Article 15. Procedure for compulsory insurance

Principles of compulsory insurance:

1. guarantee of compensation for harm caused to the life, health or property of victims, within the limits established by this Federal Law;
2. universality and mandatory liability insurance for vehicle owners;
3. the inadmissibility of using vehicles on the territory of the Russian Federation whose owners have not fulfilled the statutory obligation to insure their civil liability;
4. economic interest of vehicle owners in improving road safety.

The principle of guarantee of compensation for harm

Thus, the victim is guaranteed payment within the limits of the insurance amounts established by Art. 7 Federal Law “On OSAGO”. Namely - in terms of compensation for harm caused to the life or health of each victim, 500 thousand rubles; in terms of compensation for damage caused to the property of each victim, 400 thousand rubles (clauses a, b, article 7).

In any situation with the insurance company (for example, bankruptcy, revocation of a license, etc.), compensation will be paid by the professional association of insurers, which is the Russian Union of Auto Insurers - RSA. According to information from the RCA website, it currently includes 103 insurance companies, which account for 90% of the total volume of auto insurance transactions in Russia.

The principle of universality and compulsory insurance

The principle of universality and compulsory insurance is repeated in several articles of the Federal Law “On Compulsory Motor Liability Insurance”. Owners of vehicles are obliged, under the conditions and in the manner established by this Federal Law and in accordance with it, to insure the risk of their civil liability, which may occur as a result of causing harm to the life, health or property of others when using vehicles. The obligation to insure civil liability applies to owners of all vehicles used on the territory of the Russian Federation, except for the cases provided for in paragraphs. 3 and 4 tbsp. 4 (Clause 1, Article 4 of the Federal Law “On Compulsory Motor Liability Insurance”).

On the territory of the Russian Federation, the use of vehicles whose owners have not fulfilled the statutory obligation to insure their civil liability is prohibited. Registration of these vehicles is not carried out (clause 3, article 32 of the Federal Law “On Compulsory Motor Liability Insurance”).

The principle of inadmissibility of using vehicles without compulsory motor liability insurance.

The principle of the inadmissibility of using uninsured vehicles on the territory of the Russian Federation also follows from the above norms (Article 4, Clause 3, Article 32 of the Federal Law “On Compulsory Motor Liability Insurance”).

The principle of economic interest of vehicle owners in improving road safety

The principle of economic interest of vehicle owners in improving road safety lies in the general sense in the owner’s desire for safe, accident-free traffic. That is, the fewer accidents, the lower the cost of insurance in the future (the so-called “bonus-malus” coefficient) (subclause b, clause 2, article 9 of the Federal Law “On Compulsory Motor Liability Insurance”).

Cases when compulsory insurance is not provided

The obligation to insure civil liability does not apply to owners (Clause 3, Article 4 of the Federal Law “On Compulsory Motor Liability Insurance”):

• vehicles whose maximum design speed is no more than 20 kilometers per hour;
• vehicles that, due 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;
• vehicles of the Armed Forces of the Russian Federation (with exceptions);
• vehicles registered in foreign countries, if the civil liability of the owners of such vehicles is insured under international insurance systems;
• trailers for passenger cars belonging to citizens;
• vehicles that do not have wheeled propulsors (vehicles in the design of which tracked, half-tracked, sleigh and other non-wheeled propulsion systems are used), and trailers for them.

And the insurance obligation also does not apply to the owner of the vehicle, the risk of liability of which is insured in accordance with the law in question by another person (the policyholder) (Clause 4, Article 4 of the Federal Law “On Compulsory Motor Liability Insurance”).

Additional insurance

Clause 5 Art. 4 of the Federal Law “On Compulsory Motor Liability Insurance” gives vehicle owners who have insured their civil liability the right to voluntary additional insurance in case of insufficiency of the insurance amounts established by Art. 7 of the law on compulsory motor liability insurance, for full compensation for damage caused to the life, health or property of victims, as well as in the event of liability not related to the insurance risk under compulsory insurance.

