P 4.22 OSAGO rules. Documents required when applying for CTP. I. General provisions

14.07.2021

Rules for compulsory insurance of civil liability of vehicle owners

Approved
Government Decree
Russian Federation
dated May 7, 2003 No. 263

In accordance with the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners", the Government of the Russian Federation decides:
1. Approve the attached Rules of Compulsory Insurance of Civil Liability of Vehicle Owners.
2. This resolution shall enter into force on July 1, 2003.

Prime Minister
Russian Federation M.Kasyanov

I. General provisions

1. These Rules determine the standard conditions under which a contract of compulsory insurance of civil liability of vehicle owners is concluded (hereinafter referred to as a contract of compulsory insurance).

2. When carrying out compulsory insurance of civil liability of vehicle owners (hereinafter referred to as compulsory insurance), the insurer undertakes, for the fee (insurance premium) stipulated by the compulsory insurance contract, upon the occurrence of an event (insurable event) provided for by these Rules, to compensate the injured (third party) for losses incurred as a result of causing harm to his life, health or property.

3. Compulsory insurance in accordance with these Rules is not subject to the risk of civil liability of vehicle owners:

a) the maximum design speed of which is not more than 20 km/h;

b) which, due to their technical characteristics, are not subject to the provisions of the legislation of the Russian Federation on the admission of vehicles to participate in road traffic on the territory of the Russian Federation;

c) which are at the disposal of the Armed Forces of the Russian Federation, with the exception of buses, cars and trailers for them, other vehicles used to ensure the economic activities of the Armed Forces of the Russian Federation;

d) which are registered in foreign countries, if the civil liability of the owners of such vehicles is insured within the framework of international compulsory insurance systems, in which the Russian Federation is a participant.

4. The following concepts are used in these Rules:

"vehicle"- a device designed for the carriage by road of people, goods or equipment installed on it. A vehicle is also a trailer (semi-trailer and trailer-dissolution), not equipped with an engine and intended for movement in combination with a power-driven vehicle. The vehicle is allowed to participate in road traffic in accordance with the legislation of the Russian Federation;

"use of vehicle"- operation of a vehicle related to its participation in traffic within roads (traffic), except for railways, as well as on territories adjacent to them and intended for the movement of vehicles (yards, residential areas, parking lots, gas stations and other territory). The operation of equipment installed on a vehicle and not directly related to the participation of the vehicle in road traffic does not constitute the use of the vehicle;

"limited vehicle use"- driving a vehicle only by the drivers specified by the policyholder in the compulsory insurance policy and (or) its seasonal (temporary) use (during 6 or more months specified in the compulsory insurance contract in a calendar year);

"vehicle owner"- the owner of the vehicle, as well as a person who owns the vehicle on the right of economic management or the right of operational management or on another legal basis (lease right, power of attorney for the right to drive the vehicle, order of the relevant authority to transfer the vehicle to him, etc.). A person who drives a vehicle in the performance of his official or labor duties, including on the basis of an employment or civil law contract with the owner or other owner of the vehicle, is not the owner of the vehicle;

"driver" - a person who drives (uses a vehicle) on the right of possession, use, disposal, whose liability risk is insured under a compulsory insurance contract. This person, among other things, drives a vehicle on the basis of an employment contract (contract) or a civil law contract with the owner or other owner of the vehicle, the liability risk of which is insured in accordance with the compulsory insurance contract. When teaching how to drive a vehicle, the driver is considered to be a trainee;

"injured" - a person, including a passenger of the vehicle, whose life, health or property was harmed when the vehicle was used by the driver. The provisions of these Rules relating to the victims also apply to persons who have suffered damage as a result of the death of the breadwinner, the heirs of the victims, and to other persons who, in accordance with the legislation of the Russian Federation, are entitled to compensation for the specified harm;

"place of residence (location) of the victim"- determined in accordance with the civil legislation of the Russian Federation, the place of residence (location) of a citizen (legal entity) recognized as a victim;

"insured" - one of the owners of the vehicle, who has concluded a contract of compulsory insurance with the insurer and is obliged to pay the insurance premium;

"insurer" - an insurance organization that has the right to carry out compulsory insurance of civil liability of vehicle owners on the terms and in the manner established by the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" and these Rules in accordance with a permit (license) issued by a federal body executive power to supervise insurance activities;

"insurer representative"- a separate subdivision of the insurer (branch) in the constituent entity of the Russian Federation, exercising, within the limits provided for by the civil legislation of the Russian Federation, the powers of the insurer to consider the claims of victims for insurance payments and their implementation, or another insurer exercising these powers at the expense of the insurer that concluded the contract of compulsory insurance on the basis of the contract with the insurer;

"professional association of insurers"- a non-profit organization operating in accordance with the established procedure in order to ensure the interaction of insurers and the development of rules for professional activities;

"compulsory insurance policy"- a document of the established form, certifying the implementation of compulsory insurance;

"insurance rates"- price rates that determine the insurance premium under a compulsory insurance contract, taking into account the object of compulsory insurance and the nature of the insurance risk, established in accordance with the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners", used by insurers when determining the insurance premium under a compulsory insurance contract and consisting from base rates and coefficients;

"sum insured"- the amount of money in the currency of the Russian Federation determined by the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners", within which the insurer undertakes upon the occurrence of each insured event (regardless of their number during the term of the compulsory insurance contract) to compensate the victims for the harm caused;

"insurance premium"- the amount of money in the currency of the Russian Federation, which the insured is obliged to pay to the insurer in accordance with the contract of compulsory insurance;

"insurance payment"- the amount of money that, in accordance with the contract of compulsory insurance, the insurer is obliged to pay to the victims as compensation for harm caused to their life, health or property upon the occurrence of an insured event. In case of damage to property, the insurer, with the consent of the victim, has the right to replace the insurance payment with compensation for damage in kind, arrange for the repair or replacement of the damaged property within the sum insured;

"insurance report"- a document drawn up by the insurer after the victim has submitted an application for insurance payment, fixing the causes and circumstances of the traffic accident, which is an insured event, its consequences, the nature and amount of damage incurred, the amount of the sum insured to be paid and confirming the decision of the insurer to make insurance payment;

"compensation payments"- payments to the victim made by a professional association of insurers or by insurers acting at the expense of a professional association of insurers on the basis of an agreement concluded with it, to compensate for harm caused to the life or health of the victim, if the insurance payment cannot be made by the insurer due to non-performance by the person, the person who caused the damage, liability for insurance or bankruptcy proceedings against the insurer, or if this person is unknown;

"independent review"- an examination conducted in order to clarify the circumstances of causing harm and determine the amount of losses subject to compensation in connection with damage to property. In case of damage to the vehicle, in order to clarify the circumstances of the insured event, to establish damage to the vehicle, technology, methods and cost of repairs, an independent technical examination of the vehicle is carried out in accordance with the rules established by the Government of the Russian Federation.

II. Compulsory insurance object, insured event

5. The object of compulsory insurance is property interests associated with the risk of civil liability of the owner of the vehicle for obligations arising as a result of causing harm to the life, health or property of victims when using the vehicle on the territory of the Russian Federation.

6. A traffic accident is an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused. The provisions of these Rules, which regulate the behavior of participants in a road traffic accident, also apply in cases of harm to the victims when using the vehicle on the territories adjacent to the roads.

7. An insured event is the infliction of damage to the life, health or property of the victim as a result of a road traffic accident during the period of validity of the compulsory insurance contract by the owner of the vehicle, which entails the obligation of the insurer to make an insurance payment.

8. In accordance with these Rules, damage caused as a result of:

a) force majeure or intent of the victim;

b) the impact of a nuclear explosion, radiation or radioactive contamination;

c) military operations, as well as maneuvers or other military measures;

d) civil war, civil unrest or strikes.

9. The onset of civil liability of vehicle owners due to:

a) causing harm when using a vehicle other than the one specified in the compulsory insurance contract;

b) infliction of non-pecuniary damage or the emergence of an obligation to compensate for lost profits;

c) causing harm when using vehicles during competitions, tests or training driving in specially designated areas;

d) environmental pollution;

e) causing harm as a result of the impact of the transported cargo, if the risk of such liability is subject to compulsory insurance in accordance with the law on the relevant type of compulsory insurance;

f) causing harm to the life or health of employees in the performance of their labor duties, if this harm is subject to compensation in accordance with the law on the relevant type of compulsory insurance or compulsory social insurance;

g) the emergence of an obligation to compensate the employer for losses caused by causing harm to the employee;

h) causing damage by the driver to the vehicle he drives and the trailer to it, the cargo carried in them, the equipment installed on them;

i) causing damage when loading cargo onto a vehicle or unloading it;

j) causing harm when a vehicle moves through the internal territory of the organization;

k) damage or destruction of antique and other unique items, buildings and structures of historical and cultural significance, products made of precious metals and precious and semi-precious stones, cash, securities, objects of religious worship, as well as works of science, literature and art, other objects of intellectual property;

l) the obligation of the owner of the vehicle to compensate for damage in excess of the amount of liability provided for in Chapter 59 of the Civil Code of the Russian Federation arises (if a higher amount of liability is established by federal law or an agreement).

III. Sum insured, insurance premium and the procedure for its payment

10. The insurance amount within which the insurer undertakes upon the occurrence of each insured event (regardless of their number during the term of the compulsory insurance contract) to compensate the injured for the harm caused, is in accordance with the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" 400 thousand rubles, including:

240 thousand rubles for causing harm to the life or health of several victims and not more than 160 thousand rubles for causing harm to the life or health of one victim;

160 thousand rubles in case of damage to the property of several victims and no more than 120 thousand rubles in case of damage to the property of one victim.

The insurance payment for each insured event cannot exceed the amount of the established sum insured.

The insurance premium is determined in accordance with the insurance rates established by the Government of the Russian Federation.

A change by the Government of the Russian Federation of insurance rates during the term of the compulsory insurance contract does not entail a change in the insurance premium paid by the insured according to the insurance rates in force at the time of payment.

11. The calculation of the insurance premium under the 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 the compulsory insurance contract.

If the terms of the compulsory insurance contract are changed during the period of its validity, as well as in other cases provided for by these Rules, the insurance premium may be adjusted 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.

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 3 working days from the date of receipt of the relevant written application from the insured.

12. An insurance premium under a compulsory insurance contract shall be paid by the insured to the insurer in cash or by bank transfer upon conclusion of the compulsory insurance contract.

The date of payment of the insurance premium is either the day the insurance premium is paid in cash to the insurer, or the day the insurance premium is transferred to the current account of the insurer.

IV. Validity period, procedure for concluding and amending the contract of compulsory insurance

13. The compulsory insurance contract is concluded for 1 year and is renewed annually, except for the cases provided for in this paragraph.

Owners of vehicles registered in foreign countries and temporarily used on the territory of the Russian Federation conclude a compulsory insurance contract for the entire period of temporary use of such vehicles, but not less than 15 calendar days.

When purchasing a vehicle (purchase, inheritance, acceptance as a gift, etc.), its owner has the right to conclude a compulsory insurance contract for the period of travel to the place of registration of the vehicle. When registering a vehicle, its owner must present to the employee of the registration authority a compulsory insurance policy confirming the conclusion of a compulsory insurance contract for a period of 1 year.

14. The owner of a vehicle has the right to freely choose an insurer who provides compulsory insurance.

The insurer is not entitled to refuse to conclude a contract of compulsory insurance to the owner of the vehicle who has applied to him with an application for the conclusion of a contract of compulsory insurance and submitted documents in accordance with these Rules.

15. To conclude a compulsory insurance contract, the insured shall submit the following documents to the insurer:

a) an application for the conclusion of a compulsory insurance contract in the form in accordance with Appendix No. 1;

b) passport or other identity card (if the insured is an individual);

c) certificate of registration of a legal entity (if the insured is a legal entity registered in the Russian Federation);

d) passport of the vehicle or certificate of registration of the vehicle indicated in the application for the conclusion of the contract of compulsory insurance of the vehicle;

e) a power of attorney to drive the vehicle indicated in the application for the conclusion of a compulsory insurance contract or another document confirming the right to own this vehicle;

f) a driver's license (or a copy thereof) of a person authorized to drive a vehicle, as well as documents confirming the driver's right to drive a vehicle (if the compulsory insurance contract is concluded with the condition that only certain persons are allowed to drive the vehicle).

16. By agreement of the parties, the insured has the right to submit copies of the documents necessary for concluding a contract of compulsory insurance.

The policyholder is responsible for the completeness and accuracy of the information and documents submitted to the insurer.

17. When filling out an application for concluding a compulsory insurance contract, the policyholder does not fill in the line "State registration mark", if by the time the contract of compulsory insurance is concluded, the vehicle owned by him has not passed the state registration in the prescribed manner. After state registration of the vehicle and receipt of the state registration plate, the insured is obliged to report the number of the state registration plate within 3 working days to the insurer, who, on the basis of the data received, makes an appropriate entry in the compulsory insurance policy form.

