Rules on compulsory civil liability insurance. MTPL Law - amendments and new editions. Requirements for car services

The law has undergone improvements both in the area of ​​settlement of losses and in the sections regulating the conclusion of insurance contracts. In addition, for the first time the validity period of insurance rates was clarified.

Most of the provisions of the latest edition of the MTPL Law came into force on July 4, so let's take a closer look at all the nuances that the latest document has prepared for motorists.

Electronic policies

There are regions in Russia in which it is very problematic to purchase an MTPL policy. The lack of policy forms from insurers and huge queues at the offices of insurance companies force car owners to look for other ways to draw up auto insurance contracts.

Since you can’t drive without compulsory motor liability insurance, drivers who are faced with difficulties in renewing their policy sometimes turn to unfamiliar agents. Often such contracts turn out to be fake, which entails difficulties in obtaining insurance payments.

In order to relieve the current tension, last year the country’s leadership introduced amendments to the “Law on Compulsory Motor Liability Insurance”, allowing insurance companies to enter into auto insurance contracts in the form of an electronic document.

However, until now, the sale of electronic policies has not been a necessary condition for insurers and many companies have neglected this. The new edition of the MTPL Law makes this clause mandatory.

From January 1 next year, all insurance companies will be required to sell MTPL policies not only in paper form, but also electronically. In this regard, they will be required to accept the documents required to purchase the policy in the form of an electronic document.

In the old version of Federal Law 40, the purchase of compulsory motor liability insurance via the Internet was accompanied by sending an electronic policy form to the car owner, which simply had to be printed. It was impossible to exchange such a document for a regular agreement drawn up on Goznak’s strict reporting form.

From January 1, having purchased an electronic policy, a car owner can request the classic version of the document from the insurer. To do this, you just need to contact the office of the insurance company, where the policy will be printed on a strict reporting form. In addition, you can ask the insurer to send the policy to the policyholder’s residence address by Russian Post, but the car owner will have to pay for the postage.

Since the sale of electronic policies is now mandatory for all insurance companies, the MTPL Law, as amended, obliges insurers to ensure the uninterrupted operation of their websites so as not to create difficulties for those wishing to purchase insurance.

So, to summarize:

1. Starting next year, you can buy MTPL from any company via the Internet;
2. Documents required by the rules are sent to the insurer electronically;
3. After purchase, the electronic policy can be replaced with a regular one;
4. Insurance company websites will operate without interruption.

New basis for recourse

With the introduction of electronic policies, insurance companies have less ability to control the data provided to them by car owners to calculate the insurance premium. Therefore, an additional basis was introduced for presenting a recourse claim to the culprit of the accident.

Recourse is a claim by the insurer to the person at fault for the accident for the return of funds paid to the victim. Such a requirement is presented in strictly limited cases provided for by law. For example, when the culprit was drunk or fled the scene of the accident.

From January 1, insurance companies will be able to file recourse against policyholders who, having purchased an electronic policy, provided false information, thus saving on insurance.

Car inspection after an accident

Federal Law on Compulsory Motor Liability Insurance requires the provision of a damaged vehicle to an independent expert, who, on behalf of the insurer, must inspect the vehicle. But previously, the victim was allowed to independently attract experts if the insurance company did not organize an examination within 5 days.

Now the legislation has significantly tightened the requirements for providing a car for inspection to an insurer. This was mainly done to combat the so-called car lawyers, and should not affect honest citizens. Abusing their right to independently organize an inspection, auto lawyers avoid meeting with an insurance company expert, thereby depriving the insurer of assessing the amount of damage and wear and tear.

So, now the victim, who intends to receive payment of insurance compensation, is obliged to submit the car for inspection to the insurance company within 5 days from the date of filing the application. If the inspection does not take place, the insurer may return to the car owner all the documents submitted by him and the application for insurance payment.

After this, the victim does not have the right to independently organize an independent examination, because the results of such an assessment will not be accepted by the insurance company as confirmation of the amount of damage caused. To receive insurance compensation, you will have to resubmit the application and all the necessary documents and still present the car for inspection. The review period will begin to run on the date of resubmission of the application.

