The insured are deposits - cash in rubles and foreign currency placed individuals in the Bank on the basis of an agreement bank deposit or bank account agreements, including capitalized (accrued) interest on the deposit amount.
The following funds are not subject to insurance:
4.4. Situational questions:
a). The procedure for accruing amounts insurance compensation if the husband and wife have deposits in the same bank;
b) if there are several accounts in one bank whose license has been revoked / two accounts in different banks whose license has been revoked?
in). calculation of the amount of insurance compensation if there is a deposit in foreign currency;
G). calculation of the amount of insurance compensation in the presence of a deposit and loan debt / credit card from a bank customer.
4.5. The essence of the concept of "insurance event".
The right of the depositor to receive compensation for deposits arises from the date of occurrence insured event.
An insured event is one of the following circumstances:
4.5. The procedure for reimbursement of deposits. Sum insured.
1. Payment of compensation on deposits is made by the Agency in accordance with the register of the bank's obligations to depositors within 3 days from the date of submission by the depositor to the Agency required documents but not earlier than 14 days from the date of occurrence of the insured event.
2. When a depositor submits documents to the Agency, he is issued an extract from the register of the bank's obligations to depositors, indicating the amount of compensation for his deposits.
3. The Agency publishes information about the place, time, form and procedure for accepting applications from depositors in the Bulletin of the Bank of Russia, as well as in the printed organ at the location of the bank.
4. Within a month from the date of receipt from the bank of the register of the bank's obligations to depositors, a corresponding message is sent to the bank's depositors, information about which is contained in the register, on an individual basis.
5. Payment of compensation on deposits can be carried out at the request of the depositor both in cash and by transfer Money to the bank account specified by the depositor.
6. Acceptance from depositors of applications for payment of compensation on deposits and other necessary documents, as well as payment of compensation for deposits may be carried out by the Agency through agent banks acting on its behalf and at its expense.
Sum insured- the amount of money determined by the insurance contract or established by law, within which the insurer, upon the occurrence of an insured event, undertakes to pay insurance compensation under the contract property insurance, or which he undertakes to pay under the contract personal insurance. The sum insured corresponds to maximum size the obligations of the insurer for the insurance payment to the insured or a third party entitled to receive it. Based on the amount insured, the sizes are determined insurance premium and insurance payment, unless otherwise provided by the contract or legislative acts of the Russian Federation. The sum insured is essential condition insurance contracts.
The sum insured is aggregate and non-aggregate. Non-aggregate sum insured - the limit of the insurer's liability for each insured event.
Aggregate sum insured - the limit of payments by the insurer for the entire period of insurance (term of the contract). With the aggregate sum insured, after the payment of the insurance indemnity, the sum insured is reduced by the amount of the insurance payment made for this risk.
Content:
In modern conditions, many car owners are interested in the current insurance rules for vehicles. At the same time, you need to know that the sooner you insure your car, the better. This is due to the dynamically developing conditions modern life where unpleasant surprises from nature, the state or other factors can lie in wait for people at every step. Therefore, modern principles of insurance are the mechanism that allows you to protect your property, including ensuring the protection of the vehicle from various adverse situations.
Among the owners of a vehicle, everyone knows what is considered the owner of an object of increased risk. For example, as a result of an unsuccessful maneuver of your car, you can damage another car. At the same time, if the fault of the driver is proved, then compensation will have to be paid, which can be quite substantial. Of course, not everyone will be ready for such expenses. You can prepare for such surprises with the help of vehicle insurance. This will help you plan your expenses and avoid overspending in the future.
In modern conditions, the insurance of a transport object is considered complex concept, which consists of three main points. First of all, this is directly the vehicle insurance procedure, which is otherwise called CASCO. Also, another type is considered to be civil liability insurance of vehicle owners, which includes the document compulsory insurance. In addition, there is such a type of service provision as driver and passenger accident insurance.