18. When concluding a compulsory insurance contract, the owner of a vehicle registered in a foreign state and temporarily used on the territory of the Russian Federation shall submit the documents provided for in subparagraphs "b", "d" and "e" of paragraph 15 of these Rules.

19. When concluding a compulsory insurance contract, the insurer has the right to inspect the vehicle at the place of residence of the insured (at the location of the legal entity), unless otherwise follows from the agreement of the parties.

20. Together with the application for the conclusion of a compulsory insurance contract, the policyholder shall provide information on the number and nature of the insured events that have occurred, on the insurance payments made and on the forthcoming insurance payments, the insurance period, the claims of the victims under consideration and unsettled, insurance payments and other information on insurance during the period of validity of the compulsory insurance contract. insurance (hereinafter referred to as - insurance information) provided to him by the insurer with whom the last compulsory insurance contract was concluded, in the manner prescribed by paragraph 35 of these Rules.

Information about insurance is not provided by a person who enters into a compulsory insurance contract for the first time or concludes a compulsory insurance contract in respect of a newly acquired vehicle, as well as by a person who annually renews a compulsory insurance contract with one insurer.

When concluding a compulsory insurance contract providing for driving a vehicle only by drivers specified by the policyholder (limited use), the policyholder shall provide the insurer with information about insurance in respect of each driver specified by him.

21. Citizens have the right to conclude a contract of compulsory insurance, taking into account the limited use of vehicles belonging to them. The period of use of the vehicle during the year, as well as the drivers allowed to drive it, are indicated in the application for the conclusion of a compulsory insurance contract.

22. During the validity period of the compulsory insurance contract, the insured shall be obliged to immediately notify the insurer in writing of changes in the information specified in the application for conclusion of the compulsory insurance contract.

23. Upon receipt from the insured of an application for changing the information specified in the application for concluding a compulsory insurance contract and (or) presented at the conclusion of a compulsory insurance contract, the insurer has the right to demand from the insured to pay an additional insurance premium, if necessary, in proportion to the increase in the degree of risk and reissue the insurance policy of compulsory insurance based on insurance rates for compulsory insurance.

If the changes reported by the insured relate to the information contained in the insurance policy of compulsory insurance, a special sign of the state sample, then the insurance policy of compulsory insurance and the special sign of the state sample must be returned to the insurer, who is obliged to issue to the insured within 2 working days a reissued (new) insurance policy of compulsory insurance and a special sign of the state sample. The insurance policy of compulsory insurance returned by the insured and the special sign of the state sample are kept by the insurer together with the second copies of the reissued (new) documents. On the initial and reissued compulsory insurance policy, a note is made about the reissuance, indicating the date of reissuance and the numbers of the compulsory insurance policy (initial and reissued).

24. The document certifying the implementation of compulsory insurance is an insurance policy of compulsory insurance, drawn up by the insurer in the form in accordance with Appendix No. 2.

The compulsory insurance policy form has a single form throughout the Russian Federation and is a document of strict accountability.

A compulsory insurance policy is issued to a person whose liability is insured under a compulsory insurance contract, indicating the vehicle and (or) trailer being used.

Simultaneously with the insurance policy, the policyholder is given free of charge a list of representatives of the insurer in the constituent entities of the Russian Federation, a special sign of the state sample in the form in accordance with Appendix No. 3, the text of these Rules, 2 forms of notification of a traffic accident in the form approved by the Ministry of Internal Affairs of the Russian Federation in agreement with Ministry of Finance of the Russian Federation.

In the future, traffic accident notification forms are 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 immediately upon payment of the insurance premium in cash, and in case of its payment by bank transfer - no later than the working day following the day of transferring the insurance premium to the insurer's settlement account.

In case of loss of an insurance policy of compulsory insurance and a special sign of the state sample, the insured has the right to receive their duplicates. In this case, the second and subsequent duplicates are issued to the insured for a fee calculated based on the costs of their production.

25. Compulsory insurance may be carried out under one compulsory insurance contract jointly by several insurers (co-insurance).

In co-insurance, a compulsory insurance contract is concluded with the insured by one insurer on behalf of all insurers participating in co-insurance. In relations with the insured and the victim, the specified insurer has all the rights and bears all the obligations under the contract of compulsory insurance (co-insurance). At the same time, insurers participating in co-insurance must have a license to conduct compulsory insurance and bear joint and several liability to the victim for making insurance payments.

The insurers participating in co-insurance are indicated in the compulsory insurance policy.

26. Policyholders who have entered into a compulsory insurance contract and use vehicles for the carriage of passengers are obliged to inform passengers about their rights and obligations arising from the compulsory insurance contract.

27. The driver of a vehicle participating in road traffic must have a compulsory insurance policy and a special sign of the state standard.

V. The procedure for extending the term of the contract of compulsory insurance

28. The term of the compulsory insurance contract shall be extended for the next year, if the insured has not submitted to the insurer a written application on refusal to extend the term of the contract not later than 2 months before the expiration of this contract.

If the insured refuses to extend the term of the compulsory insurance contract, he must receive a certificate from the insurer containing information about insurance in accordance with paragraph 35 of these Rules.

If the policyholder fails to notify the insurer within the specified period of refusal to extend the period of validity of the compulsory insurance contract, the contract with this insurer shall be considered extended. The extension of the term of the insurance contract is carried out by issuing an insurance policy of compulsory insurance in the manner prescribed by paragraph 24 of these Rules.

29. When extending the term of the compulsory insurance contract with the insurer with which the previous compulsory insurance contract was concluded, filing an application for concluding a compulsory insurance contract and providing the insured with information about insurance under previously concluded compulsory insurance contracts is not required if the information specified earlier in the application on the conclusion of a compulsory insurance contract, have not changed.

30. In the event of an extension of the term of the compulsory insurance contract, this period is indicated in the compulsory insurance policy and begins to operate from 00:00 on the day following the expiration date of the previous compulsory insurance contract (compulsory insurance policy), except for contracts concluded on a period of less than a year in accordance with paragraph 13 of these Rules.

When extending the period of validity of the compulsory insurance contract, the insurance premium is paid in accordance with the insurance tariffs in force at the time of its payment.

When determining the amount of the insurance premium in the event of an extension of the term of the compulsory insurance contract, the insurer takes into account the presence or absence of insurance payments made for the expired term of the compulsory insurance contract.

31. In case of delay by the insured in paying the insurance premium under the compulsory insurance contract, the validity of which has been extended, by no more than 30 calendar days and the occurrence of an insured event during this period, the insurer is not released from the obligation to make an insurance payment.

In case of delay by the insured in paying the insurance premium for more than 30 calendar days, the compulsory insurance contract shall be terminated.

32. An insurance policy of compulsory insurance and a special sign of the state standard upon extension of the term of the contract of compulsory insurance shall be issued by the insurer to the insured upon payment by the insured of the insurance premium in accordance with paragraph 24 of these Rules.

VI. Early termination of the compulsory insurance contract

33. The operation of the compulsory insurance contract is terminated ahead of schedule in the following cases:

a) the death of a citizen - the insured, if his rights and obligations under the compulsory insurance contract have not been transferred to other persons;

b) liquidation of the legal entity - the insured;

c) revocation of the license of the insurer in accordance with the procedure established by the legislation of the Russian Federation, and (or) liquidation of the insurer;

d) termination of the compulsory insurance contract at the initiative of the insurer due to the non-payment of the insurance premium by the insured within the established period when extending the term of the compulsory insurance contract;

e) the policyholder's refusal to extend the contract of compulsory insurance with the insurer with whom the contract was concluded;

f) replacement of the owner of the vehicle;

g) total destruction (loss) of the vehicle specified in the compulsory insurance policy;

h) provision by the insured to the insurer of false or incomplete data when concluding a compulsory insurance contract that is essential for determining the degree of insured risk;

i) other cases stipulated by the legislation of the Russian Federation.

34. In the event of termination of the compulsory insurance contract on one of the grounds provided for in subparagraphs "b", "d", "e", "h" of paragraph 33 of these Rules, the insurance premium under the compulsory insurance contract shall not be returned to the insured, unless otherwise provided in the contract (insurance policy of compulsory insurance). In other cases, the insurer returns to the insured part of the insurance premium for the unexpired term of the compulsory insurance contract.

Part of the insurance premium is returned to the insured (his legal representatives, heirs) within 14 calendar days from the date of receipt by the insurer of information on the cases specified in clause 33 of these Rules, or the insured's application for termination of the compulsory insurance contract.

35. Upon termination of the contract of compulsory insurance, the insurer is obliged to provide the policyholder with information about insurance in the form in accordance with Appendix No. 4. Information about insurance is provided by the insurer within 5 days from the date of the relevant application of the insurant. There is no charge for providing information.

During the period of validity of the compulsory insurance contract at the request of the insured or the driver specified in the compulsory insurance policy (when concluding a compulsory insurance contract taking into account the limited use of the vehicle), information on compulsory insurance is also provided by the insurer in the manner established by this paragraph.

36. A compulsory insurance contract may be declared invalid by a court from the moment of its conclusion in the manner prescribed by the legislation of the Russian Federation.

(see text in previous edition)

1. The victim shall have the right to present to the insurer a claim for compensation for harm caused to his life, health or property when using the vehicle, within the sum insured established by this Federal Law, by presenting to the insurer an application for insurance indemnity or direct compensation for losses and documents stipulated by the rules of mandatory insurance.

(see text in previous edition)

An application for insurance compensation in connection with the infliction of harm to the life or health of the victim shall be sent to the insurer that has insured the civil liability of the person who caused the harm. An application for insurance compensation in connection with the infliction of damage to the property of the victim is sent to the insurer that insured the civil liability of the person who caused the damage, and in the cases provided for by Clause 1 of Article 14.1 of this Federal Law, an application for direct compensation for losses is sent to the insurer that insured the civil liability of the victim.

(see text in previous edition)

An application of the victim containing a claim for insurance compensation or direct compensation for losses in connection with harm to his life, health or property when using a vehicle, with the attached documents provided for by the rules of compulsory insurance, is sent to the insurer at the location of the insurer or the representative of the insurer authorized by the insurer for consideration of the specified claims of the victim and the implementation of insurance compensation or direct compensation for losses.

(see text in previous edition)

The location and postal addresses of the insurer, as well as all representatives of the insurer, means of communication with them and information about their working hours must be indicated in the list of representatives of the insurer, which is an annex to the insurance policy.

If the documents confirming the fact of the occurrence of the insured event and the amount of damage subject to compensation by the insurer are insufficient, the insurer, within three working days from the date of their receipt by mail, and in case of a personal appeal to the insurer on the day of applying for insurance compensation or direct compensation for losses, is obliged to inform about this to the victim, indicating the full list of missing and (or) incorrectly executed documents.

(see text in previous edition)

The exchange of the necessary insurance indemnity documents to verify their completeness, at the request of the victim, may be carried out in electronic form, which does not exempt the victim from submitting documents in writing to the insurer on insurance indemnity at the location of the insurer or the representative of the insurer. The insurer is obliged to ensure that the applicant's appeal sent in the form of an electronic document is considered and a response is sent to him within the period agreed by the applicant with the insurer, but no later than three working days from the date of receipt of the specified appeal.

(see text in previous edition)

The insurer shall not have the right to demand from the victim the submission of documents not provided for by the rules of compulsory insurance.

2. The insurance payment due to the victim for causing harm to his health as a result of a traffic accident is carried out in accordance with this Federal Law to compensate for the costs associated with restoring the health of the victim, and his lost earnings (income) in connection with the infliction of harm to health as a result of a traffic accident.

The insurance payment for causing harm to health in terms of reimbursement of the necessary expenses for restoring the health of the victim is carried out by the insurer on the basis of documents issued by authorized police officers and confirming the fact of a traffic accident, and medical documents submitted by medical organizations that provided medical assistance to the victim in connection with with an insured event, indicating the nature and degree of damage to the health of the victim. The amount of insurance payment in terms of reimbursement of the necessary expenses for restoring the health of the victim is determined in accordance with the standards and in the manner established by the Government of the Russian Federation, depending on the nature and degree of damage to the health of the victim within the insurance amount established by subparagraph "a" of Article 7

Information about the number of the insurance policy and the name of the insurer that insured the civil liability of the owner of the vehicle guilty of a traffic accident is reported to the pedestrian injured in such a traffic accident or his representative on the day of contacting the police department, whose employees processed documents about such traffic accident.

3. After making, in accordance with paragraph 2 of this article, an insurance payment to the victim for causing harm to his health, the insurer shall additionally make an insurance payment in the following case:

a) if, based on the results of a medical examination or research conducted, including by institutions of forensic medical examination in the proceedings on an administrative offense, criminal proceedings, as well as on the application of the victim, it is established that the nature and degree of damage to the victim’s health correspond to a larger amount insurance payment than was originally determined on the basis of the standards established by the Government of the Russian Federation. The amount of the additional insurance payment made is determined by the insurer as the difference between the amount payable corresponding to the established nature of damage to the health of the victim according to the expert opinion submitted by him, and the insurance payment previously made in accordance with paragraph 2 of this article for causing harm to the health of the victim;

b) if, as a result of harm caused to the health of the victim as a result of a road traffic accident, according to the results of a medical and social examination, a disability group or category "disabled child" was established for the victim. The amount of the additional insurance payment made is determined by the insurer as the difference between the amount payable corresponding to the disability group indicated in the conclusion of the medical and social examination or the category "disabled child" according to the standards established by the Government of the Russian Federation, and previously made in accordance with paragraph 2 of this article of the insurance payment for harm to the health of the victim.

