Comments of the provision n 431 p. On the submission of a certificate of an accident
Official clarification of the Central Bank of Russia
"On the application of certain norms of the Regulation of the Bank of Russia dated September 19, 2014 No. 431-P "0 rules for compulsory insurance of civil liability of vehicle owners"
In connection with incoming questions about the application of certain norms of the Regulation of the Bank of Russia dated September 19, 2014 N 431-P "On the rules for compulsory insurance of civil liability of vehicle owners", registered by the Ministry of Justice Russian Federation October 1, 2014 N 34204, June 17, 2015 N 37679, December 29, 2016 N 45036, April 28, 2017 N 46531 (hereinafter referred to as OSAGO Rules), the Bank of Russia clarifies the following.
1. In accordance with paragraph six of clause 3.10 of Appendix 1 to the OSAGO Rules, if the paperwork on a traffic accident was carried out with the participation of authorized police officers, the victim, at the time of submitting an application to the insurer for insurance compensation or direct compensation for losses, attaches to the application a certificate of traffic traffic accident, issued by the police unit responsible for road safety, in the form approved by the order of the Ministry of Internal Affairs of the Russian Federation of April 1, 2011 N 154, registered by the Ministry of Justice of the Russian Federation on May 5, 2011 N 20671 (hereinafter referred to as the accident certificate).
The accident certificate form contains, among other things, information about the vehicles involved in the traffic accident, their visible damage, drivers, insurance policies of compulsory civil liability insurance of drivers participating in the traffic accident.
On October 20, 2017, the Administrative Regulations for the execution by the Ministry of Internal Affairs of the Russian Federation of the state function of exercising federal state supervision over compliance by road users with the requirements of the legislation of the Russian Federation in the field of road safety, approved by order of the Ministry of Internal Affairs of the Russian Federation dated August 23, 2017 N 664, registered by the Ministry of Justice of the Russian Federation on October 6, 2017 N 48459 (hereinafter referred to as the Regulations of the Ministry of Internal Affairs), which does not provide for the issuance of an accident certificate by police officers.
Since the Regulations of the Ministry of Internal Affairs do not provide for the issuance of a certificate of an accident by police officers, the requirement to submit this document when considering the insurer's application of the victim for insurance compensation or direct compensation for losses in road accidents that occurred starting from the year is unlawful.
Paragraph seven of clause 3.10 of Appendix 1 to the OSAGO Rules provides for a presentation to the insurer about a traffic accident.
Paragraph eight of clause 3.10 of Annex 1 to the OSAGO Rules provides for the submission to the insurer of a copy of the protocol on an administrative offense, a decision on a case on an administrative offense or a ruling on the refusal to initiate a case on an administrative offense, if the registration of documents on a traffic accident was carried out with the participation of authorized police officers, and the preparation of such documents is provided for by the legislation of the Russian Federation.
The specified norms of the OSAGO Rules and the Regulations of the Ministry of Internal Affairs in a systemic relationship allow the insurer to carry out in full the actions provided for in paragraph 4.22 of Appendix 1 to the OSAGO Rules, if a certificate of an accident is not attached to the victim’s application, but information about the vehicles involved in the traffic accident, their visible damage, drivers, insurance policies of compulsory insurance of civil liability of drivers - participants in a road traffic accident is recorded in the documents submitted to the insurer, provided for in paragraphs seven and eight of clause 3.10 of Appendix 1 to the OSAGO Rules, or if this information can be obtained by the insurer from an automated information system compulsory insurance of civil liability of vehicle owners, created in accordance with Article 30 of the Federal Law of April 25, 2002 N 40-FZ "On Compulsory Insurance of Civil Liability of Vehicle Owners anport funds”, and other sources.
2. This official explanation of the Bank of Russia is subject to official publication.
CENTRAL BANK OF THE RUSSIAN FEDERATION
POSITION
ON THE RULES OF COMPULSORY CIVIL INSURANCE
RESPONSIBILITIES OF VEHICLE OWNERS
1. Based on Article 5 and paragraph 11 of Article 15 Federal Law of April 25, 2002 N 40-FZ "On Compulsory Insurance of Civil Liability of Vehicle Owners" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2002, N 18, Art. 1720; 2003, N 26, Art. 2566; 2005, N 1, 25; N 30, item 3114; 2006, N 48, item 4942; 2007, N 1, item 29; N 49, item 6067; 2008, N 30, item 3616; N 52, item 6236; 2009, N 1, item 17; N 9, item 1045; N 52, item 6420, item 6438; 2010, N 6, item 565; N 17, item 1988; 2011, N 1, 4; N 7, item 901; N 27, item 3881; N 29, item 4291; N 49, item 7040; 2012, N 25, item 3268; N 31, item 4319, item 4320; 2013, N 19, art. 2331; N 30, art. 4084; 2014, N 30, art. liability of vehicle owners Attachment 1 to this Regulation), the application form for the conclusion of an agreement on compulsory civil liability insurance of vehicle owners ( application 2 to this Regulation), the form of an insurance policy of compulsory civil liability insurance of vehicle owners ( appendix 3 to this Regulation), as well as the form of a document containing information about insurance ( annex 4 to this regulation).
2. This Regulation is subject to official publication in the Bulletin of the Bank of Russia and in accordance with the decision of the Board of Directors of the Bank of Russia (minutes of the meeting of the Board of Directors of the Bank of Russia dated September 16, 2014 No. 27) shall enter into force from the date of entry into force decrees of the Government of the Russian Federation on declaring invalid decrees of the Government of the Russian Federation dated May 7, 2003 N 263 "On approval of the Rules for compulsory insurance of civil liability of vehicle owners" (Sobranie zakonodatelstva Rossiyskoy Federatsii, 2003, N 20, art. 1897; 2006, N 36, art. 3833; N 52, art. 5593; 2007, N 26, item 3193; 2008, N 9, item 862; N 14, item 1409; N 40, item 4549; 2009, N 33, item 4085; 2011, N 42, item 5922; 2012, N 3, item 444; N 50, item 7055; 2013, N 36, item 4578).
3. Paragraph four of paragraph 4.1 , second paragraph of clause 4.4, subclause 4.4.2 , subclause 4.4.3 (in terms of the maximum amount of insurance payment for harm caused to the life of the victim) of clause 4.4, paragraph three of paragraph 4.22 Appendix 1 to this Regulation shall apply from April 1, 2015.
4. Paragraph two of clause 1.1 , second paragraph of clause 1.3 (in terms of indicating the compulsory insurance policy in the form of an electronic document), clause 1.11 annex 1 to thisRegulationapply from 1 July 2015.
5. Establish that until March 31, 2015 inclusive, insurers can use when concluding contracts for compulsory civil liability insurance of vehicle owners forms insurance policies issued prior to the entry into force of thisRegulations.
Chairman of the Central Bank
Russian Federation
E.S.NABIULLINA
Attachment 1
to Regulation Bank of Russia
"On the rules of compulsory insurance
civil liability
vehicle owners"
REGULATIONS
COMPULSORY LIABILITY INSURANCE
VEHICLE OWNERS
Chapter 1
1.1. The contract of compulsory insurance of civil liability of vehicle owners (hereinafter referred to as the contract of compulsory insurance) is concluded for one year, with the exception of cases provided for by the Federal law "On Compulsory Insurance of Civil Liability of Vehicle Owners". Compulsory insurance contract is concluded in relation to the owner vehicle, persons indicated by him in the compulsory insurance contract, or in relation to an unlimited number of persons admitted by the owner to drive the vehicle in accordance with the terms of the compulsory insurance contract, as well as other persons using the vehicle legally.
ConsultantPlus: note.
A compulsory insurance contract can be concluded both by drawing up and issuing a compulsory insurance policy on paper to the insured, and by drawing up and sending him a compulsory insurance policy in the form of an electronic document in the cases and in the manner provided for by these Rules.
In order to conclude a compulsory insurance contract or make changes to it, the policyholder is obliged to provide his personal data, the personal data of the owner of the vehicle, and if the compulsory insurance contract being concluded provides for driving the vehicle by the drivers indicated by the insured, the personal data of each of these drivers, including in information and information that must be contained in the application for the conclusion of a compulsory insurance contract and the documents necessary for the insurer to conclude a compulsory insurance contract in accordance with the Federal law
1.2. In the case of limited use of the vehicle, the application for concluding a compulsory insurance contract shall indicate the period of use of the vehicle, as well as the drivers allowed to drive the vehicle.
When filling out an application for concluding a compulsory insurance contract, the policyholder does not fill out string "State registration mark", if by the time of the conclusion of the compulsory insurance contract the vehicle, the owner of which he is, has not passed the state registration in the prescribed manner.
1.3. After state registration of the vehicle and receiving the state registration plate, the insured is obliged to inform the number of the state registration plate within three working days to the insurer, who, on the basis of the data received, makes the appropriate entry in the compulsory insurance policy form, and also enters the relevant information into the automated information system compulsory insurance, created in accordance with article 30 Federal Law "On compulsory insurance of civil liability of vehicle owners" (hereinafter referred to as the automated information system of compulsory insurance).
ConsultantPlus: note.
Paragraph two of clause 1.3 (with regard to the indication of a compulsory insurance policy in the form of an electronic document) applies from 1 July 2015.
When performing registration actions in relation to the vehicle, the fulfillment of the obligation of its owner to insure its civil liability is confirmed by presenting to the employee of the registering body a compulsory insurance policy or information printed on paper on the conclusion of a compulsory insurance contract in the form of an electronic document.
1.4. The document certifying the implementation of compulsory insurance is an insurance policy of compulsory insurance issued by the insurer according to form specified in Appendix 2 to this Regulation.
The compulsory insurance policy form has a single form throughout the Russian Federation.
Simultaneously with the insurance policy, the policyholder is given a free list of representatives of the insurer in the constituent entities of the Russian Federation, containing information about the location and postal addresses of the insurer, as well as the means of communication with them and the time of their work, two forms of notification of a traffic accident.
Forms of notices of traffic accidents are additionally issued by the insurer free of charge at the request of a person whose liability is insured under a compulsory insurance contract.