One of the most popular types of classical insurance is CASCO, which has its own rules for registration. As for civil liability insurance and other services, they are much less popular. Signing CASCO allows you to compensate for damage caused by accidents, adverse weather conditions, as well as damage to cars by third parties.
In case of damage to other drivers, these costs can be covered by compulsory civil liability insurance. In this case, the rules say that this document is concluded by the owner of the transport object in without fail. In addition, such a service can be arranged voluntarily.
Each company providing such services has its own specific insurance rules that are important for vehicle owners, as well as for the carrier. However, there are clear rules in the legislation that assign certain obligations to the insurer.
When choosing an insurer, vehicle owners should be interested in the points that indicate exceptions to insurance coverage and reasons why they can refuse compensation for damage. This is due to the fact that there are policies where there are strict restrictions on these points, which reduce the cost of insurance. However, in this situation, the payment of compensation in the future may be difficult. Therefore, experts do not recommend the owner of the transport facility to conclude such documents.
Most insurance programs do not have fully unilateral obligations. That is, assuming the functions of mandatory compensation for damage, the insurer always requires the client to comply with the rules relating to the insured transport facility. In this regard, the client needs to clearly read the document, paying attention to each specific condition. In addition, you need to carefully study the insurance rules relating to the insurer. This applies to both compulsory vehicle insurance and other types of similar services.
Documents should be read between the lines. The adequacy and quantity of all conditions that are reflected in the program are compared. At the same time, the more fully all these moments are described, the fewer questions and problems will arise later. Therefore, do not be afraid a large number text in the document.
Many vehicle owners need to be warned to be very careful with low prices in this case. This is due to the fact that in this case, agency guarantees are bought. It turns out that with a wider coverage, the guarantee is higher than with a lower one. That is, the higher the cost of a mandatory or voluntary insurance, all the better. However, the high cost does not always mean the quality of services. At the same time, low prices in general should always be alarming.
The choice of a company for compulsory vehicle insurance should take into account not only simple numbers, but the whole range of conditions in the document. First of all, you need to pay attention to all exceptions that give the right to refuse payments. Also, the client should always study the full range of risks that need to be insured against. The contract also contains the concept of a deductible, which is that component of the damage that the insurer will not compensate. T
One of important points when applying for compulsory insurance of vehicles, the territory covered by the document is considered. In addition, depreciation may or may not be taken into account in such documents, which also has a certain meaning and somewhat changes the rules for the provision of services. In this case, the sum insured may change after the indemnification has been paid. Decor insurance contract provides for the payment of the payment, both with the help of a one-time payment, and by dividing it into parts.
When signing a document of compulsory insurance of a transport facility, certain bonuses may be present. They will be beneficial for both the carrier and car owners. Bonuses include reimbursement for transportation costs damaged car, a 24/7 helper in the form of a Call Center that provides technical assistance online. As a rule, bonuses are not typical for civil liability insurance.
Now in modern society insurance services used by all motorists without exception. Almost any vehicle subject to compulsory civil liability insurance. Modern rules provide a list of vehicles that are not accepted for the insurance procedure. First of all, this applies to those vehicles, the period of operation of which has ended. Also, vehicles are not insured. technical condition which predisposes to the rapid onset of an insured event.
Modern rules of compulsory civil liability insurance, as well as the rules of other types of vehicle insurance, do not provide for the execution of a contract for confiscated or arrested cars. Also, traditionally it is impossible to issue a service for cars located in areas with natural disasters.
When applying for CASCO insurance, the client receives protection against all events, among which one can single out the complete loss of the transport object, as well as its damage. All these risks can take place both for the owners of the transport facility and for carriers. An advantageous difference between this type of service and compulsory civil liability insurance is compensation for damage with the entire list of risks. To date, the list of risks in domestic and foreign companies is practically the same.
