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Obligatory insurance of carrier liability to passengers and their goods: contract, objects

Surely you have at least once dealt with passenger transport or used the services of a car carrying out freight transportation. At the same time, you definitely came across such a concept as mandatory carrier liability insurance. Know the conditions, features and rules of that type of policies should not only carriers but also passengers.

Firms operating in the field of the movement of goods or passengers are fully responsible for the safety of travel. If something happens along the way, you will have to pay for the damage from your own pocket. Saving money is quite realistic, for this there is carrier liability insurance.carrier liability insurance

What kind of policy

This is a special agreement that carriers conclude with an insurance company. The beneficiary in this case is the 3rd person: the owner of the cargo or the passenger.

The carrier liability insurance contract is signed for the following case:

  • probable infliction of any harm to the health or life of the passenger;
  • disappearance or damage to baggage;
  • damage (partial or total), destruction, disappearance of the cargo or its delivery to a destination;
  • causing harm or loss to citizens who are outside the vehicle but who have suffered from its impact.

All the rules and regulations of the process are regulated by the law on compulsory insurance of liability of carriers (Federal Law No. 67), which entered into force in early summer 2012. The presence of a policy is mandatory for all modes of transport:

  • railway;
  • water;
  • automobile;
  • air.

rules

All enterprises engaged in passenger transportation and delivery of goods are required to have an appropriate license. passenger carrier liability insuranceAnd its receipt implies indispensable liability insurance. It is of two types:

  • negotiable;
  • non-contractual.

The first option shall enter into force when the contract of carriage was not executed at all or any violation was committed. The second option involves cases not related to the terms of the contract.

In general, liability of transport companies is regulated by various transport charters, as well as Articles 40 and 59 of the Civil Code of the Russian Federation. It states that any transport requires a contract. And if it is violated or caused damage during its operation, the carrier is obliged to bear responsibility.

However, there are cases where liability becomes increased. All this is reflected in the contract. In addition, the carrier company is also responsible in cases where the transport was delayed in transit or at departure and arrived later than expected. The carrier is also obliged to compensate for damage to the cargo or its loss. An exception may be only cases when the incident did not depend on the organizer of transportation and he could not have foreseen this.
compulsory carrier liability insurance

The risks

After the situation stipulated by the contract, the beneficiaries receive the required amount. If we are talking about such a thing as passenger transportation, the size of the payment will depend on how severely the person was injured.
Payments do not depend on the travel distance or the type of transport on which it was made.

In freight transport, the amount will depend on the loss incurred. In this case, the risks include:

  • damage to cargo;
  • death of the transported cargo, as well as indirect losses associated with this;
  • environmental pollution;
  • expenses associated with calculating the degree of loss;
  • responsibility at customs;
  • shipping to the wrong address.

compulsory carrier liability insurance law

Features of the contract

Carrier liability insurance must meet certain requirements. First of all, you need to draw up a document (in writing). The following information is entered there:

  • information about the insured;
  • technical parameters of cars subject to insurance;
  • information about the crews authorized to drive these vehicles;
  • data on the nature of the use of the vehicle;
  • information on goods permitted and / or prohibited for transportation by these vehicles;
  • probable risks;
  • insurance period, as well as limits set for the amount of compensation.

Carrier liability insurance may be carried out for the duration of only one specific flight or for any other period.

Tariffing

Rates for this type of insurance are calculated on the basis of special coefficients and rates multiplied among themselves. In addition, the government sets min and max values. The following factors can influence the increase in tariff:

  • type and purpose of the vehicle;
  • vehicle specifications;
  • features of its design;
  • type of insurance risk;
  • data on the safety of the trip (condition of the car, situation in the area where the flight is made, and so on).

The passenger carrier liability insurance rate is set at one place.Passenger Transportation

Subtleties of the document

After observing all conditions and formalities, as well as calculating the amount of the insurance premium, the policy itself is drawn up. The document defines the name and characteristics of the car (another vehicle). The carrier is designated as the policy holder (owner). An insurance document certainly contains the following data:

  • requisites;
  • name of insurer;
  • cost;
  • date of execution (signing) of the contract;
  • validity periods of the document.

Carrier liability insurance implies the unconditional right of a person who has a ticket to get acquainted with the characteristics of the policy issued to the vehicle with which he travels. You can see information about the insurance number, as well as some details of the contract, on the website of the carrier company, in free brochures, tickets, on information or billboards.

You should not use the services of a carrier withholding policy data or refusing to present it upon request. The consequences can be unpredictable.

Payouts and their sizes

If the misfortune still happened, you can count on the following amounts:

  • 2,000,000 rubles - the largest amount that can be claimed in case of any harm to health (to any extent). This includes the costs of rehabilitation, treatment and compensation for lost income.
  • 2 025 000 rubles - the maximum amount that relatives can receive in the event of the death of a passenger. This includes expenses for burial, reimbursement of income of the deceased to people who were dependent on him.
  • 23 000 rubles - compensation (maximum) for lost baggage.
  • In case of cargo damage - the cost of repairing it, and if this is not possible, the amount by which the value of the luggage depreciated.
  • In the event that the cargo was sent “wrong way”, the carrier searches for it and delivers it as intended at its own expense.

carrier liability insurance contract

In addition to all of the above, you can reimburse such expenses:

  • investigation of the circumstances of the incident;
  • assessment of damage received;
  • payment for the services of an expert and / or lawyer;
  • litigation costs.

In the event that there is more than one victim, the maximum amount of payment is divided among all in proportion to the amount of damage.

Additional terms

There are situations when the health of a passenger has worsened, it seems, not through the fault of the carrier company. But you can still get paid. Perhaps this is in such cases:

  • if it is possible to prove a violation of the rules for moving passengers or operating a vehicle;
  • when it became known that the vehicle was driven by a person who is not qualified;
  • it was found that the driver was driving at the time of an exacerbation of any disease;
  • in a situation when it was known in advance about the probability of an insured event (poor technical condition of the vehicle);
  • the transport was overloaded.

In cases where the company carries out transportation without an insurance document, it faces a fine, as well as the deprivation of a license to carry out such activities.


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