued the diagnostic card containing information about the vehicle's compliance with the mandatory vehicle safety requirements, if the insured event occurred due to a malfunction of the vehicle and such a malfunction was detected at the time of carrying out this by the technical inspection operator, but information about it was not included in the diagnostic card.
3. The insurer has the right to demand from the persons specified in paragraphs 1 and 2 of this article, reimbursement of expenses incurred during the consideration of the insured event.
1. The victim has the right to present a claim for compensation for damage caused to his property directly to the insurer who insured the civil liability of the victim, if the following circumstances exist simultaneously:
a) as a result of a traffic accident, damage was caused only to property;
B) a traffic accident has occurred with the participation of two vehicles, the civil liability of the owners of which is insured in accordance with this Federal Law.
2. The insurer that has insured the civil liability of the victim shall assess the circumstances of the traffic accident set out in the notice of the traffic accident and, on the basis of the submitted documents, compensate the victim at his request for damages in accordance with the rules of compulsory insurance.
3. The exercise of the right to direct compensation for losses does not restrict the right of the victim to apply to the insurer that insured the civil liability of the person who caused the harm, for compensation for harm caused to life or health, which arose after the presentation of a claim for insurance payment and which the victim did not know at the time making a claim.
4. The insurer that has insured the civil liability of the victim shall compensate for the damage caused to the property of the victim in the amount of the insurance payment on behalf of the insurer that has insured the civil liability of the person who caused the harm (carries out direct compensation for losses), in accordance with the agreement on direct compensation for losses ( of this Federal Law) subject to the provisions of this article.
5. The insurer that has made direct compensation for losses shall have the right to claim in the amount of the insurance payment against the insurer that has insured the civil liability of the person who caused harm, or against the person who caused harm in the cases provided for by this Federal Law.
6. The insurer that has insured the civil liability of the person who caused the harm is obliged to compensate the insurer that made direct compensation for losses on account of the insurance payment under the compulsory insurance contract, indemnified by it to the injured person in accordance with the agreement on direct compensation for losses (of this Federal Law).
1. Compulsory insurance is carried out by vehicle owners by concluding compulsory insurance contracts with insurers, which indicate vehicles whose owners' civil liability is insured.
2. The compulsory insurance contract is concluded in relation to the owner of the vehicle, the persons indicated by him in the compulsory insurance contract, or in relation to an unlimited number of persons admitted by the owner to drive the vehicle in accordance with the terms of the compulsory insurance contract, as well as other persons using the vehicle legally.
3. To conclude a compulsory insurance contract, the insured shall submit the following documents to the insurer:
a) an application for the conclusion of a compulsory insurance contract;
b) passport or other identification document (if the insured is an individual);
B) certificate of state registration legal entity (if the policyholder is entity);
d) vehicle registration document issued by the vehicle registration authority (vehicle passport, vehicle registration certificate, technical certificate or technical certificate or similar documents);
e) a driver's license or a copy of the driver's license of a person authorized to drive a vehicle (if the compulsory insurance contract is concluded on the condition that only certain persons are allowed to drive the vehicle);
E) diagnostic card containing information on the compliance of the vehicle with the mandatory safety requirements of vehicles (except if, in accordance with the legislation in the field of technical inspection of vehicles, the vehicle is not subject to technical inspection or it is not required, or the procedure and frequency of technical inspection are established by the Government of the Russian Federation Federation, or the frequency of technical inspection of such a vehicle is six months, as well as cases provided for in Article 10 of this Federal Law).
Zakonbase: The provisions of subparagraph "e" of paragraph 3 of Article 15 (as amended by this Federal Law) apply to legal relations that arose from January 1, 2012 (paragraph 6 of Article 5 of the Federal Law of July 28, 2012 N 130-FZ)
4. By agreement of the parties, the insured has the right to submit copies of the documents necessary for concluding a contract of compulsory insurance. In cases stipulated by the rules of compulsory insurance, these documents may be submitted in the form of electronic documents.
(As amended by Federal Law No. 170-FZ of July 1, 2011)
5. When concluding a compulsory insurance contract, the owner of a vehicle registered in a foreign state and temporarily used on the territory of the Russian Federation shall submit the documents provided for in subparagraphs "b", "d", "e" of paragraph 3 of this article, as well as one of the documents specified in subparagraph "e" of paragraph 3 of this article, or a technical inspection document issued in a foreign state and recognized in the Russian Federation in accordance with an international treaty of the Russian Federation.
6. Owners of vehicles used for the carriage of passengers along regular routes are obliged to inform passengers of their rights and obligations arising from a compulsory insurance contract in accordance with the requirements established by the federal executive body in the field of transport.
Clause 6.1. - Lost power.
7. When concluding a compulsory insurance contract, the insurer shall hand over to the policyholder an insurance policy, which is a document certifying the implementation of compulsory insurance, and also enter the information specified in the application for the conclusion of the compulsory insurance contract and (or) presented at the conclusion of this contract, into the automated information system of compulsory insurance created in accordance with this Federal Law. The form of the compulsory insurance policy is a document of strict accountability.
(As amended by Federal Law No. 170-FZ of July 1, 2011)
Zakonbase: Clause 7 is suspended from 01/01/2013 to 06/30/2014 (Federal Law of 12/25/2012 N 267-FZ
8. During the validity period of the compulsory insurance contract, the insured shall immediately inform the insurer in writing about changes in the information specified in the application for conclusion of the compulsory insurance contract.
9. Upon receipt of a message from the insured about a change in the information specified in the application for concluding a compulsory insurance contract and (or) provided at the conclusion of this contract, the insurer shall make changes to the compulsory insurance policy, as well as to the automated information system of compulsory insurance, created in accordance with from this federal law.
