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Attachment 1
to the Regulations of the Bank of Russia
dated September 19, 2014 N 431-P
"On the rules of compulsory insurance
civil liability of owners
vehicles" as amended
Instructions of the Central Bank of the Russian Federation 4486-U
from 11.08.2017

rules
compulsory insurance of civil liability of vehicle owners

Chapter 1

1.1. The contract of compulsory insurance of civil liability of vehicle owners (hereinafter referred to as the contract of compulsory insurance) is concluded for one year, with the exception of cases provided for by the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners". The compulsory insurance contract is concluded in relation to the owner of the vehicle, the persons specified by him in the compulsory insurance contract, or in relation to an unlimited number of persons admitted by the owner to drive the vehicle in accordance with the terms of the compulsory insurance contract, as well as other persons using the vehicle legally. basis.

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

In order to conclude a compulsory insurance contract or make changes to it, the insured is obliged to provide his personal data, personal data of the owner of the vehicle, and if the compulsory insurance contract being concluded provides for the driving of the vehicle by the drivers indicated by the insured, the personal data of each of these drivers, including in themselves the information and information that must be contained in the application for the conclusion of a compulsory insurance contract and the documents necessary for the insurer to conclude a compulsory insurance contract in accordance with the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners".

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

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

1.3. After state registration of the vehicle and receipt of the state registration plate, the insured is obliged to inform the number of the state registration plate within three working days to the insurer, who, on the basis of the data received, makes an appropriate entry in the compulsory insurance policy form, and also enters the relevant information into the automated information system of compulsory insurance , created in accordance with Article 30 of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" (hereinafter - the automated information system of compulsory insurance).

When performing registration actions in relation to the vehicle, the fulfillment of the obligation of its owner to insure its civil liability is confirmed by presenting to the employee of the registering body a compulsory insurance policy or information printed on paper on the conclusion of a compulsory insurance contract in the form of an electronic document.

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

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

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

Forms of notification of a traffic accident are additionally issued by the insurer free of charge at the request of a person whose liability is insured under a compulsory insurance contract.

Compulsory insurance policy and a copy of the application signed by the insured and the insurer (representative of the insurer) for the conclusion of a compulsory insurance contract shall be issued by the insurer to the insured who applied for the conclusion of a compulsory insurance contract and, if it is provided for by the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" or by these Rules, who submitted other documents, as well as fulfilled the obligation to pay the insurance premium, immediately after the implementation of these actions. When concluding a contract of compulsory insurance with an insurant that is a legal entity, an insurance policy of compulsory insurance may be issued in a different manner, determined by an agreement between such an insurant and the insurer.

In case of loss of the compulsory insurance policy, the insured has the right to receive its duplicate free of charge.

1.5. In order to conclude a contract of compulsory insurance, the owner of a vehicle has the right to choose any insurer providing compulsory insurance.

The insurer is not entitled to refuse to conclude a compulsory insurance contract to an insured who has applied for a compulsory insurance contract and, if it is provided for by the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" or these Rules, who has submitted other documents.

1.6. To conclude a compulsory insurance contract, the insured shall submit to the insurer the documents specified in Article 15 of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners".

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

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

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

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

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

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

The insurer is not entitled to require the insured to submit the original documents stipulated by the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners", if the insured concludes a compulsory insurance contract with the insurer with whom the previous compulsory insurance contract was concluded, if there is no information that copies of documents submitted by the policyholder or electronic documents contain irrelevant information.

In the case of the conclusion of a compulsory insurance contract in the form of an electronic document, the provision by the insured of the documents specified in subparagraphs "b" - "e" of paragraph 3 of Article 15 of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" is carried out by independently obtaining access to information by insurers, contained in these documents, using an automated information system of compulsory insurance and (or) by exchanging information in electronic form with the relevant authorities and organizations, including using a unified system of interdepartmental electronic interaction.

In case of direct personal application of the insurant to the insurer for the conclusion of the compulsory insurance contract, the application form for the conclusion of the compulsory insurance contract shall be presented by the insurer to the insurant free of charge upon his request.

1.7. When concluding a compulsory insurance contract, the insurer has the right to inspect the vehicle. The place of inspection of the vehicle is established by agreement of the parties. If an agreement is not reached on the place of inspection of the vehicle or if a compulsory insurance contract is drawn up in the form of an electronic document, the inspection of the vehicle by the insurer is not carried out.

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

Information about insurance is not provided by a person concluding a compulsory insurance contract with an insurer with whom a previous compulsory insurance contract was concluded.

When concluding a compulsory insurance contract providing for driving a vehicle only by the drivers indicated by the insured, the insured shall provide the insurer with information on insurance in respect of each driver indicated by him.

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

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

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

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

Replacement of the vehicle indicated in the compulsory insurance policy, change of the term of insurance, as well as replacement of the policyholder are not allowed.

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

Changes to the compulsory insurance policy are recorded by making an appropriate entry in the "Special Notes" section indicating the date and time of the changes and certifying the changes with the signature of the insurer's representative and the seal of the insurer or by issuing a reissued (new) compulsory insurance policy within two business days from date of return by the insured of the previously issued insurance policy. The compulsory insurance policy returned by the insured shall be kept by the insurer together with the second copy of the reissued insurance policy. On the initial and reissued insurance policies of compulsory insurance, a note is made about the reissuance, indicating the date of reissuance and the numbers of the initial and reissued insurance policies of compulsory insurance.

Changes to an insurance policy drawn up in the form of an electronic document in the manner prescribed by clause 1.11 of these Rules may be made electronically or by reissuing a compulsory insurance policy on paper. In the latter case, the policyholder is issued a reissued (new) compulsory insurance policy on paper.

The insurer enters into the automated information system of compulsory insurance information on changes in the information specified by the insured in the application for the conclusion of the contract of compulsory insurance and (or) submitted when concluding the contract of compulsory insurance, no later than five working days from the date of making changes to the insurance policy of compulsory insurance.

1.11. Compulsory insurance contract at the choice of the insured may be drawn up in the form of an electronic document.

In this case, the policyholder sends the insurer an application for the conclusion of a compulsory insurance contract in electronic form using the official website of the insurer on the Internet, including after access using a unified identification and authentication system created in accordance with the Decree of the Government of the Russian Federation of November 28 2011 N 977 "On the federal state information system" A unified system of identification and authentication in the infrastructure that provides information and technological interaction of information systems used to provide state and municipal services in electronic form "(Collected Legislation of the Russian Federation, 2011, N 49, Art. 7284; 2012, N 39, article 5269; 2013, N 5, article 377; N 45, article 5807; N 50, article 6601) (hereinafter - ESIA), or the official website of the professional association of insurers in the network " Internet" (access to which, at the option of the policyholder, can also be provided using the ESIA) by filling out the appropriate form on any of these sites.

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

The application for the conclusion of a compulsory insurance contract in electronic form is signed by a simple electronic signature of the insured - an individual or an enhanced qualified electronic signature of the insured - a legal entity in accordance with the requirements of the Federal Law of April 6, 2011 N 63-FZ "On Electronic Signature" Federation, 2011, N 15, item 2036; N 27, item 3880; 2012, N 29, item 3988; 2013, N 14, item 1668; N 27, item 3463, item 3477; 2014, N 11, article 1098; N 26, article 3390; 2016, N 1, article 65; N 26, article 3889) (hereinafter referred to as the Federal Law "On Electronic Signature").