Compulsory insurance policy is issued to the insured within the day of receipt Money to the cash desk of the insurer in cash, and in case of payment of the insurance premium in a cashless manner - no later than the working day following the day of transfer of the insurance premium to the settlement account of the insurer.
In case of loss of the compulsory insurance policy, the insured has the right to receive its duplicate free of charge.
1.5. In order to conclude a contract of compulsory insurance, the owner of a vehicle has the right to choose any insurer providing compulsory insurance.
The insurer is not entitled to refuse to conclude a compulsory insurance contract to the owner of a vehicle who has applied to him with an application for the conclusion of a compulsory insurance contract and submitted documents in accordance with the Federal law "On Compulsory Insurance of Civil Liability of Vehicle Owners".
1.6. In order to conclude a compulsory insurance contract, the policyholder shall submit to the insurer the documents specified in article 15
Cases of submission of documents necessary for the conclusion of a compulsory insurance contract in the form of electronic documents may be provided for by agreement of the parties.
The policyholder is responsible for the completeness and accuracy of the information and documents submitted to the insurer.
The insurer shall not be entitled to require the insured to present the original documents stipulated by the Federal law "On Compulsory Insurance of Civil Liability of Vehicle Owners", in the event that the insured concludes a compulsory insurance contract with the insurer with whom the previous compulsory insurance contract was concluded, if there is no information that the copies of documents submitted by the insured or electronic documents contain outdated information.
1.7. When concluding a compulsory insurance contract, the insurer has the right to inspect the vehicle, including at the place of residence of the insured - individual(at the location of the insured - legal entity), unless otherwise provided by agreement of the parties.
1.8. Along with a statement on the conclusion of the compulsory insurance contract, the insured shall provide the insurer with information on insurance received from the insurer with whom the previous compulsory insurance contract was concluded.
Information about insurance is not provided by a person concluding a compulsory insurance contract with an insurer with whom a previous compulsory insurance contract was concluded.
When concluding a compulsory insurance contract providing for driving a vehicle only by the drivers indicated by the insured, the insured shall provide the insurer with information on insurance in respect of each driver indicated by him.
When concluding a contract of compulsory insurance without restriction of persons admitted to driving a vehicle, the policyholder provides the insurer with information about insurance in relation to the owner of the vehicle.
When concluding a compulsory insurance contract, the insurer checks the compliance of the information on insurance submitted by the insured with the information specified in the statement on the conclusion of a compulsory insurance contract, information contained in the automated information system of compulsory insurance and in the unified automated information system for technical inspection.
If a discrepancy is found between the information provided by the insured and the information contained in the automated information system of compulsory insurance and (or) in the unified automated information system for technical inspection, the insurer concludes a contract of compulsory insurance based on the information provided by the insured, except for the cases provided for paragraph 1.11 of these Rules. Information about the owners of vehicles who knowingly provided false information to the insurer, if this information led to a decrease in the amount of the insurance premium, is entered by the insurer into the automated information system of compulsory insurance and is used when concluding a compulsory insurance contract for a new term to apply the appropriate coefficient of insurance rates.
1.9. If the compulsory insurance contract specifies the limited use of the vehicle, the policyholder is obliged to immediately notify the insurer in writing before transferring control of the vehicle to a driver not specified in the compulsory insurance policy of the acquisition of the right to drive this vehicle, as well as changes the period of use of the vehicle compared to the period specified in the compulsory insurance contract. The policyholder is obliged to inform the insurer about the increase in the period of use of the vehicle before the expiration of the period of use of the vehicle specified in the compulsory insurance contract.
Replacement of the vehicle indicated in the compulsory insurance policy, change of the term of insurance, as well as replacement of the policyholder are not allowed.
1.10. Upon receipt from the insured of an application for changing the information specified in the application for concluding a compulsory insurance contract and (or) submitted when concluding a compulsory insurance contract, the insurer has the right to demand payment of an additional insurance premium in proportion to the increase in the degree of risk, based on insurance rates for compulsory insurance in force on the day of payment of the additional insurance premium, and upon its payment is obliged to amend the insurance policy of compulsory insurance.
Changes in the insurance policy of compulsory insurance are fixed by making an appropriate entry in chapter "Special notes" indicating the date and time of making changes and certifying the changes with the signature of the insurer's representative and the seal of the insurer or by issuing a reissued (new) compulsory insurance policy within two working days from the date of return by the insured of the previously issued insurance policy. The compulsory insurance policy returned by the insured shall be kept by the insurer together with the second copy of the reissued insurance policy. On the initial and reissued insurance policies of compulsory insurance, a note is made about the reissuance, indicating the date of reissuance and the numbers of the initial and reissued insurance policies of compulsory insurance.
Changes to the insurance policy issued in the form of an electronic document in the manner prescribed paragraph 1.11 of these Rules may be included in in electronic format or by reissuing a compulsory insurance policy on paper. In the latter case, the policyholder is issued a reissued (new) compulsory insurance policy on paper.
The insurer enters into the automated information system of compulsory insurance information on changes in the information specified by the insured in the application for the conclusion of the contract of compulsory insurance and (or) submitted when concluding the contract of compulsory insurance, no later than five working days from the date of making changes to the insurance policy of compulsory insurance.
ConsultantPlus: note.
1.11. Compulsory insurance contract can be drawn up in the form of an electronic document.
In this case, the policyholder sends to the insurer statement on the conclusion of a contract of compulsory insurance in electronic form using the official website of the insurer in the information and telecommunications network "Internet" (hereinafter referred to as the "Internet" network).
Statement on the conclusion of a compulsory insurance contract in electronic form may be signed by a simple electronic signature of the insured - an individual or an enhanced qualified electronic signature of the insured - a legal entity in accordance with the requirements of the Federal law dated April 6, 2011 N 63-FZ "On Electronic Signature" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2011, N 15, item 2036; N 27, item 3880; 2012, N 29, item 3988; 2013, N 14, 1668; N 27, item 3463, item 3477; 2014, N 26, item 3390) (hereinafter referred to as the Federal Law "On Electronic Signature").
The list of information transmitted by the insured through the official website of the insurer on the Internet for the formation of an application for the conclusion of an insurance contract in electronic form includes the information necessary to provide the insurer when filling out an application for the conclusion of a compulsory insurance contract on paper.
A compulsory insurance contract cannot be concluded in the form of an electronic document if there is a discrepancy between the information provided by the insured and the information contained in the automated information system of compulsory insurance.
The contract of compulsory insurance in the form of an electronic document is not concluded with the owners of vehicles registered in foreign countries and temporarily used on the territory of the Russian Federation.
During the day of receipt of funds at the cash desk of the insurer (when paying the insurance premium in cash), and in case of payment by bank transfer - no later than the business day following the day the insurance premium is transferred to the account of the insurer, the compulsory insurance policy in the form of an electronic a document signed with an enhanced qualified electronic signature of the insurer in compliance with the requirements of the Federal law "On the electronic signature", sent to the policyholder.
Upon receipt from the policyholder of an application in electronic form, signed in accordance with the requirements of this item of the Rules, on changing the information specified earlier in the application for concluding a compulsory insurance contract in electronic form, the insured is obliged to pay an additional insurance premium in proportion to the increase in the degree of risk, based on insurance rates for compulsory insurance, and the insurer is obliged to amend the compulsory insurance policy (in if the information, the change of which is claimed by the insured, was previously reflected in the compulsory insurance policy). In this case, the insurer, no later than two working days from the moment of the occurrence of one of the events provided for in this paragraph, and if the changes in information reported by the insured do not require additional payment of the insurance premium - no later than two working days from the date the insurer receives an application for changing the information sends to the policyholder a reissued (new) compulsory insurance policy in the form of an electronic document signed in the manner prescribed by this item Rules. In the event that the information, the change of which the insured claims, was not previously reflected in the compulsory insurance policy and does not require their reflection in the compulsory insurance policy, the insured shall be sent an electronic notification signed by an enhanced qualified electronic signature of the insurer in compliance with the requirements Federal law "On the electronic signature", on the accounting of changed information by the insurer.
If the information, the change of which the policyholder claims, does not correspond to the information reflected in the information systems and (or) databases of the relevant state bodies, the insurer, no later than two working days from the date of receipt of the application for the change in information, sends the policyholder a notification on the impossibility of reissuing a compulsory insurance policy in electronic form.
1.12. The extension of the compulsory insurance contract is carried out after its expiration by concluding with the insurer with whom the previous compulsory insurance contract was concluded, the compulsory insurance contract for a new period in the manner prescribed by these Rules.
1.13. The validity of the compulsory insurance contract is prematurely terminated in the following cases:
death of a citizen - insured or owner;
liquidation of the legal entity - the insured;
liquidation of the insurer;
destruction (loss) of the vehicle specified in the compulsory insurance policy;
1.14. The policyholder has the right to early terminate the compulsory insurance contract in the following cases:
revocation of the license of the insurer in the manner prescribed by the legislation of the Russian Federation;
change of the owner of the vehicle;
other cases stipulated by the legislation of the Russian Federation.
1.15. The insurer has the right to early terminate the compulsory insurance contract in the following cases:
identification of false or incomplete information provided by the insured when concluding a compulsory insurance contract, which is essential for determining the degree of insured risk;
other cases stipulated by the legislation of the Russian Federation.
1.16. In the event of early termination of the compulsory insurance contract on one of the grounds provided for in paragraph three paragraph 1.13, paragraph four of clause 1.14 and the second paragraph of paragraph 1.15 of these Rules, part of the insurance premium under the compulsory insurance contract is not returned to the insured. In other cases, the insurer returns to the policyholder a part of the insurance premium in the amount of its share intended for making insurance payments and falling on the unexpired term of the compulsory insurance contract or the unexpired period of seasonal use of the vehicle (vehicle use period).
The calculation of the unexpired term of the contract (the period of use of the vehicle) begins on the day following the date of early termination of the compulsory insurance contract.
Clause 1.13 of these Rules, the date of early termination of the compulsory insurance contract is the date of the event that was the basis for its early termination and the occurrence of which is confirmed by the documents of the authorized bodies.
