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New MTPL rules are being introduced in Russia. What do you need to know?

Sergey Kovalev/Russian Look

On April 28, new rules for compensation of losses under compulsory motor insurance policies (MTPL) will come into effect in Russia. 30 days earlier, the corresponding law was signed and sent for publication by President Vladimir Putin. The law establishes the priority of compensation in kind under compulsory motor liability insurance, and the site has prepared answers to the main questions related to the upcoming changes.

What does priority in kind compensation mean?

This means that in the vast majority of cases, car owners involved in an accident will now have to contact insurance companies not for insurance payment, but for a referral for repairs. Previously, a driver who got into an accident had a choice - take the money and decide on the restoration of his iron horse himself or trust one of the service stations (STO) from the list of the insurance company.

Nikolay Gyngazov/Russian Look

But participants in the insurance market convinced the government and legislators that such “freedom” was successfully used by fraudsters. Insurers were unable to resist their sophisticated schemes; they suffered heavy losses, and all this ultimately threatened the collapse of the compulsory car insurance market, which is called that because every car owner is required by law to have an MTPL policy.

So now you can’t count on money under compulsory motor liability insurance?

The new rules have approved a list of cases when a cash payment may still follow under a compulsory motor liability insurance policy. First of all, we are talking about situations where the accident led to the most tragic consequences: the death of the victim or harm to his health - severe or moderate. Money under the MTPL policy is required to be transferred even in the event of complete destruction of the car.

Compensation from the insurance company's cash desk will also follow in a situation where the estimated cost of restoration repairs exceeds the established insurance compensation limit. Today we are talking about 400 thousand rubles. The law establishes the same rule for cases of exceeding the limit of insurance compensation under the so-called European protocol, when the accident is registered by the participants themselves, without the involvement of traffic police inspectors. Let us remind you that this limit is 50 thousand rubles. If the accident happened in Moscow, the Moscow region, St. Petersburg or the Leningrad region, and the European protocol is filled out under certain conditions, then the limit on it is 400 thousand rubles, even if the compulsory motor liability insurance policy was issued in some other region.

Photo of Moscow Moscow-Live.ru/Flickr

In addition, the car owner will have the right to demand compensation for damage in cash if the insurer for some reason is suddenly unable to organize repairs at the service station he previously proposed.

Finally, disabled people (including disabled children) who have vehicles in accordance with medical indications, as well as their legal representatives, will have the right to insist on monetary compensation. It is also important for them to keep in mind that the law has retained the right to receive compensation of 50% of the insurance premium paid - that is, in essence, the cost of the compulsory motor liability insurance policy.

Will the rest obediently go to the insurance company's service station?

Not certainly in that way. As before, the driver retains the right to choose a service station from the insurer’s own register. At the same time, the law obliges the insurance company to provide its clients under MTPL policies with the most complete and up-to-date information about counterparties from the list of service stations.

Drivers have the right to know not only the addresses of car services and their specialization (makes and years of production of the vehicles being serviced), but also, for example, the approximate time frame for restoration repairs, depending on the volume of expected work and the workload of the repair shop. Moreover, the insurance company must evaluate “its” workshops for compliance with the requirements for organizing restoration repairs. All this information must be on the insurance company’s website and must be provided to the MTPL policy owner when applying after an accident.

Ant Berezhnyi/Wikimedia Commons

The insured driver will have the opportunity to send his damaged car to any other service station that is not on the list of the insurance company, but in agreement with the insurer. It is important to keep in mind that now, according to the law, the distance to a service station from the scene of an accident or from the place of residence of the car owner should not exceed 50 kilometers. Moreover, the client himself has the right to determine the “starting point”. Otherwise, the insurer is required to transport your damaged vehicle to the repair site at its own expense. So, there are likely to be some situations where the insurance company simply has no choice but to make concessions to you and agree with your choice of auto repair shop.

Another point concerns cars not older than two years with a warranty. To maintain the warranty, they must be repaired in auto repair shops at dealerships. This, of course, narrows the choice of service stations for restoration repairs, but, obviously, the drivers themselves will be interested in this.

The legislator also provided for cases when none of the stations in the insurer’s list meets the requirements for organizing restoration repairs under the terms of compulsory motor liability insurance in relation to a specific victim. The insurance company has two options - either try to come to an agreement with you and send your car to one of these stations, or pay you compensation in cash.

What else is important to know about restoration repairs?

The law determines the period for repairing a car - it should not exceed 30 working days, and for each day of delay the insurance company will be charged a fine of 0.5% of the compensation amount. If the auto repair shop suddenly decides that the volumes, terms and conditions of work for some reason do not correspond to those previously stated, the law allows them to be changed only in agreement with other parties to the legal relationship - that is, both with the insurance company and with you.

Tk2/ZUMA Press/Global Look Press

Another good news is the legal ban on the use of used parts and components when repairing a car. If, in accordance with the methodology for determining damage, replacement of components is required, then no restoration “from what was” - replacement products must only be new. However, the law contains a clause that “otherwise may be determined by agreement between the insurer and the victim.”

You should be provided with a minimum guarantee of six months for the results of the repair, and if we are talking about body and paint work, the guarantee should be valid for a year. A special by-law requires the Bank of Russia to establish other requirements for organizing repairs. The regulator will also describe the procedure for interaction between the insurer and the consumer in a situation where the latter is dissatisfied with the work of the auto repair shop.

