OSAGO- compulsory motor third party liability insurance for vehicle owners. The MTPL policy insures the driver's liability to other road users. Those. If the driver causes an accident, the damage to other persons will be compensated by his insurance company.
Maximum amount of compensation under compulsory motor liability insurance - 500,000 rubles for compensation for harm to life or health and 400,000 rubles for compensation for material damage to each of the victims of the accident. At the same time, the person at fault for the accident does not receive any money under compulsory motor liability insurance.
The MTPL policy is issued for a car. If a driver drives several cars, he will need to buy several insurance policies. If one car is driven by several drivers in turn, then one OSAGO policy is enough for them.
The cost of the MTPL policy is calculated individually for each driver and each car. However, all insurance companies use single formula for calculation. Therefore, if desired, the driver can determine the cost of the insurance policy for the next year.
Each year of accident-free driving reduces the cost of the MTPL policy for the next year. In this case, the driver’s bonus-malus coefficient (BMC) decreases by several percent. In practice, insurers may “lose” the driver’s BMR coefficient. To prevent this from happening, you need to regularly check the KBM and, if necessary, restore it in a timely manner.
The insurance policy is issued for 1 year and requires annual renewal. Starting from mid-2015, renewal of compulsory motor liability insurance is possible, including via the Internet.
MTPL insurance is mandatory, i.e. Every driver is required to have an insurance policy. For the absence of a policy, administrative liability is provided.
A driver injured in a traffic accident must contact the at-fault party's insurance company to obtain compensation. It is also possible to contact your insurance company if only 2 cars were injured in an accident and no people were injured.
OSAGO is compulsory motor third party liability insurance. This type of insurance is mandatory not only in our country, but also in many other developed countries of the world. But many still wonder whether OSAGO insurance is compulsory.
In particular, within the framework of this type of insurance, drivers insure their liability in case of harm to the health, life or property of third parties. Accordingly, if the driver is involved in an accident and is the culprit, the insurance company will cover the costs.
What is it for
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First of all, compulsory motor liability insurance was introduced as a social measure. This is a certain guarantee of compensation for damage caused during an accident. After all, previously, participants in road accidents faced such problems as car repair, treatment and restoration of health.
Of course, the person responsible for the accident had to pay for all this, but the victims did not always receive compensation for damage. Many people responsible for road accidents simply did not accept their guilt.
All this became the reason for long legal proceedings. In many cases, the existence of a court decision was also not a guarantee of payment.
Today everything has changed thanks to MTPL insurance. Instead of the culprit of the accident, the insurance company pays compensation to the victim. Everything is simple and easy. But it is worth noting that the amount of insurance is only 400,000 rubles.
Initially, payments were divided as follows:
- in case of injury to health, one victim was paid the maximum 160,000 rubles 240,000 rubles;
- in case of damage to property, one victim was paid the maximum 120,000 rubles, and if there are several victims, the maximum payment amount was 160,000 rubles.
But after legislative changes, the maximum amount of payment in case of injury to the health of third parties was not established.
Some experts believe that the introduction of compulsory insurance was necessary to increase the chances of joining the WTO
OSAGO insurance is a sphere of state regulation. The rules and procedure for insurance, as well as the size of tariffs, are established by the state. This means that insurance companies do not have the opportunity to independently set the amount of insurance premiums, as well as change the conditions and procedure of insurance.
Main settings
In accordance with current legislation, vehicles are sources of increased danger. Accordingly, their owners must compensate for the damage caused to third parties.
This is precisely why the MTPL insurance system was created. After all, every vehicle owner is interested in the possibility of compensation for the damage that was caused to them. And the insurance company pays the compensation instead of the driver. This is a pretty convenient scheme.
To purchase an MTPL policy, you must enter into an appropriate agreement with the insurance company. It is the agreement concluded between the vehicle owner and the insurance company that is the basis for covering losses caused to third parties.
Of course, only those companies that have the appropriate permit (license) can act as insurers. You also need to know that the law establishes the main points that must be included in the insurance contract.
The object of insurance is the property interests of the owner of the vehicle, which are associated with his obligation to compensate for losses caused to third parties.
In accordance with current legislation, the insurance company is obliged to compensate not only for damage caused to a vehicle or other property, but also for damage caused to the health of a third party.
How to understand whether OSAGO insurance is compulsory
Adjusting the rules
This area of insurance is subject to fairly thorough legislative regulation. The main legal acts that regulate this area are the Law on Compulsory Motor Liability Insurance and the Rules of Compulsory Motor Liability Insurance. Of course, some norms are also contained in the Civil Code of the Russian Federation.
