Decisions of the Plenum of the Supreme Court of the Russian Federation. Decision of the plenum of the sun on the application by the courts of the legislation on OSAGO - Russian newspaper Decision of the plenum of the sun of 29.01

Many years have passed since the introduction of the mandatory auto insurance system in Russia, but it can be stated that some aspects of judicial practice in resolving disputes related to the OSAGO Law still have an ambiguous interpretation. The conflict of interest between the insurer and the driver is not always resolved in a “peaceful” way that is mutually beneficial for the parties. Many controversial provisions have to be considered in the judicial bodies of the Russian Federation in order to issue a final and irrevocable verdict.

Plenum of the Supreme Court on OSAGO 2015

Unfortunately, court decisions were not always equivalent for similar cases, revealing the imperfection of Russian legislation. To eliminate distortions in judicial practice and the ambiguous interpretation of the applicable articles, the Supreme Court of the Russian Federation (SC RF) held a special Plenum dedicated to the accumulated contentious issues on OSAGO.

As a result of the Plenum of the Armed Forces of the Russian Federation held on January 29, 2015, a resolution was adopted, which, in fact, is a set of lawful judgments in this or that disputable situation and explaining the scope of their application. Let us examine some of the important points that were considered at the Plenum of the Supreme Court on OSAGO.

Topics of the Plenum of the RF Armed Forces dated January 29, 2015

Plenum No. 2 on OSAGO reviewed the materials and summarized judicial practice on the following issues:

Legal regulation of relations on compulsory insurance of civil liability of vehicle owners.
Procedural features of consideration of cases on compulsory insurance of civil liability of vehicle owners.
Limitation of actions.
Contract of compulsory insurance of civil liability of vehicle owners.
Insurance payment.
Measures of responsibility of the insurer for violation of the terms of payment of insurance compensation.

The clarifications were enshrined in the form of a Resolution of the Plenum of the Armed Forces of the Russian Federation.

Resolution of the OSAGO Plenum

Here are the main conclusions from the Resolution, which should be given special attention:

The obligation of the insurance company is not only to compensate for the damage caused as a result of an accident, but also to compensate for the loss of the commodity value of the car.

The Supreme Court ruled in no uncertain terms to consider the loss of commodity value as actual material damage. Compensation for damage to the car owner by the insurance company in such a case can be carried out in two ways: by transferring Money or sending an emergency vehicle for service repair.

The procedure for compensating for damages for the mutual fault of the participants in an accident.

In cases of violation of traffic rules by both participants and recognition by the traffic police as perpetrators, the RF Armed Forces were recommended to establish the degree of guilt of each of the drivers and make insurance payments depending on this degree. If the degree is not determined, compensation will be no more than 50% of the cost of the repair costs.

Payment of compensation for damage to the car received outside the carriageway of the highway.

At the Plenum on OSAGO, the Armed Forces of the Russian Federation drew attention to the legitimacy of the statement of the motorist injured in this way about the payment by the insurer of material compensation for damage, which previously excluded such a practice - all accidents that occurred in yards or in parking lots were categorically not recognized as an insured event.

Responsibility of the insurance company for the proper quality of repair of the car of the victim, carried out in a car service in the direction of the insurer.

At the plenum, special attention was paid to the division of responsibility during the repair work in the service. As before, full responsibility for the quality of repairs lies with the car service, and the victim has the right to contact his insurance company in case of post-repair problems for their elimination.

Damage to property other than vehicle(property of a gas station, building or otherwise) the damage assessment is determined by estimates, the conclusion of the appraiser and other settlement documents.

According to the Resolution adopted at the Plenum on OSAGO, insurance companies can be involved in cash payments to compensate for justified damage in cases of damage to real estate, namely, in case of damage to gas station equipment, residential and non-residential buildings near the roadway, fences, fences, poles, etc.

Direct settlement between the OSAGO insurer and the victim of an accident involving no more than 2 vehicles and without physical injury.

The Supreme Court of the Russian Federation approved direct pre-trial settlement in some emergency cases, when the first step of the injured party in an accident should be to file a proper application with their insurance company.

The occurrence of an insured event may be recorded in other cases other than independent movement of the vehicle, namely, when it is parked, towed, stopped, etc.

Insurance companies were obliged, in contrast to the previous period, to apply the legalized mechanism of material payments not only in cases of accidents during the movement of vehicles, but also in emergency cases of its immovable state or towing.

With the consent of the victim, monetary compensation can be replaced by an insurance company by sending it to a car service for repairs, and the victim pays for the wear and tear of components and auto parts.

The OSAGO plenum decided that in cases of accidents in which the final loss of the vehicle is not confirmed, but irreparable damage is caused, the injured party has the right to choose either the payment of monetary compensation by the insurance company, or repair in a car service at the expense of the insurer.

Application of an increased amount of insurance payments: up to 400 thousand rubles in case of damage to the vehicle in an accident and up to 500 thousand rubles in case of harm to health in an accident, respectively.

All points of the Decree of the Plenum of the Armed Forces of the Russian Federation on OSAGO can be found below.

Results of the Plenum of 29.01.2015

In its resolution, the OSAGO Plenum outlined the deadlines for the introduction in 2015 of new maximum amounts of monetary compensation for damage in a road traffic accident, which are still valid today.

It should be noted that the Plenum of the Supreme Court considered and issued its undeniable verdict on many controversial issues and became a significant event in further development domestic OSAGO system.

The plenum significantly expanded the area of responsibility of insurers, defined a clear algorithm for the actions of the parties in a given situation, predetermined new maximum dimensions payments and specified some deadlines. Most of the decisions adopted at the CMTPL Plenum on the implementation of insurance practice and legislative dispute resolution are still valid today.

30.01.2015

On Thursday, January 29, the plenum of the Supreme Court adopted a resolution that explains how to apply in court the new provisions of the OSAGO law, which came into force in the fall of 2014. The amendments more than tripled insurance payments, obligated insurers to conclude OSAGO contracts in each branch, increased their fines for poor-quality services, and established many other norms that were supposed to normalize the situation with OSAGO.

Previously, the plenum of the Supreme Court gave clarifications several years after the appearance of new laws, by which time judges of various levels managed to make many mistakes, says Nikolai Tyurnikov, president of the Association for the Protection of Policyholders. By issuing the decision of the plenum immediately after the adoption of the law, the Supreme Court eliminates the problems associated with incorrect or simply different interpretations of the law. According to Tyurnikov, the resolution fixes the balance of interests of insurers and their clients, which is established in new version OSAGO law.

In the interests of clients of insurance companies, the plenum of the Supreme Court prescribed several points. They have the right to demand compensation for the loss of commodity value - an amount that is the difference between the cost of a new car and the same one restored after an accident (excluding depreciation costs). That is, in addition to paying for repairs, the insurance company is obliged to pay the owner money for deterioration appearance and specifications vehicle that caused the accident. The court adhered to this position before and often collected it from the insurance company. However, the calculation method has not yet appeared. It is necessary to adopt a unified methodology for assessing the TCB so that there are no disputes and no courts on this point, Nikolai Galushin, First Deputy Chairman of the Board of SOGAZ, believes.

Another plus for the client: the insurer is obliged to pay 50% of the amount of claims if the court ruled in favor of the car owner. The fine still exists, but the insurer does not pay it if it decides to pay the victim compensation during the dispute in court. “Often, insurers paid the client full compensation before the last court session. In other words, when the insurers understood that the court would rule against them, they paid the client what he asked for, and thus avoided a fine,” Tyurnikov explains.

Insurers are outraged: there are no grounds in the legislation for collecting a fine after the compensation has been paid, the deputy believes CEO OSAO "RESO-Garantiya" Igor Ivanov. “The law sets two conditions for the collection of a fine: the absence of voluntariness and the availability of an amount to be collected. What can the court recover if the insurer has already made a payment? It remains an issue,” he says.

In order to ensure the uniformity of the practice of application by the courts of legislation governing relations in the field of compulsory insurance of civil liability of vehicle owners, and also taking into account the issues that arise with the courts when considering this category of cases, the Plenum of the Supreme Court of the Russian Federation, guided by Article 126 of the Constitution of the Russian Federation, Articles 2, 5 of the Federal Constitutional Law of February 5, 2014 No. 3 - FKZ "On the Supreme Court of the Russian Federation", decides to give the following clarifications.

Legal regulation of relations on compulsory civil liability insurance of vehicle owners

1. Relations on compulsory insurance of civil liability of vehicle owners are governed by the norms of Chapter 48 "Insurance" of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), Federal Law No. 40-FZ of April 25, 2002 "On Compulsory Insurance of Civil Liability of Vehicle Owners" (hereinafter - the Law on OSAGO), Law of the Russian Federation of November 27, 1992 No. 4015-I "On the organization of insurance business in the Russian Federation" (hereinafter - Law No. 4015-I), Law of the Russian Federation of February 7, 1992 No. 2300- I “On Protection of Consumer Rights” (hereinafter referred to as the Law on Consumer Rights Protection) to the extent not regulated by special laws, as well as the Rules for Compulsory Insurance of Civil Liability of Vehicle Owners, approved by the Regulation of the Central Bank of the Russian Federation of September 19, 2014 No. 431-P (hereinafter referred to as the Insurance Rules), and other regulatory legal acts of the Russian Federation.

2. The Law on the Protection of Consumer Rights applies to relations arising from the contract of compulsory civil liability insurance of vehicle owners in cases where insurance is carried out exclusively for personal, family, household, domestic and other needs not related to entrepreneurial and other economic activities. .

Relations arising between the victim and the professional association of insurers in connection with compensation payments are not covered by the Law on the Protection of Consumer Rights.

Procedural features of consideration of cases on compulsory civil liability insurance of vehicle owners

When determining the jurisdiction of a dispute related to compulsory insurance, the consideration of which falls within the competence of the courts of general jurisdiction, the courts should be guided by the general rules established by Articles 23 and 24 of the Code of Civil Procedure of the Russian Federation:

a) cases on property disputes (for example, in the event of a claim for the recovery of an insurance payment) with a claim value not exceeding fifty thousand rubles on the date of filing an application, are within the jurisdiction of a justice of the peace (clause 5 of part 1 of article 23 of the Code of Civil Procedure of the Russian Federation);
B) cases on property disputes with a claim value exceeding fifty thousand rubles on the day of filing an application, as well as cases on claims that are not subject to assessment (for example, on violation of the consumer's right to reliable information), are within the jurisdiction of the district court (Article 24 of the Code of Civil Procedure of the Russian Federation).

If, simultaneously with a claim of a property nature, within the jurisdiction of a justice of the peace, a derivative claim for compensation for moral damage is filed, such cases are within the jurisdiction of a justice of the peace.

If, upon filing a counterclaim, new claims are within the jurisdiction of the district court, all claims are subject to consideration in the district court. In this case, the justice of the peace issues a ruling on the transfer of the case to the district court (Part 3 of Article 23 of the Code of Civil Procedure of the Russian Federation).

4. Cases on disputes arising from the contract of compulsory insurance of civil liability of vehicle owners and related to the implementation of entrepreneurial and other economic activities by legal entities and individual entrepreneurs are subject to consideration arbitration court(Part 1 of Article 27, Article 28 of the Arbitration Procedure Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation).

5. Cases in disputes related to compulsory civil liability insurance of vehicle owners are considered according to the general rule of territorial jurisdiction at the location of the defendant (Article 28 of the Code of Civil Procedure of the Russian Federation, Article 35 of the Arbitration Procedure Code of the Russian Federation).

A claim against an insurance company may also be brought at the location of the branch or representative office that concluded the compulsory insurance contract, or at the location of the branch or representative office that accepted the application for the implementation of the insurance payment (Part 2 of Article 29 of the Code of Civil Procedure of the Russian Federation and Part 5 of Article 36 of the APC of the Russian Federation).

At the same time, claims in disputes on the protection of the rights of a consumer who is an insured, a beneficiary under a contract of compulsory civil liability insurance of vehicle owners may also be brought to court at the place of residence or at the place of stay of the plaintiff or at the place of conclusion or place of execution of the contract (Article 28 and part 7 article 29 Code of Civil Procedure of the Russian Federation).

Claims for disputes related to compensation payments are subject to consideration by general rules territorial jurisdiction - at the location of the professional association of insurers or at the location of its branch or representative office.

6. When the victims bring a claim directly against the tortfeasor, the court, by virtue of part 3 of article 40 of the Code of Civil Procedure of the Russian Federation and part 6 of article 46 of the Arbitration Procedure Code of the Russian Federation, is obliged to involve an insurance company in the case as a defendant, to which, in accordance with the OSAGO Law, the victim has the right to apply with an application for insurance payment or direct compensation for losses (paragraph two of paragraph 2 of Article 11 of the OSAGO Law).

7. Paragraph four of paragraph 21 of article 12, paragraph two of paragraph 1 of article 161 and paragraph 3 of article 19 of the OSAGO Law from September 1, 2014 provide for a mandatory pre-trial dispute settlement procedure.

The provisions on the mandatory pre-trial dispute settlement procedure provided for in paragraph two of paragraph 1 of Article 161 of the OSAGO Law shall be applied if the insured event occurred after September 1, 2014.

The rules on mandatory pre-trial dispute resolution are also applied in the event of a claim being filed against a professional association of insurers for the recovery of compensation payments (paragraph three of paragraph 1 of Article 19 of the OSAGO Law).

8. The victim has the right to file a claim from the day when he knew or should have known about the insurer's refusal to pay the insurance indemnity or about its payment by the insurer not in full, or from the day following the expiration of the twenty-day period, with the exception of non-working holidays, from date of submission of the application for insurance payment with the submission of all required documents for decision-making by the insurer (clause 21 of article 12 of the Law on OSAGO).

Non-working holidays are determined in accordance with Article 112 Labor Code Russian Federation.