At the same time, insurance companies often try to impose such additional insurance, trying to show its possible benefits. These actions of insurance companies do not comply with current legislation.

In particular, pp. 2, 3 tbsp. 16 of the Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the Protection of Consumer Rights” (hereinafter referred to as the Federal Law “On ZPP”), it is prohibited to condition the purchase of some goods (work, services) on the mandatory purchase of other goods (work, services), as well as the seller ( the contractor) does not have the right to perform additional work (services) for a fee without the written consent of the consumer.

Art. 15.34.1 of the Code of Administrative Offenses of the Russian Federation establishes administrative liability of insurance companies, insurance agents (brokers and other employees of insurance companies) for unjustified refusal to conclude a public insurance contract, specific types of compulsory insurance provided for by federal law, or for the imposition of additional services not specified by the requirements federal law.

Owners of vehicles whose liability risk is not insured in the form of compulsory and (or) voluntary insurance shall compensate for damage caused to the life, health or property of victims in accordance with the rules of Chapter 59 of the Civil Code of the Russian Federation. In this case, harm caused to the life or health of victims is subject to compensation in amounts no less than the amounts determined in accordance with Article 12 of the Federal Law “On Compulsory Motor Liability Insurance”, and according to the rules of this article (paragraph 1, paragraph 6, Article 4 of the Federal Law “On Compulsory Motor Liability Insurance” ").

In addition to civil liability, persons who violated the requirements established by the law on compulsory motor insurance for compulsory civil liability insurance of vehicle owners bear administrative liability in accordance with the Code of Administrative Offenses of the Russian Federation (Article 12.37 of the Code of Administrative Offenses of the Russian Federation)

Can it be done by hand?

In the period from 2003 to 2013, OSAGO policy forms were filled out in the following three ways:

• By hand.
• On a computer using a template. Afterwards, such a form was printed on a printer and used by the driver.
• On a computer, using a special program for filling out policies, which has a common database.

Over a ten-year period (2003-2013), policies were filled out primarily by hand. This procedure did not last long, about 20 minutes. After the unified database “AIS RSA” was created in 2013, filling out the OSAGO form by hand was prohibited.

“AIS RSA” is an electronic database of the Russian Union of Auto Insurers , which allows you to determine the discount and insurance cost coefficient for each driver who has taken out a policy at least once. This database provides information on any insurance companies that are members of the Russian Union of Motor Insurers.

Due to the fact that fraudsters use the latest technologies and modern developments, they manage in some cases to forge policy forms, so insurance companies gradually began to completely switch to the electronic version of issuing an MTPL insurance policy.

In this case, it is impossible to forge a policy, since all data is entered into a special program that is connected to the general RSA database. The policyholder receives a printed policy , and all insurance information is stored online and only licensed insurance companies have access to it.

Rights and obligations under the compulsory insurance contract

The rights and obligations of the parties under a compulsory insurance agreement are established by the Central Bank of the Russian Federation (hereinafter referred to as the Bank of Russia) in the rules of compulsory insurance (approved by the Regulation of the Bank of Russia dated September 19, 2014 No. 431-P “On the rules of compulsory insurance of civil liability of vehicle owners”). .

The rules of compulsory insurance contain provisions of various federal laws that define the terms of the insurance contract, including the following provisions (clauses 2, 3, article 5 of the Federal Law “On Compulsory Motor Liability Liability Liability Liability Liability Insurance”):

• the procedure for concluding, amending, extending, and early termination of a compulsory insurance contract;
• procedure for paying the insurance premium;
• a list of actions of persons when carrying out compulsory insurance, including in the event of an insured event;
• the procedure for determining the amount of losses to be compensated by the insurer and providing insurance compensation for harm caused to the victim;
• procedure for resolving disputes regarding compulsory insurance;
• requirements for the organization of restoration repairs, as well as the procedure for interaction between the victim, the insurer and the service station in the event of detection of deficiencies in such repairs.

Registration of compulsory motor liability insurance - how and when should it be done?

