Documents required when applying for compulsory motor insurance. Documents required when applying under MTPL Clause 4.23 of the MTPL rules

At the beginning of 2018, a law was introduced to the State Duma to increase the fine to 5,000 rubles. The issuance of the document is the prerogative of companies that are members of the Russian Union of Auto Insurers. The last changes to it were made on January 1, 2018.

What is OSAGO?

OSAGO is a type of compulsory insurance for drivers and owners Vehicle, adopted in 2003. The agreement regulates the mechanism for compensation for losses caused to road users as a result of an accident. In case of innocence, the policy holder is exempt from paying damages to third parties, which he assumes Insurance Company. Without a policy, registration with the traffic police is impossible; driving a car without a policy is prohibited and entails the imposition of penalties ranging from 5 to 8 minimum wages or the car being sent to an impound lot.

The form is stitched with metallized threads, and in the upper right corner contains a QR code, which is encrypted:

• insurance agency;
• number, term and date of issue of the document;
• vehicle registration details;
• VIN code;
• personal data of the policyholder and the owner of the car;
• list of drivers.

Information is available online on the RSA website. Additional options are specified in the insurance contract. Changes to the rules of compulsory motor liability insurance provide for the gradual abandonment of most mandatory clauses, in particular, cyber risks.

MTPL rules with latest changes

In paragraph 3 10 OSAGO rules spell out a new algorithm of actions and a package of documents required for insurance payments, in particular:

• a copy of a document confirming the identity of the victim;
• certificate of authority of the applicant;
• bank details for non-cash payments;
• resolution of the trustee bodies for compensation of damage to minors injured in an accident;
• a certificate from the scene of the accident, issued by police representatives in accordance with the order of the Ministry of Internal Affairs N 154 (04/01/2011);
• notification of an incident;
• copies of acts and decisions on the accident case.

The beneficiary has the right to submit documentation to the insurer in electronic format through an official resource, but this does not exempt him from written appeal. The electronic application is reviewed within 3 days.

In paragraph 3. 11 The new rules of compulsory motor liability insurance explain the procedure for the actions of the victim who has expressed his intention to receive compensation for losses. The law allows 5 days for the provision of a damaged car and property. The inspection is carried out by an independent expert within 5 days from the date of submission of the application and package of documents (clause 3.6). The results of the inspection are sent by mail. It provides for agreement between the parties to the insurance contract about the place and date of the inspection.

In accordance with clause 4.22 the procedure can be extended for a period not exceeding 20 days, after which it becomes impossible to make a decision on insurance compensation. If delivery of the car is impossible for technical reasons, this circumstance must be mentioned in the application, and an inspection will be carried out on site within 5 days. If the area where the accident occurred falls into the category of inaccessible areas, then the inspection period is extended to 10 days.

Clause 1.7. OSAGO rules allow the insurer to inspect the vehicle before signing the contract. If the document is drawn up in electronic form or the parties do not agree on the location of the inspection, then it is not carried out.

Point 4. 23. MTPL requirements explain the calculation procedure and the amount of insurance payments. A copy of the document is issued upon written application from the victim within 3 days from the date of its receipt. Holidays and weekends are not taken into account. The application must be submitted by the victim after drawing up the act, also within 3 days.

Clause 4. 19 allows the insurer to search for information in the competent authorities of the Russian Federation specified in 4.1, 4.2, 4.4 - 4.7, 4.13 and 4.18, and request only those documents that directly relate to insurance payments in specific case. If the missing documents do not affect the amount of compensation, then the decision on compensation can be made without them.

In paragraph 4.22 The conditions of compulsory motor liability insurance stipulate the terms for consideration of the beneficiary's application. A 20-day period is allotted for making a decision, which does not include holidays and weekends. It can be extended up to 30 days in the case provided for in clause 4.17.2. The countdown starts from the moment the application is received. The document drawn up by the insurer indicates the nature and causes of the accident, damage, and the amount of compensation. He is obliged to make a payment, send the vehicle for repairs or issue a refusal indicating the reasons in writing.

Within 15 days from the date of acceptance of the first application, the insurer has the right to consider the claims of other victims and make an appropriate decision. All payments are made at the same time. Late payment is paid in the amount of 1% of the due amount. If the refusal is not delivered on time, the penalty is 0.05% of the insurance; if repairs are delayed, 0.05% of the amount of compensation based on the victim’s application. The document specifies the details and method of calculation. The total amount of payments should not exceed the amount of compensation provided for by the Federal Law.

Clause 4.24 rules allows vehicle owners to demand partial compensation from the company for damages established by the insurer before determining the final amount.

Clause 4.21 MTPL requirements allow the policyholder to apply measures to reduce costs. The 2018 MTPL rules allow the insurer to take part in eliminating the consequences, provide transport to victims and agree on the amount of compensation with the insurer.

Clause 3.14 regulates that if there is any doubt about the existence of an insured event, the company has the right, within 10 days, to conduct, at its own expense, an inspection and examination of the equipment responsible for causing the damage. The results are endorsed by the expert, the insurer and the owner of the equipment. The current MTPL rules allow the insurer to reduce insurance compensation by a refusal if, before the inspection, part of the property was disposed of or repaired.

P 1.11 rules OSAGO prescribes the mandatory drawing up of an insurance contract in electronic form and making changes to it within 5 days. To protect data, an electronic signature is used, which is an electronic key that has access within the Unified Identification Number. Notifications to the policyholder are sent by email or via notifications to personal account. The new MTPL insurance rules allow, after concluding an electronic agreement, to receive a policy printed on a strict reporting form in the office.

Clause 5.1 contains information on the settlement of disputes between the beneficiary and the insurer. In case of violation of obligations or disagreement with the quality or timing of repairs, the amount of compensation or fulfillment of other obligations, the victim has the right to file a claim with a list of supporting documents. The time limit for consideration of a complaint is specified in Article 16.1 of the Federal Law “On Compulsory Insurance” .

Clause 33.1 regulates the possibility of early termination of an insurance contract, in which part of the insured amount is not returned. The procedure is carried out in cases of change of owner, false information received from the policyholder, revocation of a license and a number of other cases.

The latest changes included in clause 4.13 rules, allow the victim to conduct the examination independently before the visit of experts. It contains a list of documents that the victim must present if damage to his property is caused:

• property documents;
• expert opinion indicating damage and services for transportation costs for storage;
• evacuation of equipment and victims.

Download the new OSAGO rules

Car owners have the opportunity to download the document from the resource for free. Liberalization will be carried out in stages, and more accurate information will appear in the spring of this year. Starting from 2020, the Central Bank of the Russian Federation will completely eliminate tariff regulation, providing only mandatory insurance risks for the calculation of compulsory motor liability insurance.

(see text in the previous edition)

1. The victim has the right to present to the insurer a claim for compensation for damage caused to his life, health or property when using a vehicle, within the limits of the insured amount established by this Federal Law, by submitting to the insurer an application for insurance compensation or direct compensation for losses and documents provided for by the rules of mandatory insurance.

(see text in the previous edition)

An application for insurance compensation in connection with harm to the life or health of the victim is sent to the insurer that insured the civil liability of the person who caused the harm. An application for insurance compensation in connection with damage to the property of the victim is sent to the insurer that insured the civil liability of the person who caused the harm, and in the cases provided for in paragraph 1 of Article 14.1 of this Federal Law, an application for direct compensation for losses is sent to the insurer that insured the civil liability of the victim.

(see text in the previous edition)

An application from the victim containing a claim for insurance compensation or direct compensation for losses in connection with damage to his life, health or property when using a vehicle, with attached documents provided for by the rules of compulsory insurance, is sent to the insurer at the location of the insurer or a representative of the insurer authorized by the insurer to consideration of the specified claims of the victim and the implementation of insurance compensation or direct compensation for losses.

(see text in the previous edition)

The location and postal addresses of the insurer, as well as all representatives of the insurer, means of communication with them and information about their working hours must be indicated in the list of representatives of the insurer, which is an appendix to the insurance policy.

If there are insufficient documents confirming the occurrence of an insured event and the amount of damage to be compensated by the insurer, the insurer, within three working days from the date of receipt by mail, and when contacting the insurer in person on the day of filing an application for insurance compensation or direct compensation for losses, is obliged to report this victim with instructions full list missing and/or incorrectly executed documents.

(see text in the previous edition)

The exchange of necessary documents on insurance compensation to check their completeness, at the request of the victim, can be carried out in electronic form, which does not exempt the victim from submitting written documents on insurance compensation to the insurer at the location of the insurer or the insurer's representative. The insurer is obliged to ensure that the applicant's appeal sent in the form of an electronic document is considered and a response is sent to him within the period agreed upon by the applicant with the insurer, but no later than three working days from the date of receipt of the said appeal.

(see text in the previous edition)

The insurer has no right to demand from the victim the submission of documents not provided for by the rules of compulsory insurance.

2. Insurance payment, due to the victim for causing harm to his health as a result of a road traffic accident, is carried out in accordance with this Federal Law to compensate for the costs associated with restoring the victim’s health and his lost earnings (income) in connection with the harm to health as a result of a road traffic accident. transport accident.

Insurance payment for personal injury in terms of reimbursement of necessary expenses for restoring the victim’s health is carried out by the insurer on the basis of documents issued by authorized police officers and confirming the fact of a traffic accident, and medical documents, presented by medical organizations that provided medical assistance to the victim in connection with the insured event, indicating the nature and extent of damage to the victim’s health. The amount of insurance payment in terms of compensation for the necessary expenses for restoring the victim’s health is determined in accordance with the standards and in the manner established by the Government Russian Federation, depending on the nature and extent of damage to the victim’s health, within the limits of the insured amount established by subparagraph “a” of Article 7

Information about the insurance policy number and the name of the insurer who insured the civil liability of the owner of the vehicle at fault in the traffic accident is provided to the pedestrian injured in such a traffic accident, or his representative on the day of contacting the police department, whose employees drew up documents about such traffic accident.

3. After making an insurance payment to the victim for causing harm to his health in accordance with paragraph 2 of this article, the insurer additionally makes an insurance payment in the following case:

a) if, based on the results of a medical examination or research carried out, including by forensic medical examination institutions, in proceedings on an administrative offense, in criminal proceedings, as well as on the appeal of the victim, it is established that the nature and degree of damage to the victim’s health corresponds to a larger amount insurance payment than was initially determined on the basis of the standards established by the Government of the Russian Federation. The size of the additional insurance payment is determined by the insurer as the difference between the amount to be paid corresponding to the established nature of damage to the victim’s health according to the expert opinion submitted by him, and the insurance payment previously made in accordance with paragraph 2 of this article for causing harm to the victim’s health;

b) if, as a result of harm caused to the health of the victim as a result of a road traffic accident, based on the results of a medical and social examination, the victim is assigned a disability group or the category “disabled child”. The size of the additional insurance payment is determined by the insurer as the difference between the amount to be paid corresponding to the disability group or the “disabled child” category indicated in the conclusion of the medical and social examination according to the standards established by the Government of the Russian Federation, and the amount previously paid in accordance with paragraph 2 of this article of the insurance payment for causing harm to the health of the victim.