9. The referee returns statement of claim in case of non-compliance with the mandatory pre-trial procedure for resolving the dispute when the victims bring a claim against the insurance company or simultaneously against the insurance company and the tortfeasor (Article 135 of the Code of Civil Procedure of the Russian Federation).

In cases where this circumstance is established during the consideration of the case or when an insurance company is involved as a defendant, claims against both the insurer and the tortfeasor are subject to dismissal on the basis of paragraph two of Article 222 of the Code of Civil Procedure of the Russian Federation and clause 2 of Part 1 of Article 148 of the Arbitration Procedure Code of the Russian Federation.

The rules on the obligatory pre-trial procedure for settling a dispute are also applied in the event that the defendant - the tortfeasor is replaced by an insurance company.

Limitation of actions

11. The change of persons in the obligation (in particular, in the event of subrogation, assignment of the right to claim) for the claims that the new creditor has against the person liable for losses caused as a result of a traffic accident does not entail a change in the course of the general (three-year) period limitation period and the procedure for its calculation (Article 201 of the Civil Code of the Russian Federation).

12. The grounds for interrupting the running of the limitation period may be, in particular, recognition by the insurer of a claim, partial payment of insurance indemnity and / or a penalty, a financial sanction (Article 203 of the Civil Code of the Russian Federation).

Contract of compulsory insurance of civil liability of vehicle owners

13. Compulsory insurance contract must comply with the OSAGO Law and the Insurance Rules in force at the time of its conclusion.

Changing the provisions of the Law on OSAGO, the Rules of Insurance after the conclusion of the contract does not entail changes in the provisions of the contract (in particular, on the procedure for execution, terms of validity, essential conditions), except in cases where the law applies to relations arising from previously concluded contracts (paragraphs 1 and 2 article 422 of the Civil Code of the Russian Federation).

When resolving disputes arising from compulsory civil liability insurance contracts for vehicle owners, it should be borne in mind that the insurance contract in the part in which it is concluded on the terms of the Insurance Rules is subject to the rules of Article 428 of the Civil Code of the Russian Federation on the adhesion contract.

The contract of compulsory insurance is public, is concluded on the terms provided for by the Law on OSAGO and other legal acts adopted for the purpose of its implementation.

Based on the provisions of paragraph 25 of Article 12 of the OSAGO Law and paragraph 2 of Article 426 of the Civil Code of the Russian Federation, the terms of the compulsory insurance contract that contradict the OSAGO Law and / or the Insurance Rules, including those establishing additional grounds for exempting an insurance company from the obligation to make an insurance payment, are void (Clause 5 of Article 426 of the Civil Code of the Russian Federation).

In the event of a dispute regarding the content of the insurance contract, the content of the policyholder's application, the insurance policy, as well as the insurance rules on the basis of which the contract was concluded, should be taken into account.

14. The compulsory insurance contract does not apply to cases of harm to life, health and / or property when using a vehicle in the territory of a foreign state, including in the case when the amount of damage exceeds the maximum insured amount according to the green card insurance rules (Article 31 OSAGO Law).

15. The issuance of an insurance policy is evidence confirming the conclusion of a compulsory civil liability insurance contract, until proven otherwise.

Incomplete and / or untimely transfer to the insurer of the insurance premium received by an insurance broker or insurance agent, unauthorized use of compulsory insurance policy forms do not release the insurer from the performance of the compulsory insurance contract (paragraph 71 of Article 15 of the OSAGO Law).

In case of theft of compulsory insurance policy forms insurance organization is exempted from paying insurance compensation only on the condition that before the date of the insured event, the insurer, insurance broker or insurance agent applied to the authorized bodies with a statement about the theft of forms (clause 71 of article 15 of the OSAGO Law).

16. After the conclusion of the compulsory insurance contract, the replacement of the vehicle indicated in the compulsory insurance policy, the change of the term of insurance, as well as the replacement of the insured are not allowed.

When transferring the right of ownership, the right of economic management or operational management of the vehicle from the insured to another person, the new owner is obliged to conclude an agreement on compulsory insurance of his civil liability (clause 2 of article 4 of the OSAGO Law).

17. An insured event is an event that occurs as a result of which the civil liability of the insured and other persons arises, the risk of whose liability is insured under a compulsory insurance contract for causing harm to life, health and / or property of victims when using a vehicle (paragraph eleven of Article 1 of the Law on OSAGO).

The use of a vehicle should be understood not only as a mechanical (physical) movement in space, but also all actions associated with this movement and other operation of the vehicle (towing, parking, parking, stopping, etc.).

In relation to the OSAGO Law, the use of a vehicle is understood as its operation within the roads, as well as on the territories adjacent to the roads and intended for the movement of vehicles (in yards, in residential areas, in parking lots, gas stations, as well as any other territories on which it is possible to move (pass) the vehicle).

Operation of equipment installed on the vehicle and not directly related to the participation of the vehicle in road traffic(for example, a slewing device of a truck crane, a concrete mixer, unloading mechanisms, a manipulator boom, an advertising structure on a car), is not the use of a vehicle (paragraph two of Article 1 of the OSAGO Law).

18. The right to receive an insurance payment in terms of compensation for damage caused to property belongs to the victim - the person who owns the property on the basis of the right of ownership or other real right. Persons who own property on a different basis (in particular, on the basis of a lease agreement or by virtue of authority based on a power of attorney), do not have an independent right to insurance payment in respect of property (paragraph six of Article 1 of the OSAGO Law).

If the damage caused as a result of a traffic accident is compensated not by the insurance organization of the tortfeasor (or in the case of direct compensation for losses, by the insurance organization of the victim), but by another person, then the person who compensated for the damage has the right to compensation for losses.

The person who compensated the injured person (the inflictor of harm, the insurance company that paid insurance compensation under a voluntary property insurance contract, any other person, except for the insurance company of the tortfeasor or the insurance company of the victim), has the right to claim against the insurer that insured the civil liability of the victim only in cases allowing direct compensation for damages (Article 141 of the OSAGO Law). In other cases, such a requirement is presented to the insurer who has insured the civil liability of the tortfeasor.

The person who compensated for the damage caused as a result of an insured event has the right to claim against the insurer in the amount determined in accordance with the OSAGO Law. At the same time, the exercise of the transferred right of claim is carried out in accordance with the legislation of the Russian Federation, subject to the provisions of the OSAGO Law governing relations between the victim and the insurer (paragraph 23 of Article 12 of the OSAGO Law).

19. The rights of the victim (beneficiary) under a compulsory insurance contract may be transferred to another person only in terms of compensation for damage caused to his property upon the occurrence of a specific insured event under a compulsory civil liability insurance contract for vehicle owners (Article 383 of the Civil Code of the Russian Federation).

The transfer of the rights of the victim (beneficiary) under the compulsory insurance contract is allowed only from the moment of the occurrence of the insured event.

The rights of the victim to compensation for harm to life and health, as well as the right to compensation for moral damage and the procedural rights of the consumer cannot be transferred under an assignment agreement (Article 383 of the Civil Code of the Russian Federation).

20. The presentation of a claim by the beneficiary to the insurer for the payment of insurance indemnity does not exclude the assignment of the right to receive insurance indemnity. If the beneficiary receives an insurance payment in part, the assignment of the right to receive an insurance payment is allowed in the part not terminated by execution.

21. If it is not possible to establish the guilt of the insured person in the occurrence of an insured event or to determine the degree of guilt of each of the drivers involved in the road accident from the documents drawn up by the police officers, the person who applied for the insurance payment shall not be deprived of the right to receive it.

In this case, insurance organizations make insurance payments in equal shares of the amount of damage suffered by each (paragraph four of paragraph 22 of article 12 of the OSAGO Law).

The insurer is released from the obligation to pay a penalty, the amount of a financial sanction, a fine and compensation for non-pecuniary damage, if the obligation to pay insurance compensation in equal shares of the amount of damage incurred by each of the drivers participating in the road traffic accident is fulfilled.

In case of disagreement with such payment, the person who received the insurance indemnity has the right to apply to the court with a claim for the recovery of the insurance indemnity in the missing part. When considering a dispute, the court is obliged to establish the degree of guilt of the persons recognized as liable for the harm caused, and to collect from the insurance company the insurance payment, taking into account the degree of guilt of the persons whose civil liability is insured, established by the court. The law does not provide for the filing of an independent statement on establishing the degree of guilt.

22. The right of the original creditor passes to the new creditor to the extent and on the terms that existed at the time of transfer of the right, including the rights associated with the main claim, including the right to claim against the insurer obliged to pay the insurance payment in accordance with the OSAGO Law , payment of a penalty, the amount of a financial sanction and a fine (paragraph 1 of Article 384 of the Civil Code of the Russian Federation, paragraphs two and three of paragraph 21 of Article 12, paragraph 3 of Article 161 of the Law on OSAGO). The right to demand the collection of a fine from the insurer, provided for in paragraph 3 of Article 161 of the OSAGO Law, cannot be transferred to a legal entity until the court makes a decision on its collection.

The same rules apply to cases of transfer of rights of claim to the insurer that paid the insurance indemnity in the order of subrogation, since such a transfer is a special case of a change in persons in the obligation on the basis of the law (subparagraph 4 of paragraph 1 of Article 387, paragraph 1 of Article 965 of the Civil Code of the Russian Federation).

23. An agreement on the assignment of the right to an insurance payment is recognized as concluded if the subject of the agreement is definable, i.e. it is possible to establish in respect of which right (from which contract) the assignment has been made. At the same time, the absence of an indication in the contract exact size of the assigned right of claim is not a basis for recognizing the contract as not concluded (paragraph 1 of Article 307, paragraph 1 of Article 432, paragraph 1 of Article 384 of the Civil Code of the Russian Federation).

24. When the rights of the beneficiary (injured) are transferred to another person (for example, assignment of the right to claim, subrogation), not only rights are transferred, but also obligations associated with obtaining insurance compensation. The purchaser is obliged to notify the insurance company of the occurrence of an insured event, which is obliged to make an insurance payment in accordance with the OSAGO Law, to submit an application for an insurance payment with all the necessary documents attached, to send a claim if these actions were not previously committed by the beneficiary (injured).

25. If the amount of compensation paid by the insurer under a voluntary property insurance contract exceeds the maximum insured amount under the compulsory insurance contract, the right to claim passes to the insurer in the order of subrogation along with the right to claim against the insurance company obliged to pay the insurance payment in accordance with the OSAGO Law. to the tortfeasor to the extent exceeding this amount (Chapter 59 of the Civil Code of the Russian Federation).

26. If, when considering a case on a subrogation claim of an insurance company that paid insurance compensation under a voluntary insurance contract against an insurance company obliged to make an insurance payment in accordance with the OSAGO Law, it is established that the latter paid insurance compensation under a compulsory insurance contract, then the court needs to establish which of the insurance companies made the payment earlier.

In the event that the insurance indemnity under the compulsory insurance contract was paid earlier than the insurance indemnity under the voluntary property insurance contract, then the subrogation claim of the insurer under the voluntary property insurance contract against the insurer under the compulsory civil liability insurance contract is not subject to satisfaction (paragraph 1 of Article 408 of the Civil Code of the Russian Federation).

In the event that an insurance company under a voluntary property insurance contract paid the amount of insurance compensation earlier than an insurance company under a compulsory insurance contract, the claim may be denied if it is established that the insurance company that received the rights of the beneficiary did not properly notify the insurance company of the tortfeasor damage about the subrogation that has occurred (Article 382 of the Civil Code of the Russian Federation).

Insurance payment

Replacing the insurance payment with the restoration repair of the vehicle is allowed at the choice of the victim, if the damage caused to the vehicle did not lead to its complete destruction (Article 1082 of the Civil Code of the Russian Federation, paragraph 4 of Article 10 of Law No. 4015-I, paragraph 15 of Article 12 of the Law on OSAGO).

28. When harm is caused to the victim, recovery and other expenses are subject to compensation due to the occurrence of the insured event and necessary for the exercise by the victim of the right to receive insurance compensation (for example, the costs of evacuating a vehicle from the scene of a traffic accident, storing a damaged vehicle, delivering the victim to medical facility, restoration of a road sign and/or fence, delivery of repair materials to the scene of a traffic accident, etc.).

Expenses incurred by the injured in connection with the need to restore the right violated as a result of the damage caused by the road traffic accident are subject to compensation by the insurer within the amounts established by Article 7 of the Law on OSAGO (clause 4 of Article 931 of the Civil Code of the Russian Federation, paragraph eight of Article 1, paragraph one of clause 1 article 12 of the OSAGO Law).

Based on the provisions of Article 15 of the Civil Code of the Russian Federation and paragraph two of paragraph 23 of Article 12 of the OSAGO Law in their relationship, only losses exceeding the maximum amount of the insurance amount can be recovered from the tortfeasor on the basis of Chapter 59 of the Civil Code of the Russian Federation.

29. Along with the cost of repairs and spare parts, the real damage resulting from a road traffic accident also includes the lost commodity value, which is a decrease in the value of the vehicle caused by premature deterioration of the marketable (external) appearance of the vehicle and its operational qualities in as a result of a decrease in the strength and durability of individual parts, assemblies and assemblies, connections and protective coatings due to a traffic accident and subsequent repairs.

The lost commodity value is also subject to compensation if the victim chooses a method of compensation for harm in the form of organizing and paying for the restoration repair of a damaged vehicle at the station Maintenance, with which the insurer has concluded a contract for the repair of a vehicle under a compulsory insurance contract.

30. Under a compulsory insurance contract, subject to the provisions of Articles 1 and 12 of the OSAGO Law, not only losses caused as a result of damage to the vehicle, but also damage in the form of loss (damage) of cargo transported in the vehicle of the victim, as well as damage caused property not related to vehicles (in particular, real estate, filling station equipment, road signs and fences, etc.), except as provided for in paragraph 2 of Article 6 of the OSAGO Law.