4. In the event that the additional expenses incurred by the victim for the treatment and restoration of the victim’s health damaged as a result of a road traffic accident (expenses for medical rehabilitation, purchase of medicines, prosthetics, orthotics, outside care, sanatorium treatment and other expenses) and lost of the injured in connection with the infliction of harm to his health as a result of a road traffic accident, the earnings (income) exceeded the amount of the insurance payment made to the victim in accordance with paragraphs 2 and this article, the insurer reimburses these costs and lost earnings (income) upon confirmation that the victim needed in these types of assistance, as well as documentary evidence of the amount of lost earnings (income) that the victim had or could definitely have at the time of the insured event. The amount of the insurance payment made in accordance with this paragraph is determined by the insurer as the difference between the lost earnings (income) of the victim, as well as additional expenses, confirmed by documents that are provided for by the rules of compulsory insurance, and the total amount of the insurance payment made in accordance with paragraphs 2 and this article for harm to the health of the victim.

5. Insurance payment in terms of compensation for the lost earnings (income) of the victim is carried out at a time or in another manner established by the rules of compulsory insurance.

The total amount of insurance payment for causing harm to the health of the victim, carried out in accordance with paragraphs 2 - of this article, may not exceed the insurance amount established by subparagraph "a" of article 7 of this Federal Law.

Insurance payment for causing harm to the health of the victim is carried out to the victim or persons who are representatives of the victim and whose authority to receive insurance payment is duly certified.

6. In the event of the death of the victim, the right to compensation for harm shall be enjoyed by persons who have the right, in accordance with civil law, to compensation for harm in the event of the death of the breadwinner, in the absence of such persons - the spouse, parents, children of the victim, citizens with whom the victim was dependent, if he had no independent income (beneficiaries).

7. The amount of insurance payment for causing harm to the life of the victim is:

not more than 25,000 rubles in compensation for burial expenses - to persons who have incurred such expenses.

8. The insurer, within 15 calendar days, except for non-working holidays, from the date of acceptance of the first application for insurance compensation in terms of compensation for harm caused to the life of the victim as a result of an insured event, accepts applications for insurance compensation and documents provided for by the rules of compulsory insurance from other beneficiaries . Within five calendar days, except for non-working holidays, after the expiration of the specified period for accepting applications from persons entitled to compensation for harm in the event of the death of the victim, the insurer shall pay the insurance payment.

(see text in previous edition)

The insurance payment, the amount of which is established by paragraph two of clause 7 of this article, shall be distributed equally among the persons entitled to compensation for harm in the event of the death of the victim. The insurance payment in terms of compensation for harm caused to the life of the victim is carried out at a time.

A person who has the right to compensation for damage in the event of the death of the victim as a result of an insured event and who has submitted a claim to the insurer for insurance compensation after the insurance payment for this insured event has been distributed among the persons entitled to compensation for damage in the event of the death of the victim, has the right to demand from these persons to return the part of the insurance payment due in accordance with this Federal Law or to demand payment of compensation for harm from the person who caused harm to the life of the victim as a result of this insured event, in accordance with civil law.

(see text in previous edition)

9. The victim or the beneficiary is obliged to provide the insurer with all documents and evidence, as well as provide all information known to him, confirming the amount and nature of the harm caused to the life or health of the victim.

9.1. If several participants in a road traffic accident are found liable for harm caused to the life or health of the victim in the occurrence of the same insured event, the insurers jointly and severally make insurance payment to the victim in terms of compensation for the specified harm in the manner prescribed by paragraph 22 of this article. In this case, the total amount of the insurance payment made by the insurers may not exceed the amount of the insurance amount provided for by subparagraph "a" of Article 7 of this Federal Law.

10. In case of causing damage to property in order to clarify the circumstances of the damage and determine the amount of losses subject to compensation by the insurer, the victim, who intends to exercise his right to insurance indemnity or direct compensation for losses, within five working days from the date of filing the application for insurance indemnity and the documents attached to it in accordance with the rules of compulsory insurance of documents, is obliged to present the damaged vehicle or its remains for inspection and (or) an independent technical examination conducted in the manner established by Article 12.1 of this Federal Law, other property for examination and (or) an independent examination (assessment) conducted by in the manner established by the legislation of the Russian Federation, taking into account the specifics established by this Federal Law.

(see text in previous edition)

In the event that the inspection and (or) independent technical expertise, independent expertise (assessment) of the damaged vehicle, other property or its remains presented by the victim do not allow to reliably establish the existence of an insured event and determine the amount of losses subject to compensation under the compulsory insurance contract, to clarify of these circumstances, the insurer, within 10 working days from the date of submission of an application for insurance compensation by the injured party, has the right to inspect the vehicle, during the use of which the property of the injured party was damaged, and (or) at its own expense, organize and pay for an independent technical examination in relation to this vehicle in in the manner established by Article 12.1 of this Federal Law. The owner of the vehicle, during the use of which the property of the victim was damaged, is obliged to present this vehicle at the request of the insurer.

(see text in previous edition)

If the nature of the damage or the features of the damaged vehicle or other property exclude its submission for inspection and independent technical expertise, independent expertise (assessment) at the location of the insurer and (or) expert (for example, damage to the vehicle, excluding its participation in the road movement), this is indicated in the application and the specified inspection and independent technical expertise, independent expertise (assessment) are carried out at the location of the damaged property within a period of not more than five working days from the date of submission of the application for insurance compensation and attached to it in accordance with the rules compulsory insurance of documents.

(see text in previous edition)

11. The insurer is obliged to inspect the damaged vehicle, other property or its remains and (or) organize their independent technical expertise, independent expertise (assessment) within a period of not more than five working days from the date of receipt of an application for insurance compensation or direct compensation for losses with attached documents stipulated by the rules of compulsory insurance, and familiarize the victim with the results of the inspection and independent technical expertise, independent expertise (assessment), unless a different period is agreed by the insurer with the victim. An independent technical expertise or an independent expertise (assessment) is organized by the insurer in the event of discrepancies between the victim and the insurer regarding the nature and list of visible damage to property and (or) the circumstances of causing harm in connection with damage to property as a result of a traffic accident.

(see text in previous edition)

In the event that the injured property or its remains are not presented for inspection and (or) independent technical expertise, independent expertise (assessment) on the date agreed with the insurer, the insurer agrees with the victim a new date for inspection and (or) independent technical expertise, independent expertise (assessment) of the damaged property or its remains. In this case, in the event that the injured person fails to fulfill the obligation established by paragraphs 10 and this article to present the damaged property or its remains for inspection and (or) independent technical expertise, independent expertise (assessment), the period for the insurer to make a decision on insurance compensation, determined in accordance with paragraph 21 of this article , may be extended for a period not exceeding the number of days between the date of submission of the damaged property or its remains to the victim and the date of inspection and (or) independent technical expertise, independent expertise (assessment) agreed with the victim, but not more than 20 calendar days, for except for non-working holidays.

(see text in previous edition)

The compulsory insurance contract may provide for other periods during which the insurer is obliged to arrive for inspection and (or) independent technical expertise, independent expertise (assessment) of damaged property or its remains, if they are carried out in hard-to-reach, remote or sparsely populated areas.

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 in accordance with paragraphs one and two of this paragraph, the victim is not entitled to independently organize an independent technical expertise or independent expertise ( assessment) on the basis of paragraph two of clause 13 of this article, and the insurer has the right to return without consideration the application submitted by the victim for insurance compensation or direct compensation for losses along with the documents provided for by the rules of compulsory insurance.

(see text in previous edition)

The results of an independent technical examination, independent examination (assessment) of damaged property or its remains independently organized by the victim are not accepted for determining the amount of insurance compensation if the victim did not submit the damaged property or its remains for inspection and (or) independent technical examination, independent examination ( estimates) on the dates agreed with the insurer in accordance with the first and second paragraphs of this clause.

(see text in previous edition)

In the event that the insurer returns to the victim, on the basis of paragraph four of this clause, an application for insurance compensation or direct compensation for losses, together with the documents provided for by the rules of compulsory insurance, the time limits established by this Federal Law for the insurer to inspect the damaged property or its remains and (or) organize their independent technical expertise , independent examination (assessment), as well as the terms for the insurer to make an insurance payment or issue a referral to the victim for repairs or send him a reasoned refusal in insurance compensation are calculated from the day the injured insurer re-submits to the injured insurer an application for insurance compensation or direct compensation for losses, together with the documents provided for by the rules of mandatory insurance.

(see text in previous edition)

12. If, based on the results of the inspection of the damaged property or its remains, carried out by the insurer, the insurer and the victim agreed on the amount of insurance compensation and do not insist on organizing an independent technical examination or an independent examination (assessment) of the damaged property or its remains, the examination is not carried out.

(see text in previous edition)

13. If, after inspection of the damaged property or its remains by the insurer, the insurer and the victim did not reach an agreement on the amount of insurance compensation, the insurer is obliged to organize an independent technical examination, an independent examination (assessment), and the victim - to submit the damaged property or its remains for an independent technical examination. , independent expertise (assessment).

(see text in previous edition)

If the insurer has not examined the damaged property or its remains and (or) has not organized an independent technical examination, an independent examination (valuation) of the damaged property or its remains within the period established by paragraph 11 of this article, the victim has the right to apply independently for a technical examination or examination (assessment). In this case, the results of an independent technical examination, an independent examination (assessment) independently organized by the victim, are accepted by the insurer to determine the amount of insurance compensation.

(see text in previous edition)

14. The cost of an independent technical expertise, an independent expertise (assessment), on the basis of which the insurance compensation is carried out, is included in the composition of losses subject to compensation by the insurer under the compulsory insurance contract.

(see text in previous edition)

15. Insurance compensation for damage caused to the vehicle of the victim (with the exception of cars owned by citizens and registered in the Russian Federation) may be carried out at the choice of the victim:

(see text in previous edition)

by organizing and paying for the restoration repair of the damaged vehicle of the victim at the service station, which is selected by the victim in agreement with the insurer in accordance with the rules of compulsory insurance and with which the insurer has concluded an agreement for the organization of restoration repairs (compensation for damage in kind);

(see text in previous edition)

by issuing the amount of insurance payment to the victim (beneficiary) at the cash desk of the insurer or transferring the amount of insurance payment to the bank account of the victim (beneficiary) (cash or non-cash payment).

(see text in previous edition)

15.1. Insurance compensation for damage caused to a passenger car owned by a citizen and registered in the Russian Federation is carried out (except for the cases established by paragraph 16.1 of this article) in accordance with paragraph 15.2 of this article or in accordance with paragraph 15.3 of this article by organizing and (or ) payment for the restoration repair of the damaged vehicle of the victim (compensation for damage in kind).

The insurer, after inspecting the damaged vehicle of the victim and (or) conducting its independent technical examination, issues to the victim a referral for repair to a service station and pays for the cost of the restoration repair of the damaged vehicle of the victim carried out by such a station in the amount determined in accordance with the unified methodology for determining the amount of expenses for restoration repairs in respect of a damaged vehicle, subject to the provisions of paragraph two of clause 19 of this article.

When carrying out restoration repairs in accordance with paragraphs 15.2 and 15.3 of this article, it is not allowed to use used or restored components (parts, assemblies, assemblies), if, in accordance with a unified methodology for determining the amount of expenses for restoration repairs in relation to a damaged vehicle, a replacement is required components (parts, assemblies, assemblies). Otherwise, it may be determined by agreement between the insurer and the victim.

The minimum warranty period for the restoration work of a damaged vehicle is 6 months, and for body work and work related to the use of paintwork materials, 12 months.

If shortcomings in the restoration repair of a damaged vehicle are identified, they shall be eliminated in the manner prescribed by clauses 15.2 or 15.3 of this article, unless an agreement concluded in writing between the insurer and the injured party selects a different method for eliminating these shortcomings.

The claim of the injured person to the insurer regarding the results of the restoration repair of the damaged vehicle is considered taking into account the specifics established by Article 16.1 of this Federal Law.

15.2. Requirements for the organization of restoration repairs are, among other things:

the term for the restoration repair of the damaged vehicle (but not more than 30 working days from the date of presentation of such a vehicle by the victim to the service station or transfer of such a vehicle to the insurer for organizing its transportation to the place of restoration repair);

accessibility criteria for the victim of the place where the restoration repair of the damaged vehicle is carried out (at the same time, at the choice of the victim, the maximum length of the route laid on public roads from the place of the traffic accident or the place of residence of the victim to the service station cannot exceed 50 kilometers, except for the case if the insurer organized and (or) paid for the transportation of the damaged vehicle to the place of the restoration repair and back);

the requirement to maintain the warranty obligations of the vehicle manufacturer (refurbishment of a vehicle from the year of manufacture of which less than two years have passed must be carried out by a service station that is a legal entity or an individual entrepreneur registered in the Russian Federation and providing maintenance services for such vehicles from its own name and at its own expense in accordance with the agreement concluded with the manufacturer and (or) importer (distributor) of vehicles of certain brands).

