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The Ministry of Finance sent a new batch of amendments to the law on OSAGO for approval to the departments. They significantly reduce the amount of payments from the compensation fund Russian Union auto insurers (RSA). Claims on them cannot be transferred to auto-lawyers, and consumer protection law will not apply to these payments, thanks to which the courts are now recovering amounts two to three times more than the paid damages under OSAGO. Last year, 5 billion rubles were paid out from the PCA fund, of which about 30% went to scammers, according to the union.

The repair reform of OSAGO (Vladimir Putin signed the relevant law on March 28) is not last change in the lives of car owners. As Kommersant was told in the Ministry of Finance, the next batch of amendments to the law on OSAGO has been sent to the ministries for approval. According to Vera Balakireva, Deputy Head of the Financial Policy Department of the Ministry of Finance, transformations in the segment will continue. They will be framed by three bills.

The first on March 28 has already been sent for approval to the ministries and departments. According to the document (Kommersant has it), insurers lose the right to issue a recourse claim to a pedestrian injured in an accident for damage caused to a car. As explained in the PCA, since the car is the source heightened danger The Civil Code does not give the insurer the right to issue recourse to pedestrians. "However isolated cases were still on the market," they agree with the need for amendments in the union.

At the same time, the PCA, upon payments from the compensation fund, receives the right of recourse to the culprit of the accident in the amount of the compensation made. Recall that, according to the law on OSAGO, payments from the PCA compfund are due to victims if the perpetrator of the accident is unknown, or his liability is not insured, or the insurer who issued the policy is bankrupt. In addition, PCA acquires the right to issue a recourse to the service that issued the diagnostic card to the car, if it turns out that the accident occurred due to a malfunction that could have been detected at the time the car was inspected to obtain the card.

In turn, a number of restrictions are imposed on payments from the PCA Compfund: they cannot be assigned to third parties, that is, auto lawyers, and they are not covered by the consumer protection law. Recall that it is this law that allows lawyers in courts to recover from insurers amounts twice or three times the amount of paid damage - thanks to the ability to bill for lawyers' services, pay for the opinions of expert technicians, the amount of damage plus 50% as a fine. In addition, if the recipient of a payment from the fund has claims in terms of its amount, filing a claim with the PCA will become mandatory before filing a lawsuit with a court.

The OSAGO reform will not end with the replacement of payments with repairs - a new portion of amendments to the law on car owners liability insurance has already gone to the ministries for approval

According to the PCA, there are now 14 billion rubles in the compfund. Since the start of compensation payments in 2004, victims have received 32.8 billion rubles from it. Last year, the amount of payments from the fund amounted to 5 billion rubles. and up to 30% of them in the PCA are considered dubious - "twisted" auto-lawyers.

Vera Balakireva says that the Ministry of Finance has two more projects on the way - to increase payments under the European protocol from 50 thousand rubles. up to 100 thousand rubles and on the liberalization of insurance conditions, including tariffs with the division of policies depending on the sum insured into premium, business and economy options ("Kommersant" wrote about this on September 15, 2016). “This is the basic draft of the amendments, it has already passed the first round of approval, we have received comments, we are working on them,” Ms. Balakireva concludes. However, according to Kommersant's information, the Central Bank is still refusing to approve it, the regulator believes that these innovations will create "unnecessary turbulence" on the market and it is not worth discussing the project until the repair reform is run in.

The State Duma Committee on the Financial Market recommended the adoption in the second reading of amendments to federal law"About OSAGO". The main innovation is the transition from cash payments for insurance to in-kind compensation for damage, that is, to car repairs. Moreover, this procedure should be strictly regulated. Financial compensation is proposed to be left only in exceptional cases. Experts draw attention to the inconvenience that car owners may face: the law gives 30 days to restore the vehicle, and all this time people will not be able to drive. Will it be possible to find a balance between the interests of drivers and insurers - in the material RT.

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The essence of the amendments

The bill, authored by deputy Mikhail Yemelyanov, was adopted by the State Duma in the first reading at the end of 2016, after which there were fierce disputes around the amendments between parliamentarians, interested departments, insurers and experts. As a result, several important clarifications appeared in the bill. On February 21, the financial market committee recommended that this version be adopted in the second reading; voting can take place on March 10.

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The most important amendments made to the document relate to the conditions for repairing a vehicle that has been in an accident.