In accordance with paragraph 2 of Art. 4 of the Federal Law of the Russian Federation “On OSAGO”, you must buy a policy immediately after purchasing a car. The mentioned norm states that the owner of the car is obliged to insure his civil liability before registration. In this case, no more than 10 days should pass from the moment ownership of the car arises.

In general, the procedure for registration of compulsory motor liability insurance includes the following steps:

1. Choosing an insurance company. A complete list of insurers providing such services can be found on the RSA website.
2. Collection of documents necessary to purchase a policy and preparation of an application.
3. Visit to the selected insurance company and provision of a package of papers.
4. Waiting for the completion of the driver data verification procedure using the PCA database.
5. Concluding an agreement with the insurer, paying the insurance premium and receiving a ready-made MTPL policy with other documents (notification of an accident, insurance rules, etc.).

List of documents

The list of documents that will be required to purchase MTPL insurance is presented in clause 3 of Art. 15 of the law mentioned above. This list includes the following papers:

• application in the form approved by the Regulations of the Central Bank of the Russian Federation dated September 19, 2014 No. 431-P (Appendix No. 2);
• passport or any other document that can confirm the identity of the applicant (for citizens);
• extract from the Unified State Register of Legal Entities (for organizations);
• STS, PTS;
• driver license;
• diagnostic card confirming the good condition of the car;
• paper on the right to own a specific car.

Is it possible to buy insurance online?

Undoubtedly, nowadays drivers have the opportunity to take out a compulsory motor liability insurance policy without leaving home. This can be done through the official website of any insurance company licensed by the Central Bank of the Russian Federation to sell such insurance.

So, in paragraph 7.2 of Art. 15 of the Federal Law of the Russian Federation “On OSAGO” it is written that a compulsory insurance contract can be concluded in the format of an electronic document. Moreover, insurance companies are obliged to provide policyholders with such an opportunity.

REFERENCE!

It is worth noting that today purchasing an MTPL policy online is very popular among car owners, as this option can significantly save time.

Occurrence of insurance risk

The insurance risk under compulsory insurance includes the onset of civil liability for obligations arising from causing harm to the life, health or property of victims when using a vehicle on the territory of the Russian Federation, with the exception of cases of liability arising as a result of (clauses 1, 2 of article 6 of the Federal Law "On Compulsory Motor Liability Insurance" "):

• causing harm when using a vehicle other than the one specified in the compulsory insurance contract;
• causing moral damage or the emergence of an obligation to compensate for lost profits;
• causing harm when using vehicles during competitions, tests or training driving in specially designated areas;
• environmental pollution;
• harm caused by the impact of 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;
• causing harm to the life or health of employees during 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;
• obligations to compensate the employer for losses caused by harm to the employee;
• causing damage by the driver to the vehicle he is driving and its trailer, the cargo they transport, the equipment installed on them and other property;
• causing harm when loading cargo onto a vehicle or unloading it;
• damage or destruction of antique and other unique objects, buildings and structures of historical and cultural significance, products made of precious metals and precious and semi-precious stones, cash, securities, objects of a religious nature, as well as works of science, literature and art, and other objects intellectual property;
• causing harm to the life, health, and 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 civil liability of the carrier for causing harm to the life, health, and property of passengers.

Applying for compensation to the insurance company on the above grounds will be a valid basis for refusing payment.

The main purpose of the OSAGO policy

The main purpose of MTPL insurance can be viewed from two perspectives:

1. Ensuring that the driver is protected from the costs that he may incur if, as a result of an accident, he causes harm to the health, life or property of another car owner.
2. Compensation for damage incurred in an accident caused by another road user.

Thus, MTPL insurance provides its owners with double protection.

IMPORTANT!

It is worth understanding that such a policy does not apply to cases where the damage was also incurred by the culprit of the accident. In this situation, he can receive compensation under comprehensive insurance (if available) or independently compensate for his losses.

