Sanatorium resort vouchers. Sanatorium-resort treatment: who is supposed to be free, how to get

What is this song about

In theory, the OSAGO principle is simple: if you only crashed your car, you can throw it in a landfill, or repair it at your own expense, your business. Insurance own car according to the laws of the Russian Federation, it is optional (although when buying on credit, the bank will require it). But the threat you pose to other road users is legally required to be insured. The fate of the pedestrian you hit, or the owner of the car you crashed into, should not depend on how rich or poor you are, whether you yourself survived the accident, and how far your house is from here. Regardless of the answer to all these questions, the victim of your actions on the road must be insured in advance, and at your expense, since you are the source of the threat.

This is the theory, and it is the same for all countries where OSAGO operates. It gets worse with practice. The fact is that in America, compulsory insurance was first introduced more than 90 years ago, and in Western Europe by the end of the 1940s it had already become ubiquitous. Naturally, over the years, 100,500 different situations, taking into account which the procedures and rules were completed. Today's legislation on this issue in developed countries is the product of half a century of grinding and shaking.

How it works in Russia

In Russia, the law obliging car owners to insure first came into force in July 2003. Since then, it has been continuously revised, in all its key provisions. For example, to a simple question “Who should set OSAGO rates?” Over the past 13.5 years, the legislator has managed to give four different answers - perhaps they were all wrong, but today this responsibility is entrusted to the Central Bank. For more complex questions, the law often does not answer at all, or it allows for multiple interpretations. Therefore, the Russian courts, from the first instance to the Constitutional Court and the Plenum of the Supreme Court, are inundated all the way with claims regarding OSAGO. In 2012 alone, their number in Russia exceeded 311,000. Although, under normally written laws, no court would be required to pay insurance. How's it in general case not required to repair a car under commercial insurance.

There was even a whole layer of "auto-lawyers" - people who redeem the right to bring claims under OSAGO from victims in an accident (beneficiaries). That is, they pay the owner of a damaged car in cash an amount for which he can fix it tomorrow (or, say, drink it away, that’s his business), and they themselves go to court to prove that it’s not the bumper that needs to be changed, but the body , radiator and engine. In accordance with the decision of the Plenum of the Supreme Court of January 29, 2015, in the event of even a partial recognition of the claims by the court, the “auto-lawyer” should be awarded not only the cost of repairs, but also 1% of this amount for each day of delay in payments, and 50% of the consumer fine for unreasonable refusal, and - top - compensation moral damage. That is, the total amount of payment that the court can assign for such a claim is not even limited by the ceiling of the insurer's liability established by the Central Bank. After all, the court is not obliged to take it into account when calculating penalties.

Profitability issues

Here, of course, there is interest Ask about the economics of this whole business. Because on the side of the payers - that is, on our side with you - the registration of OSAGO is obligatory, like a transport tax. And for insurance companies, the laws of the market work here. That is, no Russian insurer is obliged to trade OSAGO policies. Anyone has the right to enter this market: join an SRO called the Russian Union of Motor Insurers (RSA), obtain a license, start selling insurance. But if the market is regulated in such a way that the business turns out to be planned and unprofitable, anyone can exit in the same way as he entered. Moreover, there are much more exited players today than active ones: there are 70 legal entities on the list of full members of the PCA, the OSAGO license was revoked from 110 companies, and 149 insurers that were previously members of the union left or were excluded from it ...

At the end of 2016, 16 insurance companies dealing with OSAGO at once had payments for insured events that exceeded their revenue. In particular, the largest player in this market, Rosgosstrakh, sold MTPL policies for 54.67 billion rubles, and paid insured persons 68.85 billion rubles. In total, he suffered a loss of 14.18 billion rubles on one product in one year. Moreover, these figures take into account only payments under the insurance contract, and do not take into account any penalties and penalties imposed by the courts - where the beneficiaries were "auto lawyers". Of the 16 insurers who found themselves in the red on OSAGO, 14 this year no longer sell the service. Rosgosstrakh, however, has remained and hopes for reforms.

In addition to the complete withdrawal of companies from this market, they may also refuse to serve certain subjects of the federation, which are called “toxic” in the slang of the insurance business. To date, these are Rostov-on-Don, Krasnodar Territory, Volgograd, Chelyabinsk, Murmansk - regions where CMTPL payments last year amounted to about 170% of insurers' revenues, and in certain regions reached 300% - thanks to the success of "traffic lawyers" in local courts.

How to turn a bad deal into a good one

If this insurance were a purely commercial product, there would be two options: either they would stop selling it (as 14 out of 16 companies did in 2016), or prices would rise for it. But the OSAGO policy cannot disappear: it is forbidden to drive a car without it. And the prices for it cannot rise, because they are regulated by the Central Bank. Where the law of the state enters into an irresolvable contradiction with the laws of the market, all sorts of schemes begin, ranging from simply illegal to completely criminal.

The criminal scheme is based on the obvious idea that the cost of one OSAGO policy is the price of a sheet of paper, a pinch of toner and printer depreciation. And with the electronic registration of the policy (which has been legalized everywhere by law since January 1 of this year), these expenses are not necessary either. Losses occur only after payments for insured events begin. If before this interesting moment not to bring, but to wash off in time with the proceeds, then the business comes out with a margin higher than any drug. Where Rosgosstrakh, groaning, will write down 14 billion at a loss, the son of a Turkish citizen will boldly register the Horns and Hooves insurance company in the name of the zits-chairman of the Pound, receive a license, sell as many OSAGO policies as he can - and leave with the money on ice in the direction of the Romanian border... Information for reflection: since July 2004, supervisory authorities (FSIS, FFMS, Ministry of Finance, Central Bank) have revoked 1,293 licenses from Russian insurance companies. At the beginning of 2014, there were about 600 insurers with valid licenses in the country, today there are only 250 left. turned out to be recalled, the reasons for the recall are not as important as the result, but it is the same: when insured event there is no one to pay.