So, spare parts that are used in repairs under insurance must be only new. However, with the consent of the car owner, a service station (SRT) will be able to use used parts.

At the conclusion of the contract, the service station itself will be offered to the insured to choose from the list of those with which the insurer cooperates. In this case, the driver, if there are no objections from the insurance company, will be able to repair the car at another service station that is not included in the register of the insurer.

Although the government initially proposed a two-month warranty on repairs, the deputies insisted on a six-month warranty period for parts and labor, and for a one-year warranty period for bodywork and paint work. The insurance company is responsible for the quality of the repair.

In addition, the amendments provide that repairs must be carried out at a service station, which is located no further than 50 km from the scene of an accident or the place of residence of the victim. In the event that both cannot be carried out, the insurer will be obliged to transport the car to the workshop and back at its own expense.

30 days are allotted for the OSAGO repair itself. For each day of delay, the insurer is charged a penalty in the amount of 0.5% of the amount of damage in favor of the client. At the same time, the Central Bank, in the event of regular delays, may suspend the insurer's right to work under “natural” OSAGO for a year and oblige the company to pay compensation during this period exclusively in cash.

By the way, another important block of amendments concerns cases when compensation for OSAGO will still be carried out in cash. The car owner has the right to count on this if his vehicle beyond repair or if the restoration costs more than the amount of the maximum compensation for "autocitizen". In this case, the insured will be able to either simply receive the money, or pay the missing amount for the repair. Besides, Insurance companies will compensate for the damage in cash if the driver died in an accident or was injured.

Start with problem areas

The deputies propose to switch to in-kind compensation under OSAGO 30 days after the publication of the law. This will only affect new insurance contracts concluded after the entry into force of the amendments.

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At the same time, the parliamentarians provided for the possibility for the Central Bank to determine the regions where the waiver of monetary compensation can also be introduced under existing, previously concluded OSAGO agreements.

According to the Central Bank, there are now 16 regions where "avtograzhdanka" is unprofitable for insurers due to the actions of unscrupulous automobile lawyers. It was this problem that led to the idea of ​​abandoning cash payments in favor of compensation in kind.

As the Russian Union of Motor Insurers assures, lawyers in a number of regions conduct a “fraudulent” business, massively buying out the right to claim insurance from car owners who got into an accident and immediately paying compensation to the victim in the accident. Then the lawyers send a pre-trial claim to the insurer, without providing the vehicle damaged in the accident for inspection. In this case, the insurer cannot determine the amount of damage. As a result, according to the decision of the court, as a rule, the representative of the insured takes the side, the company is forced to pay not only the amount of damage, which can be overestimated several times, but also fines and penalties.

Of course, in this case we are talking about a fraudulent method of obtaining money from an insurance company, and not about conscientious car lawyers protecting the rights of car owners.

Insurers criticize the reform

Nevertheless, in the insurance community, which seeks for itself the most comfortable conditions work, the amendments were criticized.

“For example, this is the choice of service stations at the request of the client. Then it must be attributed that in this case the insurer is not responsible for the quality and timing of the repair. Also, you can not impose a ban on the use of used spare parts. Cars produced 10-12 years ago get into an accident - for many of these models, new spare parts are no longer produced, ”said Evgeny Ufimtsev, executive director of the Russian Union of Motor Insurers.

Another claim of insurers to legislators concerns the scheme phased start work of the new law. So, after the law comes into force, new policies, which will be subject to its action, will appear with car owners as a result of a natural replacement throughout the year.

“In the proposed version, we will be able to completely switch to natural form only in a year. The ability of insurers to save money by mass sending cars to service stations and receiving discounts from them will be reduced. In addition, loopholes remain for car lawyers to receive money from insurance companies in other regions (from those regions that are recognized by the Central Bank as problematic, unscrupulous lawyers can go with claims to others. — RT). The money that insurers are now earning is not enough, ”summed up Ufimtsev.

However, Deputy Chairman of the Central Bank Vladimir Chistyukhin said that if unscrupulous lawyers simply “flow” from one region to another, the Central Bank will have the opportunity to extend in-kind payments under old contracts to them as well.

European reimbursement

Automotive expert Igor Morzharetto generally positively assesses the CMTPL reform in the proposed version: “The transition to in-kind compensation is correct solution. It works in European countries. If everything is clearly stated in the law regarding the liability of insurers, then there should be no problems. All talk about the quality of OSAGO repairs is from the evil one.

