The insured wants to recover the underpaid insurance indemnity under OSAGO
The insured/assignee wants to recover insurance payment under OSAGO instead of organizing and paying for the restoration repair of the vehicle
The assignee wants to recover the costs necessary to eliminate the shortcomings of the restoration repair
The assignee wants to collect both a penalty for violation of the deadlines for the implementation of the insurance payment, and a financial sanction for violation of the deadline for sending a reasoned refusal to implement insurance compensation OSAGO
The owner of the property wants to recover damages caused by a collision of vehicles
See all situations related to art. 12
1. The victim shall have the right to submit a claim to the insurer for compensation for the harm caused to his life, health or property during the use of vehicle, within the insurance amount established by this Federal Law, by presenting to the insurer an application for insurance compensation or direct compensation for losses and documents provided for by the rules compulsory insurance.
(see text in previous edition)
An application for insurance compensation in connection with the infliction of harm to the life or health of the victim shall be sent to the insurer that has insured the civil liability of the person who caused the harm. An application for insurance compensation in connection with the infliction of damage to the property of the victim is sent to the insurer that insured the civil liability of the person who caused the damage, and in the cases provided for by Clause 1 of Article 14.1 of this Federal Law, an application for direct compensation for losses is sent to the insurer that insured the civil liability of the victim.
(see text in previous edition)
An application of the victim containing a claim for insurance compensation or direct compensation for losses in connection with harm to his life, health or property when using a vehicle, with the attached documents provided for by the rules of compulsory insurance, is sent to the insurer at the location of the insurer or the representative of the insurer authorized by the insurer for consideration of the specified claims of the victim and the implementation of insurance compensation or direct compensation for losses.
(see text in previous edition)
The location and postal addresses of the insurer, as well as all representatives of the insurer, means of communication with them and information about their working hours must be indicated in the list of representatives of the insurer, which is an annex to the insurance policy.
If the documents confirming the fact of the occurrence of the insured event and the amount of damage subject to compensation by the insurer are insufficient, the insurer, within three working days from the date of their receipt by mail, and in case of a personal appeal to the insurer on the day of applying for insurance compensation or direct compensation for losses, is obliged to inform about this to the victim, indicating the full list of missing and (or) incorrectly executed documents.
(see text in previous edition)
The exchange of the necessary documents on insurance indemnity to check their completeness, at the request of the victim, can be carried out in electronic form, which does not exempt the victim from submitting to the insurer documents in writing on insurance indemnity at the location of the insurer or the representative of the insurer. The insurer is obliged to ensure that the applicant's appeal sent in the form of an electronic document is considered and a response is sent to him within the period agreed by the applicant with the insurer, but no later than three working days from the date of receipt of the specified appeal.
(see text in previous edition)
The insurer shall not have the right to demand from the victim the submission of documents not provided for by the rules of compulsory insurance.
2. The insurance payment due to the victim for causing harm to his health as a result of a traffic accident is carried out in accordance with this Federal Law to compensate for the costs associated with restoring the health of the victim, and his lost earnings (income) in connection with the infliction of harm to health as a result of a traffic accident.
The insurance payment for causing harm to health in terms of reimbursement of the necessary expenses for restoring the health of the victim is carried out by the insurer on the basis of documents issued by authorized police officers and confirming the fact of a traffic accident, and medical documents provided by medical organizations that provided medical assistance to the victim in connection with the insured event, indicating the nature and degree of damage to the victim's health. The amount of insurance payment in terms of reimbursement of the necessary expenses for restoring the health of the victim is determined in accordance with the standards and in the manner established by the Government Russian Federation, depending on the nature and degree of damage to the health of the victim within the sum insured, established by subparagraph "a" of Article 7
Room Information insurance policy and the name of the insurer that has insured the civil liability of the owner of the vehicle guilty of the road traffic accident is reported to the pedestrian injured in such a road traffic accident or his representative on the day of applying to the police department, whose employees processed the documents on such a traffic accident.
3. After making, in accordance with paragraph 2 of this article, an insurance payment to the victim for causing harm to his health, the insurer shall additionally make an insurance payment in the following case:
a) if, based on the results of a medical examination or research conducted, among other things, by institutions of forensic medical examination in the course of proceedings on a case of administrative offense, proceedings in a criminal case, as well as at the request of the victim, it was established that the nature and degree of damage to the health of the victim correspond to a larger amount of insurance payment than was originally determined on the basis of the standards established by the Government of the Russian Federation. The amount of the additionally made insurance payment is determined by the insurer as the difference between the amount payable corresponding to the established nature of damage to the health of the victim according to the expert opinion submitted by him, and the insurance payment previously made in accordance with paragraph 2 of this article for causing harm to the health of the victim;
b) 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" was established for the victim. The amount of the additional insurance payment is determined by the insurer as the difference between the amount payable corresponding to the disability group or category "disabled child" specified in the conclusion of the medical and social examination, according to the standards, established by the Government the Russian Federation, and the insurance payment previously made in accordance with paragraph 2 of this article for causing harm to the health of the victim.
4. In the event that the additional costs incurred by the injured for the treatment and restoration of the health of the injured as a result of a road traffic accident (expenses for medical rehabilitation, purchase of medicines, prosthetics, orthotics, third-party care, sanatorium treatment and other expenses) and lost In connection with the damage to his health as a result of a road traffic accident, the earnings (income) exceeded the amount of the insurance payment made to the victim in accordance with paragraphs 2 and this Article, the insurer shall reimburse the indicated expenses and lost earnings (income) upon confirmation that the victim needed in these types of assistance, as well as documentary evidence of the amount of lost earnings (income) that the victim had or could definitely have at the time of the insured event. The amount of the insurance payment made in accordance with this paragraph is determined by the insurer as the difference between the lost earnings (income) of the injured, as well as additional expenses, confirmed by documents that are provided for by the rules of compulsory insurance, and the total amount insurance payment made in accordance with paragraphs 2 and this article for causing harm to the health of the victim.
5. Insurance payment in terms of compensation for the lost earnings (income) of the victim is carried out at a time or in another manner established by the rules of compulsory insurance.
The total amount of insurance payment for causing harm to the health of the victim, carried out in accordance with paragraphs 2 - of this article, may not exceed the insurance amount established by subparagraph "a" of article 7 of this Federal Law.
Insurance payment for causing harm to the health of the victim is carried out to the victim or persons who are representatives of the victim and whose authority to receive insurance payment is duly certified.
6. In the event of the death of the victim, the right to compensation for harm shall be enjoyed by persons who, in accordance with civil legislation, have the right to compensation for harm in the event of the death of the breadwinner, in the absence of such persons - the spouse, parents, children of the victim, citizens who have the victim was dependent, if he had no independent income (beneficiaries).
7. The amount of insurance payment for causing harm to the life of the victim is:
not more than 25,000 rubles in compensation for burial expenses - to persons who have incurred such expenses.
8. The insurer within 15 calendar days, except for non-working public holidays, from the date of acceptance of the first application for insurance indemnity in terms of compensation for harm caused to the life of the victim as a result of an insured event, accepts applications for insurance indemnity and documents provided for by the rules of compulsory insurance from other beneficiaries. Within five calendar days, except for non-working holidays, after the expiration of the specified period for accepting applications from persons entitled to compensation for harm in the event of the death of the victim, the insurer shall pay the insurance payment.
