Transportation insurance is quite an important operation for the cargo owner. Its meaning is to prevent financial losses due to random events beyond the control of the cargo owner.

Such events may be damage to the cargo (intentional or unintentional) or its total loss. Cargo insurance conditions, as a rule, are based on international standards: on the terms of the London Institute of Insurers, less often on the German terms of AOC.

The sum insured is usually set at 110% of the declared value of the goods, so that in the event of a complete loss of the goods, 10% compensates for the need to quickly purchase the same goods.

The cost of cargo insurance depends on the value of the cargo, its nature, type of transport, distance and direction of transportation, the number of transshipments and the set of risks against which the cargo is insured. The difference in tariffs by nature of cargo is based on the exposure of different types of cargo to insured risks. For example, when insuring cargo against theft, a railway gondola car filled with sand is less attractive to thieves than an open-body car loaded with consumer electronics. When insuring against partial damage (for example, in the event of a container hitting a berth during unloading), the susceptibility of the cargo to mechanical damage and the nature of its packaging are important.

The type of transport (road, rail, sea or air) also affects the insurance rate, but to a lesser extent.

The distance and direction of transportation affect the cost of insurance, but here mainly aggregated indicators are used: Europe (excluding the CIS), Asia. America or some other continent. Such a division of distances and directions of transportation is rather conditional and varies in different insurance companies. As a rule, Western European companies prefer not to insure cargo going to the CIS countries because of the perceived increased risk.

The number of transshipments affects the cost of insurance, since world experience shows that the cargo is most at risk during loading and unloading operations.

The set of insured risks can be quite wide, but the larger it is, the more expensive the policy. Therefore, it is in the interests of the cargo owner to always carefully read the list of insured risks and choose from them only those that he really needs. However, we must not forget here that the cheapest is not always the best. For example, the cheapest rate is obtained in the case of insurance "with liability only against total loss." In case of only partial damage or loss of the cargo, the insurance indemnity will not be paid.

Each cargo insurance policy has a number of exceptions, so it is important to familiarize yourself with them when buying insurance. Basically, these are force majeure circumstances, but there may be special clauses. All insurance companies "dislike" any manifestation of nuclear energy (including damage from the vicinity of radioactive materials). If it is necessary to move cargo through war zones, you can get a special confirmation from the insurance company about expanding insurance to this region, but this significantly increases the cost of insurance.

A relatively new type of service is carrier liability insurance, when the carrier's liability to the cargo owner is insured in case of damage or loss of cargo due to accidental risks. An example from practice - a car with a load of refrigerators rolled off the side of the road due to bad road conditions. The result is the loss of presentation of most refrigerators. Naturally, in this case, the carrier has a responsibility to compensate the damage to the cargo owner. Since the carrier insured his liability, the damage was indemnified for him Insurance Company.

The carrier's liability insurance offered on the market today mainly applies only to road carriers, i.e. truck owners. The terms of insurance basically coincide with the terms of the international convention of carriers, which determines the limits of the carrier's liability to the cargo owner.

The carrier's liability insurance policy includes liability for customs risks. This makes it possible to consider such a policy as a basis for purchasing a TIR-Carnet card from a national association of carriers. Only national associations are authorized to issue these cards in their countries.

Forwarders' liability insurance. This insurance product is in many ways similar to the one described above. However, it also covers intermodal transport, as it is not tied to one specific mode of transport.

The cost of forwarders' and carriers' liability insurance depends, first of all, on the annual turnover of the company and partly on the condition of the fleet (for carriers) and the proportion of vehicles used (for forwarders).

The question may arise - does the cargo owner need to insure the cargo if the carrier (or forwarder) is still responsible for it? Theoretically, if the cargo is cheap (less than $11 per kilogram), you may not be insured, but in this case you need to be sure of the carrier's solvency or make sure that he has liability insurance. In practice, it is always necessary to insure the cargo. Firstly, the sum insured is still 10% higher than the cost of the cargo (the carrier will be obliged to reimburse the cargo owner only 100% of the cost in case of a complete loss). Secondly, damage to the cargo may occur as a result of circumstances recognized as force majeure under liability insurance. And this is not always force majeure in relation to cargo insurance.

Today, many companies around the world are engaged in cargo insurance. The choice of an insurance company is always up to the client.

It is most convenient to insure in a company that is closest geographically, or with which you have already dealt. When choosing, you need to be sure that in case of damage, the company will really be able to reimburse you. The basis of the reliability of an insurance company is its solvency. The only official document confirming this fact is an insurance license issued by the authority insurance supervision. All insurance companies prove their solvency to such a body at least twice a year.

There are also quite a few rating systems for insurance companies: from listing by the amount of money collected to a rather complex system of an American company by financial estimates Standard & Poor. However, the rating only assesses the probability of bankruptcy of a company.

Therefore, the client must evaluate the reliability of his insurance company himself. You can try to assess the stability of the company (how many years on the market), the professionalism of the staff with whom you communicate, the size of the company, etc. For example, Western companies with an annual turnover of billions of dollars can take quite high risks without any difficulty. Insurance companies of Eastern Europe that have arisen over the past decade, high risks, as a rule, are reinsured. In this case, it is useful to ask where the company reinsures your specific transportation.

The presence of a good reinsurer allows the company to have good partners around the world for claims settlement. For example, in the event of damages related to the liability of the carrier, they use the services of a highly professional German company with many years of experience in dealing with losses in all countries of Western Europe.

If insurance companies in a given region do not satisfy your requests, nothing (from a legal point of view) prevents you from insuring transportation outside your city or country. When insuring, you will need to present the original accompanying documents. There is no direct connection between the points of departure, receipt and place of insurance. When comparing the price for a specific transportation in several insurance companies, you must also remember to compare the terms of insurance, the risks covered and the list of exclusions.