31. The amount of the insurance amount established by Article 7 of the OSAGO Law applies to contracts concluded starting from October 1, 2014 (subparagraph "b" of paragraph 6 of Article 1 of the Federal Law of July 21, 2014 No. 223-FZ "On Amendments to the federal law"On Compulsory Insurance of Civil Liability of Vehicle Owners" and separate legislative acts Russian Federation"). Under contracts concluded before this date, the maximum amount of insurance payments to victims is 120,000 rubles per victim, and in case of harm to several persons - 160,000 rubles.

It should be borne in mind that under contracts concluded starting from April 1, 2015, the amount of the insurance amount in case of harm to the life or health of the victim will be 500,000 rubles.

32. Under the compulsory insurance contract, the amount of insurance compensation payable to the victim as a result of damage to the vehicle, for insured events that have occurred since October 17, 2014, is determined only in accordance with the Unified Method for Determining the Amount of Expenses for Restoration Repairs in Respect of a Damaged Vehicle, approved by the Regulation of the Central Bank of the Russian Federation of September 19, 2014 No. 432-P (hereinafter referred to as the Methodology).

In cases where the difference between the insurance payment actually made by the insurer and the claims made by the claimant is less than 10 percent, it must be taken into account that, in accordance with clause 3.5 of the Methodology, the discrepancy in the results of calculating the amount of costs for restoration repairs performed by different specialists, formed due to the use of different technological solutions and errors should be recognized as being within the limits of statistical significance.

In case of damage to property not related to vehicles (in particular, real estate, filling station equipment, etc.), the amount of insurance compensation is determined on the basis of an assessment, estimate, etc.

33. In accordance with subparagraph "a" of paragraph 18 and paragraph 19 of Article 12 of the OSAGO Law, the amount of losses subject to compensation by the insurer in the event of the complete loss of the property of the victim is determined by its actual value on the day of the occurrence of the insured event, minus the cost of usable residues, taking into account their depreciation.

34. The provisions of Paragraph 2 of Clause 19 of Article 12 of the OSAGO Law on the maximum amount of depreciation charged on components (parts, assemblies and assemblies) apply to relations between the insurer and the victim arising from compulsory insurance contracts concluded starting from October 1, 2014 , in connection with which the maximum amount of depreciation accrued on components (parts, assemblies and assemblies), under contracts concluded before this date, cannot exceed 80 percent.

35. At the choice of the victim, compensation for damage caused to the vehicle is carried out by organizing and paying for the restoration repair of the damaged vehicle at the service station with which the insurer has concluded a contract for the repair of the vehicle under the contract of compulsory insurance, or by receiving the amount of insurance payment in cash desk of the insurer or transferring the amount of insurance payment to the bank account of the victim (beneficiary) (clause 15 of article 12 of the OSAGO Law).

If the insurer organizes and pays for the restoration repair of a damaged vehicle at a service station, an agreement must be reached between the insurer, the victim and the service station on the terms within which the service station performs the restoration repair of the victim’s vehicle, on the amount of the full cost of the repair. In this case, if the cost of restoring the damaged vehicle is higher than the amount of the insurance payment, the victim pays the service station the difference between the insurance payment and the cost of the restoration repair. In the direction for repair, the agreed amount of the full cost of repairs is indicated, as well as possible size surcharge for the cost of spare parts, determined taking into account the wear and tear of components to be replaced during restoration repairs (clause 17 of article 12 of the OSAGO Law).

Appeal to the insurer with an application for insurance payment in the form of organizing and paying for the restoration of a damaged vehicle at a service station is the realization of the right of the victim to choose the method of compensation for harm. Until the fact of violation of his rights by the service station is established, the victim is not entitled to change the method of compensation for the harm caused.

When the victim chooses a method of compensation for harm in the form of organizing and paying for the restoration repair of a damaged vehicle at a service station with which the insurer has concluded an agreement on the repair of the vehicle, the insurer is not exempt from reimbursement of other expenses due to the occurrence of an insured event and necessary for the exercise of the victim’s right to receive insurance compensation.

The obligations of the insurer to organize and pay for the restoration repair of the victim's vehicle shall be deemed to be duly fulfilled by the insurer from the day the victim receives the repaired vehicle.

Responsibility for the service station’s failure to comply with the deadline for transferring the repaired vehicle to the victim, as well as for the violation of other obligations for the restoration of the victim’s vehicle, is borne by the insurer that issued the referral for repair (paragraphs seven and eight of paragraph 17 of Article 12 of the OSAGO Law).

Other obligations for restoring the vehicle of the injured party, for which the insurer is responsible, should be understood as the proper performance by the technical service station of work on the repair of the vehicle, including their performance to the extent and in accordance with the requirements established in the direction for repair, and in case their absence - the requirements usually imposed on the work of the corresponding kind.

In the event that the service station does not start the restoration repair in a timely manner or performs the repair so slowly that it becomes clearly impossible to complete it by the deadline, the victim has the right to change the method of compensation for damage and demand payment of insurance compensation in the amount necessary to eliminate the deficiencies and complete the restoration repair. Such requirements are presented to the victims in compliance with the rules established by Article 161 of the OSAGO Law.

The victim has the right to present to the insurance organization that issued the referral for refurbishment, requirements to eliminate hidden shortcomings identified by him after receiving the vehicle repaired by the service station. Such requirements are made in compliance with the rules established by Article 161 of the OSAGO Law.

In the event of a violation by the service station of obligations for the restoration of the vehicle of the victim, the insurance organization has the right to demand compensation for losses on the basis of Articles 15 and 393 of the Civil Code of the Russian Federation.

36. The issue of returning to the victim the components (parts, components and assemblies) to be replaced is essential for the correct consideration and resolution of the dispute between the victim and the insurance company on compensation for harm in the form of organizing and paying for the restoration repair of a damaged vehicle at a service station, in in connection with which the court is obliged to bring this issue up for discussion by the parties (Article 56 of the Code of Civil Procedure of the Russian Federation and Article 65 of the Arbitration Procedure Code of the Russian Federation).

In the event of the return to the victim of the components to be replaced (parts, assemblies and assemblies), the amount of the insurance payment is reduced by their value.

If the victim refuses to receive the component parts (parts, components and assemblies) to be replaced, the court is not entitled to impose on the insurer the obligation to return them to the victim.

37. If there are conditions provided for making an insurance payment in the manner of direct compensation for losses, the victim has the right to apply for an insurance payment only to the insurer that insured his civil liability (paragraph 1 of Article 141 and paragraph 1 of Article 12 of the Law on OSAGO).

38. The simplified procedure for registering a road traffic accident is applied if the contracts for compulsory insurance of civil liability of owners of vehicles involved in a road traffic accident have been concluded since August 2, 2014 and are valid until September 30, 2019 inclusive (paragraph 4 of Article 111 of the OSAGO Law) .

If at least one participant in a road traffic accident concluded a contract of compulsory insurance of civil liability of vehicle owners before the specified period, the road traffic accident may be registered without the participation of authorized police officers, when the amount of damage, according to the participants in the road traffic accident, does not exceed 25,000 rubles.

39. Compensation for losses within the limits of the amounts established by Article 111 of the OSAGO Law is a simplified way of fulfilling obligations by the insurer, as a result of which the payment of direct compensation terminates the obligation of the insurer and the tortfeasor for a specific insured event(Clause 1 of Article 408 of the Civil Code of the Russian Federation).
In this regard, the claim of the victim against the insurer and / or the tortfeasor for compensation for damage in excess of the maximum amount of insurance payment under the simplified procedure for registering a traffic accident is not subject to satisfaction, except in cases where the agreement of the participants in the traffic accident on its execution without the participation of authorized police officers was declared invalid by the court.

In any case, the victim has the right to apply to the insurer that insured the liability of the person who caused the harm, with a claim for compensation for harm caused to life and health, which arose after the presentation of a claim for direct compensation for losses and which the victim did not know at the time of the presentation of the claim (paragraph 8 of Article 111 and paragraph 3 of Article 141 of the OSAGO Law).

40. According to paragraphs 5 and 6 of Article 111 of the OSAGO Law, in the event of drawing up documents on a road traffic accident without the participation of authorized police officers, the insurer must be provided with data on the circumstances of causing damage to the vehicle as a result of a road traffic accident, which are recorded using technical means controls that provide uncorrectable recording of information (photo or video filming of vehicles and their damage, as well as data recorded using navigation aids operating using the technologies of the GLONASS or GLONASS system in conjunction with other global satellite navigation systems).

Failure to comply with these requirements is not grounds for refusing to pay insurance compensation, however, the amount of insurance compensation in this case cannot exceed the maximum amount of insurance payment under the simplified procedure for registering a traffic accident.

41. In the event that a traffic accident occurred as a result of interaction (collision) of more than two vehicles (including vehicles with trailers to them), the insurance payment in the form of direct compensation for damage in accordance with Article 141 of the OSAGO Law is not made. An application for insurance payment in connection with causing damage to the property of the victim is sent to the insurer that insured the civil liability of the person who caused the damage (paragraph two of paragraph 1 of Article 12 of the OSAGO Law).

The insurance payment in the form of direct compensation for damage is also not made if the road traffic accident occurred as a result of the interaction (collision) of two vehicles (including vehicles with trailers to them), however, the civil liability of the tortfeasor is not insured under a compulsory insurance contract .

42. An insurance organization has the right to refuse an insurance payment and not accept as sufficient documents on a traffic accident, issued without authorized police officers, if the repair of damaged property or the disposal of its remains, carried out before the inspection by the insurer and / or an independent technical examination , independent examination (assessment) of damaged property, do not allow to reliably establish the existence of an insured event and the amount of losses subject to compensation under a compulsory insurance contract (clause 20 of article 12 of the OSAGO Law).

43. In the event of an insured event, the victim is obliged not only to notify the insurer about this within the time limits established by the Insurance Rules, but also to send the insurer an application for insurance payment and the documents provided for by the Insurance Rules (paragraph 3 of Article 11 of the OSAGO Law), and also submit for inspection a vehicle and/or other damaged property damaged as a result of a traffic accident (paragraph 10 of Article 12 of the OSAGO Law).

The direction of the application for insurance payment and the submission of the necessary documents, the list of which is established by the Insurance Rules, must be carried out in ways that ensure the fixation of their direction and receipt by the addressee.

The twenty-day period for the insurance company to make a decision on the application of the victim on the insurance payment is calculated from the date of submission of the documents provided for in paragraph 3.10 of the Rules of Insurance.
The insurer is not entitled to demand from the victim documents that are not provided for by the Insurance Rules (paragraph seven of clause 1 of article 12 of the OSAGO Law).

If the documents confirming the fact of the occurrence of the insured event and the amount of damage to be compensated by the insurer are insufficient, the insurer, within three working days from the date of their receipt by mail, and in case of personal contact with the insurer on the day of applying for an insurance payment or direct compensation for losses, is obliged to inform about this to the victim, indicating the full list of missing and / or incorrectly executed documents (paragraph five of paragraph 1 of article 12 of the OSAGO Law).

If the victims are presented with documents that do not contain the information necessary for the payment of insurance compensation, including at the request of the insurer, then the insurance company is exempt from paying a penalty, financial sanction, fine and compensation for moral damage (clause 3 of Article 405 of the Civil Code of the Russian Federation).

44. The twenty-day period for consideration by the insurer of the victim's application for an insured event, provided for in paragraph 21 of Article 12 of the OSAGO Law, shall apply to relations between the insurer and the victim arising from compulsory civil liability insurance contracts of vehicle owners concluded starting from September 1, 2014.

45. Under the compulsory insurance contract, the insured is the risk of civil liability in the operation of a particular vehicle, therefore, in the event of an insured event, both due to the actions of the insured and due to the actions of another person using the vehicle, the insurer is not exempted from paying insurance compensation (preamble, paragraph 2 of Article 6 and subparagraphs "c" and "e" of paragraph 1 of Article 14 of the Law on OSAGO).

46. Presentation by the insured, when concluding a compulsory insurance contract, of knowingly false information provided for in Article 15 of the Law on OSAGO, is not a basis for refusing an insurance payment by an insurance company. The insurer has the right to demand that such an insurance contract be declared invalid on the basis of Articles 178 and 179 of the Civil Code of the Russian Federation.

47. Failure to submit a damaged vehicle or other damaged property for inspection and / or for an independent technical examination, independent examination (assessment) or the performance of their repair or disposal before the organization of the inspection by the insurer does not entail an unconditional refusal to pay insurance compensation to the victim (in full or in part). ). Such a refusal can take place only if the insurer took appropriate measures to organize an inspection of the damaged vehicle (valuation of other property), but the victim evaded it, and the absence of an inspection (assessment) did not allow to reliably establish the existence of an insured event and the amount of losses subject to compensation (paragraph 20 of article 12 of the Law on OSAGO).

48. If, based on the results of the inspection of damaged property carried out by the insurer, the insurer and the victim have reached an agreement on the amount of insurance payment and do not insist on organizing an independent technical examination of the vehicle or an independent examination (valuation) of damaged property, such an examination, by virtue of paragraph 12 of Article 12 of the Law OSAGO may not be carried out.

When concluding an agreement on the settlement of an insured event without an independent technical examination of the vehicle or an independent examination (assessment) of the damaged property, the victim and the insurer agree on the amount, procedure and terms of the insurance indemnity payable to the victim. After the insurer makes the agreed insurance payment, its obligation is considered to be fulfilled in full and properly, which terminates the corresponding obligation of the insurer (paragraph 1 of Article 408 of the Civil Code of the Russian Federation).