What else do you need to remember?

For example, the amount of compensation for natural compulsory motor liability insurance will now be calculated without taking into account the wear and tear of the car and its parts. If we are talking about monetary compensation, depreciation will be deducted - in accordance with a unified methodology. The insurer must make a decision regarding your insured event within a maximum of 30 working days from the date of filing the application. Yes, due to the fact that the application of the principle of direct compensation for damage has been expanded, you should always contact your insurance company.

You still have the opportunity to pay extra for repairs out of your own pocket if it turns out that the cost of restoration work is higher than the established insurance compensation limits (we reminded you about them above). The same rule works when, during the analysis of an accident, the fault of the drivers is recognized as mutual and the insurance company begins to include reduction factors when determining the amount of compensation. Having determined the amount of the surcharge, the insurer will indicate it in the repair referral issued to you.

Jaromir Romanov/website

The Bank of Russia, as a regulator, has the right to punish an insurance company that has been justifiably complained about at least twice during the year for poor work in organizing restoration repairs. The company may lose the right to issue priority repair referrals for a year. She will have to compensate her clients for damage from road accidents in cash, unless, of course, one of the clients wants to receive insurance in kind. This is quite harsh, considering that it was the auto insurance market players who sought priority for in-kind compensation under compulsory motor liability insurance.

There are mandatory types of insurance for all road users and optional ones, when the policyholder tries to protect himself from additional risks.

Everyone who gets behind the wheel is required to receive protection in the form of compensation for insurance payments. Today the topic of our consultation is everything you need to know about the compulsory type of insurance - compulsory motor liability insurance.

Registration procedure

The purpose of this type of insurance service is to protect persons injured in a road accident, road users, and their property from the actions of the insured.

Compensation payments are made on the basis of tariffs introduced by the Government, after expert actions are taken against the culprit.

For accident-free years of driving - a decent bonus when taking out a new policy, for too frequent payments - an additional coefficient; the insurer does not want to risk their money if the driver often gets into accidents.

There are several options for standard MTPL insurance conditions:

• by the number of persons admitted to management– with or without limiting the number of drivers;

• by validity period– annual or temporary insurance (for the period of arrival at the place of registration of the car).

Deadlines

There is no formal indication of legislative acts on the time frame within which the driver must have time to register his motor vehicle liability.

However, when purchasing a new car, you should take into account that the law allows 10 days from the date of purchase for proper registration. During this period, it is necessary to have time to conclude an insurance contract for the owner, since without a compulsory motor liability insurance policy, put the car on in the traffic police it is impossible.

The absence of a valid MTPL policy for a traffic participant does not entail the immediate imposition of a fine. The inspector will first issue an order in which he will oblige you, within 10 days from the date of execution of the document, to issue a mandatory policy in accordance with all the rules. Well, if you become a persistent offender and do not listen to the police officer’s recommendation, you will no longer be able to count on leniency and will be fined 800 rubles.

Policyholder

There is an opinion that the owner of the vehicle must contact the insurance company to draw up a compulsory motor liability insurance contract and include all the drivers whom he trusts to drive his car.

In fact, for the insurer, if there is a full package of necessary documents, it does not matter at all who will draw up, sign and pay for the insurance contract - Any person can act as an insured.

It should be taken into account that only the person who directly entered into the insurance contract will have the right to make changes to the current MTPL policy.

The insurer may be:

1. nominal owner means of transport;
2. a driver authorized by the owner's consent to drive a car;
3. tenant who has executed a lease agreement for a period of more than 1 year;
4. person who owns a vehicle under a leasing agreement with the nominal owner of the car.

If you do not understand the terms, or you still have questions, you can get additional advice by filling out a request at the end of the article.

Preparation of documents

To enter into a formal contract with an insurance company or agent for a compulsory type of insurance, you may be required to:

• a completed standard application form issued by the inspector;
• for an individual - a general civil passport, if an authorized person has applied to the insurer for services, the owner’s passport is required or;
• registration documents for the car (STS and);
• confirmation of passage (diagnostic card);
• a photocopy and original of the driver’s license, if only 1 person admitted to driving is declared;
• photocopies and originals of driver's licenses of all persons who will have the right to drive a car (licenses are not needed for an unlimited number of persons);
• previous insurance certificate under MTPL.

The insurer has no right to refuse to conclude a compulsory motor liability insurance contract to an insured who has applied with a full package of documents.

Note! Only reliable data should be provided, otherwise problems with payments may arise.

The presented video contains legal advice that must be taken into account when drawing up an MTPL agreement:

What to pay attention to

Before you give your money, you must first verify the seller’s authority:

• Go to the RSA website and find out whether this activity is licensed by the insurer;
• The more branches a company has, the more reliable the insurer; check this information on the same website.

Due to the increasing number of cases of detection of fake MTPL policies, do not be lazy before signing the papers to check their authenticity.

Privileges

The Federal Law provides for the provision of benefits to certain categories of citizens:

1. disabled drivers those who have a vehicle for medical reasons (vehicles were received through social security authorities);
2. disabled children, benefits are provided to the legal representative of the minor.

Persons belonging to the described groups can take advantage of a 50% discount, provided that the disability is confirmed by official certificates.

When concluding an MTPL agreement, it is necessary to remember that compensation payments are due only if the insurance policy, along with the driver himself, who falls into the preferential category, includes no more than two persons allowed to drive a vehicle.

