Sanatorium and resort vouchers. Sanatorium-resort treatment: who is entitled to it for free, how to get it

What is this song about

In theory, the principle of MTPL is simple: if you only crash your car, you can throw it in a landfill, or repair it at your own expense, it’s your business. Insurance own car According to the laws of the Russian Federation, it is optional (although when purchasing on credit, the bank will require it). But the threat you pose to other road users is required by law 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 survived the accident, or how far your home 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 compulsory motor liability insurance operates. It gets worse with practice. The fact is that compulsory insurance was first introduced in America 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 have emerged 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 in and shaking out.

How it works in Russia

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

Even a whole layer of “automotive lawyers” has emerged - people who buy the right to bring claims under compulsory motor liability insurance from victims of road accidents (beneficiaries). That is, they pay the owner of the damaged car in cash an amount for which he can get it repaired 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 replaced, but the body , radiator and engine. In accordance with the decision of the Plenum of the Supreme Court dated January 29, 2015, in the event of even partial recognition of the claims by the court, the “car 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 unjustified refusal, and - on top - compensation moral damage. That is, the total amount of payment that the court can award 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 problems

This, of course, arises interesting question about the economics of this whole business. Because on the payers' side - that is, on your and my side - registration of compulsory motor liability insurance is obligatory, like a transport tax. And for insurance companies, the laws of the market apply here. That is, no Russian insurer is obliged to sell MTPL policies. Anyone has the right to enter this market: join an SRO called the Russian Union of Auto Insurers (RUA), obtain a license, and start selling insurance. But if the market is regulated in such a way that the business turns out to be unprofitable, anyone can exit in the same way as they entered. Moreover, today there are much more exited players than active ones: the list of active members of the RSA includes 70 legal entities, the MTPL license of 110 companies has been revoked, and 149 insurers that were previously members of the union have left or been expelled from the union...

At the end of 2016, 16 insurance companies involved in compulsory motor liability insurance had payments for insured events exceeding revenue. In particular, the largest player in this market, Rosgosstrakh, sold MTPL policies for 54.67 billion rubles and paid out 68.85 billion rubles to the insured. In total, I suffered 14.18 billion rubles in losses 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 fines imposed by the courts - where the beneficiaries were “car lawyers”. Of the 16 insurers that found themselves in the red under compulsory motor liability insurance, 14 are no longer selling the service this year. Rosgosstrakh, however, remained and hopes for reforms.

In addition to the complete withdrawal of companies from this market, they may also refuse to serve certain constituent entities of the federation, which are called “toxic” in insurance business slang. Today these are Rostov-on-Don, Krasnodar Territory, Volgograd, Chelyabinsk, Murmansk - regions where payments under compulsory motor liability insurance last year amounted to about 170% of insurers’ revenue, and in individual regions reached 300% - thanks to the success of “traffic lawyers” in local courts.

How to turn a bad deal into a profitable one

If this insurance were a purely commercial product, there would be two options: either they will stop selling it (as 14 out of 16 companies did at the end of 2016), or prices will not increase. But the MTPL policy cannot disappear: it is forbidden to drive a car without it. But prices cannot rise because they are regulated by the Central Bank. Where the law of the state enters into an insoluble 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 MTPL policy is the price of a sheet of paper, a pinch of toner and printer depreciation. And when issuing a policy electronically (which has been legislated everywhere since January 1 of this year), these expenses are not necessary. Losses occur only after payments for insured events begin. If before that interesting moment not to finish it, but to run away with the proceeds in time, then the business turns out to be more profitable than any drug. Where Rosgosstrakh, grunting, writes down 14 billion at a loss, the son of a Turkish citizen will boldly register the insurance company “Horns and Hooves” 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 the ice in the direction of the Romanian border... Food for thought: since July 2004, the supervisory authorities (FSSN, FSFM, Ministry of Finance, Central Bank) have revoked 1293 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. Some went bankrupt, some were not liked by the regulator, and some went to Romania on ice... For the clients of all these 1293 insurers whose licenses 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.

