Today, car insurance is an extremely popular service. Most often, car owners purchase OSAGO and CASCO policies. There are some similarities and differences between them.
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The differences between and are primarily as follows:
There are also many other important differences. All of them directly influence each other.
For example, the cost of a policy directly depends on the object of insurance. That is why it is necessary to take into account all the nuances before choosing a particular policy.
The form of insurance with the OSAGO policy is fixed on legislative level. This is the main difference between this service and CASCO. The form voluntary insurance also covered in legislation, but the requirements are much less severe.
The Civil Code of the Russian Federation states that an agreement on compulsory civil liability insurance must be concluded:
If these two conditions are not met, the OSAGO policy may be considered invalid, since the form of insurance has not been observed. When issuing a CASCO policy, a written agreement is also required. But the basis for the conclusion of the contract can be oral.
To apply for an OSAGO policy, you must have the following documents:
And the presence of each is mandatory. The requirements for the package of documents when applying for a CASCO policy are less stringent.
It is only necessary to provide the insurer with:
The only condition is to inspect the car to detect various kinds of defects and damage.
After the conclusion of the contract in writing, the employee of the insurance company is obliged to hand over to the insured the following documents:
The above list is identical for CASCO and OSAGO.
The object of insurance by the OSAGO policy is enshrined at the legislative level in the Federal Law "On OSAGO".
According to him, the object of compulsory insurance are property interests of the insured, directly related to the civil liability of the person to other road users.
These risks include the following:
Under the OSAGO policy, compensation is paid only to those injured in an accident. Guilty given insurance service does not allow you to receive any compensation payments. This is precisely the disadvantage and the most important difference between OSAGO and the CASCO policy.
The object of CASCO insurance is also the property interests of the insured. But a voluntary insurance policy provides monetary compensation not only in the case when the insured is not guilty of an accident, but also in the presence of his direct fault.
CASCO also provides an opportunity to receive compensation for the following risks:
It is the vastness of CASCO coverage that compares favorably with the usual CMTPL policy. Compulsory third party liability insurance policy provides minimal protection against various kinds of risks.
Another important difference between the CASCO policy and OSAGO is the cost. The price of compulsory third party liability insurance is fixed at the state level by law.
However, there is a certain tariff corridor within which Insurance companies can play with prices.
To date, the basic rates for OSAGO for various types of equipment are as follows:
To calculate the cost of an OSAGO policy, special correction factors are used. They are also set at the legislative level and are not subject to change.
Most often, the cost of a compulsory motor third party liability insurance policy does not exceed 5-10 thousand rubles The cost of a CASCO policy today is usually at least 10 thousand rubles.
Sometimes the price of this insurance service for especially expensive cars reaches six figures. The main reason for this is a large amount of compensation and a significant number of insurance risks, in the event of which insurance is paid.
The cost of a CASCO policy is influenced by the same factors as the price of OSAGO. But the value of the correction factors, as well as the base rate, is an order of magnitude higher.
An insurance company licensed to issue OSAGO does not have the right to refuse car insurance to a car owner. Otherwise, the latter has the full right to appeal such a refusal to the RSA - the Russian Union of Insurers, as well as in court.
The insurance company has the right not to issue a CASCO policy for any car owner without explanation. Even with policies and a valid license.
And even through the court, the driver will not be able to achieve the opposite, since the denial of CASCO insurance does not contradict the current legislation of the Russian Federation.
According to CASCO, payments can be made taking into account the wear and tear of car parts and its age. Although this limit is established by law, it cannot exceed 50%, regardless of the year of manufacture of the vehicle.
To date, the OSAGO policy is mandatory for all car owners. For his absence, traffic police officers have the right to impose a fairly large fine on a negligent driver.
At the same time, the CASCO policy is a voluntary servant; the legislation does not oblige car owners to purchase it.
There are many different ways to save money on car insurance:
by the most the best way save money on a CASCO policy is included in the terms of the franchise agreement.
It represents a certain amount within which the insured is independently responsible for the damage caused to his property. may be conditional or unconditional.
The first allows you to save up to 5% of the cost of the policy, the second - up to 15%. You can reduce the price of a CASCO and OSAGO policy by adding a limited number of drivers to it.
Since the greater the number of drivers covered by the policy, the greater the risk of a car getting into an accident.
The driving experience and the age of the drivers included in the policy also matter. The larger it is, the lower the price of the policy.
In most cases, insurance companies are trying to get rid of unreliable customers, or somehow compensate for the costs arising from them. For drivers who frequently get into an accident, the price of the policy can increase by as much as 100%.
What does OSAGO mean? Abbreviation decoding means Compulsory Motor Third Party Liability Insurance. The name speaks for itself. What is included in the concept of OSAGO?
