Sooner or later, the motorist is concerned with the question – what is the insurance premium for OSAGO and is it profitable to use the services of insurance companies?
The attention of customers is attracted by timely payments and the absence of delays that affect the already tense situation during a violation of the integrity of the machine.
A good insurance company is one that does not allow people to get nervous about an unnecessary reason, fulfilling their obligations as quickly as possible.
The legislation, namely article 935 “Compulsory insurance” of the Civil Code of 04.25.2002, was amended as early as 2014, when the insurance amount increased:
- up to 500,000 p. if a person is injured in life and (or) health;
- and up to 400,000 p. for material damage caused to the car.
At the same time, the law emphasizes that the payment should occur regardless of the number of insured events occurring on the contract between the client and the company. The latter takes full responsibility for the compensation of the victim.
Despite the rather large monetary compensation, it should be understood that it is not minimal, since in most cases it is considered not only the actual condition of the car after the accident, but also a number of other nuances – the market value of the car, depreciation, etc. – affecting the final result, lowering the numbers.
Unaware people do not always understand why counting on one amount they got the wrong one. A subtle study of the legislation, the terms of the contract with the insurance company and competently asked questions to its specialists help to know in advance about the amount of compensation before a conflict occurs.
MTPL Payment Terms
If you pay attention to legislative acts, it should be noted that the legislation strictly regulates the timing of payments for insured events.
Article 12 of the Civil Code of 04.25.2002 states that payment to the victim is made no later than 20 days from the date of receipt of the application by the insurer, taking into account weekends and public holidays.
The insurer can make insurance premium insurance:
- by repair.
In the second case, the company issues a referral for repairs, to the service station with which it has a contract.
In case of refusal of payments, the insurance company must justify its refusal in writing with reference to the current legislation.
Of course, ideally, insurers act exclusively within the framework of the law, make profits from completed transactions, take into account the interests of people, but, in reality, in most cases, the victim receives only a third of the necessary amount for repairing a car.
Due to the dishonesty of insurers, he has to incur additional costs from his own wallet; he requires knowledge of the details of the machines, and in their absence, the search for professionals in this field. As a result, the final score can grow at times.
Fines for car owners have skyrocketed in recent years. But the statistics show not the best results for accidents on the roads due to alcohol. Reason is foggy, focusing on road signs is more difficult, not to mention patience cracking at the seams at inopportune moments.
The fine will surely hit the intruder’s wallet hard, however, the CTP insurance payment does not disappear magically from the victim in an accident – it continues to work.
Compensation takes place on all points of the law, as the driver had an accident. A drunk man remains a citizen of the Russian Federation, despite the flip side of the coin in the form of a violation.
Compensation for accident with injured
No one is safe from car accidents. Sometimes we ourselves make mistakes through carelessness, incorrect operation of technology, as a result of which we endanger not only our own lives, but also those of others.
The insurance system provides for the size of the insurance premium insurance, if harm is caused to life and (or) health, up to 500,000 rubles.
That would surely help a person in a difficult situation and quickly put him on his feet with due professionalism of doctors, but in this case there are also some nuances.
Upon receipt of an injury, it is considered according to the criteria, fixing the severity providing the opportunity to give a correct assessment for compensation.
So, the internal bleeding of a person to a volume ratio of 1000 ml. will cost 7% (approximately 35,000 p.), and with a loss – 10% (about 50,000 p.).
The amount of insurance payments under compulsory motor third-party liability insurance is not always carried out in the maximum amount, however, being in this situation, any help will be an invaluable breath of fresh air to get on your feet and cope with new difficulties.
Sometimes accidents end in the worst – death.
The amended article 12 of the Civil Code of 04.24.2002 provides an opportunity to receive payment for a funeral in the amount of up to 25,000 rubles. and up to 475,000 p. relatives of the victim. In this case, the money is divided proportionally between them.
Payments are made regardless of whether there was 1 dead in a car accident or several of them. Payments are made to family members of each dead. This will not return a member of the family, but will contribute to his last trip.
Until the beginning of spring 2015, relatives of those who died in road accidents did not always have the right to receive guaranteed insurance payments under compulsory motor third-party liability insurance, since it was issued only to dependents. At present, the government has made reimbursement available to all citizens of the Russian Federation without exception.
Self-Compensation of Compensation under CTP
In the event of an accident, the first thing a driver needs to do is calm down and reasonably evaluate what has happened. Take a closer look and estimate the approximate amount of damage even before contacting the insurer.
The first thing to focus on is the damage caused to the car. Perhaps there were dents on it, the windows were broken, the hood was pressed through, or even certain parts were simply knocked out.
If you live in the region, then this circumstance will play into your hands, since in Moscow and St. Petersburg the replacement of parts will cost a considerable amount, while in the region the rate for repair work is much lower than the capital.
Compensation for CTP and CASCO
The driver who got on the road to an accident, being guilty, will not receive payments under compulsory motor third-party liability insurance, playing in this case as security for the victim, but if there is a second insurance policy – CASCO, the insurance company will pay him insurance.
If an accident happened through no fault of yours? Both insurance companies are required to pay you if you have a certain set of documents.
Indeed, this method helps motorists not to be afraid of accidents. A person can ride quietly, staying that way even during an accident.
The culprit of the accident – CTP will help?
The answer is no. The legislation on this account operates on the principle of the culprit-victim: there is a victim and the culprit of the accident.
The culprit is put a special mark, which will reduce his class and increase the cost of buying a new insurance policy. Therefore, you should be careful about traffic when you sit behind the wheel of a car, otherwise the consequences will be unpleasant.
