According to the Law of the Russian Federation No. 40-FZ "On Compulsory Insurance of Civil Liability of Vehicle Owners" dated 1.07.2003, all citizens in whose possession vehicles are required must take out civil liability insurance. Civil liability insurance (OSAGO) is issued by signing an insurance contract (in accordance with the proposed version of a standard document by the authorities of the Russian Federation), that is, the insurance conditions are the same for all persons, both individuals and legal entities. Moreover, it is allowed to carry out the insurance procedure only with those insurance organizations that have a license for this procedure. This condition is mandatory, it is forbidden to use a vehicle without an insurance document - there is a fine for this. An article on the site will help you understand the features of civil liability insurance - OSAGO.

Insurance objects

If we paraphrase the formulation of the concept of an object of compulsory insurance, which is difficult for perception, we will get approximately the following explanation. On the territory of the Russian Federation, in the event of an accident involving a vehicle, harm to the health or life of citizens, as well as damage to their property, can be caused. Therefore, drivers of cars and other vehicles run the risk of causing harm, with the subsequent payment of monetary compensation to the victims. That is, they have personal property interests, which are the object of motor third party liability insurance (OSAGO).

All citizens who have vehicles in their possession are obliged to be responsible for all points of the law and to buy insurance for their personal funds aimed at insuring their civil liability, which may suddenly occur when using a vehicle. But, there are still some exceptions to the general rules in the law. The insurance process consists in the fact that the driver enters into a contract with the insurance company. And that, in turn, must provide the driver with an insurance policy and a special sign of a certain sample.

Therefore, upon request of a document that confirms the fact of insurance, the driver must show an insurance policy. The insurance document and the state sign must be placed on the vehicle. The sample of documents must comply with the established form of the government of the Russian Federation.

The insurer itself must:

• To be a member of the trade union of insurers.
• Experience in the provision of insurance services for at least 2 years.
• Availability of a state license.

Insurance rates

For all citizens of the Russian Federation, there are uniform sizes (marginal) tariff rates, as well as their gradation and procedure for application. Insurers must use an insurance premium in the range of 80%, which is taken as a base when calculating insurance rates for compensation payments. The amount of tariffs depends on the configuration and modification of the vehicle. Rates coefficients are based on the history of previous insurance periods, the location of the vehicle and other conditions.

In the event of an accident, the insurance company must inspect and assess the damage to the property within 5 days (taking into account the day of the insurance client's request). In the event of the death of one of the victims, the insurer undertakes to pay the person who is entitled to compensation for the death of the victim - 135 thousand rubles, and to the persons who incurred the costs of funeral services - 25 thousand rubles. The amount declared by the victim, the insurance company for OSAGO, as compulsory motor third party liability insurance, must pay within 30 days or provide a document that indicates the reason for the refusal.

Insurance rules and features

The client of the insurance company can receive payments for emergencies without any restrictions during the period of validity of the insurance policy. The amount of the insurance premium will not be reduced in any way by the amount of payments already made in this period. The insurance option can be with a certain number of vehicle drivers or without restrictions. The maximum term of the policy is 1 year. In the rules of compulsory insurance, cases where an emergency situation has arisen as a result of a nuclear explosion, radiation, hostilities, popular strikes, etc. are not subject to compensation.

Since 2009, there have been some changes in the appeal to the insurance company after an accident. After an accident, the injured party to the accident may apply for compensation not to the insurance company of the person responsible for the accident, but to the insurance company, of which he is a client. And also a simplified registration of an accident is possible without the participation of traffic police officers, but without differences of opinion on both sides of the accident.

You need to insure a purchased, acquired, donated, etc. vehicle before registering a car or up to 5 days after the official start of ownership of the vehicle.

Traffic accident

If an emergency occurs, the person responsible for the accident must inform all participants in the accident about the basic rules and conditions of his insurance policy. Further, the insurance company must conduct an examination and assess the damage caused. Then, within 15 days, the insurance company must consider the application of the injured party.

What is the object of insurance under the OSAGO agreement and what are the essential conditions under the OSAGO agreement?