(see text in previous edition)
The insurance payment, the amount of which is established by paragraph two of clause 7 of this article, shall be distributed equally among the persons entitled to compensation for harm in the event of the death of the victim. The insurance payment in terms of compensation for harm caused to the life of the victim is carried out at a time.
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 who has submitted a claim to the insurer for insurance compensation 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 this Federal Law or to demand payment of compensation for harm from the person who caused harm to the life of the victim as a result of this insured event, in accordance with civil law.
(see text in previous edition)
9. The victim or the beneficiary is obliged to provide the insurer with all documents and evidence, as well as provide all information known to him, confirming the amount and nature of the harm caused to the life or health of the victim.
9.1. In the event that several participants in a road traffic accident are recognized as liable for harm caused to the life or health of the victim in the occurrence of the same insured event, the insurers jointly and severally make insurance payment to the victim in terms of compensation for the specified harm in the manner prescribed by paragraph 22 of this article. In this case, the total amount of the insurance payment made by the insurers may not exceed the amount of the insurance amount provided for by subparagraph "a" of Article 7 of this Federal Law.
10. In case of damage to property, in order to clarify the circumstances of the damage and determine the amount of losses subject to compensation by the insurer, 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 the application for insurance indemnity and the documents attached to it in accordance with the rules of compulsory insurance of documents, is obliged to present the damaged vehicle or its remains for inspection and (or) an independent technical examination carried out in the manner established by Article 12.1 of this Federal Law, other property for inspection and (or) independent expertise(assessment) carried out in accordance with the procedure established by the legislation of the Russian Federation, taking into account the specifics established by this Federal Law.
(see text in previous edition)
If the inspection and (or) independent technical expertise, independent expertise (assessment) of the damaged vehicle, other 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, to clarify of these circumstances, the insurer, within 10 working days from the date of submission of an application for insurance compensation by the victim, has the right to inspect the vehicle, during the use of which the property of the victim was damaged, and (or) at its own expense organize and pay for an independent technical examination in relation to this vehicle in in the manner established by Article 12.1 of this Federal Law. The owner of the vehicle, during the use of which the property of the victim was damaged, is obliged to present this vehicle at the request of the insurer.
(see text in previous edition)
If the nature of the damage or the features of the damaged vehicle or other property exclude its submission for inspection and independent technical expertise, independent expertise (assessment) at the location of the insurer and (or) expert (for example, damage to the vehicle, excluding its participation in the road movement), this is indicated in the application and the specified 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 the application for insurance compensation and the attached to it in accordance with the rules compulsory insurance of documents.
(see text in previous edition)
11. The insurer is obliged to inspect the damaged vehicle, other property or its remains and (or) organize their independent technical expertise, independent expertise (assessment) within a period of not more than five working days from the date of receipt of an application for insurance compensation or direct compensation for losses with attached documents stipulated by the rules of compulsory insurance, and familiarize the victim with the results of the inspection and independent technical expertise, independent expertise (assessment), unless a different period is agreed by the insurer with the victim. An independent technical expertise or an independent expertise (assessment) is organized by the insurer in the event of discrepancies between the victim and the insurer regarding the nature and list of visible damage to property and (or) the circumstances of causing harm in connection with damage to property as a result of a traffic accident.
(see text in previous edition)
In the event that 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 a new date for inspection and (or) independent technical expertise, independent expertise (assessment) of the damaged property or its remains. In this case, in the event that the injured person fails to fulfill the obligation established by paragraphs 10 and this article to present the damaged property or its remains for inspection and (or) independent technical expertise, independent expertise (assessment), the period for the insurer to make a decision on insurance compensation, determined in accordance with paragraph 21 of this article , may be extended for a period not exceeding the number of days between the date 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, for except for non-working holidays.
(see text in previous edition)
The compulsory insurance contract may provide for other periods during which the insurer is obliged to arrive for inspection and (or) independent technical expertise, independent expertise (assessment) of damaged property or its remains, if they are carried out in hard-to-reach, remote or sparsely populated areas.
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 in accordance with the first and second paragraphs of this paragraph, the victim is not entitled to independently organize an independent technical expertise or independent expertise ( assessment) on the basis of paragraph two of paragraph 13 of this article, and the insurer has the right to return without consideration the application submitted by the victim for insurance compensation or direct compensation for losses, together with the documents provided for by the rules of compulsory insurance.
(see text in previous edition)
The results of an independent technical examination, an independent examination (assessment) of the damaged property or its remains independently organized by the victim, are not accepted for determining the amount of insurance compensation if the victim did not submit the damaged property or its remains for inspection and (or) independent technical examination, independent examination ( estimates) on the dates agreed with the insurer in accordance with the first and second paragraphs of this paragraph.
(see text in previous edition)
In the event that the insurer returns to the victim, on the basis of paragraph four of this paragraph, an application for insurance compensation or direct compensation for losses, together with the documents provided for by the rules of compulsory insurance, the terms established by this Federal Law for the insurer to inspect the damaged property or its remains and (or) organize their independent technical expertise , independent examination (evaluation), as well as the terms for the insurer to make an insurance payment or issue a referral to the victim for repairs or send him a reasoned refusal in insurance compensation are calculated from the day the injured insurer re-submits to the injured insurer an application for insurance compensation or direct compensation for losses, together with the documents provided for by the rules of mandatory insurance.
(see text in previous edition)
12. If, based on the results of the inspection of the damaged property or its remains, carried out by the insurer, the insurer and the victim agreed on the amount of insurance compensation and do not insist on organizing an independent technical examination or an independent examination (assessment) of the damaged property or its remains, the examination is not carried out.
(see text in previous edition)
13. If, after the inspection of the damaged property or its remains by the insurer, the insurer and the victim did not reach an agreement on the amount of insurance compensation, the insurer is obliged to organize an independent technical examination, an independent examination (assessment), and the victim - to submit the damaged property or its remains for an independent technical examination. , independent expertise (assessment).
(see text in previous edition)
If the insurer has not examined the damaged property or its remains and (or) has not organized an independent technical examination, an independent examination (valuation) of the damaged property or its remains within the period established by paragraph 11 of this article, the victim has the right to apply independently for a technical examination or examination (assessment). In this case, the results of an independent technical examination, an independent examination (assessment) independently organized by the victim, are accepted by the insurer to determine the amount of insurance compensation.
(see text in previous edition)
14. The cost of an independent technical expertise, an independent expertise (assessment), on the basis of which the insurance compensation is carried out, is included in the losses to be reimbursed by the insurer under the compulsory insurance contract.
(see text in previous edition)
15. 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) may be carried out at the choice of the victim:
(see text in previous edition)
by organizing and paying for the restoration repair of the damaged vehicle of the victim at the service station, which is selected by the victim in agreement with the insurer in accordance with the rules of compulsory insurance and with which the insurer has concluded an agreement for the organization of restoration repairs (compensation for damage in kind);
(see text in previous edition)
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).
(see text in previous edition)
15.1. Insurance compensation for damage caused to a passenger car owned by a citizen and registered in the Russian Federation is carried out (except for the cases established by paragraph 16.1 of this article) in accordance with paragraph 15.2 of this article or in accordance with paragraph 15.3 of this article by organizing and (or ) payment for the restoration repair of the damaged vehicle of the victim (compensation for damage in kind).