In the OSAGO agreement the obligations of an insurer organization with a license to insure the interests of the owner of the car - the insured - are distributed and pay money in case of damage to the health, property of the person affected by the car owner (his death) or to repair the property under the contract. This is the essence of OSAGO.
Such reimbursement occurs upon the occurrence of an insured event. The OSAGO auto insurance contract is concluded without compulsory life insurance. Property interests are insured.
Reimbursement may be as a money format this is how it happens in nature (direct).
In kind, road accidents with a collision of two vehicles are subject to compensation, if both owners have passed OSAGO, and at the same time, the damage was incurred purely by these cars.
In other cases, the monetary format of payments is provided.
Payment terms according to OSAGO. Payments occur within a twenty-day period upon acceptance by the insurer of an application with the above documents.
In the event of a fatal accident in relation to a citizen, this period is reduced to fifteen days.
During the specified period, the insurer must either issue an act on the insured event and pay the amount, or give a direction for repairs or completely refuse compensation.
If due to an accident a citizen has lost his life, then the time for determining the possibility of payments from the insurer is equal to five days after the end of the time to apply With necessary documents from the beneficiaries of the deceased.
Then a refund is possible. only in cash, and an act is drawn up. Also, a written refusal (full or partial) is possible, which must contain a motivation.
When is it profitable take out insurance without Borders? It is advantageous to issue a policy for a long period or even without restrictions, since the amounts paid by the insured under the concluded agreement with the insurance organization are not indexed.
Prices will rise and the insured will not have to pay extra money due to tariff increases.
How to calculate the cost of an OSAGO policy? Tariffs and coefficients of the OSAGO policy affect the amount of the premium paid to the car owner.
The first, except for the coefficients, combine the base rate. The legislation provides for a threshold for the maximum and minimum coefficients associated with different circumstances and characteristics of the machine.
It can be a category of car, various terms, driver experience, previous history of payments under old contracts (KBM or the notorious bonus-malus), for example, and other factors.
The bonus-malus ratio (MBM) in OSAGO is applied when the contract is only being concluded (or changed) and the term of which is one year.
It can help reduce the cost of purchased insurance.
At the same time, one compensation - this is one insured event.
Base rate calculated by the citizen himself, this takes into account the category and territory of use of the machine.
Insurance amount is formed by multiplying all the necessary coefficients with the base rate. The formulas are individualized depending on the category of the car and depend on whether it is a citizen, or an entrepreneur, or even an organization.
The final value of the premium must not exceed the base rate in a triple form, as well as in a fivefold format in case of deliberate violations with the provision of false information by the insured.
statute of limitations for OSAGO usually identical to the annual period. There are exceptions related to the foreign registration of a car while temporarily staying in the Russian Federation.
At the same time, the policy covers the entire period of using this car in Russia with a minimum of five days.
Up to a twenty-day period, an action is allowed to proceed to the registration or technical inspection of a vehicle.
By general rules legislation in the absence of casualties, the limitation period is two years. If victims are present, then it increases to three years.
Is OSAGO car insurance mandatory or not? OSAGO is a must. Already in the name itself when deciphering the abbreviation you can see this requirement of the law. If a citizen does not have a policy, then according to the legislation, an administrative penalty is provided for him.
What is the penalty for driving without OSAGO insurance? The use of transport in violation of OSAGO rules or deliberate failure to fulfill the obligation to insure liability is punishable by a fine of five hundred or eight hundred rubles.
How can driving without car insurance? For non-acquisition of the OSAGO policy, the owner of the car faces a fine in the amount of eight hundred rubles.
An exception to the rule is a deviation from the policy issuance period for a maximum of ten days from the date of purchase of the car for various reasons and on the basis of any rights, including property rights.
How to buy an OSAGO policy without additional services?
Often the companies where the policy is obtained offer many additional services.
Yes and final price of the policy while increasing. A common situation is when DSAGO insurance is imposed on a client. It is important to know that it is voluntary in nature, unlike OSAGO.
And do not go on about the intrusive staff. It would also be useful to check the purchase policy.
You should be especially careful when obtaining a policy in a company that provides discounts, bonuses that are not established by law.
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OSAGO
Compulsory civil liability insurance of vehicle owners (OSAGO)(acronym for about obligatory With insurance a WTO G civil about responsibility) is a type of liability insurance that appeared in Russia on July 1, 2003 with the entry into force Federal Law No. 40-FZ of April 25, 2002 "On compulsory insurance civil liability of vehicle owners. OSAGO was introduced as a social measure aimed at creating certain financial guarantees in relations regarding compensation between participants in car accidents. The idea of this type of insurance is not new: it operates in many countries of the world - for example, "green card" in Europe and a number of other countries. The peculiarities of the “autocitizen” in Russia are its binding to the car (as opposed to the driver), the state establishment of insurance rules and state regulation tariffs.