If the insurer has concluded a contract for the organization of restoration repairs with a service station that meets the requirements established by the rules of compulsory insurance for the organization of restoration repairs in relation to a particular victim, the insurer sends his vehicle to this station for restoration repairs of such a vehicle.

If none of the stations with which the insurer has concluded contracts for the organization of refurbishment does not meet the requirements established by the rules of compulsory insurance for the organization of refurbishment in relation to a particular victim, the insurer, with the consent of the victim in writing, may issue to the victim a direction for repairs to one of such stations. In the absence of this consent, compensation for damage caused to the vehicle is carried out in the form of an insurance payment.

15.3. With the consent of the insurer in writing, the victim has the right to independently organize the restoration of his damaged vehicle at a service station with which the insurer does not have an agreement for the organization of restoration repairs at the time the victim submits an application for insurance compensation or direct compensation for losses. In this case, the victim in the application for insurance compensation or direct compensation for losses indicates the full name of the selected service station, its address, location and payment details, and the insurer issues a referral to the victim for repairs and pays for the restoration repairs.

16. Compensation for damage caused to the property of the victim, which is not a vehicle, is carried out in the manner prescribed by paragraph three of paragraph 15 of this article.

16.1. Insurance compensation for damage caused to a car owned by a citizen and registered in the Russian Federation is carried out by issuing the amount of insurance payment to the victim (beneficiary) at the cash desk of the insurer or transferring the amount of insurance payment to the bank account of the victim (beneficiary) (cash or non-cash payment) in case:

a) complete destruction of the vehicle;

b) death of the victim;

c) infliction of severe or moderate harm to the health of the victim as a result of the occurrence of an insured event, if in the application for insurance indemnity the victim has chosen such a form of insurance indemnity;

d) if the victim is a disabled person specified in the first paragraph of paragraph 1 of Article 17 of this Federal Law, and in the application for insurance indemnity has chosen such a form of insurance indemnity;

E) if the cost of restoring the damaged vehicle exceeds that established by subparagraph "b" of Article 7, paragraph 22 of this Article, all participants in the road accident are recognized as liable for the damage caused, provided that in these cases the victim does not agree to make an additional payment for the repair of the service station;

g) existence of an agreement in writing between the insurer and the injured (beneficiary).

17. If, in accordance with paragraph two of clause 15 or clauses 15.1 - 15.3 of this article, compensation for harm is carried out by organizing and (or) paying for the restoration repair of a damaged vehicle, the victim indicates this in an application for insurance compensation or direct compensation for losses.

(see text in previous edition)

The insurer places on its official website on the information and telecommunication network "Internet" information on the list of service stations with which it has concluded contracts for the organization of refurbishment, indicating the addresses of their location, brands and year of manufacture of vehicles serviced by them, approximate terms carrying out restoration repairs, depending on the volume of work performed and workload, information on their compliance with the requirements for the organization of restoration repairs established by the rules of compulsory insurance, and keeps it up to date. The insurer is obliged to provide this information to the injured (beneficiary) to select a service station when applying to the insurer with an application for insurance compensation or direct compensation for losses.

(see text in previous edition)

Changing the scope of work on the restoration of a damaged vehicle, the terms and conditions for the restoration of repairs must be agreed upon by the service station with the insurer and the victim.

(see text in previous edition)

The procedure for settling issues related to identified hidden damage to the vehicle caused by an insured event is determined by the service station in agreement with the insurer and the victim and is indicated by the service station when accepting the victim's vehicle for repair or in another document issued to the victim.

The procedure for settling payment for repairs not related to an insured event is determined by the service station in agreement with the victim and is indicated by the service station in the document issued to the victim upon acceptance of the vehicle for repair.

In the direction for repairs issued by the insurer on the basis of paragraph two of clause 15 of this article, the possible amount of the additional payment paid by the service station to the injured for restoration repairs on the basis of paragraph two of clause 19 of this article is indicated.

(see text in previous edition)

If the cost of restoring the damaged vehicle, payable by the insurer in accordance with paragraph 15.2 or 15.3 of this article, exceeds the insurance amount established by subparagraph "b" of Article 7 of this Federal Law or the maximum amount of insurance compensation established for cases of registration of documents on road - in a traffic accident without the participation of authorized police officers, or if, in accordance with paragraph 22 of this article, all participants in the traffic accident are found liable for the damage caused and the victim agrees in writing to make an additional payment for the restoration repair of the damaged vehicle, the insurer determines the amount of additional payment that the victim will have to make to the service station, and indicates it in the direction issued to the victim for repairs.

The obligations of the insurer to organize and pay for the restoration repair of the victim's vehicle, accepted by him on the basis of paragraph two of paragraph 15 or paragraphs 15.1 - 15.3 of this article, are considered to be duly performed by the insurer from the moment the victim receives the repaired vehicle.

(see text in previous edition)

Responsibility for non-observance by the service station of the deadline for the transfer of the repaired vehicle to the victim, as well as for the violation of other obligations for the restoration of the vehicle of the victim, shall be borne by the insurer that issued the referral for repairs.

(see text in previous edition)

17.1. If the Bank of Russia detects repeated (two or more times) within one year violations by the insurer of obligations to restore repair, including obligations to organize and (or) pay for it, the Bank of Russia has the right to decide to limit the compensation of damage caused by such an insurer in in kind in accordance with paragraphs 15.1 - 15.3 of this article for a period of up to one year (hereinafter referred to as the decision on restriction). The insurer that has received the decision to limit, in respect of victims who apply for insurance compensation for harm or direct compensation for losses after the date of the decision to limit, compensates for the damage caused to the vehicle in the form of an insurance payment, except for the case when the victim, notified by the insurer on the adoption of a decision on the restriction in relation to him, confirms his consent to compensation for damage caused to his vehicle, in kind. In this case, the insurer organizes and (or) pays for the restoration of the damaged vehicle in accordance with

At the beginning of 2018, a law was submitted to the State Duma to increase the fine to 5,000 rubles. The issuance of the document is the prerogative of the companies that are members of the Russian Union of Motor Insurers. The last changes were made on January 1, 2018.

What is OSAGO?

OSAGO is a type of compulsory insurance for drivers and vehicle owners, adopted in 2003. The agreement regulates the mechanism of compensation for losses caused to road users as a result of an accident. In case of innocence, the policyholder is exempted from paying damages to third parties, which the insurance company undertakes. Without a policy, registration with the traffic police is impossible, driving a car without a policy is prohibited and entails the imposition of penalties ranging from 5 to 8 minimum wages or sending the car to a car impound.

The form is stitched with metallic threads, and in the upper right corner contains a QR code, which encodes:

insurance agency;
number, term and date of issue of the document;
vehicle registration data;
VIN code;
personal data of the insured and the owner of the car;
list of drivers.

The information is available online on the RSA website. Additional options are prescribed in the insurance contract. Changes in OSAGO rules provide for the gradual abandonment of most mandatory items, in particular, cyber risks.

OSAGO rules with the latest changes

In paragraph 3 10 OSAGO rules, a new algorithm of actions and a package of documents required for insurance payments are prescribed, in particular:

a copy of the document confirming the identity of the victim;
certificate of authority of the applicant;
bank details for non-cash payments;
a resolution of the guardianship authorities on compensation for damage to minors injured in an accident;
a certificate from the scene of the accident, issued by police representatives in the form in accordance with the order of the Ministry of Internal Affairs N 154 (1.04. 2011);
incident notification;
copies of acts and resolutions on the case of the accident.

The beneficiary has the right to submit documentation to the insurer in electronic form through the official resource, but this does not exempt him from a written request. An electronic application is considered within 3 days.

In p 3. 11 of the new OSAGO rules, the procedure for the actions of the victim, who expressed his intention to receive compensation for losses, is explained. The law provides 5 days for the provision of a damaged car and property. The inspection is carried out by an independent expert within 5 days from the date of submission of the application and the package of documents (clause 3.6). The results of the inspection are sent by mail. It provides for the agreement between the parties to the insurance contract of the place and date of the inspection.

In accordance with paragraph 4.22 the procedure may be extended for a period not exceeding 20 days, after which it becomes impossible to make a decision on the insurance indemnity. If delivery of the car is impossible due to technical reasons, then this circumstance must be mentioned in the application, and the inspection will be carried out on the spot within 5 days. If the area where the accident occurred belongs to the category of inaccessible areas, then the examination period is extended to 10 days.

Clause 1.7. OSAGO rules allow the insurer to inspect the vehicle before signing the contract. If the document is drawn up in electronic form or the parties have not agreed on the place of the inspection, then it is not carried out.

Item 4. 23. OSAGO requirements explains the procedure for calculating and the amount of insurance payments. A copy of the document is issued at the written request of the victim within 3 days from the date of its receipt. Holidays and weekends are not taken into account. The application must be submitted by the victim after drawing up the act also within 3 days.

Item 4. 19 allows the insurer to search for information in the competent authorities of the Russian Federation specified in 4.1, 4.2, 4.4 - 4.7, 4.13 and 4.18, and request only those documents that directly relate to insurance payments in a particular case. If the missing documents do not affect the amount of the reimbursement, then the reimbursement decision can be made without them.

In paragraph 4.22 terms of OSAGO stipulate the terms for consideration of the application of the beneficiary. A 20-day period is allotted for making a decision, which does not include holidays and weekends. It may be extended up to 30 days in the case provided for in clause 4.17.2. The countdown is from the moment the application is received. The document drawn up by the insurer indicates the nature and causes of the accident, the damage, the amount of compensation. He is obliged to make a payment, send the vehicle for repair or issue a refusal indicating the reasons in writing.

Within 15 days from the date of receipt of the first application, the insurer has the right to consider the claims of other victims and make an appropriate decision. All payments are made at the same time. The delay is paid at a rate of 1% of the due amount. In case of untimely delivery of the refusal, the penalty is 0.05% of the insurance, in case of delaying the repair, 0.05% of the amount of compensation based on the application of the victim. The document specifies the details and method of payment. The total amount of payments should not exceed the amount of compensation provided for by the Federal Law.

Clause 4.24 of the rules allows the owners of the vehicle to demand from the company partial compensation for the damage established by the insurer before determining the final amount.

Clause 4.21 OSAGO requirements allow the insured to apply measures to reduce costs. OSAGO 2018 rules allow the insurer to take part in the aftermath, provide transportation to the victims and agree on the amount of compensation with the insurer.

Clause 3.14 regulates that in case of doubts about the existence of an insured event, the company has the right, within 10 days, to conduct an examination and examination of the means guilty of causing damage at its own expense. The results are endorsed by the expert, the insurer and the owner of the equipment. The current OSAGO rules allow the insurer to reduce the insurance indemnity by a refusal if a part of the property was disposed of or repaired before the inspection.

P 1.11 rules OSAGO prescribes the mandatory drawing up of an insurance contract in electronic form and making changes to it within 5 days. To protect data, an electronic signature is used, which is an electronic key that has access within the ESIA. Notifications to the policyholder are sent to the email address or through notifications in the personal account. The new OSAGO insurance rules allow, after the conclusion of an electronic agreement, to receive a policy printed on a strict accountability form at the office.

Clause 5.1 contains information on the settlement of disputes between the beneficiary and the insurer. In case of violation of obligations or disagreement with the quality or timing of repairs, the amount of compensation or the fulfillment of other obligations, the victim has the right to file a claim with a list of supporting documents. The deadline for considering a complaint is Article 16.1 of the Federal Law "On Compulsory Insurance" .

Clause 33.1 regulates the possibility of early termination of the insurance contract, in which part of the sum insured is not returned. The procedure is carried out in cases of change of ownership, false information received from the insured, revocation of the license and a number of other cases.

The latest changes in clause 4.13 rules, allow the victim to conduct an examination independently before the visit of experts. It contains a list of documents that the victim must present in case of damage to his property:

property documents;
conclusion of the examination indicating the damage and services for transportation costs for storage;
evacuation of equipment and victims.

Download new OSAGO rules

Car owners have the opportunity to download a document from the resource for free. Liberalization will be implemented in stages, and more accurate information will appear this spring. From 2020, the Central Bank of the Russian Federation will completely eliminate tariff regulation, providing only mandatory insurance risks for the calculation of OSAGO.

Submit an application

CENTRAL BANK OF THE RUSSIAN FEDERATION

POSITION

ON THE RULES OF COMPULSORY CIVIL INSURANCE

RESPONSIBILITIES OF VEHICLE OWNERS

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) (hereinafter - the Federal Law "On compulsory insurance of civil liability of owners vehicles"), this Regulation establishes the rules for compulsory insurance of civil liability of vehicle owners (Appendix 1 to this Regulation), the application form for 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 insurance of civil liability of vehicle owners (Appendix 3 to this Regulation), as well as the form of a document containing information about insurance (Appendix 4 to this Regulation). ).

