The lawmakers have established a high penalty paid to the injured party under the compulsory motor liability insurance contract in cases where the insurer has violated its obligations. Its size, as a rule, is higher than those used in civil relations, which is typical, rather, for legal relations with consumers. From the article we learn how the penalty for compulsory motor third-party liability insurance is calculated and how much car owners can count on.
The concept
Forfeit refers to one of the legal methods for ensuring fulfillment of obligations by a party to an agreement, which is expressed in the costs incurred by an unscrupulous participant in the transaction. This payment is usually paid in arrears or paid as a percentage of a specific amount in favor of the injured person.
The condition is established by law or contract. In relation to the issue under consideration, they are guided by the provisions of the Law on OSAGO No. 40-FZ, as well as the Rules approved by the Central Bank No. 431-P.
Payment is mandatory. The parties cannot change the amount of interest in order to carry out the calculation of the CMTPL forfeit according to the old rule or at their discretion, as well as indicate in the contract the exemption from this liability. Moreover, the appropriate collection is carried out only on the basis of the provisions of Law No. 40-FZ.
The insurer does not pay a penalty in the following cases:
- If the obligations are performed in good faith.
- The delay occurred due to force majeure, the fault of the victim or the fault of the policyholder.
When can I demand
Calculation of the penalty for compulsory motor liability insurance is carried out in case of delay in the fulfillment of obligations by the insurer, namely in case of violation of the terms:
- Payment or issuance of the appropriate direction for repair work.
- Repair in car service.
- Return premium.
- Directions of failure.
- Untimely performance of obligations.
The OSAGO Rules provide for the following periods for the payment of insurance or the issuance of directions for repairs:
- 20 days, excluding holidays and weekends, from the date of acceptance of the application for reimbursement.
- 30 days, excluding holidays and weekends, if the repair is carried out by the victim.
The period may be extended for re-inspection if the victim did not provide the damaged vehicle within the agreed time frame, but no more than 20 days, not counting weekends and holidays.
The countdown starts the day after all the necessary documents have been submitted. The injured party must submit an application to the insurance company within 5 days and attach the following papers to it:
- Copy of passport.
- Account details for the transfer of money.
- The consent of the guardianship authorities, if money is issued in favor of a minor.
- Accident Notice.
- Documents issued by the traffic police if the accident was executed with the participation of the police.
Depending on the circumstances and the damage to the injured party, other documents may be needed. Previously, the number of mandatory securities included a certificate of accident. However, it is not currently required.
If the terms of payment or directions of the vehicle are violated, a penalty is paid. Moreover, the calculation of the penalty for compulsory motor liability insurance is carried out on the basis of 1% of the amount of compensation. If the payment was made in part, then the recovery is carried out from the part that was not paid.
In addition, it must be borne in mind that a fine or fine is charged not only on the amount of compensation for the damage caused, but also in connection with the insured event and other damage. Such expenses, for example, include the payment of towing services.
Failure to repair
Damage under the MTPL agreement is compensated in kind by repair. If the vehicle is under 2 years old, then the corresponding work should be carried out in dealerships.
The repair period cannot last more than 30 days from the moment the vehicle was delivered to the station for repair. The insurer must transport the car or reimburse the expenses spent on evacuation if the distance to the station is more than 50 km. The lack of spare parts, materials or other reasons are not grounds for extending the period established for repair. The date of completion of work is the day when a 3-way transfer act is signed.
In case of violation of the relevant terms, the insurer bears responsibility. Then the calculation of the penalty for compulsory motor liability insurance is based on 0.5% of the amount that is set for reimbursement. Moreover, the maximum amount cannot be higher than the size of insurance.
Violation of the terms of the premium return
The CTP Rules contain cases in which the contract is terminated prematurely. In this case, the insurance premium is returned due to:
- Death of the policyholder or car owner.
- Liquidation of the UK.
- The death or loss of the car for reasons not provided for in CTP.
- Revocation of the license from the UK.
- Car sales.
- Identify incorrect or incomplete data that are important for understanding the level of risk.
- Other cases provided by law.
The premium is returned for an unused period. At the same time, 23% of the amount paid is deducted. They serve as compensation for the costs of insurance companies for organizing sales of policies, settlements with an agent and mandatory transfers to PCA. Money is transferred within 2 weeks from the moment of the occurrence of the relevant event, which is the basis for termination of the contract ahead of schedule in case of:
- A certain fact (death of the owner of the policy, liquidation of insurance companies, death of the vehicle).
- Filing an application from the insured.
- Receive notification of termination of the contract (if false information has been identified).
If this period is violated, the penalty is calculated in accordance with the Law “On Compulsory Motor Liability Insurance”. Moreover, they are based on 1% of the amount to be reimbursed, but not more than the amount of the premium paid.