The illegal scheme is the lot of those very “reputable” insurance companies who cannot just run away on the ice with money. When it is not profitable for them to sell an MTPL policy (for example, in a “toxic” region), then they do not sell it. Or rather, they sell - but only to those who buy commercial insurance from them. According to statistics, MTPL clients account 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 “auto lawyers” in buying up claims, is the transition to a natural form of settlements between insurers and victims. That is, instead of cash payments insurance companies want to carry out repair work. Of course, not with our own strength, but with the hands of subcontractors. Select in different regions authorized service stations, bend them on price, and pay the beneficiary in kind in the form of a repaired car on the move. Thus, knocking both the ground and the stool out from under the feet of the “traffic lawyers”. Because “auto lawyers” do not need the repaired cars of their clients at all. They need the difference between the actual repair estimate and what they can sue in real money for their pocket.

The reform project was not invented yesterday; it took a long time to agree between the RSA and the Ministry of Finance; there is a large article in Vedomosti about the level of subjectivity of these buttings. We agreed, in particular, that all work performed by a service station authorized by the insurer is guaranteed for 6 months, and for body work - for a year. The insurers also agreed to “take over the wear and tear”, i.e. replace a damaged five-year-old part not with a serviceable five-year-old part, 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 had a lot of fresh proposals for reforming the industry. At 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 vehicles"(dated May 7, 2002).

Legislators who are not indifferent to the issue have been throwing out a ton of priceless ideas since December, from populist to spring. One of the populist ones is 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 a given region. If a person wants to get repairs done, say, at the official Merc dealer in Zhukovka, that’s his right. If the car is new, before the warranty period and/or mileage has expired, then it can only be serviced by the official service center of the brand, even if there is no such service within a radius of 200 km from the accident site. Also, during the period of 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 can only be done in the region whose code appears on the license plates is especially interesting. Insurers are shocked by this proposal, because evacuation is their expense. They want to repair a car with Irkutsk license plates that has been damaged in the resorts of the Krasnodar Territory in Sochi garages, and not drive it to Irkutsk. The bill, which was agreed upon between the RSA and the Ministry of Finance, refers to the nearest service station to the scene of the accident, and not to the registration of the vehicle.

The deadline for the amendments to enter into legal force was supposed to be the first day of spring (the amendments were given until January 14 - a month after the first reading). But given the current abundance of proposals that are incompatible with each other, 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 relevant committee will hit the table with their boot and bring up for the second reading a package that will then have to be corrected and refined for another 15 years.

And just as you and I didn’t know that we were buying under the guise of an MTPL policy, we will continue to not know... 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 force. These amendments establish priorities for in-kind compensation (in the form of restoration repairs of damaged cars) over previously prevailing insurance payments.

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

New MTPL rules: who do they apply to?

It should be noted right away that the new rules will only apply to new MTPL contracts, the conclusion of which occurs after 04/28/2017. and exclusively for passenger cars owned by individuals and registered in the Russian Federation.

Regarding 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 affected insurance cases in case of accidents, and two concerned the procedure for purchasing an MTPL policy.

In this article we will look at the changes in more detail.

Repair under compulsory motor liability insurance instead of money - innovation in legislation No. 1

The main change is the one made by Federal Law No. 49-FZ of March 28, 2017 to the law on compulsory motor liability insurance. According to this document: the insurance company repairs the damaged car at its own expense at a service station, and does not pay money to the injured party.

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

On at the moment You can receive money for repairs in the following individual cases:

A car cannot be restored after an accident;
To repair a damaged car, an amount of more than 400,000 rubles will be required;
The damage was caused to a property that is not related to the car;
Insurance was obtained 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 paying monetary compensation;
A specific accident was registered without the participation of police officers, which is possible in cases where the damage does not exceed 100,000 rubles. However, the amount it will cost to repair the car exceeds the above and the victim refuses to pay extra with his own funds;
The car owner is a disabled person of group I or II and submits an application in which he asks to pay monetary compensation for repairs.

Who can drive without a policy - change to OSAGO No. 2

Vehicle drivers should not purchase policies technical specifications which are those that are not subject to the requirements for vehicle approval for road use public use and/or state registration (previously the requirements for limiting the maximum speed of such vehicles were 20 km/h).

Penalty for failure to comply with repair deadlines - amendment to OSAGO No. 3

If a car owner who is recognized as a victim as a result of an accident agrees to carry out restoration repairs at a station that has an agreement with the insurer, then within 20 calendar days he must be given a direction to repair the car.