An illegal scheme is the lot of those very "reputable" insurance companies that simply cannot run away across the ice with money. When it is unprofitable for them to sell an OSAGO policy (for example, in a “toxic” region), then they do not sell it. Rather, they sell - but only to those who buy commercial insurance from them. According to statistics, the share of CMTPL clients accounts for up to 95% of imposed insurance services.

Insurers want to pay in kind

The main reform, designed to put an end to the entire business of "traffic lawyers" in buying up rights of claim, is the transition to in-kind payments between insurers and victims. That is, instead of cash payments Insurance companies want to do repairs. Of course, not on our own, but by the hands of subcontractors. Select in different regions authorized service stations, bend them at a price, and pay the beneficiary in kind in the form of a repaired car on the go. Thus, knocking out from under the feet of the “auto-lawyers” both the soil and the stool. Because "auto-lawyers" do not need repaired cars of principals at all. They need the difference between the actual repair estimate and what you can sue with real money in your pocket.

The reform project was not invented yesterday, it was coordinated for a long time between the RSA and the Ministry of Finance, there is a large note in Vedomosti about the level of objectivity of these butts. We agreed, in particular, that all work performed by a service station authorized by the insurer is guaranteed for 6 months, for body work - a year. The insurers also agreed to “take on the wear and tear”, i.e. replace a damaged five-year-old part not with a serviceable five-year-old one, but with a new one.

On December 14, the bill was approved in the first reading, and then in the relevant committee, its text began to acquire new amendments and amendments to amendments, due to which further approval stalled, because deputies from different factions found a lot of fresh proposals for reforming the industry. By this moment, the relevant committee is considering 5 different packages with corrections and additions to Law No. 40-FZ “On Compulsory Insurance of Civil Liability of Owners Vehicle” (dated May 7, 2002).

Since December, legislators who are not indifferent to the issue have been throwing in a bunch of invaluable ideas, from populist to spring ones. Of the populist ones, that the choice of a service station for repairs must, in any case, remain with the victim, no matter who the insurer negotiates with in this region. Here a person wants to be repaired, say, at the official dealer of "Mers" in Zhukovka - his right. If the car is new, before the expiration of the warranty period and / or mileage, then it can only be serviced in the official service of the brand, even if there is no such service within a radius of 200 km from the accident site. Also, during the repair of the car, the insurance company must cover the current transportation costs of the owner. And if the repair period exceeds 30 days, then from the 31st day the insurer is obliged to pay the beneficiary 0.5% of the compensation amount per day.

Of the spring amendments, the one that says that repairs are allowed to be done only in the region whose code is listed on license plates is of particular interest. Insurers are shocked by this proposal, because evacuation is their cost. They want to repair a car with Irkutsk numbers that has been broken in the resorts of the Krasnodar Territory in the garages of Sochi, and not to drive it to Irkutsk. The bill, which was agreed between the RSA and the Ministry of Finance, refers to the nearest service station to the accident site, and not the registration of the vehicle.

The deadline for the amendments to enter into force was to be the first day of spring (the amendments were given a period of up to January 14 - a month after the first reading). But with the current abundance of incompatible proposals, it is hard to believe that they will come to an agreement quickly. Either they will butt heads until the summer, or someone in the profile committee will slam his shoe on the table and submit for the second reading such a package, which then will have to be corrected and finalized for another 15 years.

And we both didn’t know that we were buying under the guise of an OSAGO policy, and we will continue not to know this ... I apologize that it turned out so long.

Starting from May 21, 2017, amendments to the law on compulsory motor insurance (hereinafter referred to as OSAGO) came into effect. These amendments prioritize compensation in kind (in the form of restoration repairs of damaged cars) over the previously prevailing insurance payments.

It can be argued that the changes in legislation have affected not only the interests of insurance companies. These OSAGO innovations apply to all car owners without exception.

New OSAGO rules: who do they apply to?

It should be noted right away that the new rules will only apply to new OSAGO agreements, the conclusion of which takes place after 04/28/2017. and exclusively for cars owned by individuals and registered in the territory of the Russian Federation.

With regard to previously purchased policies, this is possible, but only by agreement between the policyholder and the insurer.

A total of 12 amendments were adopted, ten of which concerned insured events in case of accidents, and two related to the procedure for purchasing an OSAGO policy.

In this article, we'll take a closer look at the changes.

OSAGO repair instead of money - innovation in legislation No. 1

The main change is considered to be the amendment made by federal law No. 49-FZ of March 28, 2017 to the law on OSAGO. According to this document: the insurance company repairs a damaged car at a service station at its own expense, and does not pay money to the injured party.

Note that until April 28, 2017. the situation was different: the victim had the right to choose a convenient option for himself between carrying out restoration repairs and an insurance cash payment.

