Law "On compulsory insurance Civil Liability of Vehicle Owners” regularly undergoes changes aimed at improving the situation of car owners, reducing the costs of insurance companies and streamlining the market structure. Over the past 2016, the total number of changes has exceeded a hundred. In this article, we will analyze the main changes that occurred in the specified year, as well as the innovations that entered into force in 2017.
What changes did not come on January 01, 2017?
As mentioned above, of all the initiatives proposed by the RAMI, the Central Bank, the Government and the State Duma of the Russian Federation and initiative groups, the current version of the Federal Law includes only the issuance of electronic policies and the introduction of a unified RAMI information base. It allows the UK to exchange information about former and current clients. The following changes are not reflected in the current edition:
- a ban on the involvement of independent experts;
- replacing compensation payments with in-kind schemes;
- increase in damage under the "Europrotocol" up to 100 thousand rubles;
- cancellation of TC power factors;
- refusal to depreciate spare parts and parts that are to be replaced;
- an increase in the number of vehicle categories where a policy is not needed;
- “binding” the cost of the policy to the number of traffic violations committed.
Europrotocol
The main innovation in 2016 was the expansion of the requirements for registration of an accident without the involvement of authorized police officers - according to the so-called Europrotocol. If a number of requirements are met, some accidents can not be registered with the traffic police and, after drawing up the scheme, you can immediately go to your company. Parties to an accident can still file an accident in accordance with the Europrotocol, in cases where:
- the apparent cost of damage does not exceed 50 thousand rubles;
- only vehicles were injured in an accident (no more than two);
- no citizens were injured in the accident - drivers, passengers, pedestrians;
- the responsibility of both participants in the accident is protected by a motor citizen;
- the participants in the incident do not disagree about the role and guilt of each;
- on the fact of an accident, a diagram was drawn up indicating the objects of the surrounding infrastructure;
- the accident site was photographed and video recorded with coordinates indicated via GloNASS or another satellite positioning system.
The package of documents compiled by the participants at the scene of an accident according to the Europrotocol cannot be changed or increased upon request. Meanwhile, unscrupulous managers sometimes demand from citizens a certificate of an accident or a form for calculating damaged parts in order to refuse compensation for OSAGO if they do not receive them. It's illegal!
Electronic OSAGO policies
In 2016, electronic OSAGO policies were introduced in Russia, immediately called e-OSAGO. From July 01, 2016, citizens who had paper policies in their hands received the right to prolong the auto-citizenship in electronic form, and a full-fledged sale started on October 01. Information was not always transmitted to the traffic police, so car owners were advised to print out an electronic receipt and take it with them.
The changed rules of compulsory insurance of civil liability coincided with two landmark decisions, also reflected in the Law "On OSAGO". Firstly, a fine of 50 thousand rubles is imposed for refusing to sell a paper policy. This was a response to the refusal to sell car insurance in unprofitable regions and the imposition of additional services.
Secondly, pre-trial dispute resolution has begun to be applied in the field of auto-citizenship: if the applicant submits an application for compensation twice, the UK after the second time is obliged to pay the amount claimed, or give a reasoned answer. Next is the court.
Innovations 2017
The only fundamental change in 2017 that affected the OSAGO rules was the obligation (and not the right) of the UK to sell electronic policies. However, the training that took place throughout 2016 hit them themselves: companies often refused to sell policies to new customers, lost the bonus-malus ratio, and imposed additional conditions.
In December 2016, while the Central Bank of Russia and the RAMI were consulting on the widespread introduction of "electronic OSAGO", the insurance companies did not conclude agreements (even as part of the prolongation) with clients from other subjects of the Russian Federation. When asked what to do if the vehicle belongs to the next of kin, the IC managers answered: re-register the vehicle for yourself!
In 2017, all insurance companies are required to:
- sell E-OSAGO to any person who applies;
- ensure the smooth operation of the official website;
- inform about the work carried out on the site at least a day in advance;
- allow the site to be down for no more than four hours per month;
- withstand a load of 10,000 visitors at the same time (for new sites);
- accept applications for the sale of OSAGO by any electronic means (including E-mail);
- use official data from the RSA database.