When applying for compulsory civil liability insurance, there are a number of cases in which insurance will not be paid. For example, for many owners of a transport facility, compensation for damage will not be made if the car is damaged due to negligence or willful actions of the insured. Also, in case of illegal actions of the owner of the car or the use of the car for other purposes, payments will not be made. Therefore, it is necessary to strictly observe the rules of the road for all requirements of civil liability. In addition, insurance payments will not be made for those owners of a transport facility who drove a car in a state of drug, alcohol or other intoxication.
It is important for any carrier that the moment that any company will not compensate for the damage in case of damage to the transport object by the cargo. In addition, during military operations, in conditions of civil war, strikes, and so on, in most cases, damage to a car will not be considered an insurance situation. However, there are contracts under which these situations will still be related to insured events. This is very important for vehicle owners. Compensation for such damage is not possible with compulsory civil liability insurance.
In case of insurance protection of vehicles, the object is directly the car. As for the subjects, they are the insured and the insurer. The owner of the transport facility acts as the insured. It can be both an individual and a legal entity, which can be a carrier company. Interestingly, when applying for compulsory civil liability insurance, the insured may not be the owner of the transport facility.
Modern rules for the provision of such services provide for the execution of an agreement in cases where the insured owns the car when renting, leasing or by proxy. In each of these cases, vehicle owners are interested in high-quality protection of the car from the occurrence of insurance situations. If, for some reason, the client is not interested in keeping his car or the car of the carrier, then the insurance contract cannot be concluded. This applies to compulsory civil liability insurance and other types.
When providing services to car owners or a carrier, a company that has the right to conduct such events should act as an insurer. Modern regulations require this organization to obtain a license for such services in the direction of vehicles. This license can be issued by a mutual insurance company, which is a non-profit type organization.
When applying for compulsory civil liability insurance or other types of insurance, there is such an entity as a beneficiary. This is an entity represented by the carrier, owners or lessor of the car, in whose favor the person who operates the car by proxy concludes an agreement. In this case, the rules of compulsory insurance of civil liability of vehicles provide for payment to this person when an insurance situation occurs. This is beneficial for both the carrier and the private owner of the car. When applying for civil liability insurance, a specific car always acts as the subject of insurance.
1. Motor insurance
2. Air transport insurance
3. Water transport insurance
Transport insurance(means of transport insurance) - a set of types of insurance that provide for the obligations of the insurer for insurance payments in the amount of full or partial compensation for damage due to damage or destruction (hijacking, theft) of a vehicle.
The objects of insurance are any self-propelled vehicles subject to state registration by the traffic police of the Russian Federation.
In car insurance allocate2 sub-sectors:
The object of insurance is vehicle in the manufacturer's configuration. Insurance cover can be extended to additional equipment not included in the factory set (TV equipment, anti-theft device, alarm system, etc.).
Insurers usually offer hull insurance and additional equipment insurance in a package with insurance for luggage in the vehicle and trailer, as well as for the life and health of the driver and passengers.
CASCO motor insurance is a voluntary type of insurance.
Policyholders- legal entities and individuals. Legal entities insure vehicles that are on their balance sheet, rented, received under leasing, etc. Individuals insure their own vehicles used under a power of attorney for the right to use, rented, etc.
When insuring the driver and passengers against accidents, at the request of the client, the entire cabin or individual seats are insured.
The insurance region in the contract is the Russian Federation, but at the request of the client it can be expanded.
There are two types of insurance coverage:
1. Partial Casco includes risks of damage or destruction of an object or its parts as a result of an accident; explosion, fire; natural disaster; failure of plumbing and heating systems in the garage; damage from illegal actions 3 persons; encounters with wild animals; failure under the ice; loss of a commercial vehicle as a result of such events.
2. Full casco includes partial hull and theft.
The volume of insurance liability in the contract depends on the options (programs) of insurance developed by specific insurers and on the wishes of customers. For example, insurance against collision with animals is typical for owners of vehicles living in rural areas, against illegal actions of 3rd parties - in cities, against theft - for all.
The insurance contract can be concluded for up to 1 year. The insurance premium is paid in a lump sum or in two terms: 50% at the conclusion of the contract and 50% within 2-3 months.