To receive compensation, after registration and full payment of the MTPL policy, you must contact the social protection department at your place of registration before December 10 of the current year.

List of documents required to receive compensation payments:

• statement;
• a copy of the MTPL policy;
• a copy of the receipt for payment of the insurance premium;
• copies of PTS or STS, registration documents must be issued to a person entitled to benefits (a disabled person or a legal representative of a disabled child);
• certificate of disability;
• a copy of the conclusion on the presence of medical indications for the provision of motor transport;
• a copy of the applicant’s civil passport (first page and place of registration);
• a copy of the power of attorney, in case of insurance by a proxy.

Copies of documents are submitted if the originals are available.

Discounts for accident-free driving

Many are concerned about questions regarding a failure on the RSA website, when during such a demarche all previously entered data on accident-free driving disappeared.

When issuing an extension of the validity period, insurers refer specifically to this point and do not provide drivers with the discounts they are entitled to. At the moment, all driver data has been restored, and there are no reasons for refusal.

For a positive decision in your favor, you should send a written complaint to the auto insurers union. They themselves will point out the incompetence of the actions of the company against which the complaint was filed. With a written response, you can come to the office again and apply for insurance at a discount.

To receive the required discount for accident-free conditions, we recommend that each policyholder, before going to the office of the insurance company, independently.

You can get answers to these and other questions online by filling out a request at the end of the article.

Insurance without technical inspection

Insurance rules allow issuing a policy without the mandatory maintenance procedure in just a few cases:

1. When purchasing a brand new car.
2. The policy is required to pass the next technical inspection.
3. The vehicle is driven to the place of permanent registration, the period for such action is set at 20 days.

Forcing additional insurance

In recent years, some insurers have sometimes refused to issue a mandatory policy; these cases have become widespread.

If this phenomenon occurs in your company, then you need to know that the insurer has no legal rights to do so. If they violate generally accepted provisions, you can get free help from our lawyers by contacting the online reception.

Refusal to draw up a compulsory motor liability insurance agreement, as well as forcing you to enter into any additional insurance agreements, as well as insisting on undergoing a car inspection from a certain operator, are illegal actions and are punishable by a fine on the insurance company in the amount 50 thousand rubles.

Our specialists will find compelling arguments so that the insurer will no longer want to force the issue of additional policies, since such activities are recognized outside the law.

You can learn more about how to buy a pure OSAGO policy by reading the corresponding one.

Is a car inspection necessary?

Of course, the insurer can be understood when he asks to present the car for inspection. First of all, he risks his money if the information in the TO is false.

But! He can only ask, while the inspection itself can take place at the place of residence of the policyholder, this is not regulated by any regulations or resolutions, and if the office is located, for example, in another city, then you have all the legal grounds not to fulfill this request, no one will be punished I don't owe you a ruble.

Remember, you insure your liability as the driver of the vehicle, and the presence of a valid diagnostic card is already confirmation of the proper condition of the car.

If you have any difficulties of this nature, you can always get help from our specialists by filling out the application at the end of the article.

Step-by-step instructions for applying for compulsory motor liability insurance

We have already provided information about the total cost of the policy, who can receive bonuses for accident-free operation, which company to give preference to, now it’s time to talk about the actions that should be taken when concluding a contract.

Necessary actions:

1. Choosing an insurance company and personal appeal to her representative.
2. Independent photocopying of provided documents(general passport, car registration certificate, driver’s license, certificate of maintenance in a licensed company).
3. Filling out the application(2 copies) for drawing up an agreement with the insurer.
4. Providing a package of documents.
5. Checking the policy form and the data entered into it.
6. Payment of insurance costs.
7. Signing an MTPL policy(the second copy is sent to the office, and the first one remains in your hands).

Another option is possible:

• Send an application to the company representative by registered mail, in which you must indicate a request for the provision of its bank details and calculations made for the payment of insurance premiums. Or hand over the written statements to the insurer's inspector, affix the organization's seal and the incoming number to them.
• After three days, the requested information can be obtained at the office where you applied.

(Word file in .rtf format)

The second method of submitting an application is used to circumvent possible refusal and coercion to conclude any additional services.

OSAGO refers to public contracts, which means that the organization does not have the right to refuse its conclusion and must provide services to everyone who applies.

If for some reason a preliminary calculation has not been prepared, then you can file a complaint about the negligence of the contractor with the RSA. If the official form itself was not issued, but the money was transferred, then this is also a reason for a complaint.

Upon completion of the registration procedure, the policyholder will receive:

• original insurance contract with the company;
• original policy, with registered drivers allowed to drive;
• set of MTPL rules;
• accident notification forms(2 copies);
• payment receipt services provided.

If you have any questions, we are always happy to help, fill out the application form at the end of the article and you will receive a free consultation from our legal experts.

Since joining amendments to the law approving the rules of compulsory civil liability insurance for car owners came into force. As a result of the adoption of new rules, priority was given to compensation in kind, that is, restorative repairs. It can be noted that the new rules for payments under compulsory motor liability insurance in 2019 affected not only insurance organizations, but also all car owners.

It is worth immediately emphasizing here that the new MTPL rules apply to passenger cars owned by individuals who are citizens of the Russian Federation.
Therefore, let us consider in detail the approved 12 amendments:

Cash compensation as an alternative to repairs

If the car is damaged, the insurance company repairs the car at a repair station without offering money in return. Before the introduction of new rules for payments under compulsory motor liability insurance, the driver could choose one of two options: either repairs or receiving money.