The last point is the most doubtful. Unscrupulous players often “forgot” to transfer the bonus coefficient to the PCA, which is why an experienced driver who avoids accidents drives with the same discount year after year. When applying for an e-OSAGO, the IC specialist will again contact the information base of the Union and calculate the discounts available there.
Paragraph “K” of Article 14 of the Federal Law “On OSAGO” provides for the possibility of refusal to pay if the client, when concluding an agreement in the form of an electronic document, provided false information, which led to an unreasonable reduction in the amount of the premium. Simply put: I filled out the form on the site incorrectly - I saved a thousand rubles - I was left without compensation!
Lawyers and representatives of the Russian Union of Motor Insurers emphasize: before paying for a motor insurance card, it is necessary to clarify the general discount. If the payment has already been made, you need to go to the IC office and write an application for the return of overpaid money, after which changes will be made to the e-OSAGO form and the printed receipt from the site.
If a citizen, having issued e-OSAGO, still wants to receive a paper policy, the document will be handed over to him or sent by mail free of charge - OSAGO rules provide for this option. The customer, in addition to the cost of the electronic form, pays only for the postage.
Independent expertise in 2016
During the discussion of the latest amendments to the Law "On OSAGO", a resonance was caused by the plans of the PCA to prohibit the involvement of independent automotive experts. According to representatives of the head of the Union, human rights activists sued up to 10 billion rubles. annually, indicating in the claims the amounts that are several times overstated in comparison with independent experts - often affiliated ones.
Independent human rights activists visited people who got into road accidents. The parties entered into an agreement under which the victim received a certain amount "here and immediately", and in return he issued a power of attorney for the right to represent his interests in the UK and in court. Further, talented lawyers made thousands of competent lawsuits and won!
Considering that the courts took the side of these same human rights activists (that is, they recognized the legal right to claim and the amount of the claim), they were within the legal field. Consequently, the statements of RSA functionaries about the “almost theft” of 10 billion rubles. are not related to reality, and the money lost was supposed to remain operating profit?
Innovations 2017
To counter outside lawyers, paragraph 11 of Art. 12 of the Law "On OSAGO". Upon the occurrence of a case, a citizen is obliged to prepare an application for payment within the time period established by law - earlier it was required to provide a vehicle or its remains for inspection. If this was not received, the citizen was not entitled to payment. Besides:
- the victim is not entitled to independently organize an independent technical expertise before sending the documents to the IC;
- if it was organized bypassing the UK, the results are not accepted;
- the payment period is calculated from the moment of the initial or re-submission of documents to the UK.
To pass the examination, you must provide:
- vehicle registration documents;
- documents about the accident or their copies sent to the UK;
- a certificate of an accident (if it was issued by a traffic police officer);
- referral for examination, if an appropriate agreement has been concluded between the UK and the expert (company);
- other documents related to the accident.
Paragraph 5 of the same Rules states: the car owner must first apply to the UK for a referral for examination, and go to an independent structure only if he was not issued a referral within the statutory period. Consequently, the involved human rights activists, acting by proxy, must still apply to the Investigative Committee for a referral, and only in case of disagreement have the right to conduct an alternative verification.
Bankruptcy of the UK in 2016
Of great importance for the professional community, but not very much - for ordinary consumers - is Art. 20, where the concept of bankruptcy of an insurance company and the transfer of its rights and obligations to a professional association (PIC) appeared. In 2016, it was indicated that the TIC has the right to file recourse claims and seek compensation from the perpetrators of the accident.
Rating: 0/5 (0 votes)The purpose of the bill, which we will consider today, is to protect the direct rights of victims of road accidents. This includes both health protection and compensation for damage to property. Next, we will try to analyze this current Federal Law of the Russian Federation in more detail.