(As amended by Federal Law No. 170-FZ of July 1, 2011)
Zakonbase: Clause 9 was suspended from 01/01/2013 to 06/30/2014 (Federal Law of 12/25/2012 N 267-FZ
10. Upon termination of the compulsory insurance contract, the insurer shall provide the insured with information on the number and nature of insured events that have occurred, on insurance payments made and on upcoming insurance payments, on the duration of insurance, on pending and unsettled claims of victims for insurance payments and other information about insurance during the validity period. compulsory insurance contracts (hereinafter referred to as insurance information). Information about insurance is provided by insurers free of charge in writing, and is also entered into the automated information system of compulsory insurance created in accordance with this Federal Law.
(as amended by the Federal Law dated 01.07.2011 N 170-FZ)
Information about insurance is provided by the vehicle owner to the insurer when carrying out compulsory insurance in subsequent periods and is taken into account by the insurer when calculating the insurance premium under the compulsory insurance contract.
10.1. Conclusion of a compulsory insurance contract without entering information about insurance into the automated information system of compulsory insurance created in accordance with this Federal Law, and checking the compliance of the information provided by the insured with the information contained in the automated information system compulsory insurance and in the unified automated information system of technical inspection of information is not allowed.
(as amended by the Federal Law dated 01.07.2011 N 170-FZ)
11. The federal executive body authorized by the Government of the Russian Federation establishes the form of an application for concluding a compulsory insurance contract, the form of a compulsory insurance policy and the form of a document containing information on insurance.
(as amended by Federal Law No. 160-FZ of July 23, 2008)
1. The owners of vehicles have the right to conclude compulsory insurance contracts, taking into account the limited use of vehicles that are in their ownership or possession.
The limited use of vehicles owned or owned by citizens is recognized as driving vehicles only by drivers indicated by the insured and (or) seasonal use of vehicles for three or more months in a calendar year.
The limited use of vehicles owned or owned by legal entities is their seasonal use, in particular the use of snowplows, agricultural, watering and other special vehicles for six or more months in a calendar year.
The vehicle owner has the right to notify the insurer of these circumstances in writing when concluding a compulsory insurance contract. In this case insurance premium under the compulsory insurance contract, which takes into account the limited use of the vehicle, is determined using the coefficients provided for by insurance rates and taking into account the driving experience, age and other personal data of drivers admitted to driving the vehicle, and (or) the period of its use provided for by the compulsory insurance contract ( Article 9 of this Federal Law).
2. When carrying out compulsory insurance, taking into account the limited use of the vehicle, the insurance policy shall indicate the drivers admitted to driving the vehicle, including on the basis of an appropriate power of attorney, and (or) the period of its use provided for by the compulsory insurance contract.
3. During the validity period of the compulsory insurance contract, which takes into account the limited use of the vehicle, the policyholder is obliged to immediately inform the insurer in writing about the transfer of control of the vehicle to drivers who are not indicated in the insurance policy as authorized to drive the vehicle, and (or) about an increase in the period its use beyond the period specified in the contract of compulsory insurance. Upon receipt of such a message, the insurer makes appropriate changes to the insurance policy. At the same time, the insurer has the right to demand payment of an additional insurance premium in accordance with insurance tariffs for compulsory insurance in proportion to the increase in risk.
1. Disabled persons (including disabled children) who have vehicles in accordance with medical indications, or their legal representatives, are provided with compensation in the amount of 50 percent of the insurance premium paid by them under a compulsory insurance contract.
This compensation is provided on the condition that the vehicle is used by a person entitled to such compensation, and along with it no more than two drivers.
Compensation of insurance premiums under a compulsory insurance contract is an expense obligation of the Russian Federation.
The Russian Federation transfers to the state authorities of the constituent entities of the Russian Federation the powers to pay compensation to disabled people for insurance premiums under a compulsory insurance contract established by this article.
Funds for the implementation of delegated powers to provide these measures social support provided in the federal budget, in the form of subventions.
The amount of funds provided for by the budget of a constituent entity of the Russian Federation is determined based on the number of persons entitled to the said social support measures, as well as on the amount of insurance premiums calculated in accordance with this Federal Law.
Subventions are credited in the established for execution federal budget order to the accounts of the budgets of the constituent entities of the Russian Federation.
The procedure for spending and accounting for funds for the provision of subventions is established by the Government of the Russian Federation.
State authorities of the constituent entities of the Russian Federation quarterly submit to the federal executive body responsible for the development of a unified state financial, credit, monetary policy, a report on the spending of the provided subventions indicating the number of persons entitled to these social support measures, categories of recipients, as well as indicating amount of expenses incurred. If necessary, additional reporting data shall be submitted in the manner determined by the Government of the Russian Federation.
Funds for the implementation of these powers are targeted and cannot be used for other purposes.
In the event that the funds are used for purposes other than those intended, the authorized federal executive body shall have the right to recover the said funds in the manner established by the legislation of the Russian Federation.
Control over the spending of funds is carried out by the federal executive body exercising the functions of control and supervision in the financial and budgetary sphere, the federal executive body exercising the functions of control and supervision in the field of health care and social development. Accounts Chamber of the Russian Federation.
State authorities of the constituent entities of the Russian Federation shall have the right to vest, by the laws of the constituent entities of the Russian Federation, local self-government bodies of settlements, municipal districts and urban districts with the authority to pay compensation for insurance premiums to disabled persons under a compulsory insurance contract established by this article.