4. In the event that additional expenses incurred by the victim for treatment and restoration of the victim’s health damaged as a result of a road traffic accident (expenses for medical rehabilitation, purchase medicines, prosthetics, orthotics, outside care, sanatorium-resort treatment and other expenses) and the earnings (income) lost by the victim due to harm to his health as a result of a traffic accident exceeded the amount of insurance payment made to the victim in accordance with paragraphs 2 and this article , the insurer compensates for these expenses and lost earnings (income) upon confirmation that the victim needed these types of assistance, as well as upon documentary confirmation of the amount of lost earnings (income) that the victim had or could definitely have at the time of the insured event. The amount of insurance payment made in accordance with this paragraph is determined by the insurer as the difference between the lost earnings (income) of the victim, as well as additional expenses, confirmed by documents, which are provided for by the rules of compulsory insurance, and the total amount of insurance payment made in accordance with paragraphs 2 and this article for causing harm to the victim's health.

5. Insurance payment in terms of compensation for lost earnings (income) by the victim is made at a time or in another manner established by the rules of compulsory insurance.

The total amount of insurance payment for causing harm to the health of the victim, made in accordance with paragraphs 2 of this article, cannot exceed insurance amount, established by subparagraph "a" of Article 7 of this Federal Law.

Insurance payment for causing harm to the health of the victim is made to the victim or to persons who are representatives of the victim and whose authority to receive insurance payment is duly certified.

6. In the event of the death of the victim, the right to compensation for harm has the right, in accordance with civil law, to compensation for harm in the event of the death of the breadwinner; in the absence of such persons - the spouse, parents, children of the victim, citizens who depended on the victim, if he had no independent income (beneficiaries).

7. The amount of insurance payment for causing harm to the life of the victim is:

no more than 25 thousand rubles for reimbursement of funeral expenses - to persons who incurred such expenses.

8. The insurer within 15 calendar days, excluding non-working days holidays, from the date of acceptance of the first application for insurance compensation in terms of compensation for harm caused to the life of the victim as a result of an insured event, accepts applications for insurance compensation and documents provided for by the rules of compulsory insurance from other beneficiaries. Within five calendar days, excluding non-working holidays, after the end of specified period accepting applications from persons entitled to compensation for damage in the event of the death of the victim, the insurer makes an insurance payment.

(see text in the previous edition)

The insurance payment, the amount of which is established by paragraph two of clause 7 of this article, is distributed equally among persons entitled to compensation for damage in the event of the death of the victim. Insurance payment in terms of compensation for damage caused to the life of the victim is made at a time.

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

(see text in the previous edition)

9. The victim or beneficiary is obliged to provide the insurer with all documents and evidence, as well as provide all information known to him confirming the scope and nature of the harm caused to the life or health of the victim.

9.1. If several participants in a traffic accident are found liable for damage caused to the life or health of a victim during the occurrence of the same insured event, insurers jointly and severally make an insurance payment to the victim in terms of compensation for said damage in the manner prescribed by paragraph 22 of this article. In this case, the total amount of the insurance payment made by the insurers cannot exceed the amount of the insurance amount provided for in subparagraph “a” of Article 7 of this Federal Law.

10. In case of damage to property, in order to clarify the circumstances of the damage and determine the amount of losses to be compensated by the insurer, the victim intends to exercise his right to insurance compensation or direct compensation for losses, within five working days from the date of filing the application for insurance compensation and the attached documents in accordance with the rules of compulsory insurance of documents, he is obliged to present the damaged vehicle or its remains for inspection and (or) independent technical examination carried out in the manner established by Article 12.1 of this Federal Law, other property for inspection and (or) independent examination (assessment) carried out in the manner established by the legislation of the Russian Federation, taking into account the specifics established by this Federal Law.

(see text in the previous edition)

If the inspection and (or) independent technical examination, independent examination (assessment) of the damaged vehicle, other property or its remains presented by the victim does not allow reliably establishing the existence of an insured event and determining the amount of losses subject to compensation under the compulsory insurance contract, to determine of these circumstances, the insurer, within 10 working days from the moment the victim submits an application for insurance compensation, has the right to inspect the vehicle, during the use of which damage was caused to the victim’s property, and (or) at its own expense, organize and pay for an independent technical examination of this vehicle in in the manner established by Article 12.1 of this Federal Law. The owner of the vehicle, during the use of which the property of the victim was damaged, is obliged to present this vehicle at the request of the insurer.

(see text in the previous edition)

In the event that the nature of the damage or the characteristics of the damaged vehicle or other property exclude its presentation for inspection and independent technical examination, independent examination (assessment) at the location of the insurer and (or) expert (for example, damage to the vehicle that excludes its participation in traffic), this is indicated in the application and the specified inspection and independent technical examination, independent examination (assessment) are carried out at the location of the damaged property within a period of no more than five working days from the date of filing the application for insurance compensation and attached to it in accordance with the rules of mandatory document insurance.

(see text in the previous edition)

11. The insurer is obliged to inspect the damaged vehicle, other property or its remains and (or) organize their independent technical examination, independent examination (assessment) within a period of no more than five working days from the date of receipt of the application for insurance compensation or direct compensation for losses with attached documents provided for by the rules of compulsory insurance, and familiarize the victim with the results of the inspection and independent technical examination, independent examination (assessment), unless another period is agreed upon by the insurer with the victim. An independent technical examination or an independent examination (assessment) is organized by the insurer if contradictions are discovered between the victim and the insurer regarding the nature and list of visible damage to property and (or) the circumstances of harm in connection with damage to property as a result of a road traffic accident.

(see text in the previous edition)

If the victim fails to provide the damaged property or its remains for inspection and (or) independent technical examination, independent examination (assessment) on the date agreed with the insurer, the insurer agrees with the victim a new date for inspection and (or) independent technical examination, independent examination (assessment) of the damaged property. property or its remains. Moreover, if the victim fails to fulfill the obligation established by paragraphs 10 and this article to present the damaged property or its remains for inspection and (or) independent technical expertise, independent examination (assessment), the deadline for the insurer to make a decision on insurance compensation, determined in accordance with paragraph 21 of this article , may be extended for a period not exceeding the number of days between the date the victim presented the damaged property or its remains and the date of inspection and (or) independent technical examination, independent examination (assessment) agreed upon with the victim, but not more than 20 calendar days, beyond excluding non-working holidays.

(see text in the previous edition)

The compulsory insurance contract may provide for other periods during which the insurer is obliged to arrive for inspection and (or) independent technical examination, independent examination (assessment) of damaged property or its remains, if they are carried out in hard-to-reach, remote or sparsely populated areas.

If the victim fails to provide damaged property or its remains for inspection and (or) independent technical examination, independent examination (assessment) on the date agreed with the insurer in accordance with paragraphs one and two of this paragraph, the victim does not have the right to independently organize an independent technical examination or independent examination ( assessment) on the basis of paragraph two of paragraph 13 of this article, and the insurer has the right to return without consideration the application submitted by the victim for insurance compensation or direct compensation for losses, along with the documents provided for by the rules of compulsory insurance.

(see text in the previous edition)

The results of an independent technical examination, independent examination (assessment) of damaged property or its remains independently organized by the victim are not accepted to determine the amount of insurance compensation if the victim did not present the damaged property or its remains for inspection and (or) an independent technical examination, independent examination ( assessments) on the dates agreed with the insurer in accordance with paragraphs one and two of this paragraph.

(see text in the previous edition)

In the event that the insurer returns to the victim, on the basis of paragraph four of this paragraph, an application for insurance compensation or direct compensation for losses, together with the documents provided for by the rules of compulsory insurance, the terms established by this Federal Law for the insurer to inspect the damaged property or its remains and (or) organize their independent technical examination , independent examination (assessment), as well as the time frame for the insurer to make an insurance payment or issue a referral for repairs to the victim or send him a reasoned refusal of insurance compensation, are calculated from the day the victim re-submits to the insurer an application for insurance compensation or direct compensation for losses, together with the documents provided for by the rules of mandatory insurance.

(see text in the previous edition)

12. If, based on the results of an inspection of the damaged property or its remains by the insurer, the insurer and the victim agreed on the amount of insurance compensation and do not insist on organizing an independent technical examination or an independent examination (assessment) of the damaged property or its remains, the examination is not carried out.

(see text in the previous edition)

13. If, after an inspection of the damaged property or its remains by the insurer, the insurer and the victim have not reached agreement on the amount of insurance compensation, the insurer is obliged to organize an independent technical examination, an independent examination (assessment), and the victim is obliged to present the damaged property or its remains for an independent technical examination , independent examination (assessment).

(see text in the previous edition)

If the insurer has not inspected the damaged property or its remains and (or) has not organized an independent technical examination, an independent examination (assessment) of the damaged property or its remains within the period established by paragraph 11 of this article, the victim has the right to apply independently for a technical examination or examination (assessment). In this case, the results of an independent technical examination or independent examination (assessment) independently organized by the victim are accepted by the insurer to determine the amount of insurance compensation.

(see text in the previous edition)

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

(see text in the previous edition)

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

(see text in the previous edition)

by organizing and paying for the restoration of the damaged vehicle of the victim at the station Maintenance, which was chosen by the victim in agreement with the insurer in accordance with the rules of compulsory insurance and with which the insurer entered into an agreement to organize restoration repairs (compensation for damage caused in kind);

(see text in the previous edition)

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

(see text in the previous edition)

15.1. Insurance compensation for damage caused to a passenger car owned by a citizen and registered in the Russian Federation is carried out (except for the cases established by paragraph 16.1 of this article) in accordance with paragraph 15.2 of this article or in accordance with paragraph 15.3 of this article by organizing and (or ) payment for restoration repairs of the victim’s damaged vehicle (compensation for damage caused in kind).

The insurer, after inspecting the damaged vehicle of the victim and (or) conducting an independent technical examination of it, issues the victim a referral for repairs to a technical service station and pays the cost of the restoration repair of the damaged vehicle of the victim carried out by such station in the amount determined in accordance with the unified methodology for determining the amount of expenses for restoration repairs in relation to the damaged vehicle, taking into account the provisions of paragraph two of paragraph 19 of this article.

When carrying out restoration repairs in accordance with paragraphs 15.2 and 15.3 of this article, the use of used or restored components (parts, assemblies, assemblies) is not allowed if, in accordance with the unified methodology for determining the amount of costs for restoration repairs in relation to a damaged vehicle, replacement is required components (parts, units, assemblies). Otherwise may be determined by agreement between the insurer and the victim.

The minimum warranty period for work on the restoration of a damaged vehicle is 6 months, and for body work and work related to the use paint and varnish materials, 12 months.

If deficiencies in the restoration repair of a damaged vehicle are identified, they are eliminated in the manner established by paragraph 15.2 or 15.3 of this article, unless an agreement concluded in writing between the insurer and the victim chooses another method of eliminating these deficiencies.

The claim of the victim to the insurer regarding the results of the restoration repair of the damaged vehicle is considered taking into account the specifics established by Article 16.1 of this Federal Law.