Federal Law 40 on OSAGO changes 2016
FROM latest changes the insurance act is dated May 23, 2016. It was on this date that amendments were made, by means of which several articles were superfluous (the amendment touched on articles 13 and 23). The Russian newspaper noted this in one of its issues. General rules here remained unchanged. In the old text of the document, the procedure for paying compensations had some flaws, and therefore cardinal changes were required in the legal regime of this process. Plus, earlier it was impossible to conclude an electronic contract, and the law forbade companies to act through insurance brokers - a lot of lawsuits fell on the insurance company because of fake policies, to which they had nothing to do. The current version is recognized to regulate this segment as well. The requirement and procedure are mandatory for all subjects of such legal relations.
new edition 2016 with comments
The Russian Civil Code usually goes in conjunction with the law on auto insurance. For example, in terms of the settlement of losses, strictly civil law dispositions apply. Moreover, the provisions of auto insurance in Russia are necessarily established taking into account the norms on the protection of consumer rights and, of course, the Constitution of the Russian Federation. You can read the comments with the text itself on the specialized websites "Consultant Plus" or "Garant", you can download it online for free
OSAGO discounts for accident-free driving
The latest edition of the Federal OSAGO Act does indeed have advisory standards that are designed to reward drivers for driving without incident (Article 22). The amount for insurance can be significantly lower if a citizen drives carefully. The amount of discounts depends on the existing tariffs in the company, and they are also available to the disabled, regardless of the driving experience. Therefore, the amount of the discount must be clarified on the spot. We will only note that for ten years of driving without accidents, a discount of 50% of the basic cost will be available. And vice versa - the change may also apply to an increase in the amount up to 50 percent of the face value, if you often get into an accident.
A fine of 50 percent under the law on the protection of consumer rights under OSAGO
Indeed, if the court decision under the new version of the OSAGO law is in favor of a civilian, then along with the main amount of the payment, he can receive half of the original amount in addition to all appointments.
The pre-trial procedure, as a means of avoiding more serious liability, provides insurers with the opportunity to familiarize themselves with the claim in time and take actions to pay. The full grace period for consideration is exactly 5 days. Then there will be a penalty and the specified fine. Arbitrage practice over the past two years shows that every fourth decision is made in favor of the applicant (car enthusiast). At the moment, the PCA is preparing the application of several by-laws that relate to technical inspection and registration of a diagnostic card. The transport committee under the State Duma of the Russian Federation will accept them.
Statement of claim for OSAGO, taking into account the law on consumer rights, a fine
After the termination of the contract (contract in electronic format, euro protocol, etc.), by default it contains a list of regulatory documents, including those regarding the payment of the fine in question. This fine, shown to be paid by the insurance company, is specified in Art. 13 (Chapter 1, Section 6 of the Federal Law on consumer rights). Therefore, no additions are required here. The law itself indicates the mandatory nature of compensation for damage. For January/February next year, it is planned to increase this value to 70%.
Terms of payment of insurance compensation under OSAGO according to the law
Article 1
Include in the Federal Law of April 25, 2002 N 40-FZ "On Compulsory Insurance of Civil Liability of Vehicle Owners" (Collection of Legislation Russian Federation, 2002, N 18, art. 1720; 2005, N 30, art. 3114; 2007, N 1, art. 29; No. 49, art. 6067; 2008, N 30, Art. 3616; 2009, N 9, Art. 1045; No. 52, art. 6438; 2010, N 6, Art. 565; No. 17, art. 1988; 2011, N 1, art. four; No. 7, art. 901; No. 27, art. 3881; No. 29, art. 4291; No. 49, art. 7040; 2012, N 31, Art. 4319, 4320; 2013, N 30, Art. 4084; 2014, N 30, art. 4224; 2015, N 48, art. 6715) the following changes:
1) the first paragraph of paragraph 3 of Article 8 shall be stated as follows:
"3. The validity period of the limits set by the Bank of Russia for the base rates of insurance tariffs (their minimum and maximum values expressed in rubles) and coefficients of insurance tariffs cannot be less than one year.";
2) in paragraph 11 of Article 12:
a) in the first paragraph, the words "presenting damaged property to the victims for inspection" shall be replaced by the words "receipt of an application for insurance payment or direct compensation for losses with the attached documents provided for by the rules of compulsory insurance,";
b) add the following paragraphs:
"If 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 the first and second paragraphs 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 payment or direct compensation for losses along with the documents provided for by the rules of compulsory insurance.
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 payment 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.