On this moment Money for repairs can be received in the following cases:

A car after an accident cannot be restored;
To repair a damaged car, an amount of more than 400,000 rubles will be required;
The damage was caused to a property object that does not apply to the car;
Insurance received by the car owner within the framework of international insurance systems;
The insurance company is not able to fulfill its obligations (under the insurance contract) to repair a car damaged in an accident in a way other than the payment of monetary compensation;
A specific accident was filed without the participation of police officers, which is possible if the damage does not exceed 100,000 rubles. However, the amount that the car repair will cost exceeds the above and the victim refuses to pay extra for his own funds;
The car owner is a disabled person of the 1st or 2nd group and submits an application in which he asks to pay monetary compensation for repairs.

Who can drive without a policy - CMTPL change No. 2

Policies should not be purchased by drivers of the vehicle, specifications which are those that are not subject to the requirements regarding the approval of the vehicle for operation on the roads common use and / or state registration (previously, the requirements for limiting the maximum speed of such vehicles were 20 km / h).

Penalty for non-compliance with the terms of repair - change in OSAGO No. 3

If the car owner, who was recognized as a victim as a result of an accident, agrees to carry out restoration repairs at a station where an agreement has been concluded with the insurer, then within 20 calendar days he should be issued a referral for car repairs.

In the case when the driver wants to repair his car at a third-party service, the period for issuing a notification can be extended up to 30 calendar days.

It is important to know that for each day of delay in carrying out restoration measures, the insurer is obliged to pay a penalty in the amount of 0.5% of the amount of the total damage caused.

Reimbursement for the evacuation of the car - change in OSAGO No. 4

If earlier the amount spent on the delivery of a car from the accident site to the place of repair / storage was compensated by the insurer on the basis of receipts provided by the client (the customer, having paid for the delivery, received a document / receipt on the basis of which these expenses were covered), now the new rules regulate the maximum distance transportation, limiting it: only 50 km and no more. Thus, if the service station is located at a distance of more than 50 km. from the place of the accident / storage of the car, then from a formal point of view, the insurer has the right to disagree with such transportation.

If the client insists exclusively on this option, then the entire procedure for organizing the transportation of a car and paying for this service is assigned to him (for his own money, he can transport a damaged car to any place).

Grounds for a regressive claim - change in OSAGO No. 5

Regressive risk - represents a return claim of the insurance company to the culprit of the accident in order to recover from him the amount that was spent on restoring the damaged car of the injured party and previously paid to it.

According to the new amendments, the grounds for presenting such regressive risks include the following situations:

accidents that occurred in the case of the intent of the perpetrator;
The culprit at the time of the accident was in a state of alcoholic or other type of intoxication and this is documented;
The participant in the accident, recognized as the culprit, did not have the right to drive the vehicle;
The driver, found guilty of the accident, is not included in the insurance policy of the owner of the car;
The culprit fled the scene of the accident;
The accident happened during a time period that is not covered by the insurance policy;
The insurance company did not receive documents about the accident in statutory 5-day period;
The guilty party has already started repair/disposal of the vehicle;
At the time of the road accident, the validity of the MOT coupon (diagnostic card) has ended;
At the time of conclusion of the insurance contract in electronic form, the policyholder provided false information to the insurer, which led to an unreasonable reduction in the amount of insurance compensation.

New limits under the Europrotocol - change in OSAGO No. 6

The changes introduced provide for a new amount of the maximum insurance payment, which is carried out for road accidents registered without the participation of police officers (according to the Europrotocol). Now the amount has been increased from 50,000 rubles. up to 100,000 rubles

In addition, the Bank of Russia is now given the right to determine the form of notification of an accident according to the European Protocol.

Compensation for damage from the culprit of the accident - change in OSAGO No. 7

The maximum amount of insurance payments for OSAGO is accepted:

400 000 rub. - for cars and other property;
RUB 500,000 for health and life insurance.

The adopted innovations do not solve the issue of full compensation for damage from the culprit of the accident in the case when the sum insured for the restoration of the damaged vehicle is not enough.

Calculation of payments is made by insurers on the basis of a single methodology of the Central Bank. At the same time, payment for repair / replacement of spare parts is carried out taking into account their wear and tear. As a rule, OSAGO payments did not cover the cost of repairs by 100%.

For example, in a car that is 3 years old, the bumper was damaged as a result of an accident. This part is beyond repair and needs to be replaced. In such a case, the insurance company will pay the injured party only part of the cost of the bumper, and he will pay the difference himself. At the same time, the bumper is as good as new, but the insurance evaluates it as three years old.

According to general rules you can recover damages from the person responsible for the accident, even if he has an OSAGO policy. For example, if the repair of the vehicle cost the owner of a car 70,000 rubles, and the insurance company paid only 40,000 rubles. (taking into account wear), then the remaining 30,000 rubles. may be recovered from the guilty party.

However, such arithmetic takes place only on paper, since the courts in fact refused to satisfy such claims by car owners, referring to the methods of the Central Bank, and the Supreme Court supported this position.

At the beginning of 2017 persons who suffered as a result of the accident applied to the Constitutional Court of Russia. They tried to restore their rights and collect compensation from the insurance company for OSAGO, and the amount of damage from the party guilty of the accident. Prior to this, they had lost court cases in all instances, which did not give them the right to recover compensation from the culprit of the accident.

The Constitutional Court decided that the Central Bank methodology should be used exclusively for calculating OSAGO payments, and the injured party can demand the difference between the amount of the insurance payment and the amount of real damage from the perpetrator of the accident.

Consequently, the victim as a result of an accident under OSAGO is paid the amount, taking into account the wear and tear of damaged parts, however, he has the right to count on compensation for property damage in full. To do this, he will be required to prove that the actual amount of damage more than that that they received under insurance. In turn, the guilty party has the right to insist on an additional examination, which may become the basis for reducing the total amount of damages to the injured party.

