Law on compulsory motor third-party liability insurance must be known to every driver. Whatever situations arise on the road, if based on its provisions, it will be easier to assert your rights. During its short existence, it has undergone many changes. We will study the law on compulsory motor third-party liability insurance as a whole and with amendments up to and including 2016.
The concepts
The first article contains the main definitions, which are then found in other articles of the law. So, for example, a person who became a participant in an accident is recognized as a victim, and damage has been caused to his health, life or property. In addition to the driver of the vehicle, this category may include a passenger or a pedestrian.
Another concept is an insured event. He recognizes the moment when civil liability of the violator of traffic rules comes.
Compensation Payments are payments that are directed towards repayment of damage caused as a result of an accident.
The law also introduced concepts such as direct damages insurance rate and settlement of claims.
Other legal acts
If legal disputes arise related to compensation for damage, the OSAGO law stipulates that other acts may be applied. These include the following.
- Civil Code of the Russian Federation.
- Federal Law No. 40 of April 25, 2002.
- Federal Law No. 67 of June 14, 2012.
- Treaties of international law.
Principles
Among the main principles of OSAGO the following are distinguished.
- Coverage of harm by the insurer is guaranteed.
- Each car owner must have an insurance policy.
- The situation on the road is monitored by authorized bodies.
- All car owners are committed to promoting safe DD.
Insurance object
The property interests of citizens are subject to insurance.
At the same time, there are times when redress does not occur.
- Use of a vehicle by a person not specified in the contract.
- Skipping the deadline for claiming insurance benefits.
- Damage that was made during training riding, competitions or trials.
- Environmental pollution.
- Damage to the transported goods, if it is insured.
- Causing damage to the health or life of employees, in the performance of their duties in the conditions when they are insured.
- Damage to trusted property was made by the driver himself.
Timing, Payments, Evaluation, Verification
The Law on CTP in Article 10 governs the period of validity of the policy. The standard is one year. But a temporary agreement of 20 days can be concluded for foreign citizens. In addition, for specialized equipment MTPL can be issued for only 6 months.
Changed the amount payable as a result of an accident when there are dead.
Citizens who have lost the breadwinner are paid compensation in the amount of 475 thousand rubles.
An amount of 25 thousand rubles is now issued for burial.
For an independent expert organization, there is a clearer procedure. So, five working days is given for the description of the property, taking into account the wear of the units and all parts, clarification of the circumstances of damage, determination of the amount necessary to cover costs, calculation of repair work, writing the item numbers of those parts that are not subject to wear, and recording information about mileage TS.
CTP insurance policy verification can be carried out on the Internet, on the PCA website. There are many visual (explicit and implicit) differences that you can notice. But the main of them includes checking the insurance policy on its unique number.
Damage
If damaged property is not subject to restoration, or if the cost of repair exceeds the new property, the refund is 100%. The final cost includes both spare parts and materials, and the work itself.
Payment for the restoration of health occurs after a certificate is presented from the traffic police about the accident and a document from the medical institution about the degree of damage.
The CTP Law also provides for additional payments: if the health deterioration exceeded the amount of payment, or the person became disabled, or the treatment spent caused the loss of earnings.
Repair or Payments
SK may have an agreement with the service station. Then compensation occurs through repair work at this station. A referral for repair will then contain all data about the surcharge, if required by the injured party.
All payments made by SK are controlled by the Central Bank. Therefore, in case of problems, the policyholder can always complain to this authority.
2016 changes
Gradually, all different changes were introduced into the law. We will consider some of them and see in the end what the new edition has become CTP Law Today.
Since 2014, insurance payments have reached 400 thousand rubles in Moscow and the region, St. Petersburg and the Leningrad region. In other regions, OSAGO tariffs have remained at the same level, but in the near future it is planned to equalize the sum for all regions.
If the life or health of people is harmed, the compensation is 500 thousand rubles from April 2015.
The victim can choose not material compensation for property damage, but repair and restoration work at one of the service stations of the insurance company.
The insurance company must now decide more quickly the question of whether to pay compensation to the victim or not.
The forfeit, which SK will have to pay, has now become 0.05%.
In case of disagreement between the insurer and the insured, a written discussion is required in the form of claims before the court.
If the injured party wins the lawsuit, the UK will have to pay a fine of 50% of the amount payable to the policyholder.
Since 2015, the insurance policy can be issued via the Internet.
The list of those who receive payments as a result of the death of the victim has expanded.
The procedure for evaluating the vehicle has become clearer.
CTP rates from September 2016 will be valid for more than a year.
The cost of insurance depends on the territory where the vehicle is registered.
A certain number of accidents can now be executed without the involvement of traffic police inspectors. In this case, accidents should be minor, without casualties and injured persons. There should also be no disagreement among participants.
A claim for payment of compensation may be accepted both by the insured and by the insurer.
In each region, the insurance company must have a representative who has all the necessary powers.
Individual insurers have the right to make transactions with foreigners.
Conclusion
Thus, the innovations that affected both the CTP insurance policy and legal relations on the road are aimed at improving the infrastructure and improving the quality of service and services.
This law on compulsory motor third-party liability insurance requires more transparent activities, which should serve to increase confidence in the insurance institution in Russia.
