How does car insurance work? Osago - compulsory car insurance in Russia

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Operating principles of an insurance company

How does an insurance company work and where do rates come from?

Alexander Kabanov, General Director of SO Zenit LLC

The Institute of Insurance was formed quite a long time ago, when merchants and seafarers were in search of a mechanism to protect against possible damage, loss of ships and cargo transported by sea. Then the basic principles of marine insurance were adjusted and, after adaptation, transferred to other areas of society.

Work principles

The insurance company operates on the principles of a commercial organization that protects the property interests of citizens associated with possible risks of loss or damage to property, as well as those associated with the risks of loss of life or damage to the health of citizens (the insured). In other words, the insurer assumes possible risks and guarantees to compensate for financial losses in the event of negative events that entail damage to property, health, etc.

The insurer can compensate for losses due to the fact that a large number of people pay insurance premiums, and losses occur only for a small part of the depositors or insured, but payments for insured events almost always far exceed insurance premiums. Most of the funds received go to compensation for damage (insurance payments), and a smaller part covers the costs of running the business and generates profit for the insurer.

Where do the tariffs come from?

The easiest way to explain where an insurance company gets its rates is with a specific example. Consider auto insurance. The company studies the statistical totality of insurance cases and, based on this, calculates the tariff that each participant in the general insurance fund must pay. The insurer takes statistical data from the traffic police - how many cars are involved in accidents annually and finds out the average amount of damage for each car.

At the same time, the insurer also takes into account that a middle-aged driver with a long track record of accident-free driving will most likely not be involved in accidents in the future. At the same time, a young, inexperienced driver has many chances to become involved in an accident.

Accordingly, the tariff for an inexperienced warrior will be higher. In addition, the make of the car, the cost of spare parts for it, its popularity among car thieves, etc. also have a decisive influence on the size of the tariff. The entire set of data obtained is analyzed and a tariff schedule is drawn up for each type of car, on the basis of which the company’s selling structures operate.

Insurance rates (the cost of insurance protection) are quite similar for most insurers, while there simply cannot be a difference in the rate, say, by a factor of 2, and this is a serious reason to think about the reliability of the insurer offering dumping prices.

The insurance tariff consists of two parts: the net rate (about 70% of the tariff), from which the insurance reserve is formed, and the remaining part (about 30%), spent on conducting business by the insurer. The net rate is calculated on the basis of statistical data and there cannot be any serious fluctuations between different insurers. A reduction in tariff is possible, first of all, due to the portion going towards expenses. Thus, tariff fluctuations should be within 25-30%. If the fluctuations are greater, then this is a serious reason to think about the reliability of the company that offers such low rates.

Insurer structure

In the structure of an insurance company, as a rule, there are several departments that serve individual elements of the entire business chain. Thus, the insurance company has an underwriting department that studies risk, makes forecasts regarding the likelihood of a particular negative event occurring, assesses the degree of risk, etc.
The insurer cannot do without a claims settlement service, which accepts and processes applications from policyholders, and also makes insurance payments. The responsibilities of this service include examination of insurance cases, which includes checking all statements, establishing the true causes of the incident and clarifying all the circumstances of the loss.

Today, insurance is usually divided into property insurance and personal insurance. In turn, these types are divided into subtypes, for example, life insurance is included in personal insurance, and apartment and car insurance is included in property insurance. In accordance with this, departments are formed in the insurance company that are engaged in the sale of policies for one or another type of insurance. For example, the property, cargo, liability insurance department, etc. Sales of policies through agent networks are also widespread.

Better to play it safe

Unfortunately, the parameters characterizing the volume of the Russian insurance market are not yet comparable with the parameters and scale of the Western market. And it is precisely for this reason that Russian insurers cannot bear very large risks on their own shoulders. One of these reasons is the low level of capitalization of Russian insurers.

Therefore, all Russian insurance companies reinsure part of their risks with foreign reinsurance companies, thereby ensuring their own stability and guarantees of payments to their clients in any situations

Of course, the shown scheme of the insurer’s work is very conventional, but, nevertheless, having familiarized yourself with it, you can create a picture of the activities of the insurance organization that is close to reality.