2. This Regulation shall be 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. recognizing 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" (Sobranie 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, 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 clause 4.22 of Appendix 1 to this Regulation shall apply from 1 April 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), clause 1.11 of Annex 1 to these Regulations shall apply from July 1, 2015.

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.

Chairman of the Central Bank

Russian Federation

E.S.NABIULLINA

Attachment 1

to the Regulations of the Bank of Russia

"On the rules of compulsory insurance

civil liability

vehicle owners"

RULES OF COMPULSORY CIVIL INSURANCE RESPONSIBILITIES OF 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". The compulsory insurance contract is concluded in relation to the owner of the vehicle, the persons specified by him in the compulsory insurance contract, or in relation to an unlimited number of persons admitted by the owner to drive the vehicle in accordance with the terms of the compulsory insurance contract, as well as other persons using the vehicle legally. basis.

The 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 to amend it, the policyholder is obliged to provide his personal data, personal data of the owner of the vehicle, and if the compulsory insurance contract being concluded provides for the driving of the vehicle by the drivers indicated by the insured, the personal data of each of these drivers, including in themselves the 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 "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.

The policyholder, when filling out an application for concluding a compulsory insurance contract, does not fill in the line "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 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 Article 30 of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" (hereinafter - the automated information system of compulsory insurance).

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, drawn up by the insurer in the 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 notification of a traffic accident 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 of transferring 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 a vehicle owner who has applied to him with an application to conclude a compulsory insurance contract and submitted documents in accordance with the Federal Law "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 Article 15 of 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 policyholder is responsible for the completeness and accuracy of the information and documents submitted to the insurer.

The insurer is not entitled to require the insured to submit the original documents stipulated by the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners", if 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 copies of documents submitted by the policyholder 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 - 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 the 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 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 in paragraph 1.11 of these Rules. Information about vehicle owners 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, about the acquisition of the right to drive this vehicle, as well as about the change 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 to the compulsory insurance policy are recorded by making an appropriate entry in the "Special Notes" section indicating the date and time of the 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 business days from 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 an insurance policy drawn up in the form of an electronic document in the manner prescribed by clause 1.11 of these Rules may be made electronically 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.

1.11. Compulsory insurance contract can be drawn up in the form of an electronic document.

In this case, the policyholder sends the insurer an application for the conclusion of a compulsory insurance contract in electronic form using the official website of the insurer in the information and telecommunication network "Internet" (hereinafter referred to as the "Internet" network).

An application for the conclusion of a compulsory insurance contract in electronic form can be signed with 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 of April 6, 2011 N 63-FZ "On Electronic Signature" Russian Federation, 2011, N 15, item 2036; N 27, item 3880; 2012, N 29, item 3988; 2013, N 14, item 1668; N 27, item 3463, item 3477; 2014, N 26, art. 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 compulsory insurance contract 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 insurance policy of compulsory insurance in the form of electronic a document signed with an enhanced qualified electronic signature of the insurer in compliance with the requirements of the Federal Law "On Electronic Signature" is sent to the insured.

Upon receipt from the insured of an application in electronic form, signed in accordance with the requirements of this paragraph of the Rules, about 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 on compulsory insurance, and the insurer - to amend the compulsory insurance policy (in the event that the information about the change of which the insured claims 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 paragraph of the Rules. In the event that the information, the change of which is claimed by the insured, was not previously reflected in the compulsory insurance policy and does not require their reflection in the compulsory insurance policy, an electronic notification is sent to the insured within the time limits provided for in this paragraph, signed by an enhanced qualified electronic signature of the insurer in compliance with the requirements Federal Law "On 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 the expiration of its validity period by concluding with the insurer with whom the previous compulsory insurance contract was concluded, a 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 insurance 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 of clause 1.13, paragraph four of clause 1.14 and paragraph two of clause 1.15 of these Rules, part of the insurance premium under the compulsory insurance contract shall not be 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.

In cases of early termination of the compulsory insurance contract, provided for in paragraph 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 documents of authorized bodies.

In cases of early termination of the compulsory insurance contract, provided for in paragraph 1.14 of these Rules, the date of early termination of the compulsory insurance contract is 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 in clause 1.15 of these Rules, the date of early termination of the compulsory insurance contract is the date the insured receives a written notification from the insurer.

Part of the insurance premium is returned to the policyholder (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 in paragraphs two, four, five, six of clause 1.13 of these Rules, or the policyholder's application for early termination of the contract compulsory insurance on one of the grounds provided for in clause 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 in paragraph three of clause 1.15 of these Rules.

If the deadline for the return of part of the insurance premium provided for by this paragraph of the Rules is not observed, the insurer shall pay 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 contract.

1.17. In case of early termination or at the end 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 in the 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 period of validity 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 of receipt of funds in the cash desk of the insurer in cash or the day of transfer of the insurance premium 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), the drivers participating in this accident must take measures and fulfill the obligations provided for by the Rules of the Road 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 the Government of the Russian Federation, 1993, N 47, item 4531; Collected Legislation of the Russian Federation, 1998, N 45, item 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), and also take the necessary measures in the circumstances to reduce possible losses from the accident, write down the names and addresses of eyewitnesses and indicate them in the notice of the traffic accident, take measures to draw up 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 provide other participants in the road traffic accident with information about the compulsory insurance contract, including the number of the compulsory insurance policy, as well as the name, location 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 (damage) caused by the message of the insured or the victim. To do this, the driver participating in the traffic accident informs the insurer that insured his civil liability, or his representative in any way possible, about the place and time of the traffic accident, as well as the circumstances that caused it, in order for the insurer to make a decision on the need to go to the place of the traffic accident. - transport incident.

3.5. Drivers of vehicles involved in a road traffic accident are required to fill out forms of traffic accident notices 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 road 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 road 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, the notice of a traffic accident in relation to this vehicle shall not be filled in by other persons.

When causing harm to the life or health of passengers in vehicles, pedestrians, the presence of injured passengers, pedestrians shall be indicated in the notice of a traffic accident. 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 on 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 traffic accident notice 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 clause 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 the vehicles involved in the road traffic accident, who have drawn up documents on the 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 clause 3.6 of these Rules is not entitled to present additional claims to the insurer for 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. The 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 handed over or sent in any way that provides confirmation of sending as soon as possible, but no later than five working days after the road traffic accident. , the insurer that insured the civil liability of the driver, or 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 constituent entity of the Russian Federation in whose territory the traffic accident occurred. The injured driver submits to the insurer his/her own traffic accident notification form or a notification form completed together with other participants in the traffic accident at the same time as submitting an application for insurance payment. A notice of a road traffic accident of a driver causing harm may be sent 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. The victim, 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 direct compensation for losses and the documents provided for by these Rules, within the time limits and in the manner established by clause 3.8 or clause 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 paragraph two of clause 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 consent to a possible increase in the terms of the restoration repair of the vehicle due to objective circumstances, including the repair technology and the availability 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;

A certificate of a traffic accident issued by the police unit responsible for road safety in the 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 issued documents on a traffic accident was carried out with the participation of authorized police officers;

Notice of traffic accident;

Copies of a 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 harm caused, submits to the insurer the documents provided for in 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 appeals of applicants sent in the form of electronic documents and sends them answers to the e-mail addresses from which these appeals 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 appeals.

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 the manner 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 victim fails to fulfill the obligation established by this clause 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 the insurance payment specified in clause 4.22 of these Rules may be extended for a period not exceeding the number of days between the date of submission of the damaged property or its remains to the victim and the date of inspection and (or) independent technical expertise, independent expertise (assessment) agreed with the victim, but not more than 20 calendar days, except for non-working 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, an inspection and an independent technical expertise, an 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 an application for insurance payment and the documents provided for in paragraph 3.10 of these Rules, and in case of finding a damaged vehicle funds, 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 in clause 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 case of drawing up documents on the traffic accident in accordance with clause 3.6 of these Rules, shall submit the vehicle for inspection and (or) for an independent technical examination in the manner established by this clause Rules.

3.12. If the insurer, within the period specified in paragraph 3.11 of these Rules, did not inspect the damaged property and (or) did not organize its independent technical expertise, independent expertise (assessment), then the victim has the right to apply independently for such technical expertise or expertise (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 value 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 the 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 of the Rules;

the traffic accident occurred as a result of the interaction (collision) of two vehicles (including vehicles with trailers to them), the civil liability of the owners of which is insured in accordance with the Federal Law "On Compulsory Civil Liability Insurance of Vehicle Owners".

3.16. The insurer that has insured the civil liability of the victim shall assess the circumstances of the traffic accident set out in the notice of the 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 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" are applied, which are established in relation to the insurer to which an application for insurance payment has been submitted.

3.19. The provisions of Chapter 3 of these Rules shall equally apply to the representative of the insurer who has insured the civil liability of the victim, if 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;

A 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 (if such a conclusion exists);

Note. Paragraph four of paragraph 4.1 applied from April 1, 2015.

A certificate confirming the fact that the victim has been identified as a disabled child or the category "disabled child" (if such a certificate is available);

Certificate of the ambulance station on 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 road traffic accident, according to the results of a medical and social examination, a disability group or category "disabled child" is established for the victim, the documents specified in paragraphs 4.2, 4.6, 4.7 of these Rules are also submitted to receive insurance payment.

In order to receive an insurance payment in connection with causing harm to the life of the victim, in addition to the documents provided for in paragraph 3.10 of these Rules, the documents provided for in paragraphs 4.4 and 4.5 of these Rules are attached to the application for insurance payment.

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;

A certificate or other document on the average monthly earnings (income), scholarships, pensions, benefits 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 before 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).

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 the first paragraph of clause 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 deceased was dependent on persons with disabilities;

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 from the social security authority (medical organization, local government, employment service) stating 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.

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.

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 the 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 drugs.

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 compensation for outside care costs, 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 the 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 of a claim to the victims for reimbursement of expenses related to training for another profession:

A copy of the contract with the organization providing vocational training (retraining);

A document confirming payment for 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 against an insurer that provides 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);

No 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 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 in paragraphs 3.10, 4.1, 4.2, paragraphs four - tenth 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 of Chapter 59 of the 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 value of the 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 a traffic accident, storage of a damaged vehicle, delivery of the injured to a medical organization).

4.13. When causing damage to the property of the victim (vehicles, buildings, structures, structures, other property of individuals, legal entities), in addition to the documents provided for in clause 3.10 of these Rules, the victim shall submit:

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 reimbursement;

Documents confirming the provision and payment of services for the storage of damaged property, if the victim requires reimbursement of the relevant expenses. Storage costs 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 is entitled to submit in support of his claim for compensation for the harm caused to him, including estimates and invoices confirming the cost of repairing damaged property.

4.14. The victim submits to the insurer the original documents specified in paragraph 4.13 of these Rules, or their duly certified copies.

To confirm the payment for the purchased goods, work performed and (or) services rendered, the insurer shall be provided with the original documents.

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 on 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 shall be 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 vehicle service station to which the vehicle of the victim was sent for repair.

Note. For a unified methodology for determining the amount of expenses for restoration repairs in relation to a damaged vehicle, see Regulations, approved. Bank of Russia 19.09.2014 N 432-P.

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 additional costs resulting from the improvement and modernization of property, and costs caused by temporary or auxiliary 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 to 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 agreement 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 damage caused in kind, the insurer issues to the victim within the time limits provided for in clause 4.22 of these Rules, a referral for repairs. The repair request must include the following information:

About the victim who has been issued such a referral;

On the contract of compulsory insurance, in order to fulfill obligations under which a referral for repairs was issued;

About the vehicle to be repaired;

About the name and location of the service station where the victim's vehicle will be repaired and to which the insurer will pay the cost of the restoration repair;

About the period 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 restoring the vehicle of the victim. The liability of the insurer does not arise if the injured party has agreed to change the deadline 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 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 complete destruction of the vehicle, shall be carried out in the manner provided for in paragraph three of this clause.

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 accepting 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 of the insurance amount established by the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners", and in the event of a traffic accident being registered without the participation of authorized police officers, it cannot exceed the maximum amount payable insurer in this 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 amount 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 force.

4.19. The insurer has the right to independently request bodies and organizations in accordance with their competence, determined by the legislation of the Russian Federation, to provide the documents provided for in 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 request of the insurer free of charge.

4.20. In order to obtain information about the presence of a diagnostic card valid at the time of the insured event, containing information about the compliance of the vehicle with the mandatory safety requirements of vehicles, issued 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 a single automated information system for technical inspection.

4.21. The insured shall take reasonable and available measures in the circumstances in order to reduce losses. Expenses incurred in order to reduce losses (provision of a vehicle for delivering a victim of a traffic accident to a medical organization, participation 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 documents provided for in paragraphs 3.10, 4.1, 4.2, 4.4 - 4.7 and 4.13 of these Rules 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 damage incurred, the amount of the sum insured to be paid (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.