Sum insured. A vehicle can be insured at the full market price (new vehicles), at the market price including depreciation (used vehicles), for the amount of the policyholder's liability to the organization that rented the vehicle, at partial cost with the establishment of proportional liability.
When determining insurance premium take into account the make of car, model, year of manufacture, mileage, region of insurance, purpose of using the vehicle, storage conditions, type of protective device (security, anti-theft), qualification and experience of the driver, accident rate (discounts for driving without accidents). It is possible to establish an unconditional franchise.
Upon the occurrence of an insured event, the insured must report this to the relevant competent authorities (traffic police, ATC, fire brigade, etc., depending on the nature of the incident) in order to obtain a document certifying the fact of the insured event, as well as to the insurer within the agreed time.
Reimbursement period depends on the specific conditions of insurance and usually ranges from 3 to 10 days from the receipt of all necessary documents. In the event of theft, the terms may be extended due to the initiation or suspension of a criminal case on the theft of the vehicle.
There are two casco compensation forms:
1) financial compensation paid in case of theft or almost complete destruction of the vehicle.
2) payment for repairs at a service station is made in case of damage to the car (repair costs + costs for the delivery of the vehicle to the service station).
The insurance indemnity cannot exceed the sum insured specified in the contract.
The law establishes cases in which no compensation for damage caused by:
1) force majeure or intent of the victim;
2) the impact of a nuclear explosion, radiation, radioactive contamination;
3) military actions or military measures;
4) civil war, popular unrest, strikes.
Specific grounds for the insurer's refusal to pay compensation:
Driving a vehicle under the influence of alcohol, drugs or toxic substances;
Receipt by the policyholder full refund damage from the person responsible for causing it;
Use of the vehicle for driving training, for participation in competitions;
Receipt by the insured through the social security authorities of another car to replace the damaged, destroyed or stolen.
The article discusses the participants in the deposit insurance system, the procedure for obtaining reimbursement for deposits and the amount of this reimbursement.
General provisions
Bank - credit organisation, which has the permission of the Bank of Russia to attract funds from individuals in deposits and to open and maintain bank accounts of individuals, issued by the Bank of Russia to banks in the manner established by the Federal Law "On Banks and Banking Activities".
Deposit - funds in the currency of the Russian Federation or foreign currency placed by individuals or in their favor in a bank in the territory of the Russian Federation on the basis of a bank deposit agreement or a bank account agreement, including capitalized (accrued) interest on the deposit amount.
The depositor is a citizen of the Russian Federation, foreign citizen or a stateless person who has entered into a bank deposit agreement or a bank account agreement with the bank, or any of these persons in whose favor the deposit has been made.
Compensation for a deposit (deposits) (insurance compensation) - a sum of money payable to a depositor in accordance with this Federal Law upon the occurrence of an insured event.
Deposit insurance system
The creation of a system of compulsory insurance of bank deposits of the population is a special state program implemented in accordance with the Federal Law of December 23, 2003 No. 177-FZ "On insurance of deposits of individuals in banks of the Russian Federation" (Law 177-FZ).
Its main task is to protect the savings of the population placed in deposits and accounts in Russian banks on the territory of the Russian Federation. Protecting the financial interests of citizens is one of the important social tasks in dozens of countries around the world. The deposit insurance system is mandatory in all member states of the European Community, it also operates in the USA, Japan, Brazil, Ukraine, Kazakhstan and Armenia and other countries.
The members of the deposit insurance system include depositors, banks, the Agency and central bank Russia. At the same time, depositors are recognized as beneficiaries, banks - as insurers, the Agency - as an insurer.
The policyholder and the insurer are the parties to the insurance contract, and the beneficiary is the person in whose favor the insurance contract is concluded.
As established by clause 1 of Article 837 of the Civil Code, a bank deposit agreement is concluded on the terms of issuing a deposit on demand (demand deposit) or on the terms of returning the deposit after the expiration of a period specified by the agreement ( term deposit). The agreement may provide for making deposits on other terms of their return that do not contradict the law.