15.2. Requirements for organizing restoration repairs include:

the period for carrying out restorative repairs of the damaged vehicle (but not more than 30 working days from the date the victim presented such a vehicle to a service station or transferred such a vehicle to the insurer to organize its transportation to the place of restorative repairs);

criteria for accessibility for the victim to the place of restoration of the damaged vehicle (at the same time, at the choice of the victim, the maximum length of the route laid on the roads common use, from the place of the traffic accident or the place of residence of the victim to the service station cannot exceed 50 kilometers, except if the insurer organized and (or) paid for the transportation of the damaged vehicle to the place of restoration and back);

requirement to maintain the warranty obligations of the vehicle manufacturer (restorative repairs of a vehicle less than two years have passed since its production year must be carried out by a service station that is a legal entity or individual entrepreneur registered on the territory of the Russian Federation and providing service for such vehicles on its own name and at your own expense in accordance with an agreement concluded with the manufacturer and (or) importer (distributor) of vehicles of certain brands).

If the insurer has entered into an agreement to organize restoration repairs with a service station that meets the requirements established by the rules of compulsory insurance for organizing restoration repairs in relation to a specific victim, the insurer sends his vehicle to this station to carry out restoration repairs of such a vehicle.

If none of the stations with which the insurer has concluded contracts for organizing restoration repairs does not comply with the requirements established by the rules of compulsory insurance for organizing restoration repairs in relation to a specific victim, the insurer, with the consent of the victim in writing, may issue the victim a referral for repairs to one of such stations. In the absence of this consent, compensation for damage caused to the vehicle is carried out in the form of an insurance payment.

15.3. With the consent of the insurer in writing, the victim has the right to independently organize the restoration of his damaged vehicle at a service station with which the insurer does not have an agreement to organize the restoration repair at the time the victim submits an application for insurance compensation or direct compensation for losses. In this case, the victim, in an application for insurance compensation or direct compensation for losses, indicates the full name of the selected service station, its address, location and payment details, and the insurer issues a referral to the victim for repairs and pays for the restoration repairs carried out.

16. Compensation for damage caused to the victim’s property other than a vehicle is carried out in the manner established by paragraph three of paragraph 15 of this article.

16.1. Insurance compensation for damage caused to a passenger car owned by a citizen and registered in the Russian Federation is carried out by issuing the amount of the insurance payment to the victim (beneficiary) at the insurer's cash desk or transferring the amount of the insurance payment to the bank account of the victim (beneficiary) (cash or non-cash payment) in case:

a) complete loss of the vehicle;

b) death of the victim;

c) causing serious or moderate harm to the health of the victim as a result of the occurrence of an insured event, if the victim chose this form of insurance compensation in the application for insurance compensation;

d) if the victim is a disabled person specified in paragraph one of paragraph 1 of Article 17 of this Federal Law, and in the application for insurance compensation chose this form of insurance compensation;

E) if the cost of restorative repairs of a damaged vehicle exceeds that established by subparagraph "b" of Article 7, paragraph 22 of this article, all participants in a traffic accident are found responsible for the damage caused, provided that in these cases the victim does not agree to make an additional payment for the repair of the service station;

g) the existence of a written agreement between the insurer and the victim (beneficiary).

17. If, in accordance with paragraph two of clause 15 or clauses 15.1 - 15.3 of this article, compensation for damage is carried out by organizing and (or) paying for the restoration of the damaged vehicle, the victim indicates this in the application for insurance compensation or direct compensation for losses.

(see text in the previous edition)

The insurer posts on its official website on the Internet information and telecommunications network information about the list of service stations with which it has concluded contracts for the organization of restoration repairs, indicating the addresses of their location, the make and year of manufacture of the vehicles they service, and approximate terms carrying out restoration repairs depending on the volume of work performed and workload, information about their compliance with the requirements established by the rules of compulsory insurance for the organization of restoration repairs and keeps it up to date. The insurer is obliged to provide this information to the victim (beneficiary) for him to select a service station when contacting the insurer with an application for insurance compensation or direct compensation for losses.

(see text in the previous edition)

Changes in the scope of work for restorative repairs of a damaged vehicle, the period and conditions for carrying out restorative repairs must be agreed upon by the service station with the insurer and the victim.

(see text in the previous edition)

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

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

The direction for repairs issued by the insurer on the basis of the second paragraph of paragraph 15 of this article indicates the possible amount of additional payment made to the service station by the victims for restoration repairs on the basis of the second paragraph of paragraph 19 of this article.

(see text in the previous edition)

If the cost of restoration of a damaged vehicle, payable by the insurer in accordance with paragraph 15.2 or 15.3 of this article, exceeds the insurance amount established by subparagraph "b" of Article 7 of this Federal Law or maximum size insurance compensation established for cases of registration of documents about a traffic accident without the participation of authorized police officers, or if, in accordance with paragraph 22 of this article, all participants in the traffic accident are found responsible for the harm caused and the victim agrees in writing to the payment additional payments for carrying out restorative repairs of a damaged vehicle, the insurer determines the amount of additional payment that the victim will have to make to the service station, and indicates it in the direction issued to the victim for repairs.

The insurer's obligations to organize and pay for restoration repairs of the victim's vehicle, accepted by it on the basis of the second paragraph of clause 15 or clauses 15.1 - 15.3 of this article, are considered to be fulfilled by the insurer properly from the moment the victim receives the repaired vehicle.

(see text in the previous edition)

Responsibility for the failure of the service station to comply with the deadline for transferring the repaired vehicle to the victim, as well as for violation of other obligations for the restoration of the victim’s vehicle, lies with the insurer who issued the referral for repair.

(see text in the previous edition)

17.1. If the Bank of Russia detects repeated (two or more times) within one year violations by the insurer of obligations for restoration repairs, including obligations for its organization and (or) payment, the Bank of Russia has the right to decide to limit the implementation by such insurer of compensation for damage caused in in kind in accordance with paragraphs 15.1 - 15.3 of this article for a period of up to one year (hereinafter referred to as the decision on limitation). The insurer that has received a decision on the limitation, in relation to victims applying for insurance compensation for damage or direct compensation for losses after the date of the decision on the limitation, compensates for the damage caused to the vehicle in the form of an insurance payment, except for the case when the victim, notified the insurer regarding the decision to limit it, confirms its agreement to compensate for the damage caused to its vehicle in kind. In this case, the insurer organizes and (or) pays for the restoration repair of the damaged vehicle in accordance with

4.4.5. If during the life of the victim an insurance payment was made for causing harm to health, it is withheld from the amount of the insurance payment for compensation for harm in connection with the death of the victim resulting from the same insured event.

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

a copy of the death certificate;

documents confirming funeral expenses incurred.

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

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

an extract from the medical history issued by a medical organization;

documents confirming payment for the services of a medical organization;

documents confirming payment for purchased medications.

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

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

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

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

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

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

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

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

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

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

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

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

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

documents confirming payment for the purchased special vehicle;

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

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

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

document confirming payment for vocational training (retraining).

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

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

documents confirming payment of such expenses.

4.8. The insurer, in agreement with the victim, has the right to make a partial insurance payment on the basis of documents on the provision of services, the need for which was caused by the insured event, and on their payment, or pay for these services directly to the medical organization that provided them.

4.9. Payment of the insurance amount for harm caused to the life or health of the victim is made regardless of the amounts due to him under social security and compulsory and voluntary personal insurance contracts.

4.10. State bodies social insurance and social security, as well as medical insurance organizations do not have the right to make recourse claims against the insurer providing compulsory insurance.

4.11. Until April 1, 2015, the amount of insurance payment for causing harm to the life of the victim is:

135 thousand rubles - to persons entitled, in accordance with civil law, to compensation for damage in the event of the death of the victim (breadwinner);

no more than 25 thousand rubles for reimbursement of funeral expenses - to persons who incurred these expenses.

At the same time, the right to receive insurance compensation in the event of harm to the life of the victim (breadwinner) is granted to persons who, in accordance with civil law, have the right to compensation for harm in the event of the death of the victim (breadwinner).

Until April 1, 2015, in order to receive insurance compensation in the event of harm to the life or health of the injured person, those entitled to receive insurance compensation provide the insurer with the documents provided for in clauses 3.10, 4.1, 4.2, paragraphs four to ten of clause 4.4, clauses 4.5 - 4.7 of these Rules

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

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

in the event of complete loss of the victim's property - the actual value of the property on the day of the insured event minus the value of the usable remains, in the case of damage to the property - the costs necessary to bring the property to the condition in which it was before the occurrence of the insured event;

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

4.13. If damage is caused to the property of the victim (vehicles, buildings, structures, structures, other property of individuals, legal entities) in addition to the documents provided for in paragraph 3.10 of these Rules, the victim submits:

documents confirming the victim’s ownership of the damaged property or the right to insurance compensation in case of damage to property owned by another person;

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

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

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

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

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

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

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

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

in the event of complete loss of the victim's property (if repair of the damaged property is impossible or the cost of repairing the damaged property is equal to its value or exceeds its value on the date of the insured event) - in the amount of the actual value of the property on the day of the insured event minus the value of the usable remains;

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

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

If the victim receives compensation in kind for the damage caused, restoration costs are paid by the insurer in accordance with the agreement providing for the repair of the victims’ vehicles, concluded between the insurer and the vehicle maintenance station to which the victim’s vehicle was sent for repair.

When determining the amount of restoration costs, wear and tear of parts, assemblies and assemblies are taken into account. The amount of costs for spare parts is determined taking into account the wear and tear of components (parts, assemblies and assemblies) to be replaced during restoration repairs. At the same time, depreciation of more than 50 percent of their value cannot be charged on the specified components (parts, assemblies and assemblies).

4.16. The costs of restoring damaged property include:

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

expenses for work associated with such repairs;

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

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

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

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

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

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

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

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

about the victim to whom such a referral was issued;

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

about the vehicle subject to repair;

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

about the period of repair;

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

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

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

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

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

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

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

The amount of insurance compensation for each insured event cannot exceed the amount established by the Federal Law "On compulsory insurance civil liability of vehicle owners" insurance amount, and in the event of registration of a traffic accident without the participation of authorized police officers, cannot exceed the maximum amount payable by the insurer in such a case.

Under compulsory insurance contracts concluded before October 1, 2014, payment of insurance compensation for damage caused to the property of the victim(s) is made taking into account the following condition: if the insurance payment is paid to several victims and the amount of their claims presented to the insurer on the day of the first insurance payment , exceeds the established insurance amount, insurance payments are made in proportion to the ratio of this insurance amount to the amount of the specified claims of the victims (taking into account the limitation on the amount of insurance payment in terms of compensation for damage caused to the property of one victim).

Information about changes:

By Directive of the Bank of Russia dated April 6, 2017 N 4347-U, the appendix was supplemented with clause 14.17.1

4.17.1. Insurance compensation for damage caused to a passenger car owned by a citizen and registered in the Russian Federation is carried out (except for the cases established by clause 16.1 of Article 12 of the Federal Law "On compulsory insurance of civil liability of vehicle owners") in accordance with clause 15.2 or 15.3 of the article 12 of the Federal Law “On compulsory civil liability insurance of vehicle owners” by organizing and (or) paying for restoration repairs of the damaged vehicle of the victim.

When compensating for damage caused on the basis of this clause, the insurer issues to the victim, within the time limits provided for in clause 4.22 of these Rules, a referral for repairs, which must necessarily contain the information provided for in paragraphs seven to eleven of clause 4.17 of these Rules.