Electronic policies - change in OSAGO No. 8

The new amendments also affected the fraudulent actions of persons who provide intermediary services.

Now the document obliges the car owner to personally fill out an application on the conclusion of a mandatory insurance contract on the insurer's website, as well as personally pay for the OSAGO policy itself.

The reliability of the electronic statement is checked at the special service of the Ministry of Internal Affairs of the Russian Federation or on the official website of the PCA ( Russian Union car insurers) where there is a relevant database.

The choice of service stations (service stations) - change in OSAGO No. 9

Previously, the client of the insurance company had practically no right to choose the place where his car would be restored after an accident, since the insurance company provided him with his own repair station (with which the repair contract was valid).

According to the new rules, the car owner, even at the stage of concluding an insurance contract, can choose a service station (service station), where his car will be repaired in the event of an accident. The insurance company provides a list of such service stations on its website, and the information (in it) is constantly updated and contains the following information:

Name and location;
Make and year of manufacture of cars serviced and repaired at this service station;
Approximate terms for carrying out repair work of various types.

Such a measure allows the car owner to independently study all the options and choose the best one for himself.

car service requirements

The service station, which is indicated in the direction for refurbishment, must meet the following requirements:

The period of repair work should not exceed 30 days;
The distance of the service station from the place of the accident / storage of the car should not exceed 50 km. In this case, the injured party has the right to independently choose from which place to calculate this distance (from the accident site or from the place of residence). Please note that this item is not taken into account if the insurer organizes (and therefore pays for) the transportation of your car to a service that is more than 50 kilometers away;
Preservation warranty obligations for those cars whose age does not exceed 2 years, since these cars should be repaired only by authorized dealers of a particular brand.

In the event that none of the presented options meets the listed requirements, the following options arise:

The owner of the car may agree to carry out a refurbishment at one of those stations with which the insurance company has current contract. For example, the driver may agree to voluntarily terminate the warranty to perform refurbishment not at the service of an authorized dealer;
The driver has the right to receive compensation in cash. It is important to understand here that the amount of insurance compensation will be less, since the payment is calculated taking into account the wear and tear of parts and spare parts.

"Bonus - Malus" coefficient without a policy - change in OSAGO No. 10

The Bonus-Malus coefficient (hereinafter referred to as CBM) is an indicator used by insurance companies at the time of calculating the insurance premium under the contract. Here, depending on the presence / absence of an accident, the KBM coefficient can be either decreasing or increasing. A special table of KBM for OSAGO allows you to quickly determine this indicator.

Please note that since 2017 the policy is detached from the car and is associated exclusively with the safe and accident-free driving of a particular driver. Now it is the driver who is assigned the KBM, which will vary depending on the absence / presence of an accident in his " track record". For this, 14 classes of KBM (individual) are used.

Currently, the insurer does not have the right to independently calculate the CBM. Now the PCA must develop and put into operation an automated system that will allow in real time for each driver to calculate his KBM. At the time of registration insurance policy information about the driver's MSC will be automatically transferred to the insurance company. According to experts, such a measure will effectively deal with abuses in determining the cost of insurance policies by insurance companies.

Now any driver can find out his own coefficient on the official website of the PCA (as according to the current currently policy, and according to information from the policy, the validity of which expired no more than 1 year ago).

In case of issuing a new OSAGO insurance policy, the car owner has the right to demand clarification of his personal KBM (in the PCA database) and taking it into account when forming the cost of the insurance policy.

Direct settlement in case of an accident with several participants - CMTPL change No. 11

Direct loss settlement is a situation in which, after an accident, the victim applies only to his insurance company.

If before the adoption of the innovations there was a condition: only 2 cars were damaged in an accident, then the new amendments allow the rules for applying only to your insurance in case of mass accidents (with the participation of 3 or more cars in an accident). The introduction of new rules is aimed at simplifying the rules by which registration of losses and car repairs after an accident is carried out.

It should be noted that opinions in the expert community are divided on this issue. After all, in order to organize the restoration of a car, the insurer needs to obtain consent from the insurance organization of the guilty party for the amount of money for the upcoming repair work. In the case when there are two, three or more perpetrators, this can take a very long time, and this is not regulated by law.

Who will not receive payment for the accident - changes #12

The new amendments to the OSAGO law do not allow the representative of the injured party to receive payments for it that were made during the accident. This innovation makes it meaningless to buy from the owners of cars damaged in an accident their rights to compensation for damage by automobile collectors. After all, the money will still not be paid for legal grounds.

In conclusion, it should be noted that the innovations have made tangible changes in OSAGO, but there are still many questions. It follows from this that even after the application of the OSAGO innovation, additional measures to reform this area.

MOSCOW, September 15 — RIA Novosti, Alexei Zakharov. The Ministry of Finance proposes to reform the law on OSAGO. His main idea is to divide policies into three types depending on the amount insured. About whether the OSAGO policy can become more expensive - in the material of RIA Novosti.

Premium insurance

The final amendments to the OSAGO law may be considered at a meeting at the Central Bank on September 16. The Ministry of Finance has prepared the text of the changes and proposes to divide the policies into three types, the Kommersant newspaper writes.

Do it slowly: the slowest cars in RussiaBuyers of new cars do not always pay attention to the acceleration time of the vehicle to 100 km per hour. RIA Novosti has compiled a rating of the slowest accelerating cars on the Russian market - some of them gain "hundred" more than 20 seconds. The list includes models from among the most popular new cars on the Russian market.