In accordance with paragraph 2 of Article 837 of the Civil Code, under a bank deposit agreement of any type, the bank is obliged to issue the deposit amount or part of it at the first request of the depositor, with the exception of deposits made by legal entities on other terms of return, stipulated by the agreement. The condition of the agreement on the refusal of a citizen from the right to receive a deposit on first demand is void.
To insure deposits, the depositor does not need to conclude any contract - insurance is carried out by virtue of law.
Cash not subject to insurance
According to part 2 of article 5 of Law 177-FZ, the list of cases of placement of funds by individuals in banks that are not subject to insurance includes:
1. Cash placed on bank accounts of individual entrepreneurs, if these accounts are opened in connection with their entrepreneurial activities. This is due to the need to comply with the principle of equality in protecting the rights and legitimate interests of business entities, i.e. legal entities and individual entrepreneurs.
The federal law differentiates the accounts of individuals engaged in entrepreneurial activities without forming a legal entity, opened by them in connection with this activity, from accounts opened by individual entrepreneurs as ordinary consumers banking services in RF. This distinction is achieved by maintaining state registers, which contain information: on the acquisition by individuals of the status of an individual entrepreneur, on the termination of activities by individuals as individual entrepreneurs and other information about individual entrepreneurs and relevant documents.
2. Cash placed by individuals in bearer bank deposits, including those certified by a savings certificate and (or) a bearer savings book. They are excluded from the number of deposits subject to insurance in order to encourage the population to the most transparent placement of their funds.
In accordance with paragraph 1 of Article 843 of the Civil Code, unless otherwise provided by agreement of the parties, the conclusion of a bank deposit agreement with a citizen and the deposit of funds into his account on a deposit are certified by a savings book. A bank deposit agreement may provide for the issuance of a savings book to bearer. Savings book bearer is a security.
According to article 844 of the Civil Code, a savings (deposit) certificate is security, certifying the amount of the deposit made to the bank, and the right of the depositor (certificate holder) to receive after the expiration of the established period the amount of the deposit and the interest stipulated in the certificate in the bank that issued the certificate, or in any branch of this bank. Savings (deposit) certificates may be bearer.
3. Funds transferred by individuals to banks for trust management are also not subject to insurance due to the fact that the transfer of these funds is carried out in accordance with a trust management agreement, and not a bank deposit agreement or a bank account agreement.
In accordance with paragraph 1 of Article 1012 of the Civil Code, under a property trust management agreement, one party (the founder of the management) transfers the property to the other party (the trust manager) for a certain period of time in trust management, and the other party undertakes to manage this property in the interests of the founder of the management or specified by him person (beneficiary). At the same time, according to paragraph 2 of Article 1013 of the Civil Code, money, with the exception of cases provided for by law, cannot be an independent object of trust management.
4. Funds placed in deposits located outside the territory of the Russian Federation in branches of banks in the Russian Federation are also excluded from the number of deposits subject to insurance in the Russian Federation, due to the fact that these funds are protected by the legislation of the respective country.
Posted: 07/04/2016
According to paragraph 2 of Art. 3 of the Law of the Russian Federation of November 27, 1992 No. 4015-1 “On the organization of insurance business in the Russian Federation”, two forms of insurance are distinguished: compulsory and voluntary. In compulsory insurance, the state establishes the obligation to make insurance payments by the relevant circle of insurers (for example, compulsory insurance of civil liability of vehicle owners, mandatory health insurance, tour operator liability insurance, etc.)
Voluntary insurance operates by virtue of law, but on a voluntary basis. Legislation may determine the objects subject to voluntary insurance, general aspects of insurance, but specific conditions are regulated by the Insurance Rules established by the insurer.
Currently in Russian insurance market the institution of voluntary insurance has gained sufficient popularity (voluntary insurance financial risks; voluntary pension insurance; voluntary insurance against fires and risks of natural disasters, etc.).