The insurer is obliged to ensure that the victim is informed about the date of transfer of the repaired vehicle to him in the manner specified in the application for insurance compensation or direct compensation for losses.

Information about changes:

By Directive of the Bank of Russia dated April 6, 2017 N 4347-U, the appendix was supplemented with clause 14.17.2

4.17.2. A victim who intends to receive insurance compensation for damage caused in the manner established by clause 15.3 of Article 12 of the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” indicates in the application for insurance compensation or direct compensation for losses the full name, address (location) and payment details a service station where he intends to arrange for the repair of a damaged vehicle. The insurer, within 15 calendar days, excluding non-working holidays, after receiving such an application and the documents attached to it, provided for by these Rules, notifies the victim in writing of the approval of repairs at the specified service station or of the refusal of such approval.

In the absence of the written consent of the insurer to pay the cost of restoration of the service station, provided for in clause 15.3 of Article 12 of the Federal Law "On compulsory civil liability insurance of vehicle owners", insurance compensation for damage is carried out in accordance with clause 15.2 of Article 12 of the Federal Law "On compulsory civil liability insurance" responsibility of vehicle owners."

4.18. If a criminal case has been initiated on the basis of a traffic accident, the victim provides the insurer with documents from the investigative and (or) judicial authorities on the initiation, suspension or refusal to initiate a criminal case, or a court decision that has entered into legal force.

4.19. The insurer has the right to independently request bodies and organizations in accordance with their competence, defined by the legislation of the Russian Federation, to provide documents provided for in paragraphs 4.1, 4.2, 4.4 - 4.7, 4.13 and 4.18 of these Rules. The insurer has the right to request the provision of only those documents that are necessary to resolve the issue of insurance compensation, taking into account the nature of the damage caused to a particular victim. The insurer has the right to make a decision on insurance compensation in the event of failure to provide any of the documents specified in these Rules, if their absence does not affect the determination of the amount of insurance compensation.

Documents and conclusions necessary to resolve the issue of payment of insurance amounts under a compulsory insurance contract are provided upon request of the insurer free of charge.

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

4.21. The policyholder takes reasonable and available measures under the circumstances to reduce losses. Expenses incurred in order to reduce losses (providing a vehicle to deliver a victim in a traffic accident to a medical organization, participation in eliminating the consequences of a traffic accident, etc.) are reimbursed by the insurer, even if the corresponding measures were unsuccessful. The degree of participation of the policyholder in reducing the damage caused by the vehicle and the amount of reimbursement of costs are determined by agreement with the insurer.

4.22. The insurer considers the victim's application for insurance compensation or direct compensation for losses and the documents provided for in paragraphs 3.10, 4.1, 4.2, 4.4 - 4.7 and 4.13 of these Rules within 20 calendar days, with the exception of non-working holidays, and in the case provided for in paragraph 4.17.2 of these Rules Rules, 30 calendar days, excluding non-working holidays, from the date of their receipt.

During the specified period, the insurer is obliged to draw up a document confirming the insurer’s decision to provide insurance compensation or direct compensation for losses, recording the causes and circumstances of a road traffic accident that is an insured event, its consequences, the nature and amount of damage incurred, the amount of the insured amount payable (hereinafter - an insured event report), and make an insurance payment, and in the case of compensation in kind, issue a direction to the victim for repairs (in the latter case, an insured event report is not drawn up by the insurer) or send a written notice of refusal of insurance payment or refusal in issuing a referral for repairs indicating the reasons for the refusal.

The insurer, within 15 calendar days, with the exception of non-working holidays, from the date of acceptance of the first application for insurance compensation in terms of compensation for damage caused to the life of the victim as a result of an insured event, accepts applications for insurance compensation and the documents provided for in paragraphs 3.10, 4.4, 4.5 of these Rules from other beneficiaries. Within five calendar days, with the exception of non-working holidays, after the end of the specified period for accepting applications from persons entitled to compensation for damage in the event of the death of the victim, the insurer is obliged to draw up an act on the insured event, on the basis of it, make a decision on making an insurance payment, carry out insurance payment or send a written notice of complete or partial refusal to make insurance payment, indicating the reasons for the refusal. Insurance payment in terms of compensation for damage caused to the life of the victim is made at a time.

If the deadline for making an insurance payment or issuing a referral to repair a vehicle to the victim is not met, the insurer shall pay the victim a penalty (penalty) for each day of delay in the amount of one percent of the amount of insurance compensation determined in accordance with the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners.”

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

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

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

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

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

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

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

4.26. If insurance compensation, refusal of insurance compensation or change in its amount depend on the results of proceedings in a criminal or civil case or a case of an administrative offense, the period for making insurance compensation or part thereof may be extended until the end of the said proceedings and the entry into force of the court decision.

4.27. Compensation for damage is made by issuing the amount of the insurance payment in cash or transferring it by bank transfer or by issuing a referral for repair of the damaged vehicle in accordance with paragraphs 4.17, 4.17.1 or 4.17.2 of these Rules.

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

circumstances of force majeure or intent of the victim;

exposure to a nuclear explosion, radiation or radioactive contamination;

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

civil war, civil unrest or strikes;

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

(valid from 04/13/2008, clauses 41.1 and 41.2 come into force from 12/01/2008, clauses 48.1 - 48.3 come into force from 07/01/2008)

ABOUT APPROVAL OF THE RULES

In accordance with the Federal Law “On Compulsory Civil Liability Insurance of Vehicle Owners,” the Government of the Russian Federation decides:

1. Approve the attached Rules for compulsory civil liability insurance of vehicle owners.

Chairman of the Government

Russian Federation

M. KASYANOV

Approved

Government Decree

Russian Federation

RULES

COMPULSORY CIVIL LIABILITY INSURANCE

VEHICLE OWNERS

I. General provisions

1. These Rules define the standard conditions in accordance with which a contract of compulsory insurance of civil liability of vehicle owners is concluded (hereinafter referred to as the compulsory insurance contract).

2. When implementing compulsory insurance of civil liability of vehicle owners (hereinafter referred to as compulsory insurance), the insurer undertakes, for the fee (insurance premium) stipulated by the compulsory insurance contract, upon the occurrence of an event (insured event) provided for in these Rules, to make an insurance payment to the victim (third party) in order to compensation for harm caused to the life, health or property of the victim, within the limits of the amount specified in the contract (sum insured).

3. The risk of civil liability of vehicle owners is not subject to compulsory insurance in accordance with these Rules:

a) the maximum design speed of which is no more than 20 km/h;

b) to which according to them technical specifications 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 do not apply;

c) which are at the disposal of the Armed Forces of the Russian Federation, with the exception of buses, cars and trailers for them, and other vehicles used to support the economic activities of the Armed Forces of the Russian Federation;

d) registered in foreign countries, if the civil liability of the owners of such vehicles is insured within the framework of international systems of civil liability insurance for vehicle owners, the member of which is a professional association of insurers operating in accordance with the Federal Law “On compulsory civil liability insurance of vehicle owners;

e) in relation to trailers for passenger cars owned by citizens.

4. These Rules use the following concepts:

"vehicle" - a device intended for the transport on roads of people, goods or equipment installed on it. A vehicle is also a trailer (semi-trailer and trailer), not equipped with an engine and intended to be driven in conjunction with a power-driven vehicle. The vehicle is allowed to participate in road traffic in accordance with the legislation of the Russian Federation;

"use of a vehicle" - operation of a vehicle associated with its participation in traffic on roads (road traffic), except railways, as well as in areas adjacent to them and intended for the movement of vehicles (yards, residential areas, vehicle parking, gas stations and other areas). The operation of equipment installed on a vehicle and not directly related to the participation of the vehicle in road traffic does not constitute the use of the vehicle;

“limited use of vehicles owned or owned by citizens” - driving vehicles owned or owned by citizens only by drivers specified by the insured and (or) seasonal use of vehicles for 3 or more months in a calendar year.

“limited use of vehicles owned or in the possession of legal entities” - seasonal use of vehicles owned or in the possession of legal entities (snow removal, agricultural, watering and other special vehicles) for 6 or more months in a calendar year ;

“vehicle owner” - the owner of the vehicle, as well as a person who owns the vehicle under the right of economic management or the right of operational management or on another legal basis (lease right, power of attorney for the right to drive a vehicle, order of the relevant authority to transfer the vehicle to him and etc.). A person who drives a vehicle in the performance of his official or labor duties, including on the basis of an employment or civil contract with the owner or other owner of the vehicle, is not the owner of a vehicle;

“driver” is a person who drives a vehicle (uses a vehicle) with the right of ownership, use, disposal, whose liability risk is insured under a compulsory insurance contract. This person also operates a vehicle on the basis of employment contract(contract) or civil agreement with the owner or other owner of a vehicle, the risk of liability of which is insured in accordance with a compulsory insurance agreement. When learning to drive a vehicle, the driver is considered to be the person teaching;

“victim” - a person whose life, health or property was harmed when using a vehicle by another person, including a pedestrian, the driver of the vehicle to whom the harm was caused, and a passenger of the vehicle - a participant in a traffic accident;

“place of residence (location) of the victim” - the place of residence of a citizen (location of a legal entity) determined in accordance with civil law, recognized as a victim;

“policyholder” - a person who has entered into a compulsory insurance agreement with the insurer;

"insurer" - an insurance organization that has the right to carry out compulsory civil liability insurance of vehicle owners on the terms and in the manner established by the Federal Law "On compulsory civil liability insurance of vehicle owners" and these Rules in accordance with the permit (license) issued by the federal body executive power for supervision of insurance activities;

“representative of the insurer” - a separate division of the insurer (branch) in a constituent entity of the Russian Federation, exercising, within the limits provided for by the civil legislation of the Russian Federation, the powers of the insurer to consider claims of victims for insurance payments and their implementation, or another insurer exercising these powers at the expense of the person who has concluded a compulsory insurance agreement the insurer on the basis of an agreement with the insurer;

“professional association of insurers” - a non-profit organization operating in accordance with the established procedure in order to ensure interaction between insurers and develop rules of professional activity;

“compulsory insurance insurance policy” - a document of the established form certifying the implementation of compulsory insurance;

“insurance rates” - price rates established in accordance with the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners”, used by insurers when determining the insurance premium under a compulsory insurance agreement and consisting of base rates and coefficients;

“Insured amount” is a sum of money in the currency of the Russian Federation determined by the Federal Law “On Compulsory Civil Liability Insurance of Vehicle Owners”, within the limits of which the insurer undertakes to compensate the victims upon the occurrence of each insured event (regardless of their number during the validity period of the compulsory insurance contract). harm caused;

"insurance premium" - an amount of money in the currency of the Russian Federation that the policyholder is obliged to pay to the insurer in accordance with the compulsory insurance contract;

“insurance payment” is the amount of money that, in accordance with the compulsory insurance contract, the insurer is obliged to pay to victims to compensate for damage caused to their life, health or property upon the occurrence of an insured event. If damage to property is caused, the insurer, with the consent of the victim, has the right to replace the insurance payment with compensation for damage in kind, organize repairs or replacement of the damaged property within the limits of the insured amount;

“act of insured event” - a document drawn up by the insurer after the victim submits an application for insurance payment, recording the causes and circumstances of a road traffic accident that is an insured event, its consequences, the nature and amount of damage incurred, the amount of the insured amount payable and confirming the decision of the insurer on the implementation of insurance payment or direct compensation for losses;

“compensation payments” - payments that are made in accordance with the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” in the event that the insurance payment under compulsory insurance cannot be made;

“independent examination” is an examination carried out in order to clarify the circumstances of the harm and determine the amount of damages to be compensated in connection with damage to property. If the vehicle is damaged, in order to clarify the circumstances of the occurrence of the insured event, establish the damage to the vehicle, the technology, methods and cost of repairs, an independent technical examination of the vehicle is carried out in accordance with the rules established by the Government of the Russian Federation;

“direct compensation for losses” - compensation for damage to the property of the victim by the insurer who has entered into a compulsory insurance agreement with the victim - the owner of the vehicle.