Transport cargo insurance (cargo insurance)

In the implementation of international transportation, insurance is currently widely used, which can be mandatory and voluntary (contractual). Its main goal is to create guarantees for cargo owners and passengers of compensation for losses expected during transportation and to simplify the receipt of such compensation, because the recovery of damages from transport organizations takes time and often involves significant legal costs.

Insurance is also used by carriers of many types of transport, especially sea and river, road and air to cover losses from possible accidents of vehicles, when the losses that fall on the carrier often reach impressive amounts that can jeopardize the financial well-being of the carrier. Finally, insurance is designed to protect the carrier from possible liability to third parties that are not parties to the contract of carriage.

The transport insurance rules provide for three types of conditions on which a transport insurance contract can be concluded, depending on which both the amount of the insurer's liability and, accordingly, the amount of the insurance premium paid by the insured vary.

The most complete is insurance "responsibility for all risks", in which losses are compensated for damage or total loss of all or part of the cargo, which occurred for any reason.

Insurance under the terms of the second type is called "private accident liability" insurance. In this case, the insurer compensates for losses that occurred not for any, but only for certain reasons.

These include:

• losses from damage or complete loss of all or part of the cargo due to fire, storm, whirlwind and other natural disasters, wreckage or collision of conveyances with each other or their impact on fixed or floating objects, ship running aground, bridge failure, explosion, as well as due to measures taken to rescue or extinguish the fire;
• losses due to the loss of a ship or aircraft without a trace;
• losses from damage or complete loss of all or part of the cargo due to accidents during loading, stowage, unloading of cargo and acceptance of fuel by the vessel.

When transporting goods by sea, losses are not compensated if they do not reach 3% of the sum insured of the entire cargo under one bill of lading.

When insured under the condition of the third type - "without liability for damage, except in cases of a crash",- the insurer compensates for losses from the total loss of all or part of the cargo in the same cases as in case of insurance "with liability for a partial accident". However, damage losses are reimbursed by the insurer only in the event of a vehicle crash.

When insuring under the terms of all three types, the insurer indemnifies losses, expenses and contributions for general average, all necessary and expediently incurred expenses for salvaging the cargo and for reducing the loss and establishing its amount, if the loss is compensated under the terms of insurance.

According to the Transport Insurance Rules, the liability under the insurance contract is valid in time according to the principle “from warehouse to warehouse” from the moment when the cargo is taken from the warehouse at the point of departure for transportation, continuing throughout the entire transportation (including reloading and transshipment, as well as storage at intermediate warehouses) until the cargo is delivered to the warehouse of the consignee, but no more than 60 days after the cargo is unloaded from the sea vessel at the final port.

The Rules specifically note cases that exempt insurers from indemnification:

• for negligence or malicious intent of the insured, the recipient and their representatives;
• for losses resulting from the natural properties of the cargo itself (internal damage, leakage, spontaneous combustion, etc.) or resulting from improper packaging;
• for losses resulting from the impact of a nuclear explosion, radiation or radioactive contamination and any kind of hostilities;
• for losses incurred as a result of a shortage of cargo with the integrity of the outer packaging, slowdown in the delivery of cargo, falling prices, etc.

In addition to the cargo itself, freight and insurance costs (CIF), the expected profit is accepted for insurance.

When transporting goods by sea, insurance should be offered to foreign buyers at their expense for war and strike risks in accordance with the reservations in force in the international insurance market.

The existence and content of an insurance contract can only be proved by written evidence. According to the rules, an insurance contract is concluded on the basis of a written application of the insured, which must contain certain - listed in the Rules - information about the cargo (genus, type of packaging, number of pieces, weight); about the mode of transport; on the method and time of dispatch, numbers of shipping documents; the insurance amount of the cargo and the conditions of insurance; the name of the ship on which the goods are shipped; about the date of the flight; about the port of shipment and the port of destination; all other information known to the insured about the circumstances that are essential for judging the degree of risk.

All this information is necessary for the insurer to determine the risk and the rate of insurance premiums established by the Tariff.

The rates of insurance premiums vary depending on the conditions of insurance and depend on the nature of the cargo, its physical and chemical properties, on the direction, seasonality of shipment, on the method of shipment (road, rail, sea or air, etc.). For sea shipments, it is taken into account whether the cargo is shipped in the hold or on deck.

It is very important that the terms and conditions of the insurance are as complete and as accurate as possible in the sales contract.

If the contract does not specify insurance terms, is incomplete or simply refers to "ordinary insurance terms", the buyer gets the opportunity to write broader terms in the letter of credit than the seller had in mind.

The insurance contract is considered concluded from the moment when the acceptance of insurance is confirmed in writing. At the request of the insured, the insurer is obliged to issue a signed document containing the terms of the concluded contract (policy, insurance certificate, etc.).

Insurance Policy- This is a document that is issued by the insurance company unilaterally and most often has only the signature of the insurer.

Insurance Treaty can be drawn up by developing one document signed by two parties, which sets out specific conditions agreed upon in the course of negotiations between the insured and the insurer, which differ from the standard Rules of the company. In this case, in confirmation of the conclusion of an insurance contract, on the basis of an application, a company policy is also issued containing data on a specific shipment, in which reference is made to the number and date of the concluded agreement.

The insurance contract can be confirmed by a one-time policy or a general policy.

One-time policy issued for goods under a separate foreign trade contract or under a separate transaction.

General policy- an agreement concluded between the parties for a certain period, according to which all the goods of the insured are insured in this insurance company for the entire period of validity of the insurance agreement. In international practice, there are general policies, the insurance coverage of which extends to all cargoes of the insured throughout the world, the so-called "Worldwide policies".