Insurance companies also have new responsibilities. Now the insurer is obliged to inspect the car strictly within 5 days from the date of the application. Previously, this period was extended, 5 days were counted from the date from which the victim was ready to show the car.

Let's summarize the above:

1. The inspection is carried out within 5 days from the date of application;
2. The victim must provide the car to the insurer's expert;
3. If the inspection does not take place, the application for insurance payment remains without consideration and is returned to the applicant.

Pre-trial settlement

The OSAGO Law FZ 40 provides for a mandatory pre-trial procedure for resolving disputes. This means that before going to court to protect his interests, the victim is obliged to send a pre-trial claim to the insurance company.

Previously, the period for consideration of a claim was 5 days, in the new version of Federal Law 40 it has been increased to 10 days. However, this change only applies to accidents that occurred after the 4th of July.

Validity of tariffs and the obligation to carry a policy with you

As previously reported, the new edition established the validity period of insurance rates used to calculate the cost of insurance. Now tariffs cannot be changed more than once a year.

In addition, the law now obliges drivers to always carry their MTPL insurance policy with them for inspection by a traffic police inspector.

The article will reveal the main points related to Federal Law No. 40 “On Compulsory Motor Liability Insurance”. What this regulatory act is, how to properly insure yourself - further.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Federal Law No. 40 is the main regulatory act regulating situations in which civil liability arises for causing harm to a third party with the participation of a vehicle.

The document is often amended based on public opinion. The new law of 2019 with amendments came into force in the summer of 2017.

Basic moments

The Compulsory Insurance Law obliges vehicle owners to insure the existing risk of harm to a third party, regardless of their financial situation.

It is not allowed to operate a car on the territory of the Russian Federation without insurance.The essence of the law:

The availability of the policy is monitored by road service employees. After the creation of a universal database of policyholders, this issue will be controlled by a separate government agency.

Changes in Federal Law-40:

Currently, disputes regarding the articles of the new law continue. Reasons for the debate:

• insufficient insurance company for performance of duties;
• double interpretation of some provisions of the law, which leads to unclear situations;
• use of a fake MTPL policy;
• the need to pay extra for repairs of the damaged vehicle at the expense of the victim’s finances.

The law consists of 6 chapters:

This year, a fine of 500 rubles will be issued for the absence of a policy. 2017, compensation for the insurance premium under the MTPL agreement is provided.

The provisions of the law provide clear guidance on how both parties to an accident should behave.

The law regulates legal relations that arise as a result of an emergency situation between citizens.

The normative act identifies the situations in which this norm is applied and the grounds for compensation for damage to victims.

A traffic accident means:

According to the law, damages are incurred both for damaged property and for injuries caused.

Insurance rules

The conditions for purchasing an insurance policy and the procedure for its use are regulated by the second chapter of the Federal Law “On Compulsory Motor Liability Insurance”. Main nuances of insurance:

The current insurance rules have been amended to address the interests of insurance companies and car owners.

The innovations apply to those contracts that were concluded after April of the previous year. According to the new rules, money is paid in the following cases:

• a car damaged in an accident cannot be restored;
• repairs are estimated at more than 400,000 rubles;
• damage was caused to property that does not concern the car;
• if it was registered without the participation of traffic police officers and the damage does not exceed 100 thousand rubles;
• The car owner has a disability group of 1 or 2, and he has applied for compensation for car repairs.

The 2019 insurance rules provide for personal completion of an electronic application form and personal payment of the cost of the policy.

We touched upon the rules and calculation of compulsory motor liability insurance:

The next rule change concerns the payout limit. If damage is caused to life or health - 500 thousand, if property - 400 thousand rubles.

Explanations of the Supreme Court of the Russian Federation

The Resolution of the Plenum of the Supreme Court states that if an insured event occurs, the victim must notify the insurer within the prescribed period and send him an application with the necessary documentation.

You should also provide the damaged vehicle for inspection. If the victim misses the deadline, he agrees with the insurance company on a new date for.