II. Object of compulsory insurance,

insurance case

5. The object of compulsory insurance is property interests associated with the risk of civil liability of the owner of the vehicle for obligations arising from harm to the life, health or property of victims when using the vehicle on the territory of the Russian Federation.

6. A road traffic accident is an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused. The provisions of these Rules regulating the behavior of participants in a road accident also apply in cases of harm to victims when using a vehicle in areas adjacent to roads.

7. An insured event is the occurrence of civil liability of the owner of a vehicle for causing harm to the life, health or property of victims when using the vehicle, entailing, in accordance with the compulsory insurance contract, the obligation of the insurer to make an insurance payment.

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

a) force majeure or intent of the victim;

b) exposure to a nuclear explosion, radiation or radioactive contamination;

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

d) civil war, civil unrest or strikes.

8.1. Damage caused to property belonging to the person responsible for the damage caused is not compensated.

9. The onset of civil liability of vehicle owners due to:

a) causing harm when using a vehicle other than the one specified in the compulsory insurance contract;

b) causing moral 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) pollution of the environment;

e) harm 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) 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;

g) the occurrence of an obligation to compensate the employer for losses caused by harm to the employee;

h) the driver causes damage to the vehicle he is driving and its trailer, the cargo transported in them, the equipment installed on them and other property;

i) causing harm when loading cargo onto a vehicle or unloading it;

j) Lost force.

k) damage or destruction of antique and other unique objects, buildings and structures of historical and cultural significance, products from precious metals and precious and semi-precious stones, cash, valuable papers, objects of religious worship, as well as works of science, literature and art, and other objects of intellectual property;

l) the occurrence of the obligation of the vehicle owner to compensate for damage to the extent that exceeds the amount of liability provided for by the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” and Chapter 59 of the Civil Code of the Russian Federation (if a higher amount of liability is established by federal law or agreement) .

III. Sum insured, insurance premium

and the procedure for its payment

10. The insurance amount, within the limits of which the insurer, upon the occurrence of each insured event (regardless of their number during the validity period of the compulsory insurance contract) undertakes to compensate the victims for the harm caused, is:

in terms of compensation for harm caused to the life or health of each victim - no more than 160 thousand rubles;

in terms of compensation for damage caused to the property of several victims - no more than 160 thousand rubles;

in terms of compensation for damage caused to the property of one victim - no more than 120 thousand rubles.

The insurance premium is determined in accordance with the insurance tariffs established by the Government of the Russian Federation.

Changes by the Government of the Russian Federation in insurance rates during the validity period of the compulsory insurance contract do not entail a change in the insurance premium paid by the policyholder at the insurance rates in effect at the time of payment.

11. The calculation of the insurance premium under a compulsory insurance contract is carried out by the insurer based on the information provided by the policyholder in a written application for concluding a compulsory insurance contract.

If the terms of the compulsory insurance contract change during its validity period, as well as in other cases provided for by these Rules, the insurance premium may be adjusted after the start of the compulsory insurance contract in the direction of decreasing or increasing it, depending on the changed information reported by the policyholder to the insurer.

The policyholder has the right to demand from the insurer a written calculation of the insurance premium payable. The insurer is obliged to submit such a calculation within 3 working days from the date of receipt of the corresponding written application from the policyholder.

12. The insurance premium under a compulsory insurance contract is paid by the policyholder to the insurer in cash or by bank transfer when concluding a compulsory insurance contract.

The date of payment of the insurance premium is considered to be either the day the insurance premium is paid in cash to the insurer, or the day the insurance premium is transferred to the insurer's bank account.

IV. Validity period, procedure for conclusion and amendments

compulsory insurance agreement

13. The compulsory insurance contract is concluded for 1 year, except for the cases provided for in this paragraph. The compulsory insurance contract is concluded in relation to the owner of the vehicle, the persons specified by him in the compulsory insurance contract, or in relation to an unlimited number of persons allowed by the owner to drive the vehicle in accordance with the compulsory insurance contract, as well as other persons using the vehicle legally .

Owners of vehicles registered in foreign countries and temporarily used on the territory of the Russian Federation enter into a compulsory insurance contract for the entire period of temporary use of such vehicles, but not less than 5 days.

When purchasing a vehicle (purchase, inheritance, acceptance as a gift, etc.), its owner has the right to enter into a compulsory insurance agreement for the period of travel to the place of registration of the vehicle. When registering a vehicle, its owner must present to the employee of the registration authority a compulsory insurance policy confirming the conclusion of a compulsory insurance agreement for a period of 1 year.

14. The owner of a vehicle has the right to freely choose an insurer providing compulsory insurance.

The insurer has no right to refuse to conclude a compulsory insurance contract to the owner of a vehicle who has applied to him with an application to conclude a compulsory insurance contract and has submitted documents in accordance with these Rules.

15. To conclude a compulsory insurance contract, the policyholder submits the following documents to the insurer:

a) an application for concluding a compulsory insurance agreement in the form according to Appendix No. 1;

b) identification document (if the policyholder is an individual);

c) certificate of state registration of a legal entity (if the policyholder is a legal entity);

d) a vehicle registration document issued by the body that registers the vehicle (vehicle passport, vehicle registration certificate, technical passport, technical coupon or similar document);

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 agreement will provide for the admission of certain persons to drive a vehicle).

15.1. For the submission of knowingly false information and (or) invalid documents, the policyholder is liable in accordance with the legislation of the Russian Federation.

16. By agreement of the parties, the policyholder has the right to submit copies of documents necessary for concluding a compulsory insurance contract.

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

17. When filling out an application for concluding a compulsory insurance contract, the policyholder does not fill out the line “State registration plate” if, by the time the compulsory insurance contract is concluded, the vehicle of which he is the owner has not passed state registration in the prescribed manner. After the state registration of the vehicle and receipt of the state registration plate, the policyholder is obliged to inform the number of the state registration plate within 3 working days to the insurer, who, based on the data received, makes an appropriate entry in the form of the compulsory insurance policy.

18. When concluding a compulsory insurance contract, the owner of a vehicle registered in a foreign state and temporarily used on the territory of the Russian Federation submits the documents provided for in subparagraphs “b”, “d” and “e” of paragraph 15 of these Rules.

19. When concluding a compulsory insurance contract, the insurer has the right to inspect the vehicle at the place of residence of the insured (at the location of the legal entity), unless otherwise follows from the agreement of the parties.

20. Along with the application for concluding a compulsory insurance contract, the policyholder provides the insurer with information about the number and nature of insured events that have occurred, about completed and upcoming insurance payments, the insurance period, the pending and unresolved claims of victims regarding insurance payments, and other information about insurance during the period validity of the compulsory insurance contract, presented by the insurer with whom the last compulsory insurance contract was concluded, in the manner prescribed by paragraph 35 of these Rules (hereinafter referred to as information about insurance).

Insurance information is not provided by a person who annually renews a compulsory insurance contract with one insurer.

When concluding a compulsory insurance contract that provides for the driving of a vehicle only by drivers specified by the policyholder (limited use), the policyholder provides the insurer with information about insurance in relation to each driver specified by him.

When concluding a compulsory insurance contract without restriction of persons allowed to drive a vehicle, the policyholder provides the insurer with information about insurance in relation to the owner of the vehicle.

21. Owners of vehicles have the right to enter into a compulsory insurance agreement providing for limited use of vehicles owned or in their possession.

Limited use of vehicles owned or owned by citizens is recognized as driving vehicles owned or owned by citizens only by drivers specified by the insured and (or) seasonal use of vehicles for 3 or more months in a calendar year.

Limited use of vehicles owned or in the possession of legal entities is recognized as the seasonal use of vehicles owned or in the possession of legal entities (snow removal, agricultural, watering and other special vehicles) for 6 or more months in a calendar year. .

The period of use of the vehicle during the calendar year, as well as drivers allowed by citizens to drive vehicles, are indicated in the application for concluding a compulsory insurance contract.

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

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

23. Upon receipt from the insured of an application to change the information specified in the application for concluding a compulsory insurance contract and (or) presented when concluding a compulsory insurance contract, the insurer has the right to demand from the insured to pay, if necessary, an additional insurance premium in proportion to the increase in the degree of risk and make changes to the insurance compulsory insurance policy based on insurance rates for compulsory insurance.

Changes to the compulsory insurance insurance policy are made by making an appropriate entry in the “Special Notes” section indicating the date and time of the changes and certifying the changes with the signature of the insurer’s representative and the insurer’s seal or by issuing a reissued (new) compulsory insurance policy within 2 business days from the date of return by the policyholder of the previously issued insurance policy. The compulsory insurance policy returned by the policyholder is kept by the insurer along with 2 copies of the reissued insurance policy. On the original and re-issued compulsory insurance policies, a note about re-issuance is made indicating the date of re-issuance and the numbers of the original and re-issued compulsory insurance policies.

24. The document certifying the implementation of compulsory insurance is the compulsory insurance policy, issued by the insurer in the form according to Appendix No. 2.

The compulsory insurance policy form has a uniform form throughout the Russian Federation and is a document of strict accountability.

The compulsory insurance policy specifies the vehicle or trailer being used, with the exception of trailers for passenger cars owned by citizens.

Along with the insurance policy, the insured is given a free list of the insurer's representatives in the constituent entities of the Russian Federation, the text of these Rules, 2 forms of notification of a traffic accident in the form approved by the Ministry of Internal Affairs of the Russian Federation in agreement with the Ministry of Finance of the Russian Federation.

In the future, notification forms for road traffic accidents are issued by the insurer free of charge upon request of the person whose liability is insured under a compulsory insurance agreement.

A compulsory insurance policy is issued to the policyholder directly upon payment of the insurance premium in cash, and in the case of payment by bank transfer - no later than the business day following the day the insurance premium is transferred to the insurer's bank account.

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

25. Lost force on October 1, 2006. - Decree of the Government of the Russian Federation of August 28, 2006 N 525.

26. Owners of vehicles used to transport passengers on regular routes are obliged to inform passengers about their rights and obligations arising from the compulsory insurance contract in accordance with the requirements established by the federal executive body in the field of transport.

27. The driver of a vehicle participating in road traffic is required to have a compulsory insurance policy. .

V. Procedure for extending the compulsory insurance contract

28. Extension of a compulsory insurance contract is carried out by concluding a compulsory insurance contract after its expiration for new term with the insurer with whom the previous insurance contract was concluded in the manner prescribed by Section IV of these Rules.