Description of work

To understand the principles of operation of an insurance company, first of all, you should define the term “insurance” itself. So, having opened the encyclopedia, we will read that insurance is a system of measures aimed at forming a monetary fund from which compensation for damage and payment of other sums of money is made as a result of natural disasters, accidents, and the occurrence of other negative events.
The Institute of Insurance was formed quite a long time ago, when merchants and seafarers were in search of a mechanism to protect against possible damage, loss of ships and cargo transported by sea. Then the basic principles of marine insurance were adjusted and, after adaptation, transferred to other areas of society.

Registration of compulsory motor liability insurance online:how it works

The opportunity to apply for a “motor vehicle license” without leaving home appeared back in 2015, but even then car owners had many questions: for example, is it worth printing out an electronic OSAGO policy and how to get this document in general. Let's talk about everything in order

text: Mikhail Mikheev / 05.26.2017

FEATURES OF E-OSAGO

The main question that arose immediately after the introduction of electronic MTPL practice was how to present it to the traffic police officer. There is no direct requirement in the law that the policy must be on hand, but in order to avoid problems in communicating with employees, it is better to print it out and put it in the glove compartment.

There will be no stamp or signature on the document (when purchasing, E-OSAGO is certified by the owner’s electronic signature or SNILS number, which is an alternative to an electronic signature). You can put your signature on the printed document “just in case,” but its absence will not change the relevance of the policy.

At the beginning of January, the Central Bank received the first complaints regarding the registration of electronic compulsory motor liability insurance. The regulator did not specify the nature of the complaints, but RSA is confident that they are related to filling out a large number of fields. When issuing a paper OSAGO policy for the car owner, this is done by a representative of the insurance company (IC), but when filling it out yourself, it is very easy to make a mistake. It is important to carefully check all entered data, especially with regard to information about drivers allowed to drive vehicles.

Another part of the complaints may be related to technical problems and failures when applying for MTPL insurance for a car online, as well as the unavailability of the service itself on the websites of the insurance company. By the way, last year journalists from 5 Wheels “autocitizen” on the websites of ten leading insurance companies, and the result was indeed not very pleasant.

On almost every site, various difficulties arose when making a purchase: from the inability to issue an electronic policy to various failures in the system (in such situations, you should not write off the service of ordering an MTPL policy online with delivery of a paper version of the policy by mail).

It is equally important when applying for an electronic policy to take into account that the emergence of E-MTPL immediately attracted the interest of scammers - it is worth making sure that the insurance company is on the RSA list, and also making sure that you are on the official website of the insurance company, and not on a “backup”. Thus, in February, numerous clones of insurance companies were discovered that were illegally selling OSAGO policies online. The RSA website will help you make sure that the purchased policy is valid.

Despite the existing problems, the millionth E-OSAGO policy was recently sold. In addition, the Central Bank initiated a large audit of insurance companies that provide services for the sale of electronic OSAGO policies. This check was launched after the complaints that the regulator received; the TOP-20 insurance companies were subjected to it.

MYTHS ABOUT ELECTRONIC MTPL

The number of electronic policies sold is growing, but along with it, the number of “myths” associated with this format for issuing compulsory motor liability insurance is growing. You can deal with them by understanding the procedure for receiving, the conditions of registration, as well as how the system works from the inside - from the point of view of insurance companies, agents, brokers and other participants in the insurance community.

Myth 1: A traditional paper form is more reliable than an electronic one.

Actually this is not true. Moreover, the emergence of the opportunity to insure a car online with MTPL was caused, among other things, by problems with issuing traditional policies. Before the introduction of E-MTPL, the main sources of “sale” of MTPL forms were insurance agents. Starting from 2007–2008, forms were issued not individually, but in batches, and their accounting and control in insurance companies was carried out rather superficially (forms were issued “on parole”).

As a result, most of the sold forms were sent to insurers with errors. Payments for them were frozen until the shortcomings were eliminated. And then the most interesting thing began: either the agent “disappeared”, or the client (according to the agent) suddenly stopped communicating.