Shipments made during the course of a year or other long period for any cargo or cargoes, contract or contracts may be subject to open policies. As a rule, such policies are issued during the transportation of goods for the construction of turnkey facilities, when the nature of the goods, the route of transportation, the mode of transport and the method of sending goods, the beginning and end of the construction of the facility are known in advance.

Along with policies, there are other insurance documents in practice.

Insurance certificate (Certificate of Insurance)- a document issued to the insured confirming that the insurance contract has been concluded. The certificate is issued by an insurance broker and is not normally a document against which payments are made unless expressly stated in the contract of sale.

Cover note- issued by the broker to the insured and indicates that the insurance contract has been concluded on his behalf. This document specifies the insurer that accepted the risk, the conditions of insurance and the premium rate. Covernotes serve as a preliminary contract and lose their force if the contract is not properly executed at a certain time.

The insurance contract may be concluded by the insured in his own favor or in favor of another person, specified or not specified in the contract.

Obligations of the insured and cargo insurer.

The policyholder in his application for insurance is obliged to provide the insurer with information about the insured cargo, vehicle, the sum insured, the conditions of insurance and other circumstances known to him that are important for judging the risk. Depending on the specified circumstances, the amount of the insurance premium payable by the insured is also determined. The established premium must be paid to the insurer within the stipulated period, and until it is paid, the insurance contract does not enter into force, unless it provides otherwise.

Considering the obligation of the insured to inform the insurer about the occurred "significant" changes with the object or in relation to the object, it should be noted that the sanction for violation of this obligation is the right granted to the insurer to refuse to pay compensation. However, the exercise of this right will be thorough only when the offensive insured event was the result of that essential change, which the insured knew about, but did not inform the insurer, who did not know about the change. The insurer uses the right to revise the terms of the contract and demand payment of an additional premium when the change that has occurred increases the risk.

The moment for the beginning of the implementation of the right of the insured to receive insurance compensation is the occurrence of an insured event. To exercise this right, the insured must fulfill a number of obligations regulated by the Merchant Shipping Code (KTM) and the Rules for Cargo Transport Insurance.

The insured is required to:

• take all possible measures to prevent or reduce the loss;
• immediately notify the insurer of the occurrence of an insured event;
• follow the instructions of the insurer, if any, are given by the latter.

The rules of cargo transport insurance expand the obligations of the insured in the event of an event:

• not only the insured, but also his representative is obliged to take measures to save and preserve the damaged cargo;
• the policyholder or his representative is obliged to provide the insurer with the right of recourse to the guilty party.

For export cargo, claims are mainly made to buyers (foreign companies) who have all the necessary documents for this.

For imported goods, claims are made against foreign trade firms.

When making a claim, the policyholder must provide the insurer with a complete set of claim documents:

1) original insurance policy;

2) original bill of lading;
3) invoice;
4) documents confirming the existence of an insured event (accident certificate, act-notice, act of examination, etc.);
5) calculation of loss.

When claiming insurance indemnity, the policyholder is obliged to document:

• your interest in the insured property;
• the presence of an insured event;
• the amount of your claim for damages.

The main obligation of the insurer, corresponding to the fundamental right of the insured, is to pay insurance compensation upon the occurrence of an insured event. Only actual losses incurred by the insured are subject to compensation. However, the amount of compensation depends not only on the losses incurred, but also on other factors. As already noted, in the application for the conclusion of the contract, the policyholder is obliged to declare the amount in which he insures the relevant interest. If the sum insured specified in the contract exceeds the actual value of the insured interest - the insured value, the contract is invalid in that part of the sum insured that exceeds the insured value. Similar consequences occur when the same interest is insured by several insurers for amounts that ultimately exceed its insured value (double insurance). In this case, all insurers are liable only within the limits of the insured value, and each of them is liable in proportion to the sum insured under the insurance contract they have concluded. On the other hand, if the sum insured is declared lower than the actual value of the insured interest (under-value insurance or partial insurance), the insurer shall be liable for losses in proportion to the ratio of the sum insured to the insured value.

In practice, taxed policies are widely used, in which, along with the sum insured, an assessment of the insurance value (tax) is also fixed. Being included in the policy, even without verification by the insurer of the actual value of the insured cargo, such an assessment is assumed to be reliable. With a taxed policy, the burden of proof that the tax is actually lower than the insured value lies with the insurer.

The sum insured determines the limit of the insurer's liability. The insurer is obliged to pay the entire sum insured in the following cases:

• upon the actual death of the insured object;
• when the ship goes missing (i.e. if there is no information about it for a certain period, usually three months);
• when the policyholder declares a waiver of his rights to the insured property (abandon).

In this and other similar cases, for example, if it is economically inexpedient to restore a damaged cargo or vehicle, seize a ship or cargo, the insured has the right, by his unilateral expression of will, to clarify the relationship with the insurer by abandoning.

In addition, the insurer is obliged to reimburse the insured for the necessary expenses incurred by the latter in order to prevent or reduce losses subject to compensation by the insurer, as well as expenses incurred to fulfill and establish the amount of losses. The above expenses and premiums for general average are reimbursed by the insurer, regardless of the fact that they, together with compensation for losses, may exceed the sum insured.

When paying the full sum insured to the insured, all rights to the insured property are transferred to the insurer. In some cases, associated with a known excess of the costs of saving or restoring the insurance object, the insurer that paid the full sum insured has the right to refuse to acquire rights to the insured object.

Maritime transport insurance

General provisions.

Marine insurance is divided into two branches:

• insurance of ships against destruction;
• liability insurance of carriers (ship owners).