If the policyholder refuses to renew the compulsory insurance contract, the insurer provides information about insurance in accordance with paragraph 35 of these Rules.

29. Lost power.

30. Lost power

31. Lost power

32. Lost power.

VI. Early termination of the contract

compulsory insurance

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

a) death of a citizen - policyholder or owner;

b) liquidation of a legal entity - the policyholder;

c) liquidation of the insurer;

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

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

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

a) revocation of the insurer’s license in the manner established by the legislation of the Russian Federation;

b) replacement of the owner of the vehicle;

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

33.2. The insurer has the right to terminate the compulsory insurance contract early:

a) in case of detection of false or incomplete information provided by the policyholder when concluding a compulsory insurance contract, having essential to determine the degree of insurance risk;

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

33.3. Early termination of a compulsory insurance contract does not entail the release of the insurer from the obligation to make insurance payments for insured events that occurred during the term of the compulsory insurance contract.

34. In the event of early termination of the compulsory insurance agreement on one of the grounds provided for in subparagraph “b” of paragraph 33, subparagraph “c” of paragraph 33.1 and subparagraph “a” of paragraph 33.2 of these Rules, part of the insurance premium under the compulsory insurance agreement is not returned to the policyholder. In other cases, the insurer returns to the policyholder part of the insurance premium for the unexpired term of the compulsory insurance contract.

Calculation of the unexpired term of the contract (the period of use of the vehicle) begins from the day following the date of early termination of the compulsory insurance contract.

In cases of early termination of a compulsory insurance contract, provided for in paragraph 33 of these Rules, the date of early termination of the compulsory insurance contract is considered to be the date of the event that was the basis for its early termination and the occurrence of which is confirmed by documents of the relevant state and other bodies.

In cases of early termination of the compulsory insurance contract provided for in paragraph 33.1 of these Rules, the date of early termination of the compulsory insurance contract is considered to be the date the insurer receives a written application from the policyholder for early termination of the compulsory insurance contract.

In cases of early termination of the compulsory insurance contract provided for in paragraph 33.2 of these Rules, the date of early termination of the compulsory insurance contract is considered to be the date the policyholder receives a written notice from the insurer.

Part of the insurance premium is returned to the policyholder (his legal representatives, heirs) within 14 calendar days from the date following the date of receipt by the insurer of information about the cases provided for in subparagraphs “a”, “c”, “d”, “e” of paragraph 33 of these Rules , or an application from the policyholder for early termination of the compulsory insurance contract on one of the grounds provided for in paragraph 33.1 of these Rules, or within 14 calendar days from the date following the date the policyholder receives a written notice from the insurer about the early termination of the compulsory insurance contract on the basis provided for in subclause "b" of paragraph 33.2 of these Rules.

35. In case of early termination or upon expiration of the compulsory insurance contract, the insurer provides the policyholder with information about insurance in the form in accordance with Appendix No. 4. Information about insurance is provided by the insurer free of charge in writing within 5 days from the date of the corresponding request from the policyholder.

Information about insurance is provided by the policyholder 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 agreement.

36. A compulsory insurance contract may be declared invalid by a court from the moment of its conclusion in the manner prescribed by the legislation of the Russian Federation.

VII. Actions of persons upon attack

insured event

37. When an insured event (traffic accident) occurs, drivers involved in this incident must take measures and fulfill the duties provided for by the Traffic Rules of the Russian Federation, approved by Resolution of the Council of Ministers - Government of the Russian Federation of October 23, 1993 N 1090, as well as take the necessary measures in the current circumstances in order to reduce possible losses from the incident, write down the names and addresses of eyewitnesses and indicate them in the notification of the traffic accident, take measures to prepare documents about the incident in accordance with these Rules.

38. A driver who is a participant in a traffic accident is obliged to inform other participants in a traffic accident who intend to make a claim for compensation for harm, information about the compulsory insurance agreement, including the compulsory insurance policy number, as well as the name, address and telephone number of the insurer.

Participants in a traffic accident must notify their insurers of the occurrence of an insured event.

39. To resolve the issue of making an insurance payment, the insurer accepts documents on a road traffic accident, drawn up by authorized police officers who arrived at the scene of the incident upon notification of its participants, or drawn up (in the absence of victims, life and health in the case of a road traffic accident which harm was caused, as well as with mutual agreement of the drivers in assessing the circumstances of the incident) by police officers at the nearest road patrol post or at the police agency in accordance with paragraph 2.6 of the Traffic Rules of the Russian Federation, or registered by participants in a road traffic accident in the cases and procedure , which are established in clause 41.1 of these Rules.

40. The preparation of documents regarding a road traffic accident can be carried out in the presence of the insurer (insurer’s representative) to determine the circumstances of the road traffic accident and the damage(s) caused as reported by the insured or the victim. For this purpose, a driver who is a participant in a traffic accident and intends to make a claim for insurance payment has the right to inform the insurer or his representative by any in an accessible way(for example, by calling the telephone numbers specified in the compulsory insurance policy) about the place and time of the traffic accident, as well as the circumstances that led to it, in order for the insurer to make a decision on the need to go to the scene of the traffic accident.

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

In the absence of disagreements in the circumstances of the harm and the traffic accident, the nature and list of visible damage to vehicles, or minor damage, it is allowed for 2 drivers to jointly fill out one form for notification of a traffic accident.

Drivers notify insurers of a traffic accident and fill out forms for such notifications.

If more than 2 vehicles are involved in a traffic accident and there are disagreements among drivers in assessing what happened, as well as if it is impossible for drivers to jointly fill out one form of notification of a traffic accident (for health reasons, in the event of the death of the driver, due to the failure of one of which from jointly filling out the form or for other reasons), each driver is allowed to fill out his own notification form indicating the reason for the impossibility of jointly filling out the notification of a traffic accident. In the event of the death of the driver, the notification of a traffic accident in relation to this vehicle is not filled out by other persons.

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

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

41.1. The preparation of documents regarding a traffic accident can be carried out without the participation of authorized police officers if the following circumstances exist simultaneously:

as a result of a traffic accident, damage was caused only to property;

a traffic accident occurred involving 2 vehicles, the civil liability of whose owners was insured in accordance with the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners”;

the circumstances of harm in connection with damage to property as a result of a road traffic accident and (or) determining the nature and list of visible damage to vehicles do not cause disagreement between the participants in the road traffic accident and are recorded in the notifications of the road traffic accident, the forms of which are filled out by drivers of vehicles involved in a traffic accident.

The notification form for a traffic accident is filled out by both drivers of vehicles, while the circumstances of the harm, the diagram of the traffic accident, the nature and list of visible damage are certified by the signatures of both drivers.

If there are disagreements regarding the circumstances of damage to property as a result of a traffic accident, the nature and list of visible damage to vehicles, the refusal of one of the participants in the traffic accident to sign a notice, or the amount of damage exceeding an approximate estimate of 25 thousand rubles, registration of a traffic accident transport incident is carried out with the participation of authorized police officers.

In case of registration of documents about a road traffic accident without the participation of authorized police officers, the completed form for notification of a road traffic accident, together with the victim’s application for insurance payment, is sent to the insurer to determine the amount of losses to be compensated.

The insurer has the right to order an independent examination of vehicles involved in a traffic accident in the event of detection of contradictions regarding the nature and list of visible damage to vehicles and (or) circumstances of harm in connection with damage to property as a result of a traffic accident, recorded in the submitted notification of a traffic accident, in accordance with paragraph 45 of these Rules.

In case of registration of documents about a traffic accident without the participation of authorized police officers, the amount of insurance payment due to the victim in compensation for damage caused to his property cannot exceed 25 thousand rubles.

41.2. The victim who has received an insurance payment on the basis of clause 41.1 of these Rules does not have the right to submit additional claims to the insurer for compensation for damage caused to his property as a result of such a traffic accident.

To exercise the right related to compensation for damage caused to his property in an amount exceeding 25 thousand rubles, the victim may file a claim in court against the person who caused the damage.

The victim has the right to contact the insurer who insured the civil liability of the person who caused the harm for compensation for damage that was caused to life or health, arose after the filing of a claim for insurance payment and which the victim did not know about at the time of filing the claim in accordance with paragraphs 43, 51 – 56 of these Rules.

42. Notices of a traffic accident filled out by drivers who are participants in a road traffic accident, drawn up in accordance with paragraph 41 of these Rules, must be delivered or sent in any way that ensures confirmation of dispatch to the insurer or the insurer's representative in the subject of the Russian Federation at the place of residence (location) of the victim or in the subject of the Russian Federation on the territory of which the traffic accident occurred. The driver who is the victim submits to the insurer his or her own notification form about a traffic accident or a single notification form filled out jointly with other participants in the traffic accident simultaneously with the submission of an application for insurance payment. A notification about a traffic accident can be transmitted by fax with the simultaneous sending of its original by registered mail to the address of the insurer or the insurer's representative specified in the compulsory insurance policy.

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

Victims, including passengers of vehicles, submit a claim to the insurer for insurance payment within the time limits established by paragraph 42 of these Rules.

The victim sends an application for insurance payment to the insurer, or the insurer’s representative at the victim’s place of residence (location), or to the insurer’s representative in the constituent entity of the Russian Federation on the territory of which the traffic accident occurred.

44. At the time of filing an application for insurance payment, the victim attaches to the application:

a) a certificate of a traffic accident issued by the police authority responsible for road safety, in a form approved by the Ministry of Internal Affairs of the Russian Federation in agreement with the Ministry of Finance of the Russian Federation, if the paperwork on the traffic accident was carried out with the participation of authorized police officers ;

b) notification of a traffic accident.

Copies of the protocol on an administrative offense, a resolution on a case on an administrative offense or a ruling on the refusal to initiate a case on an administrative offense must be provided to the victim only in cases where the preparation of such documents is provided for by the legislation of the Russian Federation. The victim receives the specified documents from the police and presents them to the insurer.

In addition, the victim, depending on the type of damage caused, submits to the insurer the documents provided for in paragraphs 51, 53 - 56 and (or) 61 of these Rules.

45. In case of damage to property, the victim, who intends to exercise his right to insurance payment, is obliged to present the damaged property or its remains for inspection and (or) organization of an independent examination (assessment) in order to clarify the circumstances of the harm and determine the amount of damages to be compensated, and the insurer - to inspect the damaged property and (or) organize an independent examination (assessment).

The insurer inspects the damaged property and (or) organizes an independent examination (assessment) by issuing a referral for examination (assessment) within no more than 5 working days from the date of receipt from the victim of an application for insurance payment and the documents provided for in paragraph 44 of these Rules, unless otherwise the term has not been agreed upon by the insurer with the victim.

The insurer is obliged to agree with the victim on the time and place of the inspection and (or) organization of an independent examination of the damaged property, taking into account the work schedule of the insurer, the expert and the period of inspection of the damaged property specified in this paragraph, and the victim is obliged to present the damaged property at the time agreed with the insurer.