2. Bodies of state power of the subjects of the Russian Federation and bodies of local self-government, within their powers, have the right to establish full or partial compensations for insurance premiums under compulsory insurance contracts for other categories of citizens. Sources of funding and the procedure for providing these compensations are determined in accordance with the regulatory legal acts of the constituent entities of the Russian Federation and the regulatory legal acts of local governments.
Chapter III. Compensation payments1. Compensatory payment on account of compensation for harm caused to the life or health of the victim is carried out in cases where the insurance payment for compulsory insurance cannot be made due to:
b) revocation of the insurer's license to carry out insurance activities;
c) the uncertainty of the person responsible for the harm caused to the victim;
D) the absence of a compulsory insurance contract, under which the civil liability of the person who caused the harm is insured, due to his failure to fulfill the insurance obligation established by this Federal Law.
2. Compensation payment on account of compensation for damage caused to the property of the victim is carried out in cases where the insurance payment for compulsory insurance cannot be made due to:
a) applying to the insurer the bankruptcy procedure provided for by federal law;
b) revocation of the insurer's license to carry out insurance activities.
3. On the territory of the Russian Federation, foreign citizens, stateless persons and foreign legal entities are entitled to receive compensation payments on an equal basis with citizens of the Russian Federation and Russian legal entities.
Paragraphs 4 - 5 - No longer valid.
6. A claim at the request of the victim to make compensation payments may be filed within three years.
1. At the request of victims, compensation payments are made by a professional association of insurers acting on the basis of constituent documents and in accordance with this Federal Law.
Consideration of the claims of victims for compensation payments, the implementation of compensation payments and the exercise of the rights of claim provided for by this Federal Law may be carried out by insurers acting at the expense of a professional association on the basis of contracts concluded with it.
2. By analogy, the rules established by the legislation of the Russian Federation for relations between the beneficiary and the insurer under a compulsory insurance contract apply to relations between the injured party and a professional association of insurers regarding compensation payments. The relevant provisions are applied insofar as otherwise is not provided by federal law and does not follow from the essence of such relations.
Compensation payments are established:
In terms of compensation for harm caused to the life or health of each victim, in the amount of not more than 160 thousand rubles, taking into account the requirements of Article 12 of this Federal Law;
in terms of compensation for damage caused to the property of several victims, in the amount of not more than 160 thousand rubles and not more than 120 thousand rubles in case of damage to the property of one victim.
At the same time, the specified compensation payments are reduced by an amount equal to the amount of partial compensation for the damage made by the insurer and (or) the person responsible for the harm caused.
(as amended by Federal Law)
1. The amount of the compensation payment made to the victim in accordance with subparagraphs and paragraph 1 of Article 18 of this Federal Law shall be recovered by way of recourse on the claim of a professional association of insurers from the person responsible for the harm caused to the victim.
(as amended by the Federal Law dated 21.07.2005 N 103-FZ (as amended on 01.12.2007))
The professional association of insurers is also entitled to demand compensation from the said person expenses incurred to consider the claim of the victim for compensation.
2. Within the amount of the compensation payment made to the victim in accordance with subparagraphs and paragraph 1 and paragraph 2 of Article 18 of this Federal Law, the right to claim insurance payment for compulsory insurance, which the victim has to the insurer, passes to the professional association of insurers.
(as amended by the Federal Law dated 21.07.2005 N 103-FZ (as amended on 01.12.2007))
Chapter IV. Insurers1. The insurer must have a representative in each subject of the Russian Federation authorized to consider the claims of the victims for insurance payments and to make insurance payments.
2. Insurers must be members of a professional association of insurers acting in accordance with this Federal Law.
3. A necessary requirement for an insurance organization applying for a permit (license) to carry out compulsory civil liability insurance of vehicle owners is that this insurance organization has at least two years of experience in carrying out vehicle insurance operations or civil liability of their owners.
Insurers and their representatives must be located in premises adapted for the performance of their functions.
4. The insurer has the right to carry out insurance operations within the framework of international insurance systems, provided that this insurer is included in the list of insurers carrying out insurance operations within the framework of international insurance systems. This list is maintained by a professional association of insurers.
5. To be included in the list of insurers carrying out insurance operations within the framework of international insurance systems, the insurer must:
a) be a member of a professional association of insurers;
b) make a contribution to the current liabilities fund, formed by a professional association of insurers in accordance with this Federal Law, in the amount equivalent to 500 thousand euros at the rate of the Central Bank of the Russian Federation established on the date of payment.
6. Information about insurers included in the list of insurers carrying out insurance operations within the framework of international insurance systems is sent to the federal executive body for supervision of insurance activities within 30 days from the date of inclusion in the specified list.
7. A professional association of insurers shall quarterly publish a list of insurers carrying out insurance operations within the framework of international insurance systems on its official website on the Internet information and telecommunication network and publish it in printed matter mass media with a circulation of at least 10,000 copies.
1. The organization of the conclusion of compulsory insurance contracts and the placement of advertisements for the services of specific insurers for compulsory insurance in the premises and on the territories occupied by state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local governments are prohibited.
2. If, in the course of compulsory insurance, the difference between the income and expenses of the insurer for the first quarter, six months, nine months, calendar year (reporting period) exceeds 5 percent of the specified income, the excess amount shall be directed by the insurer to form an insurance reserve to compensate for the costs of making insurance payments and direct compensation for losses in subsequent periods (stabilization reserve for compulsory insurance) until this reserve reaches a value equal to 10 percent of the size of the insurance reserve for incurred but undeclared losses formed by the insurer for making insurance payments for compulsory insurance (reserve for occurred but undeclared losses on compulsory insurance) at the end of the reporting period.