Regulatory function of the Bank of Russia

The Bank of Russia performs a regulatory function in the field of compulsory motor liability insurance by establishing, in accordance with the Federal Law “On Compulsory Motor Liability Insurance”, economically justified maximum amounts of basic rates of insurance tariffs (their minimum and maximum values ​​expressed in rubles) and coefficients , requirements for the structure of insurance tariffs, as well as the procedure for their application by insurers when determining the insurance premium under a compulsory insurance contract (approved by Directive of the Bank of Russia dated September 19, 2014 N 3384-U “On the maximum amounts of base rates of insurance tariffs and insurance tariff coefficients, requirements for the structure of insurance tariffs, as well as the procedure their application by insurers when determining the insurance premium for compulsory civil liability insurance of vehicle owners") (Clause 1, Article 8 of the Federal Law “On Compulsory Motor Liability Liability Insurance”. Their validity period cannot be less than one year.

At the same time, the Bank of Russia is obliged to publish annual statistical data on compulsory insurance, including data on the amount of insurance premiums collected and on insurance compensation provided, on the number of reported and settled insurance cases, on the level of insurance compensation in the Russian Federation and in the constituent entities of the Russian Federation, as well as on The level of loss ratio of compulsory insurance is subject to official publication by the Bank of Russia (clauses 3, 5, article 8 of the Federal Law “On Compulsory Motor Liability Insurance”).

Insurers are prohibited from deviating from the base rates and coefficients established by the Bank of Russia, and the Bank of Russia also performs control functions in relation to insurers, including regarding the correctness of calculation of insurance premiums (Clause 6, Article 9 of the Federal Law “On Compulsory Motor Liability Insurance”). The maximum amount of the insurance premium under a compulsory insurance contract cannot exceed three times the base rate of insurance tariffs, adjusted taking into account the territory of primary use of the vehicle, and when applying the coefficients established in accordance with clause 3 of Art. 9 of the Federal Law “On Compulsory Motor Liability Liability Liability Liability Liability Liability Insurance”, - its fivefold size (Clause 4, Article 9 of the Federal Law “On Compulsory Motor Liability Liability Liability Liability Insurance”).

Duration of the MTPL agreement

The validity period of the contract is, as a rule, one year, with the exception of cases for which Art. 10 of the Federal Law “On Compulsory Motor Liability Insurance” provides for other validity periods for such an agreement. So, for example, owners of vehicles registered in foreign countries and temporarily used on the territory of the Russian Federation enter into compulsory insurance contracts for the entire period of temporary use of such vehicles, but not less than 5 days (clause 2 of article 10 of the Federal Law “ About OSAGO").

What documents will be required?

All fields of the insurance policy can be filled out only if the person taking out the insurance has a package of necessary documents.

To issue a policy you will need the following documents:

• Passport of a citizen of the Russian Federation. Any person over 18 years of age can act as an insured.
• Car owner's passport. A very important nuance - the insured can be not only the owner of the car, but also any other person authorized to drive this vehicle. We wrote more about this here.
• Vehicle registration certificate or certificate of registration.
• Driver's licenses of all persons authorized to drive a vehicle.
• Car diagnostic card (if the car is more than three years old).

Watch the video about what documents are required when applying for an MTPL policy:

Procedure in case of an insured event

Art. 11 of the Federal Law “On Compulsory Motor Liability Insurance” regulates the procedure for the actions of policyholders and victims in the event of an insured event. If the insured (or the driver driving the vehicle in the absence of the insured) is a participant in an accident, he is obliged to inform other participants in the said incident, upon their request , information about the compulsory insurance agreement under which the civil liability of the owners of this vehicle is insured (clause 1 of Art. 11 Federal Law “On Compulsory Motor Liability Insurance”).

About cases of harm caused when using a vehicle, which may entail civil liability of the policyholder, he is obliged to inform the insurer within the period established by the compulsory insurance contract and in the manner specified by this contract (paragraph 1, clause 2, article 11 of the Federal Law “On Compulsory Motor Liability Insurance”).