If the nature of the damage or the characteristics of the damaged property exclude its presentation for inspection and (or) the organization of its independent examination (assessment) at the location of the insurer and (or) the expert (for example, damage to a vehicle that excludes its participation in road traffic), inspection and ( or) an independent examination (assessment) is carried out at the location of the damaged property within the period established by this paragraph.

If, based on the results of an inspection of the damaged property carried out by the insurer, the insurer and the victim reach an agreement on the amount of the insurance payment and do not insist on organizing an independent examination (assessment) of the damaged property, such an examination (assessment) may not be carried out.

If, after an inspection of the damaged property by the insurer, the insurer and the victim do not reach an agreement on the amount of the insurance payment, the insurer is obliged to organize an independent examination (assessment), and the victim is obliged to provide the damaged property for an independent examination (assessment).

46. ​​If the insurer, within the period established by paragraph 45 of these Rules, has not inspected the damaged property and (or) has not organized an independent examination (assessment), then the victim has the right to independently request the organization of such an examination, without presenting the damaged property to the insurer for inspection.

When deciding on an insurance payment, the insurer uses the results of this independent examination.

47. In order to clarify the circumstances of the damage caused to vehicles, establish the nature of damage to the vehicle and their causes, technology, methods, cost of its repair, as well as the actual value of the vehicle on the date of the traffic accident, an independent technical examination of the vehicle is carried out in in accordance with the rules approved by the Government of the Russian Federation.

48. If an inspection and (or) independent examination (assessment) of the damaged property or its remains presented by the victim does not allow one to reliably establish the existence of an insured event and the amount of losses subject to compensation under a compulsory insurance contract, to clarify these circumstances, the insurer has the right to conduct an inspection of the insured’s vehicle, during the use of which the victim was harmed, and (or) organize an independent examination of this vehicle, and the policyholder is obliged to present this vehicle at the request of the insurer for organizing an independent examination.

In this case, the insurer is obliged to inspect the vehicle and (or) organize an independent examination (assessment) and pay the costs of its implementation in accordance with paragraph 45 of these Rules.

The results of the inspection and (or) independent examination (assessment) are documented in writing and signed by the insurer (his representative), the expert (when conducting an independent examination) and the owner of the vehicle.

48.1. The victim has the right to submit a claim for compensation for damage caused to his property directly to the insurer who insured the civil liability of the victim (direct compensation for losses), if the following circumstances exist simultaneously:

a) as a result of a traffic accident, damage was caused only to property;

b) a traffic accident occurred with the participation of 2 vehicles, the civil liability of whose owners is insured in accordance with the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners.”

48.2. The insurer, which insured the civil liability of the victim, assesses the circumstances of the road traffic accident, set out in the notification of the road traffic accident, and, on the basis of the submitted documents, compensates the victim, upon his request, for the damage caused to the property of the victim, in the amount of the insurance payment on behalf of the insurer, who has insured the civil liability of the person who caused the harm (provides direct compensation for losses).

48.3. 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 for compensation for damage that was caused to life or health, arose after the filing of a claim for insurance payment and which the victim did not know about at the time of filing the claim. .

VIII. Determining the amount of insurance payment

when causing harm to the life and health of victims

49. The amount of insurance payment due to the victim in order to compensate for damage caused to his health is calculated by the insurer in accordance with Chapter 59 of the Civil Code of the Russian Federation.

If harm is caused to the victim's health, compensation is subject to the victim's lost earnings (income), which he had or definitely could have had on the day the harm was caused to him, as well as additional expenses incurred caused by damage to health, including expenses for treatment, additional food, purchase of medicines, prosthetics, outside care, sanatorium treatment, purchase of special vehicles, preparation for another profession, if it is established that the victim needs these types of help and care and is not entitled to receive them free of charge.

The amount of insurance payment for causing harm to the life of the victim is:

135 thousand rubles - to persons who, in accordance with civil law, have the right to compensation for damage in the event of the death of the victim (breadwinner);

no more than 25 thousand rubles - for reimbursement of funeral expenses to persons who incurred these expenses.

50. To receive an insurance payment in connection with causing harm to the health of the victim, in addition to the documents provided for in paragraph 44 of these Rules, the documents provided for in paragraphs 51, 55-56 of these Rules are attached to the application for insurance payment, and in connection with causing harm to the life of the victim - documents , provided for in paragraphs 53 and 54 of these Rules.

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

a) conclusion of the relevant medical institution indicating the nature of the injuries and injuries received by the victim, diagnosis, period of incapacity for work;

b) a medical examination report issued in accordance with the procedure established by the legislation of the Russian Federation on the degree of loss of professional ability to work, and in the absence of professional ability to work - on the degree of loss of general ability to work;

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

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

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

53. Persons entitled, in accordance with civil law, to compensation for damage in the event of the death of the victim (breadwinner), provide to the insurer:

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

b) a copy of the death certificate;

c) Lost force

d) birth certificate of the child (children), if at the time of the insured event there were minor children dependent on the deceased;

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

f) a certificate from an educational institution stating that a family member of the deceased who has the right to receive compensation for harm is studying in this field educational institution if at the time of the insured event the dependents of the deceased were persons studying at an educational institution;

g) a conclusion (certificate from a medical institution, social security authority) about the need for outside care, if at the time of the insured event there were persons dependent on the deceased who needed outside care;

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

Insurance payment to persons entitled, in accordance with civil law, to compensation for damage in the event of the death of the victim (breadwinner), is made in equal shares, based on a total amount of 135 thousand rubles. The size of the shares is determined by the insurer as of the day of the decision to make an insurance payment based on the number of applications for payment submitted by persons entitled to compensation for damage in the event of the death of the victim (breadwinner) before the expiration of the period provided for in paragraph 70 of these Rules.

If the insurer, within the period established by these Rules, has made an insurance payment to the person (persons) entitled to compensation for damage in the event of the death of the victim (breadwinner), other persons entitled to compensation for damage in the event of the death of the victim (breadwinner) and who have not declared their claims before making a decision on insurance payment, have the right to apply for compensation for harm directly to the causer of harm in the manner prescribed by civil law.

If during the life of the victim an insurance payment was made for causing harm to health, it is withheld from the amount of the insurance payment for compensation for harm in connection with the death of the victim (breadwinner).

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

a) a copy of the death certificate;

b) documents confirming the necessary funeral expenses incurred.

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

55. The victim, when submitting a claim for compensation for additional expenses incurred by him caused by damage to health as a result of an insured event, as well as expenses for treatment and the purchase of medicines, to which the victim is not entitled to receive free of charge (including in excess of the basic compulsory health insurance program) , is:

a) an extract from the medical history issued by the medical institution;

b) documents confirming payment for the services of the medical institution;

c) documents confirming payment for purchased medications.

56. When submitting a claim for compensation for additional expenses incurred by him caused by damage to health as a result of an insured event (except for the costs of treatment and the purchase of medicines), the victim submits a medical report, a medical-social or forensic medical report issued in accordance with the procedure established by the legislation of the Russian Federation examinations on the need for additional nutrition, prosthetics, outside care, sanatorium-resort treatment, special vehicles, as well as:

a) when submitting a claim for reimbursement of expenses for additional food:

a certificate from local governments or other authorized bodies about the prevailing prices in a given region for products included in the daily food package of additional food;

a certificate from a medical institution about the composition of the daily food package of additional food required for the victim;

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

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

b) when submitting a claim for reimbursement of expenses for prosthetics - documents confirming payment for prosthetics services;

c) when submitting a claim for reimbursement of expenses for outside care - documents confirming payment for outside care services.

Expenses for outside care are included in the amount of insurance payment in the amount of no more than 10 percent of the insured amount;

d) when submitting a claim for reimbursement of expenses for sanatorium treatment:

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

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

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

e) upon presentation of a claim for reimbursement of expenses for the purchase of special vehicles:

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

documents confirming payment for the purchased special vehicle;

the agreement under which a special vehicle was purchased;

f) when victims present a claim for reimbursement of expenses associated with training for another profession:

invoice for payment of vocational training (retraining);

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

document confirming payment for vocational training (retraining).

57. The insurance payment for each insured event cannot exceed the established amount of the insured amount.

The insurer, in agreement with the victim, has the right to make a partial insurance payment on the basis of documents on the provision of services, the need for which was caused by the insured event, and on their payment, or to pay for these services directly to the medical institution that provided them.

58. Payment of the insurance amount for harm caused to the life or health of the victim is made regardless of the amounts due to him under social security and compulsory and voluntary personal insurance contracts.

59. State social insurance and social security bodies, as well as medical insurance organizations, do not have the right to make recourse claims against the insurer providing compulsory insurance.

IX. Determination of the amount to be compensated for damages caused to the property of the victim

60. If damage is caused to the property of the victim in accordance with these Rules, compensation within the limits of the insured amount is subject to:

a) in the event of complete loss of the victim’s property - the actual value of the property on the day of the insured event; in the event of damage to the property - the costs necessary to bring the property to the state in which it was before the occurrence of the insured event -;

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

61. If damage is caused to the property of the victim (vehicles, buildings, structures, structures, other property of individuals, legal entities), in addition to the documents provided for in paragraph 44 of these Rules, the victim submits:

a) documents confirming the victim’s ownership of the damaged property or the right to insurance payment in case of damage to property owned by another person;

b) the conclusion of an independent examination on the amount of damage caused, if an independent examination was carried out, or the conclusion of an independent technical examination on the circumstances and amount of damage caused to the vehicle, if such an examination was organized independently by the victim (if the examination was organized by the insurer, the expert opinions are kept by him);

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

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

e) documents confirming the provision and payment of services for storing damaged property, if the victim requires compensation for the corresponding expenses.

Storage costs are reimbursed from the date of the traffic accident until the day the insurer conducts an inspection or independent examination;

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

62. The victim presents to the insurer the originals of the documents provided for in paragraph 61 of these Rules, or their copies certified by a notary, or by the person (body) who issued the documents, or by the insurer.

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

63. The amount of insurance payment in the event of damage to the property of the victim is determined:

a) in the event of complete loss of the victim’s property - in the amount of the actual value of the property on the day of the insured event. Total loss refers to cases where repair of damaged property is impossible or the cost of repairing damaged property is equal to its value or exceeds its value on the date of the insured event. b) in the event of damage to the property of the victim - in the amount of expenses necessary to bring the property to the state in which it was before the occurrence of the insured event (recovery expenses).

Restoration costs are paid based on the average prices prevailing in the relevant region.

When determining the amount of restoration costs, the wear and tear of parts, assemblies, assemblies and parts used during restoration work is taken into account.

64. The costs of restoring damaged property include:

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

expenses for repair work;

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

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

65. By agreement with the victim, the insurer has the right to organize and pay for the repair of damaged property against the insurance payment.

The person who carried out the repair is responsible to the victim for the quality of the repair.

If the insurance payment is paid to several victims and the amount of their claims presented to the insurer on the day of the first insurance payment for compensation for damage caused to property in this insured event exceeds the insurance amount established by paragraph 10 of these Rules, insurance payments are made in proportion to the ratio of this insurance amount to the amount of the indicated claims of the victims (taking into account the limitation on the amount of insurance payment in terms of compensation for damage caused to the property of one victim). The insurance payment for each insured event cannot exceed the established insured amount.