Note. Paragraph three of clause 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, with the exception of non-working holidays, after the end of the specified period for accepting applications from persons entitled to compensation for damage 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. The 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 deadline for making an insurance payment or compensation for damage in kind, the insurer for each day of delay pays the victim a penalty (penalties) in the amount of one percent of the amount of insurance payment determined in accordance with the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners".

If the deadline for sending a reasoned refusal to pay an insurance payment to the victim is not observed, the insurer for each day of delay pays him money in the form of a financial sanction in the amount of 0.05 percent of the insurance amount established by the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" 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 (penalty), 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 the 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 , except for 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 subject to compensation 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 term 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 clause 4.17 of these Rules.

4.28. In accordance with these Rules, damage caused as a result of:

circumstances of force majeure or intent of the victim;

Exposure to a nuclear explosion, radiation or radioactive contamination;

Military operations, as well as maneuvers or other military activities;

civil war, civil unrest or strikes;

Other circumstances exempting the insurer from the payment of insurance compensation under the compulsory insurance contract on the basis of the current legislation or these Rules.

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 their obligations under the compulsory insurance contract, prior to 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 insurer a claim with attached to it with documents substantiating the claim of the victim, which is subject to consideration by the insurer within the period established by Article 16.1 of the 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, address of the location / surname, 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;

Requirements for the insurer with a description of the circumstances that served as the basis for filing a claim with references to the provisions of the regulatory legal acts of the Russian Federation;

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 authority responsible for road safety, a protocol and a decision on an administrative offense or a decision to refuse 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 of making a claim against the insurer who 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;

Submit a claim denial. 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);

Failure to submit 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.

Submit an application

(effective from 04/13/2008, clauses 41.1 and 41.2 come into force from 12/01/2008, clauses 48.1 - 48.3 come into force from 07/01/2008)

ABOUT THE APPROVAL OF THE RULES

In accordance with the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners", the Government of the Russian Federation decides:

1. Approve the attached Rules of Compulsory Insurance of Civil Liability of Vehicle Owners.

Prime Minister

Russian Federation

M.KASYANOV

Approved

Government Decree

Russian Federation

REGULATIONS

COMPULSORY LIABILITY INSURANCE

VEHICLE OWNERS

I. General provisions

2. When carrying out compulsory insurance of civil liability of vehicle owners (hereinafter referred to as compulsory insurance), the insurer undertakes, for the fee (insurance premium) stipulated by the compulsory insurance contract, upon the occurrence of an event (insured event) provided for by these Rules, to make an insurance payment to the victim (third party) in order to compensation for harm caused to the life, health or property of the victim, within the amount specified by the contract (sum insured).

3. Compulsory insurance in accordance with these Rules is not subject to the risk of civil liability of vehicle owners:

a) the maximum design speed of which is not more than 20 km/h;

d) registered in foreign states, if the civil liability of the owners of such vehicles is insured under the international civil liability insurance systems of vehicle owners, in which a professional association of insurers is a member, acting in accordance with the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners”;

e) in the part concerning trailers for cars owned by citizens.

4. The following concepts are used in these Rules:

"vehicle" - a device designed for the carriage by road of people, goods or equipment installed on it. A vehicle is also a trailer (semi-trailer and trailer-dissolution), not equipped with an engine and intended for movement in combination with a power-driven vehicle. The vehicle is allowed to participate in road traffic in accordance with the legislation of the Russian Federation;

"use of a vehicle" - the operation of a vehicle associated with its participation in traffic within roads (road traffic), except for railways, as well as on territories adjacent to them and intended for the movement of vehicles (yards, residential areas, parking lots of vehicles , gas stations and other areas). The operation of equipment installed on a vehicle and not directly related to the participation of the vehicle in road traffic does not constitute the use of the vehicle;

"limited use of vehicles owned or owned by citizens" - driving vehicles owned or owned by citizens only by drivers specified by the insured and (or) seasonal use of vehicles for 3 or more months in a calendar year.

"limited use of vehicles owned or owned by legal entities" - seasonal use of vehicles owned or owned by legal entities (snow removal, agricultural, watering and other special vehicles) for 6 or more months in a calendar year ;

"owner of the vehicle" - the owner of the vehicle, as well as a person who owns the vehicle on the right of economic management or the right of operational management or on another legal basis (lease right, power of attorney for the right to drive the vehicle, order of the relevant authority to transfer the vehicle to him and etc.). A person who drives a vehicle in the performance of his official or labor duties, including on the basis of an employment or civil law contract with the owner or other owner of the vehicle, is not the owner of the vehicle;

"injured" - a person whose life, health or property was harmed when using the vehicle by another person, including a pedestrian, the driver of the vehicle who was harmed, and the passenger of the vehicle - a participant in a traffic accident;

"place of residence (location) of the victim" - the place of residence of a citizen (location of a legal entity) determined in accordance with civil law, recognized as a victim;

"insurant" - a person who has concluded a contract of compulsory insurance with the insurer;

"representative of the insurer" - a separate subdivision of the insurer (branch) in the constituent entity of the Russian Federation, exercising, within the limits provided for by the civil legislation of the Russian Federation, the powers of the insurer to consider the claims of victims for insurance payments and their implementation, or another insurer exercising these powers at the expense of the one who entered into the contract of compulsory insurance the insurer on the basis of an agreement with the insurer;

"professional association of insurers" - a non-profit organization acting in accordance with the established procedure in order to ensure the interaction of insurers and the development of rules for professional activities;

"insurance policy of compulsory insurance" - a document of the established form, certifying the implementation of compulsory insurance;

"insurance rates" - price rates established in accordance with the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners", used by insurers when determining the insurance premium under a compulsory insurance contract and consisting of base rates and coefficients;

"Sum insured" - a sum of money in the currency of the Russian Federation, determined by the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners", within which the insurer undertakes upon the occurrence of each insured event (regardless of their number during the term of the compulsory insurance contract) to compensate the victims harm caused;

"insurance premium" - an amount of money in the currency of the Russian Federation, which the insured is obliged to pay to the insurer in accordance with the contract of compulsory insurance;

"insurance payment" - the amount of money that, in accordance with the contract of compulsory insurance, the insurer is obliged to pay to the victims as compensation for harm caused to their life, health or property upon the occurrence of an insured event. In case of damage to property, the insurer, with the consent of the victim, has the right to replace the insurance payment with compensation for damage in kind, arrange for the repair or replacement of the damaged property within the sum insured;

"insured event act" - a document drawn up by the insurer after the victim has submitted an application for insurance payment, fixing the causes and circumstances of a traffic accident that is an insured event, its consequences, the nature and amount of damage incurred, the amount of the sum insured to be paid and confirming the decision of the insurer on the implementation of insurance payment or direct compensation for losses;

"compensation payments" - payments that are made in accordance with the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" in the event that the insurance payment for compulsory insurance cannot be made;

"independent examination" - an examination conducted in order to clarify the circumstances of the damage and determine the amount of damages subject to compensation in connection with damage to property. In case of damage to the vehicle, in order to clarify the circumstances of the insured event, to establish damage to the vehicle, technology, methods and cost of repairs, an independent technical examination of the vehicle is carried out in accordance with the rules established by the Government of the Russian Federation;

"Direct compensation for losses" - compensation for damage to the property of the victim by an insurer who has concluded a contract of compulsory insurance with the victim - the owner of the vehicle.

II. The object of compulsory insurance,

insurance case

7. An insured event is recognized as the onset of civil liability of the owner of the vehicle for causing harm to life, health or property of the victims when using the vehicle, entailing, in accordance with the contract of compulsory insurance, the obligation of the insurer to make an insurance payment.

8. In accordance with these Rules, damage caused as a result of:

a) force majeure or intent of the victim;

b) the impact of a nuclear explosion, radiation or radioactive contamination;

c) military operations, as well as maneuvers or other military measures;

d) civil war, civil unrest or strikes.

8.1. Damage caused to property belonging to the person responsible for the damage caused shall not be compensated.

9. The onset of civil liability of vehicle owners due to:

a) causing harm when using a vehicle other than the one specified in the compulsory insurance contract;

b) infliction of non-pecuniary damage or the emergence of an obligation to compensate for lost profits;

c) causing harm when using vehicles during competitions, tests or training driving in specially designated areas;

d) environmental pollution;

g) the emergence of an obligation to compensate the employer for losses caused by causing harm to the employee;

h) causing damage by the driver to the vehicle he drives and the trailer to it, the cargo carried in them, the equipment installed on them and other property;

i) causing damage when loading cargo onto a vehicle or unloading it;

j) has expired.

l) the occurrence of the obligation of the vehicle owner to compensate for damage in excess of the amount of liability provided for by the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" and Chapter 59 of the Civil Code of the Russian Federation (if a higher amount of liability is established by federal law or an agreement) .

III. Sum insured, insurance premium

and how to pay

10. The sum insured, within the limits of which the insurer, upon the occurrence of each insured event (regardless of their number during the term of the compulsory insurance contract), undertakes to compensate the injured for the harm caused, is:

in terms of compensation for harm caused to the life or health of each victim - no more than 160 thousand rubles;

in terms of compensation for damage caused to the property of several victims - no more than 160 thousand rubles;

in terms of compensation for damage caused to the property of one victim - no more than 120 thousand rubles.

The insurance premium is determined in accordance with the insurance rates established by the Government of the Russian Federation.

12. An insurance premium under a compulsory insurance contract shall be paid by the insured to the insurer in cash or by bank transfer upon conclusion of the compulsory insurance contract.

IV. Validity, procedure for concluding and changing

compulsory insurance contracts

13. The compulsory insurance contract is concluded for 1 year, except for the cases provided for in this paragraph. The compulsory insurance contract is concluded in relation to the owner of the vehicle, the persons specified by him in the compulsory insurance contract, or in relation to an unlimited number of persons admitted by the owner to drive the vehicle in accordance with the compulsory insurance contract, as well as other persons using the vehicle legally .

14. The owner of a vehicle has the right to freely choose an insurer who provides compulsory insurance.

15. To conclude a compulsory insurance contract, the insured shall submit the following documents to the insurer:

a) an application for the conclusion of a compulsory insurance contract in the form in accordance with Appendix No. 1;

b) an identity document (if the policyholder is an individual);

c) certificate of state registration of a legal entity (if the insured is a legal entity);

d) vehicle registration document issued by the vehicle registration authority (vehicle passport, vehicle registration certificate, technical passport, technical coupon or similar document);

e) a driver's license or a copy of the driver's license of a person authorized to drive a vehicle (if the compulsory insurance contract provides for the admission of certain persons to drive a vehicle).

15.1. For the submission of knowingly false information and (or) invalid documents, the policyholder shall be liable in accordance with the legislation of the Russian Federation.

16. By agreement of the parties, the insured has the right to submit copies of the documents necessary for concluding a contract of compulsory insurance.

The policyholder is responsible for the completeness and accuracy of the information and documents submitted to the insurer.

20. Along with the application for the conclusion of a compulsory insurance contract, the insured shall submit to the insurer information on the number and nature of the insured events that have occurred, on the insurance payments made and on the forthcoming insurance payments, the insurance period, the claims of the victims under consideration and unsettled claims regarding insurance payments, and other information on insurance during the period the validity of the compulsory insurance contract submitted by the insurer with whom the last compulsory insurance contract was concluded, in the manner prescribed by paragraph 35 of these Rules (hereinafter referred to as information about insurance).

Information about insurance is not provided by a person who annually renews a contract of compulsory insurance with one insurer.

When concluding a compulsory insurance contract providing for driving a vehicle only by drivers indicated by the policyholder (limited use), the policyholder 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 shall provide the insurer with information on insurance in relation to the owner of the vehicle.

21. Vehicle owners have the right to conclude a compulsory insurance contract providing for the limited use of vehicles owned or possessed by them.

Limited use of vehicles owned or owned by citizens is recognized as driving vehicles owned or owned by citizens only by drivers specified by the insured and (or) seasonal use of vehicles for 3 or more months in a calendar year.

Limited use of vehicles owned or owned by legal entities is the seasonal use of vehicles owned or owned by legal entities (snow removal, agricultural, watering and other special vehicles) for 6 or more months in a calendar year. .

The period of use of the vehicle during the calendar year, as well as drivers allowed by citizens to drive vehicles, are indicated in the application for the conclusion of a compulsory insurance contract.

If the compulsory insurance contract specifies the limited use of the vehicle, the policyholder is obliged to 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 a change in the period use of the vehicle in comparison with 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.

23. 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 from the insured to pay an additional insurance premium, if necessary, in proportion to the increase in the degree of risk and make changes to the insurance compulsory insurance policy based on insurance tariffs for compulsory insurance.

Changes to the compulsory insurance policy are made by making an appropriate entry in the "Special Notes" section indicating the date and time of the 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 2 business days from date of return by the insured of the previously issued insurance policy. The insurance policy of compulsory insurance returned by the insured shall be kept by the insurer together with the 2nd 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.