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

Immediately after the insured fulfills the obligation to pay the insurance premium, the compulsory insurance policy in the form of an electronic document signed with an enhanced qualified electronic signature of the insurer in compliance with the requirements of the Federal Law "On Electronic Signature" is sent to the insured at the e-mail address indicated by him, as well as by placing it in personal account of the OSAGO insured, provided for by the Bank of Russia Ordinance of November 14, 2016 N 4190-U "On the requirements for the use of electronic documents and the procedure for exchanging information in electronic form in the implementation of compulsory insurance of civil liability of vehicle owners", registered by the Ministry of Justice of the Russian Federation on December 29, 2016 N 45034 ("Bulletin of the Bank of Russia" dated December 30, 2016 N 115-116).

At the request of the insured who has entered into a compulsory insurance contract in the form of an electronic document, he is issued an insurance policy issued on the form strict accountability. The moment of applying for an insurance policy issued on a strict accountability form is the date and time of filing an application for an insurance policy issued on a strict accountability form directly at the office of the insurer. Also, the insurer is obliged to send to the policyholder by mail an insurance policy drawn up on a strict reporting form on the date specified by the policyholder, and at his expense when applying through the official website of the insurer on the Internet or the official website of the professional association of insurers on the Internet, but not earlier than the working day following the day of payment for the service in the direction of the insurance policy to him.

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

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

1.13. The validity of the compulsory insurance contract is prematurely terminated in the following cases:

death of a citizen - insured or owner;

liquidation of the legal entity - the insured;

liquidation of the insurer;

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

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

revocation of the license of the insurer in the manner prescribed by the legislation of the Russian Federation;

change of the owner of the vehicle;

other cases stipulated by the legislation of the Russian Federation.

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

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

other cases stipulated by the legislation of the Russian Federation.

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

The calculation of the unexpired term of the contract (the period of use of the vehicle) begins on the day following the date of early termination of the compulsory insurance contract.

In cases of early termination of the compulsory insurance contract, provided for in paragraph 1.13 of these Rules, the date of early termination of the compulsory insurance contract is the date of the event that was the basis for its early termination and the occurrence of which is confirmed by documents of authorized bodies.

In cases of early termination of the compulsory insurance contract, provided for in paragraph 1.14 of these Rules, the date of early termination of the compulsory insurance contract is the date of receipt by the insurer of the insured's written application for early termination of the compulsory insurance contract and documentary confirmation of the fact that served as the basis for early termination of the contract.

In cases of early termination of the compulsory insurance contract provided for in clause 1.15 of these Rules, the date of early termination of the compulsory insurance contract is the date the insured receives a written notification from the insurer.

Part of the insurance premium is returned to the insured (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 paragraphs two, four, five, six of clause 1.13 of these Rules, or the policyholder's application for early termination of the contract of compulsory insurance on one of the grounds provided for in clause 1.14 of these Rules, or within 14 calendar days from the date following the date of receipt by the insured of a written notice from the insurer of the early termination of the compulsory insurance contract on the grounds provided for in paragraph three of clause 1.15 of these Rules.

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

1.17. In the event of early termination or at the end of the term of the compulsory insurance contract, the insurer shall provide the insured, the person whose liability risk was insured under such compulsory insurance contract, with information on insurance in the form specified in Appendix 4 to Bank of Russia Regulation No. 431 dated September 19, 2014 -P. Information about insurance is provided by the insurer free of charge in writing within five days from the date of the respective written request.

Chapter 2. Procedure for paying the insurance premium

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

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

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

If the terms of the compulsory insurance contract are changed during the period of its validity, the insurance premium is subject to change after the commencement of the compulsory insurance contract in the direction of its decrease or increase, depending on the changed information communicated by the insured to the insurer, affecting the degree of insurance risk.

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

2.2. The insurance premium under a compulsory insurance contract is paid by the insured to the insurer when concluding a compulsory insurance contract in a lump sum in cash or by bank transfer in accordance with the Regulation of the Bank of Russia dated June 19, 2012 N 383-P "On the rules for making a transfer Money", registered by the Ministry of Justice of the Russian Federation on June 22, 2012 N 24667, on August 14, 2013 N 29387, on May 19, 2014 N 32323, on June 11, 2015 N 37649, on January 27, 2016 N 40831 ("Bulletin of the Bank of Russia" dated June 28 2012 N 34, dated August 28, 2013 N 47, dated May 28, 2014 N 46, dated June 22, 2015 N 54, dated February 15, 2016 N 14).

Chapter 3. List of actions of persons in the implementation of compulsory insurance

3.1. In the event of an insured event (traffic accident), the drivers participating in this accident must take measures and fulfill the obligations stipulated by the Rules traffic of the Russian Federation, approved by the Decree of the Council of Ministers - the Government of the Russian Federation of October 23, 1993 N 1090 (Collection of Acts of the President and Government of the Russian Federation, 1993, N 47, Art. 4531; Collection of Legislation of the Russian Federation, 1998, N 45, Art. 5521; 2000, N 18, item 1985; 2001, N 11, item 1029; 2002, N 9, item 931; N 27, item 2693; 2003, N 20, item 1899; N 40, item 3891; 2005, N 52, item 5733; 2006, N 11, item 1179; 2008, N 8, item 741; N 17, item 1882; N 40, item 4549; 2009, N 2, item 233; No. 5, article 610; 2010, No. 9, article 976; No. 20, article 2471; 2011, No. 42, article 5922; 2012, No. 1, article 154; No. 15, article 1780; No. 30 , item 4289; N 47, item 6505; 2013, N 5, item 371, item 404; N 24, item 2999; N 31, item 4218; N 52, item 7173; 2014, N 14 , item 1625; N 21, item 2707; N 32, item 4487), as well as take the necessary measures in the circumstances in order to reduce possible losses from the incident, write down the names and addresses of eyewitnesses and indicate them in the notice of the road traffic

incident, take measures to prepare documents about the incident in accordance with these Rules.

3.2. The driver who is a participant in a road traffic accident is obliged to inform other participants in the road traffic accident of information about the compulsory insurance contract, including the number of the compulsory insurance policy, as well as the name, address and telephone number of the insurer.

3.3. Participants in a road traffic accident must notify the insurers that have insured their civil liability of the occurrence of an insured event in the cases and terms established by these Rules. 3.4. Registration of documents on a traffic accident may be carried out in the presence of the insurer (representative of the insurer) to determine the circumstances of the traffic accident and the damage (damage) caused by the message of the insured or the victim. To do this, the driver who is a participant in a road traffic accident informs the insurer that insured his civil liability, or his representative by any accessible way

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

In the absence of disagreements in the circumstances of the damage and the traffic accident, the nature and list of visible damage to vehicles, two drivers jointly fill out one form of notification of a traffic accident.

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

When causing harm to the life or health of passengers in vehicles, pedestrians, the presence of injured passengers, pedestrians shall be indicated in the notice of a traffic accident. If the participants in the traffic accident have information about the victims (surnames, first names, patronymics), they must submit this information to the insurer. Information about injured passengers, pedestrians is provided to the insurer by police units on the basis of his written request or a request sent electronically as part of electronic interaction.

In case of causing harm to the injured, the driver must inform the insurer about it in the manner and within the time limits established by these Rules.