The cost of the policy under this scheme will depend on the sum insured. The first, "economical" option involves maintaining the limits of insurance payments of 400,000 rubles for damage to property and 500,000 for damage to health. "Standard" involves the expansion of the insurer's liability - up to 1 million rubles for each risk. The third, "premium" option will cover the damage with payments of up to 2 million rubles for all risks.

Probably, the "standard" and "premium" options will require additional payment. Under the current scheme, each car owner can voluntarily expand the liability limit of the policy at will - for an additional fee.

According to the Russian Union of Motor Insurers (RSA), the cost of an OSAGO policy is calculated on the basis of a base rate in the amount of 3,412 thousand rubles to 4,118 thousand rubles with the coefficients of the region, car power, length of service and age of the driver and his insurance history. When dividing the policy into classes, insurers will not be able to increase its base cost by more than 5 times, the draft of the Ministry of Finance says.

But experts have concerns that after the adoption of the amendments, not all insurance companies will offer policies of all three types. There are risks of insurance companies imposing more expensive OSAGO policies, Vyacheslav Lysakov, deputy head of the State Duma constitutional committee, believes.

Cheap and cheerful: affordable cars with "automatic"Nissan plans to bring to the Russian market the Datsun on-Do sedan, created on the basis of the Lada Granta model, with a Japanese Jatco automatic transmission. RIA Novosti reminds of those brands of new cars that cost up to 800 thousand rubles in the basic configuration and are equipped with an automatic transmission.

“Now people cannot get a policy even without reform and are forced to queue at night in a number of regions,” he told RIA Novosti. Lysakov offers insurance companies "to work better and not break the law."

The division of OSAGO into classes creates new problems for the market, Timur Kuzeev, an expert in insurance telematics at Meta System, agrees with Lysakov.

"A situation may arise when expensive policies with good coverage will not be available to motorists, or vice versa," he told RIA Novosti. It is unlikely that this will bring significant improvements to the market; rather, it is an attempt to manage payments in problem regions, the expert believes.

But insurance companies assured RIA Novosti that car owners would have no problems buying all categories of OSAGO policies.

"If insurance is mandatory, then insurance companies will be required to sell all three options," RIA Novosti said. official representative insurance company "RESO-Garantiya" Igor Ivanov. But the company will actively offer more expensive OSAGO in those cities where the loss ratio is higher.

The company is already actively selling additional voluntary civil liability insurance, Ivanov specified. According to his estimates, "class" amendments to the law on OSAGO can be adopted only next year.

But not all experts are sure that the amendments will be made in full. Lawyer Sergei Smirnov believes that the initiative to divide OSAGO into classes will not be accepted.

"The current system with a coverage of 400,000 rubles is quite sufficient for each victim, and I see no reason to change it," he told RIA Novosti.

OSAGO without power

The Ministry of Finance also proposes to change the methodology for calculating the OSAGO policy by abandoning the power factor. Now it is from 0.6 to 1.6, depending on engine power. But insurers consider it necessary to introduce a new coefficient - traffic violations. They propose to tie this indicator to the severity of violations. The highest - for driving at a red traffic light, driving under the influence of alcohol, exceeding the speed limit by more than 40 km per hour, crossing a double solid line. Insurers also propose to consider the reporting of false information to the insurance company and OSAGO fraud as violations that affect the coefficient. Expensive kilometers: how much does it cost to own a car in RussiaPwC experts have calculated the cost of owning a new car. Fuel, credit, insurance, maintenance, depreciation and others. How expensive is a car in Russia - in the material of RIA Novosti.

Some amendments to the document allow the insurer to replace cash payments under OSAGO by repairing a car at the nearest service to the place of residence of the victim and without taking into account the wear and tear of parts. In this case, the insurance company will be responsible for the repair, and the warranty period for the work will be at least 2 months.

The proposal of the Ministry of Finance requires calculations that have not yet been carried out, they say in the PCA. The union considers the fight against fraudsters to be a priority when discussing amendments to the OSAGO law, a representative of the union specified to RIA Novosti.

The average payment for OSAGO in June grew 1.4 times, to 67.6 thousand rubles, compared to the same month last year. At the same time, the average premium increased by 4%, to more than 6 thousand rubles. For 6 months, insurers have collected 114.5 billion rubles for the issuance of OSAGO policies, which is 21% more than in 6 months of 2015. However, payments jumped by a third, to 74.8 billion rubles.

Amendments to OSAGO 2017 were signed by the President and took effect on April 28, 2017. The new rules apply to all OSAGO policies concluded between insurers and car owners after April 28, 2017.

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

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

In this article:

What are the changes in the OSAGO law

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

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

The car is beyond repair.
Car repairs require an amount exceeding the insurance amount of 400 thousand rubles.
Damage has been caused to a property that is not related to the car.
The insurance was obtained within the framework of international insurance systems.
The insurance company cannot fulfill its obligations to repair a damaged car in any other way than by paying monetary compensation.
The accident was registered legally without the participation of police officers (with damage up to 100 thousand rubles), and the repair of the car exceeds this amount and the victim does not agree to pay extra money.
The car belongs to a disabled person of the first or second group, who in the application asks to pay money for repairs.

Generally, accepted norms aimed at combating existing mechanism taking money from insurance companies.

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

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

This practice brought enormous damage to the entire insurance market.

The adopted amendments affect the interests of not only insurance companies. OSAGO innovations directly relate to all car owners without exception, including those who have not had and do not plan to have an accident.