The insurer, after inspecting the damaged vehicle of the victim and (or) conducting its independent technical examination, issues to the victim a referral for repair to a service station and pays for the cost of the restoration repair of the damaged vehicle of the victim carried out by such a station in the amount determined in accordance with the unified methodology for determining the amount of expenses for restoration repairs in respect of a damaged vehicle, taking into account the provisions of paragraph two of paragraph 19 of this article.
When carrying out restoration repairs in accordance with paragraphs 15.2 and 15.3 of this article, it is not allowed to use used or restored components (parts, assemblies, assemblies), if in accordance with unified methodology determining the amount of expenses for restoration repairs in relation to a damaged vehicle requires the replacement of components (parts, assemblies, assemblies). Otherwise, it may be determined by agreement between the insurer and the victim.
The minimum warranty period for restoration work on a damaged vehicle is 6 months, and for body work and work related to the use of paintwork materials, 12 months.
In the event that shortcomings in the restoration repair of a damaged vehicle are identified, they shall be eliminated in the manner prescribed by paragraph 15.2 or 15.3 of this article, unless an agreement concluded in writing between the insurer and the victim chooses another method for eliminating the indicated shortcomings.
The claim of the injured person to the insurer in relation to the results of the restoration repair of the damaged vehicle is considered taking into account the specifics established by Article 16.1 of this Federal Law.
15.2. Requirements for the organization of restoration repairs are, among other things:
the term for the restoration repair of the damaged vehicle (but not more than 30 working days from the date of presentation by the victims of such a vehicle to a service station or the transfer of such a vehicle to the insurer for organizing its transportation to the place of restoration repair);
accessibility criteria for the victim of the place where the restoration repair of the damaged vehicle is carried out (at the same time, at the choice of the victim, the maximum length of the route laid along public roads from the place of the traffic accident or the place of residence of the victim to the service station cannot exceed 50 kilometers, except for the case if the insurer organized and (or) paid for the transportation of the damaged vehicle to the place of the restoration repair and back);
the requirement to maintain the warranty obligations of the vehicle manufacturer (refurbishment of a vehicle, the year of manufacture of which has passed less than two years, must be carried out by a service station that is a legal entity or individual entrepreneur registered on the territory of the Russian Federation and providing maintenance services for such vehicles on their own behalf and at their own expense in accordance with an agreement concluded with the manufacturer and (or) importer (distributor) of vehicles of certain brands).
If the insurer has concluded a contract for the organization of restoration repairs with a service station that meets the requirements established by the rules of compulsory insurance for the organization of restoration repairs in relation to a particular victim, the insurer sends his vehicle to this station for restoration repairs of such a vehicle.
If none of the stations with which the insurer has concluded contracts for the organization of refurbishment does not meet the requirements established by the rules of compulsory insurance for the organization of refurbishment in relation to a particular victim, the insurer, with the consent of the victim in writing, may issue to the victim a direction for repairs to one of such stations. In the absence of this consent, compensation for damage caused to the vehicle is carried out in the form of an insurance payment.
15.3. With the consent of the insurer in writing, the victim has the right to independently organize the restoration of his damaged vehicle at a service station with which the insurer does not have an agreement for the organization of restoration repairs at the time the victim submits an application for insurance compensation or direct compensation for losses. In this case, the victim in the application for insurance compensation or direct compensation for losses indicates the full name of the selected service station, its address, location and payment details, and the insurer issues a referral to the victim for repairs and pays for the restoration repairs.
16. Compensation for damage caused to the property of the victim, which is not a vehicle, is carried out in the manner prescribed by paragraph three of paragraph 15 of this article.
16.1. Insurance compensation for damage caused to a car owned by a citizen and registered in the Russian Federation is carried out 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 case:
a) total destruction of the vehicle;
b) death of the victim;
c) infliction of severe or medium-gravity harm to the health of the victim as a result of the occurrence of an insured event, if in the application for insurance indemnity the victim has chosen such a form of insurance indemnity;
d) if the victim is a disabled person specified in the first paragraph of paragraph 1 of Article 17 of this Federal Law, and in the application for insurance indemnity has chosen such a form of insurance indemnity;
E) if the cost of restoring the damaged vehicle exceeds that established by subparagraph "b" of Article 7, paragraph 22 of this Article, all participants in the road accident are recognized as liable for the damage caused, provided that in these cases the victim does not agree to make an additional payment for the repair of the service station;
G) the presence of an agreement in writing between the insurer and the injured (beneficiary).
17. If, in accordance with paragraph two of clause 15 or clauses 15.1 - 15.3 of this article, compensation for harm is carried out by organizing and (or) paying for the restoration repair of a damaged vehicle, the victim indicates this in an application for insurance compensation or direct compensation for losses.
(see text in previous edition)
The insurer places on its official website on the Internet information and telecommunications network information on the list of service stations with which it has concluded agreements for the organization of refurbishment, indicating the addresses of their location, brands and year of manufacture of vehicles serviced by them, approximate terms carrying out restoration repairs, depending on the volume of work performed and workload, information on their compliance with the requirements for the organization of restoration repairs established by the rules of compulsory insurance, and keeps it up to date. The insurer is obliged to provide this information to the injured (beneficiary) to select a service station when applying to the insurer with an application for insurance compensation or direct compensation for losses.
(see text in previous edition)
Changes in the scope of work for the restoration of a damaged vehicle, the terms and conditions for the restoration of repairs must be agreed upon by the service station with the insurer and the victim.
(see text in previous edition)
The procedure for settling issues related to identified hidden damage to the vehicle caused by an insured event is determined by the service station in agreement with the insurer and the victim and is indicated by the service station when accepting the victim's vehicle for repair or in another document issued to the victim.
The procedure for settling payment for repairs not related to an insured event is determined by the service station in agreement with the victim and is indicated by the service station in the document issued to the victim when accepting the vehicle for repair.
In the direction for repairs issued by the insurer on the basis of paragraph two of clause 15 of this article, the possible amount of the additional payment paid by the service station to the victims for restoration repairs on the basis of paragraph two of clause 19 of this article is indicated.
(see text in previous edition)
If the cost of restoring the damaged vehicle, payable by the insurer in accordance with paragraph 15.2 or 15.3 of this Article, exceeds the sum insured established by subparagraph "b" of Article 7 of this Federal Law, or maximum size insurance indemnity established for cases of drawing up documents on a road traffic accident without the participation of authorized police officers, or if, in accordance with paragraph 22 of this article, all participants in the road traffic accident are recognized as liable for the harm caused and the victim agrees in writing to the payment surcharge for the restoration repair of a damaged vehicle, the insurer determines the amount of surcharge that the victim will have to make to the service station, and indicates it in the direction issued to the victim for repairs.
The obligations of the insurer to organize and pay for the restoration repair of the victim's vehicle, accepted by him on the basis of paragraph two of clause 15 or clauses 15.1 - 15.3 of this article, are considered to be duly performed by the insurer from the moment the victim receives the repaired vehicle.
(see text in previous edition)
Responsibility for non-observance by the service station of the deadline for the transfer of the repaired vehicle to the victim, as well as for the violation of other obligations for the restoration of the vehicle of the victim, shall be borne by the insurer that issued the referral for repairs.