The increase in traffic intensity, accompanied by a quantitative increase in road traffic accidents, objectively requires the organization of civil liability insurance for vehicle owners. A power-driven vehicle - a car, motorcycle, moped - is a source of increased danger that can cause property damage to road users (drivers and pedestrians).

OSAGO - compulsory motor third party liability insurance. The object of compulsory insurance is property interests associated with the risk of civil liability of the owner of the vehicle for obligations arising from harm to the life, health or property of the victims when using the vehicle on the territory of the Russian Federation.

Legal regulation of car owner liability insurance is carried out on the territory of the Russian Federation in accordance with:

• - with the Civil Code (Chapter 48 "Insurance");
• - with Federal Law N 40-FZ (hereinafter referred to as the Law on MTPL);
• - with the Rules of compulsory civil liability insurance of vehicle owners (hereinafter referred to as the Rules).

The essential terms of an agreement of this type are information (Article 942 of the Civil Code of the Russian Federation):

• - about the object of insurance;
• - about the nature of the event (insured event), at the time of the occurrence of which the insurance is carried out;
• - about the amount of the sum insured;
• - about the term of the agreement.

The object of compulsory insurance in Art. 6 of the Law on MTPL and clause 5 of the Rules name property interests associated with the risk of civil liability of the car owner for obligations arising from harm to the life, health or property of the victims when using the vehicle.

An insured event is the onset of civil liability of the car owner, respectively, for causing harm to the life, health or property of the victims when using the vehicle (Article 6 of the Law on MTPL, clause 7 of the Rules).

With regard to the sum insured, we can say that its size is regulated at the legislative level (Art. 7 of the Law on Compulsory MTPL, clause 10 of the Rules). It is ranked depending on the nature of the harm caused (life and health, property) and the number of victims from 120 to 160 thousand rubles. Another feature of compulsory motor third party liability insurance is that the insurance rates that form the basis for calculating the insurance premium are also regulated by the state (Article 8 of the Law on MTPL). The maximum levels of insurance rates for compulsory motor third party liability insurance, their structure and procedure for application are fixed in the Decree of the Government of the Russian Federation of 08.12.2005 N 739.

The validity period of the OSAGO agreement (as its essential condition) is also clearly defined in the Law on OSAGO (Article 10) and is one year. Only owners of vehicles with limited use can insure their liability under an annual contract, but for a shorter period. For legal entities, this is the seasonal use of vehicles for six or more months in a calendar year (Article 16 of the Law on Compulsory Motor Third Party Liability Insurance). The conclusion of such an agreement implies a small savings on the insurance premium, since its size in this case is determined using special coefficients.

An important point in the OSAGO agreement is the indication of a specific insurance object. Indeed, without a clear indication of what exactly is insured, the contract will be considered non-concluded, and the mutual obligations of the parties, respectively, non-existent.

The object of the compulsory insurance contract is property interests (Art. 6 of the Law on Compulsory MTPL and clause 5 of the Rules) that are associated with the risk of civil liability of the insured (i.e. the owner of the vehicle). They can arise as a result of harm to the life, health or property of the victims in the process of using the vehicle on the territory of the Russian Federation. If the damage occurred in other circumstances, the tortfeasor can compensate it voluntarily or in execution of a court decision, in accordance with the norms of the current civil law.

The concept of property interest also needs clarification. It is associated with the legal term "real damage" - this is the loss or damage to property, as well as the costs necessary to neutralize the consequences of loss or damage. Among other things, the real damage includes the loss of the commodity value (TCV) of the vehicle - it is reimbursed by an insurance organization that has entered into an OSAGO agreement with the originator.

Compulsory liability insurance of car owners is carried out by concluding an appropriate agreement (Article 936 of the Civil Code of the Russian Federation). According to it, the insurer undertakes, for a fee (insurance premium) stipulated in the contract, upon the occurrence of an event (insured event) provided for in the contract, to compensate the victims for the harm caused to their life, health or property as a result of this event (to make an insurance payment) within the insured amount specified in the contract.

Under the OSAGO agreement, the property interests of not only the owner of the car are insured, but also of any driver of this vehicle specified by the insured when concluding or during the term of the OSAGO agreement.