The rules of compulsory insurance establish that this notification must be made as soon as possible, but no later than five working days after the accident, in any way that provides confirmation of dispatch, to the insurer who insured the driver’s civil liability, or to the insurer’s representative in the constituent entity of the Russian Federation at the place of residence (location ) the victim or in the constituent entity of the Russian Federation on whose territory the traffic accident occurred (clause 3.8 of the Rules).

In this case, the insured, before satisfying the claims of the victims for compensation for the damage caused by them, must warn the insurer about this and act in accordance with its instructions, and if the insured is sued, involve the insurer in the case. Otherwise, the insurer has the right to raise in relation to the claim for insurance compensation the objections that it had in relation to claims for compensation for damage caused (paragraph 2, clause 2, article 11 of the Federal Law “On Compulsory Motor Liability Insurance”).

If the victim intends to exercise his right to insurance compensation, he is obliged to notify the insurer of the occurrence of an insured event at the first opportunity and, within the time limits established by the rules of compulsory insurance, send to the insurer an application for insurance compensation and documents provided for by the rules of compulsory insurance (clause 3 of article 11 Federal Law “On Compulsory Motor Liability Insurance”).

Insurance compensation

To resolve the issue of insurance compensation, the insurer accepts documents on a traffic accident, drawn up by authorized police officers, except for the case provided for in Article 11.1 of the Federal Law “On Compulsory Motor Liability Insurance” (clause 5 of Article 11). Such a document is a certificate of a traffic accident , issued by the police department responsible for road safety, in the form approved by order of the Ministry of Internal Affairs of the Russian Federation dated April 1, 2011 No. 154 (clause 3.10 of the Rules).

Drivers of vehicles involved in road accidents fill out notification forms (approved by Order of the Ministry of Internal Affairs of the Russian Federation dated April 1, 2011 No. 155 “On approval of the form for notification of a road traffic accident”) about a road traffic accident, issued by insurers. Drivers notify policyholders about a traffic accident and fill out forms for such notifications (clause 7, article 11 of the Federal Law “On Compulsory Motor Liability Insurance”).

Coefficients for calculating motor liability insurance

The cost of a compulsory motor third party liability insurance policy is determined using special coefficients. The key indicator among other indicators is the bonus-malus ratio (BMR).

To quickly calculate the cost of a policy and compare the price of insurance offers from different companies, we suggest using the online compulsory motor liability insurance calculator.

It allows the company to assess the risk of an insured event for each specific driver. Based on the CBM, the insurance class (aka accident-free class) of the driver is determined.

The bonus-malus indicator will be least beneficial for beginners and drivers with poor statistics on participation in road accidents. In total, there are 15 classes in the KBM system. Follow the link for details about the bonus-malus coefficient (BMC) and its classes.

In addition to the KBM, a number of additional parameters are also taken into account when calculating the cost:

1. Basic tariff (BT). Current rate for different types of vehicles, regulated by the Central Bank of Russia.
2. Territory coefficient (CT). It differs depending on the region of primary use of the vehicle.
3. Age-experience coefficient (AEC). Reflects the driving experience and age of drivers.
4. Engine power factor (PM). Used for passenger cars only. The greater the engine power, the higher the indicator will be.
5. Seasonality coefficient (SC). Applies if the policy is not purchased for the whole year and you plan to drive the vehicle in certain months. For example, it is relevant for summer residents.

The insurer is prohibited from taking into account factors such as religion, nationality, race or position of citizens when determining the cost of compulsory motor liability insurance.

Europrotocol

It is possible to prepare documents regarding an accident without the participation of authorized police officers (the so-called “Europrotocol”) in the manner established by the Bank of Russia, if the following circumstances exist simultaneously:

1. as a result of the accident, damage was caused only to the vehicles specified in subparagraph “b”;
2. a traffic accident occurred as a result of the interaction (collision) of two vehicles, the civil liability of whose owners is insured in accordance with the law on compulsory motor liability insurance;
3. the circumstances of harm in connection with damage to vehicles as a result of a road traffic accident, the nature and list of visible damage to vehicles do not cause disagreement between the participants in the accident and are recorded in the notification of the accident, the form of which is filled out by the drivers of the vehicles involved in the accident in accordance with the rules of compulsory insurance (Clause 1, Article 11.1 of the Federal Law “On Compulsory Motor Liability Insurance”).