In the first case, the object of insurance is the property at the disposal of the carrier itself (own or leased). It is known as Hill & Machinery Insurance (H&M). AT Russian practice ship insurance to refer to this type of insurance, the expression "hull insurance" of the ship is most often used.

In the second case, the legal object of insurance is the responsibility of the shipowner, and in essence - the property owned by other persons, and these persons themselves. In organizational terms, these industries are quite isolated, although sometimes the boundary between them is unclear.

Currently, marine insurance is carried out in two organizational forms: in the form of mutual insurance and commercial form.

Mutual insurance Protection and Indemnity (P&I) is carried out by specially created for this purpose mutual insurance clubs and associations that exist in the major maritime powers of the world. The shipowners who are members of the club are insurers and insurers at the same time. The club acts as a center for the redistribution of losses among all its members in proportion to the probability of loss for each of them.

Commercial insurance consists in the fact that the insurer, for a certain fee, assumes the obligation to compensate the shipowner during the year for his accidental losses, if they occur. Having paid contributions to the insurer at a pre-fixed rate, the shipowner re-enters into a relationship with him only in the event of a right to compensation. Since there is no subsequent recalculation of premiums, for the operation of commercial insurance it is necessary that the total amount of premiums of all shipowners cover possible losses.

In practice, commercial and mutual insurance have a sufficient distinction: insurance companies carry out ship and collision liability insurance, and other types of liability in clubs. The basis for the division of activities between companies and clubs is the unwillingness or inability of companies to meet all the insurance needs of shipowners. To a greater extent, risks that commercial insurance avoided fell into the sphere of club insurance. It was on this basis that most of the existing clubs were born.

At present, the activity in these clubs goes beyond purely insurance operations. They provide shipowners with services on a wide range of issues related to the operation of vehicles and maritime transport. In particular, clubs have representatives or correspondents in the main ports of the world (there are more than 400 of them in large clubs). They are highly qualified and provide effective assistance to ship captains and legal agents. From the point of view of many shipowners, the most important service from the side of the clubs is the issuance of guarantees to avoid the arrest of the vessel or release it from arrest in connection with a claim against the vessel or the shipowner.

Currently, the largest insurance companies have established close cooperation with clubs in the form of reinsurance, so we can talk about a certain interweaving and interconnection of their interests.

In order to increase its financial stability, an insurance company must limit its possible payments on accepted obligations in accordance with its financial capabilities. Indeed, the insurance fund that goes to each insurance company cannot be compared with the amount of compensation for large losses. The accident of a large tanker can lead to the financial ruin of almost any insurance company, and a very heavy burden to impose on the members of the club. Therefore, such a mechanism as coinsurance and reinsurance was thought out and put into practice. Coinsurance is used only in the field of commercial insurance, while reinsurance is used by both companies and clubs.

Co-insurance consists in the fact that the same ship is insured not by one, but by several insurers, each of which is referred to in this case as a co-insurer and agrees to pay only a fixed part of the losses (1%, 50%, etc.). Similarly, the entire fleet of a shipping company can be insured. The total commitment of all insurers is 100%. Each company receives such a share total amount insurance premiums, which corresponds to its share in liabilities. It should be noted that co-insurers are not jointly and severally liable. Therefore, it is possible that after the loss of the vessel, one insurance company will pay its share of the loss, while others will not pay due to bankruptcy. Maintaining relationships with a large number of insurers for the shipowner is a complex matter, so coinsurance is usually carried out through brokerage firms.

Reinsurance is a more radical and universal means of achieving the financial stability of insurance operations. The essence of reinsurance is that the insurer that issued insurance coverage to the shipowner transfers part of the liability and the corresponding part of the insurance fund to another insurer, which in this case is already called the reinsurer. The main difference between this operation and co-insurance is that the reinsurer enters into contractual relations not with the shipowner, but with the original insurer.

The contracts governing the relationship between shipowners and insurers determine the amount of insurance coverage, i.e. a range of random events (risks) upon the occurrence of which the shipowner may have the right to compensation, and a list of losses caused by these events subject to compensation. When drawing up insurance contracts, in most cases, standard proformas made by typographical method are used.

The standard text of the contract for property insurance consists of two parts. The first part, the same for all contracts, regulates in detail the relationship between the parties, their rights and obligations, and contains a general list of insured risks. The second part introduces changes and clarifications to the first. There are several types of standard texts of the second part, which differ from each other in that they provide an unequal amount of insurance coverage, and by agreement between the shipowner and the insurer, one of the texts is included in the contract.

Historically, the conditions of insurance offered by English insurance companies actually prevail in the world practice of insurance, both in essence and even in form. Therefore, the conditions of insurance of English insurers given below should be considered as world practice.

Peculiarities of insurance in maritime transport

When insuring ships for a period, one of the following groups of conditions is usually applied:
1) full conditions of insurance;
2) conditions of insurance without liability for private accident;
3) terms and conditions of insurance without liability for damages;
4) conditions of insurance against total loss.

Full terms of insurance. Officially, these conditions are called "Institute term ship insurance clauses", unofficially - the conditions of insurance against all risks. In accordance with these conditions, the insurer indemnifies the shipowner for losses from physical or constructive loss or damage to the ship. The causes of such death may be a fire, an explosion on a ship, storms, earthquakes, grounding, collision with various objects, and any other dangers associated with navigation.

Insurance under these conditions also covers the loss and damage to the insured property as a result of a number of causes, which, as interpreted by English practice, are not maritime hazards. These include: accidents during cargo operations and bunkering, shaft breakage and explosion of boilers, hidden defects in the ship's hull or equipment, negligence of the crew or pilot, negligence committed during the repair of the ship (if the shipowner does not carry out repairs himself).