(see text in previous edition)
17.1. If the Bank of Russia reveals repeated (two or more times) within one year violations by the insurer of obligations for restoration repairs, including obligations to organize and (or) pay for it, the Bank of Russia has the right to decide to limit the compensation of damage caused by such an insurer in in kind in accordance with paragraphs 15.1 - 15.3 of this article for a period of up to one year (hereinafter referred to as the decision on restriction). The insurer that has received the decision to limit, in respect of victims who apply for insurance compensation for harm or direct compensation for losses after the date of the decision to limit, shall compensate for the damage caused to the vehicle in the form of an insurance payment, except for the case when the victim, notified by the insurer on the adoption of a decision on restriction in relation to him, confirms his consent to compensation for damage caused to his vehicle, in kind. In this case, the insurer organizes and (or) pays for the restoration of the damaged vehicle in accordance with
Good afternoon, dear reader.
This article will focus on changes affecting the design of OSAGO policies.
Just in case, let me remind you that on July 1, 2015, another change in the rules came into force, which allows you to issue insurance policies remotely (via the Internet). This was discussed in the article "".
The changes that will be reviewed today are also refer to remote registration OSAGO policies. They entered into force on July 3, 2015.
The first change relates to the inspection of the car when concluding an OSAGO agreement:
1.7. When concluding a compulsory insurance contract, the insurer has the right to inspect the vehicle, including at the place of residence of the insured - individual(at the location of the insured - legal entity), unless otherwise provided by agreement of the parties.
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.
As before, the insurer, at his own request, can inspect the vehicle. However, starting July 3, 2015 the place of inspection is determined by agreement of the parties. If an agreement is not reached, then the inspection is not carried out.
For example, a driver offers to inspect a car near his house. If the insurer does not agree to this, then the inspection is not carried out. One more example. The insurer offers to come for an inspection to his office, but the driver does not agree to this. There is also no inspection.
Second important change. Inspection is not carried out when buying OSAGO via the Internet. If you conclude a contract remotely, then the inspection of the car is not carried out in any case.
How does it work with inspections in practice? Usually, an inspection when buying OSAGO is not carried out at all. This procedure does not carry anything useful for the insurance company and requires certain costs. Over the past 5 years, when buying OSAGO, I have never been inspected. Also, I have never heard that other drivers had to go through this procedure.
However, in practice, insurance companies may use the inspection procedure for fraudulent purposes when.
The next important change affects the specifics of concluding an OSAGO agreement in in electronic format:
1.11. Compulsory insurance contract can be drawn up in the form of an electronic document.
1.11. Compulsory insurance contract can be drawn up in the form of an electronic document. A compulsory insurance contract in the form of an electronic document can be concluded only upon extension of the compulsory insurance contract in accordance with clause 1.12 of these Rules, including with the expansion of the circle of persons allowed by the owner to drive the vehicle.
Starting from July 3, you can buy OSAGO in electronic form only on renewal. Those. You can buy online only the second contract with a given insurance company. The first contract can be drawn up only in the office.
Those. if you have been buying OSAGO from the same company for several years in a row, you can issue policies via the Internet. However, if you switch to a new insurance company or buy a new car, you will have to contact the office again.
This change can hardly be called positive. From July 1 to July 3, 2015, it was possible to buy any (including the first) OSAGO policy via the Internet. It is unfortunate that this state of affairs lasted only 2 days.
Note. Since October 1, 2015, the possibility of purchasing the first OSAGO policy via the Internet has been returned to the insurance rules.
Nevertheless, from July 3, 2015, it was possible to renew the OSAGO agreement via the Internet. It will save drivers time.
The paragraph providing for the refusal to conclude has also undergone changes. electronic policy OSAGO:
A compulsory insurance contract cannot be concluded in the form of an electronic document if there is a discrepancy between the information provided by the insured and the information contained in the automated information system compulsory insurance.
A compulsory insurance contract cannot be concluded in the form of an electronic document if the information provided by the insured does not correspond to the information contained in the automated information system of compulsory insurance, or is not available in it.
If your insurance company has not entered information about the previous policy into the automated information system, you will not be able to buy new policy electronic.
In practice, this change may lead to the fact that insurance companies will artificially lure drivers into the office and prevent them from concluding contracts via the Internet.
Insurance R wants to impose additional services on the driver when applying for an OSAGO policy. Employees of insurance P deliberately do not enter information about driver B's previous OSAGO policy into a single information system. Driver B wants to buy an OSAGO policy via the Internet, but receives a completely legal refusal from insurance P, because there is no data in the information system. Driver B is forced to go to the office of insurance P to apply for an OSAGO policy. Managers of insurance P are trying to impose additional services on driver B.
Content
The electronic policy, in fact, is a complete analogue of the paper version. Its main advantage is convenience. The document can be purchased on the website of the insurance company. But there is a condition - only a citizen who has already concluded an early contract with an insurance company and has a paper version of the policy can receive an electronic document.
From the point of view of legal force, these are the same documents that are of equal importance when provided to traffic police officers or to an insurance company. The electronic policy has been valid in our country since 2015.
Another difference is directly in the process of paperwork. When drawing up an online document, there is no need to come to the office, and you are spared the imposition additional services seller. It is important to note that the price of both options does not differ.
The data specified in the policy is available in both options. It:
The duration of the contract must also be specified.
First of all, when considering electronic OSAGO forms, a different color is striking in the photo. The electronic policy has a corresponding inscription. The series of the electronic policy is XXX, while the paper one is EEE. Unlike the paper option E, the policy does not need to have a large number of protection signs.
By law, a citizen has the right not to print an electronic document on a letterhead or to do it on a black and white printer. This should be enough. Starting from September 2015, according to the instructions of Igor Shuvalov, No. 13/12-u-6112 of the GUOBDD of the Ministry of Internal Affairs of Russia, all traffic police officers can and must check the OSAGO policy using the PCA database.
It is enough for the driver to inform the employee that he has this document. Since it is much harder to forge an electronic policy, and sooner or later a paper one can be faked anyway, the first option is preferable for most car owners.
Many car owners are faced with the inability to buy and issue OSAGO. Insurance companies do not want to sell policies in certain regions due to greater unprofitability. Since the agent has no right to refuse to conclude a public contract, insurers use various tricks.
All this leads to the fact that car owners cannot insure their liability and buy policies from their hands, which often turn out to be fake, or drive without insurance at all. The way out of this situation was the introduction of electronic OSAGO.
At the request of the insured. The OSAGO insurance rules say that the policyholder is obliged to present a valid policy to the traffic police officer, but does not say in what form. It can be a printed policy on a regular A4 sheet.
Currently, traffic police officers have the opportunity to check the legitimacy of the policy if they have any doubts. Since all databases are synchronized, only the rights number is enough, and the traffic police officer sees the entire history of the insured (his current policy, fines, etc.).
Do I need to print the policy on a color printer? Polis now have very unusual lilac colors.
At the request of the insured. It can be printed both in black and white and in color. There is no difference, except that the policy will look more presentable.
The CASCO insurance rules stipulate only 2 cases when it is not necessary to submit the vehicle for inspection to the insurance company. Firstly, this exception applies to new cars bought on credit, since under such circumstances vehicle insurance is a prerequisite. And also in cases where the vehicle was insured even before its actual use.