In cases of early termination of the compulsory insurance contract provided for paragraph 1.14 of these Rules, the date of early termination of the compulsory insurance contract shall be the date of receipt by the insurer of the insured's written application for early termination of the compulsory insurance contract and documentary confirmation of the fact that served as the basis for early termination of the contract.
In cases of early termination of the compulsory insurance contract provided for paragraph 1.15 of these Rules, the date of early termination of the compulsory insurance contract shall be the date of receipt by the insured of a written notice from the insurer.
Part of the insurance premium is returned to the insured (his legal representatives, heirs) within 14 calendar days from the date following the date of receipt by the insurer of information about the cases provided for paragraphs two, four, five, the sixth paragraph 1.13 of these Rules, or the policyholder's application for early termination of the compulsory insurance contract on one of the grounds provided for paragraph 1.14 of these Rules, or within 14 calendar days from the date following the date of receipt by the insurant of the insurer's written notice of the early termination of the compulsory insurance contract on the grounds provided for the third paragraph of clause 1.15 of these Rules.
If the deadline for the return of part of the insurance premium provided for by this item of the Rules, the insurer pays to the insured individual a penalty (penalty) in the amount of one percent of the insurance premium under the compulsory insurance contract for each day of delay, but not more than the amount of the insurance premium under such a contract.
1.17. In case of early termination or upon expiration of the term of the compulsory insurance contract, the insurer shall provide the insured, the person whose liability risk was insured under such a compulsory insurance contract, with information on insurance under form specified in Appendix 4 to this Regulation. Information about insurance is provided by the insurer free of charge in writing within five days from the date of the respective written request.
Chapter 2. Procedure for paying the insurance premium
2.1. The insurance premium is calculated by the insurer in accordance with the insurance rates determined by the insurer subject to the requirements established by the Bank of Russia.
Changes in insurance rates during the term of the compulsory insurance contract do not entail a change in the insurance premium paid by the insured according to the insurance rates in force at the time of payment. If, in accordance with these Rules, the policyholder is obliged to pay an additional insurance premium in proportion to the increase in the degree of risk, the amount of the additionally paid insurance premium is determined at the insurance rates in force at the time of its payment.
The calculation of the insurance premium under a compulsory insurance contract is carried out by the insurer based on the information provided by the insured in a written application for the conclusion of a compulsory insurance contract or an application sent to the insurer in the form of an electronic document, information about insurance, taking into account the information contained in the automated information system of compulsory insurance.
When changing the terms of the compulsory insurance contract during its validity period, the insurance premium is subject to change after the commencement of the compulsory insurance contract in the direction of its decrease or increase, depending on the changed information reported by the insured to the insurer, affecting the degree of insurance risk.
The policyholder has the right to demand from the insurer a written calculation of the insurance premium payable. The insurer is obliged to submit such a calculation within three working days from the date of receipt of the relevant written application from the insured.
2.2. The insurance premium under a compulsory insurance contract shall be paid by the insured to the insurer in a lump sum in cash or by bank transfer upon conclusion of the compulsory insurance contract.
The date of payment of the insurance premium is the day when funds are received at the cash desk of the insurer in cash or the day the insurance premium is transferred to the settlement account of the insurer.
Chapter 3. List of actions of persons in the implementation of compulsory insurance
3.1. In the event of an insured event (traffic accident), drivers participating in this accident must take measures and fulfill the obligations stipulated Rules traffic of the Russian Federation, approved by the Decree of the Council of Ministers - the Government of the Russian Federation of October 23, 1993 N 1090 (Collection of Acts of the President and Government of the Russian Federation, 1993, N 47, Art. 4531; Collection of Legislation of the Russian Federation, 1998, N 45, Art. 5521; 2000, N 18, item 1985; 2001, N 11, item 1029; 2002, N 9, item 931; N 27, item 2693; 2003, N 20, item 1899; N 40, item 3891; 2005, N 52, item 5733; 2006, N 11, item 1179; 2008, N 8, item 741; N 17, item 1882; N 40, item 4549; 2009, N 2, item 233; N 5, item 610; 2010, N 9, item 976; N 20, item 2471; 2011, N 42, item 5922; 2012, N 1, item 154; N 15, item 1780; N 30, item 4289; N 47, item 6505; 2013, N 5, item 371, item 404; N 24, item 2999; N 31, item 4218; N 52, item 7173; 2014, N 14, item 1625; N 21, item 2707; N 32, item 4487), as well as take the necessary measures in the circumstances in order to reduce possible losses from the incident, write down the names and addresses of eyewitnesses and indicate them in the notice of car accident, take measures to prepare documents about the accident in accordance with these Rules.
3.2. The driver who is a participant in a road traffic accident is obliged to inform other participants in the road traffic accident of information about the compulsory insurance contract, including the number of the compulsory insurance policy, as well as the name, address and telephone number of the insurer.
3.3. Participants in a road traffic accident must notify the insurers that have insured their civil liability of the occurrence of an insured event in the cases and terms established by these Rules.
3.4. Registration of documents on a traffic accident may be carried out in the presence of the insurer (representative of the insurer) to determine the circumstances of the traffic accident and the damage (damages) caused by the message of the insured or the victim. To do this, the driver who is a participant in a traffic accident informs the insurer that insured his civil liability, or his representative by any accessible way about the place and time of the traffic accident, as well as about the circumstances that caused it, for the insurer to make a decision on the need to go to the scene of the traffic accident.
3.5. Drivers of vehicles involved in a road traffic accident are required to fill out forms of notification of a road traffic accident issued by insurers, regardless of the execution of documents by police officers who arrived at the scene of a traffic accident.
In the absence of disagreements in the circumstances of the damage and the traffic accident, the nature and list of visible damage to vehicles, two drivers jointly fill out one form of notification of a traffic accident.
If more than two vehicles are involved in a traffic accident or if drivers have disagreements in assessing what happened, as well as if it is impossible for drivers to jointly fill out one form of notification of a traffic accident (due to health reasons, in the event of the death of a driver, due to the failure of one of them from joint filling out of the form or for other reasons) it is allowed for each driver to fill out his own notification form with an indication of the reason for the impossibility of jointly filling out a notice of a traffic accident. In the event of the death of the driver, a notice of a traffic accident in relation to this vehicle is not filled out by other persons.
When causing harm to the life or health of passengers in vehicles, pedestrians, the notice of a traffic accident indicates the presence of injured passengers, pedestrians. If the participants in the traffic accident have information about the victims (surnames, first names, patronymics), they must submit this information to the insurer. Information about injured passengers, pedestrians is provided to the insurer by police units on the basis of his written request or a request sent electronically as part of electronic interaction.
In case of causing harm to the injured, the driver must inform the insurer about it in the manner and within the time limits established by these Rules.
3.6. When drawing up documents about a traffic accident without the participation of authorized police officers, the forms of notification of a traffic accident are filled in by both drivers of the vehicles involved in the traffic accident, while the circumstances of the harm, the scheme of the traffic accident, the nature and list of visible damages are certified by the signatures of both drivers. At the same time, each driver signs both sheets of the notice of a traffic accident on the front side. The reverse side of the notice of a traffic accident is drawn up by each driver independently.
If there are disagreements about the circumstances of the traffic accident, the nature and list of visible damage to vehicles, refusal to sign the notice by one of the participants in the traffic accident, or if the amount of damage exceeds, according to the preliminary assessment of the participant in the traffic accident, the amount within which the insurer carries out insurance payment in case of registration of documents on a traffic accident without the participation of authorized police officers, registration of documents on a traffic accident is carried out with the participation of authorized police officers.
The insurer has the right to appoint an independent examination of the vehicles involved in the traffic accident, in case of discrepancies regarding the nature and list of visible damage to the vehicles and (or) the circumstances of the damage recorded in the submitted notice of the traffic accident, in accordance With paragraph 3.11 of these Rules.
In order to establish the circumstances of causing harm and determine the amount of losses subject to compensation in connection with damage to property, an independent technical expertise, an independent expertise (assessment) is carried out. At the request of the insurer, the owners of vehicles involved in a road traffic accident, who have drawn up documents on a road traffic accident in accordance with this paragraph of the Rules, are obliged to submit these vehicles for inspection and (or) independent technical expertise to the insurer within five working days from the date of receipt of such a demand, unless the parties have agreed on a different period.
3.7. The victim who received the insurance payment on the basis of paragraph 3.6 of these Rules is not entitled to present to the insurer Additional requirements on compensation for damage caused to his property as a result of such a traffic accident.
In order to exercise the right associated with compensation for damage caused to his property in an amount exceeding the amount of the insurance payment, the victim may apply to the court with a claim against the person who caused the damage.
The victim has the right to apply to the insurer that insured the civil liability of the person who caused the harm with a claim for compensation for harm caused to life or health, which arose after the presentation of a claim for compensation for damage caused to his vehicle, and which the victim was not aware of at the time making a claim in accordance with paragraphs 3.9, 4.1 - 4.7 of these Rules.
3.8. Notices of a traffic accident filled in by drivers participating in a road traffic accident, drawn up in accordance with paragraph 3.6 of these Rules, must be delivered or sent in any way that provides proof of shipment to the insurer that insured the civil liability of the driver, or to the representative of the insurer in the constituent entity of the Russian Federation at the place of residence (location) ) of the victim or in the subject of the Russian Federation, on the territory of which the traffic accident occurred. The injured driver submits to the insurer his/her own traffic accident notification form or a notification form completed jointly with other participants in the road traffic accident at the same time when submitting an application for insurance payment. A notice of a road traffic accident of the driver causing harm may be transmitted by facsimile with the simultaneous sending of its original by registered mail to the address of the insurer that insured his civil liability, or the representative of the insurer, indicated in the compulsory insurance policy.
3.9. An injured person who intends to exercise his right to an insurance benefit is obliged to notify the insurer of the occurrence of an insured event as soon as possible.
Victims or beneficiaries submit to the insurer an application for insurance payment or for direct compensation for losses and the documents provided for by these Rules, within the time limits and in the manner established point 3.8 or point 3.6 of these Rules, respectively.
An application for direct compensation for losses is sent to the insurer that insured the civil liability of the victim, if there are simultaneously the circumstances listed in paragraph 3.15 of these Rules.