Conditions of insurance without liability for private accident. These conditions assume that the insurer bears its obligations to the same extent as under the full terms of insurance, but with the exception of liability for a private accident. An accident means damage and loss, as well as extraordinary expenses incurred by the vessel, cargo and freight in the course of sea transportation. Under the concept of an accident, maritime law does not mean the event of an accident itself, but the losses associated with it of the participants in the carriage. In accordance with the nature of these losses and the principles of their distribution among the participants in the carriage, they are divided into general average and particular average. General average is subject to distribution between the ship, freight and cargo, while partial average is borne by the one who suffered it or the one who is responsible for it.

General average are losses incurred as a result of intentionally and reasonably made extraordinary expenses or donations in order to save a ship, freight or cargo from a common danger. In so far as such expenses and donations have been made reasonably and have provided a useful effect, they should be distributed among the participants in the carriage in proportion to the value of the salvaged property belonging to them.

Thus, only such expenses and donations can be classified as general average, under which the following four conditions simultaneously occur:

1. General danger. If the danger, which was the direct cause of the losses incurred, threatened only the ship or only the cargo, such losses are not general average.

2. Intentionality. This sign of general average implies that the loss was incurred, intentionally, and not the result of accidental causes.
3. Intelligence. This means that the deliberate actions taken and the amount of donations were justified by the prevailing situation.
4. Extraordinary. Only those expenses and donations that exceed the usual expenses of the shipowner in the performance of his duties may be classified as general average.

If the damage is of the nature of general average, the insurer shall indemnify a part of the corresponding costs for the repair of the ship, but only to the extent that this concerns not the ship's hull itself, but machinery, boilers, refrigerators, cranes, winches and other equipment. Otherwise, the terms of insurance without liability for a private accident do not differ from the full terms, but in an economic sense, the difference between them is very large, since the bulk of losses in the navy are associated with private accidents.

Conditions of insurance without liability for damage. These conditions release the insurer from liability for all damages, including even those caused intentionally and reasonably for the purpose of salvation. The share of the shipowner in general average is subject to compensation, but less the cost of repairing the ship.

Total loss insurance terms. These are the narrowest terms of insurance. In accordance with them, the financial liability of the insurer to the shipowner arises only in the event of the death of the ship. Other conditions are excluded.

Along with the insurance conditions described above, the shipowner, if desired, can conclude "cost insurance" and "freight insurance".

Under insurance of expenses, the shipowner is paid a predetermined amount in the event of physical or constructive loss of the ship. It is believed that in this form he is reimbursed for the costs of preparing the ship for the voyage, but in fact the connection between insurance and these types of expenses is very arbitrary, since the amount is not even verified by the insurer. Essentially, this is additional insurance ship from destruction.

In accordance with the terms of freight insurance, in the event of an actual or constructive loss of the vessel, the shipowner is paid a predetermined amount, which is conditionally considered “lost freight”. In fact, as in the previous case, this is just additional insurance of the ship against loss, since the actual losses of the shipowner are not verified.

Carrier's liability insurance is an additional tool to insure ships against loss and damage. The essence of the liability insurance contract is that the shipowner is in no case compensated for such losses for which he could receive compensation if his ship were insured on full terms against loss and damage. It does not matter whether the ship was actually insured in this way or not.

The growth of insurance tariffs, which resulted in an increase in the price of the OSAGO policy, gave rise, as a response, to the refusal of some motorists to conclude a liability insurance contract.

According to unofficial statistics, today more than half of vehicle owners do not take out an OSAGO policy. At the same time, they objectively believe that they face only a fine, and then only if the traffic police officers reveal the fact of non-fulfillment of the insurance obligation civil liability, with an obviously small amount of money.

However, the failure of the owner of the vehicle to fulfill the obligation to insure his civil liability in case of an accident leads to more serious consequences.

What threatens an accident without insurance in 2017?

According to Part 2 of Art. 4 of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" dated April 25, 2002 No. 40-FZ, the driver is obliged to insure his civil liability. The commission of an accident by a driver who does not have an OSAGO policy threatens only with liability for failure to fulfill the obligation of the vehicle owner to insure his civil liability. The absence of insurance from a participant in an accident involves the imposition of an administrative fine on him in the amount of 800 rubles in accordance with Art. 12.13 Administrative Code of the Russian Federation.

The culprit of an accident without OSAGO insurance

The claim for compensation for damages from the perpetrator in the absence of an OSAGO policy is based on the general principles and principles of civil law. At the same time, the reasons why the perpetrator of the accident did not insure his civil liability - whether it was his desire to save money, the purchase of a car less than ten days before the accident, etc., do not matter when recovering the amount of damage. They cannot serve as a basis that relieves the perpetrator of an accident from liability, as well as act as a circumstance mitigating his guilt.

Important! The culprit of the accident, in the absence of an OSAGO policy, pays for the damage caused at his own expense.

The absence of an OSAGO policy at the culprit of an accident also affects the determination of the amount of damage. In particular, the depreciation of the vehicle is not taken into account here, the amount to be recovered consists of the total cost of the replaced spare parts and standard hours for restoration work at average market prices in force in the region of the accident.

Important! The culprit of an accident without insurance is obliged to compensate for the damage caused in full.

In general terms, the recovery of damages from the culprit of an accident who has not issued an OSAGO policy does not differ much in the sequence of actions from applying for compensation to an insurance company. The only difference is that most often in such cases, it is necessary to recover the damage caused in court. If the culprit does not have an OSAGO policy, the registration of a traffic accident is carried out by police officers. Therefore, before making a decision to call a traffic police inspector or draw up a European protocol, you should make sure that the culprit has a valid OSAGO policy, and if there is any doubt about its authenticity, check through the relevant PCA services presented on their official website. Since the mobile phone is always at hand, you can do this at any time.