The conclusion of an agreement with the insurer on the settlement of an insured event without an independent technical examination of the vehicle or an independent examination (valuation) of damaged property is the realization of the right of the victim to receive insurance compensation, as a result of which, after the insurer fulfills the obligation to pay insurance in the amount agreed by the parties, the grounds for recovery there are no additional losses. At the same time, if there are grounds for recognizing the specified agreement as invalid, the victim has the right to apply to the court with a claim to challenge such an agreement and to recover the amount of insurance compensation.

49. The obligation to insure civil liability does not apply to trailers owned by citizens. cars(subparagraph "e" of paragraph 3 of Article 4 of the Law on OSAGO). At the same time, the obligation to insure civil liability legal entities and citizens - owners of trailers for freight transport from September 1, 2014, is carried out by concluding a compulsory insurance contract that provides for the possibility of driving a vehicle with a trailer to it, information about which is entered in the compulsory insurance policy (clause 7 of article 4 of the OSAGO Law).

From October 1, 2014, i.e. from the date of the introduction of the limits approved by the Bank of Russia for the base rates of insurance rates and coefficients of insurance rates, requirements for the structure of insurance rates, as well as the procedure for their application by insurers when determining the insurance premium for compulsory insurance of civil liability of vehicle owners, damage resulting from a road traffic accidents during the joint operation of a tractor and a trailer as part of a road train is considered to be caused by one vehicle (tractor), and therefore the maximum insurance payment may not exceed the sum insured under one insurance contract, including if the tractor and trailer are owned by different persons.

It should be taken into account that the absence in the policy of compulsory insurance of a mark on the operation of a vehicle with a trailer, the presence of which is provided for by paragraph 7 of Article 4 of the Law on OSAGO, cannot serve as a basis for refusing an insurance company to make an insurance payment. At the same time, in relation to subparagraph "c" of paragraph 1 of Article 14 of the Law on OSAGO, the insurer in this case has the right of recourse to the insured - the cause of harm.

50. The victim has the right to apply to the court with a claim against the insurance company for the payment of insurance compensation after receiving the response of the insurance company to the claim or after the expiration of the five-day period established by paragraph 1 of Article 161 of the OSAGO Law for consideration by the insurer of a pre-trial claim, except for cases of extension of the period provided for paragraph 11 of Article 12 of the Law on OSAGO.

51. When resolving a dispute on insurance payment in court, the victim is obliged to prove the existence of an insured event and the amount of losses (Article 56 of the Code of Civil Procedure of the Russian Federation and Article 65 of the Arbitration Procedure Code of the Russian Federation).

Measures of responsibility of the insurer for violation of the terms of payment of insurance compensation

When establishing the fact of abuse by the injured right, the court refuses to satisfy claims for the recovery of a penalty, financial sanction, fine and compensation for moral damage from the insurer (Articles 1 and 10 of the Civil Code of the Russian Federation).

53. When filing claims to the court for the recovery of insurance compensation, forfeit and / or financial sanction at the same time, the mandatory pre-trial procedure for settling the dispute is considered to be complied with even if the conditions provided for in paragraph 1 of Article 161 of the OSAGO Law are met by the plaintiff only in relation to the claim for insurance payment.

Compliance with the obligatory pre-trial dispute settlement procedure provided for in paragraph four of clause 21 of Article 12 of the OSAGO Law in order to go to court with claims for the recovery of a penalty and / or financial sanction is mandatory if the court decision that has entered into legal force has considered the claim for payment of insurance compensation, and the claims for the claimant did not claim the recovery of a penalty and a financial sanction.

54. The amount of the financial sanction for non-compliance with the deadline for sending a reasoned refusal to the victim in the insurance payment is determined in the amount of 0.05 percent for each day of delay from the maximum insurance amount for the type of harm caused to each victim, established by Article 7 of the Law on OSAGO (paragraph three of paragraph 21 of Article 12 OSAGO Law).

The financial sanction is calculated from the day following the day set for making a decision on the payment of insurance compensation, and until the day a reasoned refusal is sent to the victim, and if it is not sent, until the day it is awarded by the court.

55. The amount of the penalty for non-compliance with the deadline for making an insurance payment or compensation for damages in kind is determined in the amount of 1 percent for each day of delay from the amount of insurance compensation payable to the victim in a specific insured event, minus the amounts paid by the insurance company on a voluntary basis in the terms established by Article 12 of the OSAGO Law (paragraph two of paragraph 21 of Article 12 of the OSAGO Law).

The penalty is calculated from the day following the day set for making a decision on the payment of insurance compensation, and until the day the insurer actually fulfills the obligation under the contract.

56. Responsibility for non-fulfillment, improper fulfillment of obligations for the restoration repair of a damaged vehicle, including for violation of the terms of such repair, shall be borne by the insurer (clause 17 of article 12 of the OSAGO Law).

The penalty for violating the deadline for issuing a referral for refurbishment or for violating the deadline for such repairs is calculated from the amount of the insurance payment determined in accordance with Article 12 of the OSAGO Law.

57. The collection of a penalty along with a financial sanction is carried out in the event that the insurer violates both the deadline for sending a reasoned refusal to the victim in the insurance payment, and the deadline for making the insurance payment or compensation for damage in kind.

It should be borne in mind that paragraph 6 of Article 161 of the OSAGO Law establishes a limit on the total amount of penalties and financial sanctions collected by the court only in relation to the victim - individual.

58. The insurer shall be released from the obligation to pay a penalty, the amount of a financial sanction and / or a fine if its obligations are fulfilled by it in the manner and within the time limits established by the OSAGO Law, and also if the insurer proves that the violation of the terms occurred due to force majeure or due to guilty actions (inaction) of the victim (paragraph 5 of Article 161 of the Law on OSAGO).

59. Within the meaning of paragraph 7 of Article 161 of the OSAGO Law, no other penalty, the amount of a financial sanction, a fine not provided for by the OSAGO Law can be recovered from the insurer.

60. The provisions of paragraph 3 of Article 161 of the OSAGO Law on a fine for non-compliance with the claims of the victim on a voluntary basis shall apply if the insured event occurred on September 1, 2014 or later. Disputes arising from insured events that occurred before September 1, 2014 are subject to the provisions of paragraph 6 of Article 13 of the Consumer Rights Protection Law.

61. When the court satisfies the claims of the victim, the court simultaneously collects from the defendant a fine for non-compliance with the claims on a voluntary basis, regardless of whether such a claim was made to the court (paragraph 3 of Article 161 of the OSAGO Law). If such a requirement is not stated, the court raises the issue of collecting a fine for discussion by the parties (Part 2 of Article 56 of the Code of Civil Procedure of the Russian Federation).

If the decision to collect a fine from the insurer is not made by the court, the court has the right, in accordance with the procedure established by Article 201 of the Code of Civil Procedure of the Russian Federation and Article 178 of the Arbitration Procedure Code of the Russian Federation, to issue additional solution. The absence in the court decision of an indication of the collection of a fine may also serve as a basis for the court of appeal or cassation to change the decision when considering the relevant complaint (Articles 330, 387 of the Code of Civil Procedure of the Russian Federation).

62. A fine for failure to voluntarily comply with the requirements of the victim, based on the provisions of paragraph five of Article 1 and paragraph 3 of Article 161 of the OSAGO Law, is collected in favor of the individual - the victim.
If the court satisfies the claims made by public associations of consumers (their associations, unions) or local governments in defense of the rights and legitimate interests of a particular victim - the consumer, fifty percent of the amount of the fine determined by the court is collected by analogy with paragraph 6 of Article 13 of the Law on the Protection of Consumer Rights in the benefit of said associations or bodies, whether or not they have made such a claim.

If the court satisfies the claims of legal entities, the said fine shall not be collected.

63. The presence of a court dispute on the recovery of insurance compensation indicates the insurer's failure to fulfill the obligation to pay it voluntarily, and therefore the satisfaction of the claims of the victim during the period of consideration of the dispute in court does not relieve the insurer from paying a fine.

64. The amount of the fine for non-compliance with the requirements of the victim on a voluntary basis is determined in the amount of fifty percent of the difference between the amount of insurance compensation payable to the victim in a specific insured event and the amount of insurance payment made by the insurer on a voluntary basis. At the same time, the amount of the penalty (penalty), financial sanction, monetary compensation for moral damage, as well as other amounts that are not part of the insurance payment, are not taken into account when calculating the amount of the fine (clause 3 of article 161 of the OSAGO Law).

65. The application of Article 333 of the Civil Code of the Russian Federation on the reduction of a penalty by a court is possible only in exceptional cases when the penalty, financial sanction and fine payable are clearly disproportionate to the consequences of the violated obligation. Reducing the penalty, financial sanction and fine is allowed only at the request of the defendant. The decision must indicate the reasons why the court believes that a reduction in their size is permissible.

66. The forfeit, financial sanction and fine provided for by the OSAGO Law also apply to the professional association of insurers (paragraph three of paragraph 1 of Article 19 of the OSAGO Law).

In order to ensure the uniformity of the practice of application by the courts of the legislation governing relations in the field of compulsory insurance of civil liability of vehicle owners, and also taking into account the issues that arise with the courts when considering this category of cases, the Plenum of the Supreme Court of the Russian Federation, guided by Article 126 of the Constitution of the Russian Federation, Articles 2, 5 of the Federal Constitutional Law of February 5, 2014 N 3-FKZ "On the Supreme Court of the Russian Federation", decides to give the following clarifications.

Legal regulation of relations on compulsory civil liability insurance of vehicle owners

1. Relations on compulsory insurance of civil liability of vehicle owners are governed by the norms of Chapter 48 "Insurance" of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), Federal Law of April 25, 2002 N 40-FZ "On Compulsory Insurance of Civil Liability of Vehicle Owners" (hereinafter - the Law on OSAGO), Law of the Russian Federation of November 27, 1992 N 4015-I "On the organization of insurance business in the Russian Federation" (hereinafter - Law N 4015-I), Law of the Russian Federation of February 7, 1992 N 2300- I "On Protection of Consumer Rights" (hereinafter referred to as the Law on Consumer Rights Protection) to the extent not regulated by special laws, as well as the Rules for Compulsory Insurance of Civil Liability of Vehicle Owners, approved by Regulations of the Central Bank of the Russian Federation of September 19, 2014 N 431-P (hereinafter referred to as the Insurance Rules), and other regulatory legal acts of the Russian Federation.

Relations arising between the victim and the professional association of insurers in connection with compensation payments are not covered by the Law on the Protection of Consumer Rights.

Procedural features of consideration of cases on compulsory civil liability insurance of vehicle owners

a) cases on property disputes (for example, in the event of a claim for the recovery of an insurance payment) with a claim value not exceeding fifty thousand rubles on the date of filing an application, are within the jurisdiction of a justice of the peace (clause 5 of part 1 of article 23 of the Code of Civil Procedure of the Russian Federation);

b) cases on property disputes with a claim value exceeding fifty thousand rubles on the day of filing an application, as well as cases on claims that are not subject to assessment (for example, on violation of the consumer's right to reliable information), are within the jurisdiction of the district court (Article 24 of the Code of Civil Procedure of the Russian Federation).

4. Cases on disputes arising from a contract of compulsory insurance of civil liability of vehicle owners and related to the implementation of entrepreneurial and other economic activities by legal entities and individual entrepreneurs are subject to consideration by an arbitration court (part 1 of Article 27, Article 28 of the Arbitration Procedure Code of the Russian Federation (hereinafter - APK RF).

At the same time, claims for disputes on the protection of the rights of a consumer who is an insured, a beneficiary under a contract of compulsory civil liability insurance of vehicle owners may also be brought to court at the place of residence or at the place of stay of the plaintiff or at the place of conclusion or place of execution of the contract (Article 28 and part 7 of article 29 of the Code of Civil Procedure of the Russian Federation).

Claims in disputes related to compensation payments are subject to consideration according to the general rules of territorial jurisdiction - at the location of a professional association of insurers or at the location of its branch or representative office.

7. Paragraph four of paragraph 21 of Article 12, paragraph two of paragraph 1 of Article 16 and paragraph 3 of Article 19 of the OSAGO Law from September 1, 2014 provide for a mandatory pre-trial dispute settlement procedure.

The provisions on the mandatory pre-trial dispute settlement procedure provided for in paragraph two of paragraph 1 of Article 16 of the OSAGO Law shall be applied if the insured event occurred after September 1, 2014.

8. The victim has the right to file a claim from the day when he knew or should have known about the insurer's refusal to pay the insurance indemnity or about its payment by the insurer not in full, or from the day following the expiration of the twenty-day period, with the exception of non-working holidays, from the day of filing an application for insurance payment with the submission of all necessary documents for the decision to be made by the insurer (clause 21 of article 12 of the OSAGO Law).

Non-working holidays are determined in accordance with Article 112 of the Labor Code of the Russian Federation.

9. The judge returns the statement of claim in case of non-compliance with the mandatory pre-trial procedure for resolving the dispute when the victims bring a claim against the insurance company or simultaneously against the insurance company and the tortfeasor (Article 135 of the Code of Civil Procedure of the Russian Federation).

The rules on the obligatory pre-trial procedure for settling a dispute are also applied in the event that the defendant - the tortfeasor is replaced by an insurance company.

Limitation of actions

Contract of compulsory insurance of civil liability of vehicle owners

13. Compulsory insurance contract must comply with the OSAGO Law and the Insurance Rules in force at the time of its conclusion. Changing the provisions of the Law on OSAGO, the Rules of Insurance after the conclusion of the contract does not entail changes in the provisions of the contract (in particular, on the procedure for execution, terms of validity, essential conditions), except in cases where the law applies to relations arising from previously concluded contracts (paragraphs 1 and 2 article 422 of the Civil Code of the Russian Federation).

The contract of compulsory insurance is public, is concluded on the terms provided for by the Law on OSAGO and other legal acts adopted for the purpose of its implementation.