In case of fulfillment of the obligation of the insurer to organize and pay for the restoration repair of the vehicle in the manner prescribed by the second paragraph of paragraph 4.17 of these Rules, the victim in the application for insurance payment or direct compensation for losses indicates compensation for the damage caused to his vehicle in kind, and also expresses his consent to a possible increase in the terms of the restoration repair of the vehicle due to objective circumstances, including repair technology and the presence of components (parts, assemblies and assemblies).
3.10. At the time of filing the application for insurance payment, the victim shall attach to the application:
duly certified copy of the identity document of the victim (beneficiary);
documents confirming the authority of the person who is the representative of the beneficiary;
documents containing bank details for receiving insurance indemnity, if the payment of insurance indemnity will be made in a cashless manner;
the consent of the guardianship and guardianship authorities, if the payment of insurance compensation will be made to a representative of a person (injured (beneficiary)), under the age of 18 years;
traffic accident certificate issued by the police unit responsible for road safety, according to form , approved by order of the Ministry of Internal Affairs of the Russian Federation of April 1, 2011 N 154 (registered by the Ministry of Justice of Russia on May 5, 2011, registration N 20671), if the registration of documents about a traffic accident was carried out with the participation of authorized police officers;
notice of a traffic accident;
copies of the protocol on an administrative offense, a decision on a case on an administrative offense or a ruling on the refusal to initiate a case on an administrative offense, if the execution of documents on a traffic accident was carried out with the participation of authorized police officers, and the preparation of such documents is provided for by the legislation of the Russian Federation.
In addition, the victim, depending on the type of damage caused, submits to the insurer the documents provided for paragraphs 4.1, 4.2, 4.4 - 4.7 and (or) 4.13 of these Rules.
Submission to the victims of the necessary documents on insurance payment to check their completeness at the request of the victim is carried out in electronic form through the official website of the insurer on the Internet, which does not relieve the victim from the need to submit documents on insurance payment to the insurer in writing at the location of the insurer or the representative of the insurer . The insurer considers the applications of applicants sent in the form of electronic documents and sends them answers to email addresses from which these applications were received within the period agreed by the applicant with the insurer, but no later than three working days from the date of receipt of these applications.
The insurer is not entitled to demand from the victim documents that are not provided for by these Rules.
3.11. When causing damage to property, the victim, who intends to exercise his right to an insurance payment or direct compensation for losses, within five working days from the date of filing an application for insurance payment or direct compensation for losses and the documents attached to it in accordance with these Rules, is obliged to present the damaged vehicle or its remains for inspection and (or) independent technical expertise carried out in accordance with the rules approved by the Bank of Russia, other property - for inspection and (or) independent expertise (assessment) carried out in accordance with the procedure established by the legislation of the Russian Federation, taking into account the specifics established Federal law "On Compulsory Insurance of Civil Liability of Vehicle Owners", and the insurer - to inspect damaged property and (or) organize an independent technical examination, an independent examination (assessment).
The insurer conducts an inspection of the damaged property and (or) organizes an independent technical examination, an independent examination (assessment) by issuing an appropriate referral for an independent technical examination, an independent examination (assessment) within a period of not more than five working days from the date the damaged property was presented to the injured for inspection, after which, at the written request of the victim, the insurer is obliged to acquaint the victim with the results of the inspection and (or) independent technical expertise, independent expertise (assessment), unless a different period is agreed between the insurer and the victim. The fact that the insurer fulfills the obligation to organize an independent technical examination, an independent examination (assessment) is the issuance (direction) of the appropriate referral to the victim.
The insurer is obliged to agree with the victim on the time and place of the inspection and (or) organization of an independent examination of the damaged property, taking into account the work schedule of the insurer, the expert and the period specified in this paragraph for the inspection, independent technical examination, independent examination (valuation) of the damaged property, and the victim in the time agreed with the insurer is obliged to present the damaged property.
In the event that the injured property or its remains are not presented for inspection and (or) independent technical expertise, independent expertise (assessment) on the date agreed with the insurer, the insurer agrees with the victim a new date for inspection and (or) independent technical expertise, independent expertise (assessment) of the damaged property or its remains. In this case, in the event that the injured person fails to fulfill the obligation established by this paragraph of the Rules to present the damaged property or its remains for inspection and (or) independent technical expertise, independent expertise (assessment), the period for the insurer to make a decision on insurance payment, specified in paragraph 4.22 of these Rules, may be extended for a period not exceeding the number of days between the date of presentation of the damaged property or its remains to the victim and the date of inspection and (or) independent technical expertise, independent expertise (assessment) agreed with the victim, but not more than 20 calendar days , excluding public holidays. In the event that the injured property or its remains are not presented for inspection and (or) independent technical expertise, independent expertise (assessment), the insurer shall notify the victim in writing of the impossibility of making a decision on the insurance payment (issuing a referral for repairs) before the victim performs these actions.
If the nature of the damage or the features of the damaged vehicle, other property preclude its submission for inspection and independent technical expertise, independent expertise (assessment) at the location of the insurer and (or) expert (including if the damage to the vehicle excludes its participation in road traffic) , this is indicated in the application. In this case, the inspection and independent technical expertise, independent expertise (assessment) are carried out at the location of the damaged property within a period of not more than five working days from the date of filing the application for insurance payment and the documents provided for paragraph 3.10 of these Rules, and in case of finding a damaged vehicle, other property in hard-to-reach, remote or sparsely populated areas - within no more than 10 working days from the date of filing an application for insurance payment and documents provided for paragraph 3.10 of these Rules, unless other terms are agreed between the insurer and the victim.
At the request of the insurer, the owner of the vehicle involved in the traffic accident, in the event that documents on the traffic accident are drawn up in accordance with paragraph 3.6 of these Rules presents the vehicle for inspection and (or) for an independent technical examination in the manner prescribed by this paragraph of the Rules.
3.12. If the insurer within the established paragraph 3.11 of these Rules, the term did not inspect the damaged property and (or) did not organize its independent technical examination, independent examination (assessment), then the victim has the right to apply independently for such a technical examination or examination (assessment), without presenting the damaged property or its remains to the insurer for inspection .
In this case, the results of an independent technical examination, an independent examination (assessment) independently organized by the victim, are accepted by the insurer to determine the amount of the insurance payment.
The cost of an independent technical expertise, an independent expertise (assessment), on the basis of which an insurance payment was made, is included in the losses to be reimbursed by the insurer under a compulsory insurance contract.
3.13. In order to clarify the circumstances of the damage caused by damage to vehicles, to establish the nature of the damage to the vehicle and their causes, technology, methods, the cost of its repair, as well as the actual cost of the vehicle on the date of the traffic accident, an independent technical examination of the vehicle is carried out in accordance with the rules , approved by the Bank of Russia, or an independent examination (assessment).
3.14. If the inspection and (or) independent technical expertise, independent expertise (assessment) of the damaged property or its remains presented by the victim does not allow to reliably establish the existence of an insured event and determine the amount of losses subject to compensation under the compulsory insurance contract, in order to clarify these circumstances, the insurer has the right within 10 working days from the moment the victim submitted an application for insurance payment, inspect the vehicle, during the use of which the victim was harmed, and (or) organize and pay for an independent technical examination in relation to this vehicle at his own expense. The owner of the vehicle, during the use of which the property of the victim was damaged, is obliged to present this vehicle at the request of the insurer.
The results of the inspection and (or) independent technical expertise (assessment) are drawn up in writing and signed by the insurer (its representative), the expert technician, the representative of the independent expert organization who conducted the independent technical expertise, if such an expertise was carried out, and the owner of the vehicle.
The insurer refuses to the victim in the insurance payment or part of it, if the repair of the damaged property or disposal of its remains, carried out before the inspection by the insurer and (or) an independent technical examination, an independent examination (valuation) of the damaged property in accordance with the requirements of these Rules, do not allow to reliably establish the presence of an insured event and the amount of losses subject to compensation under the compulsory insurance contract.
3.15. The victim sends an application for direct compensation of losses to the insurer that insured the civil liability of the victim in the presence of the following circumstances simultaneously:
as a result of a traffic accident, damage was caused only to vehicles specified in paragraph three of this paragraph Rules;
a traffic accident occurred as a result of interaction (collision) of two vehicles (including vehicles with trailers to them), the civil liability of whose owners is insured in accordance with the Federal law "On Compulsory Insurance of Civil Liability of Vehicle Owners".
3.16. The insurer that has insured the civil liability of the victim shall assess the circumstances of the road traffic accident set out in the notice of the road traffic accident and, on the basis of an application for direct compensation for losses and the submitted documents, compensate the victim for the damage caused to the vehicle of the victim, in the amount of the insurance payment from on behalf of the insurer who insured the civil liability of the person who caused the harm (carries out direct compensation for losses).
3.17. The exercise of the right to direct compensation for losses does not restrict the right of the victim to apply to the insurer that insured the civil liability of the person who caused the harm, with a claim for compensation for harm caused to life or health, which arose after the presentation of a claim for direct compensation for losses and which the victim did not know about on the moment the claim is made.
A victim who has the right to file a claim for compensation for damage caused to his property directly to the insurer that insured his civil liability, in the event that such insurer is subject to the procedures applicable in a bankruptcy case in accordance with the legislation of the Russian Federation, or in the event of revocation of his license to the implementation of insurance activities makes a claim for insurance payment to the insurer who insured the civil liability of the person who caused the harm.
3.18. The insurer that has insured the civil liability of the victim shall indemnify the damage caused to the vehicle of the victim on behalf of the insurer that has insured the civil liability of the person who caused the harm (carries out direct compensation for losses), in accordance with the agreement on direct compensation for losses.
In relation to the insurer that has insured the civil liability of the victim, in the event of a claim for direct compensation for losses, the provisions of the Federal law "On Compulsory Insurance of Civil Liability of Vehicle Owners", which are established in relation to the insurer to which an application for insurance payment has been submitted.
3.19. Chapter 3 Provisions of these Rules are equally applicable to the representative of the insurer who insured the civil liability of the victim, in the event that the victim applies to him with an application for direct compensation for losses.