24. The document certifying the implementation of compulsory insurance is an insurance policy of compulsory insurance, drawn up by the insurer in the form in accordance with Appendix No. 2.

The compulsory insurance policy form has a single form throughout the Russian Federation and is a document of strict accountability.

The compulsory insurance policy shall indicate the operated vehicle or trailer, with the exception of trailers for cars owned by citizens.

Simultaneously with the insurance policy, the insured is given free of charge a list of representatives of the insurer in the constituent entities of the Russian Federation, the text of these Rules, 2 forms of notification of a traffic accident in the form approved by the Ministry of Internal Affairs of the Russian Federation in agreement with the Ministry of Finance of the Russian Federation.

In the future, traffic accident notification forms are issued by the insurer free of charge at the request of a person whose liability is insured under a compulsory insurance contract.

In case of loss of the compulsory insurance policy, the insured has the right to receive its duplicate free of charge.

25. Has become invalid since October 1, 2006. - Decree of the Government of the Russian Federation of August 28, 2006 N 525.

26. Owners of vehicles used for the carriage of passengers on regular routes are obliged to inform passengers of their rights and obligations arising from the compulsory insurance contract, in accordance with the requirements established by the federal executive body in the field of transport.

27. The driver of a vehicle participating in road traffic must have a compulsory insurance policy. .

V. The procedure for extending the contract of compulsory insurance

28. The extension of the compulsory insurance contract is carried out by concluding a compulsory insurance contract after its expiration for a new period with the insurer with whom the previous insurance contract was concluded in the manner prescribed by Section IV of these Rules.

If the insured refuses to extend the compulsory insurance contract, the insurer shall provide information on insurance in accordance with paragraph 35 of these Rules.

29. Lost power.

30. Lost power

31. Lost power

32. Lost power.

VI. Early termination of the contract

compulsory insurance

33. The operation of the compulsory insurance contract is terminated ahead of schedule in the following cases:

a) the death of a citizen - the insured or the owner;

b) liquidation of the legal entity - the insured;

c) liquidation of the insurer;

d) destruction (loss) of the vehicle specified in the compulsory insurance policy;

e) other cases stipulated by the legislation of the Russian Federation.

33.1. The policyholder has the right to early terminate the compulsory insurance contract in the following cases:

a) revocation of the license of the insurer in accordance with the procedure established by the legislation of the Russian Federation;

b) replacement of the owner of the vehicle;

c) other cases stipulated by the legislation of the Russian Federation.

33.2. The insurer has the right to early terminate the contract of compulsory insurance:

a) in the event of detection 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;

b) in other cases stipulated by the legislation of the Russian Federation.

33.3. Early termination of the compulsory insurance contract does not entail the release of the insurer from the obligation to make insurance payments for insured events that occurred during the term of the compulsory insurance contract.

34. In the event of early termination of the compulsory insurance contract on one of the grounds provided for in subparagraph "b" of paragraph 33, subparagraph "c" of paragraph 33.1 and subparagraph "a" of paragraph 33.2 of these Rules, part of the insurance premium under the compulsory insurance contract shall not be returned to the insured. In other cases, the insurer returns to the insured part of the insurance premium for the unexpired term of the compulsory insurance contract.

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.

In cases of early termination of the compulsory insurance contract provided for in paragraph 33 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 documents of the relevant state and other bodies.

In cases of early termination of the compulsory insurance contract provided for in paragraph 33.1 of these Rules, the date of early termination of the compulsory insurance contract is the date the insurer receives a written application from the insured for early termination of the compulsory insurance contract.

In cases of early termination of the compulsory insurance contract provided for in paragraph 33.2 of these Rules, the date of early termination of the compulsory insurance contract is the date the insured receives a written notification 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 in subparagraphs "a", "c", "d", "e" of paragraph 33 of these Rules , or the policyholder's application for early termination of the compulsory insurance contract on one of the grounds provided for in clause 33.1 of these Rules, or within 14 calendar days from the date following the date of receipt by the policyholder of the insurer's written notice of the early termination of the compulsory insurance contract on the grounds provided for in subparagraph "b" of paragraph 33.2 of these Rules.

35. In case of early termination or upon expiration of the compulsory insurance contract, the insurer shall provide the policyholder with information on insurance in the form in accordance with Appendix No. 4. Information on insurance shall be provided by the insurer free of charge in writing within 5 days from the date of the relevant application of the insurant.

Information about insurance is provided by the insured to the insurer when carrying out compulsory insurance in subsequent periods and is taken into account by the insurer when calculating the insurance premium under the compulsory insurance contract.

36. A compulsory insurance contract may be declared invalid by a court from the moment of its conclusion in the manner prescribed by the legislation of the Russian Federation.

VII. Actions of persons upon occurrence

insured event

37. Upon the occurrence of an insured event (traffic accident), the drivers participating in this accident must take measures and fulfill the obligations provided for by the Rules of the Road 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, as well as take the necessary measures in the circumstances in order to reduce possible losses from the accident, write down the names and addresses of eyewitnesses and indicate them in the notice of the traffic accident, take measures to draw up documents about the accident in accordance with these Rules.

38. The driver who is a participant in a road traffic accident is obliged to inform other participants in the road traffic accident who intend to file a claim for compensation for harm, 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.

Participants in a traffic accident must notify their insurers of the insured event.

39. To resolve the issue of making an insurance payment, the insurer accepts documents on a road traffic accident, issued by authorized police officers who arrived at the scene according to the information of its participants, or executed (in the absence of victims in the event of a road traffic accident, life and health harmed, as well as with the mutual consent of the drivers in assessing the circumstances of the incident) by police officers at the nearest road patrol post or in the police body in accordance with paragraph 2.6 of the Traffic Rules of the Russian Federation, or issued by the participants in the traffic accident in cases and in the manner , which are established in clause 41.1 of these Rules.

40. Registration of documents on a road traffic accident may be carried out in the presence of the insurer (representative of the insurer) to determine the circumstances of the road traffic accident and the damage (damage) caused by the message of the insured or the victim. To do this, the driver who is a participant in a road traffic accident and intends to make a claim for insurance payment has the right to inform the insurer or his representative in any available way (for example, by calling the telephone numbers indicated in the compulsory insurance policy) about the place and time of the road traffic accident, as well as about the circumstances that led to it, for the insurer to make a decision on the need to go to the scene of a traffic accident.

41. 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 road 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, minor damage, it is allowed for 2 drivers to jointly fill out one form of notification of a traffic accident.

Drivers notify the policyholders about the traffic accident and filling out the forms of such notices.

If more than 2 vehicles are involved in a traffic accident and the 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 refusal 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, the notice of a traffic accident in relation to this vehicle shall not be filled in by other persons.

When causing harm to the life or health of passengers in vehicles, the presence of injured passengers is indicated in the notice of a traffic accident. If the participants in the traffic accident have information about the injured passengers (surnames, first names, patronymics), they must submit this information to the insurer. Information about injured passengers is provided to the insurer by the police on the basis of his written request.

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.

41.1. Registration of documents about a traffic accident can be carried out without the participation of authorized police officers in the presence of the following circumstances at the same time:

as a result of a traffic accident, damage was caused only to property;

the traffic accident occurred with the participation of 2 vehicles, the civil liability of the owners of which is insured in accordance with the Federal Law "On Compulsory Civil Liability Insurance of Vehicle Owners";

the circumstances of causing harm in connection with damage to property as a result of a traffic accident and (or) determining the nature and list of visible damage to vehicles do not cause controversy among the participants in the traffic accident and are recorded in the notices of the traffic accident, the forms of which are filled out by the drivers of the vehicles involved in the traffic accident.

The traffic accident notification form is filled in by both drivers of vehicles, while the circumstances of the damage, the scheme of the traffic accident, the nature and list of visible damage are certified by the signatures of both drivers.

If there are disagreements in the circumstances of causing damage to property as a result of a road traffic accident, the nature and list of visible damage to vehicles, refusal to sign the notice by one of the participants in the road traffic accident, or the amount of damage exceeding, according to a rough estimate, 25 thousand rubles, registration of a road traffic transport incident is carried out with the participation of authorized police officers.

In the case of registration of documents about a traffic accident without the participation of authorized police officers, the completed form of notification of a traffic accident, together with the victim's application for insurance payment, is sent to the insurer to determine the amount of losses to be reimbursed.

The insurer has the right to appoint an independent examination of the vehicles involved in the road traffic accident in case of discrepancies regarding the nature and list of visible damage to the vehicles and (or) the circumstances of causing harm in connection with damage to property as a result of the road traffic accident, recorded in the submitted notification of a traffic accident, in accordance with paragraph 45 of these Rules.

In the case of registration of documents on a traffic accident without the participation of authorized police officers, the amount of insurance payment due to the victim in compensation for damage caused to his property cannot exceed 25 thousand rubles.

41.2. The victim who received the insurance payment on the basis of clause 41.1 of these Rules is not entitled to present additional claims to the insurer for 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 25 thousand rubles, 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, for compensation for harm caused to life or health, which arose after the presentation of the claim for insurance payment and which the victim did not know at the time of the presentation of the claim in accordance with paragraphs 43, 51 – 56 of these Rules.

42. Notifications of a road traffic accident filled in by drivers participating in a road traffic accident, drawn up in accordance with paragraph 41 of these Rules, must be handed in or sent in any way that ensures confirmation of shipment, to the insurer or 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 constituent entity of the Russian Federation in whose territory the traffic accident occurred. The driver who is the victim submits to the insurer his form of notification of a traffic accident or a single notification form filled out jointly with other participants in a road traffic accident at the same time as submitting an application for insurance payment. A traffic accident notice may be sent by facsimile with simultaneous sending of its original by registered mail to the address of the insurer or the representative of the insurer indicated in the compulsory insurance policy.

43. 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, including passengers of vehicles, present the insurer with a claim for insurance payment within the time limits established by paragraph 42 of these Rules.

The victim sends an application for insurance payment to the insurer, or the representative of the insurer at the place of residence (location) of the victim, or the representative of the insurer in the constituent entity of the Russian Federation in whose territory the traffic accident occurred.

44. At the time of filing an application for insurance payment, the victim shall attach to the application:

a) a certificate of a traffic accident issued by the police authority responsible for road safety, in the form approved by the Ministry of Internal Affairs of the Russian Federation in agreement with the Ministry of Finance of the Russian Federation, if the registration of documents on a traffic accident was carried out with the participation of authorized police officers ;

b) notification of a traffic accident.

Copies of a protocol on an administrative offense, a decision on a case on an administrative offense or a ruling on the refusal to initiate proceedings on an administrative offense must be submitted to the victims only in cases where the preparation of such documents is provided for by the legislation of the Russian Federation. The victim receives these documents from the police and submits them to the insurer.

In addition, the victim, depending on the type of harm caused, submits to the insurer the documents provided for in paragraphs 51, 53 - 56 and (or) 61 of these Rules.

45. When causing damage to property, the victim, who intends to exercise his right to an insurance payment, is obliged to present the damaged property or its remains for inspection and (or) organization of an independent examination (assessment) in order to clarify the circumstances of the damage and determine the amount of losses subject to compensation, and the insurer - to inspect the damaged property and (or) organize an independent examination (assessment).

The insurer inspects the damaged property and (or) organizes an independent examination (assessment) by issuing a referral for examination (assessment) within a period of not more than 5 working days from the date of receipt from the injured person of the application for insurance payment and the documents provided for in paragraph 44 of these Rules, unless otherwise the term is not agreed upon by the insurer with the victim.

The insurer is obliged to agree with the injured party 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 for conducting the inspection of the damaged property specified in this clause, and the injured party is obliged to present the damaged property at the time agreed with the insurer.

If the nature of the damage or the features of the damaged property exclude its presentation for inspection and (or) the organization of its independent examination (assessment) at the location of the insurer and (or) the expert (for example, damage to the vehicle, excluding its participation in road traffic), inspection and ( or) an independent examination (assessment) is carried out at the location of the damaged property within the period established by this paragraph.

If, based on the results of the inspection of damaged property carried out by the insurer, the insurer and the victim have reached an agreement on the amount of insurance payment and do not insist on organizing an independent examination (assessment) of the damaged property, such an examination (assessment) may not be carried out.

If, after the inspection of the damaged property by the insurer, the insurer and the victim did not reach an agreement on the amount of the insurance payment, the insurer is obliged to organize an independent examination (assessment), and the victim - to provide the damaged property for an independent examination (assessment).

46. If the insurer fails to inspect the damaged property within the period specified in paragraph 45 of these Rules and (or) does not organize an independent examination (assessment), then the victim has the right to independently request the organization of such an examination, without presenting the damaged property to the insurer for inspection.

When deciding on an insurance payment, the insurer uses the results of this independent examination.

47. 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 in accordance with the rules approved by the Government of the Russian Federation.

48. If the inspection and (or) an independent examination (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 the amount of losses subject to compensation under the compulsory insurance contract, in order to clarify these circumstances, the insurer has the right to inspect the vehicle of the insured, when using which the victim was harmed, and (or) organize an independent examination of this vehicle, and the policyholder is obliged to present this vehicle at the request of the insurer for the organization of an independent examination.