3. When carrying out compulsory insurance, insurers form:
reserve for financial support compensation payments provided for in subparagraphs and paragraph 1 and paragraph 2 of Article 18 of this Federal Law (reserve of guarantees);
(as amended by the Federal Law dated 21.07.2005 N 103-FZ (as amended on 01.12.2007))
a reserve for financial support of compensation payments made in accordance with subparagraphs and paragraph 1 of Article 18 of this Federal Law (reserve for current compensation payments).
(as amended by the Federal Law dated 21.07.2005 N 103-FZ (as amended on 01.12.2007))
The amount of deductions to the reserve of guarantees and the reserve of current compensation payments are established in accordance with the structure of insurance rates.
Chapter V. Professional association of insurers1. The professional association of insurers is a non-profit organization, which is a single all-Russian professional association based on the principle of compulsory membership of insurers and operating in order to ensure their interaction and the formation of rules for professional activities in the implementation of compulsory insurance, as well as to ensure the technical inspection of vehicles in in accordance with the legislation in the field of technical inspection of vehicles.
(as amended by the Federal Law dated 01.07.2011 N 170-FZ)
2. A professional association of insurers is created with the consent of the federal executive body for supervision of insurance activities.
A professional association of insurers is created and operates in accordance with the provisions of the legislation of the Russian Federation provided for in relation to associations (unions). These provisions shall be applied subject to the specifics of the status of a professional association of insurers established by this Federal Law.
3. The professional association of insurers is open to new members.
The constituent documents of a professional association must contain a provision on the consent of the members of the professional association to the entry into it of insurance companies that meet the requirements that, in accordance with the constituent documents of the professional association, apply to members of the professional association.
1. Professional association of insurers:
a) ensures the interaction of its members in the implementation of compulsory insurance by them, develops and establishes the rules of professional activity binding on the professional association and its members and monitors their observance;
B) represents and defends in state authorities, local governments, other bodies and organizations the interests associated with the implementation of compulsory insurance by members of a professional association;
c) make compensation payments to victims in accordance with the constituent documents of the professional association and the requirements of this Federal Law, and also exercise the rights of claim provided for by this Federal Law;
c.1) organize the provision of its members with forms of compulsory insurance policies and forms used in the implementation of insurance operations within the framework of international insurance systems, and exercise control over the use of these forms;
D) compensates for the missing part of the assets upon transfer insurance portfolio at the expense of funds intended for the implementation of compensation payments, in accordance with the Federal Law of October 26, 2002 N 127-FZ "On Insolvency (Bankruptcy)";
d.1) carries out, in accordance with the legislation in the field of technical inspection of vehicles, accreditation of technical inspection operators, maintains a register of accredited technical inspection operators;
(as amended by the Federal Law dated 01.07.2011 N 170-FZ)
Subparagraph d.2) - Has become invalid.
D) performs other functions provided for by the constituent documents of a professional association in accordance with its goals and objectives.
2. A professional association of insurers has the right to:
create and use information systems containing information on compulsory insurance, including information on compulsory insurance contracts and insured events, personal data on policyholders and victims, while ensuring the requirements established by the legislation of the Russian Federation for the protection of information of limited access;
protect in court the interests of members of a professional association related to the implementation of compulsory insurance by them;
carry out the functions assigned to it in accordance with the legislation of the Russian Federation for information, organizational and technical support for the implementation of this Federal Law, including functions related to the activities of members of a professional association within the framework of international insurance systems.
A professional association of insurers has the right to carry out other activities provided for by its constituent documents in accordance with the goals defined by this Federal Law.
A professional association can carry out commercial activities only insofar as it serves the achievement of the goals for which it was created and corresponds to these goals.
In accordance with the legislation in the field of technical inspection of vehicles, the professional association of insurers checks applicants for compliance with the established accreditation requirements and monitors the activities of technical inspection operators for compliance with the established accreditation requirements and the rules for conducting technical inspection.