Chapter 4
4.1. To receive an insurance payment in connection with the infliction of harm to the health of the victim, in addition to the documents provided for paragraph 3.10 of these Rules, the application for insurance payment shall be accompanied by:
documents issued and executed in accordance with the procedure established by the legislation of the Russian Federation, by the medical organization to which the victim was delivered or applied independently, regardless of its organizational and legal form, indicating the nature of the injuries and injuries received by the victim, the diagnosis and the period of disability;
conclusion issued in accordance with the procedure established by the legislation of the Russian Federation forensic medical examination about the degree of loss of professional ability to work, and in the absence of professional ability to work - about the degree of loss of general ability to work (if there is such a conclusion);
ConsultantPlus: note.
Paragraph four of paragraph 4.1 applied from April 1, 2015.
a certificate confirming the fact of establishing a disability or the category of "disabled child" for the victim (if such a certificate is available);
ambulance station help medical care about the medical care provided at the scene of a traffic accident.
If, as a result of harm caused to the health of the victim as a result of a traffic accident, according to the results medical and social expertise the victim is assigned a disability group or the category of "disabled child", in order to receive the insurance payment, the documents provided for paragraphs 4.2, 4.6, 4.7 of these Rules.
To receive an insurance payment in connection with causing harm to the life of the victim, in addition to the documents provided for paragraph 3.10 of these Rules, the application for insurance payment shall be accompanied by the documents provided for paragraphs 4.4 and 4.5 of these Rules.
4.2. When a claim is presented to the victims for compensation for their lost earnings (income) in connection with an insured event that resulted in the loss of professional ability to work, and in the absence of professional ability to work, resulting in a loss of general ability to work, the following shall be submitted:
the conclusion of a forensic medical examination issued in accordance with the procedure established by the legislation of the Russian Federation on the degree of loss of professional ability to work, and in the absence of professional ability to work - on the degree of loss of general ability to work;
certificate or other document on the average monthly earnings (income), scholarships, pensions, allowances that the victim had on the day of harm to his health;
other documents confirming the income of the victim, which are taken into account when determining the amount of lost earnings (income).
The insurance payment in terms of compensation for the lost earnings (income) of the victim is carried out at a time or as agreed between the insurer and the victim in equal monthly payments.
4.3. The amount of wages (income) to be compensated for by the injured person is determined as a percentage of his average monthly earnings (income) before injury or other damage to health or until he loses his ability to work, corresponding to the degree of loss of the victim's professional ability to work, and in the absence of professional ability to work - the degree of loss of general ability to work.
4.4. In case of causing harm to the life of the victim, the beneficiaries include persons who have the right, in accordance with civil law, to compensation for harm in the event of the death of the victim (breadwinner).
ConsultantPlus: note.
Paragraph two of clause 4.4 applied from April 1, 2015.
In the absence of persons specified in paragraph one of this paragraph , the spouse, parents, children of the victim, citizens who have the victim was dependent, if he did not have independent income, have the right to compensation for harm.
4.4.1. In order to receive an insurance payment, the persons specified in paragraph one of paragraph 4.4 provide the insurer with:
a statement containing information about the family members of the deceased victim, indicating the persons who were dependent on him and who have the right to receive maintenance from him;
birth certificate of the child (children), if at the time of the insured event, the deceased was dependent on minor children;
a certificate confirming the establishment of disability, if on the date of the occurrence of the insured event the dependents of the deceased were disabled;
a certificate from an educational organization stating that a family member of the deceased who has the right to receive compensation for harm is studying at this educational institution, if at the time of the occurrence of the insured event the dependents of the deceased were persons studying at an educational institution;
conclusion (certificate of a medical organization, social security authority) on the need for outside care, if at the time of the occurrence of the insured event the dependents of the deceased were persons who needed outside care;
certificate of the social security authority (medical organization, local government, employment service) that one of the parents, spouse or other family member of the deceased does not work and is busy caring for his relatives, if at the time of the insured event the dependents of the deceased were non-working members families caring for his relatives.
ConsultantPlus: note.
4.4.2. In order to receive an insurance payment, the persons specified in paragraph two of clause 4.4 provide the insurer with:
a copy of the death certificate;
marriage certificate if the spouse of the victim applies for insurance compensation;
birth certificate of the child (children) in the event that the parents or children of the victim apply for insurance compensation.
ConsultantPlus: note.
Subparagraph 4.4.3 (in terms of the maximum amount of insurance payment for harm caused to the life of the victim) applied from April 1, 2015.
4.4.3. Insurance payment to persons who, in accordance with this paragraph of the Rules, have the right to receive insurance compensation in the event of the death of the victim, is made in equal shares based on the total amount of 475 thousand rubles. The size of the shares is determined by the insurer as of the day the decision to make the insurance payment is made, based on the number of applications for payment submitted by persons entitled to receive insurance compensation in the event of the death of the victim, before the expiration of the period stipulated the third paragraph of clause 4.22 of these Rules.
4.4.4. A person who has the right to compensation for damage in the event of the death of the victim as a result of an insured event and who has submitted a claim to the insurer for an insurance payment after the insurance payment for this insured event has been distributed among the persons entitled to compensation for damage in the event of the death of the victim, has the right to demand from these persons to return the part of the insurance payment due in accordance with these Rules or demand payment of compensation from the person who caused harm to the life of the victim as a result of this insured event, in accordance with civil law.
4.4.5. In the event that during the life of the victim an insurance payment was made for causing harm to health, it is deducted from the amount of insurance payment for compensation for harm in connection with the death of the victim, which occurred as a result of the same insured event.
4.5. Persons who have incurred the necessary expenses for the burial of the deceased, upon presentation of a claim for compensation for harm, represent:
a copy of the death certificate;
documents confirming the expenses incurred for the burial.
Burial expenses are reimbursed in the amount of not more than 25 thousand rubles.
4.6. The victim, upon presentation of a claim for reimbursement of additional expenses incurred by him, caused by damage to health as a result of the occurrence of an insured event, as well as expenses for treatment and purchase of medicines, represents:
an extract from the medical history issued by a medical organization;
documents confirming payment for the services of a medical organization;
Documents confirming payment for purchased medicines.
4.7. The victim, upon presentation of a claim for reimbursement of additional expenses incurred by him, caused by damage to health as a result of an insured event (except for the costs of treatment and purchase of medicines), shall submit a medical report issued in accordance with the procedure established by the legislation of the Russian Federation, a conclusion of a medico-social or forensic medical examination on the need for additional nutrition, prosthetics, outside care, sanatorium treatment, special vehicles and other services.
4.7.1. When submitting a claim for reimbursement of expenses for additional meals:
a certificate from a medical organization on the composition of the daily supplementary food package required for the victim;
documents confirming the payment for the purchased products from the supplementary food set.
Expenses for additional meals are included in the insurance payment in the amount not exceeding 3 percent of the sum insured.
4.7.2. When submitting a claim for reimbursement of expenses for prosthetics (orthotics), documents confirming payment for prosthetics (orthotics) services.
4.7.3. When submitting a claim for reimbursement of expenses for outside care - documents confirming payment for outside care services.
4.7.4. Upon presentation of a claim for reimbursement of expenses for sanatorium treatment:
an extract from the medical history issued by the institution in which the spa treatment was carried out;
a copy of the sanatorium-resort voucher or other document confirming the receipt of sanatorium-resort treatment, duly certified;
documents confirming payment for a voucher for sanatorium treatment.
4.7.5. When submitting a claim for reimbursement of expenses for the purchase of special vehicles:
a copy of the passport of a special vehicle or a certificate of its registration;
documents confirming payment for the purchased special vehicle;
a copy of the contract in accordance with which the special vehicle was purchased.
4.7.6. Upon presentation to the victims of a claim for reimbursement of expenses related to training for another profession:
a copy of the contract with the organization providing vocational training (retraining);
proof of payment vocational training(retraining).
4.7.7. Upon presentation of a claim for reimbursement of expenses for medical rehabilitation and other expenses caused by damage to health as a result of an insured event (except for expenses for treatment and purchase of medicines):
documents of medical or other organizations confirming the need to receive relevant services or items;
documents confirming the payment of such expenses.
4.8. The insurer, in agreement with the victim, has the right to make a partial insurance payment on the basis of documents on the provision of services, the need for which was caused by an insured event, and on their payment, or pay these services directly to the medical organization that provided them.
4.9. The payment of the sum insured for harm caused to the life or health of the victim is made regardless of the amounts due to him under social security and contracts of compulsory and voluntary personal insurance.
4.10. Bodies of state social insurance and social security, as well as insurance medical organizations are not entitled to present recourse claims to the insurer that carries out compulsory insurance.
4.11. Until April 1, 2015, the amount of insurance payment for causing harm to the life of the victim is:
135 thousand rubles - to persons entitled, in accordance with civil law, to compensation for harm in the event of the death of the victim (breadwinner);
not more than 25 thousand rubles for reimbursement of burial expenses - to persons who have incurred these expenses.
At the same time, persons who, in accordance with civil law, have the right to compensation for harm in the event of the death of the victim (breadwinner), have the right to receive insurance compensation in the event of harm to the life of the victim (breadwinner).
Until April 1, 2015, in order to receive insurance compensation in case of causing harm to the life or health of the injured person, who are entitled to receive insurance compensation, provide the insurer with the documents provided for paragraphs 3.10, 4.1, 4.2 , paragraphs four - ten of paragraph 4.4, paragraphs 4.5 - 4.7 of these Rules.
Until April 1, 2015, the amount of insurance payment due to the victim in compensation for harm caused to his health is calculated by the insurer in the manner prescribed by the rules chapter 59 Civil Code of the Russian Federation.
4.12. In case of damage to the property of the victim, the following are subject to compensation within the sum insured:
in case of complete loss of the property of the victim - the actual value of the property on the day of the occurrence of the insured event, minus the cost of usable remains, in case of damage to the property - the costs necessary to bring the property to the state in which it was before the occurrence of the insured event;
other expenses incurred by the injured in connection with the harm caused (including the evacuation of the vehicle from the scene of the traffic accident, storage of the damaged vehicle, delivery of the injured to medical organization).