If he misses this date, then the results of the independent examination (which he will conduct independently) will not be accepted, and the amount of insurance compensation will not be established.

Video: law on compulsory motor liability insurance

The Resolution addresses the following issues:

• procedure for concluding an MTPL agreement, features;
• registration of documentation about a traffic accident without the participation of patrol officers;
• a list of citizens who are entitled to receive compensation;
• obligations of the parties upon the occurrence of an insured event;
• direct compensation for losses;
• payments;
• features of insurance compensation;
• liability of the insurer in case of violation of payment terms.

It is explained that documents must be transferred in such a way that their direction is recorded and delivered to the addressee.

Current latest edition of Federal Law 40-FZ “On Compulsory Motor Liability Insurance”

Every year legislation amends regulations. This year the following changes were made to the document:

• calculation in kind. Under the new indemnity rules, insurers have the right not to make direct deductions to victims. They will transfer the allocated funds to the bank account of the workshop, which will repair damaged vehicles;
• The minimum validity period of the insurance policy is 1 year;
• the payment amount has been increased;
• the time frame for reviewing a claim has also been increased;
• the independent expert's conclusion became invalid.

Basic changes affected the following articles:

The changes are not final yet; amendments will be made to the law.

Thus, every car owner must take out MTPL insurance. This obligation is regulated by Federal Law No. 40.

The normative act contains all the information relating to this issue. Persons who violate the requirements for obtaining insurance established by this Federal Law will be subject to prosecution.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

The legislation regulates civil liability insurance with separate regulations. Federal Law No. 40 was adopted in April 2002, but came into force only a year later. Since its adoption, the law has undergone a number of changes that require separate consideration.

The Federal Law “On compulsory civil liability insurance of vehicle owners” structurally consists of six main chapters. The division is intended to group the articles of the law according to the main issues:

• establishing general concepts and provisions of compulsory motor liability insurance, indicating the principles that formed the basis for the adoption of Federal Law 40;
• conditions of civil motor insurance, procedure for its implementation;
• payment of compensation under compulsory motor liability insurance;
• regulation of the activities of insurance companies.

The purpose of the law is to establish compulsory car insurance and obtain a compulsory motor liability insurance policy. The purpose of the Federal Law is to protect the rights of victims and pay them compensation for damage caused through insurance under compulsory motor liability insurance.

The law came into force on July 1, 2003. Last changes fall on March 28, 2017. Their adoption is regulated by Federal Law 49, which amends the Law on Compulsory Motor Liability Insurance. Most of the amendments came into force on April 28, but the changes to paragraph 12 of Article 1 are valid only from September 25, 2017.

Do you know what changes Federal Law 28 on civil defense has undergone? Latest edition

Latest changes in the Law on Compulsory Motor Liability Insurance

The latest changes to the MTPL Law under Federal Law 49 are intended to regulate the following aspects:

• Previously, the insurer was obliged to carry out an analysis of vehicle damage within 5 days from the moment it was submitted for examination, recent changes in the law left the specified period, but established its countdown at the time of filing an application for an accident with the MTPL insurer;
• the possibility of conducting an independent examination was abolished, the relevant documents lost their legal force;
• the period during which, according to Federal Law 40, claims are filed against the insurer under compulsory motor liability insurance, has been increased; now it is 10 days;
• from the beginning of September 2017, the insurance period under the MTPL policy cannot be less than one year;
• monetary compensation for damage is not paid to the victim, but is transferred to repair companies with which the insurer has entered into a corresponding agreement;
• The limit on the sum insured under the Europrotocol has been increased to 100 thousand rubles;
• Since 2017, it is possible to purchase an MTPL policy via the Internet;
• the right of recourse comes into force - if the insurer proves that the person at fault for the accident intentionally caused harm, then, according to Federal Law 40, the full or partial amount of insurance will be recovered from the latter.