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At the same time, certain inconveniences may arise with the 30-day period that is allotted for the restoration of the vehicle.

“Now you can quickly repair the car with your own money, drive and wait for compensation from the insurance. In the case of in-kind compensation, the car owner may be left without personal transport for a month. But I hope that the turnover for the service station is important and delay the repair until maximum term, statutory, they won't," Morjaretto told RT.

The Russian Automobile Dealers Association (ROAD) sent a letter to the Central Bank stating that the direct settlement of OSAGO losses in the Russian Federation did not work. Insurers do not conclude contracts with official dealers and do not send warranty cars to them for repairs. At the same time, as ROAD representatives note, existing norms OSAGO cash payments are forced to use old spare parts for car repairs, which leads to a loss of warranty. The Central Bank believes that insurers do not violate the law.

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The ROAD letter outlines the essence of the conflict between insurers and dealers.

“Five months have passed since the introduction of amendments to the OSAGO law. The in-kind form of compensation, to our great regret, did not work under OSAGO. The consumer cannot use a quality service, and car dealers do not get the opportunity to carry out repairs in accordance with 40-FZ (OSAGO),” the appeal reads, the text of which Izvestia has read.

The existence of the problem was confirmed to Izvestia by insurance agents of such organizations as RESO-Garantia, Renaissance Insurance and Ingosstrakh. These companies did not respond to an official request.

Insurance market experts state that its players have concentrated on cash payments.

According to my information, only Rosgosstrakh has concluded agreements with dealers, the rest, as before, pay through the cash desk, - said Nikolai Tyurnikov, founder of the osaGO accident settlement platform.

The Central Bank confirmed receipt of the letter from dealers.

The Bank of Russia will study the appeal of the ROAD. We are ready for dialogue to provide a more flexible approach and expand the opportunities for interaction between insurers and service stations, the press service said.

Since May 2017, requirements for the priority of restorative repairs in case of an accident came into force in Russia over cash payments according to OSAGO, these amendments were initiated by the insurers themselves. The difference between repairs at the “official” and monetary compensation is significant: in the first case, the law obliges to pay for the services of a dealer and install exclusively new spare parts, in the second, insurers pay compensation to citizens, taking into account the wear and tear of parts. Depreciation is determined according to the unified methodology for calculating the damage of the Russian Union of Motor Insurers (RSA). However, the prices in this method are greatly underestimated, according to the ROAD.

“In this issue today we see the main conflict of interest: insurers are not interested in increasing their costs by paying for repairs, taking into account the installation of new parts, the ROAD letter to the Central Bank says. - Offers of the majority of large insurers to car dealers are reduced to payment for car repairs, taking into account the wear and tear of parts in accordance with the PCA methodology. In such a situation, car dealers have two options: to try to repair parts that violate the repair technology, or to install used parts.”

The PCA recalled that the norms on the priority of repairs apply only to contracts concluded after April 28, 2017. Insurers consider the cost of spare parts from dealers to be too high.

Many service stations (SRT) work with insurers at prices determined by PCA directories. Just in reference books - average prices. If the service station works “on the upper bar”, its prices will be too high, the PCA reported.

At the same time, dealers concrete examples the difference in the cost of spare parts in real car dealerships and tariff scale insurers.

For example, the cost of a Toyota Land Cruiser 200 bumper is not the most massive car, but the example is quite typical. In the PCA method, the cost of a bumper is three times lower, even if a non-original one is installed. For this money, you can only restore a part from a broken car. Needless to say, this leads to a significant deterioration appearance car, reducing its residual value, I'm not talking about the problems of passive safety, - said Oleg Moseev, president of the ROAD.

The Central Bank believes that insurers do not violate the law.

The priority of in-kind compensation is valid when the insurer has concluded an appropriate contract with a service station (including a dealer service station) that meets the requirements established in the OSAGO law. At the same time, neither insurers nor service stations have the obligation to conclude such contracts - these are completely voluntary relationships and their conditions are established by mutual agreement of the parties, the press service of the Central Bank told Izvestia.

In this situation, motorists can only seek the truth in court, believes the president of the Board of Legal Protection of Car Owners, Viktor Travin.

Insurance companies are interested in profit, not in justice, it can and should be sought in the Constitutional Court, the human rights activist is convinced.

The PCA told Izvestia that in order to solve existing problems they seek the abolition of state regulation of OSAGO tariffs.