Important! Appeal to the court is preceded by the proper registration of a traffic accident.

After registering a traffic accident and obtaining the necessary copies of documents, it is necessary to assess the amount of damage caused and the cost refurbishment. For these purposes, an examination is organized, the time and place of which the perpetrator of the incident is notified by telegram. Before going to court, it will not be superfluous to try to reach an agreement with the perpetrator of the accident on voluntary compensation for the damage caused. If it is possible to reach an agreement, a written agreement is drawn up, which reflects the causes of the debt, its amount and the procedure for its payment: either by a certain time, or within a specified period, with a breakdown by payment amounts, or without it.

If the perpetrator does not agree with the amount of damage or refuses to pay it voluntarily, there is only one way out - going to court. A statement of claim for the recovery of the amount of damage from the perpetrator of a traffic accident is filed with the court at the place of his residence. There are no exceptions in this case to the general rules of jurisdiction of the dispute. Depending on the amount of damage: whether it exceeds fifty thousand rubles or not, a claim can be filed with a justice of the peace or with a district court. From the culprit, the costs incurred to assess the damage, the amount of loss of the commodity value of the car, the costs of paying for the services of a representative are also subject to recovery.

Important! It is not necessary to file a claim for compensation for non-pecuniary damage when filing a claim. In this case, unlike disputes with the insurance company, non-pecuniary damage is not recoverable.

With the entry into legal force of the decision rendered by the court, it is subject to transfer for execution to the service bailiffs. For these purposes, a writ of execution is obtained in the office of the court, on the basis of which, at the request of the victim, the bailiff-executor must carry out enforcement proceedings and recover damages in the amount established by the court.

It is worth considering the fact that if the perpetrator of the accident had an OSAGO policy, but the victim did not, then the insurance company has the right, after paying insurance compensation to another participant in the accident, on the basis of clause 1 of Art. 965 of the Civil Code of the Russian Federation to recover from the culprit the paid funds in the order of subrogation.

Injured in an accident without OSAGO insurance

In the case of the absence of an OSAGO policy for the victim, things are somewhat simpler. Administrative fine he, of course, cannot be avoided, but with compensation for damage, judicial ordeals may not be. If the victim does not have an OSAGO policy, he is not deprived of the right to receive insurance compensation. But he will have to apply for it to the insurance company of the culprit. This state of affairs is due to the fact that OSAGO does not insure property, but the liability of its owner to third parties for causing harm as a result of using the vehicle.

Basically, the algorithm for contacting the insurance company of the culprit is similar to that when applying to your company in the order direct reimbursement damage.

The victim is required to provide a similar package of documents, the damage received is also assessed, and the payment of insurance compensation must be made within the twenty days allotted by law from the date of application. Moreover, the absence of an OSAGO policy from the victim does not affect its size. The absence of an OSAGO policy for a victim in a road traffic accident also cannot serve as a basis for refusing to pay insurance compensation to him. Such a refusal can be challenged in court with a fairly high prospect of a decision in favor of the plaintiff.

Important! If the victim in an accident does not have an OSAGO policy, he has the right to apply for the payment of insurance compensation to the company of the culprit.

What to do if you get into an accident without insurance?

In case you got into an accident without insurance, there are no special recommendations. The procedure for its registration is no different from the procedure for registration of an accident if its participants have insurance. As noted above, in this case, the registration of an accident occurs exclusively by the traffic police, the possibility of its registration according to the "European protocol" is excluded. Each of the participants in such an accident, regardless of their role (status): perpetrator or victim, when registering an accident, should make sure that the procedural documents contain the contact details of the participants (passport, address, phone number). It is on the basis of this information that the court is determined, to which claims for the recovery of damages will be addressed in the future.

Important! Registration of an accident according to the European protocol is allowed only if both drivers have insured civil liability in accordance with applicable law.

The driver's actions in the event of an accident must be observed in any case:

• call the traffic police to the scene of an accident;
• in no case, before the arrival of the traffic police, do not move the vehicle and do not leave the scene of the accident;
• if possible, fix the place of the accident on a photo or video filming;
• find witnesses to the accident and ask them to provide you with phone numbers and addresses;
• after the traffic police officers have taken appropriate actions, vehicles should be removed from the accident site so that they do not create obstacles for other drivers.

Traffic police officers must carry out the following actions without fail:

• drawing up a map of the scene of an accident;
• inspection of vehicles and determination of damages;
• determination of the culprit of the accident;
• interviewing witnesses (if any) or watching a video recording of the incident;
• protocol formatting.

After the inspector has performed the above actions, he is obliged to issue a copy of the drawn up protocol to all participants in the accident. This document serves as an evidence base in determining the guilt in court of one of the drivers.

How to recover a penalty from an individual in case of an accident without insurance

In accordance with part 1 of article 1064 of the Civil Code of the Russian Federation, if damage was caused to the property of a citizen, then the person who caused this damage is obliged to compensate it in full. The Civil Code of the Russian Federation classifies the use of a car as an activity that creates an increased danger to others (Article 1079 of the Civil Code of the Russian Federation). The owner of the vehicle is obliged to compensate for the damage caused, unless he proves the existence of circumstances excluding his liability. Given the fact that the person who caused the accident does not have a policy compulsory insurance civil liability, the victim has the right to recover the harm caused to him only in the order of judicial proceedings.

To do this, he needs to present claims at the place of residence of the defendant in a court of general jurisdiction. It should be borne in mind that if the price of the claim is determined to be less than 50 thousand rubles, statement of claim sent to the justice of the peace, otherwise this civil case is considered by the district court in accordance with Article 23, Article 24 of the Code of Civil Procedure of the Russian Federation. The general basis for recovering damages from the owner is the presence of guilt. When distributing responsibility, judicial practice proceeds from the principle of guilt, first of all, the driver who was driving the car at the time of the accident.