Recent changes to Federal Law 40 on compulsory motor liability insurance have raised a number of questions on interpretation and regulation certain points:

• low level of responsibility of insurance companies in payments under MTPL policies, lack of regulation of relevant enforcement mechanisms;
• certain provisions are vague in their wording and can be interpreted in two ways;
• as a consequence of the inaccuracies of the Law on Compulsory Motor Liability Insurance - the lack of adequate decisions during judicial consideration of certain issues;
• the issue of counterfeit MTPL policies is not regulated;
• in some situations, the victim, despite the fact that the person responsible for the accident has compulsory motor liability insurance, is forced to pay extra for the repair of the vehicle.

The current edition of the Federal Law “On compulsory civil liability insurance of vehicle owners” can be considered using the example of individual articles.

First article of Federal Law 40 According to the latest amendments, it has undergone a number of changes:

• in the eighth paragraph the wording “ (make insurance payment)” has been replaced by “ (make insurance compensation in the form of an insurance payment or by organizing and (or) paying for the restoration of a damaged vehicle)”;
• in the eleventh, thirteenth and fourteenth paragraphs of the wording “ insurance payments” change to “ insurance compensation”;
• in the sixteenth paragraph the wording “ at a service station selected by the victim in agreement with the insurer from among the service stations with which the insurer has entered into agreements establishing the obligation of the service station to carry out restorative repairs of the victim’s vehicle and the insurer’s obligation to pay for such repairs against the insurance payment" shortened to " at a service station determined in accordance with this Federal Law«;
• additional paragraph added - " agreement for the organization of restoration repairs - an agreement concluded between the insurer and the service station and establishing, among other things, the obligation of the service station to carry out restoration repairs of the damaged vehicle of the victim and the obligation of the insurer to pay for such repairs on account of insurance compensation in accordance with this Federal Law.«.

Article 2 of Federal Law 40 regulates the system of compulsory motor insurance in the legislation of the Russian Federation. The priority of provisions of international agreements is prescribed. No changes have been made to this provision since its original edition.

IN Article 4 of Federal Law 40 wording " insurance payment for compulsory insurance" changed to " insurance amounts established by Article 7 of this Federal Law,«.

IN Article 12 of Federal Law 40 the wording “ insurance payments" on " insurance compensation" The name of the position has been changed to “ Article 12. The procedure for making insurance compensation for harm caused to the victim". The 15th paragraph is supplemented by three subparagraphs regulating insurance compensation for damage caused, requirements for repair work and the possibility of the victim independently carrying out repairs with the company with which the insurer has a corresponding agreement.

Article 17 Federal Law 40 regulates compensation of insurance premiums under compulsory motor liability insurance. For 2017, there were no changes to this provision. The last edition of this article was brought up to date in 2008.

Download Federal Law

To fully familiarize yourself with the current version of Federal Law 40 on OSAGO with the latest changes, it is recommended to refer to the document itself. Below are links to download Federal Laws 40 and 49. The second document is the law that contains a list of the latest changes to OSAGO insurance for 2017. Download latest edition“Law on Compulsory Insurance” Federal Law 40 is possible. Federal Law 49 with amendments can be downloaded.

“- according to this regulatory act, significant adjustments were made to Federal Law No. 40, the Law “On Compulsory Motor Liability Insurance”. The law underwent the largest change in history, although not all the planned changes were made. In particular, the increasing coefficient will not be applied to persistent traffic rule violators in 2017, although this point caused the greatest resonance.

What amendments to the law “On Compulsory Motor Liability Insurance” - 2016 were approved and what can motorists expect from 2017?

Download the full text of the law "On compulsory motor liability insurance" Federal Law No. 40

The government has taken care of the availability of compulsory motor liability insurance

There are several regions in Russia that are recognized as “toxic” - in these areas, insurers are forced to pay drivers compensation under compulsory motor liability insurance more often and in significantly larger amounts than the Russian average. 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 associated primarily with the unsatisfactory condition of the roads - in the southern regions, for example, the roads are a real disaster.

A consequence of the “toxicity” of the regions is that it is very problematic to buy a compulsory motor liability insurance policy here even for experienced and responsible drivers. But driving without car 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 – its resolution should be facilitated by an amendment to Federal Law No. 40, no less resonant than the introduction of a “penalty” coefficient (which failed). From January 1, 2017, each of the insurance companies must begin selling so-called e-policies - that is, selling insurance via the Internet.