15. The issuance of an insurance policy is evidence confirming the conclusion of a compulsory civil liability insurance contract, until proven otherwise.

Incomplete and / or untimely transfer to the insurer of the insurance premium received by an insurance broker or insurance agent, unauthorized use of compulsory insurance policy forms do not release the insurer from the execution of the compulsory insurance contract (clause 7 of article 15 of the OSAGO Law).

In case of theft of mandatory insurance policy forms, the insurance company is exempted from paying insurance compensation only on the condition that before the date of the insured event, the insurer, insurance broker or insurance agent applied to the authorized bodies with a statement about the theft of forms (paragraph 7 of Article 15 of the OSAGO Law) .

The operation of equipment installed on a vehicle and not directly related to the participation of the vehicle in road traffic (for example, a turntable of a truck crane, a concrete mixer, unloading mechanisms, a manipulator boom, an advertising structure on a car) is not the use of a vehicle (paragraph two of Article 1 of the OSAGO Law).

If the damage caused as a result of a road traffic accident is compensated not by the insurance organization of the tortfeasor (or in the case of direct compensation for losses - by the insurance organization of the victim), but by another person, then the person who compensated for the damage has the right to compensation for losses.

The person who compensated the injured person (the inflictor of harm, the insurance company that paid insurance compensation under a voluntary property insurance contract, any other person, except for the insurance company of the tortfeasor or the insurance company of the victim), has the right to claim against the insurer that insured the civil liability of the victim only in cases allowing direct compensation for losses (Article 14 of the OSAGO Law). In other cases, such a requirement is presented to the insurer who has insured the civil liability of the tortfeasor.

The transfer of the rights of the victim (beneficiary) under the compulsory insurance contract is allowed only from the moment of the occurrence of the insured event.

21. If it is impossible to establish the guilt of the insured person in the occurrence of an insured event or determine the degree of guilt of each of the drivers participating in the road accident from the documents drawn up by the police officers, the person who applied for the insurance payment shall not be deprived of the right to receive it.

In this case, insurance organizations make insurance payments in equal shares of the amount of damage suffered by each (paragraph four of paragraph 22 of article 12 of the OSAGO Law).

22. The right of the original creditor passes to the new creditor to the extent and on the terms that existed at the time of transfer of the right, including the rights associated with the main claim, including the right to claim against the insurer obliged to pay the insurance payment in accordance with the OSAGO Law , payment of a penalty, the amount of a financial sanction and a fine (paragraph 1 of Article 384 of the Civil Code of the Russian Federation, paragraphs two and three of paragraph 21 of Article 12, paragraph 3 of Article 16 of the Law on OSAGO). The right to demand the collection of a fine from the insurer, provided for in paragraph 3 of Article 16 of the OSAGO Law, cannot be transferred to a legal entity until the court makes a decision on its collection.

23. An agreement on the assignment of the right to an insurance payment is recognized as concluded if the subject of the agreement is definable, i.e. it is possible to establish in respect of which right (from which contract) the assignment has been made. At the same time, the absence in the contract of indicating the exact amount of the assigned right of claim is not a basis for recognizing the contract as not concluded (clause 1 of article 307, clause 1 of article 432, clause 1 of article 384 of the Civil Code of the Russian Federation).

Insurance payment

Replacing the insurance payment with the restoration repair of the vehicle is allowed at the choice of the victim, if the damage caused to the vehicle did not lead to its complete destruction (Article 1082 of the Civil Code of the Russian Federation, paragraph 4 of Article 10 of Law N 4015-I, paragraph 15 of Article 12 of the Law on OSAGO).

29. Along with the cost of repairs and spare parts, the real damage resulting from a road traffic accident also includes the lost commodity value, which is a decrease in the value of the vehicle caused by premature deterioration of the marketable (external) appearance of the vehicle and its operational qualities in as a result of a decrease in the strength and durability of individual parts, assemblies and assemblies, joints and protective coatings due to a traffic accident and subsequent repairs.

The lost commodity value is also subject to compensation if the victim chooses a method of compensation for damage in the form of organizing and paying for the restoration repair of a damaged vehicle at a service station with which the insurer has concluded an agreement on the repair of a vehicle under a compulsory insurance contract.

31. The amount of the insurance amount established by Article 7 of the OSAGO Law applies to contracts concluded starting from October 1, 2014 (subparagraph "b" of paragraph 6 of Article 1 of the Federal Law of July 21, 2014 N 223-FZ "On Amendments to the Federal law "On Compulsory Insurance of Civil Liability of Vehicle Owners" and certain legislative acts of the Russian Federation). Under contracts concluded before this date, the maximum amount of insurance payments to victims is 120,000 rubles per victim, and in case of harm to several persons - 160,000 rubles.

It should be borne in mind that under contracts concluded starting from April 1, 2015, the amount of the insurance amount in case of harm to the life or health of the victim will be 500,000 rubles.

In cases where the difference between the insurance payment actually made by the insurer and the claims made by the claimant is less than 10 percent, it must be taken into account that, in accordance with paragraph 3.5 of the Methodology, the discrepancy in the results of calculating the amount of costs for restoration repairs performed by different specialists, formed through the use of various technological decisions and errors should be recognized as being within the limits of statistical significance.

If the insurer organizes and pays for the restoration repair of a damaged vehicle at a service station, an agreement must be reached between the insurer, the victim and the service station on the terms within which the service station performs the restoration repair of the victim’s vehicle, on the amount of the full cost of the repair. In this case, if the cost of restoring the damaged vehicle is higher than the amount of the insurance payment, the victim pays the service station the difference between the insurance payment and the cost of the restoration repair. In the direction for repair, the agreed amount of the full cost of the repair is indicated, as well as the possible amount of the surcharge for the cost of spare parts, determined taking into account the wear and tear of components to be replaced during restoration repairs (clause 17 of article 12 of the OSAGO Law).

In the event of the return to the victim of the components to be replaced (parts, assemblies and assemblies), the amount of the insurance payment is reduced by their value.

If the victim refuses to receive the component parts (parts, components and assemblies) to be replaced, the court is not entitled to impose on the insurer the obligation to return them to the victim.

37. If there are conditions provided for the implementation of an insurance payment in the manner of direct compensation for losses, the victim has the right to apply for an insurance payment only to the insurer that insured his civil liability (clause 1 of article 14 and clause 1 of article 12 of the OSAGO Law).

39. Compensation for losses within the amounts established by Article 11 of the OSAGO Law is a simplified way of fulfilling obligations by the insurer, as a result of which the payment of direct compensation terminates the obligation of the insurer and the tortfeasor in a specific insured event (paragraph 1 of Article 408 of the Civil Code of the Russian Federation).

In this regard, the claim of the victim against the insurer and / or the tortfeasor for compensation for damage in excess of the maximum amount of insurance payment under the simplified procedure for registering a traffic accident is not subject to satisfaction, except in cases where the agreement of the participants in the traffic accident on its execution without the participation of authorized police officers was declared invalid by the court.

40. According to paragraphs 5 and 6 of Article 11 of the OSAGO Law, in the event of drawing up documents on a road traffic accident without the participation of authorized police officers, the insurer must be provided with data on the circumstances of causing damage to the vehicle as a result of a road traffic accident, which are recorded using technical means of control that provide uncorrectable recording of information (photo or video filming of vehicles and their damage, as well as data recorded using navigation aids operating using the technologies of the GLONASS or GLONASS system in conjunction with other global satellite navigation systems).

41. In the event that a traffic accident occurred as a result of interaction (collision) of more than two vehicles (including vehicles with trailers to them), the insurance payment in the form of direct compensation for damage in accordance with Article 14 of the OSAGO Law is not made. An application for insurance payment in connection with causing damage to the property of the victim is sent to the insurer that insured the civil liability of the person who caused the damage (paragraph two of paragraph 1 of Article 12 of the OSAGO Law).

The insurer is not entitled to demand from the victim documents that are not provided for by the Insurance Rules (paragraph seven of clause 1 of article 12 of the OSAGO Law).

49. The obligation to insure civil liability does not apply to car trailers owned by citizens (subparagraph "e" of paragraph 3 of Article 4 of the OSAGO Law). At the same time, the obligation to insure the civil liability of legal entities and citizens - owners of trailers for freight transport from September 1, 2014 is fulfilled by concluding a compulsory insurance contract providing for the possibility of driving a vehicle with a trailer to it, information about which is entered in the compulsory insurance policy (paragraph 7 article 4 of the Law on OSAGO).

From October 1, 2014, i.e. from the date of the introduction of the limits approved by the Bank of Russia for the base rates of insurance rates and coefficients of insurance rates, requirements for the structure of insurance rates, as well as the procedure for their application by insurers when determining the insurance premium for compulsory insurance of civil liability of vehicle owners, damage resulting from a road traffic an accident during the joint operation of a tractor and a trailer as part of a road train is considered to be caused by one vehicle (tractor), and therefore the maximum insurance payment cannot exceed the sum insured under one insurance contract, including if the owners of the tractor and trailer are different faces.

It should be taken into account that the absence in the policy of compulsory insurance of a mark on the operation of a vehicle with a trailer, the presence of which is provided for by paragraph 7 of Article 4 of the Law on OSAGO, cannot serve as a basis for refusing an insurance company to make an insurance payment. At the same time, with regard to subparagraph "c" of paragraph 1 of Article 14 of the OSAGO Law, the insurer in this case has the right of recourse to the insured - the cause of harm.

50. The victim has the right to apply to the court with a claim against the insurance company for the payment of insurance compensation after receiving the response of the insurance company to the claim or after the expiration of the five-day period established by paragraph 1 of Article 16 of the OSAGO Law for consideration by the insurer of a pre-trial claim, except for cases of extension of the period provided for paragraph 11 of Article 12 of the Law on OSAGO.

Measures of responsibility of the insurer for violation of the terms of payment of insurance compensation

53. When filing claims to the court for the recovery of insurance compensation, forfeit and / or financial sanctions at the same time, the mandatory pre-trial procedure for settling the dispute is considered to be complied with even if the conditions provided for in paragraph 1 of Article 16 of the OSAGO Law are met by the plaintiff only in relation to the claim for insurance payment.

It should be borne in mind that paragraph 6 of Article 16 of the OSAGO Law establishes a limit on the total amount of penalties and financial sanctions collected by the court only in relation to the victim - an individual.

59. Within the meaning of paragraph 7 of Article 16 of the OSAGO Law, no other penalty, the amount of a financial sanction, a fine not provided for by the OSAGO Law can be recovered from the insurer.

60. The provisions of paragraph 3 of Article 16 of the OSAGO Law on a fine for non-compliance with the claims of the victim on a voluntary basis shall apply if the insured event occurred on September 1, 2014 or later. Disputes arising from insured events that occurred before September 1, 2014 are subject to the provisions of paragraph 6 of Article 13 of the Consumer Rights Protection Law.

61. When the court satisfies the claims of the victim, the court simultaneously collects from the defendant a fine for failure to voluntarily comply with the claims, regardless of whether such a claim was made to the court (paragraph 3 of Article 16 of the OSAGO Law). If such a requirement is not stated, the court raises the issue of collecting a fine for discussion by the parties (Part 2 of Article 56 of the Code of Civil Procedure of the Russian Federation).

If the decision to collect a fine from the insurer is not made by the court, the court has the right, in accordance with the procedure established by Article 201 of the Code of Civil Procedure of the Russian Federation and Article 178 of the Arbitration Procedure Code of the Russian Federation, to make an additional decision. The absence in the court decision of an indication of the collection of a fine may also serve as a basis for the court of appeal or cassation to change the decision when considering the relevant complaint (Articles 330, 387 of the Code of Civil Procedure of the Russian Federation).

62. A fine for failure to voluntarily comply with the requirements of the victim, based on the provisions of paragraph five of Article 1 and paragraph 3 of Article 16 of the OSAGO Law, is collected in favor of the individual victim.

If the court satisfies the claims filed by public associations of consumers (their associations, unions) or local authorities in defense of the rights and legitimate interests of a particular victim - the consumer, fifty percent of the amount of the fine determined by the court is recovered by analogy with paragraph 6 of Article 13 of the Law on the Protection of Consumer Rights in the benefit of said associations or bodies, whether or not they have made such a claim.

If the court satisfies the claims of legal entities, the said fine shall not be collected.

64. The amount of the fine for non-fulfillment of the requirements of the victim on a voluntary basis is determined in the amount of fifty percent of the difference between the amount of insurance compensation payable to the victim in a specific insured event and the amount of insurance payment made by the insurer on a voluntary basis. At the same time, the amounts of the penalty (penalty), financial sanction, monetary compensation for moral damage, as well as other amounts that are not part of the insurance payment, are not taken into account when calculating the amount of the fine (paragraph 3 of Article 16 of the OSAGO Law).

66. The forfeit, financial sanction and fine provided for by the OSAGO Law also apply to the professional association of insurers (paragraph three of paragraph 1 of Article 19 of the OSAGO Law).

Chairman of the Supreme Court of the Russian Federation

V. Lebedev

Secretary of the Plenum

Supreme Court judge

Russian Federation

PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT APPLICATION THE COURTS OF THE LEGISLATION ON COMPULSORY INSURANCECIVIL LIABILITY OF VEHICLE OWNERS

In order to ensure the uniformity of the practice of application by the courts of the legislation governing relations in the field of compulsory insurance of civil liability of vehicle owners, and also taking into account the issues that arise with the courts when considering this category of cases, the Plenum of the Supreme Court of the Russian Federation, guided by Article 126 of the Constitution of the Russian Federation, Articles 2, 5 of the Federal Constitutional Law of February 5, 2014 No. 3-FKZ "On the Supreme Court of the Russian Federation", decides to give the following clarifications.