The beginning of the operation of the car, according to most insurers, is the departure of the vehicle outside the territory of the car dealership. Thus, after you get behind the wheel and drive a couple of tens of meters, the car already loses its “new” status.
Secondly, those clients who renew the insurance have the opportunity to conclude a CASCO agreement without an inspection. But here there are some nuances. Only those policyholders who have not applied for payment to the insurance company during the year can do this.
Each insurance company has certain requirements for the inspected car. Basically, they are the same for all vehicles and are as follows:
When concluding a CASCO contract, it is worth considering that failure to comply with any of these requirements may result in a refusal to pay insurance compensation for a loss-making case.
In some situations, insurance companies do not conduct a pre-insurance inspection. At the same time, car owners conclude a hull insurance agreement without providing a car for inspection.
Firstly, such an indulgence applies to new cars purchased at a car dealership and insured before the start of actual operation.
The fact of the start of operation, as a rule, is the moment of departure of a new car from the territory of the car dealership. As soon as you leave the salon in a purchased car, your car ceases to be new. In any case, the majority of Casco insurers think so.
Secondly, a hull insurance contract without inspection can be issued by insurers prolonging (renegotiating for a new term) the previous contract, under which there were no accidents.
Insurance companies provide a lot of benefits to break-even customers and try to keep them. Cancellation of pre-insurance inspection is just one of such advantages.
When providing a car for inspection to the insurance company, the owner (or his legal representative) must comply with a number of requirements. Let's list the main ones.
Important! Please note that requirements may vary between companies. It is necessary to check with your insurer in advance what will be required for a successful inspection.
Provision of original documents - Title and registration certificates.
If everyone has a registration certificate, then very few people carry their TCP with them all the time. Both of these documents are needed in order to verify the main numbers - VIN, body number, engine number, frame number (for SUVs and trucks).
Providing a valid diagnostic card.
With regard to the validity of diagnostic cards, a number of insurance companies have introduced special clauses in the insurance rules. The fact is that at the time of the inspection, the card may be valid, and in the future, if an accident occurs, its validity period may expire.
An expired diagnostic card means that the vehicle is not approved for use on public roads due to its technical condition. And this, in turn, can serve as a good reason for refusing to pay compensation.
Providing all sets of original keys and key fobs from the alarm.
During the inspection, the specialist of the insurance company is obliged to make sure that the complete set of keys and key fobs is complete. it important point when insuring a car at the risk of "Theft".
Important! If the car owner has only one original key in his hands (for example, a car was brought to him from abroad in this form), then the insurer may refuse to insure against the Theft risk or add some restrictions to the contract.
The car is clean.
It would seem that the reasonable requirement of the insurer to show a clean car for inspection in certain seasons becomes an almost impossible mission. So during periods of snowfall, rain and just inclement weather, the car owner must manage to get to the place of inspection without dirtying the car.
Inspection certificates issued for even slightly splashed cars are often not accepted by insurance companies. And the car owner is forced to re-show the car.
The solution may be to invite an inspection expert to the car wash to conduct an inspection immediately after washing the car. True, not all companies provide the option of visiting an expert.
Showing the car for inspection during daylight hours.
According to the internal regulations of insurers, it is strictly forbidden to inspect and photograph a car on the street in the evening or at night. Even if you park under a lamp, it is still prohibited.
In summer, this is not a problem, because the daylight hours are quite long. But in winter, when twilight comes after 4 o'clock, difficulties may arise. The way out in this situation may be to agree on the place of inspection, for example, in a well-lit box of a familiar car service. By the way, some companies have their own inspection boxes.
The agent has no right to impose on the consumer any extra policies. Refusal to sell OSAGO for this reason is illegal. If the policyholder provided the company with all Required documents, the manager is obliged to issue OSAGO, even if the client refuses to buy additional insurance.
In order to protect citizens from imposed services, Central Bank RF introduced a special term called "cooling period". With the help of this rule of law, a citizen who has been sold unnecessary insurance has the right to terminate it within 5 working days and receive the full cost back. The only condition for this is the absence of any insured events under the policy during the cooling period.
OSAGO is issued on the day of contacting the sales office. Usually citizens buy insurance immediately for a year. However, there are drivers who use the car for only a few months in the summer, and put it in the garage for the whole winter. Such people do not want to overpay for an annual policy.
The list of papers that an insurance agent may require when issuing OSAGO is regulated by law. The insurer has no right to ask for any additional documents. And even more so, it cannot refuse to sell the policy if the car owner has in his hands the list specified in the Law:
To apply for OSAGO, it is advisable to have with you the originals of all the above documents. The law provides for the possibility of presenting copies, but only if the insurance company has no objections. It is also allowed to transfer documents to the agent in electronic form, while the buyer of the policy is responsible for the accuracy of these papers.
By law, in order to purchase an electronic OSAGO policy on the website of an insurance company, you will need the following documents:
This list of documents is enshrined in article 15 of the Law on OSAGO 40-FZ.
The previous OSAGO policy, if you have one, in most cases does not need to be presented. It can come in handy if you take out a policy in the same company where you insured last year. Then information about the policy number and full name of the insured will allow the company to retrieve all your data from the database and automatically enter it into the insurance application. That will save at least 30 minutes of your time.
Vehicle information form on the website of the Yugoria insurance company
Although it is strongly recommended on the websites of individual insurers to attach scanned copies of documents to the car, you are not required to do this.
In order for the company to be able to check the validity of your diagnostic card, it is enough for it to know the card number, its validity period and the VIN of the car.
The only situation when you need to send a file with a copy of the diagnostic card to the insurer is the “PCA test failed” error.
Many car owners are faced with the inability to buy and issue OSAGO. Insurance companies do not want to sell policies in certain regions due to greater losses.
All this leads to the fact that car owners cannot insure their liability and buy policies from their hands, which often turn out to be fake, or drive without insurance at all. The way out of this situation was the introduction of electronic OSAGO.
In order to buy and issue a policy in this way, you do not need to go to an insurance company, just go to its website, enter necessary information. After payment, an OSAGO agreement, which is an official document, will be sent to your e-mail. With such a policy, you can drive a car, register it with the traffic police and not be afraid of a fake.
In this case, the date of the next technical inspection does not matter, the card must be valid on the day the policy is issued. Even if its term expires the next day, the insurance company cannot refuse to conclude a contract.
Often, insurance companies, in pursuit of profit, impose life insurance on buyers when applying for OSAGO. Agents cunningly force citizens to issue other insurance along with the policy. For example, accident or apartment insurance.
In this case, the car owner is not obliged to show the car at the sales office of the insurer. The agent must agree on the date and place of the examination.
The technical condition of the vehicle does not play a role in the conclusion of the contract civil liability and is not grounds for refusing to issue a policy. The insurer simply fixes visible damage by drawing up an appropriate act.
An insurance agent may make a mistake when issuing a policy, so citizens are advised to carefully check all the information specified in OSAGO before paying. It is necessary to debug the correctness of filling in such data as:
In some cases, it is allowed to make changes directly to the old policy form. In this case, all signatures and amendments must be certified by the seal of the insurer, otherwise they are considered invalid.
Currently, there are a lot of problems faced by drivers who intend to purchase an OSAGO insurance policy:
supervisory authority send a request to the insurer and conduct a check. If, as a result of the investigation, violations are revealed, the company that created the problem with the registration of OSAGO will be fined.