4.13. When causing damage to the property of the victim (vehicles, buildings, structures, structures, other property of individuals, legal entities), except for the documents provided for paragraph 3.10 of these Rules, the victim represents:
documents confirming the victim's ownership of the damaged property or the right to insurance payment in case of damage to property owned by another person;
the conclusion of an independent examination (assessment) on the amount of damage caused, if an independent examination (assessment) was carried out, or the conclusion of an independent technical examination on the circumstances and amount of damage caused to the vehicle, if such an examination was organized independently by the victim;
documents confirming payment for the services of an independent expert, if the examination was carried out and payment was made by the victims;
documents confirming the provision and payment of services for the evacuation of damaged property, if the victim requires reimbursement of the relevant costs. The expenses for the evacuation of the vehicle from the place of the traffic accident to the place of its repair or storage are subject to compensation;
documents confirming the provision and payment of services for the storage of damaged property, if the victim requires reimbursement of the relevant expenses. Storage expenses are reimbursed from the day of the traffic accident until the day the insurer conducts an inspection or an independent examination (assessment), based on the period specified by the insurer in the direction for an independent technical examination, independent examination (assessment), during which the relevant examination must be carried out ;
other documents that the victim has the right to submit in support of his claim for compensation for the harm caused to him, including estimates and invoices confirming the cost of repairing damaged property.
4.14. The injured person shall submit to the insurer the originals of the documents stipulated paragraph 4.13 of these Rules, or their duly certified copies.
To confirm payment for the purchased goods, work performed and (or) services rendered, the original documents are presented to the insurer.
4.15. The amount of insurance payment in case of damage to the property of the victim is determined by:
in case of complete loss of the property of the victim (if the repair of the damaged property is impossible or the cost of repairing the damaged property is equal to its value or exceeds its value as of the date of occurrence of the insured event) - in the amount of the actual value of the property as of the day of the occurrence of the insured event minus the cost of usable remains.
in case of damage to the property of the victim - in the amount of expenses necessary to bring the property to the state in which it was before the occurrence of the insured event (recovery expenses).
Recovery costs are paid on the basis of the average prevailing prices in the region, with the exception of cases where the victims receive compensation for the harm caused in kind.
In the event that the victims receive in-kind compensation for the damage caused, the recovery costs are paid by the insurer in accordance with the contract providing for the repair of the vehicles of the victims, concluded between the insurer and the station Maintenance vehicles, to which the vehicle of the victim was sent for repair.
When determining the amount of restoration costs, the wear of parts, assemblies and assemblies is taken into account. The amount of expenses for spare parts is determined taking into account the wear and tear of components (parts, assemblies and assemblies) to be replaced during restoration repairs. At the same time, depreciation of more than 50 percent of their value cannot be charged on the specified components (parts, assemblies and assemblies).
4.16. The cost of restoring damaged property includes:
expenses for materials and spare parts necessary for repair (recovery);
the cost of paying for the work associated with such repairs;
if the damaged property is not a vehicle - expenses for the delivery of materials and spare parts to the place of repair, expenses for the delivery of property to the place of repair and back, expenses for the delivery of repair teams to the place of repair and back.
Repair costs do not include incremental costs resulting from improvements and upgrades to property, and costs resulting from temporary or ancillary repairs or restoration.
4.17. Compensation for damage caused to the vehicle of the victim can be carried out:
by organizing and paying for the restoration repair of the damaged vehicle of the victim at the service station chosen by the victim in agreement with the insurer, with which the insurer has concluded an agreement providing for the obligation of the vehicle service station to carry out restoration repairs of the vehicles of the victims sent for repair by the insurer as part of the fulfillment of obligations under a compulsory insurance contract, and the obligation of the insurer to pay for such repairs of the vehicle service station at the expense of the insurance payment (compensation for damage in kind);
by issuing the amount of insurance payment to the victim (beneficiary) at the cash desk of the insurer or transferring the amount of insurance payment to the bank account of the victim (beneficiary) (cash or non-cash payment).
In the event that the insurer has concluded an appropriate agreement with the service station, the choice of the method of compensation for harm is carried out by the victim.
The choice of a service station by the victim in order to receive compensation in kind is carried out by him from among the stations proposed by the insurer, with which the latter has an appropriate contract. The contract of the insurer with the service station may provide for the criteria for accepting vehicles for repair, including depending on the specialization of the service station. In this case, the victim has the right to choose repair at such a service station as a method of compensation if the vehicle belonging to him meets the criteria specified in the contract between the insurer and the service station.
In case of indemnification of the caused damage in kind, the insurer shall issue to the victim within the terms stipulated paragraph 4.22 of these Rules, direction for repair. The repair request must include the following information:
about the victim who has been issued such a referral;
on a compulsory insurance contract, in order to fulfill obligations under which a referral for repairs was issued;
about the vehicle to be repaired;
the name and location of the service station where the victim's vehicle will be repaired and where the insurer will pay the cost of the restoration repair;
the timing of the repair;
on the amount of the possible surcharge of the victim for the restoration repair, due to the wear and tear of parts and assemblies replaced during the repair process and their replacement with new parts and assemblies, or the amount of wear and tear on the parts and assemblies to be replaced without specifying the amount of the surcharge (in this case, the amount of the surcharge is determined by the service station and indicated in the documents issued to the victim upon receipt of the vehicle).
The term for the repair is determined by the service station in agreement with the victim and is indicated by the service station when receiving the vehicle of the victim in the direction for repair or in another document issued to the victim. The specified period can be changed by agreement between the service station and the victim, about which the insurer must be informed.
Relations between the service station and the victim regarding the repair of the vehicle belonging to the victim are regulated by the legislation of the Russian Federation.
The obligations of the insurer to organize and pay for the restoration repair of the victim's vehicle are considered to be duly fulfilled by the insurer from the moment the victim receives the repaired vehicle. At the same time, the insurer that issued the referral for repairs is liable for the failure of the service station to comply with the deadline agreed with the victim for the transfer of the repaired vehicle to the victim, as well as for the violation of other obligations for the restoration of the victim’s vehicle. The liability of the insurer does not arise if the injured person has agreed to change the term for the transfer of the repaired vehicle or has accepted the repaired vehicle from the service station without indicating at the time of its acceptance that there are claims to the rendered restoration repair service.
Compensation for damage caused to the property of the victim, which is not a vehicle, as well as compensation for damage in the event of a complete destruction of the vehicle, is carried out in the manner prescribed paragraph three of this paragraph .
Settlement of issues related to identified hidden damage to the vehicle caused by an insured event is determined by the service station in agreement with the insurer and the victim and is indicated by the service station when receiving the victim’s vehicle for repair or in another document issued to the victim.
The procedure for settling the issues of payment for repairs not related to an insured event is determined by the vehicle service station in agreement with the victim and is indicated by the vehicle service station in the document issued to the victim upon acceptance of the vehicle for repair.
The insurance payment for each insured event cannot exceed the amount established by the Federal law "On Compulsory Insurance of Civil Liability of Vehicle Owners" the sum insured, and in the event of registration of a traffic accident without the participation of authorized police officers, cannot exceed the maximum the size the amount payable by the insurer in such a case.
Under compulsory insurance contracts concluded before October 1, 2014, the payment of insurance compensation for damage caused to the property of the victim (victims) is made subject to the following condition: if the insurance payment will be paid to several victims and the amount of their claims presented to the insurer on the day of the first insurance payment , exceeds the established sum insured, insurance payments are made in proportion to the ratio of this sum insured to the sum of the specified claims of the victims (taking into account the limitation of the amount of insurance payment in terms of compensation for damage caused to the property of one victim).
4.18. If a criminal case has been initiated on the fact of a traffic accident, the victim shall submit to the insurer the documents of the investigative and (or) judicial authorities on the initiation, suspension or refusal to initiate a criminal case, or a court decision that has entered into legal force.
4.19. The insurer has the right to independently request the bodies and organizations in accordance with their competence, determined by the legislation of the Russian Federation, to provide the documents provided for paragraphs 4.1, 4.2, 4.4 - 4.7, 4.13 and 4.18 of these Rules. The insurer has the right to request the provision of only those documents that are necessary to resolve the issue of insurance payment, taking into account the nature of the damage caused to a particular victim. The insurer has the right to make a decision on the insurance payment in case of failure to submit any of the documents specified in these Rules, if their absence does not affect the determination of the amount of the insurance payment.
Documents and conclusions necessary to resolve the issue of payment of sums insured under a compulsory insurance contract are provided at the insurer's request free of charge.
4.20. To obtain information about the existence of a valid at the time of the insured event diagnostic card containing information on the compliance of the vehicle with the mandatory safety requirements of vehicles, drawn up in relation to the vehicle, during the use of which the life, health or property of the victim was harmed, the insurer uses the information contained in the unified automated information system for technical inspection.
4.21. The policyholder shall take reasonable and available measures in the circumstances in order to reduce losses. Expenses incurred in order to reduce losses (providing a vehicle for delivering a victim of a traffic accident to a medical organization, participating in the elimination of the consequences of a traffic accident, etc.) are reimbursed by the insurer, even if the corresponding measures were unsuccessful. The degree of participation of the insured in reducing the damage caused by the vehicle, and the amount of reimbursement of costs are determined by agreement with the insurer.
4.22. The insurer considers the application of the victim for insurance payment or direct compensation for losses and the stipulated paragraphs 3.10, 4.1, 4.2, 4.4 - 4.7 and 4.13 of these Rules documents within 20 calendar days, except for non-working holidays, from the date of their receipt.
Within the specified period, the insurer is obliged to draw up a document confirming the decision of the insurer to make an insurance payment or direct compensation for losses, fixing the causes and circumstances of a traffic accident that is an insured event, its consequences, the nature and amount of the damage incurred, the amount of the sum insured payable (hereinafter - an act on an insured event), and make an insurance payment, and in the event that an application for an insurance payment containing an indication of compensation for damage in kind is received in accordance with these Rules, issue a referral for repairs to the victim (in the latter case, an act on an insured event is not drawn up by the insurer ) or send a written notice of denial of insurance payment or refusal to issue a referral for repairs, indicating the reasons for the refusal.
ConsultantPlus: note.