It is possible to conclude an OSAGO agreement on the terms of unlimited use of the vehicle, when you do not indicate the list of persons allowed to drive, i.e. the list is "without restrictions", and you enter into a compulsory insurance contract with a period of use of the car - 1 year.

According to the current legislation on OSAGO, the car owner has the right to conclude an annual insurance contract with the condition of limited use of the car, i.e. indicate specific drivers who are allowed to drive a car, as well as indicate the actual period of use of the car during the year of the policy.

Introduction

Compulsory civil liability insurance of vehicle owners (OSAGO) (an acronym for compulsory motor third party liability insurance) is a type of liability insurance that appeared in Russia since July 1, 2003 with the entry into force of Federal Law No. 40-FZ of April 25, 2002 " On compulsory insurance of civil liability of vehicle owners ”. Compulsory motor third party liability insurance was introduced as a social measure aimed at creating certain financial guarantees in relations regarding compensation between participants in car accidents. The idea of ​​this type of insurance is not new: it operates in many countries of the world - for example, the "green card" in Europe and a number of other countries. The peculiarities of "car insurance" in Russia are its binding to the car (as opposed to the driver), the state establishment of insurance rules and the state regulation of tariffs.

Objects and subjects of OSAGO

The object of OSAGO is property interests associated with the risk of civil liability of the owner of a vehicle for obligations arising from harm to the life, health or property of the victims when using the vehicle on the territory of the Russian Federation. The insurance risk for OSAGO includes the onset of civil liability in an accident.

Subjects of OSAGO:

Insurers are insurance organizations that have an appropriate license, representatives (payment agents) in all constituent entities of the Federation, who are members of the professional association of insurers. As of May 2008, there are 173 such insurers in Russia, all of them are insurance companies.

Insured - individuals and legal entities who own, manage or operate the vehicles subject to insurance. Since control over the availability of an insurance policy and its validity is provided for at many stages of the use of vehicles, the coverage of the insurance field here approaches 100%. Exceptions can be made by persons who did not have time to renegotiate the insurance contract and violators who forge insurance policies.

Beneficiaries are third parties who have suffered damage in a car accident.

Insurance intermediaries are agents and brokers.

The professional association of insurers is the Russian Union of Motor Insurers (RSA), which accumulates funds for reserves of guarantees and current compensation payments and makes compensation payments.

State regulation of OSAGO is carried out by the Government of Russia and the Ministry of Finance of the Russian Federation, supervisory and control functions - by the FSIS. RSA acts as a self-regulatory organization of OSAGO insurers. The function of the PCA to protect the rights of policyholders is also declared, the implementation of which is often criticized.

MTPL insurance (stands for compulsory civil liability insurance of car owners) serves as a kind of protection of the driver from unnecessary expenses for the payment of compensation for damage to victims after an accident that occurred through his fault.

This type of insurance is compulsory for all car owners, and you can conclude it in any insurance company of the nearest region that is preferable for you, it is prohibited to travel by a vehicle without a motor third party liability insurance policy.

OSAGO - what is it and what is it intended for?

This type of insurance is compulsory for all drivers, while the absence of an insurance policy or its incorrect filling, an expired document, etc. will be a reason for imposing and even legal proceedings.

OSAGO provides for coverage of insurance payments as a result of a traffic accident that occurred through the fault of the policyholder.

Those. such a service will allow you to save a lot, because if you are to blame for the accident, the insurance will cover the necessary expenses for the payment of compensation to the injured person, of course, if the amount of compensation is less than the maximum allowable insurance payment.

It will not be possible to receive a payment for OSAGO if:

• the policyholder has caused damage to another object or item as a result of an accident involving a car that is not specified in the concluded insurance contract;
• the victim claims compensation for moral damage;
• harm occurs during exercises, sports, tournaments in specially designated places;
• you are accused of environmental pollution;
• the policyholder caused damage to the vehicle that he drove himself; the transported cargo, property, etc; belongs to the same category;
• damage to architectural monuments, old buildings, antiques, cultural heritage, securities, money, jewelry and intellectual property was caused;
• harm was caused during loading and unloading operations;
• it turns out that the risk situation was planned by the policyholder;
• the reason for the occurrence of the insured event is a natural disaster or other force majeure circumstances.