In the event that the insurer returns to the victim, on the basis of paragraph four of this clause, an application for insurance payment or direct compensation for losses, together with the documents provided for by the rules of compulsory insurance, the terms 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 to pay the insurance payment, are calculated from the day the injured insurer re-submits the application for insurance payment or direct compensation of losses to the injured insurer together with the documents provided for by the rules of mandatory insurance.";
3) Paragraph 1 of Article 14 shall be supplemented with subparagraph "k" of the following content:
"j) the policyholder, when concluding a compulsory insurance contract in the form of an electronic document, provided the insurer with false information, which led to an unreasonable reduction in the amount of the insurance premium.";
4) in Article 15:
a) point 4 shall be stated in the following wording:
"4. By agreement of the parties, the insured has the right to submit copies of the documents necessary for concluding a contract of compulsory insurance. In cases provided for by the rules of compulsory insurance, these documents may be submitted in the form of electronic copies or electronic documents or by obtaining access to the information contained in the documents by insurers, specified in subparagraphs "b" - "e" of paragraph 3 of this article, by exchanging information in electronic form with the relevant authorities and organizations, including using a unified system of interdepartmental electronic interaction.";
b) the second paragraph of clause 7 shall be recognized as invalid;
c) clause 7 2 shall be stated as follows:
"7 2. A compulsory insurance contract may be drawn up in the form of an electronic document, taking into account the specifics established by this Federal Law.
The insurer is obliged to ensure the possibility of concluding a compulsory insurance contract in the form of an electronic document with each person who has applied to him with an application for concluding a compulsory insurance contract in the form of an electronic document, in the manner established by this Federal Law.
If the insured has expressed a desire to conclude a compulsory insurance contract in the form of an electronic document, the compulsory insurance contract must be concluded by the insurer in the form of an electronic document, taking into account the requirements established by Federal Law No. proceeds of crime and financing of terrorism".
The creation and sending by the insured to the insurer of an application for concluding a compulsory insurance contract in the form of an electronic document is carried out using the official website of the insurer in the information and telecommunication network "Internet". At the same time, the specified official website of the insurer can be used as an information system that ensures the exchange of information in electronic form between the insured, the insurer, which is the operator of this information system, and the professional association of insurers, which is the operator of the automated information system of compulsory insurance, created in accordance with Article 30 of this Federal law. The list of information provided by the insured using the official website of the insurer in the information and telecommunications network "Internet" when creating an application for the conclusion of a compulsory insurance contract in the form of an electronic document is determined by the rules of compulsory insurance.
Access to the official website of the insurer in the information and telecommunications network "Internet" to perform the actions provided for in this paragraph may be carried out, including using a unified system of identification and authentication or the official website of a professional association of insurers in the information and telecommunications network "Internet".
In the event that the provision by the insured, when concluding a compulsory insurance contract in the form of an electronic document, of false information led to an unreasonable decrease in the amount of the insurance premium, the insurer has the right to present a recourse claim in the amount of the insurance payment made against the insured who provided false information, upon the occurrence of an insured event, as well as collect from him in the prescribed manner funds in the amount of the amount unjustifiably saved as a result of providing false information, regardless of the occurrence of an insured event.
When carrying out compulsory insurance, an application for concluding a compulsory insurance contract in the form of an electronic document sent to the insurer and signed with a simple electronic signature of the insurant - individual or an enhanced qualified electronic signature of the policyholder - legal entity in accordance with the requirements of the Federal Law of April 6, 2011 N 63-FZ "On electronic signature", is recognized as an electronic document, equivalent to a paper document signed with a handwritten signature.
Immediately after the insured pays the insurance premium under the compulsory insurance contract, the insurer sends the insured an insurance policy in the form of an electronic document, which is created using an automated information system for compulsory insurance, created in accordance with Article 30 of this Federal Law, and signed with an enhanced qualified electronic signature of the insurer in compliance with the requirements Federal Law of April 6, 2011 N 63FZ "On Electronic Signature". At the request of the policyholder, an insurance policy drawn up on a strict accountability form can be issued to him at the office of the insurer free of charge or sent to the policyholder at his expense by mail. At the same time, the price at which the insured pays for the service by sending him an insurance policy drawn up on a strict accountability form is indicated separately from the amount of the insurance premium under the compulsory insurance contract.