3.6. When drawing up documents on a traffic accident without the participation of authorized police officers, the forms of notification of a traffic accident are filled in by both drivers of the vehicles involved in the traffic accident, while the circumstances of the harm, the scheme of the traffic accident, the nature and list of visible damages are certified by the signatures of both drivers. At the same time, each driver signs both sheets of the notification of a traffic accident with front side. The reverse side of the notice of a traffic accident is drawn up by each driver independently.

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

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

In order to establish the circumstances of causing harm and determine the amount of losses subject to compensation in connection with damage to property, an independent technical expertise, an independent expertise (assessment) is carried out. At the request of the insurer, the owners of the vehicles involved in the road traffic accident, who have drawn up documents on the road traffic accident in accordance with this paragraph of the Rules, are obliged to submit these vehicles for inspection and (or) independent technical expertise to the insurer within five working days from the date of receipt of such a demand, unless the parties have agreed on a different period.

3.7. The victim who received insurance compensation on the basis of paragraph 3.6 of these Rules is not entitled to present additional claims to the insurer for compensation for damage caused to his property as a result of such a traffic accident.

In order to exercise the right associated with compensation for harm caused to his property in an amount exceeding the amount of insurance compensation, the victim may apply to the court with a claim against the person who caused the harm.

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

3.8. Notices of a traffic accident filled in by drivers participating in a traffic accident, drawn up in accordance with clause 3.6 of these Rules, must be handed over or sent in any way that provides confirmation of sending as soon as possible, but no later than five working days after the traffic accident , the insurer that insured the civil liability of the driver, or the representative of the insurer in the constituent entity of the Russian Federation at the place of residence (location) of the victim or in the constituent entity of the Russian Federation in whose territory the traffic accident occurred. The injured driver submits to the insurer his/her own traffic accident notification form or a notification form completed jointly with other participants in the traffic accident at the same time as submitting an application for insurance indemnity or direct compensation for losses. A notice of a road traffic accident of a driver causing harm may be transmitted by facsimile with the simultaneous sending of its original by registered mail to the address of the insurer that insured his civil liability, or the representative of the insurer, indicated in the compulsory insurance policy.

3.9. An injured person who intends to exercise his right to an insurance indemnity is obliged to notify the insurer of the occurrence of an insured event as soon as possible.

Victims or beneficiaries submit to the insurer an application for insurance compensation or direct compensation for losses and the documents provided for by these Rules, within the time limits and in the manner established by clause 3.8 or clause 3.6 of these Rules, respectively.

The victim submits a claim for compensation for damage caused to his property to the insurer who insured the civil liability of the victim, if there are simultaneously the circumstances listed in clause 3.15 of these Rules.

If the obligation of the insurer to organize and pay for the restoration repair of the vehicle in the manner prescribed by paragraph two of clause 4.17 of these Rules is fulfilled, the victim in the application for insurance compensation or direct compensation for losses indicates compensation for the damage caused to his vehicle in kind, and also expresses consent to a possible increase in the terms of the restoration repair of the vehicle due to objective circumstances, including the repair technology and the availability of components (parts, assemblies and assemblies).

In case of fulfillment of the obligation of the insurer to organize and pay for the restoration repair of the vehicle in the manner prescribed by clauses 4.17.1 and 4.17.2 of these Rules, the victim in the application for insurance compensation or direct compensation for losses indicates the station Maintenance for the restoration of the vehicle.

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

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

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

documents containing bank details for receiving insurance indemnity, if the payment of insurance indemnity will be made in a cashless manner;

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

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

notice of a traffic accident;

copies of the protocol on an administrative offense, a decision on a case on an administrative offense or a ruling on the refusal to initiate a case on an administrative offense, if the execution of documents on a traffic accident was carried out with the participation of authorized police officers, and the preparation of such documents is provided for by the legislation of the Russian Federation.

In addition, the victim, depending on the type of harm caused, submits to the insurer the documents provided for in paragraphs 4.1, 4.2, 4.4 - 4.7 and (or) 4.13 of these Rules.

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

The insurer is not entitled to demand from the victim documents that are not provided for by these Rules.

3.11. When causing damage to property, the victim, who intends to exercise his right to insurance indemnity or direct compensation for losses, within five working days from the date of filing an application for insurance indemnity or direct compensation for losses and the documents attached to it in accordance with these Rules, is obliged to present the damaged vehicle or its remains for inspection and (or) independent technical expertise carried out in accordance with the rules approved by the Bank of Russia, other property - for inspection and (or) independent expertise (assessment) carried out in the manner established by the legislation of the Russian Federation, taking into account the specifics established Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners", and the insurer - to inspect damaged property and (or) organize an independent technical examination, an independent examination (assessment).

The insurer inspects the damaged property and (or) organizes an independent technical examination, an independent examination (assessment) by issuing a referral for an independent technical examination, an independent examination (assessment) (including by mail) within a period not exceeding five working days from the date of receipt applications for insurance indemnity or direct compensation for losses with the attached documents provided for by these Rules, unless a different period is agreed between the insurer and the victim. After the inspection and (or) independent technical expertise, independent expertise (assessment), upon a written application of the injured person, the insurer is obliged to familiarize him with the results of the inspection and (or) independent technical expertise, independent expertise (assessment). The fact that the insurer fulfills the obligation to organize an independent technical examination, an independent examination (assessment) is the issuance of the appropriate referral to the victim (including by mail).

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

If the injured property or its remains are not presented for inspection and (or) independent technical expertise, independent expertise (assessment) on the date agreed with the insurer, the insurer agrees with the victim new date inspection and (or) independent technical expertise, independent expertise (assessment) of damaged property or its remains. In this case, in the event that the victim fails to fulfill the obligation established by this clause of the Rules to present the damaged property or its remains for inspection and (or) independent technical expertise, independent expertise (assessment), the period for the insurer to make a decision on insurance compensation, specified in clause 4.22 of these Rules, may be extended for a period not exceeding the number of days between the date of submission of the damaged property or its remains to the victim and the date of inspection and (or) independent technical expertise, independent expertise (assessment) agreed with the victim, but not more than 20 calendar days, except for non-working holidays . In the event that the injured property or its remains are not presented for inspection and (or) independent technical expertise, independent expertise (assessment), the insurer shall notify the victim in writing of the impossibility of making a decision on insurance compensation until the victim performs the specified actions.

If the nature of the damage or the features of the damaged vehicle, other property preclude its submission for inspection and independent technical expertise, independent expertise (assessment) at the location of the insurer and (or) expert (including if the damage to the vehicle excludes its participation in road traffic) , this is indicated in the application. In this case, the inspection and independent technical expertise, independent expertise (assessment) are carried out at the location of the damaged property within a period of not more than five working days from the date of filing an application for insurance compensation or direct compensation for losses and documents provided for in paragraph 3.10 of these Rules, and in if a damaged vehicle or other property is located in hard-to-reach, remote or sparsely populated areas - within no more than 10 business days from the date of filing an application for insurance compensation or direct compensation for losses and documents provided for in paragraph 3.10 of these Rules, unless other terms are agreed between insurer and victims.

At the request of the insurer, the owner of the vehicle involved in the traffic accident, in the case of drawing up documents on the traffic accident in accordance with clause 3.6 of these Rules, shall submit the vehicle for inspection and (or) for an independent technical examination in the manner established by this clause Rules.