This amendment caused violent indignation among auto insurers themselves. They claim that they will need to invest a lot of money in order to integrate stable online services for selling policies, although in fact this is an argument “for fools” - now any student programmer can handle such a job.

Thanks to the new edition of the 2017 OSAGO law, the car owner no longer needs to travel around the city on 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 compulsory motor liability insurance, attaching scans of your documents. The insurer will not be able to “get out” of selling a “higher risk” policy, even if it refers to the temporary inoperability of its portal - according to the law, it is the insurance company that is obliged to ensure that the Internet service is available 24 hours a day.

The inaccessibility of the insurer’s portal is the basis for a motorist’s complaint, and a complaint against a legal entity threatens to result in a six-figure fine.

What other innovations?

Other notable amendments were made to Federal Law No. 40 “On Compulsory Motor Liability Insurance”:

Right of recourse. Insurers received this right as a kind of “compensation” for their obligation to sell electronic policies. A recourse claim may be made to the policyholder if, when purchasing compulsory motor liability insurance via the Internet (or in the usual way - through the office), the motorist provided incorrect information about himself. Regression assumes that the driver who caused the accident will be forced to partially or fully compensate for the damage to the victim - even if he is insured.

Mandatory inspection of the car by the insurer. Previously, the policyholder, knowingly confident that the insurer would offer little, was allowed to immediately take the car to an independent specialist for examination. The MTPL law, with the latest amendments, obliges the motorist to submit the vehicle for inspection to the insurer within 5 days, listen to the offer and then decide whether it suits him. The new law Federal Law No. 40 “On Compulsory Motor Liability Insurance” has therefore gained fame as “directed against car lawyers,” because it is lawyers who drive car enthusiasts “out of their minds,” convincing them that finding a compromise with the insurer is a matter obviously doomed to failure.

Fixed inspection period. In addition to the obligation to organize the sale of electronic policies, car insurers now have another obligation - to inspect cars involved in accidents a maximum of 5 days after the road collision. Previously, the same period was counted from the moment when the policyholder was ready to provide his vehicle for inspection.

There is another important innovation that was already implemented in 2016. According to the new law “On OSAGO”, from October 2016 they stopped selling the old type of policies (green) - only pink ones with increased protection remained on sale.

Law “On Compulsory Motor Liability Insurance”: key points

Despite the fact that many adjustments have been made to the law “On Compulsory Motor Liability Insurance”, the basic postulates and structure of the normative act have remained unchanged. The preamble of 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 payments, insurance rates, etc. The principles of car insurance in Russia are also established here - one of the main ones is universality: every driver must be insured.

Conditions and procedure for insurance. In fact, it is in the second chapter that all the most important information for a motorist is provided - for example, how the amount of insurance payment is determined, how to argue with the insurer. A motorist who has little time to study Federal Law No. 40 should start with the second chapter and finish with it.

Compensation payments. An entire chapter of the law is dedicated to telling drivers in what cases they are entitled to compensation and how to achieve these same compensations. The chapter is quite short: it is worth reading, if only because it talks about limits on the amounts of compensation payments.

Insurers. Another short chapter - its content is unlikely to be of interest to ordinary people. Firstly, there is information here that is useful only for the insurers themselves, and secondly, you will have to make a lot of effort to translate the text of the chapter from legal into Russian.

Professional association of insurers. This chapter, as you might guess, describes the purposes of existence, functions and responsibilities of unions and associations of insurers.

Final provisions. The last chapter deals with ways of communication between insurers and government agencies, as well as international insurance systems.

The new law “On Compulsory Motor Liability Insurance” is aimed at achieving several goals: the first is to increase the availability of car insurance policies in Russia, the second is to establish contact between insurers and policyholders. The state wants the two parties to find a way to resolve disputes without resorting to courts or third parties. Automotive lawyers are the most dissatisfied with the new edition of Federal Law No. 40 - after all, they are the third parties who make money from conflicts between insurance companies and motorists.