The complainant will receive a written response with the results of the work done.
Before contacting a special station for a technical inspection, many drivers ask themselves the question: “What package of documents do you need to prepare”?
According to Article 17 of the Federal Law "On Technical Inspection", each vehicle owner must provide:
Of course, the cases are different. Some drivers cannot pass the technical inspection for one reason or another, but they are confident in the reliability of their car and their driving skills. Buying insurance without passing a vehicle inspection is illegal - but it might work as a temporary measure. There are at least four ways to do this.
You will be issued an original document, information about it is entered into the EAISTO and easily passes all checks. As a result, you can buy real insurance in any company, even in Rosgosstrakh.
If this was not done, you were deceived and the insurance is invalid. The disadvantages of the method include the fact that operators who practice fictitious inspection are at serious risk. Accordingly, it is not easy to find them, and the cost of their services will be 2-3 times higher than that of firms doing business honestly.
OSAGO is issued on the day of contacting the sales office. Usually citizens buy insurance immediately for a year. However, there are drivers who use the car for only a few months in the summer, and put it in the garage for the whole winter. Such people do not want to overpay for an annual policy.
According to the OSAGO Law, an agreement can be concluded for at least one year. But the policy may describe special condition, which is called the period of seasonal use.
So, if the car is operated infrequently, you can save on the cost of OSAGO. For example, when applying for OSAGO, you can limit the insurance period to 3 months and pay 50% of the cost of the annual policy.
The policy will be concluded for a year, but it is allowed to drive a car only in the designated months. The policyholder can choose any period starting from 3 months.
It is even possible to provide for two periods of time within the framework of one contract.
Having concluded an OSAGO agreement with a time limit for the operation of the car, the car owner can always extend this period by paying in proportion insurance premium. Please note that in order to increase the period of use of the car, you need to write a written request to the insurance company. At the same time, it is necessary to declare your intention on the day when the period of operation of the machine is allowed.
Every car driver must make sure that the car has:
At the same time, it is necessary to check that the first-aid kit and fire extinguisher have not expired. Otherwise, the specialist will not be able to issue a diagnostic card.
Inspection procedure:
Station experts will be able to start checking only after they receive a check for payment for mandatory services.
In practice, if the driver comes for an inspection with an expired first aid kit or fire extinguisher, the specialist may refuse to conduct a technical inspection or offer to purchase new ones from them at the station.
It must be taken into account that the owner of the machine can be present at the inspection of the machine and receive all explanations related to the detection of malfunctions upon request.
At the same time, one should remember the need for good lighting of the inspection site. In addition, the chosen room must be spacious, otherwise the manager of the insurance company will not be able to photograph the car from different angles.
The Central Bank of Russia sets the maximum and minimum tariff for OSAGO.
The cost of a new OSAGO policy consists of the base rate and individual coefficients. (According to the Instruction of the Bank of the Russian Federation No. 3384-U dated September 19, 2014, as amended on March 20, 2015) a tariff corridor is established, that is, the minimum and maximum values of the base OSAGO rate.
Each insurance company determines its cost of an OSAGO policy within the limits set by the Central Bank of Russia.
The cost of insurance will depend on the following parameters.
car power
For large and metropolitan cities, the OSAGO policy will cost more. After all, using a car in such a metropolis as Moscow, you are at greater risk of getting into an accident than on a village road. Therefore, in the capital of Russia, regional k = 2.0, and for the Moscow region - already 1.7.
Increase driver experience
The state encourages careful drivers: with careful operation of the vehicle, there is an advantageous system of discounts - 5% for each year of accident-free driving. The maximum discount cannot exceed 50% for 10 years.
Number of drivers allowed to drive
The price of the policy depends on the number of drivers indicated in it. For an unlimited list of entered drivers, the coefficient k=1.8 is applied. If the list is limited, then all drivers allowed to drive the car must be indicated in the OSAGO policy. For a limited list of drivers, k=1 is used.
Please note that under the OSAGO contract your life is not insured. Just for you, we have developed an accident insurance product - "Additional Protection". More details can be found here.
The electronic OSAGO policy is issued on the website of the insurance company. It is best to access these sites from unified register, published on the site autoins.ru: there links lead directly to the necessary sections of the websites of insurers.
If you have e-OSAGO, but you have not printed out and do not carry a policy with you, then in order to file an accident, you will need access to your personal account on the website of the insurance company. Make sure you always have a smartphone or tablet with Internet access at hand.
After you have issued and paid for the e-OSAGO policy, it is recommended to check its validity against the PCA database.
To check, go to the page of the service for viewing information about the OSAGO agreement. Enter the vehicle VIN and registration number. The result of a successful check is a report containing the policy number and company name.
You most likely will not be able to return the money for a fake policy. Write an application to the PCA with all the details of issuing a fake policy. At the very least, this will help block the scam site and save other motorists money.
And remember that you cannot drive with a fake policy. Therefore, first of all, issue a real OSAGO policy.
At the same time, one should remember the need for good lighting of the inspection site. In addition, the chosen room must be spacious, otherwise the manager of the insurance company will not be able to photograph the car from different angles.
But the law spells out two options in which OSAGO insurance can be formally issued for a vehicle that does not have an updated transport card.
According to 170 FZ, OSAGO can be issued without presenting a TO for up to 20 days in the following cases:
A good car is an expensive pleasure. And to ensure its safety is the first task of the owner. The main method of protecting a car is to issue a CASCO policy. After that, the insurance company will be responsible for the integrity of the vehicle.
Moreover, compensation for damage is usually calculated not in small amounts. Based on statistical data, payments for losses related to minor damage to a car amount to about 50,000 rubles. But the theft or complete loss of the vehicle is covered depending on the market price of the car.
Therefore, the inspection of the car at the conclusion of the CASCO agreement is carried out in without fail authorized specialists of the UK. All the nuances of the pre-insurance inspection are prescribed in the CASCO insurance rules, which are drawn up by each company individually. It is the responsibility of each insured to provide your car for inspection.
When performing a pre-insurance inspection, an insurance representative pursues several goals at once:
After a successful inspection of the vehicle, a certificate of its technical serviceability is drawn up, to which the photos taken are attached, and the exact cost of the CASCO policy is calculated. These documents, together with a copy of the CASCO policy, application, PTS and STS, form an insurance file and are stored in the archives of the insurer's company.
Can I opt out of pre-insurance inspection? This is the question some insurers ask. Of course, providing your car for inspection to the insurance company is a voluntary matter. And no one can force you. Only such a decision can have its consequences.
The most relevant of these is the refusal of the insurance company to cooperate with you. It is impossible to issue a CASCO policy without an inspection. This rule is written in job description for each insurance agent.
But there are cases when a CASCO policy is issued even before the pre-insurance inspection was carried out, the features of such an agreement are as follows:
It is also quite common in a situation where the client refuses to conduct an inspection, reducing the number of insured events, upon the occurrence of which the insured is compensated for damage. Or the amount of the payment is reduced as a percentage by the amount of the established deductible.
But the request of an insurance agent to provide a car for inspection is a guarantee of the company's reliability. After all, if the insurer agrees to conclude a CASCO agreement with you without carrying out such a procedure, you should think about refusing this offer. Since in the event of an insured event, you may not receive the expected compensation for damage.