3.12. If the insurer did not inspect the damaged property within the time period specified in clause 3.11 of these Rules and (or) did not organize its independent technical examination, independent examination (assessment), then the injured person has the right to apply independently for such technical examination or examination (assessment), without presenting the damaged property or its remains to the insurer for inspection.

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

The cost of an independent technical expertise, an independent expertise (assessment), on the basis of which the insurance indemnity was made, is included in the losses to be reimbursed by the insurer under the compulsory insurance contract.

3.13. In order to clarify the circumstances of the damage caused by damage to vehicles, to establish the nature of the damage to the vehicle and their causes, technology, methods, the cost of its repair, as well as the actual cost of the vehicle on the date of the traffic accident, an independent technical examination of the vehicle is carried out in accordance with the rules , approved by the Bank of Russia, or an independent examination (assessment).

3.14. If the inspection and (or) independent technical expertise, independent expertise (assessment) of the damaged property or its remains presented by the victim do not allow to reliably establish the existence of an insured event and determine the amount of losses subject to compensation under the compulsory insurance contract, in order to clarify these circumstances, the insurer has the right within 10 working days from the moment the victim submitted an application for insurance compensation or direct compensation for losses, inspect the vehicle, during the use of which the victim was harmed, and (or) organize and pay for an independent technical examination in relation to this vehicle at his own expense. The owner of the vehicle, during the use of which the property of the victim was damaged, is obliged to present this vehicle at the request of the insurer.

The results of the inspection and (or) independent technical expertise (assessment) are drawn up in writing and signed by the insurer (its representative), the expert technician, the representative of the independent expert organization who conducted the independent technical expertise, if such an expertise was carried out, and the owner of the vehicle.

The insurer refuses to the victim in the insurance indemnity or part of it, if the repair of the damaged property or disposal of its remains, carried out prior to the inspection by the insurer and (or) an independent technical examination, an independent examination (valuation) of the damaged property in accordance with the requirements of these Rules, do not allow to reliably establish the presence of an insured event and the amount of losses subject to compensation under the compulsory insurance contract.

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

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

a traffic accident occurred as a result of interaction (collision) of two or more vehicles (including vehicles with trailers to them), the civil liability of the owners of which is insured in accordance with the Federal Law "On Compulsory Civil Liability Insurance of Vehicle Owners".

3.16. The insurer that has insured the civil liability of the victim shall assess the circumstances of the road traffic accident set out in the notice of the road traffic accident and, on the basis of an application for direct compensation for losses and the submitted documents, indemnify the victim for the damage caused to the vehicle of the victim, in the amount of the insurance indemnity from on behalf of the insurer who insured the civil liability of the person who caused the harm (carries out direct compensation for losses).

3.17. The exercise of the right to direct compensation for losses does not restrict the right of the victim to apply to the insurer that insured the civil liability of the person who caused the harm, with a claim for compensation for harm caused to life or health, which arose after the presentation of a claim for direct compensation for losses and which the victim did not know about on the moment the claim is made.

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

3.18. The insurer that has insured the civil liability of the victim shall indemnify the damage caused to the vehicle of the victim on behalf of the insurer that has insured the civil liability of the person who caused the harm (carries out direct compensation for losses), in accordance with the agreement on direct compensation for losses.

In relation to the insurer that insured the civil liability of the victim, in the event of a claim for direct compensation for losses, the provisions of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" are applied, which are established in relation to the insurer to which an application for insurance compensation has been submitted.

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

Chapter 4

4.1. 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 3.10 of these Rules, the application for insurance compensation shall be accompanied by:

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

a conclusion of a forensic medical examination issued in accordance with the procedure established by the legislation of the Russian Federation on the degree of loss of professional ability to work, and in the absence of professional ability to work - on the degree of loss of general ability to work (if such a conclusion exists);

a certificate confirming the fact of establishing a disability or the category of "disabled child" for the victim (if such a certificate is available);

certificate of the ambulance station on the medical care provided at the scene of the traffic accident.

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

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

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

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

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

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

The insurance payment in terms of compensation for the lost earnings (income) of the victim is carried out at a time or as agreed between the insurer and the victim in equal monthly payments.

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

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

In the absence of the persons specified in the first paragraph of this paragraph, the spouse, parents, children of the victim, citizens with whom the victim was dependent, if he did not have independent income, have the right to compensation for harm.

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

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

a copy of the death certificate;

birth certificate of the child (children), if at the time of the occurrence of the insured event, the deceased was dependent on minor children;

a certificate confirming the establishment of disability, if on the date of the occurrence of the insured event the dependents of the deceased were disabled;

a certificate from an educational organization stating that a family member of the deceased, who is entitled to receive compensation for harm, is studying in this educational institution if at the time of the occurrence of the insured event, the deceased was dependent on persons studying in an educational institution;

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

certificate of the social security authority (medical organization, 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 dependents of the deceased were non-working members families caring for his relatives.

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

a copy of the death certificate;

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

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

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

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

4.4.5. In the event that during the life of the victim an insurance payment was made for causing harm to health, it is deducted from the amount of the insurance payment for compensation for harm in connection with the death of the victim, which occurred as a result of the same insured event.

4.5. Persons who have incurred the necessary expenses for the burial of the deceased, upon presentation of a claim for compensation for harm, represent:

a copy of the death certificate;

documents confirming the expenses incurred for the burial.

Burial expenses are reimbursed in the amount of not more than 25 thousand rubles.

4.6. The victim, upon presentation of a claim for reimbursement of 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 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 medicines.

4.7. The victim, upon presentation of a claim for reimbursement of additional expenses incurred by him, caused by damage to health as a result of an insured event (except for the costs of treatment and purchase of medicines), shall submit a medical report issued in accordance with the procedure established by the legislation of the Russian Federation, a conclusion of a medico-social or forensic medical examination 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 meals:

a certificate from a medical organization on the composition of the daily supplementary food package required for the victim;

documents confirming the payment for the purchased products from the supplementary food set.

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

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. Upon presentation of a claim for reimbursement of expenses for sanatorium treatment:

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

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

documents confirming payment for a voucher for sanatorium treatment.

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

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

documents confirming payment for the purchased special vehicle;

a copy of the contract in accordance with which the special vehicle was purchased.

4.7.6. Upon presentation to the victims of a claim for reimbursement of expenses related to training for another profession:

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

proof of payment vocational training(retraining).

4.7.7. Upon presentation of 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 of medical or other organizations confirming the need to receive relevant services or items;

documents confirming the 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 an insured event, and on their payment, or pay these services directly to the medical organization that provided them.

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

4.10. Bodies of state social insurance and social security, as well as insurance medical organizations are not entitled to present recourse claims to the insurer that carries out compulsory insurance.

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

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

not more than 25 thousand rubles for reimbursement of burial expenses - to persons who have incurred these expenses.

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

Until April 1, 2015, in order to receive insurance compensation in case of causing harm to the life or health of the injured person, who are entitled to receive insurance compensation, provide the insurer with the documents provided for in paragraphs 3.10, 4.1, 4.2, paragraphs four - tenth of paragraph 4.4, paragraphs 4.5 - 4.7 of these Rules.

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

4.12. In case of damage to the property of the victim, the following are subject to compensation within the sum insured:

in case of complete loss of the property of the victim - the actual value of the property on the day of the occurrence of the insured event, minus the cost of usable remains, in case 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;

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

4.13. When causing damage to the property of the victim (vehicles, buildings, structures, structures, other property of individuals, legal entities), in addition to the documents provided for in clause 3.10 of these Rules, the victim shall submit:

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

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 victims;

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

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

other documents that the victim is entitled 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 submits to the insurer the original documents specified in paragraph 4.13 of these Rules, or their duly certified copies.