In 2019, under compulsory motor liability insurance, they can pay monetary compensation instead of repairs if:

• the car cannot be restored;
• restoring the car will require more than 400 thousand rubles;
• damage was caused to an object unrelated to the car;
• insurance is concluded internationally;
• the insurance company is unable to repair the car;
• registration of the accident took place without the participation of police representatives (allowed in situations with damage in an amount not exceeding 100 thousand rubles) and if it later turned out that restoration would cost a large amount, but the culprit of the accident refused to pay the difference.

How have the conditions for driving without a policy changed?

According to the amendments, now all car owners whose vehicles cannot reach speeds above 50 km/h are not required to obtain an MTPL policy. Previously, only those vehicle owners whose vehicle could not reach speeds above 20 km/h were allowed to drive without a policy.

If a driver recognized as a victim agrees to undergo restorative repairs under the MTPL agreement, then the insurer is obliged to give its client a referral to a service station 20 days in advance (weekends and holidays are not counted). If the car owner intends to repair the car at a third-party station, then the period for issuing a referral increases to 30 days.

Important! In 2019, each day that restoration work is delayed beyond the permissible period is subject to a penalty equal to 0.5% of the cost of damage.

Evacuation of a vehicle to a place of storage (repair): changes in the procedure for compensation

Previously, compensation payment for moving a damaged car to its destination was made in full on the basis of a receipt for payment for this service. In 2019, restrictions on transportation distance apply. The maximum delivery route is set at 50 km. If the distance is exceeded, the insurer has the right to challenge the amount of insurance compensation.

In cases where the client requires the car to be transported at his own discretion, the payment for this service falls on his shoulders.

Changes regarding recourse action

A claim made by an insurance organization against the person at fault for the purpose of deducting from him the funds it previously spent on repairing a damaged car is called a regressive claim.
According to the new changes, the following circumstances may become the reason for filing a regressive claim:

• if the culprit of the accident deliberately provoked it;
• if the culprit of the accident was under the influence of drugs (alcohol) and this fact is documented;
• if the person responsible for the accident did not have a driver’s license;
• if the culprit of the accident is not noted in the car owner’s insurance policy;
• the person who caused the accident, in order not to be held responsible for the violation committed, ran away from the scene of the accident;
• if the incident occurred during a period when the insurance policy is not valid;
• if within 5 days provided for by law, documentation about the fact of the accident was not presented to the insurance company;
• cases where the party that caused the accident has already undertaken restoration work;
• if the maintenance ticket (diagnostic card) became invalid at the time of the accident;
• cases where an insurance contract concluded electronically was drawn up by the policyholder with false information, which became the reason for underestimating the amount of insurance payment.

Changes to the limits introduced into the Europrotocol

New amendments in 2019 changed the maximum amount of insurance compensation, which is considered based on the fact of damage caused without the participation of police representatives. Now the maximum amount of insurance payment has increased to 100 thousand rubles. Previously, this amount was 50 thousand rubles.
In addition, the Bank of Russia now has the right to independently choose the form of notification about a car accident (according to the European Protocol).

How has the amount of maximum compensation for damages from the person who caused the accident changed?

Today, the maximum amounts for MTPL insurance payments are as follows:

• for cars and other property – 400 thousand rubles;
• for life and health insurance – 500 thousand rubles.

The calculation of the compensatory payment is carried out as before according to the general methodology of the Central Bank of the Russian Federation. In addition, the cost of replacing spare parts is set taking into account their wear and tear. As a result, the insurance company may pay, for example, 40%. Previously, the remaining amount fell on the owner of the car.
Now the new procedure obliges the person responsible for the accident to pay the missing amount.

For example: the restoration repair of a vehicle amounted to 60 thousand rubles, and the insurance company paid 45 thousand rubles. The remaining 15 thousand rubles should be confiscated from the culprit of the incident.

However, in order to demand payment of the missing amount from the person at fault for the accident, the injured party will have to collect evidence that in fact the car repairs turned out to be higher than the insurance compensation. For its part, the culprit of the road accident may request a new examination, which will help reduce payments to the victim.

How has the operating methodology of electronic policies changed?

Since 2018, innovations under compulsory motor liability insurance have been aimed at combating fraudulent schemes. From now on, the car owner must personally enter into an agreement on the insurer’s Internet resource and personally make the payment for the MTPL policy.

Changes regarding the new rule for choosing a service station

Previously, insurance organizations provided their clients with a service station for car repair in the event of an accident without the right to choose. In 2019, on the official website of the insurer, the injured car owner is given a choice of different repair stations and is offered information about them such as:

• name of the service station and its location;
• car brands repaired at this station;
• estimated time to complete repairs for a specific type of work.

It was already mentioned above that the car owner can find out about car service centers from their MTPL policies. According to the new rules, car services are subject to the following requirements:

• repairs must be completed in no more than 30 days;
• the distance of the station from the accident should not exceed 50 km (if there is a greater distance, the participant in the accident pays for the delivery of their transport);
• Cars with a guarantee are repaired at official dealers.

If it is impossible for the service station to comply with the requirements, the insurer may offer monetary compensation. In this case, its size will be less than the required amount, since the wear of parts will be taken into account in the calculation.