Insurance companies carry out their activities on the basis of a license. Licensing of insurance activities is aimed at protecting the interests and rights of policyholders, insurers and the state and is a way state regulation and monitoring the activities of insurance companies and their compliance with the current legislation of the Russian Federation. The body responsible for licensing insurance activities in the territory of the Russian Federation is the Bank of Russia.
Let us pay attention to the meaning of some concepts used in insurance relations and requiring understanding on the part of the insured.
insurance premium- this is the amount that the policyholder undertakes to pay to the insurer upon conclusion of the insurance contract. Not to be confused with the concept of the sum insured(!).
Under sum insured insurance means the amount stipulated by the Law or the insurance contract, within which the insurer pays out upon the occurrence of an insured event.
Insurance case- an event that has taken place, provided for by the Law or the insurance contract, upon the occurrence of which the insurer's obligation arises to carry out insurance payment to the insured.
Insurance rate- the rate of the insurance premium per unit of the sum insured, taking into account the object of insurance and the nature insurance risk. Insurance rates for types of compulsory insurance are established in accordance with federal laws on specific types of compulsory insurance. The size insurance rate in voluntary insurance is determined by the contract of voluntary insurance by agreement of the parties.
Motor vehicle insurance
In the field of auto insurance, one can single out compulsory state (OSAGO) and voluntary (CASCO) insurance.
What is OSAGO?
The Institute of Compulsory Insurance of Civil Liability of Vehicle Owners is regulated by federal law dated April 25, 2002 No. 40-FZ "On compulsory insurance of civil liability of vehicle owners" (hereinafter OSAGO Law), the Regulations on the Rules for Compulsory Civil Liability Insurance of Vehicle Owners, approved by the Bank
The purpose of compulsory insurance of civil liability of vehicle owners - protection of the rights of victims to compensation for harm caused to their life, health or property when using vehicles by other persons. Vehicle owners are required to insure the risk of their civil liability on the terms and in the manner established by the OSAGO Law. Operation of the vehicle without insurance policy is illegal and will result in a fine.
Compulsory insurance is carried out by the owner of the vehicle by concluding a compulsory insurance contract with the insurer. This contract is concluded in relation to the owner of the vehicle, the persons specified by him in the compulsory insurance contract, or in relation to an unlimited number of persons admitted by the owner to drive the vehicle in accordance with the terms of the compulsory insurance contract, as well as other persons using the vehicle legally (Clause 2, Article 15 of the OSAGO Law).
Thus, there are two types of OSAGO policies: with a limited circle of persons allowed to drive a car, and without restrictions. In the case of insurance with restrictions, each driver must be entered in the CMTPL policy form. The action of the OSAGO policy without limiting the number of persons who have the right to drive a car applies to all drivers authorized by the owner to drive a specific vehicle (this option is used by delivery services, mail, etc.).
The OSAGO contract is concluded for 1 year. According to Article 7 of the OSAGO Law, the insurer, upon the occurrence of each insured event, undertakes to compensate the victims for the harm caused, which is: a) in terms of compensation for harm caused to the life or health of each victim, 500 thousand rubles; b) in terms of compensation for damage caused to the property of each victim, 400 thousand rubles.
To exercise the right related to compensation for harm caused motor vehicle in an amount exceeding the amount of the insurance payment, the victim may apply to the court with a claim against the person who caused the harm (clause 3.7 of the Regulations). The procedure for determining the amount of insurance payment for causing harm to the life or health of the victim is regulated by Article 12 of the OSAGO Law.
The procedure for the occurrence of an insured event under OSAGO
(in case of damage to property)
Notification of the insurance company about the insured event
The victim submits a claim for compensation for damage caused to the vehicle to the insurer that insured his civil liability (direct compensation for losses), if the following conditions are simultaneously met: as a result of an accident, damage was caused only to vehicles (there is no harm to life or health); The accident occurred with the participation of two vehicles, the civil liability of the owners of which is insured under OSAGO (clause 1, article 14.1 of the OSAGO Law). In all other cases, the claim of the victim for compensation for damage caused to his property is presented to the insurer of the person who caused the damage.