Simultaneously with sending the insurance policy to the insured in the form of an electronic document, the insurer enters information about the conclusion of the compulsory insurance contract into the automated information system of compulsory insurance, created in accordance with Article 30 of this Federal Law.
5) in the second paragraph of paragraph 1 of Article 16 1 the word "five" shall be replaced by the word "ten";
6) Article 22 shall be supplemented with paragraph 1 1 of the following content:
"1 1. Insurers, a professional association of insurers are obliged to ensure the uninterrupted and uninterrupted functioning of their official websites in the information and telecommunication network "Internet" in order to conclude compulsory insurance contracts in the form of electronic documents in the manner prescribed by paragraph 7 2 of Article 15 of this Federal Law, in in accordance with the requirements established by Bank of Russia regulations, including by carrying out activities aimed at eliminating cases of failure to provide, improper provision of services for concluding such agreements due to the occurrence of adverse events related to internal and external factors of functioning information systems(hereinafter - the risks of disruption of the functioning of information systems).
Insurers, a professional association of insurers are obliged to inform the Bank of Russia about the facts of the occurrence of risks of disruption of the functioning of information systems in the manner established in accordance with subparagraph "c" of paragraph 1 of Article 26 of this Federal Law.";
7) subparagraph "c" of paragraph 1 of Article 26 shall be supplemented with the words ", including ensuring the uninterrupted and uninterrupted functioning of its official websites in the information and telecommunication network "Internet" in order to conclude compulsory insurance contracts in the form of electronic documents, including in the case of issuing an insurance policy on a strict reporting form, and the procedure for informing the Bank of Russia about the facts of the occurrence of risks of disruption of the functioning of information systems in accordance with paragraph two of clause 1 1 of Article 22 of this Federal Law";
8) Paragraph one of paragraph 1 of Article 32 after the words "compulsory insurance" shall be supplemented with the words "or information printed on paper on the conclusion of a compulsory insurance contract in the form of an electronic document", the word "its" shall be replaced by the words "relevant document".
Article 2
Paragraph three of subparagraph "b" of paragraph 17 of Article 1 of the Federal Law of July 21, 2014 N 223-FZ "On Amendments to the Federal Law" On Compulsory Insurance of Civil Liability of Vehicle Owners "and Certain Legislative Acts of the Russian Federation" (Collected Legislation of the Russian Federation , 2014, N 30, item 4224) to recognize as invalid.
Article 3
1. This Federal Law shall enter into force ten days after the day of its official publication, with the exception of the provisions for which this article establishes other terms for their entry into force.
3. Clauses 3, 4, 6, 7 of Article 1 of this Federal Law shall enter into force on January 1, 2017.
4. The time limit for consideration of a claim by an injured person, established by clause 1 of Article 16 1 of Federal Law No. 40-FZ of April 25, 2002, "On Compulsory Insurance of Civil Liability of Vehicle Owners" (as amended by this Federal Law), applies to relations between victims and insurers arising in connection with traffic accidents that took place after the day this Federal Law came into force.
President of the Russian Federation V. Putin
The OSAGO policy will now be only for a period of one year.
From September 1, 2016, new rules for compulsory insurance of car owners against civil liability will come into force in the Russian Federation. According to the new rules, the OSAGO policy must now have a validity period of at least 1 year. This means that drivers will no longer be able to purchase several months of action to pass the inspection. Also, now victims of an accident will not be able to apply to an independent examination on their own initiative. In this article, we will describe all the new changes in OSAGO rules for Russian motorists.
New examination of cars after an accident
The law on the new validity of OSAGO policies and the prohibition of independent examination for victims of an accident has already been adopted State Duma and approved by the Federation Council. Amendments to the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” provide that the basic rates of OSAGO insurance rates established by the Bank of Russia will have a validity period of at least 1 year. This rule will no longer allow motorists to purchase an OSAGO policy for 3 months or 6 months. Now insurers will start selling OSAGO policies only for a period of 1 year. This provision will come into force on September 1, 2016. Also, according to the changes, the owners of cars affected in an accident will now have to provide them to insurance companies for inspection. Only after that they will be able to receive insurance compensation under the OSAGO policy.