Legal regulation of relations on mandatory owner's liability insurance Vehicle

1. Relations on compulsory civil liability insurance of vehicle owners are regulated by the norms (hereinafter referred to as the Civil Code of the Russian Federation), (hereinafter referred to as the Law on OSAGO), Law of the Russian Federation dated November 27, 1992 No. 4015-1 "On the organization of insurance business in the Russian Federation" ( hereinafter referred to as Law No. 4015-1), (hereinafter referred to as the Consumer Rights Protection Law) to the extent not regulated by special laws, as well as approved by the Regulation of the Central Bank of the Russian Federation dated September 19, 2014 No. 431-P (hereinafter referred to as the Insurance Rules), and other regulatory legal acts of the Russian Federation.
2. The Law on the Protection of Consumer Rights applies to relations arising from the contract of compulsory civil liability insurance of vehicle owners in cases where insurance is carried out exclusively for personal, family, household, domestic and other needs not related to entrepreneurial and other economic activities. . Relations arising between the victim and the professional association of insurers in connection with compensation payments are not covered by the Law on the Protection of Consumer Rights.

Procedural features of the consideration of cases on compulsory civil liability insurance vehicle owners

3. Cases on disputes arising from the contract of compulsory civil liability insurance of vehicle owners (citizens, organizations, state authorities, local authorities) and not related to their entrepreneurial and other economic activities, are subject to consideration by courts of general jurisdiction (clause 1 of part 1 and part 3 of Article 22 of the Civil Procedure Code of the Russian Federation (hereinafter referred to as the Code of Civil Procedure of the Russian Federation). When determining the jurisdiction of a dispute related to compulsory insurance, the consideration of which falls within the competence of the courts of general jurisdiction, the courts should be guided by the general rules established by Articles 23 and 24 of the Code of Civil Procedure of the Russian Federation:
a) cases on property disputes (for example, in the event of a claim for the recovery of an insurance payment) with a claim value not exceeding fifty thousand rubles on the date of filing an application, are within the jurisdiction of a justice of the peace (clause 5 of part 1 of article 23 of the Code of Civil Procedure of the Russian Federation);
b) cases on property disputes with a claim value exceeding fifty thousand rubles on the day of filing an application, as well as cases on claims that are not subject to assessment (for example, on violation of the consumer's right to reliable information), are within the jurisdiction of the district court (Article 24 of the Code of Civil Procedure of the Russian Federation). If, simultaneously with a claim of a property nature, within the jurisdiction of a justice of the peace, a derivative claim for compensation for moral damage is filed, such cases are within the jurisdiction of a justice of the peace. If, upon filing a counterclaim, new claims are within the jurisdiction of the district court, all claims are subject to consideration in the district court. In this case, the justice of the peace issues a ruling on the transfer of the case to the district court (Part 3 of Article 23 of the Code of Civil Procedure of the Russian Federation).
4. Cases on disputes arising from a contract of compulsory insurance of civil liability of vehicle owners and related to the implementation of entrepreneurial and other economic activities by legal entities and individual entrepreneurs are subject to consideration by an arbitration court (part 1 of Article 27, Article 28 of the Arbitration Procedure Code of the Russian Federation (hereinafter - APK RF).
5. Cases in disputes related to compulsory civil liability insurance of vehicle owners are considered according to the general rule of territorial jurisdiction at the location of the defendant (Article 28 of the Code of Civil Procedure of the Russian Federation, Article 35 of the Arbitration Procedure Code of the Russian Federation). A claim against an insurance company may also be brought at the location of the branch or representative office that concluded the compulsory insurance contract, or at the location of the branch or representative office that accepted the application for the implementation of the insurance payment (Part 2 of Article 29 of the Code of Civil Procedure of the Russian Federation and Part 5 of Article 36 of the APC of the Russian Federation). At the same time, claims in disputes on the protection of the rights of a consumer who is an insured, a beneficiary under a contract of compulsory civil liability insurance of vehicle owners may also be brought to court at the place of residence or at the place of stay of the plaintiff or at the place of conclusion or place of execution of the contract (Article 28 and part 7 article 29 Code of Civil Procedure of the Russian Federation). Claims in disputes related to compensation payments are subject to consideration according to the general rules of territorial jurisdiction - at the location of a professional association of insurers or at the location of its branch or representative office.
6. When the victims bring a claim directly against the tortfeasor, the court, by virtue of Part 3 of Article 40 of the Code of Civil Procedure of the Russian Federation and Part 6 of Article 46 of the Arbitration Procedure Code of the Russian Federation, is obliged to involve an insurance company in the case as a defendant, to which, in accordance with the law, the victim has the right to apply for insurance payment or direct indemnification
7. Paragraph four of paragraph 21 of Article 12, paragraph two of paragraph 1 of Article 16.1 and paragraph 3 of Article 19 from September 1, 2014 provide for a mandatory pre-trial dispute settlement procedure. The provisions on the mandatory pre-trial dispute settlement procedure provided for in paragraph two of paragraph 1 of Article 16.1 shall be applied if the insured event occurred after September 1, 2014. The rules on the mandatory pre-trial dispute settlement procedure are also applied in the event of a claim being filed against a professional association of insurers for the recovery of compensation payments.
8. The victim has the right to file a claim from the day when he learned or should have known about the insurer's refusal to pay insurance compensation or about the payment of it by the insurer not in full, or from the day following the expiration of the twenty-day period, with the exception of non-working holidays, from the day of filing an application for insurance payment with the submission of all necessary documents for a decision by the insurer Non-working holidays are determined in accordance with Article 112 of the Labor Code of the Russian Federation.
9. The judge returns the statement of claim in case of non-compliance with the mandatory pre-trial procedure for resolving the dispute when the victims bring a claim against the insurance company or simultaneously against the insurance company and the tortfeasor (Article 135 of the Code of Civil Procedure of the Russian Federation). In cases where this circumstance is established during the consideration of the case or when an insurance company is involved as a defendant, claims against both the insurer and the tortfeasor are subject to dismissal on the basis of paragraph two of Article 222 of the Code of Civil Procedure of the Russian Federation and clause 2 of Part 1 of Article 148 of the Arbitration Procedure Code of the Russian Federation. The rules on the obligatory pre-trial procedure for settling a dispute are also applied in the event that the defendant - the tortfeasor is replaced by an insurance company.

Limitation of actions

10. The courts must take into account that the limitation period for disputes arising from legal relations on compulsory insurance of the risk of civil liability in accordance with paragraph 2 of Article 966 of the Civil Code of the Russian Federation is three years and is calculated from the day when the victim (beneficiary) learned or should have known about the refusal the insurer in the payment of insurance indemnity or on its payment by the insurer not in full, or from the day following the day set for making a decision on the payment of insurance indemnity (issuance of a referral for the repair of a vehicle), provided for in paragraphs 17 and 21 of Article 12 or the contract.
11. The change of persons in the obligation (in particular, in the event of subrogation, assignment of the right to claim) for the claims that the new creditor has against the person liable for losses caused as a result of a traffic accident does not entail a change in the course of the general (three-year) period statute of limitations and the procedure for its calculation
12. The grounds for interrupting the running of the limitation period may be, in particular, recognition by the insurer of a claim, partial payment of insurance indemnity and/or forfeit, financial sanction

Compulsory civil insurance contract responsibility of vehicle owners

13. The contract of compulsory insurance must comply with those in force at the time of its conclusion. Changing the provisions after the conclusion of the contract does not entail changing the provisions of the contract (in particular, on the procedure for execution, terms of validity, essential conditions), except in cases where the law applies to relations arising from previously concluded contracts When resolving disputes arising from contracts of compulsory civil liability insurance of vehicle owners, it should be borne in mind that the insurance contract in the part in which it is concluded on the conditions is subject to the application of the rules on the adhesion contract. The contract of compulsory insurance is public, is concluded on the terms and conditions provided for by other legal acts adopted for the purpose of its implementation. Based on the provisions and conditions of the compulsory insurance contract, contradictory and / or including establishing additional grounds for the release of the insurance company from the obligation to make an insurance payment, are void. In the event of a dispute regarding the content of the insurance contract, the content of the policyholder's application, the insurance policy, as well as the insurance rules on the basis of which the contract was concluded, should be taken into account.
14. The contract of compulsory insurance does not apply to cases of harm to life, health and / or property when using a vehicle on the territory of a foreign state, including in the case when the amount of damage exceeds the maximum insured amount according to the rules of "green card" insurance
15. The issuance of an insurance policy is evidence confirming the conclusion of a compulsory civil liability insurance contract, until proven otherwise. Incomplete and / or untimely transfer to the insurer of the insurance premium received by an insurance broker or insurance agent, unauthorized use of compulsory insurance policy forms do not release the insurer from the performance of the compulsory insurance contract In case of theft of forms of insurance policies of compulsory insurance, the insurance company is exempted from paying insurance compensation only on the condition that before the date of the occurrence of the insured event, the insurer, insurance broker or insurance agent applied to the authorized bodies with a statement about the theft of forms
16. After the conclusion of the compulsory insurance contract, the replacement of the vehicle indicated in the compulsory insurance policy, the change of the term of insurance, as well as the replacement of the insured are not allowed. When the right of ownership, the right of economic management or operational management of the vehicle is transferred from the insured to another person, the new owner is obliged to conclude an agreement on compulsory insurance of his civil liability
17. An insured event is an event that occurs as a result of which the civil liability of the insured and other persons arises, the risk of liability of which is insured under a compulsory insurance contract for causing harm to life, health and / or property of victims when using a vehicle The use of a vehicle should be understood not only as a mechanical (physical) movement in space, but also all actions associated with this movement and other operation of the vehicle (towing, parking, parking, stopping, etc.). In relation to the OSAGO Law, the use of a vehicle is understood as its operation within the roads, as well as on the territories adjacent to the roads and intended for the movement of vehicles (in yards, in residential areas, in parking lots, gas stations, as well as any other territories on which it is possible to move (pass) the vehicle). The operation of equipment installed on a vehicle and not directly related to the participation of the vehicle in road traffic (for example, a turntable of a truck crane, a concrete mixer, unloading mechanisms, a manipulator boom, an advertising structure on a car) is not a use of the vehicle
18. The right to receive an insurance payment in terms of compensation for damage caused to property belongs to the victim - the person who owns the property on the basis of the right of ownership or other real right. Persons who own property on a different basis (in particular, on the basis of a lease agreement or by virtue of authority based on a power of attorney), do not have an independent right to insurance payment in respect of property If the damage caused as a result of a road traffic accident is compensated not by the insurance organization of the tortfeasor (or in the case of direct compensation for losses - by the insurance organization of the victim), but by another person, then the person who compensated for the damage has the right to compensation for losses. The person who compensated the injured person (the inflictor of harm, the insurance company that paid insurance compensation under a voluntary property insurance contract, any other person, except for the insurance company of the tortfeasor or the insurance company of the victim), has the right to claim against the insurer that insured the civil liability of the victim only in cases , allowing direct compensation for losses In other cases, such a requirement is presented to the insurer who insured the civil liability of the tortfeasor. The person who compensated for the damage caused as a result of an insured event has the right to claim against the insurer in the amount determined in accordance with the OSAGO Law. At the same time, the implementation of the transferred right of claim is carried out in accordance with the legislation of the Russian Federation in compliance with the provisions of the Law on OSAGO, which regulate relations between the victim and the insurer
19. The rights of the victim (beneficiary) under the contract of compulsory insurance may be transferred to another person only in terms of compensation for damage caused to his property upon the occurrence of a specific insured event under the contract of compulsory insurance of civil liability of vehicle owners The transfer of the rights of the victim (beneficiary) under the compulsory insurance contract is allowed only from the moment of the occurrence of the insured event. The rights of the victim to compensation for harm to life and health, as well as the right to compensation for moral damage and the procedural rights of the consumer cannot be transferred under an assignment agreement
20. The presentation of a claim by the beneficiary to the insurer for the payment of insurance indemnity does not exclude the assignment of the right to receive insurance indemnity. If the beneficiary receives an insurance payment in part, the assignment of the right to receive an insurance payment is allowed in the part not terminated by execution.
21. If it is impossible to establish the guilt of the insured person in the occurrence of an insured event or determine the degree of guilt of each of the drivers participating in the road accident from the documents drawn up by the police officers, the person who applied for the insurance payment shall not be deprived of the right to receive it. In this case, insurance organizations make insurance payments in equal shares of the amount of damage suffered by each The insurer is released from the obligation to pay a penalty, the amount of a financial sanction, a fine and compensation for non-pecuniary damage, if the obligation to pay insurance compensation in equal shares of the amount of damage incurred by each of the drivers participating in the road traffic accident is fulfilled. In case of disagreement with such payment, the person who received the insurance indemnity has the right to apply to the court with a claim for the recovery of the insurance indemnity in the missing part. When considering a dispute, the court is obliged to establish the degree of guilt of the persons recognized as liable for the harm caused, and to collect from the insurance company the insurance payment, taking into account the degree of guilt of the persons whose civil liability is insured, established by the court. The law does not provide for the filing of an independent statement on establishing the degree of guilt.
22. The right of the original creditor passes to the new creditor to the extent and on the terms that existed at the time of transfer of the right, including the rights associated with the main claim, including the right to claim against the insurer obliged to pay the insurance payment in accordance with the OSAGO Law , payment of a penalty, the amount of a financial sanction and a fine (paragraphs two and three of paragraph 21 of Article 12, paragraph 3 of Article 16.1. The right to demand the collection of a fine from the insurer provided for in paragraph 3 cannot be transferred to a legal entity until the court makes a decision on its collection. The same rules apply to cases of transfer to the insurer that paid the insurance indemnity of the rights of claim in the order of subrogation, since such transfer is a special case of a change of persons in the obligation on the basis of the law.
23. An agreement on the assignment of the right to an insurance payment is recognized as concluded if the subject of the agreement is definable, i.e. it is possible to establish in respect of which right (from which contract) the assignment has been made. At the same time, the absence in the contract of indicating the exact amount of the assigned right of claim is not a basis for recognizing the contract as not concluded (clause 1 of article 307, clause 1 of article 432, clause 1 of article 384 of the Civil Code of the Russian Federation).
24. When the rights of the beneficiary (injured) are transferred to another person (for example, assignment of the right to claim, subrogation), not only rights are transferred, but also obligations associated with obtaining insurance compensation. The purchaser is obliged to notify the insurance company of the occurrence of an insured event, which is obliged to make an insurance payment in accordance with the OSAGO Law, to submit an application for an insurance payment with all the necessary documents attached, to send a claim if these actions were not previously committed by the beneficiary (injured).
25. If the amount of compensation paid by the insurer under a voluntary property insurance contract exceeds the maximum insured amount under the compulsory insurance contract, the right to claim passes to the insurer in the order of subrogation along with the right to claim against the insurance company obliged to pay the insurance payment in accordance with the OSAGO Law. to the tortfeasor to the extent exceeding this amount (Chapter 59 of the Civil Code of the Russian Federation).
26. If, when considering a case on a subrogation claim of an insurance company that paid insurance compensation under a voluntary insurance contract against an insurance company obliged to make an insurance payment in accordance with the OSAGO Law, it is established that the latter paid insurance compensation under a compulsory insurance contract, then the court needs to establish which of the insurance companies made the payment earlier. In the event that the insurance indemnity under the compulsory insurance contract was paid earlier than the insurance indemnity under the voluntary property insurance contract, then the subrogation claim of the insurer under the voluntary property insurance contract against the insurer under the compulsory civil liability insurance contract is not subject to satisfaction (paragraph 1 of Article 408 of the Civil Code of the Russian Federation). In the event that an insurance company under a voluntary property insurance contract paid the amount of insurance compensation earlier than an insurance company under a compulsory insurance contract, the claim may be denied if it is established that the insurance company that received the rights of the beneficiary did not properly notify the insurance company of the tortfeasor damage about the subrogation that has occurred (Article 382 of the Civil Code of the Russian Federation).