Official changes to the Federal Law

Amendments to the official rules of OSAGO made it possible to make the process of making insurance payments more convenient for both parties and to save a lot of time and nerves of the disputants.

The price of insurance varies from four main indicators:

• car type- different calculation coefficients apply for freight and light transport;
• territorial designation- depending on the place of registration of the car, a certain tariff is selected, established by law for a given region;
• customer experience- this indicator takes into account the age and actual driving experience of the insured's car, the younger the client and the less experience he has behind the wheel, the more expensive the insurance will be.
• - the MSC indicator depends on whether you have had any insured events in the past.

Sometimes it is more profitable to take out insurance without restriction, because even if you choose an experienced older driver as the insured, you will not win a discount on MTPL if a young inexperienced driver is on the list of persons allowed to drive.

The car is damaged, and the insurance company assures that compensation is not due? A common situation, but this should not be believed. After all, an insured event under OSAGO is not only a banal accident, but sometimes also confusing situations that insurers always strive to interpret from their bell tower. Do you want to be able to independently understand this issue? The legal clause below is waiting for you. The topic is complex, but I tried to explain it simply.

The definition of an insured event (CC) is one of the main concepts. However, in the legislative regulations, surprisingly, little attention is paid to it.

Here is a list of documents that indicate what CC is:

• FZ number 40"On compulsory insurance of civil liability of vehicle owners" (dated April 25, 2002, revised on June 23, 2016) (as amended and supplemented, entered into force on September 1, 2016), Art. 1, paragraph 11;
• FZ№ 306 "On amendments to Federal Law No. 40" (dated 01.12.2007, revised on 21.07.2014), art. 1, item "b";
• Resolution of the Government of the Russian Federation No. 263“On the rules of OSAGO” (dated May 7, 2003), section two;
• Regulation of the Central Bank of the Russian Federation No. 431-P"On OSAGO" (dated September 19, 2014).

However, all these documents describe the insured event sparingly and not enough for a complete understanding of the subject not only by ordinary motorists, but even by insurers, auto lawyers and judicial authorities.

For example, in Law No. 40, namely this normative act is responsible for the terminology and definitions associated with OSAGO, one small paragraph of 35 words is given to clarify the essence of the SS (Article 1, paragraph 11).

In the Federal Law No. 306, a whole section (second) is allocated for the SS, but in it the bulk of the text is occupied by the definition of insurance exceptions, and there is nothing about the concept of SS that could supplement the provision from the Federal Law No. 40.

What is an insured event under OSAGO?

Well, since we can learn little from the laws, let's try to figure out the concept of SS on our own.

So, for the basic definition of an insured event, two main criteria are used, reflecting the essence of both CC and car insurance in general.

• Insurance object is the civil liability of the guilty person for the damage caused;
• Insurance subject is the movement of a vehicle (TS) on certain roads and territories.

Based on this, the insured event is the fact of damage to the vehicle, other property, and (or) the victim (s) as a result of the movement of the culprit's vehicle along the roads (or territories) provided for this.

That is, to recognize a case as insurance, a combination of the following factors is needed:

• Insurance fact civil liability (there is a valid OSAGO policy);
• The fact of movement Vehicle during the accident;
• The fact of damage in case of an accident.

Based on all of the above, it becomes clear that not every accident related to the use of vehicles can be recognized as an insured event.

Attention! Remember that OSAGO insures your car liability to the injured. To insure the car itself, CASCO is applied.

What are the difficulties in determining the insured event

We figured out the basic concept, but this does not mean that we have a complete understanding of the essence of the insured event. At first glance, it may seem that since the concept of SS is basic, then its legislative interpretation should be as clear and unambiguous as possible.

In fact, the situation here is different.

Often, for a specific accident with a car, its interpretation as an insured event can be problematic. Both insurance companies and the policyholder's lawyers, if no agreement is reached between the parties, can seek recognition or challenge of the fact of the CC.

Moreover, there is still no comprehensive clarity here, because of which decisions on controversial incidents have to be made by the courts, whose decisions, like the opinions of lawyers, are far from full consensus.