The KBM coefficient is used by the insurance company to calculate the insurance premium under the contract and directly depends on participation in an accident, therefore it can be considered as an increasing or decreasing factor in the driver’s track record. Previously, this coefficient was calculated only by the insurance organization; in 2019, this opportunity is provided to all drivers on the RSA website.

Multi-vehicle accidents: changes to direct settlement rules

The situation when the party injured in an accident turns only to its insurance agent is called direct settlement of losses. Previously, direct settlement of losses could be discussed if 2 cars were involved in the accident. In 2019, the participation of 3 or more cars in an accident is considered.

Amendments that corrected the list of persons who are not entitled to compensation for an accident

According to the innovations, from now on legal representatives of injured car owners filing claims against insurance organizations for damages will not receive compensation payments. The following are entitled to such payment:

• insurer;
• heir of the insurer (but notarized confirmation of inheritance will be required).

Hello! My name is Irina Alekseeva. I have been working in the field of jurisprudence since 2013. I specialize mainly in civil law. Studied at the Moscow Institute of Humanities and Economics (SZF) Jurisprudence (Civil Specialization).

The Law “On Compulsory Civil Liability Insurance of Vehicle Owners” regularly undergoes changes aimed at improving the situation of car owners, reducing insurance company costs and streamlining the market structure. Over the past 2016, the total number of changes has exceeded one hundred. In this article we will analyze the main changes that occurred in this year, as well as the innovations that came into force in 2017.

What changes did not occur on January 1, 2017?

As mentioned above, of all the initiatives proposed by the RSA, the Central Bank, the Government and State Duma of the Russian Federation and initiative groups, the current version of the Federal Law includes only the issuance of electronic policies and the introduction of a unified information base of the RSA. It allows the insurance company to exchange information about former and current clients. The following changes are not reflected in the current edition:

• ban on attracting independent experts;
• replacing compensation payments with an in-kind scheme;
• increase in damage under the Europrotocol to 100 thousand rubles;
• abolition of vehicle power factors;
• refusal to depreciate spare parts and replacement parts;
• an increase in the number of vehicle categories where insurance is not needed;
• “linking” the cost of the policy to the number of traffic violations committed.

Europrotocol

The main innovation in 2016 was the expansion of the requirements for registration of road accidents without the involvement of authorized police officers - according to the so-called Europrotocol. If a number of requirements are met, some accidents may not be registered with the traffic police and, after drawing up a diagram, you can immediately go to your company. Parties to an accident can still file an accident in accordance with the Euro Protocol if:

• the obvious cost of damage does not exceed 50 thousand rubles;
• Only vehicles (no more than two) were injured in the accident;
• No citizens - drivers, passengers, pedestrians - were injured in the accident;
• the liability of both participants in the accident is protected by the motor vehicle insurance;
• the participants in the incident have no disagreement about the role and guilt of each;
• based on the fact of the accident, a diagram has been drawn up indicating the surrounding infrastructure;
• the accident site was photographed and video recorded with coordinates indicated via GloNASS or another satellite positioning system.

The package of documents drawn up by participants at the scene of an accident under the European Protocol cannot be changed or increased upon request. Meanwhile, unscrupulous managers sometimes demand from citizens a certificate of an accident or a form of calculation of damaged parts in order, without receiving them, to refuse compensation under compulsory motor liability insurance. It is illegal!

Electronic MTPL policies

In 2016, electronic OSAGO policies were introduced in Russia, immediately called e-OSAGO. From July 1, 2016, citizens who had paper policies in their hands received the right to renew their vehicle license electronically, and full sales started on October 1. Information was not always transmitted to the traffic police, so car owners were advised to print out an electronic receipt and take it with them.

The changed rules of compulsory civil liability insurance coincided with two landmark decisions, also reflected in the Law “On Compulsory Motor Liability Insurance”. Firstly, a fine of 50 thousand rubles is imposed for refusal to sell a paper policy. This was a response to the refusal to sell auto citizenship in unprofitable regions and the imposition of additional services.

Secondly, in the field of auto insurance, pre-trial dispute resolution has begun to be used: if the applicant submits an application for compensation twice, after the second time the insurance company is obliged to pay the declared amount or give a reasoned response. Next is the trial.

Innovations 2017

The only fundamental change in 2017 that affected the MTPL rules was the obligation (and not the right) of insurance companies to sell electronic policies. However, the preparation that took place throughout 2016 hit them hard: companies often refused to sell policies to new clients, lost the bonus-malus ratio, and imposed additional conditions.

In December 2016, while the Central Bank of Russia and the RSA were holding consultations on the widespread implementation of “electronic MTPL”, insurance companies did not enter into agreements (even within the framework of extension) with clients from other constituent entities of the Russian Federation. When asked what to do if the vehicle belongs to close relatives, insurance company managers answered: re-register the vehicle in your name!

In 2017, all insurance companies are required to:

• sell E-OSAGO to any person who applies;
• ensure uninterrupted operation of the official website;
• inform about work carried out on the site at least 24 hours in advance;
• allow the site to be down for no more than four hours per month;
• withstand a load of 10,000 visitors simultaneously (for new sites);
• accept applications for the sale of MTPL by any electronic means (including E-mail);
• use official data from the RSA database.

The last point is the most controversial. Unscrupulous players often “forgot” to transfer the bonus coefficient to RSA, which is why an experienced driver who does not allow accidents drove with the same discount from year to year. When registering e-OSAGO, the insurance company specialist will again contact the Union’s information base and count the discounts available there.