Insurance payment

27. The insurance payment is understood as a specific amount of money payable by the insurer in compensation for harm caused to the life, health and / or property of the victim (paragraph 3 of article 10 of Law No. 4015-1, articles 1 and 12 of the Law on OSAGO). Replacing the insurance payment with the restoration repair of the vehicle is allowed at the choice of the victim, if the damage caused to the vehicle did not lead to its complete destruction (Article 1082 of the Civil Code of the Russian Federation, paragraph 4 of Article 10 of Law N 4015-1, paragraph 15 of Article 12 of the Law on OSAGO).
28. When harm is caused to the victim, recovery and other expenses are subject to compensation due to the occurrence of the insured event and necessary for the exercise by the victim of the right to receive insurance compensation (for example, the costs of evacuating a vehicle from the scene of a traffic accident, storing a damaged vehicle, delivering the victim to medical facility, restoration of a road sign and/or fence, delivery of repair materials to the scene of a traffic accident, etc.). Expenses incurred by the injured in connection with the need to restore the right violated as a result of the damage caused by the road traffic accident are subject to compensation by the insurer within the amounts established by Article 7 of the Law on OSAGO (clause 4 of Article 931 of the Civil Code of the Russian Federation, paragraph eight of Article 1, paragraph one of clause 1 article 12 of the OSAGO Law). Based on the provisions of Article 15 of the Civil Code of the Russian Federation and paragraph two of paragraph 23 of Article 12 of the OSAGO Law in their interconnection, only losses exceeding the maximum amount of the insurance amount can be recovered from the tortfeasor on the basis of Chapter 59 of the Civil Code of the Russian Federation.
29. Along with the cost of repairs and spare parts, the real damage resulting from a road traffic accident also includes the lost commodity value, which is a decrease in the value of the vehicle caused by premature deterioration of the marketable (external) appearance of the vehicle and its operational qualities in as a result of a decrease in the strength and durability of individual parts, assemblies and assemblies, joints and protective coatings due to a traffic accident and subsequent repairs. The lost commodity value is also subject to compensation if the victim chooses a method of compensation for damage in the form of organizing and paying for the restoration repair of a damaged vehicle at a service station with which the insurer has concluded an agreement on the repair of a vehicle under a compulsory insurance contract.
30. Under a compulsory insurance contract, subject to the provisions of Articles 1 and 12 of the OSAGO Law, not only losses caused as a result of damage to the vehicle, but also damage in the form of loss (damage) of cargo transported in the vehicle of the victim, as well as damage caused property not related to vehicles (in particular, real estate, filling station equipment, road signs and fences, etc.), except as provided for in paragraph 2 of Article 6 of the OSAGO Law.
31. The amount of the insurance amount established by Article 7 of the OSAGO Law applies to contracts concluded starting from October 1, 2014 (subparagraph "b" of paragraph 6 of Article 1 of the Federal Law of July 21, 2014 N 223-FZ "On Amendments to the Federal law "On Compulsory Insurance of Civil Liability of Vehicle Owners" and certain legislative acts of the Russian Federation). Under contracts concluded before this date, the maximum amount of insurance payments to victims is 120,000 rubles per victim, and in case of harm to several persons - 160,000 rubles. It should be borne in mind that under contracts concluded starting from April 1, 2015, the amount of the insurance amount in case of harm to the life or health of the victim will be 500,000 rubles.
32. Under the compulsory insurance contract, the amount of insurance compensation payable to the victim as a result of damage to the vehicle, for insured events that have occurred since October 17, 2014, is determined only in accordance with the Unified Method for Determining the Amount of Expenses for Restoration Repairs in Respect of a Damaged Vehicle, approved by the Regulation of the Central Bank of the Russian Federation of September 19, 2014 N 432-P (hereinafter - the Methodology). In cases where the difference between the insurance payment actually made by the insurer and the claims made by the claimant is less than 10 percent, it must be taken into account that, in accordance with paragraph 3.5 of the Methodology, the discrepancy in the results of calculating the amount of costs for restoration repairs performed by different specialists, formed through the use of various technological decisions and errors should be recognized as being within the limits of statistical significance. In case of damage to property not related to vehicles (in particular, real estate, filling station equipment, etc.), the amount of insurance compensation is determined on the basis of an assessment, estimate, etc.
33. In accordance with subparagraph "a" of paragraph 18 and paragraph 19 of Article 12 of the OSAGO Law, the amount of losses subject to compensation by the insurer in the event of the complete loss of the property of the victim is determined by its actual value on the day of the occurrence of the insured event, minus the cost of usable residues, taking into account their depreciation.
34. The provisions of Paragraph 2 of Clause 19 of Article 12 of the OSAGO Law on the maximum amount of depreciation charged on components (parts, assemblies and assemblies) apply to relations between the insurer and the victim arising from compulsory insurance contracts concluded starting from October 1, 2014 , in connection with which the maximum amount of depreciation accrued on components (parts, assemblies and assemblies), under contracts concluded before this date, cannot exceed 80 percent.
35. At the choice of the victim, compensation for damage caused to the vehicle is carried out by organizing and paying for the restoration repair of the damaged vehicle at the service station with which the insurer has concluded a contract for the repair of the vehicle under the contract of compulsory insurance, or by receiving the amount of insurance payment in cash desk of the insurer or transferring the amount of insurance payment to the bank account of the victim (beneficiary) (clause 15 of article 12 of the OSAGO Law). If the insurer organizes and pays for the restoration repair of a damaged vehicle at a service station, an agreement must be reached between the insurer, the victim and the service station on the terms within which the service station performs the restoration repair of the victim’s vehicle, on the amount of the full cost of the repair. In this case, if the cost of restoring the damaged vehicle is higher than the amount of the insurance payment, the victim pays the service station the difference between the insurance payment and the cost of the restoration repair. In the direction for repair, the agreed amount of the full cost of the repair is indicated, as well as the possible amount of the surcharge for the cost of spare parts, determined taking into account the wear and tear of components to be replaced during restoration repairs (clause 17 of article 12 of the OSAGO Law). Appeal to the insurer with an application for insurance payment in the form of organizing and paying for the restoration of a damaged vehicle at a service station is the realization of the right of the victim to choose the method of compensation for harm. Until the fact of violation of his rights by the service station is established, the victim is not entitled to change the method of compensation for the harm caused. When the victim chooses a method of compensation for harm in the form of organizing and paying for the restoration repair of a damaged vehicle at a service station with which the insurer has concluded an agreement on the repair of the vehicle, the insurer is not exempt from reimbursement of other expenses due to the occurrence of an insured event and necessary for the exercise of the victim’s right to receive insurance compensation. The obligations of the insurer to organize and pay for the restoration repair of the victim's vehicle shall be deemed to be duly fulfilled by the insurer from the day the victim receives the repaired vehicle. Responsibility for the service station’s failure to comply with the deadline for transferring the repaired vehicle to the victim, as well as for the violation of other obligations for the restoration of the victim’s vehicle, is borne by the insurer that issued the referral for repair (paragraphs seven and eight of paragraph 17 of Article 12 of the OSAGO Law). Other obligations for restoring the vehicle of the injured party, for which the insurer is responsible, should be understood as the proper performance by the technical service station of work on the repair of the vehicle, including their performance to the extent and in accordance with the requirements established in the direction for repair, and in case their absence - the requirements usually imposed on the work of the corresponding kind. In the event that the service station does not start the restoration repair in a timely manner or performs the repair so slowly that it becomes clearly impossible to complete it by the deadline, the victim has the right to change the method of compensation for damage and demand payment of insurance compensation in the amount necessary to eliminate the deficiencies and complete the restoration repair. Such requirements are presented to the victims in compliance with the rules established by Article 16.1 of the OSAGO Law. The victim has the right to present to the insurance organization that issued the referral for refurbishment, requirements to eliminate hidden shortcomings identified by him after receiving the vehicle repaired by the service station. Such requirements are made in compliance with the rules established by Article 16.1 of the OSAGO Law. In the event of a violation by the service station of obligations for the restoration of the vehicle of the victim, the insurance organization has the right to demand compensation for losses on the basis of Articles 15 and 393 of the Civil Code of the Russian Federation.
36. The issue of returning to the victim the components (parts, components and assemblies) to be replaced is essential for the correct consideration and resolution of the dispute between the victim and the insurance company on compensation for harm in the form of organizing and paying for the restoration repair of a damaged vehicle at a service station, in in connection with which the court is obliged to bring this issue up for discussion by the parties (Article 56 of the Code of Civil Procedure of the Russian Federation and Article 65 of the Arbitration Procedure Code of the Russian Federation). In the event of the return to the victim of the components to be replaced (parts, assemblies and assemblies), the amount of the insurance payment is reduced by their value. If the victim refuses to receive the component parts (parts, components and assemblies) to be replaced, the court is not entitled to impose on the insurer the obligation to return them to the victim.
37. If there are conditions provided for making an insurance payment in the manner of direct compensation for losses, the victim has the right to apply for an insurance payment only to the insurer that insured his civil liability (paragraph 1 of article 14.1 and paragraph 1 of article 12 of the OSAGO Law).
38. The simplified procedure for registering a road traffic accident is applied if the compulsory civil liability insurance contracts for the owners of vehicles involved in the road traffic accident have been concluded since August 2, 2014 and are valid until September 30, 2019 inclusive (paragraph 4 of Article 11.1 of the OSAGO Law) . If at least one participant in a road traffic accident concluded a contract of compulsory insurance of civil liability of vehicle owners before the specified period, the road traffic accident may be registered without the participation of authorized police officers, when the amount of damage, according to the participants in the road traffic accident, does not exceed 25,000 rubles.
39. Compensation for losses within the amounts established by Article 11.1 of the OSAGO Law is a simplified way of fulfilling obligations by the insurer, as a result of which the payment of direct compensation terminates the obligation of the insurer and the tortfeasor for a specific insured event (paragraph 1 of Article 408 of the Civil Code of the Russian Federation). In this regard, the claim of the victim against the insurer and / or the tortfeasor for compensation for damage in excess of the maximum amount of insurance payment under the simplified procedure for registering a traffic accident is not subject to satisfaction, except in cases where the agreement of the participants in the traffic accident on its execution without the participation of authorized police officers was declared invalid by the court. In any case, the victim has the right to apply to the insurer that insured the liability of the person who caused the harm, with a claim for compensation for harm caused to life and health, which arose after the presentation of a claim for direct compensation for losses and which the victim did not know at the time of the presentation of the claim (paragraph 8 of Article 11.1 and paragraph 3 of Article 14.1 of the OSAGO Law).
40. According to paragraphs 5 and 6 of Article 11.1 of the OSAGO Law, in the event that documents on a traffic accident are drawn up without the participation of authorized police officers, the insurer must be provided with data on the circumstances of causing damage to the vehicle as a result of a traffic accident, which are recorded using technical means of control that provide uncorrectable recording of information (photo or video filming of vehicles and their damage, as well as data recorded using navigation aids operating using the technologies of the GLONASS or GLONASS system in conjunction with other global satellite navigation systems). Failure to comply with these requirements is not grounds for refusing to pay insurance compensation, however, the amount of insurance compensation in this case cannot exceed the maximum amount of insurance payment under the simplified procedure for registering a traffic accident.
41. In the event that a traffic accident occurred as a result of interaction (collision) of more than two vehicles (including vehicles with trailers to them), the insurance payment in the form of direct compensation for damage in accordance with Article 14.1 of the OSAGO Law is not made. An application for insurance payment in connection with causing damage to the property of the victim is sent to the insurer that insured the civil liability of the person who caused the damage (paragraph two of paragraph 1 of Article 12 of the OSAGO Law). The insurance payment in the form of direct compensation for damage is also not made if the road traffic accident occurred as a result of the interaction (collision) of two vehicles (including vehicles with trailers to them), however, the civil liability of the tortfeasor is not insured under a compulsory insurance contract .
42. An insurance organization has the right to refuse an insurance payment and not accept as sufficient documents on a traffic accident, issued without authorized police officers, if the repair of damaged property or the disposal of its remains, carried out before the inspection by the insurer and / or an independent technical examination , independent examination (assessment) of damaged property, do not allow to reliably establish the existence of an insured event and the amount of losses subject to compensation under a compulsory insurance contract (clause 20 of article 12 of the OSAGO Law).
43. In the event of an insured event, the victim is obliged not only to notify the insurer about this within the time limits established by the Insurance Rules, but also to send the insurer an application for insurance payment and the documents provided for by the Insurance Rules (paragraph 3 of Article 11 of the OSAGO Law), and also submit for inspection a vehicle and/or other damaged property damaged as a result of a traffic accident (paragraph 10 of Article 12 of the OSAGO Law). The direction of the application for insurance payment and the submission of the necessary documents, the list of which is established by the Insurance Rules, must be carried out in ways that ensure the fixation of their direction and receipt by the addressee. The twenty-day period for the insurance company to make a decision on the application of the victim on the insurance payment is calculated from the date of submission of the documents provided for in paragraph 3.10 of the Rules of Insurance. The insurer is not entitled to demand from the victim documents that are not provided for by the Insurance Rules (paragraph seven of clause 1 of article 12 of the OSAGO Law). If the documents confirming the fact of the occurrence of the insured event and the amount of damage to be compensated by the insurer are insufficient, the insurer, within three working days from the date of their receipt by mail, and in case of personal contact with the insurer on the day of applying for an insurance payment or direct compensation for losses, is obliged to inform about this to the victim, indicating the full list of missing and / or incorrectly executed documents (paragraph five of paragraph 1 of article 12 of the OSAGO Law). If the victims are presented with documents that do not contain the information necessary for the payment of insurance compensation, including at the request of the insurer, then the insurance company is exempt from paying a penalty, financial sanction, fine and compensation for moral damage (clause 3 of Article 405 of the Civil Code of the Russian Federation).
44. The twenty-day period for consideration by the insurer of the victim's application for an insured event, provided for in paragraph 21 of Article 12 of the OSAGO Law, shall apply to relations between the insurer and the victim arising from compulsory civil liability insurance contracts of vehicle owners concluded starting from September 1, 2014.
45. Under the compulsory insurance contract, the insured is the risk of civil liability in the operation of a particular vehicle, therefore, in the event of an insured event, both due to the actions of the insured and due to the actions of another person using the vehicle, the insurer is not exempted from paying insurance compensation (preamble, paragraph 2 of Article 6 and subparagraphs "c" and "e" of paragraph 1 of Article 14 of the Law on OSAGO).
46. Presentation by the insured, when concluding a compulsory insurance contract, of knowingly false information provided for in Article 15 of the Law on OSAGO, is not a basis for refusing an insurance payment by an insurance company. The insurer has the right to demand that such an insurance contract be declared invalid on the basis of Articles 178 and 179 of the Civil Code of the Russian Federation.
47. Failure to submit a damaged vehicle or other damaged property for inspection and / or for an independent technical examination, independent examination (assessment) or the performance of their repair or disposal before the organization of the inspection by the insurer does not entail an unconditional refusal to pay insurance compensation to the victim (in full or in part). ). Such a refusal can take place only if the insurer took appropriate measures to organize an inspection of the damaged vehicle (valuation of other property), but the victim evaded it, and the absence of an inspection (assessment) did not allow to reliably establish the existence of an insured event and the amount of losses subject to compensation (paragraph 20 of article 12 of the Law on OSAGO).
48. If, based on the results of the inspection of damaged property carried out by the insurer, the insurer and the victim have reached an agreement on the amount of insurance payment and do not insist on organizing an independent technical examination of the vehicle or an independent examination (valuation) of damaged property, such an examination, by virtue of paragraph 12 of Article 12 of the Law OSAGO may not be carried out. When concluding an agreement on the settlement of an insured event without an independent technical examination of the vehicle or an independent examination (assessment) of the damaged property, the victim and the insurer agree on the amount, procedure and terms of the insurance indemnity payable to the victim. After the insurer makes the agreed insurance payment, its obligation is considered to be fulfilled in full and properly, which terminates the corresponding obligation of the insurer (paragraph 1 of Article 408 of the Civil Code of the Russian Federation). The conclusion of an agreement with the insurer on the settlement of an insured event without an independent technical examination of the vehicle or an independent examination (valuation) of damaged property is the realization of the right of the victim to receive insurance compensation, as a result of which, after the insurer fulfills the obligation to pay insurance in the amount agreed by the parties, the grounds for recovery there are no additional losses. At the same time, if there are grounds for recognizing the specified agreement as invalid, the victim has the right to apply to the court with a claim to challenge such an agreement and to recover the amount of insurance compensation.
49. The obligation to insure civil liability does not apply to car trailers owned by citizens (subparagraph "e" of paragraph 3 of Article 4 of the OSAGO Law). At the same time, the obligation to insure the civil liability of legal entities and citizens - owners of trailers for freight transport from September 1, 2014 is fulfilled by concluding a compulsory insurance contract providing for the possibility of driving a vehicle with a trailer to it, information about which is entered in the compulsory insurance policy (paragraph 7 article 4 of the Law on OSAGO). From October 1, 2014, i.e. from the date of the introduction of the limits approved by the Bank of Russia for the base rates of insurance rates and coefficients of insurance rates, requirements for the structure of insurance rates, as well as the procedure for their application by insurers when determining the insurance premium for compulsory insurance of civil liability of vehicle owners, damage resulting from a road traffic an accident during the joint operation of a tractor and a trailer as part of a road train is considered to be caused by one vehicle (tractor), and therefore the maximum insurance payment cannot exceed the sum insured under one insurance contract, including if the owners of the tractor and trailer are different faces. It should be taken into account that the absence in the policy of compulsory insurance of a mark on the operation of a vehicle with a trailer, the presence of which is provided for by paragraph 7 of Article 4 of the Law on OSAGO, cannot serve as a basis for refusing an insurance company to make an insurance payment. At the same time, with regard to subparagraph "c" of paragraph 1 of Article 14 of the OSAGO Law, the insurer in this case has the right of recourse to the insured - the cause of harm.
50. The victim has the right to apply to the court with a claim against the insurance company for the payment of insurance compensation after receiving the response of the insurance company to the claim or after the expiration of the five-day period established by paragraph 1 of Article 16.1 of the OSAGO Law for consideration by the insurer of a pre-trial claim, except for cases of extension of the period provided for paragraph 11 of Article 12 of the Law on OSAGO.
51. When resolving a dispute on insurance payment in court, the victim is obliged to prove the existence of an insured event and the amount of losses (Article 56 of the Code of Civil Procedure of the Russian Federation and Article 65 of the Arbitration Procedure Code of the Russian Federation).