Paragraph three of paragraph 4.22 applied from April 1, 2015.
The insurer, within 15 calendar days, except for non-working holidays, from the date of acceptance of the first application for insurance payment in terms of compensation for harm caused to the life of the victim as a result of an insured event, accepts applications for insurance payment and stipulated paragraphs 3.10, 4.4, 4.5 of these Rules documents from other beneficiaries. Within five calendar days, except for non-working holidays, after the expiration of the specified period for accepting applications from persons entitled to compensation for harm in the event of the death of the victim, the insurer is obliged to draw up an act on the insured event, on the basis of it, decide on the implementation of the insurance payment, carry out insurance payment or send a written notice of a full or partial refusal to make an insurance payment, indicating the reasons for the refusal. Insurance payment in terms of compensation for harm caused to the life of the victim is carried out at a time.
In case of non-compliance with the term for making an insurance payment or compensation for damage in kind, the insurer for each day of delay pays the victim a penalty (penalty) in the amount of one percent of that determined in accordance with the Federal law "On Compulsory Insurance of Civil Liability of Vehicle Owners" of the amount of insurance payment.
If the deadline for sending the victim a reasoned refusal to pay the insurance payment is not met, the insurer pays him money for each day of delay in the form of a financial sanction in the amount of 0.05 percent of the amount established by the Federal law "On Compulsory Insurance of Civil Liability of Vehicle Owners" sum insured according to the type of harm caused.
The forfeit (penalty) or the amount of the financial sanction provided for by this paragraph in case of non-compliance with the term for making the insurance payment or the term for sending the victim a reasoned refusal to pay the insurance payment shall be paid to the victim on the basis of an application filed by him for the payment of such a penalty (penalty) or the amount of such a financial sanction, which indicates the form settlement (cash or non-cash), as well as bank details for which such a penalty (penalty) or the amount of such a financial sanction must be paid if the victim chooses a non-cash settlement procedure. In this case, the insurer is not entitled to require additional documents for their payment.
The total amount of the forfeit (fine), the amount of the financial sanction, which are payable to the victim - an individual, cannot exceed the amount of the sum insured by the type of harm caused, established by the Federal law "On Compulsory Insurance of Civil Liability of Vehicle Owners".
4.23. In the act of an insured event, on the basis of the available documents, the insurance payment is calculated and its size is indicated. A copy of the act on the insured event is transferred by the insurer to the injured (beneficiary) at his written request no later than three calendar days, except for non-working holidays, from the date the insurer receives such a claim (if the claim is received after drawing up the act on the insured event) or no later than three calendar days , with the exception of non-working holidays, from the date of drawing up the act on the insured event (upon receipt of a claim before drawing up the act on the insured event).
4.24. The victim has the right to demand from the insurer to make a part of the insurance payment corresponding to the actually determined part of the specified damage, until the amount of the damage to be compensated is fully determined. In this case, the insurer has the right to pay a part of the insurance payment corresponding to the actually determined part of the specified damage.
4.25. In the event of disagreement between the insurer and the victim regarding the amount of damage subject to compensation under the compulsory insurance contract, the insurer is in any case obliged to make an insurance payment in the part not disputed by him.
4.26. If an insurance payment, a denial of an insurance payment or a change in its amount depend on the results of proceedings in a criminal or civil case or a case of an administrative offense, the period for making the insurance payment or part of it may be extended until the end of the said proceedings and the entry into force of the court decision.
4.27. Compensation for damage is made by issuing the amount of insurance payment in cash or transferring it in a non-cash manner, as well as by issuing a referral for the repair of a damaged vehicle in accordance with
Chapter 5. Procedure for resolving disputes on compulsory insurance
5.1. If there are disagreements between the injured person and the insurer regarding the fulfillment by the latter of his obligations under the compulsory insurance contract before filing a claim against the insurer arising from non-fulfillment or improper fulfillment of obligations by him under the compulsory insurance contract, disagreement of the injured person with the amount of the insurance payment made by the insurer, the injured person sends the claim to the insurer with attached to it with documents substantiating the claim of the victim, which is subject to consideration by the insurer within the period established article 16.1 Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners".
The claim must be accompanied by documents that comply with the requirements of the legislation of the Russian Federation for their execution and content, confirming the validity of the claims of the victim (conclusion of an independent technical expertise, independent expertise (assessment), etc.).
The claim must contain:
the name of the insurer to whom it is sent;
full name, location address/surname, first name, patronymic (if any), place of residence or postal address of the victim (or other beneficiary), to which the response to the claim is sent if the insurer disagrees with the requirements;
claims against the insurer with a description of the circumstances that served as the basis for filing a claim with references to the provisions of regulatory legal acts of the Russian Federation;
bank details of the victim (or other beneficiary), for which it is necessary to make an insurance payment if the claim is recognized by the insurer as justified, or an indication of the receipt of funds at the cash desk of the insurer;
surname, name, patronymic (if any), position (in the case of filing a claim by a legal entity) of the person who signed the claim, his signature.
In the annex to the claim, the victim submits the originals or duly certified copies of the following documents (if any of the documents listed below was not submitted to the insurer earlier when applying for an insured event):
passport or other document proving the identity of the applicant; documents confirming the victim's ownership of the damaged property or the right to insurance payment in case of damage to property owned by another person;
a certificate of a traffic accident issued by the police body responsible for road safety, a protocol and a decision on an administrative offense or a ruling on refusal to initiate a case on an administrative offense. In the case of registration of documents on a traffic accident without the participation of authorized police officers, a notice of a traffic accident is provided;
the policy of compulsory insurance of the victim (in the case of drawing up documents on a traffic accident without the participation of authorized police officers), except in cases where a claim is made against the insurer that insured the civil liability of the victim.
The claim is submitted or sent to the insurer at the address of the location of the insurer or the representative of the insurer.
5.2. Based on the results of the consideration of the claim, the insurer is obliged to take one of the following actions:
make payment to the victim (or other beneficiary) according to the details specified in the claim;
send a denial of the claim. The grounds for refusing to satisfy the claim are: the filing of a claim by a person who is not a victim and has not provided a document confirming his authority (for example, a power of attorney);
non-submission of originals (duly certified copies) of documents substantiating the claims of the victim;
in case of receipt of payment in a non-cash manner, the absence in the claim of an indication of the bank details of the victim (or other beneficiary);
other grounds provided for by the legislation of the Russian Federation.
Refusal to satisfy the claim shall be sent by the insurer to the address indicated by the victim in the claim.
Federal Law of April 25, 2002 N 40-FZ "On Compulsory Insurance of Civil Liability of Vehicle Owners" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2002, N 18, Art. 1720; 2003, N 26, Art. 2566; 2005, N 1, 25; N 30, item 3114; 2006, N 48, item 4942; 2007, N 1, item 29; N 49, item 6067; 2008, N 30, item 3616; N 52, item 6236; 2009, N 1, item 17; N 9, item 1045; N 52, item 6420, item 6438; 2010, N 6, item 565; N 17, item 1988; 2011, N 1, 4; N 7, item 901; N 27, item 3881; N 29, item 4291; N 49, item 7040; 2012, N 25, item 3268; N 31, item 4319, item 4320; 2013, N 19, art. 2331; N 30, art. 4084; 2014, N 30, art. responsibility of vehicle owners (to this Regulation), the application form for the conclusion of an agreement on compulsory civil liability insurance responsibility of vehicle owners (to this Regulation), the form of an insurance policy of compulsory civil liability insurance of vehicle owners (to this Regulation), as well as the form of a document containing information about insurance (to this Regulation).
2. This Regulation is subject to official publication in the Bulletin of the Bank of Russia and, in accordance with the decision of the Board of Directors of the Bank of Russia (minutes of the meeting of the Board of Directors of the Bank of Russia dated September 16, 2014 No. 27), shall enter into force from the day the resolution of the Government of the Russian Federation on declaring invalid the Decree of the Government of the Russian Federation of May 7, 2003 N 263 "On approval of the Rules for compulsory insurance of civil liability of vehicle owners" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2003, N 20, art. 1897; 2006, N 36, art. 3833; N 52, item 5593; 2007, N 26, item 3193; 2008, N 9, item 862; N 14, item 1409; N 40, item 4549; 2009, N 33, item 4085; 2011, No. 42, article 5922; 2012, No. 3, article 444; No. 50, article 7055; 2013, No. 36, article 4578).
3. Paragraph four of clause 4.1, paragraph two of clause 4.4, (in terms of the maximum amount of insurance payment for harm caused to the life of the victim) of clause 4.4, paragraph three of clause 4.22 of Appendix 1 to this Regulation shall apply from April 1, 2015.
4. The second paragraph of clause 1.1, the second paragraph of clause 1.3 (with regard to the reference to the compulsory insurance policy in the form of an electronic document), Annex 1 to this Regulation shall apply from July 1, 2015.
5. Establish that until March 31, 2015 inclusive, insurers may use insurance policies issued prior to the entry into force of this Regulation when concluding compulsory third party liability insurance contracts for vehicle owners.
1.1. The contract of compulsory civil liability insurance of vehicle owners (hereinafter referred to as the compulsory insurance contract) is concluded for one year, except for the cases provided for by the "On Compulsory Insurance of Civil Liability of Vehicle Owners". The compulsory insurance contract is concluded in relation to the owner of the vehicle, the persons indicated by him in the compulsory insurance contract, or in relation to an unlimited number of persons admitted by the owner to drive the vehicle in accordance with the terms of the compulsory insurance contract, as well as other persons using the vehicle legally. basis.
A compulsory insurance contract can be concluded both by drawing up and issuing a compulsory insurance policy on paper to the insured, and by drawing up and sending him a compulsory insurance policy in the form of an electronic document in the cases and in the manner provided for by these Rules.
In order to conclude a compulsory insurance contract or make changes to it, the policyholder is obliged to provide his personal data, the personal data of the owner of the vehicle, and if the compulsory insurance contract being concluded provides for driving the vehicle by the drivers indicated by the insured, the personal data of each of these drivers, including in themselves the information and data that must be contained in the application for the conclusion of a contract of compulsory insurance and the documents necessary for the insurer to conclude a contract of compulsory insurance in accordance with the "On Compulsory Insurance of Civil Liability of Vehicle Owners".