To confirm the payment for the purchased goods, work performed and (or) services rendered, the insurer shall be provided with the original documents.

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

in case of complete loss of the property of the victim (if the repair of the damaged property is impossible or the cost of repairing the damaged property is equal to its value or exceeds its value 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 cost of 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).

Recovery costs are paid on the basis of the average prevailing prices in the region, with the exception of cases where the victims receive compensation for the harm caused in kind.

In the event that the victims receive in-kind compensation for the damage caused, the recovery costs shall be paid by the insurer in accordance with the contract providing for the repair of the vehicles of the victims, concluded between the insurer and the vehicle service station to which the vehicle of the victim was sent for repair.

When determining the amount of restoration costs, the wear of parts, assemblies and assemblies is taken into account. The amount of expenses for spare parts is determined taking into account the wear and tear of components (parts, assemblies and assemblies) to be replaced during 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 cost of restoring damaged property includes:

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

the cost of paying for the work associated with such repairs;

if the damaged property is not a vehicle - expenses for the delivery of materials and spare parts to the place of repair, expenses for the delivery of property to the place of repair and back, expenses for the delivery of repair teams to the place of repair and back.

Repair costs do not include additional expenses caused by the improvement and modernization of property, and costs caused by temporary or ancillary repairs or restoration.

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

by organizing and paying for the restoration repair of the damaged vehicle of the victim at the service station chosen by the victim in agreement with the insurer, with which the insurer has concluded an agreement for the organization of restoration repairs (compensation for damage in kind);

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

In the event that the insurer has concluded an appropriate agreement with the service station, the choice of the method of compensation for harm is carried out by the victim.

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

In case of indemnification of the damage caused in kind, the insurer issues to the victim within the time limits provided for in clause 4.22 of these Rules, a referral for repairs. Referral for repairs without fail should contain information:

about the victim who has been issued such a referral;

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

about the vehicle to be repaired;

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 the restoration repair;

the timing of the repair;

on the amount of the possible surcharge of the victim for the restoration repair, due to the wear and tear of parts and assemblies replaced during the repair and their replacement with new parts and assemblies, or the amount of wear and tear on the parts and assemblies to be replaced without specifying the amount of the surcharge (in this case, the amount of the surcharge is determined by the service station and indicated in the documents issued to the victim upon receipt of the vehicle).

The term for the repair is determined by the service station in agreement with the victim and is indicated by the service station when receiving the vehicle of the victim in the direction 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, about which the insurer must be informed.

Relations between the service station and the victim regarding the repair of the vehicle belonging to the victim are regulated by the legislation of the Russian Federation.

The obligations of the insurer to organize and pay for the restoration repair of the victim's vehicle are considered to be duly fulfilled by the insurer from the moment the victim receives the repaired vehicle. At the same time, the insurer that issued the referral for repair is liable for the failure of the service station to comply with the deadline agreed with the victim for the transfer of the repaired vehicle to the victim, as well as for the violation of other obligations for the restoration of the victim’s vehicle. The liability of the insurer does not arise if the injured party has agreed to change the deadline for the transfer of the repaired vehicle or has accepted the repaired vehicle from the service station without indicating at the time of its acceptance that there are claims to the rendered repair service.

Compensation for damage caused to the property of the victim, which is not a vehicle, as well as compensation for damage in the event of complete destruction of the vehicle, shall be carried out in the manner provided for in paragraph three of this paragraph.

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 receiving the victim’s vehicle for repair or in another document issued to the victim.

The procedure for settling payment for repairs not related to an 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 when accepting the vehicle for repair.

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

Under compulsory insurance contracts concluded before October 1, 2014, the payment of insurance compensation for damage caused to the property of the victim (victims) is made subject to the following condition: if the insurance payment will be 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 sum insured, insurance payments are made in proportion to the ratio of this sum insured to the amount of the specified claims of the victims (taking into account the limitation of the amount of insurance payment in terms of compensation for damage caused to the property of one victim).

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 (with the exception of cases established by paragraph 16.1 of Article 12 of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners") in accordance with paragraph 15.2 or 15.3 of Article 12 of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" by organizing and (or) paying for the restoration of a damaged vehicle of the victim.

When compensating for the harm 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/her in the manner specified in the application for insurance indemnity or direct indemnification.

4.17.2. The victim, who intends to receive insurance compensation for the harm caused in the manner prescribed by paragraph 15.3 of Article 12 of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners", indicates in the application for insurance compensation or direct compensation for losses the full name, address (location) and payment details service station where he intends to organize the repair of the damaged vehicle. The Insurer, within 15 calendar days, except for non-working holidays, after receiving such an application and the documents attached to it, provided for by these Rules, shall notify the injured person in writing of the approval of the repair at the specified service station or the refusal of such approval.

In the absence of the insurer's written consent to pay for the cost of restoring the service station, provided for in paragraph 15.3 of Article 12 of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners", insurance compensation for damage is carried out in accordance with paragraph 15.2 of Article 12 of the Federal Law "On Compulsory Civil Liability Insurance liability of vehicle owners.

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

4.19. The insurer has the right to independently request bodies and organizations in accordance with their competence, determined by the legislation of the Russian Federation, to provide the 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 indemnity in case of failure to submit any of the documents specified in these Rules, if their absence does not affect the determination of the amount of insurance indemnity.

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

4.20. In order to obtain information about the presence of a diagnostic card valid at the time of the insured event, containing information about the compliance of the vehicle with the mandatory safety requirements of vehicles, issued in relation to the vehicle, during the use of which the life, health or property of the victim was harmed, the insurer uses the information contained in a single automated information system for technical inspection.

4.21. The policyholder shall take reasonable and available measures in the circumstances in order to reduce losses. Expenses incurred in order to reduce losses (provision of a vehicle for delivering a victim of a traffic accident to a medical organization, participation 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.

4.22. The insurer considers the application of the victim 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, except for non-working holidays, and in the case provided for in paragraph 4.17.2 of these Rules of the Rules, 30 calendar days, excluding non-working holidays, from the date of their receipt.

Within the specified period, the insurer is obliged to draw up a document confirming the decision of the insurer on the implementation of insurance compensation or direct compensation for losses, fixing the causes and circumstances of the traffic accident, which is an insured event, its consequences, the nature and amount of the damage incurred, the amount of the sum insured payable (hereinafter - an act on an insured event), and make an insurance payment, and in case of compensation for damage in kind, issue a referral for repairs to the victim (in the latter case, an act on an insured event is not drawn up by the insurer) or send a written notice of a refusal to pay an insurance payment or a refusal in issuing a referral for repairs, indicating the reasons for the refusal.

The insurer, within 15 calendar days, except for non-working holidays, from the date of acceptance of the first application for insurance compensation in terms of compensation for harm caused to the life of the victim as a result of an insured event, accepts applications for insurance compensation and the documents provided for in 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, decide on the implementation of the insurance payment, carry out insurance payment or send a written notice of a full or partial refusal to make an insurance payment, indicating the reasons for the refusal. The insurance payment in terms of compensation for harm caused to the life of the victim is carried out at a time.