(as amended by the Federal Law dated 01.07.2011 N 170-FZ)
1. The professional association of insurers shall establish rules that are binding on the professional association and its members and contain requirements regarding:
a) the procedure and conditions for consideration by members of the professional association of the claims of victims for insurance payments under compulsory insurance contracts concluded by other members of the professional association, the procedure and conditions for making these insurance payments;
b) the procedure and conditions for a professional association to make compensation payments to victims, including the order of satisfaction of these requirements in case of insufficient funds of this professional association, and the procedure for distributing responsibility among its members for the obligations of a professional association related to the implementation of compensation payments;
b.1) the terms of an agreement between members of a professional association of insurers on direct compensation for losses;
c) the procedure for financing compensation payments by members of a professional association, measures to control intended use relevant funds, the procedure for maintaining accounting by a professional association for transactions with funds intended for compensation payments;
c.1) actions of members of a professional association of insurers and execution of documents by them during the transfer of the insurance portfolio, as well as additional conditions and features of the transfer of the insurance portfolio, including the choice of the insurer to which the insurance portfolio is transferred, when applying measures to prevent the bankruptcy of the insurer and in the course of procedures applied in the case of bankruptcy of the insurer, the procedure for determining the amount and payment to the insurer to which the insurance portfolio is transferred, the appropriate remuneration;
D) the creation and use of information systems of a professional association containing information of limited access, as well as the protection of information in these systems;
e) the procedure for the entry into the professional association of new members and the withdrawal or exclusion of members from it;
f) the conditions and procedure for the formation and expenditure of funds of a professional association for purposes other than financing compensation payments, including the procedure for distributing the relevant costs, payments, fees and contributions among its members;
g) qualifications of employees;
h) documentation, accounting and reporting rules;
i) protecting the rights of policyholders and victims related to compulsory insurance, including the procedure for considering their complaints against the actions of members of a professional association;
j) procedures for conducting inspections of the activities of members of a professional association for compulsory insurance and their compliance with established rules, including the creation of a control body and the procedure for familiarizing other members of a professional association with the results of these inspections, as well as requirements for ensuring openness of information for conducting such inspections;
k) sanctions and other measures in relation to members of a professional association, their officials and employees, the procedure for applying and accounting for such sanctions and other measures, as well as monitoring their implementation;
l) resolving disputes between members of a professional association that arose when one of the members of the professional association considered the claims of victims and made insurance payments under compulsory insurance contracts concluded by another member of the professional association, as well as other issues of professional activity in compulsory insurance;
H) rules of professional activity related to the activities of a professional association of insurers and the activities of its members within the framework of international insurance systems and corresponding to the requirements imposed within such systems, including the procedure for paying contributions, forming and using the current liability fund, establishing insurance rates and procedures their application in determining the insurance premium, as well as the structure of insurance rates, including the share of the insurance premium intended for remuneration for the conclusion of an insurance contract;
O) other rules of professional activity in compulsory insurance, the establishment of which is within the competence of a professional association by decision of its members;
o) the procedure for accounting, storage, destruction and transfer of forms of insurance policies;
p) establishing the share of remuneration for the conclusion of a contract of compulsory insurance from the insurance premium paid by the insurant under the contract of compulsory insurance, within the limits of the insurer's expenses for the implementation of compulsory insurance;
c) the procedure for maintaining and providing accounting journals of concluded compulsory insurance contracts, co-insurance contracts, loss accounting journals and early terminated insurance contracts, co-insurance contracts.
r) the procedure for providing members of a professional association of insurers with forms of compulsory insurance policies and forms used in the implementation of insurance operations within the framework of international insurance systems, and the use of these forms, depending on financial stability and solvency of members of the professional association of insurers, as well as compliance with the conditions of membership in the professional association of insurers.
1.1. The requirements specified in subparagraphs "a" - "e", "n", "p" - "t" of paragraph 1 of this article are established and changed by a professional association of insurers in agreement with the federal executive body that performs the functions of developing public policy and regulatory legal regulation in the field of insurance activities, the requirements specified in subparagraph "t" of paragraph 1 of this article regarding the procedure for providing members of a professional association of insurers with forms of compulsory insurance policies and forms used in the implementation of insurance operations within the framework of international insurance systems, also, in agreement with the federal executive body in charge of adopting regulatory legal acts and monitoring compliance with antimonopoly legislation, other requirements provided for in paragraph 1 of this article - by a professional association of insurers, subject to notification of the federal executive body for supervision of insurance activities in the manner established by this body okay.
2. If the rules of professional activity established by a professional association of insurers violate the rights of other persons, including victims, policyholders, insurance organizations that are not members of a professional association, persons whose rights have been violated, and the federal executive body for supervision of insurance activities has the right to file a claim for the recognition of these rules as invalid or with a claim for amendments to them.
Persons whose rights have been violated have the right to demand from the professional association of insurers compensation for the losses caused to them.
1. An agreement on direct compensation for losses is concluded between members of a professional association of insurers. Such an agreement determines the procedure and terms of settlements between the insurer that made direct compensation for losses and the insurer that insured the civil liability of the person who caused the harm.
Settlements between these insurers can be made by reimbursement of the amount of paid losses for each claim or based on the number of satisfied claims during the reporting period and the average amount of insurance payments.
Funds intended for financing compensation payments are reflected on separate balance sheets of a professional association, and separate accounting is kept for them. For settlements on activities related to the implementation of each of the specified types of compensation payments, a professional association opens a separate bank account.
The funds intended for financing compensation payments may not be levied on the obligations of a professional association of insurers, if the occurrence of such obligations is not related to the implementation of compensation payments for compulsory insurance.
(as amended by Federal Law No. 78-FZ of June 14, 2012)
2.1. In order to fulfill their financial obligations before the participants of international insurance systems, the professional association of insurers forms a fund of current liabilities.
3. Investment of temporarily free funds of a professional association is carried out on the terms of diversification, repayment, profitability and liquidity solely for the purpose of preserving and increasing these funds.
Article 20 of this Federal Law are sent to finance compensation payments.
6. Financial activities professional association of insurers is subject to mandatory annual audit.
Independent audit organization and the terms of the contract, which the professional association of insurers is obliged to conclude with it, are approved general meeting members of a professional association.
7. Annual report and annual balance sheet professional association after their approval by the general meeting of members of the professional association are subject to publication annually.
The amount and procedure for paying by members of a professional association of insurers contributions, contributions and other obligatory payments to a professional association are established by the general meeting of members of a professional association in accordance with this Federal Law, other regulatory legal acts of the Russian Federation and the constituent documents of a professional association. For the implementation by insurers of insurance operations within the framework of international insurance systems, the constituent documents of a professional association of insurers may provide for a different procedure for establishing the amount and payment of mandatory contributions.
Chapter VI. Final provisions1. Executive authorities of the Russian Federation, executive authorities of constituent entities of the Russian Federation, local governments, organizations and citizens are obliged to provide free of charge, at the request of insurers and their professional associations, information that they have, in respect of which a requirement has been established to ensure its confidentiality and which associated with insured events under compulsory insurance or with events that served as the basis for the presentation by the victims of claims for compensation payments.