In case of registration of documents about a road traffic accident without the participation of authorized police officers, the notification form for a road traffic accident, filled out in duplicate by the drivers of the vehicles involved in the road accident, is sent by these drivers to the insurers who insure their civil liability within five working days from the date of the accident. The victim sends to the insurer who insured his civil liability his copy of the jointly filled out form for notification of a road traffic accident along with an application for direct compensation for losses (clause 2 of article 11.1 of the Federal Law “On Compulsory Motor Liability Liability Insurance”).

In case of registration of documents about a traffic accident without the participation of authorized police officers, the owners of vehicles involved in the accident, at the request of the insurers specified in paragraph 2 of Art. 11.1, are obliged to submit the specified vehicles for inspection and (or) independent technical examination within five working days from the date of receipt of such a request.

To ensure the possibility of inspection and (or) independent technical examination of vehicles involved in a traffic accident, in the event of registration of documents on a traffic accident without the participation of authorized police officers, the owners of the specified vehicles without the written consent of the insurers indicated in paragraph 2 of Art. 11.1, should not begin their repair or disposal before the expiration of 15 calendar days , with the exception of non-working holidays, from the date of the accident (Clause 3, Article 11.1 of the Federal Law “On Compulsory Motor Liability Insurance”).

In case of registration of documents about an accident without the participation of authorized police officers, the amount of insurance compensation due to the victim for compensation for damage caused to his vehicle cannot exceed 50 thousand rubles (clause 4 of article 11.1 of the Federal Law “On Compulsory Motor Liability Insurance”).

Compensation for damage caused in kind. Compensation in kind

Art. 12 of the Federal Law “On Compulsory Motor Liability Insurance” determines the procedure for the implementation of insurance compensation for damage caused to the victim, which in some cases involves the payment of insurance compensation in cash or non-cash (clause 16.1), but mainly involves the organization and (or) payment for restoration repairs of the damaged vehicle of the victim (compensation for the damage caused harm in kind) (clause 15.1). Control over insurers' compliance with the procedure for making insurance compensation is carried out by the Bank of Russia. If the insurer fails to comply with the deadline for making insurance compensation or sends a reasoned refusal, the Bank of Russia issues an order to the insurer on the need to fulfill the obligations established by this article (paragraph 5, paragraph 21).

In order to establish the circumstances of damage to the vehicle, establish damage to the vehicle and their causes, technology, methods and cost of its restoration, an independent technical examination is carried out, carried out according to the rules approved. Regulation of the Bank of Russia dated September 19, 2014 No. 433-P “On the rules for conducting an independent technical examination of a vehicle,” using a unified methodology for determining the amount of costs for restoration repairs in relation to a damaged vehicle, which is approved. Regulation of the Bank of Russia dated September 19, 2014 No. 432-P “On a unified methodology for determining the amount of costs for restoration repairs in relation to a damaged vehicle” (clauses 1-3 of Article 12.1 of the Federal Law “On Compulsory Motor Liability Insurance”).

Watch the video about the priority of in-kind compensation

How to avoid buying a fake MTPL policy?

Today, the insurance industry is replete with a fairly large number of scammers who fraudulently embezzle money from car owners by selling them fake policies.

In order not to buy fake MTPL insurance, you must adhere to the following general recommendations:

1. Before purchasing a policy, you must ask a representative of the insurance company to show a license from the Central Bank of the Russian Federation to provide such services. It must be valid.
2. To apply for compulsory motor liability insurance, you should choose a reliable seller. This could be a sales office or the official website of the insurer. Purchasing a policy through various intermediaries and agents significantly increases the chances of purchasing a fake.
3. When applying for electronic MTPL, you must first study the insurance company’s website. Today there are many cases where fraudsters create clone pages of the largest insurers and sell fake policies through them.