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

In case of non-compliance with the deadline for sending the victim reasoned refusal in the insurance indemnity, the insurer pays him money for each day of delay in the form of financial sanction in the amount of 0.05 percent of the sum insured established by the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" according to the type of harm caused.

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

The forfeit (penalty) or the amount of the financial sanction provided for by this paragraph in case of non-compliance with the term for the implementation of the insurance indemnity or the term for sending a reasoned refusal to the victim in the insurance indemnity shall be paid to the victim on the basis of the application filed by him for the payment of such a forfeit (fine) or the amount of such a financial sanction, which indicates the form settlement (cash or non-cash), as well as bank details for which such a penalty (penalty) or the amount of such a financial sanction must be paid if the victim chooses a non-cash settlement procedure. In this case, the insurer is not entitled to require additional documents for their payment.

The total amount of the forfeit (penalty), the amount of the financial sanction, which are payable to the victim - an individual, cannot exceed the amount of the sum insured by the type of harm caused, established by the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners".

4.23. In the act of the insured event, on the basis of the available documents, the insurance indemnity is calculated and its amount is indicated. A copy of the act on the insured event is transferred by the insurer to the injured (beneficiary) at his written request no later than three calendar days, except for non-working holidays, from the date the insurer receives such a claim (if the claim is received after drawing up the act on the insured event) or no later than three calendar days , with the exception of non-working holidays, from the date of drawing up the act on the insured event (upon receipt of a claim before drawing up the act 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 the damage subject to compensation is fully determined. In this case, the insurer has the right to pay a part of the insurance indemnity corresponding to the actually determined part of the specified damage.

4.25. In the event of disagreement between the insurer and the victim regarding the amount of damage subject to compensation under the compulsory insurance contract, the insurer is in any case obliged to make an insurance payment in the part not disputed by him.

4.26. If the insurance indemnity, the denial of the insurance indemnity or the change in its amount depend on the results of proceedings in a criminal or civil case or a case of an administrative offense, the term for the implementation of the insurance indemnity or a 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 insurance payment in cash or transferring it in a non-cash manner or by issuing a referral for the repair of a 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 measures;

civil war, riots or strikes;

other circumstances exempting the insurer from the payment of insurance compensation under the compulsory insurance contract on the basis of the current legislation or these Rules.

Chapter 5

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

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

The claim must contain:

the name of the insurer to whom it is sent;

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

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

bank details of the victim (or other beneficiary), for which it is necessary to make an insurance payment if the claim is recognized by the insurer as justified, or an indication of the receipt of funds at the cash desk of the insurer;

surname, name, patronymic (if any), position (in the case of filing a claim by a legal entity) of the person who signed the claim, his signature.

In the annex to the claim, the victim submits the originals or duly certified copies of the following documents (if any of the documents listed below was not submitted to the insurer earlier when applying for an insured event):

passport or other document proving the identity of the applicant;

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

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

the policy of compulsory insurance of the victim (in the case of drawing up documents on a traffic accident without the participation of authorized police officers), except in cases of making a claim against the insurer who insured the civil liability of the victim.

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

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

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

send a denial of the claim.

The grounds for refusal to satisfy the claim are:

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

non-submission of originals (duly certified copies) of documents substantiating the claims of the victim;

in case of receipt of payment in a non-cash manner, the absence in the claim of an indication of the bank details of the victim (or other beneficiary);

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

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

Refusal to satisfy the claim shall be sent by the insurer to the address indicated by the victim in the claim.

5.3. If, when transferring the repaired vehicle to the victim, the victim has claims regarding the results of the restoration repair, the victim indicates this in the act of acceptance and transfer of the repaired vehicle.

In the case provided for in paragraph one of this clause, as well as in the event that the injured party discovers shortcomings in the restoration repair of the vehicle during the warranty period specified in the vehicle acceptance and transfer certificate, the injured party sends a claim to the insurer in accordance with clause 5.1 of these Rules.

The insurer, within 5 calendar days, except for non-working holidays, from the date of receipt of the specified claim, is obliged to organize an inspection of the vehicle of the victim, and the victim - to present the vehicle for inspection at the time and place agreed with the insurer. The insurer has the right to involve in the inspection of the vehicle the injured representative of the service station that carried out the restoration repair of the vehicle.

During the inspection, a conclusion is made about the presence or absence of shortcomings in the restoration repair, about the completeness of the work performed, the presence or absence of a connection between the identified shortcomings and the consequences of the insured event and (or) the restoration repair of the vehicle carried out by the service station, about technical feasibility elimination of the identified shortcomings of the restoration repair. The results of the inspection are reflected in the inspection report, which concludes that it is possible or impossible to eliminate the shortcomings of the restoration repair of the vehicle by re-repairing or that there are no shortcomings.

The inspection report is drawn up on the day it is carried out in three copies and handed over under the signature to the representative of the service station, the representative of the insurer and the victim. If the inspection report contains a conclusion that it is possible to eliminate the shortcomings of the restoration repair by carrying out repeated repairs, together with such an act, the victim is given a direction for repairs to eliminate the shortcomings of the restoration repair of the vehicle, unless another method of elimination is chosen by agreement concluded in writing between the insurer and the victim these deficiencies. If the inspection report contains a conclusion that it is impossible to eliminate the shortcomings of the restoration repair by carrying out repeated repairs, the elimination of the shortcomings of the restoration repair is carried out in accordance with paragraph three of paragraph 15 of Article 12 of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners".

Chapter 6. Requirements for the organization of the restoration repair of a damaged vehicle

6.1. The deadline for restoring a damaged vehicle is 30 working days from the day the victim presents such a vehicle to a service station or transfers such a vehicle to the insurer for organizing its transportation to the place where the restorative repair is to be carried out.

The expiration date for the restoration repair is the date of signing by the victim of the certificate of acceptance and transfer of the repaired vehicle, drawn up in triplicate by the service station or the insurer in the event that the vehicle is transported to the place of restoration repair. One copy of the signed act of acceptance and transfer of the repaired vehicle is transferred to the victim, one copy - to the insurer and the service station.

6.2. The maximum length of the route laid on public roads, at the choice of the victim from the place of the traffic accident or the place of residence of the victim to the service station, may not exceed 50 kilometers, unless the insurer has organized and (or) paid for the transportation of the damaged vehicle to refurbishment sites and back.

In the case of organization and (or) payment by the insurer for the transportation of a damaged vehicle, the maximum length of the route specified in paragraph one of this paragraph is calculated to the place of transfer of such a vehicle to the insurer.

6.3. Refurbishment of a vehicle that has been manufactured for less than two years must be carried out by a service station that is a legal entity or an individual entrepreneur registered in the Russian Federation and carrying out service maintenance such vehicles on its own behalf and at its own expense in accordance with the agreement concluded with the manufacturer and (or) importer (distributor) of vehicles of certain brands.

On April 1, 2018, a new version of the OSAGO motor insurance rules, approved by the Central Bank, began to operate. What changes have been made to OSAGO?

OSAGO 2018 changes: new rules

motor vehicle insurance OSAGO

Happy April, 1

A few days ago, a new edition began to operate " rules mandatory insurance civil liability of vehicle owners”, approved by the Central Bank.

Amendments have been made to the document, according to which the victim in an accident at the time of filing an application for insurance compensation is no longer required to attach to the application a certificate of an accident issued by the traffic police department in the form of order of the Ministry of Internal Affairs No. 154.