This situation has long required insurers to introduce strict forms of control over the execution of strict reporting forms (which include the MTPL policy). In addition, scammers who were ready to sell pieces of paper that were not backed by any rights instead of real policies added fuel to the fire in this situation.

Myth 2: electronic policy solved the problem of control of the MTPL market

Here, too, one should not judge categorically. On the one hand, electronic MTPL insurance really solved the problem of control over policies. On the other hand, by the time the system was introduced, many insurance companies had managed to implement their own services, allowing them to keep careful records of forms.

Such systems work as follows: the agent logs in and fills out a form in the insurer’s electronic system. Further, even before the form is transferred to the client, the compulsory motor liability insurance contract is entered into the insurer’s database, and an electronic receipt is generated or an invoice is issued for each executed contract. If all insurance companies had implemented such a mechanism for implementing compulsory motor liability insurance forms, then the need to introduce E-MTPL forms would not have arisen.

Myth 3: Not having an agent will seriously change the situation for the better.

At first glance, this is true: if problems with strict reporting forms arose due to the fault of the agent, then by removing it at the stage of concluding the OSAGO agreement in electronic form, you can achieve a significant improvement in the situation. In reality, the situation is different: of course, situations with insurance forms that “did not reach” the insurance company and clients that “stopped communicating” were managed to be stopped. However, it turned out to be impossible to radically solve all the problems associated with the registration of compulsory motor liability insurance by simply removing agents from the equation.

For example, fraudulent schemes that “worked” with paper forms have not become obsolete, but have moved to the network (hence the large number of “clones” of the official websites of the Investigative Committee). The situation with E-MTPL also did not discourage unscrupulous agents - a year after purchasing an electronic policy, they will continue to call clients of insurance companies, car dealerships and banks using the purchased databases in the same way.

But conscientious insurers, in conditions where a policy is issued without initial contact with an agent (either an insurance representative or an insurance company employee), have fewer opportunities to help improve the client’s insurance literacy. This is not only fraught with errors when entering data into the policy, but also does not allow you to help the client understand the intricacies of insurance science, designed to receive reasonable compensation (after all, showing options for saving on insurance is one of the important skills of a professional agent).

Some types of procedures in this case are generally difficult to shift onto the shoulders of the policyholder. because of which he simply will not be able to save money when he has every right to do so. For example, a client changed his driver’s license and did not notify the insurer about the change in a timely manner - often in such a situation, the procedure for transferring the accident-free discount (CBM) is issued according to special rules. And the client simply will not have sufficient expertise to apply the required algorithm of actions in this case.

Therefore, on the one hand, E-OSAGO helps to rid the market of uncontrolled handling of strict reporting forms, and on the other hand, it imposes additional responsibility (and sometimes additional costs) on the policyholder himself.

RULES FOR REGISTERING E-OSAGO INSURANCE

First you need to decide which insurance company to buy the policy from. A list of insurance companies that provide MTPL insurance services can be found on the website of the Russian Union of Auto Insurers (RUA). From January 1 of this year, the possibility of registering an E-OSAGO became mandatory for all insurance companies operating in the auto insurance market, and those who do not comply with the condition are fined.

Next, you should register on the website of the selected insurance company. This can be done by logging in through the government services portal or by entering your email address or phone number in the form on the website.

The insurance company will offer to fill out a form to receive an electronic MTPL. It includes data about the car owner, policyholder, drivers who will drive the vehicle, data about the vehicle itself (diagnostic card).

Next, the user receives a calculation of the cost of the policy and pays for it in any convenient way, after which the MTPL policy is sent to the email address specified during registration. The Central Bank insists that the agreement during the online registration procedure must be concluded no later than 30 minutes.

So, to get an MTPL policy via the Internet, you need to:

Carefully fill out all forms;

Double-check the entered data;

Receive a quote and pay for the policy;

Print out the policy that will be sent to you by mail.

Every car owner can explain what MTPL is in simple language. And even those who don’t have a car know that this is compulsory motor third-party liability insurance. In most cases, this is where knowledge is limited. Let's look at the question in detail.