In the case when a driver wants to have his car repaired by a third-party service, the period for issuing a notification can be increased 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 total damage caused.

Compensation for towing a car - change in compulsory motor liability insurance No. 4

If previously the amount spent on delivering a car from the scene of an accident 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 delivery, received a document/check on the basis of which these costs 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 the car and paying for this service rests with him (for his own money he can transport the damaged car to any place).

Grounds for a regressive claim - amendment to OSAGO No. 5

Regressive risk is a return claim from 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:

Road accidents that occurred due to the intent of the culprit;
The culprit at the time of the accident was in a state of alcohol or other type of intoxication and this is documented;
The participant in the accident who was found to be at fault did not have the right to drive the vehicle;
The driver found to be at fault for the accident is not included in the car owner's insurance policy;
The culprit fled the scene of the accident;
The accident occurred during a time period that is not covered by the insurance policy;
The insurance company did not receive documents about the accident that occurred in statutory 5-day period;
The guilty party has already started repairing/disposing of the vehicle;
At the time of the traffic accident, the validity of the maintenance coupon (diagnostic card) expired;
At the time of concluding the insurance contract electronically, 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 - amendment to 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 rub.

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

Compensation for damage from the culprit of the accident - amendment to OSAGO No. 7

The maximum amount of insurance payments under compulsory motor liability insurance is accepted as follows:

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

The adopted innovations do not resolve the issue of full compensation for damage from the culprit of an accident in the event that the insured amount for the restoration of the damaged vehicle is not enough.

Payments are calculated by insurers based on the unified methodology of the Central Bank. At the same time, payment for repairs/replacement of spare parts is carried out taking into account their wear and tear. As a rule, payments under compulsory motor liability insurance did not cover the cost of repairs 100%.

For example, a 3-year-old car’s bumper was damaged as a result of an accident. This part cannot be repaired and must 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 looks like new, but the insurance company estimates it to be three years old.

According to general rules You can recover damages from the culprit of an accident, even if he has a compulsory motor liability insurance policy. For example, if the car owner’s vehicle repair cost 70,000 rubles, but the insurance company paid only 40,000 rubles. (including wear and tear), then the remaining 30,000 rubles. can 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, citing 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 appealed to the Constitutional Court of Russia. They tried to restore their rights and recover compensation from the insurance company under compulsory motor liability insurance, and the amount of damage from the party at fault for the accident. Before this, they had lost in all cases in court, which did not give them the right to recover compensation from the person responsible for the accident.

The Constitutional Court decided that the Central Bank's methodology should be used exclusively for calculating payments under compulsory motor liability insurance, and the injured party can demand the difference between the amount of the insurance payment and the amount of actual damage from the culprit of the accident.

Consequently, the victim of an accident as a result of compulsory motor liability insurance is paid an amount taking into account the wear and tear of damaged parts, but 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, which he received through 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 compensation for damage to the injured party.

Electronic policies - change to OSAGO No. 8

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

Now the document obliges the car owner to personally fill out an application on the insurer’s website for concluding a mandatory insurance contract, as well as personally pay for the MTPL 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 RSA ( Russian Union automobile insurers), where there is a corresponding database.

Selecting a service station (service station) - change to 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 its 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 in the event of an accident his car will be repaired. The insurance company provides a list of such service stations on its website, and the information (presented therein) is constantly updated and contains the following information:

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

This measure allows the car owner to independently explore all the options and choose the one that best suits him.

Requirements for car services

The service station indicated in the direction for restoration repairs must meet the following requirements:

The duration 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 place of the accident or from the place of residence). Please note that this point is not taken into account if the insurer organizes (and therefore pays for) the transportation of his car to a service station that is more than 50 kilometers away;
Saving warranty obligations for those cars whose age does not exceed 2 years, since these cars should be repaired only by official 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 restoration repairs at one of those stations with which the insurance company has current contract. For example, a driver may agree to voluntarily terminate the warranty and perform restorative repairs not at the service of an official 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.