When satisfying the applicant's requirements, the court takes into account all the circumstances of the case and obliges the person who caused the harm to compensate for the damage in kind (for example, pay for car repairs) or compensate for the losses caused in accordance with Art. 1082 of the Civil Code of the Russian Federation.

Important! The court does not set a deadline for compensation for property damage.

According to paragraph 12 of Art. 30 of the Federal Law of 02.10.2007 No. 229-FZ “On Enforcement Proceedings”, after the perpetrator of the accident receives a decision to initiate enforcement proceedings, issued on the basis of a court decision, a bailiff sets a five-day period when he can voluntarily fulfill his obligation.

If the decision was not challenged and within the specified period the perpetrator of the accident did not fulfill his obligations, the bailiff begins the procedure for searching Money, property and other income of the debtor, which may be levied. The writ of execution will be sent to the official place of work of the perpetrator of the accident and, in accordance with Art. 138 of the Labor Code of the Russian Federation with wages the latter can be withheld up to 50% until the obligation is fulfilled. The bailiff may seize the property or other income of the debtor. It is also possible to list his belongings (household appliances, expensive furniture, etc.) at the place of residence or registration, which will be confiscated and sold at auction. The proceeds will be used to pay off the debt.

If you find yourself in a similar situation, you should immediately seek the help of a lawyer. When contacting a specialist, he will be able, after analyzing your documents, to determine the further development of the situation that is most successful for you. Our auto lawyers are ready to offer their assistance, please contact us using the feedback form or by calling the phone numbers listed on our website.

ATTENTION! Due to recent changes in legislation, the information in the article could be outdated! Our lawyer will advise you free of charge.

The product is intended for road carriers that have their own, leased or leased rolling stock and carry out commercial delivery of goods to any distance in Russia or abroad.

There are quite a few approaches to determining the civil liability of an automobile carrier of goods and, accordingly, its insurance. As a result, there are currently various offers of insurers on the market, often radically differing in the set of insurance risks and services, insurance coverage, so the cost of insurance can not be the same.

Rosgosstrakh summed up the available international experience, took into account the peculiarities of Russian legislation and judicial practice, combined them with the applicable standards for the provision of transport services. The result of this work was a product line called "Trucker" and "Gruzovich'OK". Now the civil liability of the automobile carrier of goods will be protected with maximum consideration of the specifics of its activities.

Full set of risks
(according to the applicable Insurance Rules)

• Responsibility for the cargo due to (but not limited to): accident, fire, explosion, loading and unloading operations, displacement, theft (theft, robbery, robbery, fraudulent activities);
• Responsibility for causing harm to the environment (relevant for the transportation of hazardous substances);
• Liability for financial losses (for example, due to delay in delivery of goods);
• Liability to third parties (for damage caused by the cargo);
• Responsibility for the transported container;
• Responsibility to customs authorities (“customs risks”) for international carriers;
• Expenses for salvage, determination of the amount of damage, court and legal costs;
• Additional costs for the destruction of damaged cargo and the rescue of the vehicle.

Only real benefits

• You can choose an individual insurance program for your company (territory of insurance, set of risks, sums insured, franchises, number of vehicles).
• We will provide preferential corporate rates (if you are already insured with Rosgosstrakh or plan to take out comprehensive insurance).
• The procedure for concluding a contract will take a minimum of time (the contract is drawn up within 1 working day for all vehicles transporting goods).
• You receive not only insurance protection, but also service support provided by a specialized department throughout Russia, regardless of where the insurance contract was concluded (the possibility of submitting claim documents to the nearest Rosgosstrakh office). The minimum term for consideration and payment of losses (20 days).
• Possibility to pay the insurance premium in installments.

Each carrier will find the right option

Line "Gruzovich'OK". Liability insurance for carriers using light commercial vehicles. It includes "boxed" offers with an insurance premium of 9 rubles per day for 1 truck and payment by installments.

Line "Trucker". For road carriers using vehicles of greater carrying capacity (as a rule, main road trains).

Line "Trucker Eco". Designed for carriers of dangerous goods. Provides insurance for risks of liability for the cargo, to third parties and for causing harm to the environment.

Variant "Trucker Tender". For carriers participating in tenders. Differs in the minimum starting price.

You simply select the desired option, a set of risks, insurance amounts and indicate them in the application along with other parameters:

1. "Trucker Standard"

Major risks included!

2. Trucker CMR Plus

Extended option for a set of risks and the amount of insurance coverage. International carriers may include "customs risks" in the contract.

3. Trucker Premium

For those who want to receive maximum protection (the most complete set of risks according to the applicable Insurance Rules*).

4. Insurance premium for options "Trucker"

The insurance premium rate is determined per 1 road train (truck) on the basis of a completed application. Conditions for payment of the insurance premium - up to 12 installments.

Undecided what to choose, want to get additional information or do you need a contract urgently? Get an additional 5% discount by contacting us using the details below.

Carrier liability insurance is one of the key issues in managing risks in the import procurement process.

The team found that a significant proportion of importers are unaware that almost all shipments from Europe are insured under the CMR insurance. We tell the details.

What is CMR insurance?

Relations between participants in the process of transportation of international trade goods by car, are enshrined in - (from the French "Convention relative au contrat de transport international de marchandises par route") - the European Convention on the Contract for the International Carriage of Goods by Road (CMR). The Convention states that the carrier is obliged to compensate for any losses that will be associated with the partial or absolute loss of the goods transported, arising through his fault.