There are 11 amendments in total, nine of them relate to insured events in case of an accident, and two relate to the purchase of an OSAGO policy. Let's look at them briefly.

CMTPL change No. 1. Choice of service station

Previously, for the repair of a damaged car, the insurance company itself provided a repair station with which a repair contract was concluded. The client practically did not have the right to choose the place of repair.

Since 2017, the owner of the OSAGO policy has been legally assigned the opportunity to choose a car repair point. However, do not rejoice prematurely.

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

In this case, it remains only to agree to the repair point offered by the insurer. Why? Because according to the law, money cannot be received, and there are no other options, since they are not legally prescribed.

CMTPL change No. 2. Penalty for failure to meet deadlines for a car

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

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

If through the court, then the money can be obtained with difficulty (due to the lack of accumulated judicial practice), and you will have to spend a lot of nerves.

Amendment of OSAGO No. 3. The amount of compensation for the evacuation of the car

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

That is, if you paid for the delivery of the car, you can count on the payment of compensation. No receipt means no expenses and money cannot be received.

The new rules set a maximum delivery limit of 50 km. No more. If the repair station you know is located at a distance of 51 km from the point of accident or storage of the car, then formally the insurer has the right to disagree with such transportation.

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

CMTPL amendment No. 4. Direct settlement in case of an accident with several participants

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

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

However, not all the expert community shares this opinion. To organize the restoration of the car of the injured client, his insurer needs to obtain from the insurance company of the person responsible for the accident the consent of the monetary amount of the forthcoming repair.

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

CMTPL change No. 5. Increase in payments under the Europrotocol

New amendments to OSAGO raise the maximum amount of damage to 100 thousand rubles due to an accident, issued without the participation of traffic police officers (according to the Europrotocol). This rule will apply throughout the country.

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

It is hardly worth getting upset because of the reduction in the maximum amount of damage in an accident, which is drawn up independently by drivers.

It is important to remember that in case of an error in assessing the damage, when an amount of more than 100 thousand rubles is required for a real repair, the excess amount will have to be paid extra by the author of the traffic accident.

CMTPL change No. 6. Full compensation for damage from the culprit of the accident

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

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

Formerly the cause of the shortage Money was for repairs high price for new parts. Since 2017, the insurance company is not entitled to take into account the depreciation of car components to be replaced.

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

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

The protocol was drawn up without the participation of traffic police officers, accepted by the insurer and the car was repaired. In the course of the work, it was found that full recovery car requires an amount exceeding the maximum amount of money set for the Europrotocol.

In this case new law the obligation to pay the difference rests with the injured party. The logic is as follows: he himself drew up the protocol, pay extra himself, that is, bear responsibility for independent decision. Whether this is correct or not, law enforcement practice will show.

CMTPL amendment No. 7. Grounds for a regressive claim

A regressive claim is an official claim by an insurance company against the perpetrator or perpetrators of an accident, filed with the court in order to receive the full sum insured spent by the insurer on car repairs.

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

The state of intoxication (alcoholic, narcotic, etc.) of the perpetrator at the time of the accident, confirmed by the examination.
Refusal of the perpetrator of a car accident from medical expertise to a state of intoxication.
Use in violation of the requirements of the Rules of the Road after the commission of a car accident by its culprit alcoholic beverages, as well as narcotic or psychotropic substances.
Causing harm by using a car with a trailer to it in violation of the terms of the OSAGO policy (there is no record in the policy about the possibility of driving a car with a trailer to it).

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

The new law does not allow the insurer to present regressive claims to the following accident participants:

Pedestrian injured in a road accident by injury or injury or death involving the insured vehicle.
Relatives and heirs of a pedestrian for whom a car accident ended in death.

Thus, in the event that a claim is made in court by insurers against these categories of citizens, such a claim will be rejected.

OSAGO change No. 8. OSAGO electronic policies and traffic police fines

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

The inspector can perform such checks in the presence of the Internet and its media (smartphone, tablet, laptop, etc.).

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

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

The equivalence of an electronic policy or its printout to a paper original is recognized.
There is a record of the driver's right to present a printout of an electronic policy for verification.
Excluded punishment in the form of removal of numbers.

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

Adviсe:

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

Amendment to OSAGO No. 9. Bonus-Malus coefficient without OSAGO policy

The bonus-malus coefficient (hereinafter referred to as CBM) is a discount to the driver for careful driving without an accident, which reduces the cost of the policy. This coefficient can be both lowering and increasing the cost of buying OSAGO. KBM determines the class of the driver at the beginning of the purchase of the policy.

Since 2017, the policy has been detached from the car and associated with the driver's accident-free driving. Now each driver, and not a car, is assigned its MSC, which changes during emergency driving. 14 individual KBM classes are used.

The main thing is that linking the policy to the driver will increase the cost of the OSAGO policy if there are no restrictions for drivers allowed to drive a car.

It is important to know:

Now the insurer is not entitled to independently calculate the KBM. RSA is obliged to develop and implement an electronic automated system that provides real-time calculation of the KBM for each driver. When a driver purchases a policy, the data on its calculated coefficient will be automatically transferred to the insurance company issuing the OSAGO policy. The introduced procedure, according to experts and legislators, is aimed at eliminating abuses by insurance companies when calculating the price of a policy being sold.
Currently, any driver can find out his coefficient on the PCA website according to the data of a valid policy or a policy that expired no more than a year ago. When applying for a policy, you have the right to require an employee of the insurance company to check your individual KBM against the PCA database and use it when calculating the cost of OSAGO.