Independent expertise will no longer be available to victims of road accidents. Now the competence of insurance companies includes the inspection of damaged vehicles or their remains, the organization of an independent technical expertise and evaluation. The insurance company will be obliged to carry out these procedures within a period of not more than 5 working days from the date of receipt of the application from the victims of the accident along with the attached necessary documents for insurance payment or direct compensation for losses. According to the new law, the victim in an accident will no longer be able to independently organize an independent examination or an independent assessment of the insured motor transport. Without providing the damaged vehicle for inspection by the insurer, companies will have the right to return the claim for insurance payment back to the victims without consideration. Interestingly, this amendment has long been lobbied by insurance companies. This was a consequence of the fact that insurance companies suffered large losses due to the activities of automobile lawyers who redeemed the right to claim damages. After that, the lawyers recovered through the court from the insurance company compensation for the loss provided for under the OSAGO policy and the costs of legal assistance. It was a real conspiracy between mobile lawyers and car owners injured in an accident. After such decisions of the courts, car owners received compensation under the OSAGO policy; lawyers earned decent fees for themselves. And the insurance companies turned out to be the payers of all this. Thanks to such actions of automobile lawyers, the victims did not waste time at all arguing and providing insurance companies with their cars for inspection. They did not have to wait for a decision on the payment. So Automotive lawyers immediately gave the injured person a substantial amount to repair the car. After that, the lawyers themselves conducted an independent examination and evaluation of the car.
However, according to new normal law, an examination conducted by an insurance company cannot be called independent. Many independent experts receive so-called bonuses from insurance companies and greatly underestimate the cost of repairs. Such reimbursement amounts are barely enough for a garage repair of a car.
Stimulation of debtors to the state
Enforcement debtors will not be able to register cars. The Government of the Russian Federation also submitted for consideration a draft law on amendments to the laws “On security traffic” and “On enforcement proceedings”. These changes prohibit debtors from registering motor vehicles and obtaining a driver's license. These amendments should become an incentive for debtors to repay their debts on enforcement proceedings on time. Such changes to the federal law "On Enforcement Proceedings" can significantly worsen the lives of debtors. If a person has an outstanding debt for enforcement proceedings in the amount of 10,000 rubles, he will be denied registration of motor vehicles and passing exams for a driver's license. At the same time, the law will oblige the post office and credit organizations involved in accepting payment of money to pay off debts in enforcement proceedings to immediately report the payment to the state information system.
"- according to this regulatory act, significant amendments were made to the Federal Law No. 40 of the Law "On OSAGO". The law has undergone the largest reform in history, although not all of the planned changes have been made. In particular, the increasing coefficient for persistent traffic offenders in 2017 will not be applied, although this item caused the greatest resonance.
What amendments to the law "On OSAGO" - 2016 were approved and what should motorists expect from 2017?
Download the full text of the law "On OSAGO" FZ No. 40
The government took care of the availability of OSAGO
There are several regions in Russia that are recognized as "toxic" - in these areas, insurers are forced to pay compensation to drivers under OSAGO more often and significantly large sizes than the Russian average. The toxic regions include the Volgograd, Rostov, Ivanovo, Murmansk and Chelyabinsk regions, as well as the Krasnodar Territory.
The high accident rate in these constituent entities of the Russian Federation is primarily due to the poor condition of the roads - in the southern regions, for example, roads are a real disaster.
The consequence of the "toxicity" of the regions is that it is very problematic to buy an OSAGO policy here even for experienced and responsible drivers. But driving without auto insurance is prohibited! The motorist finds himself in a difficult situation: he simply does not have the opportunity not to break the law!
The government did not "turn a blind eye" to this paradoxical situation - an amendment to Federal Law No. 40 should contribute to its resolution, no less resonant than the introduction of a "penalty" coefficient (which failed). From January 1, 2017, each of the insurance companies must begin to implement the so-called e-policies - that is, the sale of insurance via the Internet.