Clause “K” of Article 14 of the Federal Law “On Compulsory Motor Liability Insurance” provides for the possibility of refusal to pay if the client, when concluding an agreement in the form of an electronic document, provided false information, which led to an unreasonable reduction in the amount of the premium. Simply put: I filled out the form on the website incorrectly - I saved a thousand rubles - I was left without compensation!

Lawyers and representatives of the Russian Union of Auto Insurers emphasize: before paying for a motor vehicle insurance, it is necessary to clarify the general discount. If payment has already been made, you need to go to the insurance company office and write an application for a refund of the overpaid money, after which changes will be made to the e-OSAGO form and the printed receipt from the website.

If a citizen, having issued an e-MTPL, still wants to receive a paper policy, the document will be issued to him or sent by mail free of charge - the MTPL rules provide for this option. The customer, in addition to the cost of the electronic form, only pays for shipping.

Independent examination in 2016

During the discussion of the latest amendments to the Law “On Compulsory Motor Liability Insurance”, the RSA’s plans to ban the involvement of independent automotive experts caused a stir. According to representatives of the head of the Union, human rights activists sued up to 10 billion rubles. annually, indicating in claims amounts that are inflated several times compared to independent experts - often affiliated.

Independent human rights activists visited the people involved in road accidents. The parties entered into an agreement under which the victim received a certain amount “here and immediately”, and in return issued a power of attorney for the right to represent his interests in the Investigative Committee and the court. Next, talented lawyers drafted thousands of competent claims and won!

Considering that the courts sided with these very human rights defenders (that is, they recognized the legal right of claim and the amount of the claim), they were within the legal framework. Consequently, statements by RSA functionaries about the “almost theft” of 10 billion rubles. have no relation to reality, and the money lost should have remained operating profit?

Innovations 2017

To counteract outside lawyers, paragraph 11 of Art. 12 of the Law “On Compulsory Motor Liability Insurance”. When a case occurs, the citizen is obliged to prepare an application for payment within the period established by law - previously it was required to provide the vehicle or its remains for inspection. If this was not received, the citizen had no right to payment. Besides:

• the victim does not have the right to independently organize an independent technical examination before sending documents to the Investigative Committee;
• if it was organized bypassing the IC, the results are not accepted;
• The payment period is calculated from the moment of initial or repeated submission of documents to the Investigative Committee.

To pass the examination you must provide:

• vehicle registration documents;
• documents about the accident or their copies sent to the Investigative Committee;
• certificate of an accident (if it was issued by a traffic police officer);
• referral for examination, if a corresponding agreement has been concluded between the insurance company and the expert (company);
• other documents regarding the accident.

Paragraph 5 of the same Rules states: the car owner is first obliged to apply to the Investigative Committee for a referral for examination, and go to an independent structure only if he was not issued a referral within the period established by law. Consequently, the involved human rights defenders, acting by proxy, must still contact the Investigative Committee for a referral, and only in case of disagreement have the right to conduct an alternative check.

Bankruptcy of the insurance company in 2016

Art. is of great importance for the professional community, but not so much for ordinary consumers. 20, where the concept of bankruptcy of an insurance company and the transfer of its rights and obligations to a professional association (POS) appeared. In 2016, it was indicated that the PIC has the right to file recourse claims and seek compensation from those responsible for road accidents.

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Changes to OSAGO 2017 were signed by the President and came into effect on April 28, 2017. The new rules apply to all MTPL policies concluded between insurers and car owners after 04/28/2017.

This is the most discussed news among motorists. The essence of the main amendments can be formulated in three words – repairs instead of payments.

In addition to insurance companies and drivers, innovations affect the interests of the auto business and are assessed ambiguously by representatives of different segments of the population. What awaits drivers and what they need to be prepared for, we will tell you in this article.

In this article:

What changes are there in the MTPL law?

The amendments to OSAGO are global in nature, the main content of which is to limit the right of the owner of a passenger car after 04/28/2017 to receive money for its repairs in the event of an accident.

Now money for repairs can only be received in extreme cases, if:

1. The car cannot be restored.
2. To repair a car, an amount exceeding the insured amount of 400 thousand rubles is required.
3. Damage was caused to a property not related to the car.
4. Insurance was obtained within the framework of international insurance systems.
5. The insurance company cannot fulfill its obligations to repair the damaged vehicle in any way other than paying monetary compensation.
6. The accident was registered legally without the participation of police officers (for damages up to 100 thousand rubles), but the car repairs exceed this amount and the victim does not agree to pay extra money.
7. The car belongs to a disabled person of the first or second group, who in the application asks to pay money for repairs.

In general, the adopted standards are aimed at combating the existing mechanism of taking money from insurance companies.

The essence of the mechanism is that legally trained specialists acted as a kind of “collectors” in relation to insurance companies.

They bought the right to compensation for damages from the participants in the accident at a low price and, by filing fraudulent claims through the courts, sought to pay them the maximum possible sums of money.

This practice caused enormous damage to the entire insurance market.

The adopted amendments affect the interests of not only insurance companies. Innovations under compulsory motor liability insurance directly affect all car owners without exception, including those who have not been and do not plan to get into an accident.

There are 11 amendments in total, nine of them relate to insurance cases in the event of an accident, and two relate to the purchase of a compulsory motor liability insurance policy. Let's look at them briefly.