OSAGO change No. 10. Who can drive without OSAGO

vehicle owners, maximum speed which, according to their technical capabilities, cannot reach more than 50 km per hour, are not required to purchase an OSAGO policy (previously 20 km per hour).

Drivers of vehicles with technical characteristics, according to which these vehicles are not subject to the requirements for the admission of vehicles to operation and participation in road traffic on public roads and (or) state registration, policies are also not purchased.

CMTPL amendment No. 11. Who is not entitled to receive payment for an accident

The new amendments to the OSAGO law do not allow the representative of the injured driver to receive payments for him, compensating for the damage incurred in the event of a car accident. Now the meaning of buying back from the owners of damaged cars by car collectors their rights to compensation for damage is lost (the money will still not be paid on completely legal grounds).

Conclusion or what the year 2017 has in store for us

Despite the implementation of OSAGO reforms, it remains unclear a large number of questions. Therefore, it cannot be ruled out that after the implementation of OSAGO innovations, additional reforms will be required.

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

Terms of repair according to OSAGO

The new law changed the deadline for providing a car for re-examination. This norm stipulates that in case of failure to present the car for a primary independent examination, the driver is obliged to deliver the car for re-examination within 7 working days (previously it was 20 days).

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

OSAGO law with latest changes 2017 has many uncertainties as well as positive and negative points. But what is more, the time will show the practical application of all the provisions of the new law.

And to the rhetorical question "What to do?" There are simple answers so far:

Thoroughly know the traffic rules, for example, remember that before you make a maneuver, you must always turn on the turn signal.
Traveling by car should only be in compliance with all traffic rules without exception, not to make accidents and not get into them.
Remember the proverb "quieter you go - you will continue." At the same time, “you will continue” not from the place you are going to, but from the hospital, prison or graveyard (pah, pah).

Good luck driving and God bless you on all journeys.

The long-awaited (primarily for insurance companies) OSAGO reform continues to stall. As previously reported, from January 1, 2017, only the electronic form of the policy came into effect in the field of OSAGO. The rest of the innovations (for example, increasing coefficients for accidents and especially the “in-kind compensation” that worries all motorists) will most likely be postponed until January 1, 2018.

If everything is more or less clear with increasing coefficients for accidents: you drive carelessly - pay, then you really need to deal with the replacement of payments for centralized repairs. It would seem that the question here was initially quite simple: in some cases it is really more convenient when the insurance company tells where and what time to deliver the victim to car accident and when to pick it up already repaired.

Maybe it's really easier not to worry, not to look for a suitable car service, not to order spare parts ... However, if, on the contrary, you prefer to do everything yourself (and you have time for this), you should be able to receive a payment in cash, as before. That is, the key point, as it is seen by us, clients - those who are always right in the civilized world of capitalism - should be freedom of choice. However, it is precisely this that is being deprived of us: today, if you want it or not, you will receive money and you will run around in search. And tomorrow - only "natural compensation", only repairs!

Of course, if you carefully read the bill - there are some exceptions. It is supposed to leave the payment in cash in the event of the death of the driver or his severe injuries. The same thing - if the car owner is already a disabled person of the first or second group (but for some reason only once every three years). And also - in the event of a car death: if it cannot be restored or the cost far exceeds the OSAGO limit (today it is 400 thousand rubles), and the owner decided not to pay extra for repairs out of his own pocket.

However, the main message of the reform is not to give real money to people. They justify this by the need to protect insurance companies from fraudsters. The fact is that in the conditions of the crisis, OSAGO payments suddenly turned out not only to be a source of funds for paying for car repairs (and, accordingly, supporting this industry), but also attracted numerous auto lawyers, and even outright swindlers.

The schemes used by scammers, as a rule, are not particularly creative, they are more or less known to insurers. For example, components of expensive cars are temporarily replaced with broken ones, then an accident is staged and an insurance claim is demanded. And after receiving a cash payment, they return their native (whole) spare parts to their place. The car is then sold, the operation does not affect its value - after all, in reality, it did not get into an accident.

Insurance companies, of course, conduct proceedings on suspicious cases, search for witnesses, conduct examinations. collected materials sent to the local police department. But - alas - the district police officers who are charged with the duty to investigate, as a rule, do it without excessive zeal: they already have enough cases, and at the same time they often have neither the experience nor the necessary qualifications to carry out such specific actions. As a result, fraudsters usually receive a refusal to initiate a criminal case, which they then present in court as evidence of their innocence.

There are other ways. Feeds around OSAGO payments great amount lawyers, and not all of them really want to help their client. Most often, “black” auto lawyers, arriving at the scene of an accident, immediately offer to buy from the victim of the accident his right to claim against the insurer for future OSAGO payments. They say that "the insurers will pay nothing" or "they will pay little". How much does it take to persuade a person who is in a state of stress, if not shock, after an accident? And people often agree to get a little money "here and now." Well, a car lawyer later begins to make excessive demands on insurers, to sue them - and not without success.

That is why the managing director of the National Rating Agency (NRA) Pavel Samiev believes that the reform should not be postponed in any case: “Now is not the best good time for such experiments, since this does not solve the issue of the losses that “black” auto lawyers bring to the industry today. If we leave the opportunity to receive monetary compensation instead of in-kind compensation for another year and a half, insurance companies will be forced to take extreme measures to compensate for the damage from the actions of such “intermediaries”. According to preliminary data, the damage from their activities in 2015 amounted to 18 billion rubles, in 2016 - at the level of 40 billion. Of these, 25 billion are court payments, collection write-offs - 15 billion rubles. It is likely that the tariffs for OSAGO will increase, but, most likely, insurance companies will not agree to this until 2019, since tariff measures in the current situation would only increase the activity of criminal auto-fraud lawyers, increasing their margins. But they can. However, this short-term support measure global problems will not solve the industry."