The main purpose of having such careful legislative regulation is to ensure appropriate payments to victims of road accidents. This guarantee is implemented through the introduction of compulsory insurance.
At the same time, based on the principle of equality, the state establishes uniform tariffs and insurance rules. This means that insurance companies cannot set their own prices for their services, which could lead to inequality. Everyone knows that the price of compulsory motor insurance is the same throughout the country.
Of course, it also works, which makes it possible for some car owners to apply for compulsory motor liability insurance at a lower cost. In particular, if during the last year the car owner has not been involved in an accident, he can obtain a policy at a lower cost. And vice versa: if the driver caused an accident, then next year he will take out his policy at a higher price.
But in accordance with current legislation, owners of not all vehicles are required to purchase an MTPL policy. For example, owners of vehicles whose maximum speed does not exceed 20 km/h are exempt from insurance obligations.
Nuances of protection
When applying for an MTPL policy, you need to know that this type of insurance has a clear list of insured events, in the event of which the insurer compensates for the losses caused. The car owner should know that compulsory motor liability insurance is not vehicle insurance. This means that the insurer will not compensate for the damage caused to the vehicle if the owner of the accident is at fault.
What companies insure against under the MTPL policy:
These are the cases when the driver is protected by the MTPL policy. The main thing that a driver should know about MTPL insurance is that he insures his liability, i.e. guarantee of compensation for losses that were caused specifically to them. Many people mistakenly think that MTPL also protects against car theft. Actually this is not true.
If a driver wants to protect his car, he must use CASCO insurance, which is a voluntary type of insurance. CASCO makes it possible to insure a car. This means that the insurer is obliged to cover the damage caused to the vehicle.
In this case, the driver's fault does not matter. For example, if an accident occurs and the culprit also has a CASCO policy, then the insurance company will cover the costs of repairing his vehicle.
Universality of service
In accordance with current legislation, every driver must have a compulsory motor liability insurance policy. This rule applies even to those cases when the owner of the car drives it from the car dealership to the garage. It is also possible to issue an MTPL policy with an unlimited number of drivers: this means that this vehicle can be driven by anyone who has a driver’s license.
Without compulsory motor insurance, the driver cannot drive onto the roadway. The driver will also not be able to register the car with the traffic police.
In accordance with legal requirements, the driver must always have the original MTPL policy with him. Moreover, if there is a policy, but the driver for some reason forgot it, the traffic police inspector may send the vehicle to a impound lot, and the driver will be able to pick it up only after presenting the policy.
Today, car owners have the opportunity to apply for an MTPL policy online. In this case, the policy is sent to them by email. But drivers are required to print out an electronic version of the policy and keep it with them.
If the driver has not purchased a compulsory motor liability insurance policy in case of an accident with his participation, he will have a number of problems
Responsibility for absence
The legislation also provides for certain. At the same time, the Code of Administrative Offenses of the Russian Federation provides for several articles at once.
For example, if a driver has purchased a policy but does not have it with him, then a warning or fine may be applied to him. A driver may also be held administratively liable if he was driving a vehicle but was not included in the list of persons who have such a right.
Imposing additional services for car insurance
This is not the first year that a situation has arisen in which some insurance companies, quite large and therefore reliable, refuse to issue their clients an MTPL insurance policy without concluding an additional life and health insurance contract.
At the same time, everyone understands perfectly well that coercion to conclude an agreement is unacceptable and clearly contradicts both the basic principles of civil legislation and even the provisions of the constitution.
However, not all car owners begin to defend their rights or contact law enforcement agencies. This reluctance to “get involved” can be explained very simply: the insurance has expired, which means that you can no longer use the car, and therefore you will have to either follow the principle, defend your right and switch to public transport for a long time, or silently pay and save effort, money and time.
Such reasoning by car owners, of course, plays into the hands of policyholders who, without a twinge of conscience, take advantage of the disadvantageous position of motorists. In this sense, issuing an electronic policy is a salvation, since it is impossible to force the policyholder to issue additional services without fail on the official website.
Don't know your rights?
OSAGO: is it necessary to take out life insurance when insuring a car?
It is mandatory to take out life insurance when purchasing a compulsory motor liability insurance policy. This is exactly what most car owners think, who, willy-nilly, have to arrange a number of related services every year. These include:
- Life and health insurance, favored by insurance agents;
- property insurance, including housing or movable property in residential premises;
- undergoing a technical inspection of the vehicle only at a service station specified by the insurance company.