Change to OSAGO No. 1. Selection of service station

Previously, to repair a damaged car, the insurance company itself provided a repair station with which a repair contract was concluded. The client had practically no right to choose the place of repair.

Since 2017, the owner of an MTPL policy has been legally enshrined in the ability to choose a car repair point. However, you should not rejoice prematurely.

The selected item will become available only after written approval from the insurance company about the possibility of its use. And she may not agree with the option proposed by the client.

In this case, all that remains is to agree to the repair clause offered by the insurer. Why? Because according to the law, it is impossible to receive money, and there are no other options, since they are not prescribed by law.

Amendment to OSAGO No. 2. Penalty for failure to meet vehicle deadlines

Before the innovations, the repair period was determined by an agreement between the client and the repair point. It is now legally determined that the period for bringing a car into good condition cannot exceed 30 days.

For each day of delay in repairs, the insurer must pay penalties in the amount of 0.5% of the total amount of damage. But how the owner of the car being repaired can get this money, the mechanism has not yet been determined.

If through the court, then the money will be difficult to obtain (due to the lack of established judicial practice), and you will have to spend a fair amount of nerves.

Change to OSAGO No. 3. Amount of compensation for towing a car

Now the amount of money for delivering the car from the accident site to the repair or storage point is paid by the insurer according to the documents submitted by the client confirming the transportation costs.

That is, if you paid for the delivery of the car, you can count on payment of compensation. No receipt means no expenses and no money can be received.

The new rules set a maximum delivery limit of 50 km. No more. If a repair station you know is located at a distance of 51 km from the point of accident or storage of the car, then formally the insurer has the right not to agree with such transportation.

If the client insists on this option, then the organization of delivery of the car and its payment rests with him. That is, for your money, always, please.

Amendment to OSAGO No. 4. Direct settlement in case of an accident with several participants

Direct loss settlement is when, after an accident, the victim applies only to the company that sold him the policy (his company). Before the adoption of the innovations, there was a strict condition: only two cars were damaged in the accident.

The new amendments extend the rules for contacting your own company only in cases of mass accidents (three cars or more). According to legislators, the proposed regulations are aimed at simplifying the rules for processing accident losses and car repairs.

However, not the entire expert community shares this opinion. To organize the restoration of the injured client’s car, his insurer must obtain agreement from the insurance company of the person responsible for the accident regarding the monetary amount of the upcoming repair.

And if there are 2, 3 or more culprits, how long will it take? The law is still silent about this.

Amendment to OSAGO No. 5. Increase in payments under the Europrotocol

New amendments to OSAGO increase the maximum amount of damage to 100 thousand rubles due to an accident registered without the participation of traffic police officers (according to the European Protocol). This norm will apply throughout the country.

Previously, the maximum amount of such an amount was 50 thousand rubles, and for Moscow, the Moscow region, St. Petersburg and the Leningrad region - up to 400 thousand rubles. subject to certain conditions (availability of photos and videos of damage, agreement to admit the guilt of one of the participants in the accident, etc.).

There is hardly any reason to be upset about the reduction in the maximum amount of damages for an accident filed by drivers themselves.

It is important to remember that in the event of an error in assessing the damage, when actual repairs require an amount of more than 100 thousand rubles, the author of the road accident will have to pay extra in excess of the amount.

Amendment to OSAGO No. 6. Full compensation for damage from the culprit of the accident

The maximum amount of payments under compulsory motor liability insurance is up to 400 thousand rubles. for a car and other property and up to 500 thousand rubles. for life and health insurance.

The innovations established by the adopted law do not resolve the issue of full compensation for damage from the culprit of the accident if the insured amount is not enough to restore the damaged car.

Previously, the reason for the lack of funds for repairs was the high price of new spare parts. Since 2017, the insurance company has no right to take into account the depreciation of car components that are subject to replacement.

However, the increase in the exchange rate of the dollar and euro against the ruble leads to a constant increase in prices for spare parts supplied from abroad, which means that there may be cases of insufficiency of the insured amount for a full repair. So far, the law does not provide for such a case.

It should be especially noted that the issue of full compensation for damage is very relevant for the Europrotocol (damage up to 100 thousand rubles).

A protocol was drawn up without the participation of traffic police officers, accepted by the insurer, and vehicle repairs began. During the work, it was discovered that to fully restore the car, an amount exceeding the maximum amount of money established for the Euro Protocol is required.

In this case, the new law places the obligation to make additional payments in the difference on the injured party. The logic is this: you drew up the protocol yourself, pay extra yourself, that is, bear responsibility for your independent decision. Whether this is correct or not, law enforcement practice will show.

Amendment to OSAGO No. 7. Grounds for regressive claim

A claim is a formal claim by an insurance company against the person or persons responsible for the accident, filed in court in order to receive the full insurance amount spent by the insurer on repairing the car.

According to the new legislative amendments, the following circumstances serve as grounds for filing a regressive claim:

1. The state of intoxication (alcohol, drugs, etc.) of the perpetrator at the time of the accident, confirmed by an examination.
2. Refusal of the culprit of the car accident to undergo a medical examination for intoxication.
3. Consumption of alcoholic beverages, as well as narcotic or psychotropic substances, in violation of the requirements of the Traffic Rules after a car accident.
4. Causing harm by using a passenger car with a trailer to it in violation of the terms of the MTPL policy (the policy does not contain a record of the possibility of driving a car with a trailer to it).