The internal affairs bodies also provide insurers, at their request, with information on the registration of vehicles with the owners of which these insurers have concluded compulsory insurance contracts.
Insurers and their professional association are obliged to comply with the protection regimes established by the legislation of the Russian Federation, the regime for processing information that they receive and in respect of which a requirement is established to ensure its confidentiality, and the procedure for its use, and in case of their violation, bear responsibility provided for by the legislation of the Russian Federation.
2. Insurers are obliged to report information on concluded, extended, invalid and terminated compulsory insurance contracts to the internal affairs bodies.
The procedure for providing the information provided for by this paragraph shall be established by the internal affairs bodies of the Russian Federation in agreement with the federal executive body for supervision of insurance activities.
3. In order information support making compensation payments, direct compensation for losses, applying the coefficient that is part of the insurance rates and provided for in paragraph 2 of Article 9 of this Federal Law, analyzing the economic feasibility of insurance rates, interacting with insurers that have concluded land transport insurance contracts with victims, and implementing other provisions of this The federal law creates an automated information system for compulsory insurance containing information about compulsory insurance contracts, insured events, vehicles and their owners, statistical data and other necessary information about compulsory insurance.
(As amended by Federal Law No. 170-FZ of July 1, 2011)
Free access to the information contained in the information system is provided, with the exception of restricted access information. Restricted access information is provided to public authorities, insurers and their professional associations, other bodies and organizations in accordance with their competence, determined by the legislation of the Russian Federation, and in the manner established for them.
The lists of information provided on a mandatory basis by public authorities, insurers, other persons for inclusion in the information system, the procedure for providing users with the information contained in it, as well as the bodies and organizations responsible for collecting and processing this information, are approved by the Government of the Russian Federation.
The operator of the automated information system of compulsory insurance, which organizes and (or) processes the information generated in it, is a professional association of insurers.
(As amended by Federal Law No. 170-FZ of July 1, 2011)
The operator of the automated information system of compulsory insurance shall exercise the following powers:
organizes and (or) carries out the processing of personal data generated in the automated information system of compulsory insurance in accordance with the legislation of the Russian Federation in the field of personal data in order to ensure the implementation of the provisions of this Federal Law;
(As amended by Federal Law No. 170-FZ of July 1, 2011)
takes the necessary organizational and technical measures to protect personal data from unauthorized or accidental access to them, destruction, modification, blocking, copying, distribution of personal data, as well as from other illegal actions;
Exercises other powers related to the achievement of the goal of creating an automated information system for compulsory insurance.
(As amended by Federal Law No. 170-FZ of July 1, 2011)
4. The procedure for interaction between the automated information system of compulsory insurance and the unified automated information system for technical inspection, created in accordance with the legislation in the field of technical inspection of vehicles, is established by the federal executive body authorized by the Government of the Russian Federation.
(As amended by Federal Law No. 170-FZ of July 1, 2011)
5. The exchange of information in case of direct compensation for losses is carried out in an automated information system for direct compensation for losses, which is part of an automated information system for compulsory insurance and contains information about insured events, vehicles, their owners, drivers of vehicles, compulsory insurance contracts, insurers and others. information necessary for organizing settlements between insurers in accordance with an agreement on direct compensation for losses (of this Federal Law).
Collection and processing of information generated in the automated information system of direct indemnification, organization of settlements between insurers in accordance with the agreement on direct indemnification, other actions necessary for the implementation of the provisions of this Federal Law shall be carried out by a legal entity determined by a professional association of insurers in accordance with the transferred functions and powers professional association of insurers.
(As amended by Federal Law No. 170-FZ of July 1, 2011)
1. In case of temporary use of a vehicle registered in the territory of the Russian Federation, in the territory of a foreign state in which international insurance systems are applied, the owner of such a vehicle is obliged to insure the risk of his civil liability for obligations arising from causing harm to the life, health or property of the victims when using the vehicle on the territory of the specified foreign state, for the period of temporary use of the vehicle, but not less than 15 days.
2. The conditions under which, within the framework of international insurance systems, insurance of civil liability of owners of vehicles registered in the territories of foreign states and temporarily used in the territory of the Russian Federation is carried out must comply with the legislation of the Russian Federation on insurance, regulatory legal acts of the Government of the Russian Federation that determine the rules for compulsory insurance.
3. The conditions under which, within the framework of international insurance systems, civil liability insurance is carried out for owners of vehicles registered in the Russian Federation and temporarily used in the territories of foreign states in which international insurance systems are applied, must comply with the requirements and rules of such international systems.
4. Coordination of actions on the participation of a professional association of insurers in international insurance systems is carried out by the federal executive body, which performs the functions of developing state policy and legal regulation in the field of insurance activities.
1. Control over the fulfillment by owners of vehicles of the insurance obligation established by this Federal Law is carried out by the police when registering and exercising their other powers in the field of monitoring compliance with traffic rules, as well as regulatory legal acts in the field of road safety. The driver of a vehicle is obliged to carry a compulsory insurance policy and submit it for verification of the compulsory insurance of civil liability of vehicle owners, which shall enter into force on the day of the official publication of this Federal Law.
6. In case of exceeding the size of the stabilization reserve for compulsory insurance formed as of March 31, 2010 and for subsequent reporting periods until December 31, 2012, above the limit value specified in paragraph 5 of this article, the insurer shall bring the amount of the stabilization reserve for compulsory insurance in line with the specified limit value.
7. If, as of December 31, 2012, the stabilization reserve for compulsory insurance specified in Article 22 of this Federal Law exceeds 10 percent of the reserve for incurred but unreported losses for compulsory insurance, the insurer shall bring its amount in line with the specified value.