Measures of responsibility of the insurer for violation of terms payment of insurance compensation

52. If one of the parties, in order to obtain advantages in the exercise of the rights and obligations arising from the compulsory insurance contract, acts in bad faith, the satisfaction of the claims of this party may be denied in the part in which their satisfaction would create such advantages for it (paragraph 4 Article 1 of the Civil Code of the Russian Federation). When establishing the fact of abuse by the injured right, the court refuses to satisfy claims for the recovery of a penalty, financial sanction, fine and compensation for moral damage from the insurer (Articles 1 and 10 of the Civil Code of the Russian Federation).
53. When a claim is submitted to the court for the recovery of insurance compensation, a penalty and / or a financial sanction at the same time, the mandatory pre-trial dispute settlement procedure is considered to be observed even if the conditions provided for in paragraph 1 of Article 16.1 of the OSAGO Law are met by the plaintiff only in relation to the claim for insurance payment. Compliance with the obligatory pre-trial dispute settlement procedure provided for in paragraph four of clause 21 of Article 12 of the OSAGO Law in order to go to court with claims for the recovery of a penalty and / or financial sanction is mandatory if the court decision that has entered into legal force has considered the claim for payment of insurance compensation, and the claims for the claimant did not claim the recovery of a penalty and a financial sanction.
54. The amount of the financial sanction for non-compliance with the deadline for sending a reasoned refusal to the victim in the insurance payment is determined in the amount of 0.05 percent for each day of delay from the maximum insurance amount for the type of harm caused to each victim, established by Article 7 of the Law on OSAGO (paragraph three of paragraph 21 of Article 12 OSAGO Law). The financial sanction is calculated from the day following the day set for making a decision on the payment of insurance compensation, and until the day a reasoned refusal is sent to the victim, and if it is not sent, until the day it is awarded by the court.
55. The amount of the penalty for non-compliance with the deadline for making an insurance payment or compensation for damages in kind is determined in the amount of 1 percent for each day of delay from the amount of insurance compensation payable to the victim in a specific insured event, minus the amounts paid by the insurance company on a voluntary basis in the terms established by Article 12 of the OSAGO Law (paragraph two of paragraph 21 of Article 12 of the OSAGO Law). The penalty is calculated from the day following the day set for making a decision on the payment of insurance compensation, and until the day the insurer actually fulfills the obligation under the contract.
56. Responsibility for non-fulfillment, improper fulfillment of obligations for the restoration repair of a damaged vehicle, including for violation of the terms of such repair, shall be borne by the insurer (clause 17 of article 12 of the OSAGO Law). The penalty for violating the deadline for issuing a referral for refurbishment or for violating the deadline for such repairs is calculated from the amount of the insurance payment determined in accordance with Article 12 of the OSAGO Law.
57. The collection of a penalty along with a financial sanction is carried out in the event that the insurer violates both the deadline for sending a reasoned refusal to the victim in the insurance payment, and the deadline for making the insurance payment or compensation for damage in kind. It should be borne in mind that paragraph 6 of Article 16.1 of the OSAGO Law establishes a limit on the total amount of penalties and financial sanctions collected by the court only in relation to the victim - an individual.
58. The insurer shall be released from the obligation to pay a penalty, the amount of a financial sanction and / or a fine if its obligations are fulfilled by it in the manner and within the time limits established by the OSAGO Law, and also if the insurer proves that the violation of the deadlines occurred due to force majeure or due to guilty actions (inaction) of the victim (paragraph 5 of Article 16.1 of the Law on OSAGO).
59. Within the meaning of paragraph 7 of Article 16.1 of the OSAGO Law, no other penalty, the amount of a financial sanction, a fine not provided for by the OSAGO Law can be recovered from the insurer.
60. The provisions of paragraph 3 of Article 16.1 of the OSAGO Law on a fine for non-compliance with the claims of the victim on a voluntary basis shall apply if the insured event occurred on September 1, 2014 or later. Disputes arising from insured events that occurred before September 1, 2014 are subject to the provisions of paragraph 6 of Article 13 of the Consumer Rights Protection Law.
61. When the court satisfies the claims of the victim, the court simultaneously collects from the defendant a fine for failure to voluntarily comply with the claims, regardless of whether such a claim was made to the court (paragraph 3 of Article 16.1 of the OSAGO Law). If such a requirement is not stated, the court raises the issue of collecting a fine for discussion by the parties (Part 2 of Article 56 of the Code of Civil Procedure of the Russian Federation). If the decision to collect a fine from the insurer is not made by the court, the court has the right, in accordance with the procedure established by Article 201 of the Code of Civil Procedure of the Russian Federation and Article 178 of the Arbitration Procedure Code of the Russian Federation, to make an additional decision. The absence in the court decision of an indication of the collection of a fine may also serve as a basis for the court of appeal or cassation to change the decision when considering the relevant complaint (Articles 330, 387 of the Code of Civil Procedure of the Russian Federation).
62. A fine for failure to voluntarily fulfill the requirements of the victim, based on the provisions of paragraph five of Article 1 and paragraph 3 of Article 16.1 of the OSAGO Law, is collected in favor of the individual - the victim. If the court satisfies the claims filed by public associations of consumers (their associations, unions) or local authorities in defense of the rights and legitimate interests of a particular victim - the consumer, fifty percent of the amount of the fine determined by the court is recovered by analogy with paragraph 6 of Article 13 of the Law on the Protection of Consumer Rights in the benefit of said associations or bodies, whether or not they have made such a claim. If the court satisfies the claims of legal entities, the said fine shall not be collected.
63. The presence of a court dispute on the recovery of insurance compensation indicates the insurer's failure to fulfill the obligation to pay it voluntarily, and therefore the satisfaction of the claims of the victim during the period of consideration of the dispute in court does not relieve the insurer from paying a fine.
64. The amount of the fine for non-fulfillment of the requirements of the victim on a voluntary basis is determined in the amount of fifty percent of the difference between the amount of insurance compensation payable to the victim in a specific insured event and the amount of insurance payment made by the insurer on a voluntary basis. At the same time, the amount of the penalty (penalty), financial sanction, monetary compensation for moral damage, as well as other amounts not included in the insurance payment, are not taken into account when calculating the amount of the fine (paragraph 3 of Article 16.1 of the OSAGO Law).
65. The application of Article 333 of the Civil Code of the Russian Federation on the reduction of a penalty by a court is possible only in exceptional cases when the penalty, financial sanction and fine payable are clearly disproportionate to the consequences of the violated obligation. Reducing the penalty, financial sanction and fine is allowed only at the request of the defendant. The decision must indicate the reasons why the court believes that a reduction in their size is permissible.
66. The forfeit, financial sanction and fine provided for by the OSAGO Law also apply to the professional association of insurers (paragraph three of paragraph 1 of Article 19 of the OSAGO Law).