1.2. In the case of limited use of the vehicle, the application for concluding a compulsory insurance contract shall indicate the period of use of the vehicle, as well as the drivers allowed to drive the vehicle.
When filling out an application for concluding a compulsory insurance contract, the insured does not fill out the "State registration mark", if by the time the contract of compulsory insurance is concluded, the vehicle, the owner of which he is, has not passed the state registration in the prescribed manner.
1.3. After the state registration of the vehicle and receipt of the state registration plate, the insured is obliged to inform the number of the state registration plate within three working days to the insurer, who, on the basis of the data received, makes an appropriate entry in the compulsory insurance policy form, and also enters the relevant information into the automated information system of compulsory insurance , created in accordance with the Federal Law "On compulsory insurance of civil liability of vehicle owners" (hereinafter referred to as the automated information system of compulsory insurance).
When performing registration actions in relation to the vehicle, the fulfillment of the obligation of its owner to insure its civil liability is confirmed by presenting to the employee of the registering body a compulsory insurance policy or information printed on paper on the conclusion of a compulsory insurance contract in the form of an electronic document.
1.4. The document certifying the implementation of compulsory insurance is an insurance policy of compulsory insurance, drawn up by the insurer in the form specified in this Regulation.
Simultaneously with the insurance policy, the policyholder is given a free list of representatives of the insurer in the constituent entities of the Russian Federation, containing information about the location and postal addresses of the insurer, as well as the means of communication with them and the time of their work, two forms of notification of a traffic accident.
Forms of notices of traffic accidents are additionally issued by the insurer free of charge at the request of a person whose liability is insured under a compulsory insurance contract.
The insurance policy of compulsory insurance is issued to the insured within the day of receipt of funds in the cash desk of the insurer in cash, and in case of payment of the insurance premium in a cashless manner - no later than the business day following the day the insurance premium is transferred to the settlement account of the insurer.
1.5. In order to conclude a contract of compulsory insurance, the owner of a vehicle has the right to choose any insurer providing compulsory insurance.
The insurer is not entitled to refuse to conclude a contract of compulsory insurance to the owner of a vehicle who has applied to him with an application for the conclusion of a contract of compulsory insurance and submitted documents in accordance with the "On Compulsory Insurance of Civil Liability of Vehicle Owners".
1.6. To conclude a compulsory insurance contract, the insured shall submit to the insurer the documents specified in the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners".
Cases of submission of documents necessary for the conclusion of a compulsory insurance contract in the form of electronic documents may be provided for by agreement of the parties.
The insurer is not entitled to require the insured to submit the original documents stipulated by the "On Compulsory Insurance of Civil Liability of Vehicle Owners" in the event that the insured concludes a compulsory insurance contract with the insurer with whom the previous compulsory insurance contract was concluded, if there is no information that the documents submitted by the insured copies of documents or electronic documents contain irrelevant information.
1.7. When concluding a compulsory insurance contract, the insurer has the right to inspect the vehicle, including at the place of residence of the insured - an individual (at the location of the insured - a legal entity), unless otherwise provided by agreement of the parties.
1.8. Together with the application for concluding a compulsory insurance contract, the policyholder shall provide the insurer with information about insurance received from the insurer with whom the previous compulsory insurance contract was concluded.
Information about insurance is not provided by a person concluding a compulsory insurance contract with an insurer with whom a previous compulsory insurance contract was concluded.
When concluding a compulsory insurance contract providing for driving a vehicle only by the drivers indicated by the insured, the insured shall provide the insurer with information on insurance in respect of each driver indicated by him.
When concluding a contract of compulsory insurance without restriction of persons admitted to driving a vehicle, the policyholder provides the insurer with information about insurance in relation to the owner of the vehicle.
When concluding a compulsory insurance contract, the insurer checks the compliance of the information on insurance provided by the insured and the information specified in the application for concluding a compulsory insurance contract with the information contained in the automated information system of compulsory insurance and in the unified automated information system for technical inspection.
If there is a discrepancy between the information provided by the insured and the information contained in the automated information system of compulsory insurance and (or) in the unified automated information system for technical inspection, the insurer concludes a contract of compulsory insurance based on the information provided by the insured, except for the cases provided for by these Rules. Information about the owners of vehicles who knowingly provided false information to the insurer, if this information led to a decrease in the amount of the insurance premium, is entered by the insurer into the automated information system of compulsory insurance and is used when concluding a compulsory insurance contract for a new term to apply the appropriate coefficient of insurance rates.
1.9. If the compulsory insurance contract specifies the limited use of the vehicle, the policyholder is obliged to immediately notify the insurer in writing before transferring control of the vehicle to a driver not specified in the compulsory insurance policy of the acquisition of the right to drive this vehicle, as well as changes the period of use of the vehicle compared to the period specified in the compulsory insurance contract. The policyholder is obliged to inform the insurer about the increase in the period of use of the vehicle before the expiration of the period of use of the vehicle specified in the compulsory insurance contract.
Regulation of the Bank of Russia dated September 19, 2014 N 431-P
"On the rules of compulsory insurance of civil liability of vehicle owners"
With changes and additions from:
May 24, 2015, November 14, 2016, April 6, August 11, December 25, 2017, April 16, 2018
1. On the basis of Article 5 and Clause 11 of Article 15 of the Federal Law of April 25, 2002 N 40-FZ "On Compulsory Insurance of Civil Liability of Vehicle Owners" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2002, N 18, Art. 1720; 2003, N 26, item 2566; 2005, N 1, item 25; N 30, item 3114; 2006, N 48, item 4942; 2007, N 1, item 29; N 49, item 6067; 2008, N 30, item 3616; N 52, item 6236; 2009, N 1, item 17; N 9, item 1045; N 52, item 6420, item 6438; 2010, N 6, item 565; N 17, item 1988; 2011, N 1, item 4; N 7, item 901; N 27, item 3881; N 29, item 4291; N 49, item 7040; 2012, N 25, item 3268; N 31, item 4319, item 4320; 2013, N 19, item 2331; N 30, item 4084; 2014, N 30, item 4224; N 45, item 6154; 2015, N 48, 6715; 2016, N 22, item 3094; N 26, item 3883; N 27, item 4293; 2017, N 14, item 2008; N 31, item 4746 (hereinafter - the Federal Law "On Mandatory civil liability insurance of vehicle owners"), this Regulation establishes the rules for mandatory art. insurance of civil liability of vehicle owners (Appendix 1 to this Regulation), the form of an application for the conclusion of an agreement on compulsory insurance of civil liability of vehicle owners (Appendix 2 to this Regulation), the form of an insurance policy of compulsory civil liability insurance of vehicle owners (Appendix 3 to this Regulation ), the form of a document containing information on insurance (Appendix 4 to this Regulation), the form of a traffic accident notification form (Appendix 5 to this Regulation) and the form of an application for insurance indemnity or direct compensation for losses (Appendix 6 to this Regulation).
2. This Regulation is subject to official publication in the Bulletin of the Bank of Russia and, in accordance with the decision of the Board of Directors of the Bank of Russia (minutes of the meeting of the Board of Directors of the Bank of Russia dated September 16, 2014 No. 27), shall enter into force from the date of entry into force of the resolution of the resolution of the Government of the Russian Federation dated May 7, 2003 N 263 "On Approval of the Rules for Compulsory Insurance of Civil Liability of Vehicle Owners" (Collected Legislation of the Russian Federation, 2003, N 20, Art. 1897; 2006, N 36, Art. 3833; N 52, Art. 5593; 2007, N 26, item 3193; 2008, N 9, item 862; N 14, item 1409; N 40, item 4549; 2009, N 33, item 4085; 2011, N 42, item 5922; 2012, N 3, item 444; N 50, item 7055; 2013, N 36, item 4578).
5. Establish that until March 31, 2015 inclusive, insurers may use forms of insurance policies prepared prior to the entry into force of this Regulation when concluding contracts for compulsory insurance of civil liability of vehicle owners.
6. Unless otherwise follows from the law, other legal acts or the essence of the legal relationship, this Regulation applies to persons who intend to conclude a contract of compulsory civil liability insurance of vehicle owners.
Registration N 34204
Since September 1, 2013, the Bank of Russia, and not the Government of the Russian Federation, has been authorized to approve OSAGO rules. An appropriate provision has been developed, taking into account the amendments made to the OSAGO Law.
The policy will be issued not only in paper form, but also in electronic form. As before, the validity period is 1 year.
The policy is issued within the day of receipt of funds in the cash desk of the insurer in cash, and in case of payment of the premium in a non-cash manner - no later than the working day following the day of transfer of funds.
The owner of the vehicle can choose any insurer. No one has the right to refuse the procedure when submitting an application and the necessary documents.
The insurance premium is calculated by the insurer on the basis of tariffs determined taking into account the requirements established by the Bank of Russia.
The provisions on independent technical expertise, on the execution of documents on road accidents without the participation of authorized police officers have been fixed.
Provides for the issuance of directions for repairs in case of compensation for damage in kind.
The application forms for concluding an OSAGO agreement, policy, information about insurance have been updated.
There are a number of transitional provisions in terms of determining insurance payments. So, until April 1, 2015, 135 thousand rubles are transferred for causing harm to the life of the victim. (persons entitled to compensation for harm in the event of the death of the victim); no more than 25 thousand rubles. - for burial.
Until March 31, 2015, inclusive, insurers are entitled to use policy forms prepared before the entry into force of the regulation.
The Regulation comes into force from the moment the OSAGO rules approved by the Government of the Russian Federation are declared invalid, with the exception of certain rules.
Regulation of the Bank of Russia dated September 19, 2014 N 431-P "On the rules for compulsory insurance of civil liability of vehicle owners"
Registration N 34204
This Regulation shall enter into force on the date of entry into force of the Decree of the Government of the Russian Federation on recognizing as invalid the Decree of the Government of the Russian Federation dated May 7, 2003 N 263 "On Approval of the Rules for Compulsory Insurance of Civil Liability of Vehicle Owners"
This document has been modified by the following documents.