Let's try to figure out what we can do on our own.

Why is the legislative definition of an insured event not exhaustive?

If we compare the generally accepted practice of OSAGO and what is written in the essence of the insured event in the relevant laws, an obvious understatement and even a contradiction will strike the eye.

Look: all UK will recognize the fact of the SS offensive if a moving vehicle has caused damage. That is, if the car at fault was not in motion at the time of the damage, then the SS does not occur - and this is a common insurance practice.

What does the law say? According to the definition of Federal Law No. 40 SS (there it is called civil liability) occurs after an accident that caused harm (health / life) or damage (property) for the victims when using a vehicle.

Do you catch the essence of the contradiction? The wording “use of a vehicle” can mean a wider range of accidents than with the qualification “with a moving vehicle”. And as a consequence of this incident, in some courts the SS offensive is interpreted more broadly and decisions are made, on which the UK then appeals.

What opinion can the courts have about insured events?

Yes, most courts operating in an ordinary bureaucratic regime make their decisions without deviating much from the traditional interpretation of the SS. However, there are courts where lawyers read and delve into the essence of the existing legislation and their decisions cause a big headache for the UK.

Example? You are welcome.

Take the classic case of damage caused by opening a car door: two cars are parked close to each other in a parking lot. In one of them, the door opens abruptly, as a result of which the body of the neighboring car is damaged. The UK flatly refuses to recognize this SS, but there are many motorists who have achieved this recognition in court.

Based on the incident with the movement / use of a car I mentioned above, some lawyers and judges reasonably attribute the set in motion to a kind of vehicle movement process and its use. After all, a car door is an integral part of the vehicle and setting it in motion means that it was produced by the whole machine, since it is a mechanism of a complex design.

Some courts act more simply, considering claims of contentious cases on compulsory motor third party liability insurance with damage in an accident, without using legal casuistry. The decision is made on the basis of the fact that a traffic accident certificate is issued by a traffic police inspector: there is such a document, the SS is confirmed - no, then no.

How does regression and subrogation affect the insured event?

There are such concepts in the insurance business as recourse (reverse claim) and. I will tell you more about them in a separate article, and here I will touch on their influence on the SS.

The fact is that the payment of compensation to the injured party does not directly depend on the fact of the SS occurrence. Rather, from his recognition of the UK as such. Indeed, in the rules of OSAGO there are such norms according to which, with the SS, the right to compensation at the expense of the insurer is lost or does not occur at all (for example, a notification of an accident was not submitted, the deadline for filing was missed, an incorrectly completed form, etc.).

Then payments are still made, but the final material respondent becomes the culprit of the accident, from which the IC, through the mechanisms of recourse or subrogation, collect the amount paid to the injured party.

That is, for injured persons, requests for compensation can be satisfied when the IC has refused material liability for the culprit or canceled it. Even the complete absence of an insurance policy from the guilty party is not a reason to refuse payments if the CC is recognized by the company - the main thing is that the other party has OSAGO.

When do insurers not recognize insured events?

The second section of the "OSAGO Rules" (clauses 8 and 9, which includes many subparagraphs) lists the types of damage that are not recognized as insured events. Let's see what belongs there.

Provisions of clause 8 of the "OSAGO Rules"

According to clause 8, in certain situations, the IC is denied compensation for the damage caused, even if it has all the private signs of an insured event.

That is, this paragraph provides for the legal refusal of insurance compensation, regardless of the presence of the fact of SS, moments of recourse, subrogation, etc. - they simply refuse and that's it.

All of these situations (with the exception of one provision) are of an emergency nature. Here is a list of them:

• Force majeure circumstances- these are mainly natural disasters, but this may also include some types of accidents (subparagraph (subparagraphs) "a");
• Radiation hazard- this includes not only radioactive contamination, but also all damage from possible concomitant causes: damage to the electrical system of a car by an electromagnetic pulse, ignition from primary radiation, mechanical damage from the action of a blast wave. In general, all damage to the car and people during a nuclear attack or a radioactive accident is not paid for by the IC (clauses "b");
• War- for any type of conflict classified as military (domestic or civil war), damage to cars and people of the UK is not paid (clauses "c", "d");
• Popular unrest- this includes all conflicts that are not classified as military: counter-terrorist operations, uprisings, revolutions, strikes, strikes, etc. In these cases, the IC does not compensate for harm to people and vehicles (clauses "d");
• Willful or responsible harm- damage is not paid for the intention of the victim and the one who is the culprit of the damage (clauses "a" and clause 8.1).