In the event of an insured event, the victim presents to the insurer claim for insurance payment or direct damages and required documents no later than five working days after the accident or sends them in any way that provides confirmation of sending (for example, by mail with acknowledgment of receipt) (clause 3.8 of the Regulations).
List of documents to be submitted to the insurance company
When compensating for damage to property, the victim shall attach the documents provided for in paragraphs 3.10 and 4.13 of the Regulations to the application for insurance payment:
A copy of the identity document of the victim (beneficiary), duly certified;
Documents confirming the authority of the person who is the representative of the beneficiary (for example, a power of attorney);
Documents containing Bank details to receive insurance indemnity, if the payment of insurance indemnity will be made in a cashless manner;
The consent of the guardianship and guardianship authorities, if the payment of insurance compensation will be made to the representative of the victim (beneficiary) who has not reached the age of 18 years;
A certificate of an accident issued by a police unit, if the registration of documents about an accident was carried out with the participation of authorized police officers;
Copies of the protocol administrative offense, a decision in a case on an administrative offense or a ruling on the refusal to initiate a case on an administrative offense (if the execution of documents on an accident was carried out with the participation of authorized police officers, and the preparation of such documents is provided for by the legislation of the Russian Federation).
Documents confirming the victim's ownership of the damaged property or the right to insurance payment in case of damage to property owned by another person;
The conclusion of an independent examination (assessment) on the amount of damage caused or the conclusion of an independent technical examination on the circumstances and amount of damage caused to the vehicle, if such an examination is organized independently by the victim;
Documents confirming payment for the services of an independent expert, if the examination was carried out and payment was made by the victims;
Documents confirming the provision and payment of services for the evacuation of damaged property, if the victim requires reimbursement of the relevant costs. The expenses for the evacuation of the vehicle from the place of the traffic accident to the place of its repair or storage are subject to compensation;
Documents confirming the provision and payment of services for the storage of damaged property, if the victim requires reimbursement of the relevant expenses. At the same time, storage costs are reimbursed from the day of the accident until the day the insurer conducts an inspection or an independent examination (assessment).
Other documents that the victim is entitled to submit in support of his claim for compensation for the harm caused to him, including estimates and invoices confirming the cost of repairing damaged property.
Presenting the vehicle for inspection
In case of damage to property, the victim is obliged, within five working days from the date of filing an application for insurance payment present the damaged car or its remains for inspection, clarification of the circumstances of causing harm and determining the amount of damages subject to compensation (clause 10, article 12 of the OSAGO Law).
Within a period of not more than five working days from the date of presentation of the damaged car the insurer conducts its inspection and (or) organizes independent expertise(assessment)(Clause 11, Article 12 of the OSAGO Law). If the car of the victim cannot participate in traffic, then the expert inspects the car at its location.
The procedure for the implementation of insurance compensation
According to paragraph 12 of Article 12 of the Law on OSAGO, compensation for damage caused to the vehicle of the victim can be carried out:
- by organizing and paying for restoration repairs victim's damaged vehicle at the service station, which is chosen 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 (compensation for damage in kind);
way issuance of the amount of insurance payment to the victim(beneficiary) at the cash desk of the insurer or transferring the amount of the insurance payment to the bank account of the victim (beneficiary) (cash or non-cash payment).
In the event that the insurer has concluded an agreement with a service station, the choice of the method of compensation for harm is carried out by the victim.
Pay insurance compensation, issue a referral for repairs or send a reasoned refusal to the victim by the insurer obliged within 20 calendar days,(excluding non-working public holidays), from the date of acceptance of the application and the necessary documents from the victim (clause 4.22 of the Regulations)
For non-observance of the term for payment of insurance compensation or compensation for harm in kind, the insurer pays the victim a penalty in the amount of 1% of the amount of insurance payment determined in accordance with the OSAGO Law. For non-compliance with the deadline for sending a reasoned refusal - 0.05% of the sum insured established by the Law on OSAGO according to the type of harm caused.