It is important to understand one thing: no insurance company can or should force you to enter into an unnecessary insurance contract or use certain conditions. And the proof of this is the Civil Code, the law on compulsory motor liability insurance and the Constitution of the Russian Federation.
Amendments to the legislation on compulsory insurance
As probably all car enthusiasts already know, in 2014 (from August 2) a large-scale modernization of the current legislation on compulsory property insurance of vehicle owners was carried out. During this modernization, the following amendments came into force:
- “No alternative compensation for losses” - a participant in a traffic accident now has no right to contact the insurance company of his own choice. Now every victim must turn to his or her insurer for compensation.
- For insurers who entered into an agreement later than August 2, 2014, the payment limits under the European protocol have been increased, that is, according to documents drawn up by participants in an accident, without inviting a traffic police officer or commissioners to the scene of the accident. It is important to note that this must be done no later than 5 days after the accident.
- A list of banks has been established that an insurance company can contact to store its available funds.
- The liability of a legal entity (insurance company) for the imposition of additional types of services and unjustified refusal to enter into a compulsory motor liability insurance agreement has been determined. At the same time, the amount of the fine is quite significant - 50,000 rubles.
What to do if the policyholder refuses to enter into a contract?
If you are determined to defend your rights and not pay extra to the policyholder for the imaginary benefits offered, you will have to gather your courage and act. There are several possible scenarios:
- You refuse to enter into an agreement, but ask to voice the reason for the refusal in the presence of witnesses, or record the conversation with the agent on a voice recorder, or ask for the refusal to be provided in writing. After that, you put the car in the garage and go to court to protect your rights. You will need to attach the evidence of refusal you have to the statement of claim and wait for the court’s decision. In total, this process will take about 2-3 months, but you will be able to recover moral damages from the offender (since you were forced to use public transport instead of a comfortable, beloved car), the amount of lost profits (if you earn money on this vehicle - calculated based on the average income for the period during which you did not have insurance), as well as the amount of actual damage (for example, the cost of driving someone else’s car). The process is labor-intensive, but payments can be provided in a significant amount, and the policyholder will be forced to enter into an agreement.
- Concluding an insurance contract and writing next to the personal signature on both copies “without life insurance (or other services), the issuance of a compulsory motor liability insurance policy was refused.” Then, with this policy, you need to contact Rospotrebnadzor, which will take measures to restore your rights. It should be understood that insurance is one of the types of services provided in our country, and therefore the policyholder will be responsible under the law on the protection of consumer rights. Consequently, you have the right not only to unilaterally, without any sanctions for yourself, terminate such an agreement, but also to receive compensation for losses incurred.
- This method is a little dubious in practice, however, according to many car owners, it has worked repeatedly. When you contact the policyholder’s office, you accept all its terms, enter into a compulsory motor liability insurance agreement, as well as an accompanying agreement, for example, life insurance, and a day or two later you contact the insurance company again and, on your own initiative, terminate the agreement, paying some part as a penalty insurance premium. Although here again you should think about the size of this penalty established by the company. If he strives for half the cost of the imposed service, then it would be reasonable to consider the question: is it worth terminating the contract at all? Maybe it's better to keep the insurance yourself?
Results
In general, what to do in this situation is up to you to decide. However, let's move away from this habitual way of life, when we sacrifice our interests just to “not quarrel.” It is simply necessary to defend your rights. But how to do it correctly is a completely different conversation. Don't let unscrupulous auto insurers take advantage of your gullibility or inexperience.
DSAGO is a type of voluntary insurance acceptable to many today. Tariffs and rules Each company sets its own for this type of insurance.
DSAGO is component OSAGO. It is mandatory to have an insurance document ( OSAGO is required!). In the absence of it, the motorist faces a fine.
It is not necessary to carry the DSAGO document with you in the car, but the OSAGO document is mandatory.
A study was conducted and categories of people for whom DSAGO most recommended:
- Young and inexperienced car owners. They have little experience driving a car and may be more likely to get into accidents.
- Fans of fast speed, violators of traffic rules. Driving fast does not lead to anything good. Someday an accident happens, it's inevitable.
These are ordinary experienced drivers with considerable driving experience.
As a result, insurance companies selling DSAGO make great money from ordinary experienced drivers.
During registration of DSAGO, the driver on one's own can choose insurance cases in which payments will be made to him:
- Causing harm to the health of a third party.
- Causing damage to the property of a third party.
- Full insurance. It includes two insurance events at once (they are listed above).
DSAGO insurance is possible for any driver approved to drive and holding a driver's license.