This amendment has caused stormy indignation in motor insurers. They claim that they will need to invest a lot of money in order to integrate stable online services for selling policies, when in fact this is an argument "for fools" - now any student of programming can do such a job.
Thanks to the new edition of the 2017 law “On OSAGO”, the car owner no longer needs to travel around the city by public transport and look for where they will agree to sell the policy. It is enough to go to the website of any auto insurer in the city of any "toxicity" and send an application for OSAGO, attaching scans of your documents. The insurer will not be able to "get off" from the sale of the "increased risk" policy, even if it refers to the temporary inoperability of its portal - according to the law, it is Insurance Company is obliged to ensure that the Internet service is available 24 hours a day.
The unavailability of the insurer's portal is the basis for a motorist's complaint, and a complaint against a legal entity threatens to turn into a six-figure fine.
What other innovations?
Other notable adjustments were made to Federal Law No. 40 “On OSAGO”:
Right of recourse. Insurers received this right as a kind of "compensation" for the emergence of their obligation to sell electronic policies. A recourse request can be made to the insured if, when buying OSAGO via the Internet (or in the usual way - through the office), the motorist indicated incorrect information about himself. The recourse assumes that the driver who became the culprit of the accident will be forced to partially or fully compensate for the damage to the victim - even if he is insured.
Mandatory inspection by the auto insurer. Previously, the insured, who was obviously sure that the insurer would offer little, was allowed to immediately take the car for examination to an independent specialist. The OSAGO law with the latest amendments obliges the motorist to provide the vehicle for inspection to the insurer within 5 days, listen to the offer and then decide whether it suits him. The new law FZ-40 “On OSAGO” therefore gained fame as “directed against auto lawyers”, because it is lawyers who knock motorists “out of their pants”, convincing that the search for a compromise with the insurer is a business that is obviously doomed to failure.
Fixed inspection time. In addition to the obligation to organize the sale of electronic policies, auto insurers have another one - to inspect cars that have been in an accident a maximum of 5 days after a road collision. Previously, the same period was counted from the moment when the insured was ready to provide his vehicle for inspection.
There is another important innovation that has already been implemented in 2016. According to the new law “On OSAGO”, since October 2016, they stopped selling policies of the old type (green) - only pink ones with increased protection remained on sale.
Law "On OSAGO": key points
Despite the fact that many amendments were made to the law "On OSAGO", the main postulates and the structure of the normative act remained unchanged. The preamble to the law states that the purpose of Federal Law No. 40 is to protect the rights of victims of road accidents. Please note that it does not say anything about protecting the rights of insurers.
The law consists of 34 articles divided into 6 chapters:
General provisions. The articles in this chapter talk about what a vehicle is, compensation payment, insurance rate, and so on. The principles of auto insurance in Russia are also established here - one of the main ones is universality: every driver must be insured.
Conditions and procedure for the implementation of insurance. In fact, it is in the second chapter that all the most important information for a motorist is given - for example, how the size of the insurance payment is determined, how to argue with the insurer. A motorist who has little time to study Federal Law No. 40 should start from the second chapter and finish with it.
Compensation payments. An entire chapter of the law is dedicated to telling drivers in which cases they are entitled to compensation and how to achieve these same compensations. The chapter is quite short: it is worth reading it, if only because it talks about limits on the amount of compensation payments.
Insurers. Another short chapter - its content is unlikely to be of interest to the townsfolk. Firstly, there is information here that is useful only for the insurers themselves, and secondly, a lot of effort will have to be made to translate the text of the chapter from legal into Russian.
Professional association of insurers. This chapter, as you might guess, describes the purpose of existence, the functions and responsibilities of unions and associations of insurers.
Final provisions. The last chapter deals with the ways insurers communicate with government bodies, as well as international insurance systems.
The new law "On OSAGO" is aimed at achieving several goals: the first is to increase the availability of auto insurance policies in Russia, the second is to establish contact between insurers and policyholders. The state wants these two parties to find a way to resolve disputes without recourse to the courts and third parties. More than others, auto lawyers are dissatisfied with the new version of Federal Law No. 40 - after all, they are the third parties who earn money on conflicts between insurance companies and motorists.