X. Making insurance payments

66. If a criminal case has been initiated on the basis of a traffic accident, the victim provides the insurer with documents from the investigative and (or) judicial authorities on the initiation, suspension or refusal to initiate a criminal case or a court decision that has entered into legal force.

67. The insurer has the right to independently request the competent authorities and organizations to provide the documents provided for in paragraphs 51, 53 - 56, 61 and 66. The insurer has the right to request the provision of only the documents necessary to resolve the issue of insurance payment, taking into account the nature of the damage caused to a particular victim. The insurer has the right to make a decision on the insurance payment in the event of failure to provide any of the documents specified in these Rules, if their absence does not significantly affect the determination of the amount of the insurance payment.

Documents and conclusions necessary to resolve the issue of payment of insurance amounts under a compulsory insurance contract are provided at the request of the insurer free of charge, except for cases provided for by the legislation of the Russian Federation.

68. Lost power

69. The policyholder takes reasonable and available measures under the circumstances to reduce losses. Expenses incurred in order to reduce losses (providing a vehicle to transport a victim in a traffic accident to a medical facility, participating in the elimination of the consequences of a traffic accident, etc.) are reimbursed by the insurer, even if the corresponding measures were unsuccessful. The degree of participation of the insured in reducing the damage caused by the vehicle and the amount of reimbursement of costs are determined by agreement with the insurer, and in the absence of consent of the parties, by the court.

70. The insurer considers the victim’s application for insurance payment and the documents provided for in paragraphs 44, 51, 53-56 and 61 of these Rules within 30 days from the date of their receipt.

During the specified period, the insurer is obliged to draw up a report on the insured event, on the basis of it, make a decision on making an insurance payment to the victim, make an insurance payment, or send a written notice of a complete or partial refusal of an insurance payment, indicating the reasons for the refusal. Integral parts of the insured event report are the conclusion of an independent examination (assessment), if one was carried out, and (or) an inspection report of the damaged property.

If this obligation is not fulfilled, the insurer, for each day of delay, pays the victim a forfeit (penalty) in the amount of one seventy-fifth of the refinancing rate of the Central Bank of the Russian Federation, valid on the day when the insurer should have fulfilled this obligation, of the established insured amount for the type of compensation for each victim.

The amount of the penalty (penalty) payable to the victim cannot exceed the amount of the insurance amount for the type of compensation for harm to each victim.

71. In the insured event report, based on the available documents, the insurance payment is calculated and its amount is indicated. A copy of the insured event report is transferred by the insurer to the victim upon his written request no later than 3 days from the date the insurer receives such a requirement (if the claim is received after the insured event report is drawn up) or no later than 3 days from the date of the insured event report is drawn up (if the claim is received before drawing up an insured event report).

72. The victim has the right to demand from the insurer to make a part of the insurance payment corresponding to the actually determined part of the specified damage, until the amount of damage to be compensated is fully determined.

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

74. If an insurance payment, refusal of insurance payment or change in its amount depends on the results of proceedings in a criminal or civil case or a case of an administrative offense, the period of insurance payment may be extended until the end of the said proceedings and the entry into force of the court decision.

75. Insurance payment is made in cash or by bank transfer.

XI. Right to file recourse

insurer's requirements

76. The insurer has the right to file recourse claims against the person who caused the harm in the amount of the insurance payment made by the insurer, as well as the costs incurred in considering the insured event, if:

a) harm to the life or health of the victim was caused due to the intent of the said person;

b) the harm was caused by the specified person while driving a vehicle while intoxicated (alcohol, drugs or other);

c) the specified person did not have the right to drive a vehicle during the use of which he was harmed;

d) the said person fled the scene of the traffic accident;

e) the specified person is not included in the number of drivers allowed to drive this vehicle, if the compulsory insurance contract provides for the use of the vehicle only by drivers specified in the compulsory insurance policy;

f) the insured event occurred when the specified person used the vehicle during a period not stipulated by the contract compulsory insurance, if the compulsory insurance contract provides for the use of a vehicle during a certain period.

XII. Settlement of disputes

77. Disputes arising from the compulsory insurance contract are resolved in accordance with the legislation of the Russian Federation.

Case No. 2-2324/2015

SOLUTION

In the name of the Russian Federation

Oktyabrsky District Court of Penza

as part of the presiding judge Bobyleva E.S.

under secretary M.N. Brichkova,

Having considered in open court in Penza a civil case on the claim of Vladimir Ivanovich Povalikhin against Ingosstrakh SPAO for the protection of consumer rights - collection of insurance compensation, penalties and expenses for a tow truck,

INSTALLED:

Plaintiff V.I. Povalikhin filed a lawsuit with the named claim against the defendant SPAO Ingosstrakh and with references to Art. , Federal Law of April 25, 2002 No. 40-FZ “On compulsory insurance of civil liability of vehicle owners”, OSAGO Rules, Law of the Russian Federation “On the Protection of Consumer Rights” asked to recover insurance compensation from him in his favor for damages - 56,183 rubles ., penalty – 11,236 rubles. 80 kopecks, a fine of 50% in accordance with the law “On Compulsory Motor Liability Insurance”, costs for a tow truck - 4,500 rubles, indicating the following:

He owns the car “...”, r/z no. DD.MM.YYYY, at... hour. ... min., in a traffic accident involving 3 cars: “...”, r/z R no. under the control of the driver FULL NAME9, who collided with the car “...”, r/z No., under his control, which, due to the impact, collided with the car “...”, r/z No., under the control of the driver FULL NAME4 . As a result of the accident, the vehicle “...”, r/z No., received mechanical damage. In accordance with the documents submitted to the State Traffic Safety Inspectorate, the accident occurred as a result of a violation of the Traffic Rules of the Russian Federation by the driver, FULL NAME9. Within the time limits and in the manner prescribed by law, he sent to the insurance company SPAO Ingosstrakh a statement about the occurrence of an insured event, in which he asked to compensate for the damage caused to his property. All were attached to the application Required documents, provided for in paragraphs 3.10., 4.13. OSAGO rules. Due to the fact that the damage to the vehicle “...”, r/z No., in accordance with the Russian Federation Traffic Regulations, excludes the possibility of its participation in road traffic, a notification was sent to the Ingosstrakh SPAO to organize an inspection. Representatives of SPAO "Ingosstrakh" did not organize an inspection of the damaged vehicle "...", r/z No., and therefore he asked to accept the results of a independently organized independent examination. According to report No. dated DD.MM.YYYY, market price car “...”, r/z no., is 58,700 rubles, the cost of the usable remains of the car “...”, r/z no., is 2,517 rubles. in the present moment insurance compensation was not paid. According to clause 4.23. Rules of OSAGO, the penalty for late payment of insurance compensation for the period from DD.MM.YYYY to DD.MM.YYYY amounted to 11,236 rubles. They also incurred expenses associated with calling a tow truck - 4,500 rubles.

To the court to consider the case, plaintiff Povalikhin V.I. did not appear, was notified of the place and time of the court hearings, and in written statements asked to consider the case in his absence, with the participation of his representative.

The representative of the plaintiff Bakanov M.E., acting under a power of attorney with the right to reduce the amount of claims at this court hearing, announced a reduction in the amount of the claim for the recovery of a penalty to 10,000 rubles. with an estimated amount of 11,236 rubles, in the rest of the claim he supported the claims, asked the court to satisfy them and, during the consideration of the case on the merits, confirmed the circumstances set out in the claim.

Representative of the defendant JSC Ingosstrakh, by proxy, Chernov S.P. During the consideration of the case, she did not recognize the claims, objected to their satisfaction, asked to refuse their satisfaction, explaining:

DD.MM.YYYY the insurance company SPAO "Ingosstrakh" through the Russian Post received a statement from V.I. Povalikhin. about insurance payment with attached documents in connection with damage in an accident from DD.MM.YYYY TS..., state. per. sign no. According to the act of opening the envelope, there was no mandatory document, confirming the victim’s ownership of the damaged property, of which he was notified in a timely manner. Paragraph 4, paragraph 21, Article 12, paragraph 2, paragraph 1, Article 16 and paragraph 3, Article 19 of the Law on Compulsory Motor Liability Insurance (MTPL) from September 1, 2014, provides for a mandatory pre-trial dispute resolution procedure. In accordance with Federal Law No. 40 “On Compulsory Motor Liability Insurance”, resolution of the Plenum Supreme Court RF dated January 29, 2015 No. 2 “On the application by courts of legislation on compulsory civil liability insurance of vehicle owners”, if there are insufficient documents confirming the occurrence of an insured event and the amount of damage to be compensated by the insurer, the insurer within three working days from the date of their receipt by mail , and when contacting the insurer in person - on the day of filing an application for insurance payment or direct compensation for losses, he is obliged to inform the victim about this, indicating the full list of missing and/or incorrectly executed documents (paragraph 5, paragraph 1, article 12 of the Law on Compulsory Motor Liability Insurance ). If victims are presented with documents that do not contain information necessary for payment of insurance compensation, including at the request of the insurer, then the insurance organization is exempt from paying a penalty, financial sanction, fine and compensation for moral damage (clause 3 of Art.). The plaintiff did not comply with the pre-trial procedure and deliberately ignored the requests of the insurance company.

A third party who does not make independent claims regarding the subject of the dispute, Chernyaeva Yu.E. did not appear in court to consider the case, was notified of the place and time of the court hearings, and asked in a telephone message to consider the case in her absence.

After listening to the explanations of the representatives of the parties, examining the materials of this civil case and the investigation into the accident, the court finds the claims subject to satisfaction on the following grounds:

In accordance with paragraphs 1 and 2 of clause 1 of Art. harm caused ... to the property of a citizen, ... is subject to compensation in full by the person who caused the damage; By law, the obligation to compensate for harm may be imposed on a person who is not the cause of harm.

Under a property insurance contract, in particular, property interest can be insured - the risk of loss (destruction), shortage or damage to certain property (Article ) (subclause 2 of Art.).

DECIDED:

Claims of Povalikhin V.I. to SPAO "Ingosstrakh" on the protection of consumer rights - the collection of insurance compensation, penalties and expenses for a tow truck to satisfy.

To recover from SPAO Ingosstrakh in favor of V.I. Povalikhin. insurance compensation – 56,183 rubles, penalty for delay in fulfilling obligations for the period from DD.MM.YYYY to DD.MM.YYYY – 10,000 rubles, expenses for a tow truck – 4,500 rubles, fine for failure to voluntarily fulfill the requirements of the victim – 28,091 rub. 50 kopecks, in reimbursement of expenses: to pay for the examination - 5,000 rubles, to issue a power of attorney - 1,700 rubles, to pay for the services of a representative - 5,000 rubles, and a total of 110,474 rubles. 50 kop..

To collect from SPAO Ingosstrakh a state duty in the amount of 2,320 rubles for the local budget. 49 kop..

Lost profit

Arbitrage practice on the application of the norms of Art. 15, 393 Civil Code of the Russian Federation

Liability for causing harm, flooding of apartments

Judicial practice on the application of Art. 1064 Civil Code of the Russian Federation

Compensation for losses

Judicial practice on the application of Art. 15 Civil Code of the Russian Federation

Under insurance contracts

Judicial practice on the application of Art. 934, 935, 937 Civil Code of the Russian Federation