The object of OSAGO are property interests associated with the risk of civil liability of the owner motor vehicle for obligations arising as a result of causing harm to life, health or property of victims when using a motor vehicle in the territory Russian Federation. To insurance risk OSAGO refers to the onset of civil liability in case of an accident.
State regulation of OSAGO is carried out by the Government of Russia and the Ministry of Finance of the Russian Federation, supervisory and control functions - FSSN. RSA acts as a self-regulatory organization of OSAGO insurers.
Not all of these factors apply in all cases. Thus, the KP is applied only in case of going to the place of registration and for the temporary use of vehicles registered abroad in Russia.
Initially, the OSAGO law provided for only one way to organize payments: the injured party applied to the insurer of the person who caused the harm. Such an organization of payments is possible due to the fact that OSAGO insurers must have their offices or representatives in all regions of the country.
However, according to amendments to the law on OSAGO of December 1, 2007, from July 1, 2008, direct compensation for losses will begin to operate. With this organization of payments, the insured victim will apply for payments to his insurer. This will be possible if only property is damaged and if all two participants in the accident are insured under OSAGO.
On June 11, 2008, the State Duma adopted the law "On Amendments to Article 3 of the Federal Law" On Amendments to the Federal Law "On Compulsory Civil Liability Insurance of Vehicle Owners"" and Article 2 of the Federal Law "On Amendments and Additions to the Law RF “On the organization of insurance business in the Russian Federation” and the invalidation of certain legislative acts of the Russian Federation”, according to which direct compensation for losses was postponed to March 2009.
Even at the stage of discussing the possibility of direct compensation for losses, the problems of such an organization of payments were identified:
Compensation payments are made by the RAMI in respect of compensation for harm caused to the life or health of the victim, and are carried out in cases where the payment under OSAGO cannot be made due to:
Also on account of compensation for damage caused to the property of the victim - due to the revocation of a license, the application of bankruptcy proceedings to the insurer.
The maximum amount of compensation payments is the same as the sum insured under OSAGO. They are reduced by the amount of partial compensation for damage made by the insurer and liable for the damage caused.
At the same time, compensation payments due to license revocation, application of bankruptcy procedures to the insurer are carried out from the funds of the guarantee reserve, and the rest - from the funds of the current compensation payments reserve.
The obligation of this type of insurance caused a lot of controversy in society. The most striking informational occasion that drew attention to disagreement with this law was the case of checking the constitutionality of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" in connection with requests from the State Assembly - El Kurultai of the Altai Republic, the Volgograd Regional Duma, a group of deputies of the State Duma of the Russian Federation and the complaint of citizen S. N. Shevtsov. The main arguments of the applicants were the inadmissible restriction of freedoms of property and contract, as well as the fact that “the fee for compulsory insurance ..., which has all the features of a tax, does not take into account living wage in the Russian Federation and therefore is a disproportionate financial burden for the majority of citizens - owners of vehicles. The Constitutional Court of the Russian Federation recognized the law as not contradicting the Constitution as a whole, but there was also a dissenting opinion against such a decision.
The growth in traffic intensity, accompanied by a quantitative increase in traffic accidents, objectively requires the organization of insurance of civil liability of vehicle owners. A mechanical vehicle - a car, a motorcycle, a moped - is a source of increased danger that can cause property damage to road users (drivers and pedestrians).
OSAGO - obligatory motor third party liability insurance. The object of compulsory insurance is property interests associated with the risk of civil liability of the owner of the vehicle for obligations arising from causing harm to the life, health or property of the victims when using the vehicle on the territory of the Russian Federation.
Legal regulation of liability insurance of car owners is carried out on the territory of the Russian Federation in accordance with:
The essential terms of this type of contract are information (Article 942 of the Civil Code of the Russian Federation):
The object of compulsory insurance in Art. 6 of the Law on OSAGO and clause 5 of the Rules name property interests associated with the risk of civil liability of the car owner for obligations arising from harm to life, health or property of victims when using the vehicle.
An insured event is the onset of civil liability of the car owner, respectively, for causing harm to the life, health or property of the victims when using the vehicle (Article 6 of the OSAGO Law, clause 7 of the Rules).
With regard to the sum insured, we can say that its size is regulated at the legislative level (Article 7 of the OSAGO Law, clause 10 of the Rules). It is ranked depending on the nature of the harm caused (life and health, property) and the number of victims from 120 to 160 thousand rubles. Another feature of compulsory motor third party liability insurance is that insurance rates, which form the basis for calculating the insurance premium, are also regulated by the state (Article 8 of the OSAGO Law). The limit levels of insurance rates for OSAGO, their structure and application procedure are enshrined in Decree of the Government of the Russian Federation of December 8, 2005 N 739.