The provisions of clause 9 of the "CTP Rules"

The ninth paragraph contains situations in which the accident will not be counted as an insured event. That is, something that is not a CC, although for some points a compromise settlement of the issue of payments is possible.

So, here is a list of non-insured events according to the legislative version:

• Not specified in the TS MTPL policy- if the car that caused the damage is not indicated in the insurance policy of the guilty driver, then he pays the indemnity from his own pocket (clauses "a");
• Moral damage- under OSAGO moral suffering is not reimbursed. And what if they are? Go to court - there such payments are possible (clauses "b");
• Lost profit- under OSAGO, the lost profit is not reimbursed, but it can be claimed in court if such a fact can be verified and an accurate calculation can be made on it (clauses "b");
• Driving Practice, Trials and Competitions- Insurance companies do not pay for the damage caused in the listed cases, since there is a high risk coefficient, which, if desired, can be insured under other insurance programs (clauses "c");
• Environmental harm- damage to the environment is not reimbursed under OSAGO. This is an example of a legislative flaw, since damage to green spaces, for example, clearly refers to indemnified damage (clauses "d");
• Damage from transported goods- for this there are special forms of insurance, depending on which documents on the level of danger the transported cargo has (clauses "d");
• Harm to health / life of official personnel during working hours- in this case, all compensation costs are borne by the victim's employer or payments are made through social / health insurance (clauses "f");
• Loss to the employer due to harm to his employees- all this is also reimbursed by other types of insurance (clauses "g");
• Damage caused to the vehicle (as well as cargo) by its driver- under OSAGO, one person cannot be the culprit and the victim (clauses "z");
• Loading and unloading works- damage during loading and unloading of the vehicle under OSAGO is not paid (clauses "and");
• Damage to items of high or intangible value- OSAGO does not pay for damage from damage to movable or immovable items of high value (historical buildings, jewelry, antiques, banknotes, securities, works of art, intellectual property, worship of believers, etc.) (p. "L");
• Damage exceeding the limit specified in the contract- all expenses for compensation of harm and damage, in excess of the insurance limit, are paid to the victim by the culprit. Limits can be increased (clauses "m");
• Harm to health / life of passengers- if the vehicle was officially used for passenger transportation, for which special insurance is provided (clauses "n");

This completes the list of insurance exceptions, although only the main reasons are indicated here, since a complete list that takes into account the features of all possible situations cannot be drawn up.

In the next article I will talk about what are insured events.

• When the vehicle is hijacked payments for OSAGO are not made, because after the theft, the fact that the car is controlled by the legal owner disappears, keep this in mind. You can insure against theft under other programs.
• In case of a disputable insured event if you are insured in a large company (Rosgosstrakh, Ingosstrakh, Renaissance, Reso, etc.) and intend to fight with it, be very careful about the collection and execution of all documents, since serious insurers have a special legal staff to dispute claims ... Sometimes a minor mistake is enough to slow down the consideration of the case for a long time or to lose it.
• Expired diagnostic card may become a reason for cancellation of the fact of an insured event for freight and passenger vehicles, please take this into account.

Conclusion

So, from the article you understood that an insured event under OSAGO occurs when damage is caused to a moving vehicle in the places intended for this, if everything is in order with the car insurance contract. Well, remember that even clearly losing controversial SS can be successfully proven in their favor in court.

What can I ask you to tell us about the insured event? Uh ... tell us about your unusual insurance claims)) I also ask you to write questions on the topic in the comments.

Bonus video: Think you know about dogs? 15 hybrids of different breeds of dogs # 2... Borzodor, labromut, poodle-itch, husky masks, sharpei-nipey or chibikhul)))