On the website "Zakonbase" you will find the FEDERAL LAW dated 04/25/2002 N 40-FZ (as amended on 05/07/2013 with changes that entered into force on 05/08/2013) "ON COMPULSORY INSURANCE OF CIVIL LIABILITY OF VEHICLE OWNERS" in a fresh and complete version, in which all changes and amendments have been made. This guarantees the relevance and reliability of the information.
At the same time, you can download the FEDERAL LAW of 04/25/2002 N 40-FZ (as amended on 05/07/2013 with changes that entered into force on 05/08/2013) "ON COMPULSORY INSURANCE OF CIVIL LIABILITY OF VEHICLE OWNERS" can be completely free of charge, both in full and in separate chapters.
Legislation regulates civil liability insurance by a separate regulation. Federal law number 40 was adopted in April 2002, but came into force only a year later. Since its adoption, the law has undergone a number of changes that require separate consideration.
The Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” structurally consists of six main chapters. The division is intended to group the articles of the law on the main issues:
- establishing general concepts and provisions of OSAGO, an indication of the principles that formed the basis for the adoption of Federal Law 40;
- conditions of civil auto insurance, the procedure for its implementation;
- payment of compensations under OSAGO insurance;
- regulation of insurance companies.
The purpose of the law is to establish compulsory car insurance and obtaining an OSAGO policy. The purpose of the Federal Law is to protect the rights of the victims and pay them compensation for the damage caused through OSAGO insurance.
The law came into force on July 1, 2003. Last changes fall on March 28, 2017. Their adoption is regulated by Federal Law 49, which amends the OSAGO Law. Most of the amendments entered into force on April 28, but the changes to paragraph 12 of Article 1 are only relevant from September 25, 2017.
Do you know what changes the Federal Law 28 on civil defense has undergone? Last revision
Recent changes in the OSAGO Law
The latest amendments to the OSAGO Law under Federal Law 49 are designed to regulate the following aspects:
- previously, the insurer was obliged to analyze the damage to the vehicle within 5 days from the moment it was submitted for examination, the latest changes in the law left the specified period, but set its countdown at the time of filing an application for an accident with the OSAGO insurer;
- the possibility of conducting an independent examination was abolished, the relevant documents lost their legal force;
- the period during which, according to the law of Federal Law 40, claims are submitted to the insurer under OSAGO, has been increased, now it is 10 days;
- from the beginning of September 2017, the insurance period under the OSAGO policy cannot be less than one year;
- monetary compensation for damage is not paid to the victim, but is transferred to repair companies with which the insurer has concluded an appropriate contract;
- up to 100 thousand rubles the limit of the sum insured under the Europrotocol was increased;
- it is allowed to purchase an OSAGO policy from 2017 via the Internet;
- the right of regression comes into force - if the insurer proves the intentional harm caused by the culprit of the accident, then the full or partial amount of insurance will be recovered from the latter, according to the law of Federal Law 40.
Recent changes to the Federal Law 40 on OSAGO have raised a number of questions on interpretation and regulation individual moments:
- low level of liability of insurance companies in payments under OSAGO policies, lack of regulation of relevant mechanisms of influence;
- certain provisions are vague in wording, allow for a double interpretation;
- as a consequence of the inaccuracies of the OSAGO Law - the lack of adequate decisions in the judicial consideration of certain points;
- the issue of counterfeit OSAGO policies is not regulated;
- in some situations, the victim, despite the presence of OSAGO at the culprit of the accident, is forced to pay extra for the repair of the vehicle.
The current version of the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” can be considered on the example of individual articles.
The first article of the Federal Law 40 has undergone a number of changes in accordance with the latest amendments:
- in the eighth paragraph, the wording “ (make an insurance claim)” has been replaced by “ (carry out insurance compensation in the form of an insurance payment or by arranging and (or) paying for the restoration repair of a damaged vehicle)”;
- in the eleventh, thirteenth and fourteenth paragraphs of the wording “ insurance payments” change to “ insurance claims”;
- in the sixteenth paragraph, the wording " at a service station chosen by the victim in agreement with the insurer from among the service stations with which the insurer has concluded agreements establishing the obligation of the service station to carry out restorative repairs of the victim’s vehicle and the obligation of the insurer to pay for such repairs at the expense of the insurance payment' shortened to ' at a service station determined in accordance with this Federal Law«;
- added an additional paragraph - " contract for the organization of restoration repairs - an agreement concluded between the insurer and the service station and establishing, among other things, the obligation of the service station to carry out the restoration repair of the damaged vehicle of the victim and the obligation of the insurer to pay for such repairs on account insurance compensation in accordance with this Federal Law.«.
Article 2 of Federal Law 40 regulates the system of compulsory auto insurance in the legislation of the Russian Federation. The priority of the provisions of international agreements is prescribed. There have been no changes to this provision since the original edition.
AT Article 4 of the Federal Law 40 wording " compulsory insurance payment' changed to ' sums insured established by Article 7 of this Federal Law,«.
AT Article 12 of the Federal Law 40 the wording " insurance payments" on the " insurance claims". Changed the name of the position to " Article 12". Paragraph 15 is supplemented with three subparagraphs regulating insurance compensation for damage caused, requirements for carrying out repair work and the possibility of independent repairs to the victims with the company with which the insurer has an appropriate contract.
Article 17 of Federal Law 40 regulates the compensation of insurance premiums under OSAGO. For 2017, there were no changes to this provision. This article was last revised in 2008.