In order to protect the carrier performing international transport, a voluntary insurance civil liability, in the professional jargon of carriers - "CMR-insurance". When issuing CMR insurance, in case of loss or damage to cargo through no fault of its own, the carrier transfers responsibility to the person who is guilty of this.

And in the event that the damage was caused to the cargo through the fault of the carrier, the damage is covered by the insurance company (within the limits of the CMR). This is similar to the scheme of operation of the Russian OSAGO insurance policy. Accordingly, CMR insurance has a liability limit above which insurance compensation not paid.

An example of calculating the liability limit of a CMR policy

In the CMR, the amount of the insurance premium is calculated based on the value of the cargo, but cannot exceed 8.33 units of SDR (Special Drawing Rights) per kilogram. Namely - 8.33 SDR / kg or 920 SDR for one missing piece of cargo.

1) Suppose your cargo weight (gross) according to CMR = 800.00 kg;
2) We look at the cost of an SDR unit on the official website of the International Monetary Fund;
3) We take the cost in rubles of one unit of SDR on the day of registration of transport documents = 92.584900 R / SDR (for example, the rate for 05/31/2016 is taken);
4) The maximum limit of the carrier's liability for a cargo weighing 800 kg = 800 kg * 8.33 SDR * 92.584900 R / SDR = 616,985.77 R.

If the value of your cargo exceeds the limit calculated under the CMR policy, we recommend using additional insurance.

Payments under the CMR policy

Under CMR insurance, you, as a cargo owner, can receive compensation when the carrier’s fault is proven in the following cases:

• in case of damage or complete loss of cargo;
• in case of damage caused to the cargo by itself during transportation or by the car on which the cargo is transported;
• when issuing cargo to an unauthorized person;
• in case of delay in the delivery of goods;
• at the risks associated with customs.

CMR insurance WILL NOT be paid to you if the cargo was damaged due to factors that the carrier could not influence in any way - for example, robbery.

Carriers themselves are skeptical about this type of insurance, since in order to pay compensation, many conditions must be met. Most carriers issue these policies as a minimum liability protection.

CMR policies cost the carrier (and therefore the customer) significantly less than full cargo insurance. On average, an ordinary European carrier spends about 2,000 euros per year on CMR insurance, and this amount is smoothly distributed among its orders.

Features of CMR insurance

CMR insurance has some important features that you should pay attention to:

• payment of insurance occurs only after the carrier's fault is confirmed (on average, this takes about six months);
• the CMR policy has a liability limit (see the example of limit calculation above), if it is exceeded, compensation is not provided;
• the cost of the goods in the CMR document and the CMR insurance policy must strictly correspond to each other, however, many shippers in Europe forget to indicate the value of the goods in the waybills, so you should follow the price matching, unless you have, of course, taken out full insurance.

Additional insurance

As you can see, CMR insurance has a number of significant drawbacks, which is why

Carrier liability insurance: many risks, worldwide delivery of the policy. Liability can be insured for both one and several transportations (general policy).

Provides financial security and insurance protection for legal entities and individual entrepreneurs who carry out the transportation of goods by road through the territory of the Republic of Belarus and other countries.

What does CMR insurance provide?

Insurance of this type performs two functions at once, which are useful to both parties: both the carrier and the cargo owner. So, the first function is a “signal” for the cargo owner that he is turning to a competent company that has everything necessary to ensure high-quality and safe transportation. The second function is to protect the interests of the carrier, which is responsible for the quality performance of its obligations to its client.

What is the object of CMR insurance?

The voluntary insurance contract is concluded between the carrier and the insurance company. The object of insurance is the responsibility assumed by the carrier in the process of carrying out cargo transportation. Cargo insurance - is separate view insurance, voluntary carrier liability insurance covers the following risks and liability:

• For loss, damage, damage to all or part of the cargo;
• Before third parties who are not parties to the insurance contract, in case of causing property damage;
• In case of violation or non-fulfillment of customs procedures;
• For incorrect execution of transport documentation and violation of the instructions of the cargo owner;
• For violation of delivery dates and losses incurred by the cargo owner as a result of this.

What is not covered by carrier liability insurance?

CMR-insurance does not cover those cases when the negligence of the carrier itself has led to damage to property or non-performance of obligations. So, the cases that are not covered by insurance include:

• Violation of cargo storage conditions, as a result of which damage to the cargo owner's property was allowed;
• Careless attitude of the carrier to the cargo, for example, improper loading;
• Commissioning of vehicles with serious technical malfunctions that may affect the quality of transportation;
• Sending goods in a damaged condition;
• Poor quality packaging.

You can learn more about the list of insured and non-insured events in the documentation provided on the right.

Insurance options offered by our company

We offer 3 carrier liability insurance options:

• "Declaration for a certain period"(general policy)

It applies to all transportations performed during the period established by the insurance contract. In this case, the policyholder must provide a report on each transportation carried out during the reporting period;

• "Insurance for each shipment"

The insurance contract is concluded for each carriage and applies only to it;

• "Fixed insurance for each vehicle"

In this case, the insurance is valid for all transportation performed on the insured vehicle. Under this type of contract, the insured pays a fixed insurance premium for each car on which transportation is performed, he is not obliged to provide information about the transportation performed during the reporting period.

Cases of compulsory carrier liability insurance

Only insurance for the transport of dangerous goods is mandatory. In this case, the object of insurance is the property interests of the insured that do not contradict the law and are associated with the following risks:

• Causing harm to the health and property of individuals;
• Causing harm to the health of the employees of the insured, in the performance of their labor duties;
• Causing damage to the property of legal entities, which is allowed in the process of cargo transportation.

Remember that insurance applies only to those cases when all of the listed cases were admitted due to circumstances beyond the control of the insured, otherwise, these cases will be recognized as not insured.