Exemption of the insurer from payment. Arbitrage practice
The question is relevant at the moment and is due to the fact that, despite its importance, neither the law nor the judicial practice give an unambiguous answer to its resolution.
The arbitration courts, in their practice, make conflicting decisions regarding the grounds for exemption of the insurer from the payment of insurance compensation and the insurance amount and in the resolution of disputes follow two ways.
The first one is that the grounds for exempting the insurer from the payment of insurance compensation and the insurance amount are established by the Civil Code of the Russian Federation, and the inclusion of additional grounds for the exemption of the insurer in the insurance contract is void.
According to paragraph 1 of Art. 422 of the Civil Code of the Russian Federation, the contract must comply with the rules binding on the parties, established by law and other legal acts (peremptory norms) in force at the time of its conclusion, i.e. the parties are not entitled to conclude an agreement on conditions contrary to law.
Insurance rules are an integral part of the insurance contract and should not contain provisions that are contrary to civil law and worsen the provisions of the insured in comparison with the law.
The grounds for exemption (refusal) of the insurer from the payment of insurance compensation and insurance amount are provided for by Art. 961-964 of the Civil Code of the Russian Federation.
Following the second path, the courts proceed from the fact that the inclusion in the insurance contract of additional grounds for exemption of the insurer from the insurance payment does not contradict the Civil Code of the Russian Federation and thereby the principle of freedom of contract is respected.
Based on paragraph. 4 Article. 421 of the Civil Code of the Russian Federation, the terms of the contract are determined at the discretion of the parties, unless the content of the relevant condition is prescribed by law or other legal acts.
So, the provisions of paragraph 1 of Art. 964 of the Civil Code of the Russian Federation allow the parties to include in the insurance contract other grounds for exempting the insurer from the obligation to pay insurance compensation and the sum insured.
Art. 943 of the Civil Code of the Russian Federation, it is established that the conditions on which an insurance contract is concluded can be defined in standard insurance rules of the corresponding type adopted by the insurer.
The conditions contained in the insurance rules and not included in the text of the insurance contract (insurance policy) are mandatory for the insured (beneficiary), if the contract (insurance policy) expressly indicates the application of such rules and the rules themselves are set out in one document with the contract (insurance policy) ) or on its back or attached to it.
In the latter case, the delivery to the policyholder upon conclusion of the contract of insurance rules must be certified by an entry in the contract.
The Constitutional Court of the Russian Federation, in its determinations of July 15, 2008 N 562-О-О and of November 20, 2008 N 1006-О-О, indicated that in accordance with paragraph 1 of Article 964 of the Civil Code of the Russian Federation, unless otherwise provided by law or an insurance contract, the insurer shall be exempted from the payment of insurance compensation and the insurance amount if the insured event occurs due to the impact of:
- nuclear explosion
- radiation or radioactive infection,
- military operations, as well as maneuvers or other military events,
- civil war
- riots of any kind or strikes.
This norm, providing the parties with an opportunity to negotiate independently determine additional grounds for exemption of the insurer from payment of insurance compensation and the insurance amount, is aimed at implementing the civil law principle of freedom of contract.
Restriction of the freedom of the contract when establishing the grounds for exempting the insurer from the obligation to pay insurance compensation and the sum insured is possible only if it is dictated by constitutionally significant goals (part 3 of article 55 of the Constitution of the Russian Federation) and falls within the exclusive competence of the legislator.
The Presidium of the Higher Arbitration Court of the Russian Federation in Decree of June 23, 2009 N 4561/08 indicated the following:
“… Articles 961, 963, 964 of the Civil Code of the Russian Federation refer to circumstances that, when an insured event occurs, allow the insurer to refuse insurance indemnity or exempt it from insurance payment.
As a general rule, these circumstances are extraordinary or depend on the actions of the insured that contributed to the occurrence of the insured event.
The disparity of the wording of Article 964 of the Code, which is directly devoted to the grounds for exemption of the insurer from the payment of insurance compensation, allows us to conclude that such grounds may be provided for by the parties in the contract.
Based on the principle of freedom of expression at the conclusion of the contract, this means the right of the parties to establish in the contract other than the statutory grounds for exempting the insurer from payment of insurance compensation … ”
From the foregoing it follows that the Supreme Arbitration Court of the Russian Federation spoke in favor of the second path.
In the aforementioned Resolution, the Supreme Arbitration Court of the Russian Federation established the criteria by which circumstances that, by virtue of a law or contract, are grounds for refusing to pay insurance indemnity and exemption from insurance payment (Articles 961-964 of the Civil Code of the Russian Federation) are recognized as affecting the substance of judicial acts under specific insured event.
From which it follows that the grounds for the exemption (refusal) of the insurer provided by the contract do not apply, of course, but are recognized as affecting only when these circumstances contributed to the occurrence of the insured event and are directly related to it.
Confirmation of this statement is the following paragraph from the decision:
“In this case, the court of cassation did not reasonably recognize the presence of registration documents in the car as a circumstance exempting the insurance company from paying insurance compensation, since the occurrence of the insured event was not connected with the documents being in the car and leaving them by the insured did not contribute to the theft of the car by unauthorized persons.”
The Supreme Arbitration Court of the Russian Federation, adopting this decision, protects the interests of the insured, limiting the validity of the contractual grounds for exemption of the insurer from insurance payment.
This is a natural decision, since the insurer should not be allowed to discharge the obligation to pay insurance compensation on formal grounds that have nothing to do with the insured event.
The establishment of the criteria by which these grounds are limited cannot but raise questions regarding their nature and legal force, due to the lack of mention of them in the law.