Moreover not required concluding separate contracts if the vehicle has a trailer or several different trailers.
What is DSAGO?
DSAGO is equal to OSAGO, only it has more advanced features.
Only DSAGO is car insurance for on a voluntary basis.
DSAGO is becoming a very profitable type of insurance. With its help, you can avoid financial expenses in the event of a motor vehicle accident.
If you have a DSAGO policy, the insurance company pays all possible cases with car:
- accidents;
- treatment of victims;
- treatment of pedestrians who were injured in road accidents;
- car repair.
Naturally, compulsory insurance will not provide a large sum to cover all repair work, nor will it pay for all doctor’s services. There may simply not be enough money for this. Especially if the accident involved many cars that were not cheap.
In such cases, the motorist (the culprit of the incident) will be required to pay the missing amount.
Required documents
If a driver wants to take out a voluntary insurance policy for himself, then he will need to issue a compulsory motor liability insurance policy.
If compulsory motor liability insurance has already been issued, then it will be much easier for you.
Expanded compulsory motor liability insurance is increasingly seen as an addition to the main one, but not as a replacement.
A person who drives a car well and monitors the condition of the car can simply insure it with MTPL. DSAGO will not be required. DSAGO policy recommended for inexperienced drivers with little driving experience.
The cost of DSAGO is small. But you will immediately have more confidence behind the wheel. The cost of a DSAGO policy can be calculated in online calculator.
Typically insurance company employees unnecessarily exaggerate, talking about a large number of accidents that cause great damage to cars. Based on these statistics, it follows that the average payment amount for a typical incident is 15 thousand rubles.
In urban conditions, the damage is even less - a couple of scratches on the body will not cost much. Therefore, you have to try very hard to damage the car for 120 thousand rubles.
Useful video
The video below will help you understand the intricacies of car insurance.
Rules for registration of eOSAGO
eOSAGO begins to operate no earlier than 3 days after the day the application is sent to the insurer. Apply for compulsory motor liability insurance in advance to avoid interruptions in insurance.
How does OSAGO work?
The insurance company will pay the costs if the accident caused by you caused damage to the health or property of others.
What does the OSAGO policy protect against?
Compensation for damage under compulsory motor liability insurance can be made in case of damage to the health, life or property of a person injured as a result of a road traffic accident (accident). Here are some examples of road accidents in which the owner may be liable under the MTPL policy and will have to pay for the damage caused:
- The policy owner damaged a traffic light as a result of the incident.
- The policy owner has damaged a building or structure.
- The policy owner damaged one or more other people's vehicles (cars, motorcycles, etc.).
- The owner of the policy hit a pedestrian, resulting in harm to the life or health of the victim.
Maximum amount of insurance payment
If an insured event occurs, the insurance company of the person responsible for the accident guarantees payment to the injured party within the following limits:
Compensation for harm caused to life or health
You can extend your compulsory motor liability insurance no earlier than 2 months (60 days) before the current policy expires. An expired contract and operation of a vehicle without compulsory motor vehicle liability insurance may result in a fine. If there is a break in insurance for more than 1 year, the KBM does not change (the reduction factor for accident-free behavior is not lost).
Beware of scammers when purchasing MTPL!
When purchasing regular paper and electronic MTPL policies, there is a risk of becoming a victim of fraud. We and their plans of action!
How the price for compulsory motor liability insurance is formed
There are no discounts on MTPL!
OSAGO is a type of insurance obligatory under Russian law, therefore its tariffs are regulated by the state and concepts such as discounts and holiday promotions cannot be applied to it. If you are offered unexpected discounts that are not related to your accident-free driving record (HDR), beware: it is most likely a scam!
MTPL insurance rates are formed based on the results of risk analysis, statistical data and expert assessments. The insurance company sets its base tariff within the price corridor approved by law.
The cost of the MTPL contract may be influenced by the BMC (bonus-malus coefficient). It is determined for each vehicle driver individually, depending on the presence or absence of insurance compensation provided by insurers in the previous period. From April 1, 2019, the BMR is calculated once a year - on April 1 and is applied throughout the entire period (from April 1 to March 31) for concluding any contract. The value of the KBM remains the same regardless of the change of insurance company.
Documents for purchasing MTPL
- Passport of the policyholder and the owner of the car.
- Driver's licenses of all approved drivers.
- Vehicle registration certificate.
- Vehicle Passport (PVC).
- Valid diagnostic card.
What you need to know about the diagnostic card
If you're new to driving, it might be helpful to know the differences between the two most popular auto insurance policies.