So, the deputies of the State Duma are discussing the possibility of postponing the OSAGO reform to January 1, 2018. This is reported by Vedomosti with reference to Anatoly Aksakov, chairman of the State Duma committee on the financial market, and a certain “representative of the Central Bank”. At the same time, the Central Bank, representing the interests of insurers, actively opposed such a postponement.

Central Bank Chairman Elvira Nabiullina believes that the reform should be carried out as soon as possible: if decisive measures are not taken, then in 2017 OSAGO may become unprofitable. Indeed, in 2016, the Central Bank had to limit the activities of two large insurers - Uralsib and Zhaso, both of which had OSAGO payments in to a large extent exceeded insurance premiums. In other words, they paid more money than attracted them from car owners. Rosgosstrakh also registered an excess of payments, but the Central Bank decided not to revoke its license yet.

As a result of heated discussions, a compromise was reached: in-kind compensation will be introduced in a number of problem regions (deputies like to call them "toxic"). That is, it is precisely there, in the patrimony of "black" auto-lawyers, where fraud flourishes. For example, in St. Petersburg and Moscow there are no such massive violations - all insurers recognize this. But problem regions are not only republics North Caucasus. Their list reaches, according to various sources, thirty - more than a third of the subjects of the Federation. Pilot regions where repairs will be introduced instead of payments this year will be determined by the Central Bank.

Recall that the President of the Russian Federation Vladimir Putin gave the order to “amend” the law on OSAGO in April 2016. It was assumed that the Ministry of Finance and the Central Bank will develop a bill - and the State Duma will adopt it in the fall. But, as is usual with us, officials did not have time to develop a new law. As a result, a completely different bill was adopted in the first reading, albeit on the same topic - from deputy Mikhail Yemelyanov. Attempts to bring it to mind by amendments have not yet been successful - deputies and officials are mired in discussions.

Evgeny Ufimtsev, executive director of the RAMI, considers: one of the key points reform is that during the restoration repair, the wear of parts is not taken into account. Accordingly, its phased implementation will lead to the fact that car owners in one region will receive full compensation for damage, that is, without taking into account wear and tear, and car owners in another region (with monetary compensation) will have to pay extra for wear and tear. Thus, the expert believes, the meaning of the reform will be distorted.

“We believe that the rules should be the same for everyone,” says Evgeny Ufimtsev. - Introduction of changes only for certain subjects Russian Federation unacceptable, since in this case the purpose of the amendments is not achieved - improving the rights and legitimate interests of the victims without increasing the tariff for OSAGO.

As for the fight against "black" lawyers in several individual pilot regions, the executive director of the PCA is sure that it will not have results until repairs instead of payments are introduced throughout the Russian Federation. “If a proposal is adopted to make repairs mandatory only in certain territories, auto lawyers will simply reorient their business in territories where the priority of repairs is not established, which will not lead to a serious economic effect from the innovation,” the expert is sure. - There are many controversial issues in such a construction, for example, those related to the place of an accident and the region for compensation for losses. If the victim is registered in a “toxic” region, and got into an accident, for example, in Moscow, what compensation can he expect - in kind or in cash? And if a person temporarily registered in one region in order to issue a policy? There is room for abuse here.”

Indeed, such measures provoke a lot of options for illegal enrichment. Auto-lawyers can easily bypass the "natural" in problem regions, since according to the law, you can sue at the place of temporary registration. “The industry will continue to incur losses, and this may lead to the fact that insurance companies will begin to issue licenses for the sale of OSAGO policies, and their shortage will again arise,” Evgeny Ufimtsev believes.

This position of Evgeny Ufimtseva is also shared by Pavel Samiev: “I'm afraid that some insurance companies will simply start issuing licenses for the sale of OSAGO, no one will work at a loss. In addition, a number of other problems are possible: large-scale technical failures on the websites of insurance companies, where today you can issue electronic OSAGO policies, queues at offices due to a shortage of policies, a new round of activity from scammers who forge policies, additional costs for car owners due to additional payments for new spare parts . Let's also not forget the problems of a general economic nature (inflation and fines for driving without a policy) and road safety issues. The reform removes all these problems.”

However, there is another opinion. So, a member of the central headquarters of the All-Russian Popular Front, Viktor Klimov, said in an interview with Izvestia that, according to the results of a relevant study, the ONF does not see any need to replace cash payments for OSAGO with repairs. According to Viktor Klimov, such a reform is beneficial only to insurers. Although he does not deny the problems and losses associated with the activities of "black" lawyers.

Alas, miracles do not happen - and it is unlikely that "repairs instead of payments" will be able to save us from the growth of tariffs for OSAGO. There is, of course, another option. Tariffs can not be increased, but the difference between insurance payments, which are calculated taking into account the wear and tear of parts, and the cost of the actual repair, hang on the culprit of the accident. Right now, the Constitutional Court is considering this issue on the complaint of four car owners from the Krasnodar Territory. Their position was supported by representatives of the president and the government in the Constitutional Court, Mikhail Krotov and Mikhail Barshchevsky. So motorists will have to fork out in any case - not now, but in a year or two.