The validity period of the OSAGO agreement (as its essential condition) is also clearly defined in the OSAGO Law (Article 10) and is one year. Only owners of vehicles with limited use can insure their liability under an annual contract, but for a shorter period. For legal entities, seasonal use of vehicles for six or more months in a calendar year is recognized as such (Article 16 of the OSAGO Law). The conclusion of such an agreement implies a small saving on the insurance premium, since its size in this case is determined using special coefficients.
Important point OSAGO contract is an indication of a specific object of insurance. After all, without a clear indication of what exactly is insured, the contract will be considered not concluded, and the mutual obligations of the parties, respectively, non-existent.
The object of the compulsory insurance contract are property interests (Article 6 of the OSAGO Law and clause 5 of the Rules) that are associated with the risk of civil liability of the insured (ie the owner of the vehicle). They may arise as a result of harm to life, health or property of the victims in the process of using the vehicle on the territory of the Russian Federation. If the harm occurred in other circumstances, then the tortfeasor may compensate him voluntarily or in pursuance of a court decision, in accordance with the norms of the current civil law.
The concept of property interest also needs clarification. It is associated with the legal term "real damage" - this is the loss or damage to property, as well as the costs necessary to neutralize the consequences of loss or damage. Among other things, real damage includes the loss of the commodity value (UTS) of the vehicle - it is reimbursed by the insurance company that has concluded an OSAGO agreement with the causer.
Compulsory liability insurance for car owners is carried out by concluding an appropriate agreement (Article 936 of the Civil Code of the Russian Federation). According to it, the insurer undertakes, for a fee stipulated by the contract ( insurance premium) upon the occurrence of an event (insurable event) provided for in the contract, compensate the victims for the harm caused to their life, health or property as a result of this event (implement insurance payment) within the sum insured determined by the contract.
Under the MTPL agreement, the property interests of not only the owner of the car, but also any driver of this vehicle specified by the insured at the conclusion or during the term of the MTPL agreement are insured.
It is possible to conclude an OSAGO agreement on the terms of unlimited use of the vehicle, when you do not indicate the list of persons admitted to driving, i.e. list "without restrictions", and conclude a compulsory insurance contract with a period of car use - 1 year.
According to the current legislation on OSAGO, a car owner has the right to conclude an annual insurance contract with the condition of limited use of the car, i.e. indicate the specific drivers who are allowed to drive the car, as well as indicate the actual period of use of the car during the year of the policy.
Compulsory civil liability insurance of vehicle owners (OSAGO) (an acronym for compulsory third party liability insurance) is a type of liability insurance that appeared in Russia on July 1, 2003 with the entry into force of Federal Law No. 40-FZ of April 25, 2002 " On Compulsory Insurance of Civil Liability of Vehicle Owners. OSAGO was introduced as a social measure aimed at creating certain financial guarantees in relations regarding compensation between participants in car accidents. The idea of this type of insurance is not new: it operates in many countries of the world - for example, " green map in Europe and several other countries. The features of the "autocitizen" in Russia are its binding to the car (as opposed to the driver), the state establishment of insurance rules and state regulation of tariffs.
The object of OSAGO are property interests associated with the risk of civil liability of the owner of the vehicle for obligations arising from causing harm to the life, health or property of the victims when using the vehicle in the territory of the Russian Federation. The insured risk under OSAGO includes the onset of civil liability in case of an accident.
OSAGO subjects:
Insurers are insurance organizations that have the appropriate license, representatives (agents for payments) in all subjects of the federation, which are members of the professional association of insurers. As of May 2008, there are 173 such insurers in Russia, all of them are insurance companies.
Insurers are individuals and legal entities in whose ownership, economic management or operational management are vehicles subject to insurance. Since control over the availability of an insurance policy and its validity is provided for at many stages of using vehicles, the coverage of the insurance field here is close to 100%. Exceptions may be made by persons who did not have time to renew the insurance contract and violators who forge insurance policies.
Beneficiaries are third parties who suffered damage in a car accident.
Insurance intermediaries - agents and brokers.
The professional association of insurers is the Russian Union of Motor Insurers (RSA), which accumulates funds of guarantee reserves and current compensation payments and makes compensation payments.
State regulation of OSAGO is carried out by the Government of Russia and the Ministry of Finance of the Russian Federation, supervisory and control functions are carried out by the FSSN. RSA acts as a self-regulatory organization of OSAGO insurers. Also declared is the function of the PCA to protect the rights of policyholders, the implementation of which often causes criticism.