Specialists trained and authorized to conduct a pre-insurance inspection or trusted representatives of the insurance company have such a right. This is usually the responsibility of the Claims Officers.
But now insurers often enter into partnership agreements with organizations to conduct independent examinations. This is done so that at the time of registration of the insured event there are no questions about the quality of the pre-insurance inspection on both sides that have entered into a CASCO agreement.
Previously, each insurance agent and customer service manager was entitled to inspect the vehicle. But due to the fact that these people are financially interested in obtaining a policy and can give some concessions to the owner of the vehicle, they were deprived of this opportunity.
For any person uninitiated in the intricacies of the insurance business, especially for the future insured, it will be interesting how a pre-insurance inspection is carried out. After all, it will depend on the quality of the service provided to you by an employee of the insurer whether you receive compensation for the loss.
Since even the slightest omission during the inspection of the vehicle may result in a refusal to pay damages. What actions must be taken by an authorized representative of the insurance company?
The natural completion of the pre-insurance inspection of the vehicle is the signing of the act. This is done by both parties involved in the transaction - an employee of the insurance company authorized to conduct an inspection and the insured himself.
Moreover, the client must be provided with a copy of the vehicle inspection report, certified by the seal of the insurance company. This helps to eliminate any contradictions at the time of registration of a loss-making case.
Of course, conducting a pre-insurance inspection is not a compulsory measure. The car owner can refuse it. However, there are consequences for such a refusal.
The main consequence of the refusal to provide the car for inspection may be the refusal to conclude a hull insurance contract. A number of insurance companies categorically prohibit their representatives from issuing Casco policies without an inspection.
In the event that the insurance agent and the owner of the car still decide to agree and insure the car without inspection, the companies have introduced special clauses into the policies.
"The contract is considered invalid until the pre-insurance inspection of the insurance object is carried out by an authorized employee of the insurance company."
“Until the time of the pre-insurance inspection of the car for the risks “Damage” and “Theft”, an unconditional deductible in the amount of 99% of the insured value is valid.”
Another common consequence of refusing to inspect may be the introduction of significant restrictions on insurance risks into the hull insurance contract.
This may be a reduction in the list of insured events covered by the insurance contract. Or the introduction of various franchises for the risks of "Damage" or "Theft".
By the way, the requirement of the insurance company for a mandatory pre-insurance inspection of the car is an indirect confirmation of the reliability of the insurer. In the event that the company agrees to issue a hull insurance policy without inspection (we are talking about insurance for non-new cars), the car owner should be alerted - “will this company pay for possible losses in the future?”.
Inspection of the car at the conclusion of the Casco contract can be carried out by specially authorized employees of the insurance company or its representatives.
As a rule, inspections are carried out by specialists of the claims settlement departments. Or independent experts who have received a power of attorney from the insurer to conduct inspections.
In the recent past, the practice of conducting inspections by employees of the selling divisions and insurance agents was widely used. That is, the employee wrote out a comprehensive insurance policy, accepted payment from the client, and inspected the car.
The result of the pre-insurance inspection is the Inspection Certificate. It is signed by the owner of the car and the employee of the insurance company who conducted the inspection.
In most cases, the insurance company does not provide its customers with a copy of the inspection report.
However, it is recommended to be persistent and request a copy of the act, certified by signature and seal. This will allow in the future to more reasonably negotiate with the insurance company in the event of insured events and to avoid discrepancies in the configuration of the car and the damage identified during the inspection.
What risks can be insured under the Casco policy?
Is it possible to insure a car only against theft?
What should I do if my car is damaged during inspection?
You can see OSAGO, how it looks in 2018, on the website of your insurance company. The main difference from the previous versions is the increased color protection. The policy has more than 12 color shades and several graphic patterns.
As with any official document that can be forged, for protection paper policy watermarks are used. They do not interfere with reading the document, as well as filling it out. When you point the document to the light, you can see the features of the machine, as well as the PCA inscription, which is located on both edges.
Since 2017, a metallized thread has been added to the policy, with the help of which the “policy” is written. There is also a QR code, which will appear on new-style policies from 2018. This is a quick response code, with the help of which, having access to modern technologies, a motorist can find out all the data about an insurance company.
current Russian legislation prohibits driving without motor third party liability insurance. This measure helps to protect the interests of the parties in an accident.
The owner of the vehicle and the persons who actually dispose of it should remember that according to federal law No 40 vehicle insurance requirements are a must for everyone. For driving a car for which the OSAGO policy is not issued or expired, the driver will be fined.
If an agreement has not been reached between the parties on the place of inspection of the car, then the insurer has no right to refuse to conclude an OSAGO agreement.
The place of inspection of the car when buying OSAGO is established by agreement of the parties. This could be a location near the insurer's office or the client's home or office. The machine is checked during daylight hours or in a well-lit room.
In the case when OSAGO is bought via the Internet, the inspection, of course, is not carried out.
In the event that the client agreed to the examination, but does not agree with the content of the expert's act, he may not sign it and ask to conduct the examination again (Article 18 of the Federal Law-170) with the participation of another specialist. The signed act means that you fully agree with its content.
If the law gives a positive answer to the question of whether it is possible to insure a car without an owner, a car enthusiast who is allowed to drive should know how to do this.
Many motorists are wondering - is it possible to get a compulsory motor third party liability insurance policy without life insurance? This is due to the fact that many policy companies impose a number of additional services.
This situation is not new, and such coercion is contrary to a number of legislative acts, among which is the Constitution. Unfortunately, not every car owner is able to defend their rights.
It is quite easy to explain this - since the insurance has ended, then for the duration of the proceedings you will have to sit in public transport, and many drivers cannot afford this. Such reasoning of motorists, of course, plays into the hands of employees of insurance companies, who can sell more of their services.
In addition to compulsory life insurance, insurers often impose other related services on their customers:
Every driver must understand that insurance companies do not have the right to force vehicle owners to conclude additional contracts.
Not so long ago, legislation concerning mandatory car insurance, a number of changes have been made.
As a result, the following amendments came into effect:
After passing a technical inspection, a so-called diagnostic card is issued for the car. An OSAGO insurance policy must be issued with the obligatory presence of such a document. Many companies offer to issue such a policy without this document.
According to current laws, to pass a technical inspection if you already have an OSAGO policy on hand is not at all necessary, since traffic police are now deprived of the right to demand a diagnostic card from the driver.
However, liability may arise in the event that an accident occurs due to a malfunction of the vehicle. If such a situation arises, then insurance representatives may require a similar document to be presented. In its absence, the contract will be terminated.
In principle, as mentioned above, the presence of the owner when applying for a compulsory car insurance policy is useless. The main thing is that an appropriate power of attorney be issued in the name of the insured and the passport of the owner of the car, as well as a photocopy of the driver's license, be provided to the insurance company.
If there is no diagnostic card on hand, then the insurance company has the right to issue only a transit policy, which will be valid for only 20 days. key function this document is the liability insurance of the motorist when he transports the car to the place of technical inspection.
Without a diagnostic card, no insurance company will conclude an appropriate contract, since such actions threaten very serious fines for the enterprise itself. In addition, it makes no sense to purchase a policy of this kind for the car owner himself, since without a diagnostic card in the event of an accident, the insurance contract will be immediately terminated.