The same directive clarified that a two-dimensional QR code applied to OSAGO policy , does not have to be printed "by typography" - this requirement was also removed from the rules.

Recall that earlier insurance companies required certificates of traffic accidents - a document issued by the traffic police was necessary for insurers to protect against fraud.

In 2014, the Ministry of Internal Affairs lost the authority to approve the certificate form and issue these documents to drivers. However, the practice continued until October 2017. Then the order of the Ministry of Internal Affairs No. 664 came into force, according to which the State traffic inspectorate stopped issuing certificates forever, as reported by Kommersant.

Despite the fact that insurers (as the traffic police assured) were warned about the innovations, for many companies the innovation came as a complete surprise. The problem was that insurance rules , approved by the Central Bank, still contained the rule to require certificates from drivers, which, at the same time, were no longer in nature. And formally, the payment of compensation without a full package of documents was a violation.

In some regions, the traffic police began to issue, instead of certificates, annexes to the protocols, which contained all the information about the accident. Insurers were rather skeptical about this. In resolutions and definitions, for example, there is no data on a medical examination, information on leaving the scene of an accident (all this may serve as a reason for filing a recourse claim of the insurer against the perpetrator of the accident), short description circumstances of the accident.

At the end of December 2017, the Executive Director of the Russian Union of Motor Insurers (RSA), Evgeny Ufimtsev, said that the traffic police plans to develop a single form in the form of an insert or an annex to the protocol, which will contain the information necessary for insurers. “The documents that are now being drawn up by the traffic police after the cancellation of the certificate lack a number of serious fields that insurers need to settle losses,” he explained. There was no confirmation of such plans from the State traffic inspectorate.

Driving without insurance has become a necessary measure in the last year.

Fine for driving without insurance - 800 rubles, the amount is small, but the procedure is unpleasant, and it's a pity for the lost time.

Impossibility to issue OSAGO policy this is not the only reason for his absence. It may be missing due to:

• the driver forgot the policy at home;
• the car is driven by a person not included in the document;
• the policy was not issued;
• the document is expired.

And for each of them there is an administrative fine for insurance.

Driving without insurance, types of fines:

In the table I gave a brief wording of violations and responsibility for them, the table can be printed out and put into your car documents, I think it will not harm you.

Attention!

From November 15, 2014, if there is no insurance for the car, the removal of license plates and the ban on the operation of the vehicle is CANCELLED.

Now let's look at each item in more detail with excerpts from the Code of Administrative Offenses of the Russian Federation.

Penalty for driving without an OSAGO policy

If you have OSAGO policy , but for some reason you forgot your insurance at home, you, of course, will be fined for not having OSAGO, but to be honest, this is the lesser of evils, a fine for driving without OSAGO policy will be - 500 rubles.

Article 12.3. Part 2. “Driving a vehicle by a driver who does not have an insurance policy of compulsory insurance of civil liability of vehicle owners, except for the case provided for by Part 2 of Article 12.37 of this Code,

- entails a warning or the imposition of an administrative fine in the amount of 500 rubles.

Penalty for not having insurance

The situation is more complicated if there is no insurance at all, a fine of 800 rubles. Until November 15, 2014, driving a car without insurance threatened to evacuate the car and remove license plates. I am glad that this terror was canceled.

Article 12.37. part 2. “Failure by the owner of a vehicle of the obligation established by federal law to insure his civil liability, as well as driving a vehicle, if such compulsory insurance is known to be absent,

- shall entail the imposition of an administrative fine in the amount of 800 rubles.

Late insurance fee

Please note that in the administrative code of the Russian Federation there is no concept of overdue insurance. If you have expired OSAGO policy , then it IS EQUAL to NO INSURANCE. Driving with expired OSAGO insurance is punishable by a fine of 800 rubles. Overdue OSAGO policy you do not need to throw it away, it may be required in the future to restore the KBM.

Penalty for driving outside the period of use

To be honest, I did not immediately understand what the point is. And it turns out everything is as simple as always. Consider an example, you have issued OSAGO policy for 1 year, with the period of using the vehicle from April to October, in the so-called summer season. But it turned out like this

that you had to drive in December. This will be driving outside the period of use. In fact, it turns out that you have a policy (for a period of 1 year), but the period of use is from April to October. Driving a car outside the period of use threatens you with a fine of 500 rubles.

Article 12.37. part 1. “Driving a vehicle during the period of its use, not covered by the insurance policy of compulsory civil liability insurance of vehicle owners

Not covered by insurance

“What is the fine if it is not included in the insurance” - many drivers are surprised, because in fact there is insurance, well, it is not included, yes, but the car is insured. Alas, in Russia at the moment it is not the car that is insured, but the responsibility of the driver to other road users. And if your car is driven by a driver who is not listed in the insurance, but he has rights, for example, your wife was driving you from friends or a friend was driving, then the fine if not included in the insurance is 500 rubles.

Article 12.37. part 1. “Driving a vehicle in violation of the conditions provided for by this insurance policy for driving this vehicle only by the drivers specified in this insurance policy

- shall entail the imposition of an administrative fine in the amount of 500 rubles.

I think we have exhaustively answered the question of how much the fine for lack of insurance, now about how to pay it and how many times you can write it out.

You can check if you have been fined here:

You can pay the fine in 2 ways:

1. At the nearest bank or post office.
2. Through the Internet:

• on the website of the state traffic inspectorate;
• to Sberbank online;
• Yandex money;
• through the website of public services;
• electronic wallets.

These methods have nuances.

1. Not all banks accept payments for traffic police fines.
2. A commission is provided, it is a small 40-60 rubles, but it is obligatory.
3. You will receive a check in your hands, which will be a confirmation of payment of the fine.

How many times can they be fined

for driving without insurance during the day

We are often asked how many times the traffic police inspector has the right to fine you during the day for lack of insurance. Moreover, the following provision of the Code of Administrative Offenses of the Russian Federation is cited as an argument:

Clause 5, Article 4.1 of the Code of Administrative Offenses of the Russian Federation “No one can bear administrative responsibility twice for the same administrative offense”

Legal norms exclude the possibility of issuing 2 or more decisions on the imposition of an administrative penalty in the same case.

Those. if you were stopped by a traffic police inspector and issued a fine for lack of insurance, then this is a completed offense and you cannot be fined for it a second time, but if you continue to move and after 10 km you are stopped by a traffic police inspector and write out again a fine for lack of insurance, then this is a new offense (another time, another place of the offense, etc.) and so can continue repeatedly!

Since, in accordance with paragraph 2 of Article 19.2 of the Federal Law "On Road Safety", the operation of a vehicle without insurance is prohibited!

“It is forbidden to operate vehicles whose owners have not fulfilled the obligation established by federal law to insure their civil liability.”

On April 28, 2017, amendments to the OSAGO law come into force. They will concern only those treaties that are signed after the specified date. The President has already approved changes that provide for the replacement of monetary compensation with vehicle repairs.

Until April 28, car owners can claim monetary compensation, as it was before. If OSAGO was issued before this date, then after it the car owner will be paid a monetary compensation. This will continue until the end of the contract. After the issuance of a new policy, the already updated rules will take effect. Insurance companies do their own repairs of the car, and the money is paid only as a last resort.

Six months later, other innovations come into force. They allow you to receive direct compensation even if more than two cars were involved in an accident.