Download FZ
For a complete introduction to current version FZ 40 on OSAGO with the latest changes, it is recommended to refer to the document itself. Below are the download links for Federal Laws 40 and 49. The second document is the one that lists recent changes in OSAGO insurance for 2017. Download latest edition"Law on Compulsory Insurance" FZ 40 can. Federal Law 49 with changes can be downloaded.
The article will reveal the main points related to Federal Law No. 40 "On OSAGO". What is this normative act, how to properly insure - further.
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Federal Law No. 40 is the main regulatory act regulating situations in which civil liability arises for causing harm to a third party with the participation of a vehicle.
The document is often amended to take into account public opinion. New law 2020 with changes came into force in the summer of 2017.
Basic moments
The Law on Compulsory Insurance obliges vehicle owners to insure the existing risk of harm to a third party, regardless of their financial situation.
It is not allowed to operate a car on the territory of the Russian Federation without insurance.The essence of the law:
The control of the availability of the policy is carried out by employees of the road service. After the creation of a general database of policyholders, this issue will be controlled by a separate government agency.
Changes in FZ-40:
| Recent important change | Correction of the terms of inspection of a damaged vehicle by employees of insurance companies. Previously, insurers carried out an examination of damage within 5 days from the moment the car was presented for inspection. Now Insurance companies must assess the damage within 5 days from the date of submission of the application for insurers |
| Introduced a ban on independent expertise | At present, such a document will not be valid. |
| Processing time has been extended | From 5 to 10 days |
| Policy expiration date | Cannot be less than 1 year |
| Increased insurance premium | It is 100 thousand rubles |
Currently, disputes concerning the articles of the new law do not stop. Reasons for the debate:
- insufficient insurance firm for the performance of duties;
- double interpretation of some provisions of the law, which leads to incomprehensible situations;
- using a fake OSAGO policy;
- the need to pay extra for the repair of the affected vehicle at the expense of the victim's finances.
The law consists of 6 chapters:
| Interpretation of basic concepts | And the principles of the document |
| Setting conditions | on which insurance documents are drawn up. Specifies who the members are. The section deals with issues related to the calculation of insurance payments |
| Who is eligible for insurance benefits | — |
| Definition of the insurer | And features of the activity |
| Powers of persons who conduct insurance and appraisal work | Set the amount of damage, the professional association of insurers |
| Specifying Information Agreement Types | In the field of compulsory insurance of car owners |
In the current year, a fine of 500 rubles is issued for the lack of a policy. 2017, compensation of the insurance premium under the OSAGO agreement is provided.
The provisions of the law give clear instructions on how both parties to the accident should behave.
The law regulates legal relations that arise as a result of a perfect emergency situation between citizens.
The normative act highlights the situations in which this rule is applied, and the grounds for compensation for damage to the victims.
A traffic accident means:
According to the law, damage is done both for damaged property and for injuries.
Insurance rules
The conditions for acquiring an insurance policy and the procedure for its use are regulated by the second chapter of the Federal Law "On OSAGO". The main nuances of insurance:
Amendments have been made to the current insurance rules regarding the interests of insurance companies and car owners.
Innovations relate to those contracts that were concluded after April of the previous year. Under the new rules, money is paid in such cases:
- a car that has been damaged in an accident cannot be restored;
- repairs are estimated at more than 400,000 rubles;
- damage was caused to property that does not touch the car;
- if it was issued without the participation of traffic police officers and the damage is no more than 100 thousand rubles;
- the car owner has a 1 or 2 disability group, and he asked to pay compensation for car repairs.
The 2020 insurance rules provide for the personal filling out of the electronic application form and personal payment of the cost of the policy.
We touched on the rules and calculation of OSAGO:
The next rule change concerns the payout limit. If damage to life or health is caused - 500 thousand, if property - 400 thousand rubles.
Clarifications of the Supreme Court of the Russian Federation
The Decree of the Plenum of the Supreme Court states that in the event of an insured event, the victim must notify the insurer of this in set time and send him an application with the necessary documentation.
You should also provide the affected vehicle for inspection. If the victim misses the deadline, he agrees with the insurance company a new date for.
If he misses this date as well, then the results of an independent examination (which he will conduct on his own) will not be accepted, the amount of insurance compensation will not be established.
Video: OSAGO law
The Resolution addresses the following issues:
- the procedure for concluding an OSAGO agreement, features;
- registration of documentation about a traffic accident without the participation of patrol officers;
- a list of citizens who are entitled to receive compensation;
- obligations of the parties in the event of an insured event;
- direct damages;
- payments;
- features of compensation of insurance payment;
- liability of the insurer in case of violation of payment terms.
It is explained that it is necessary to transfer documents in such a way that their direction is fixed and delivered to the addressee.
The current latest version of the Federal Law 40-FZ "On OSAGO"
Every year the legislation amends regulations. This year the following changes were made to the document:
- calculation in kind. In accordance with the new rules for indemnification, insurers have the right not to make direct contributions to victims. They will send the due funds to the settlement account of the workshop, which will repair the damaged transport;
- the minimum term of the insurance policy is 1 year;
- the amount of the payment has been increased;
- the terms for consideration of the claim have also been increased;
- the conclusion of an independent examination became invalid.
The main changes affected the following articles:
| Article | The essence of the amendments |
| The policyholder-legal entity has the right to conclude an agreement subject to limited use of the vehicle (6 or more months) | |
| The procedure for establishing the territorial coefficient has changed, where the vehicle is mainly used | |
| A new restriction has been established regarding compensation for threats to life or health | |
| Item 23 | The procedure for reissuing the OSAGO insurance form has changed |