Until July 2015, when amendments to the OSAGO Law came into force regarding the introduction of the possibility of remote purchase of a policy, there was a rule on the right of an insurance company to inspect a car. At the same time, paragraph 1.
Thus, if the insurance company decided to inspect the car, i.e. to exercise his legal right to establish the actual condition of the vehicle, the insured did not have the opportunity to refuse such a condition when issuing an OSAGO policy.
In practice, this led to abuses on the part of insurance companies, which, under the pretext of the need to conduct an inspection before concluding an OSAGO policy, determined the possibility of avoiding it by purchasing additional services.
A citizen who applied for OSAGO insurance could only influence the choice of the place of inspection, but not the right of the company to conduct it. This circumstance created uncertainty and gave rise to complaints from car owners, while in most cases the insurance companies did not actually need to conduct an inspection.
With the introduction of new rules for issuing an OSAGO policy, including in terms of conducting a pre-insurance inspection of a vehicle, insurance companies no longer have one of the grounds for refusing to conclude an insurance contract.
Currently, insurance companies monitor the obligation of drivers to undergo a technical inspection of cars. To do this, when applying for an OSAGO insurance policy, the agent will require you to present him with a valid diagnostic card. Without it sale insurance contract impossible.
Some drivers do not follow the expiration date of the technical inspection and renew the card only before buying a policy. This is wrong and has serious consequences. The absence of a valid diagnostic card from the perpetrator at the time of the accident is a reason for recourse.
This means that the insurance company will pay for the repair of the victim's car, but subsequently recover the amount of the payment from the violator. To avoid such unpleasant consequences, it is necessary to renew the inspection on time, regardless of the date of the end of the OSAGO.
While a number of companies are ready to provide a ready-made technical inspection, other companies simply provide an inspection contract and only accept payment for the state fee. An agreement is issued for a specific station with which the insurance company has signed an agreement.
According to the issued agreement, the motorist immediately after registration of OSAGO must go to the technical inspection point, at the specified address and provide the car for inspection. But having received the long-awaited OSAGO form, not everyone is ready to go to the station after.
When calculating the amount of the premium when issuing OSAGO, insurance companies apply a special formula, substituting various multipliers into it. One of them is the CBM coefficient.
The so-called bonus-malus, very important indicator for drivers. With it, you can get both a significant discount when buying an insurance policy, and its significant rise in price. The car owner, when applying for OSAGO for the first time, receives the third class of insurance, which corresponds to the CBM coefficient equal to one. Thus, the multiplier does not affect the price of the policy in any way.
Each year the driver goes without an accident, reduces the coefficient by 0.05, giving a discount on the purchase of the policy equal to 5%. So, after 10 accident-free driving, the discount on OSAGO will be as much as 50%. In this case, only those collisions are taken into account where the insured was the culprit.
All actions within the framework of registration of OSAGO insurance: buying a policy, making changes to the terms of the contract, submitting an application for payment - can only be performed by the owner of the car, who is the beneficiary.
A power of attorney is issued for a fee, the average price of a document is 1 thousand rubles. Having such a document, the principal will be able to perform any actions on behalf of the car owner: buy, terminate the policy, enter other drivers, apply for payment, and so on.
But there is also a legal way to get the coveted policy without going through MOT. The loophole is in the law itself. In 2016, amendments were made to Federal Law No. 170, which exempt cars newer than three years from the need to undergo technical inspection.
It is important to know that the time is not considered from the date of purchase, but from the date of manufacture of the machine, and is calculated in years. That is, in 2017 you do not need to pass inspection if your car was produced in 2015, 2016 and 2017. The issue date is the one specified in the PTS. This nuance is spelled out in Article 15 of the Federal Law No. 170.
Making an OSAGO policy costs a lot even for ordinary citizens, not to mention the vulnerable segments of the population. In order to support certain categories of insurers, the legislation provided for them benefits for the purchase of OSAGO. It's about the disabled.
For such persons, the State provides guarantees in the form of payment of 50% of the cost of the insurance policy. The group of disability does not play a role in this. The discount is provided when insuring cars owned by disabled people, or persons who have such a person in their care. Two more people will be able to drive the car in addition to the owner.
The benefit is provided not by the insurance company, but by local governments. This means that when buying OSAGO, you will need to pay its full cost. Next, you need to contact the department of social protection to receive compensation. You need to have documents with you:
Making an OSAGO policy costs a lot even for ordinary citizens, not to mention the vulnerable segments of the population. In order to support certain categories of insurers, the legislation provided for them benefits for the purchase of OSAGO. It's about the disabled.
In most cases, a car is not required to conclude an OSAGO insurance contract. However, the legislation gives the insurance company the opportunity to carry out a pre-insurance inspection of the car when selling OSAGO.
In this case, the car owner is not obliged to show the car at the sales office of the insurer. The agent must agree on the date and place of the examination. If the parties do not come to an agreement or the policy is issued via the Internet, insurance is made without inspecting the vehicle.
If the defect was noticed already at home, you must contact the insurance company to make changes to the form. The defect is eliminated by concluding an additional agreement to the insurance contract.
OSAGO is a social type of insurance. Without auto insurance, drivers cannot operate their vehicles. That is why the state protects citizens in case of violation of their rights by insurers.
Complaints can be filed without leaving home. It is enough to go to the website of the above organizations and make an appeal, attaching supporting documents. The supervisory authority will send a request to the insurer and conduct an audit.
Very often, the victim wants to see the act of inspection of the insurance company and cannot do it. Insurance companies in most cases refuse to provide an inspection report, as well as the results independent evaluation, motivating this by the fact that there is no such requirement in the law "on OSAGO" or simply referring to the fact that it is their property.
Meanwhile, the act of inspection and the result of the assessment may be necessary for the victim to organize his own independent examination or understand the scheme for further interaction with the insurance company.
In addition, very often, when sending for repairs under an OSAGO policy, the victim does not even approximately imagine how much the IC agreed and what kind of work it is about, and for understanding it will not be superfluous to look at the inspection report and calculation.
When representatives of the UK say that there is no requirement to provide an act in the OSAGO law, they are right, but they don’t tell you the whole truth either.
Based on paragraph 4.23 of the OSAGO rules, the insurer no later than 3 days from the date of receipt of the application for the issuance of an act on insured event obliged to issue it. At the same time, paragraph 3.11 of the Rules describes the procedure for providing a car for inspection and conducting an independent examination. That is, if an examination was carried out, then it is part of the act on the insured event, the inspection report is part of it.
Thus, although this is not spelled out in the law, it is spelled out in the rules of interaction established by the regulators, and accordingly, however, on the side of the victim.
You need to understand one simple thing, you need to interact with the insurance company in the language of official requests. If you ask or demand something in words, they can give you the most insane answer and then say that there was no conversation.
To obtain an act, you must send a written request in free form to the representative office of the UK. In the request, it is best to immediately refer to paragraphs 4.23 and 3.11 of the OSAGO rules. In order to be able to confirm that the request was sent, we recommend that you send it by mail with acknowledgment of receipt. Or you can bring the request in person and ask the secretary to register it and give you a registration number.
If representatives of the UK fail to receive a notification by mail or refuse to register an appeal, you can complain about the actions of representatives of the UK on the website of the regulators (RSA, Central Bank).
If you are determined to sue the UK, you can file a lawsuit, indicating as the amount of the claim the limit of payments under the OSAGO policy.