Mandatory monetary compensation

Compensation for losses in cash is due in such cases:

• Vehicle recovery is not possible.
• The mutual responsibility of the participants in the accident is established.
• The sum insured does not cover repair costs.
• The victim is disabled and drives a special vehicle.
• The victim died as a result of an accident, and relatives refuse to repair the car.
• The victim suffered moderate or severe harm and refuses to repair the vehicle.
• The insurance company and the victim came to an agreement regarding monetary compensation.
• The victim does not want to make repairs in a car service that does not have a contract for warranty service with the vehicle manufacturer.

Thus, simply by desire to receive money in hand will not work. If the case is not included in the above list, you can only try to negotiate with the insurance company.

Old terms

Previously, the insurance company reimbursed losses in two ways. At the first time, the money was transferred to a car service that carried out repairs. If the sum insured did not cover the costs, the car owner had to cover the difference out of his own pocket. If desired, it was possible to refuse the repair and take the cash.

The problem with the second method is the high risk of fraud. Quite often, unscrupulous drivers received illegal compensation with the help of the same lawyers. For this, they arranged an accident specifically. Compensation was usually more than enough for repairs, the rest could be considered the profit of scammers. Now the room for maneuver has narrowed significantly.

Innovations

After April 28, the insurance company only pays for repairs, taking into account the wear and tear of the car, and does not issue money in hand. This applies to all cars registered in the territory of the Russian Federation and owned by citizens of the country.

Compensation for damage

In the event of an accident, a representative of the insurance company leaves the place. The vehicle is inspected and the damage is determined. Then a referral for repairs is issued. By the way, all parts installed during the repair must be only new. The cost of spare parts is determined taking into account the wear and tear of the car. If the reimbursement is not enough, the owner of the vehicle will have to pay extra himself.

Repair

A referral for repairs must be issued no later than 20 days from the receipt of an application for an insured event. If the repair is carried out in a service that is not included in the list of the company, 1 month is allotted for issuing a referral.

All repair work must be completed within 30 days after the car is received by the car service center. The deadlines are extended only in individual cases, if it is impossible to cope faster. At the same time, the car owner should not be against the extension of the repair. If the work is not completed within the specified period, the insurance company undertakes to pay a penalty.

For all body work 1 year warranty is provided. For the rest of the repair - 6 months.

Choosing a car service

Each insurer enters into contracts with certain services. There can be any number of them. But the car is sent to a service located no further than 50 km from the place of residence of the car owner or the scene of an accident.

But if the company is ready to pay for transportation by a tow truck, then the vehicle can be sent to any service, even if it is located several hundred kilometers from the accident site. Return shipping in this case is also carried out at the expense of the company.

If the car is still under warranty, the company must issue a referral to an authorized car service that specializes in servicing cars of a certain brand. If there are none in the list of the insurer, the driver has the right to demand monetary compensation. Or you can agree to repair in another place, but this is no longer necessary.

This rule applies only to cars whose age does not exceed 2 years. After this time, even if the warranty is still valid, the insurer can choose to repair any service from its list and refuse to pay compensation. Given that the warranty is given for 3-5 years, this innovation is rather controversial. Most likely there will be some fixes in the future.

The client of the insurance company during the execution of the policy can independently indicate the car service in which he wants to repair his car. It is understood that you can choose a specific option from the list of companies. But it is allowed to choose another service if the company agrees to it. Such consent must be recorded in writing, otherwise the insurer will have the right to give a referral to the service at its discretion.

If for any reason the repair cannot be carried out in the selected service, the car owner is provided with monetary compensation.

Poor repair

If the repair was performed unsatisfactorily or the work deadlines were missed, the car owner may demand monetary compensation. In case of refusal, it is necessary to apply to the court.

Repair Surcharge

According to the methodology of the Central Bank, when evaluating spare parts, the degree of wear is taken into account. A number of other indicators are also taken into account. The insurance company analyzes the examination data, assesses the condition of the car before the accident and sets the maximum amount allocated for repairs. If it is not enough, the car owner must cover the difference.

To save money, you can negotiate with the insurance company about the installation of used parts. It is quite possible to find old parts at parsing, car markets, and even in your own garage. The agreement must be in writing.

Now you can also demand a surcharge from the culprit of the accident, and in this case, depreciation is not taken into account.

For current policy holders

Until April 28, all the conditions of OSAGO policies remain the same. When you need to conclude a new contract, try to choose the insurance company as carefully as possible. Before, you could just take the money. Now you need to consider with which services the insurance company has contracts.

The law requires each insurance company to post a list of their car services on the official website. In this list, you can see the addresses of services, brands of cars being repaired, terms of work. All this must be read before signing the contract, in order to save yourself from inconvenience later.

If you already have a reliable proven service, find out which insurance companies it cooperates with.

Receipts must be kept for all self-replaceable parts. They may be needed in court.

Even a small mistake can be a reason for refusing compensation. Therefore, make sure that after an accident all documents are drawn up correctly.

Future car owners

When buying a new car, check the list of authorized car services with which the dealer cooperates. Then find one of these services in the list of the insurance company and enter into a service agreement in it. When contacting the insurance company of the person responsible for the accident, also demand that the repair be carried out in the service of your choice.

When buying a used car, try to get documents from the owner for all parts that have been recently replaced. You should be especially careful when buying expensive used cars. Accident insurance may not cover the cost of repairs, and you will have to pay the difference yourself. Consider if you can do it.

Every motorist is interested in what amendments have entered or may only enter into force under the OSAGO law in 2017 and how the changes will affect the lives of drivers and insurers. Moreover, there are really a lot of innovations - some have already been adopted and have been in effect for a long time, others are only being discussed by the government and various departments. In any case, they are all quite significant for the auto insurance market.

Mandatory status of the electronic policy

Fundamental changes in the field of OSAGO from January 1, 2017 relate to the fact that all companies offering to insure their motor third party liability are now required to provide the possibility of obtaining an OSAGO policy online. That is, the insurer's website should have an appropriate service that will allow the client to draw up an insurance contract using a PC, laptop, smartphone and Internet access. After payment, the policy is simply sent to the policyholder's e-mail or a link is provided for downloading it. At the same time, the insurer is obliged to enter all the data on the new OSAGO policy into the AIS in a timely manner.

It turns out that an insurance contract can now be drawn up in the form of an electronic document, which in legal terms is in no way inferior to a paper form. It doesn't need to be completed. It is enough to print or save on a smartphone in order to present it to the traffic police officer if necessary.

Also, amendments to the OSAGO law say that if an insurance company cannot organize such a service on its website, then it will face not only a fine (up to 300,000 rubles), but also a ban on further activities. The main duty of insurers is to ensure the uninterrupted functioning of their Internet resource for 24 hours a day. Otherwise, citizens who could not use the “insurance online” service for technical reasons related to malfunctions on the site may complain to the Central Bank or the PCA.

Responsibility of the insured

However, a number of measures have also been taken with regard to vehicle owners and policyholders. For example, a person may deliberately enter false data when applying for a policy online, which will reduce the final cost of insurance. Therefore, a corresponding amendment was adopted, and in paragraph 1 of Art. 14 will now be subparagraph "k". It says that the insurance company in this case can recover from its client:

• The difference between the correct and undervalued value (even if there were no payments);
• The amount of insurance payment to the injured party (upon the occurrence of an insured event).