It is important to remember some features of filing a recourse claim that are useful in practice.

The new law does not allow the insurer to make regressive claims against the following participants in the accident:

1. A pedestrian injured in a traffic accident by injury or injury or death involving the insured vehicle.
2. Relatives and heirs of a pedestrian for whom a car accident was fatal.

Thus, if insurers file a claim in court against these categories of citizens, such a claim will be rejected.

Change to OSAGO No. 8. Electronic OSAGO policies and traffic police fines

Since 2017, the use of electronic policies has been permitted. However, this convenience in practice has brought a lot of worries for drivers, consisting in the inability of traffic police inspectors to fulfill their functional responsibilities of checking the availability of the policy, its reliability and authenticity.

The inspector can perform such checks if the Internet and its media (smartphone, tablet, laptop, etc.) are available.

What if the inspector is serving in an area where there is no Internet, or he does not have a mobile phone? In addition, until April 1, 2017, there was no mention of electronic MTPL policies in the inspector’s job regulations. Therefore, the inspector confidently issues you a fine for not having a policy (policy - not purchased - fine 800 rubles; not with you - 500 rubles).

In April 2017, a new version of the job regulations of traffic police officers came into force, in which:

1. An electronic policy or its printout is recognized as equivalent to a paper original.
2. There is a record of the driver’s right to present a printout of the electronic policy for verification.
3. Penalty in the form of license plate removal is excluded.

Now the validity of the electronic statement is checked on a special service of the Ministry of Internal Affairs of Russia or on the official website of the Russian Union of Automobile Insurers (hereinafter referred to as RSA), which contains a database

Adviсe:

1. If you have an electronic policy, always have a smartphone, tablet or laptop with you. If he does not recognize the printout, the driver has the right to offer to drive to a place where there is reliable Internet reception and then, by opening the RSA website, confirm the legitimacy of the extract.
2. Know that if you buy a new car, you can drive it for up to 10 days without a policy.

Change in compulsory motor liability insurance No. 9. Bonus-malus coefficient without compulsory motor liability insurance policy

The bonus-malus coefficient (hereinafter referred to as BMC) is a discount to the driver for careful driving without an accident, reducing the cost of the policy. This coefficient can either reduce or increase the cost of purchasing MTPL. KBM determines the driver's class at the beginning of the policy purchase.

Since 2017, the policy has been detached from the car and linked to the driver’s accident-free driving. Now each driver, and not the car, is determined by its BCM, which changes during emergency driving. 14 individual CBM classes are used.

The main thing is that linking the policy to the driver will ensure an increase in the cost of the MTPL policy if there are no restrictions on drivers allowed to drive a car.

It is important to know:

1. Now the insurer has no right to independently calculate the BMR. RSA is obligated to develop and implement an electronic automated system that provides real-time calculation of the KBM for each driver. When a driver purchases a policy, data on its calculated coefficient will be automatically transferred to the insurance company issuing the MTPL policy. The introduced procedure, according to experts and legislators, is aimed at eliminating abuses by insurance companies when calculating the price of the policy being sold.
2. Currently, any driver can find out his coefficient on the RSA website using data from a current policy or a policy that expired no more than a year ago. When applying for a policy, you have the right to request that an employee of the insurance company check your individual KBM against the RSA database and use it when calculating the cost of compulsory motor liability insurance.

Change to OSAGO No. 10. Who can drive without OSAGO

Owners of vehicles whose maximum speed, due to their technical capabilities, cannot reach more than 50 km per hour, are not required to purchase an MTPL policy (previously 20 km per hour).

Drivers of vehicles that have technical characteristics, according to which these vehicles are not subject to the requirements for the approval of vehicles for operation and participation in traffic on public roads and (or) state registration, also do not purchase policies.

Change to OSAGO No. 11. Who is not entitled to receive payment for an accident

New amendments to the law on compulsory motor liability insurance do not allow the representative of the injured driver to receive payments for him to compensate for the damage incurred in a car accident. Now, the point of car collectors buying back from owners of damaged cars their right to compensation for damage is lost (the money will still not be paid on completely legal grounds).

Conclusion or what 2017 has in store for us

Despite the implementation of MTPL reforms, a large number of issues remain unclear. Therefore, it cannot be ruled out that after the implementation of the MTPL innovations, additional reforms will be required.

In the meantime, you should pay attention to the following innovations in MTPL.

Repair deadlines for compulsory motor vehicle liability insurance

The new law has changed the deadline for providing a car for re-examination. This rule stipulates that if the car is not presented for an initial independent examination, the driver is obliged to deliver the car for a second examination within 7 working days (previously it was 20 days).

Responsibility for violation of the repair period for a damaged car and its quality is assigned not to the repair organization carrying out the “treatment” of your “iron horse”, but to the insurance company that issued the repair order.

The MTPL law with the latest amendments in 2017 has many ambiguities, as well as positive and negative aspects. But what more will happen, time will tell when all the provisions of the new law are put into practice.

And to the rhetorical question “What to do?” There are still simple answers:

1. Know the traffic rules thoroughly, for example, remember that before making a maneuver, you must turn on the turn signal.
2. You should only drive a car in compliance with all traffic rules without exception, and not cause or get into accidents.
3. Remember the proverb “the slower you go, the further you will go.” At the same time, “you will go further” not from the place you are going to, but from the hospital, prison or graveyard (ugh, ugh).

Good luck driving and God bless you on all your trips.