REFERENCE!

As noted above, a complete list of organizations selling such insurance is reflected on the RCA page (along with links to their official websites). Therefore, it is from here that it is recommended to go to the web resource of a particular insurer.

1. When purchasing a policy through an agent, you must ask him for documents confirming the right to make such sales (for example, this may be an agreement concluded with an insurance company). It is also a good idea to call the relevant insurer and check to see if they work with a specific agent.
2. Having taken out insurance, it should be immediately checked for accuracy. This can be done online through the RSA website.
3. Having received the MTPL policy in your hands, you need to visually review it, paying attention to the following points: the presence of a watermark, the quality of the paper, the relief of the series and document number, the presence of a metal security thread that should pass through the entire form, etc.

IMPORTANT!

It should be understood that purchasing a fake MTPL policy can lead to very unpleasant consequences in the form of a fine, refusal to pay insurance compensation in the event of an accident, and prosecution for the use of fake documents.

Conditions for direct compensation of losses

Art. 14.1 of the Federal Law “On Compulsory Motor Liability Insurance” provides for the right to direct compensation for losses to the victim, which is possible if the following conditions simultaneously

• As a result of a traffic accident, damage was caused only to the vehicles specified in paragraphs. "b" clause 1 art. 14.1;
• a traffic accident occurred as a result of the interaction (collision) of two vehicles (including vehicles with trailers), the civil liability of the owners of which is insured in accordance with the Federal Law “On Compulsory Motor Liability Insurance”.

Right to appeal

The exercise of the right to direct compensation for losses does not limit the right of the victim to contact the insurer who insured the civil liability of the person who caused the harm, with a claim for compensation for harm caused to life or health, which arose after the filing of the claim for direct compensation for losses and which the victim did not know about the moment of presentation of the claim (clause 3 of article 14.1 of the Federal Law “On Compulsory Motor Liability Insurance”).

A victim who, in accordance with the Federal Law “On Compulsory Motor Liability Liability Insurance”, has the right to make a claim for compensation for damage caused to his property directly to the insurer who insured the civil liability of the victim, if the arbitration court makes a decision to declare such an insurer bankrupt and to open bankruptcy proceedings in accordance with the legislation on insolvency (bankruptcy) or in the event of revocation of his license to carry out insurance activities, he submits a claim for insurance compensation to the insurer who insured the civil liability of the person who caused the harm (clause 9 of Article 14.1 of the Federal Law “On Compulsory Motor Liability Insurance”).

When a victim submits an application for direct compensation for losses if the insurer does not have the opportunity to organize restorative repairs of the victim’s damaged vehicle at the service station specified by him when concluding a compulsory insurance contract, the victim has the right to choose compensation for damage caused in the form of an insurance payment or agree to carry out restorative repairs at another service station proposed by the insurer, confirming your consent in writing (clause 3.1 of article 15 of the Federal Law “On Compulsory Motor Liability Insurance”).

The compulsory insurance contract can be drawn up as an electronic document

A compulsory insurance contract can be drawn up in the form of an electronic document , taking into account the features established by the Federal Law “On Compulsory Motor Liability Insurance”.

The insurer is obliged to ensure the possibility of concluding a compulsory insurance contract in the form of an electronic document with each person who applies to it with an application for concluding a compulsory insurance contract in the form of an electronic document, in the manner prescribed by the law on compulsory motor liability insurance.

If the policyholder has expressed a desire to conclude a compulsory insurance contract in the form of an electronic document, the compulsory insurance contract must be concluded by the insurer in the form of an electronic document, taking into account the requirements established by the Federal Law of August 7, 2001 No. 115-FZ “On Anti-Legalization (AML/Claiming) proceeds from crime and the financing of terrorism.”