Settling a dispute with an insurance company
In case of non-fulfillment or improper fulfillment by the insurer of obligations under the compulsory insurance contract, disagreement of the victim with the amount of insurance payment, the victim must contact the insurer before filing a claim with the court with a claim. The claim is subject to consideration by the insurer within five calendar days, excluding non-working holidays, from the date of receipt. Within the specified period, the insurer is obliged to satisfy the claim of the victim or send a reasoned refusal (clause 1, article 16.1 of the OSAGO Law).
Requirements for the content of the claim against the insurer are established by clause 5.1 of the Regulations. The claim must contain:
1) the name of the insurer to whom it is sent;
2) last name, first name, patronymic (if any), place of residence or postal address of the victim (other beneficiary), to which the response to the claim is sent if the insurer disagrees with the requirements;
3) requirements for the insurer with a description of the circumstances that served as the basis for filing a claim with references to the provisions of the regulatory legal acts of the Russian Federation;
4) bank details of the injured person (other beneficiary), for which it is necessary to make an insurance payment if the claim is recognized by the insurer as justified, or an indication of the receipt of funds at the cash desk of the insurer;
5) last name, first name, patronymic (if any), position (in case of sending a claim legal entity) the person who signed the claim, his signature.
6) The list of documents attached to the claim in accordance with clause 5.1. Regulations (if any of these documents were not submitted to the insurer earlier when applying for an insured event).
The claim is submitted or sent to the insurer at the address of the location of the insurer or the representative of the insurer.
What is CASCO?
"CASCO" in the territory of the Russian Federation is understood as a type of voluntary car insurance, related to protection property rights driver (insurance against damage and theft). Damage may result from an accident robbery causing mechanical damage to the vehicle, fire, explosion, natural disasters. The theft of a vehicle involves its illegal and unlawful possession by third parties.
Unlike OSAGO, CASCO tariffs are not set by the state, but are developed by each insurance company using their own coefficients. On the legislative level a single form of the CASCO policy has not been approved, in connection with which its appearance and data may differ depending on the insurance company. The terms of payment under the CASCO agreement are determined by the parties when concluding the CASCO agreement, but in fact all the terms of the contract are developed Insurance Company, and the client only joins them. The terms of payments are prescribed not in the insurance contract itself, but in the Insurance Rules to which the contract refers. The rules are handed over to the policyholder together with the insurance contract.
It is worth considering that banking programs auto insurance for the purchase of a new car provides for mandatory registration of CASCO, while the choice of the insurance company remains with the bank.
(!) When drawing up a CASCO car insurance contract, carefully read the rules of the insurance company, study the risks included in the insurance package, pay attention to what is written in the contract in small print.
Accessories insurance
A standard CASCO policy provides insurance protection only for equipment included in vehicle factory equipment, and everything installed after is subject to under the definition of "additional equipment" and must be insured separately. If you install additional elements on the vehicle, you must show the car to the insurer and ask to expand the CASCO policy to include new parts. Insurance of additional equipment is carried out either on the basis of payment documents (receipts, checks) or on the basis of an assessment of the cost by the experts of the insurance company.
(!) When insuring accessories, it is important to be fully informed about what insurance coverage and from what exactly risks you get on your additional equipment, with or without wear and tear, payments for parts will be made.
Where to complain about the insurance company?
Bank of Russia.
Russian Union of Motor Insurers (RSA)(provides advice on OSAGO issues, receives complaints and appeals from policyholders and victims of the actions of insurance companies that are members of the PCA; on the PCA website, you can check the OSAGO policy for belonging to an insurance organization);
Office of Rospotrebnadzor for the city of Moscow, in administrative districts and subjects of the Russian Federation.