Failure to comply with deadlines
The refusal is sent to the injured party within 20 days, not counting holidays and weekends. In case of violation of the terms of the direction of refusal, a penalty for compulsory motor third-party liability insurance is paid in another way. How to calculate this sanction? The basis is taken 0.05% of the sum insured for each overdue day.
Currently, the following insurance amounts are set:
- With regard to compensation for harm to the health and life of the injured party - up to 500 thousand rubles.
- With regard to compensation for damage to property - up to 400 thousand rubles.
- If the accident took place without the participation of police officers on the basis of the Euro Protocol, then insurance can not be higher than 50 thousand rubles.
A sanction for a refusal to pay late, may be levied together with a penalty for violation of the period for payment of compensation, if it turns out that the refusal was unlawful. Payments for violations related to the refusal are made in the same way as in the case of untimely transfer of money. The delay is calculated from the time of refusal or completion of the established period until the actual payment.
Formula
The formula for calculating the liability insurance has the following form:
S * KD * RN / 100,
where C is the amount to be paid, KD is the number of days overdue, and PH is the calculation of the penalty.
To understand how this calculation is applied in practice, the following example will help.
Example
The accident occurred on February 10, 2019. The car was evacuated to the garage belonging to the injured party. The victim applied for a payment on February 12 with a statement to which he attached the necessary documents. Funds should have been transferred no later than February 26, since the delay is counted from the twenty-first day.However, the corresponding direction for repair work was issued only on March 5, that is, with a delay of 7 days, for which a penalty for compulsory motor liability insurance was imposed. The calculation showed that the repair price is 150 thousand rubles. The loss of commodity value cost 10 thousand rubles, and another 5 thousand rubles had to be paid for a tow truck.
As a result, the penalty = (150 thousand + 10 thousand + 5 thousand) * 7 * 1.0 / 100 = 10 850 rubles.
If the refusal period was violated, then the calculation of the financial sanction looks like this: 400 thousand * 10 * 0.05 / 100 = 2 thousand rubles.
Nuances in the calculation
In paragraph 6 of Art. 16.1 of Law No. 40-FZ establishes the maximum penalty for compulsory motor liability insurance for settlement. The calculation formula by law can show an amount greater than this value. However, then only the maximum possible amount under the contract will be paid. If property is damaged, including the TS of legal entities, then restrictions on sanctions and forfeits are not established. However, in case of late payment, the penalty cannot be higher than the repair price or unpaid compensation.
Features of the trial
If the matter is decided through a court, then first you need to make an attempt to resolve the dispute peacefully. To do this, send a claim. This process takes some time. Then the trial lasts about 2 months. As a result, the delay reaches 3-4, and sometimes even more, months. During this period, the penalty reaches its maximum value. Thus, the injured party is entitled to a payment that exceeds the damage by more than 2 times.
Based on this, the courts everywhere use the provisions of Article 333 of the Civil Code of the Russian Federation, which states that liability is consistent with the consequences that arose as a result of the accident. Moreover, the amount of the penalty is reduced by an order of magnitude. However, this action requires a statement from the UK. On its own initiative, the court will not reduce the liability of the insurer.
Policyholder Actions
To recover the penalty, the injured party appeals to the insurer with a statement, which indicates the following information:
- Justification and calculation of the penalty (for underpayment of CTP, for example).
- A form of transferring money.
- Details of a banking organization (by bank transfer).
The insurer does not have the right to require other documents in order to substantiate the relevant requirements. All of them are already in the case file. The application is considered within 10 days, excluding holidays and weekends. If the penalty was not paid in full or the party refused to comply with the requirements on a voluntary basis, the matter shall be decided through the judicial authority.
In this case, remember about Art. 333 of the Civil Code of the Russian Federation, on the basis of which the amount of interest can be reduced. At the same time, the calculation of the penalty under Art. 12 “on compulsory motor third-party liability insurance” is carried out until the moment of actual payment, including the date indicated by the court decision. This document comes into force in a month. This is explained by the fact that a certain time is given to challenge the decision, then - to prepare a writ of execution, transfer it to the bailiffs service or to a banking organization, registration in these organizations and directly, payment.
It is allowed to consider penalties and claims for payment of compensation both simultaneously and separately. The trial takes place in the proceedings. If the amount of the claim is less than 50 thousand rubles, then they turn to the justice of the peace, and if more, to the district judicial authority.
Such cases are considered without paying a state fee. The injured party may well pass them without a lawyer. You can make a claim yourself, guided by samples available on the Internet, and in court, as a rule, there is no difficulty in presenting evidence.
Conclusion
Today, insurers treat customers much more responsibly than before. Therefore, many controversial situations can be resolved in pre-trial order. In this case, the injured party should understand that the penalty is not a means of enrichment. It provides full fulfillment of obligations to customers.At the same time, you need to know these nuances of calculating the mandatory liability insurance contract for the refinancing rate and the provisions of Law No. 40-FZ and the Civil Code of the Russian Federation in order to be able to fully protect your rights if necessary.