Bonus-malus coefficient without a policy - change in compulsory motor liability insurance No. 10

The Bonus-Malus coefficient (hereinafter referred to as BMR) 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 BMC coefficient can be either decreasing or increasing. A special KBM table for compulsory motor liability insurance allows you to quickly determine this indicator.

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

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

Now any driver can find out his own coefficient on the official RSA website (as according to the current present moment policy, and according to information from a policy that expired no more than 1 year ago).

In the case of issuing a new MTPL insurance policy, the car owner has the right to demand clarification of his personal KBM (in the RSA database) and take it into account when determining the cost of the insurance policy.

Direct settlement in case of an accident with several participants - amendment to OSAGO No. 11

Direct settlement of losses 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 the accident, then the new amendments allow rules for contacting only your insurance company in cases of mass accidents (involving 3 or more cars in an accident). The introduction of new norms is aimed at simplifying the rules by which claims and repairs of cars are processed after an accident.

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

Who will not receive payment for an accident - changes No. 12

New amendments to the law on compulsory motor liability insurance do not allow the representative of the injured party to receive payments for it that were incurred during the accident. This innovation makes it meaningless to buy back from the owners of cars damaged in an accident their rights to compensation for damage from automobile collectors. After all, the money will not be paid anyway legally.

In conclusion, it should be noted that innovations have made significant changes to compulsory motor liability insurance, but many questions remain. It follows from this that even after the implementation of the MTPL innovations, there will be a need for additional measures to reform this area.

MOSCOW, September 15 – RIA Novosti, Alexey Zakharov. The Ministry of Finance proposes to reform the law on compulsory motor liability insurance. His main idea is to divide policies into three types depending on the sum insured. Read about whether OSAGO insurance policies can become more expensive in the RIA Novosti article.

Premium insurance

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

Do it slowly: the slowest cars in RussiaBuyers of new cars do not always pay attention to the vehicle's acceleration time to 100 km per hour. RIA Novosti has compiled a rating of the slowest accelerating cars on the Russian market - some of them take more than 20 seconds to reach “hundreds” of speed. 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 at 400 thousand rubles for damage to property and 500 thousand for damage to health. “Standard” involves expanding the insurer’s liability - up to 1 million rubles for each risk. The third, “premium” option will allow you to cover damage with payments of up to 2 million rubles for all risks.

It is likely that the “standard” and “premium” options will require additional payment. Under the current scheme, each car owner can, if he wishes, voluntarily expand the policy liability limit - for an additional fee.

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

But experts have concerns that after the amendments are adopted, not all insurance companies will offer policies of all three types. There are risks of insurance companies imposing more expensive MTPL policies, says Vyacheslav Lysakov, deputy head of the Constitutional Committee of the State Duma.

Cheap and cheerful: affordable cars with automatic transmissionNissan plans to introduce the Datsun on-Do sedan to the Russian market, based on the Lada Granta model, with a Japanese Jatco automatic transmission. RIA Novosti reminds us 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 suggests that insurance companies “work better and not break the law.”

The division of compulsory motor insurance into classes creates new problems for the market, Meta System insurance telematics expert Timur Kuzeev 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 will not have problems purchasing all categories of MTPL policies.

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

The company is already actively selling additional voluntary civil liability insurance, Ivanov clarified. According to his estimates, “class” amendments to the law on compulsory motor liability insurance can only be adopted next year.

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

“Today’s system with coverage of 400 thousand rubles for each victim is quite sufficient, and I see no point in changing it,” he told RIA Novosti.

OSAGO without power

The Ministry of Finance also proposes to change the methodology for calculating the MTPL policy by abandoning the power factor. Now it ranges from 0.6 to 1.6 depending on engine power. But insurers consider it necessary to introduce a new coefficient - traffic violations. They propose linking this indicator to the severity of the violations. The highest - for running a red traffic light, driving while intoxicated, speeding by more than 40 km per hour, crossing a double solid line. Insurers also propose to consider reporting false information to the insurance company and MTPL fraud as violations that affect the ratio. Expensive kilometers: how much does it cost to own a car in Russia?PwC experts have calculated the cost of owning a new passenger car. Costs for fuel, credit, insurance, maintenance, depreciation and others. How expensive a car is in Russia is in the RIA Novosti article.