The creation and submission by the policyholder to the insurer of an application for concluding a compulsory insurance contract in the form of an electronic document is carried out using the official website of the insurer on the Internet. In this case, the specified official website of the insurer can be used as an information system that ensures the exchange of information in electronic form between the policyholder, the insurer, which is the operator of this information system, and the professional association of insurers, which is the operator of the automated information system of compulsory insurance, created in accordance with Art. 30 Federal Law “On Compulsory Motor Liability Insurance”.

After payment the policy is sent

Immediately after the policyholder pays the insurance premium under the compulsory insurance contract, the insurer sends the policyholder an insurance policy in the form of an electronic document, which is created using the automated compulsory insurance information system created in accordance with Article 30 of the law on compulsory motor liability insurance, and is signed with an enhanced qualified electronic signature of the insurer in compliance with the requirements Federal Law of April 6, 2011 No. 63-FZ “On Electronic Signatures”.

At the request of the policyholder, an insurance policy drawn up on a strict reporting form can be issued to him at the insurer's office free of charge or sent to the policyholder at his expense by mail. In this case, the price at which the policyholder pays for the service of sending him an insurance policy drawn up on a strict reporting form is indicated separately from the amount of the insurance premium under the compulsory insurance contract.

Simultaneously with sending the insurance policy to the policyholder in the form of an electronic document, the insurer enters information about the conclusion of a compulsory insurance agreement into the automated compulsory insurance information system created in accordance with Article 30 of the Federal Law “On Compulsory Motor Liability Insurance”.

Changing the information specified in the application for concluding a contract

During the period of validity of the compulsory insurance contract, the policyholder is immediately obliged to notify the insurer in writing of changes in the information specified in the application for concluding a compulsory insurance contract.

Upon receipt from the policyholder of a message about changes in the information specified in the application for concluding a compulsory insurance contract and (or) provided when concluding this contract, the insurer makes changes to the compulsory insurance insurance policy, as well as to the automated compulsory insurance information system created in accordance with Article 30 of the law on compulsory motor liability insurance, no later than five working days from the date of amendments to the compulsory insurance policy (clauses 8, 9, article 15 of the Federal Law “On compulsory motor liability insurance”).

What to do if your application is refused?

In some regions of the country, a situation has arisen where the amount of payments for insured events is as close as possible to the amount of fees. For many insurers, this situation turned out to be unprofitable and they began to refuse motorists to issue an MTPL policy. Such actions are illegal, therefore, if it is known that a given company has the right to sell this type of insurance product, it is necessary to file a complaint with one of the following authorities:

1. RSA.
2. Prosecutor's office.
3. Court.
4. Subdivision of the Central Bank of the Russian Federation in the region where the owner of the vehicle lives.
5. FAS.

According to Federal Law No. 223-FZ of July 21, 2014, an unlawful refusal to issue a policy will entail administrative liability. For officials, the fine can vary from 20 to 50 thousand rubles, for legal entities - from 100 to 300 thousand rubles. To confirm the fact of unlawful actions on the part of the insurer, you must have with you a written refusal to issue an MTPL policy.

Claim procedure for claims against the insurer

Before filing a claim against the insurer containing a claim for insurance compensation, the victim is obliged to contact the insurer with an application (claim) containing a claim for insurance compensation or direct compensation for losses, with documents attached to it provided for by the rules of compulsory insurance (paragraph 1, paragraph 1, Article 16.1 of the Federal Law “On Compulsory Motor Liability Insurance”).

The rights and legitimate interests of individuals who are victims or policyholders related to the failure or improper fulfillment by the insurer of obligations under the compulsory insurance contract are subject to protection in accordance with the Federal Law “On Compulsory Motor Liability Insurance” to the extent not regulated by this Federal Law “On Compulsory Motor Liability Insurance”.

Proper fulfillment by the insurer of its obligations under the compulsory insurance contract is the making of an insurance payment or the delivery of a repaired vehicle in the manner and within the established time frame.

The law provides for penalties and fines that can be collected in court.