At the same time, the insurer is obliged to inspect the vehicle and (or) organize an independent examination (assessment) and pay the costs of its implementation in accordance with paragraph 45 of these Rules.

The results of the inspection and (or) independent examination (assessment) are drawn up in writing and signed by the insurer (its representative), the expert (during an independent examination) and the owner of the vehicle.

48.1. The victim has the right to file a claim for compensation for damage caused to his property directly to the insurer who insured the civil liability of the victim (direct compensation for losses), if the following circumstances are present simultaneously:

a) as a result of a traffic accident, damage was caused only to property;

b) the traffic accident occurred with the participation of 2 vehicles, the civil liability of the owners of which is insured in accordance with the Federal Law "On Compulsory Civil Liability Insurance of Vehicle Owners".

48.2. The insurer that has insured the civil liability of the victim shall assess the circumstances of the traffic accident set out in the notice of the traffic accident and, on the basis of the submitted documents, compensate the victim, at his request, for the damage caused to the property of the victim, in the amount of the insurance payment on behalf of the insurer who insured the civil liability of the person who caused the harm (provides direct compensation for losses).

48.3. 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, for compensation for harm that was caused to life or health, which arose after the presentation of the claim for insurance payment and which the victim did not know at the time of the claim. .

VIII. Determination of the amount of insurance payment

when causing harm to the life and health of the victims

49. The amount of insurance payment due to the victim in order to compensate for harm caused to his health is calculated by the insurer in accordance with Chapter 59 of the Civil Code of the Russian Federation.

In case of harm to the health of the victim, the lost earnings (income) that he had or could definitely have on the day of causing harm to him, as well as additional expenses incurred due to damage to health, including the costs of treatment, additional food, purchase of medicines, are subject to compensation. prosthetics, outside care, sanatorium treatment, purchase of special vehicles, training for another profession, if it is established that the victim needs these types of assistance and care and does not have the right to receive them free of charge.

The amount of insurance payment for causing harm to the life of the victim is:

135 thousand rubles - to persons who, in accordance with civil law, have the right to compensation for harm in the event of the death of the victim (breadwinner);

no more than 25 thousand rubles - to reimburse the costs of burial to persons who have incurred these costs.

50. In order to receive an insurance payment in connection with causing harm to the health of the victim, in addition to the documents provided for in paragraph 44 of these Rules, the documents provided for in paragraphs 51, 55-56 of these Rules are attached to the application for insurance payment, and in connection with causing harm to the life of the victim - documents provided for in paragraphs 53 and 54 of these Rules.

51. When a claim is presented to the victims for compensation for their lost earnings (income) in connection with an insured event that caused the loss of professional ability to work, and in the absence of professional ability to work - resulting in the loss of general ability to work, appear to be:

a) the conclusion of the relevant medical institution indicating the nature of the injuries and injuries received by the victim, the diagnosis, the period of disability;

b) a conclusion of a 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;

c) a certificate or other document on the average monthly earnings (income), scholarships, pensions, allowances that the victim had on the day of causing harm to his health;

d) other documents confirming the income of the victim, which are taken into account when determining the amount of lost earnings (income).

52. The amount of compensation for the lost earnings (income) of the victim 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 working capacity.

53. Persons entitled, in accordance with civil law, to compensation for harm in the event of the death of the victim (breadwinner), submit to the insurer:

a) 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;

b) a copy of the death certificate;

c) expired

d) birth certificate of the child (children), if at the time of the insured event, the deceased was dependent on minor children;

e) a certificate confirming the establishment of disability, if on the date of the occurrence of the insured event, the deceased was dependent on disabled people;

f) a certificate from an educational institution 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;

g) conclusion (certificate of a medical institution, social security authority) on the need for outside care, if at the time of the insured event, the deceased was dependent on persons who needed outside care;

h) a certificate from the social security authority (medical institution, 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 family members involved in caring for his relatives.

Insurance payment to persons entitled in accordance with civil law to compensation for harm in the event of the death of the victim (breadwinner) is made in equal shares, based on a total amount of 135 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 compensation for harm in the event of the death of the victim (breadwinner), before the expiration of the period provided for in paragraph 70 of these Rules.

If the insurer, within the period established by these Rules, has made an insurance payment to the person (persons) entitled to compensation for harm in the event of the death of the victim (breadwinner), other persons entitled to compensation for harm in the event of the death of the victim (breadwinner) and who have not declared to the insurer their before making a decision on the insurance payment, they have the right to apply with a claim for compensation of harm directly to the tortfeasor in the manner prescribed by civil law.

If during the life of the victim an insurance payment was made for causing harm to health, it is deducted from the amount of the insurance payment for compensation for harm in connection with the death of the victim (breadwinner).

54. Persons who incurred the necessary expenses for the burial of the deceased, upon presentation of a claim for compensation for harm, represent:

a) a copy of the death certificate;

b) documents confirming the necessary expenses for the burial.

Burial expenses are reimbursed in the amount of not more than 25 thousand rubles.

55. 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, as well as expenses for treatment and purchase of medicines, to which the victim is not entitled to receive free of charge (including in excess of the basic program of compulsory medical insurance) , represents:

a) an extract from the medical history issued by the medical institution;

b) documents confirming payment for the services of a medical institution;

c) documents confirming the payment for purchased medicines.

56. 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), the victim shall submit a medical report issued in accordance with the procedure established by the legislation of the Russian Federation, the conclusion of a medico-social or forensic expertise on the need for additional nutrition, prosthetics, outside care, sanatorium treatment, special vehicles, as well as:

a) upon presentation of a claim for reimbursement of expenses for additional meals:

certificate of local authorities or other authorized bodies on the prices prevailing in the region for products included in the daily food set of additional meals;

a certificate from a medical institution on the composition of the additional daily 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;

b) upon presentation of a claim for reimbursement of expenses for prosthetics - documents confirming payment for prosthetics services;

c) upon presentation of a claim for reimbursement of expenses for outside care - documents confirming payment for outside care services.

Outside care expenses are included in the amount of the insurance payment in the amount not exceeding 10 percent of the sum insured;

d) upon presentation of a claim for reimbursement of expenses for sanatorium-and-spa 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;

e) upon presentation of a claim for reimbursement of expenses for the acquisition of special vehicles:

a copy of the vehicle passport or certificate of registration;

documents confirming payment for the purchased special vehicle;

an agreement under which a special vehicle was purchased;

f) upon presentation to the victims of a claim for reimbursement of expenses related to training for another profession:

account for payment of vocational training (retraining);

a copy of the contract with the organization providing vocational training (retraining);

a document confirming payment for vocational training (retraining).

57. The insurance payment for each insured event may not exceed the established amount of the sum insured.

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 institution that provided them.

58. 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.

59. Bodies of state social insurance and social security, as well as insurance medical organizations are not entitled to present recourse claims against the insurer that carries out compulsory insurance.

IX. Determination of the amount of damages subject to compensation in case of damage to the property of the victim

60. In case of damage to the property of the victim in accordance with these Rules, the following are subject to compensation within the sum insured:

a) 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, 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 -;

b) other expenses incurred by the injured in connection with the harm caused (evacuation of the vehicle from the scene of a traffic accident, storage of a damaged vehicle, delivery of the injured to a medical institution, etc.).

61. When causing damage to the property of the victim (vehicles, buildings, structures, structures, other property of individuals, legal entities), in addition to the documents provided for in paragraph 44 of these Rules, the victim shall submit:

a) 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;

b) the conclusion of an independent expert examination on the amount of damage caused, if an independent expert examination 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 (if the examination is organized by the insurer, the expert opinions are with him);

c) documents confirming payment for the services of an independent expert, if the examination was carried out and payment was made by the victims;

d) 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 reimbursement;

e) documents confirming the provision and payment of services for the storage of damaged property, if the victim requires reimbursement of the relevant expenses.

Storage costs are reimbursed from the day of the traffic accident until the day the insurer conducts an inspection or an independent examination;

f) 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.

62. The victim submits to the insurer the original documents specified in paragraph 61 of these Rules, or their copies certified by a notary, or by the person (body) that issued the documents, or by the insurer.

To confirm payment for the purchased goods, work performed and (or) services rendered, the insurer shall be provided with original documents.

63. The amount of insurance payment in case of damage to the property of the victim is determined:

a) in case of complete loss of the property of the victim - in the amount of the actual value of the property on the day of the occurrence of the insured event. Total loss is understood as cases where repair of damaged property is impossible or the cost of repairing damaged property is equal to its value or exceeds its value as of the date of occurrence of the insured event. b) 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).

Restoration costs are paid based on the average prevailing prices in the relevant region.

When determining the amount of restoration costs, the wear and tear of parts, assemblies, assemblies and parts used in restoration work is taken into account.

64. The expenses for the restoration of damaged property include:

expenses for materials and spare parts necessary for repair (recovery);

repair costs;

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 additional costs resulting from the improvement and modernization of property, and costs caused by temporary or auxiliary repairs or restoration.

65. By agreement with the victim, the insurer shall have the right to organize and pay for the repair of damaged property on account of the insurance payment.

The responsibility for the quality of the repair to the victim lies with the person who carried out the repair.

If the insurance payment is paid to several victims and the amount of their claims submitted to the insurer on the day of the first insurance payment for compensation for damage caused to property in this insured event exceeds the insurance amount established by paragraph 10 of these Rules, insurance payments are made in proportion to the ratio of this insurance amount to the amount 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). The insurance payment for each insured event cannot exceed the amount of the established sum insured.

X. Making an insurance payment

66. If a criminal case has been initiated on the fact of a road 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.

67. The insurer has the right to independently request the competent authorities and organizations to provide the documents provided for in paragraphs 51, 53 - 56, 61 and 66. The insurer has the right to request the provision of only the documents 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 significantly affect the determination of the amount of the insurance payment.

Documents and opinions necessary to resolve the issue of payment of sums insured under a compulsory insurance contract are provided at the request of the insurer free of charge, except as otherwise provided by the legislation of the Russian Federation.

68. Lost power

69. The policyholder shall take reasonable and available measures in the circumstances in order to mitigate losses. Expenses incurred in order to reduce losses (provision of a vehicle for delivering a victim of a traffic accident to a medical institution, participation 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 harm caused by the vehicle, and the amount of reimbursement of costs are determined by agreement with the insurer, and in the absence of the consent of the parties - by the court.

70. The insurer considers the application of the victim for insurance payment and the documents provided for in paragraphs 44, 51, 53-56 and 61 of these Rules within 30 days from the date of their receipt.

Within the specified period, 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 to the victim, make the insurance payment or send a written notice of a full or partial refusal of the insurance payment, indicating the reasons for the refusal. An integral part of the act on the insured event is the conclusion of an independent examination (assessment), if it was carried out, and (or) an act of inspection of the damaged property.

In case of failure to fulfill this obligation, the insurer shall pay to the victim a penalty (penalty) for each day of delay in the amount of one seventy-fifth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day when the insurer was supposed to fulfill this obligation, from the established sum insured according to the type of compensation for harm to each victim.

The amount of the penalty (penalty) payable to the victim may not exceed the sum insured by type of compensation for harm to each victim.

71. In the act on the insured event, on the basis of the available documents, the calculation of the insurance payment is made and its size is indicated. A copy of the act on the insured event is transferred by the insurer to the injured person at his written request no later than 3 days from the date of receipt by the insurer of such a claim (if the claim is received after drawing up the act on the insured event) or no later than 3 days from the date of drawing up the act on the insured event (if the claim is received before drawing up an act on an insured event).

72. 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 subject to compensation is fully determined.

73. 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.

74. 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 term of the insurance payment may be extended until the end of the said proceedings and the entry into force of the court decision.

75. Insurance payment is made by cash or non-cash payment.

XI. The right to present a recourse

insurer's claims

76. The insurer has the right to present recourse claims against the person who caused the harm in the amount of the insurance payment made by the insurer, as well as the costs incurred in considering the insured event, if:

a) harm to the life or health of the victim was caused due to the intention of the said person;

b) the harm was caused by the specified person while driving while intoxicated (alcoholic, narcotic or otherwise);

c) the specified person did not have the right to drive the vehicle, during the use of which they were harmed;

d) the said person fled the scene of the traffic accident;

e) the specified person is not included in the number of drivers allowed to drive this vehicle, if the compulsory insurance contract provides for the use of the vehicle only by drivers specified in the compulsory insurance policy;

f) the insured event occurred when the specified person used the vehicle in a period not provided for by the compulsory insurance contract, if the compulsory insurance contract provides for the use of the vehicle in a certain period.

XII. Settlement of disputes

77. Disputes arising from a compulsory insurance contract are resolved in accordance with the legislation of the Russian Federation.

P 4.22 OSAGO rules. Documents required when applying for CTP. I. General provisions

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(effective from 04/13/2008, clauses 41.1 and 41.2 come into force from 12/01/2008, clauses 48.1 - 48.3 come into force from 07/01/2008)

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