History of origin, legal regulation

In Russia, the possibility of introducing compulsory motor third party liability insurance was considered back in Soviet times, from the beginning of the second half of the 20th century. But only in 2002 they issued a legislative act regulating relations in this direction. This is Law No. 40-FZ “On compulsory motor third-party liability insurance of vehicle owners.” Over the years, a number of amendments have been made to it.

The cost of the policy is calculated depending on the established base rates and coefficients. The following are taken into account when calculating the cost: driving experience, age, technical characteristics of the car, place of registration of the owner, period of use of the car, presence of gross violations of traffic rules. Each driver of this car must be included in the policy.

In recent years, the average cost of an MTPL policy in Russia has increased and in 2016, according to the Russian Union of Auto Insurers, amounted to just over 6 thousand rubles. In this regard, the number of fake policies has increased. Starting from 2018, the Central Bank plans to change the format of the forms: they will indicate the coefficients that affected the cost, and there will also be a special code that can be considered a mobile phone, making them more difficult to counterfeit. And the Ministry of Finance has developed a number of amendments to the Federal Law on compulsory motor third-party liability insurance, and it is also planned to introduce electronic policies.

Why do you need compulsory insurance?

The essence of compulsory motor liability insurance is that the one who issues it insures not his car, but his motor third-party liability. That is, if a car gets into a traffic accident (RTA), the insurance company of the culprit will pay the victim financial compensation under the OSAGO policy. The culprit of the accident himself does not receive any compensation under the compulsory motor third party liability insurance policy.

The following amounts of payments are established by law:

Compensation for damage to property (car damaged or destroyed in an accident) - an amount not exceeding 400 thousand rubles. for one car;
Compensation for harm to the life and health of people injured in an accident – no more than 500 thousand rubles. for one person.

So, if more damage is caused to the victim’s car than the maximum payment amount under the compulsory motor liability insurance policy, then he has the right to sue the culprit and privately recover from him the difference in the cost of damage caused as a result of the accident.

Compulsory motor liability insurance does not apply to all road users. Thus, owners of vehicles (vehicles) that move at speeds up to 20 km/h, trailers for passenger cars, military vehicles, as well as non-wheeled vehicles (for example, tracked tractors) are not required to insure motor third party liability by purchasing a policy OSAGO.

If a novice gets behind the wheel and does not drive the car confidently enough or, on the contrary, is an overly self-confident driver with a harsh driving style and has more than once found himself in unpleasant situations on the road, in order to avoid lawsuits and paying damages out of his own pocket, insurance companies recommend taking out extended motor vehicle insurance responsibility.

Extended MTPL

What is extended MTPL? This is not mandatory, but voluntary motor third party liability insurance. Abbreviated as DSAGO (or DoSAGO, DSGO, DGO).

It does not replace compulsory insurance, but only beneficially complements it.

It costs less, and the amount of insurance payment is much larger. Moreover, the policyholder himself chooses its size (from 300 thousand to 3 million). Insurance companies themselves set the cost of DSAGO; as a rule, it ranges from 0.1 to 0.5% of the insured amount.

For example, to voluntarily insure liability for 1 million rubles, a DSAGO policy will cost about 1,500 rubles. If the insurer gets into an accident, the damage to the victim’s property will amount to a total of 1 million 200 thousand rubles. Then 400 thousand will be paid by the insurance company at the expense of OSAGO, the remaining 800 thousand will be reimbursed by DSAGO.

Difference from CASCO

The difference between OSAGO and CASCO is that:

CASCO is not compulsory insurance;
In simple terms, with the help of CASCO, the owner insures his car, and with the help of OSAGO, motor third-party liability is the damage that may be caused to another person’s car as a result of an accident;
Different insurance companies may have different CASCO conditions and contract rules;
Under CASCO, various risks are insured: damage, theft, damage, illegal actions of third parties, etc., and under OSAGO only the liability of the person specified in the form;
The insurance company compensates for damage caused by an accident, regardless of the presence or absence of fault of the owner of the CASCO policy.

Is it possible to drive without insurance?