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

The Ministry of Finance's proposal requires calculations that have not yet been carried out, they say at RSA. The union considers the fight against fraudsters a priority when discussing amendments to the law on compulsory motor liability insurance, a representative of the union clarified to RIA Novosti.

The average payment under compulsory motor liability insurance in June increased 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. In 6 months, insurers collected 114.5 billion rubles for issuing MTPL policies, which is 21% more than in 6 months of 2015. However, payments jumped by a third, to 74.8 billion rubles.

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

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

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

In this article:

What changes are there in the MTPL law?

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

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

The car cannot be restored.
To repair a car, an amount exceeding the insured amount of 400 thousand rubles is required.
Damage was caused to a property not related to the car.
Insurance was obtained within the framework of international insurance systems.
The insurance company cannot fulfill its obligations to repair the damaged vehicle in any way other than paying monetary compensation.
The accident was registered legally without the participation of police officers (for damages up to 100 thousand rubles), but the car repairs exceed this amount and the victim does not agree to pay extra money.
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 standards 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 the right to compensation for damages from the participants in the accident at a low price and, by filing fraudulent claims through the courts, sought to pay them the maximum possible sums of money.

This practice caused enormous damage to the entire insurance market.

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

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

Change to OSAGO No. 1. Selection of service station

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Previously caused by shortages cash came for repairs high price for new spare parts. Since 2017, the insurance company has no right to take into account the depreciation of car components that need to be replaced.

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

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

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

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

Amendment to OSAGO No. 7. Grounds for regressive claim

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

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

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

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

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

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

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

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

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

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

What to do 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 MTPL policies in the inspector’s job regulations. Therefore, the inspector confidently issues you a fine for not having a policy (policy - not purchased - fine 800 rubles; not with you - 500 rubles).

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

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

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

Adviсe:

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

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

The “bonus-malus” coefficient (hereinafter referred to as BMC) is a discount to the driver for careful driving without an accident, reducing the cost of the policy. This coefficient can be both lowering and increasing the cost of purchasing compulsory motor insurance. KBM determines the driver's class at the beginning of the policy purchase.

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

The main thing is that linking the policy to the driver will ensure an increase in the cost of the MTPL policy in the absence of restrictions on drivers allowed to drive a car.

Important to know:

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

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

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

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

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

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

Conclusion or what 2017 has in store for us

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

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

Repair deadlines for compulsory motor third party liability insurance

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

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

MTPL law latest changes 2017 has many uncertainties, as well as positive and negative points. But what more will happen, time will tell when all the provisions of the new law are put into practice.

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

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

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

The long-awaited (primarily for insurance companies) MTPL 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 compulsory motor liability insurance. Other innovations (for example, increasing accident rates and especially “in-kind compensation”, which worries all motorists), will most likely now be postponed until January 1, 2018.

If with increasing coefficients for accidents everything is more or less clear: if you drive carelessly, you pay, then replacing payments with centralized repairs really needs to be sorted out. It would seem that the question here was initially quite simple: in some cases it is really more convenient for the insurance company to tell you where and at 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 payment in money, as before. That is, the key point, as we see it, clients - those who are always right in the civilized world of capitalism - should be freedom of choice. However, this is exactly what we are being deprived of: today, whether you want it or not, you will get it in money and you will run around looking for it. And tomorrow - only “in-kind compensation”, only repairs!

Of course, if you read the bill carefully, there are some exceptions. It is expected that the payment will remain in cash if the driver dies or is seriously injured. The same applies 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 the loss of the car: if it cannot be restored or the cost far exceeds the limit for compulsory motor liability insurance (today it is 400 thousand rubles), and the owner decided not to pay extra for repairs from his own pocket.

However, the main message of the reform is not to give people real money. This is justified by the need to protect insurance companies from fraudsters. The fact is that in times of crisis, payments under compulsory motor liability insurance suddenly not only turned out to be a source of funds to pay for car repairs (and, accordingly, support 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 insurance compensation is demanded. And after receiving the cash payment, the original (whole) spare parts are returned to their place. The car is then sold, the operation does not affect its value - after all, in reality it was not involved in an accident.

Insurance companies, of course, conduct investigations into suspicious cases, look for witnesses, and conduct examinations. Collected materials sent to the territorial police authorities. But - alas - the district police officers who are charged with the responsibility of carrying out the investigation, 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 payments under compulsory motor liability insurance huge 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 in the accident his right to claim from the insurer to receive a future payment under compulsory motor liability insurance. They say that “insurers will not pay anything” or “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, the auto lawyer later begins to make inflated demands on insurers and 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 under any circumstances: “Now is not the best time.” good time for such experiments, since this does not solve the issue of losses that “black” auto lawyers bring to the industry today. If we leave the option of receiving 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 this, 25 billion were legal payments, collection write-offs - 15 billion rubles. It is also likely that tariffs for compulsory motor liability insurance 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 lawyers and fraudsters, increasing their margins. But they can. However, this short-term support measure global problems the industry will not solve.”

So, State Duma deputies are discussing the possibility of postponing the MTPL reform to January 1, 2018. This was reported by Vedomosti with reference to the Chairman of the State Duma Committee on the Financial Market Anatoly Aksakov and a certain “representative of the Central Bank”. At the same time, the Central Bank, which represents the interests of insurers, actively opposed such a postponement.

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

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 there, in the domain of “black” auto lawyers, where fraud flourishes. For example, in St. Petersburg and Moscow there are no such massive violations - all insurers admit 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 instead of payments will be introduced this year will be determined by the Central Bank.

Let us recall that Russian President Vladimir Putin gave instructions to “amend” the law on compulsory motor liability insurance in April 2016. It was assumed that the Ministry of Finance and the Central Bank would develop a bill and the State Duma would 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 Emelyanov. Attempts to bring it to fruition with amendments have so far been unsuccessful - deputies and officials are mired in discussions.

Evgeny Ufimtsev, executive director of RSA, believes: one of key points reform is that during refurbishment 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 compensation for damage in full, that is, without taking into account wear and tear, and car owners in another region (with monetary compensation) will be forced 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 Evgeniy Ufimtsev. - Introduction of changes only for individual subjects Russian Federation unacceptable, since in this case the goal of the amendments is not achieved - improving the rights and legitimate interests of victims without increasing the tariff for compulsory motor liability insurance.”

As for the fight against “black” lawyers in several individual pilot regions, the executive director of the RSA is confident that it will not have results until repairs instead of payments are introduced throughout the Russian Federation. “If the proposal to make repairs mandatory only in certain territories is adopted, auto lawyers will simply reorient their business to territories where the priority of repairs has not been established, which will not lead to a serious economic effect from the innovation,” the expert is sure. - In such a design there are many controversial issues, for example, related to the location of the accident and the region of compensation for losses. If the victim is registered in a “toxic” region, and has an accident, for example, in Moscow, what kind of compensation can he count on - in kind or in money? What if a person temporarily registered in one region to take out a policy? There is already potential for abuse here.”

Indeed, such measures provoke a lot of options for illegal enrichment. Automotive lawyers can easily bypass “straight” traffic 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 surrender licenses for the sale of compulsory motor liability insurance policies, and a shortage will arise again,” believes Evgeny Ufimtsev.

This position of Evgeniy Ufimtsev is shared by Pavel Samiev: “I’m afraid that some insurance companies will simply start handing over licenses for the sale of compulsory motor liability insurance; 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 MTPL policies, queues in offices due to a shortage of policies, a new round of activity from fraudsters who forge policies, additional costs for car owners due to surcharges for new spare parts . Let's also not forget general economic problems (inflation and fines for driving without a policy) and road safety issues. The reform eliminates all these problems.”

However, there is another opinion. Thus, 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 corresponding study, the ONF does not see the need to replace cash payments under compulsory motor liability insurance with repairs at all. According to Viktor Klimov, such a reform is beneficial exclusively for 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 rising tariffs for compulsory motor liability insurance. There is, of course, another option. Tariffs may not be increased, but the difference between insurance payments, which are calculated taking into account wear and tear of parts, and the cost of actual repairs will be borne by the person responsible for the accident. Right now the Constitutional Court is considering this issue based on a complaint from four car owners from the Krasnodar Territory. Their position was supported by representatives of the president and government in the Constitutional Court, Mikhail Krotov and Mikhail Barshchevsky. So motorists will have to shell out money in any case - not now, but in a year or two.