Drivers often wonder whether it is possible to drive without a policy. Lawyers answer: it is impossible, there is only one exception - if the car has not yet been registered with the traffic police, and no more than 10 days have passed since the date of purchase, of course it is necessary to carry the purchase and sale agreement with you.

In all other cases, the absence of a document confirming compulsory motor third party liability insurance is subject to an administrative penalty in the form of a fine: 500 rubles. – if you have insurance, but you forgot the document at home or if a person who is not included in the form is driving; 800 rub. – if insurance is not issued at all. Previously, for the absence of a policy, traffic police officers had the right to evacuate the car and put it in an impound lot; since 2014, this measure has been abolished.

More than two months have passed since traffic police inspectors began charging fines for the absence of a compulsory motor third party liability insurance policy (MTPL). But many motorists still do not fully understand why compulsory motor liability insurance is needed and how it works, especially since they have no idea how to behave in the event of a traffic accident. Moreover, there is a knowledge gap on the last point even among those who have bothered to read the insurance rules. We tried, with the help of an insurance company expert, to trace the main actions of the victim in an accident, if his opponent did insure his civil liability. They took the most common case - a collision of two cars without injuries - and assumed that the situation was indisputable (the opponent is really to blame and does not deny it).1. We moved in

Insurers say that when someone hits your car, you may be three times lucky. Firstly, if you escaped with only damage to the car, but you yourself remained alive and unharmed. Secondly, if your opponent is insured. Thirdly, if he is insured by a decent insurance company. There are also those who delay payments in every possible way or find all sorts of excuses not to pay at all. But our hero doesn’t know any of this yet.

2. "Acquaintance"

Now there is no way out of getting to know your opponent. Find out immediately whether he is insured. If yes, which company? If not, you will have to deal with it as if there was no compulsory motor liability insurance. Either an analysis on the spot or a judicial prospect looms (and if the opponent represents a legal entity, the likelihood of a positive outcome still remains; if he is on his own, the prospects are vague).

3. Call the traffic police and the emergency commissioner

In any case, it is necessary to call the traffic police inspectors, and if the insurance provides for calling the emergency commissioner, then he too. Necessarily. It is not recommended to draw up a diagram of the incident yourself and go to the nearest traffic police post (even despite the fact that such a possibility is provided for in the traffic rules - so far such a scheme does not work well in practice).

4. The commissioner arrived

Emergency commissioners usually arrive at the scene of an accident before traffic cops. This is fine. The accident commissioner will be your consultant, satisfy your hunger for information, give practical advice, take photographs of the scene of the accident (photos are increasingly required when analyzing accidents in the traffic police), and help fill out a notice to the insurance company.

5. The traffic cops have arrived

Traffic police inspectors arrive relatively quickly in two cases: when there are injuries as a result of an accident, or when an accident occurs on tram tracks or interferes with trolleybuses. Otherwise, be prepared to wait a long time. The workload on the traffic police has increased many times due to the introduction of compulsory motor liability insurance, so that the inspectors themselves are now not happy with such a “gift”.

6. We receive a certificate

The inspector’s duty is to fill out all the documents on the spot, take the necessary measurements, draw a diagram of the accident, interview witnesses, etc. After which you should be given a so-called initial certificate of the accident. This certificate is very important. It must indicate all the damage to your car and all the opponent’s data.

The traffic cop is not motivated to fill out all the necessary points, check everything yourself and demand that all damage be indicated on the certificate. This data will be taken into account by the insurance company when considering payment.

The inspector will set a date and time for the accident investigation. You and your opponent will have to come to the investigator, who will make a decision on the degree of guilt of each participant in the incident.

7. Fill out the notice

The front side of the notice to the insurance company, in theory, should be filled out at the scene of the accident, or, in extreme cases, in line at the traffic police; signatures of two participants in the incident are required. It is better to fill out the reverse side of the notice at home in a quiet environment.

8. At the interrogator's

The day of the accident investigation has finally arrived. Be prepared for the fact that you will have to wait for more than one hour to see the investigator. If everything is successful, it is very important to obtain a copy of the administrative violation report.

From this moment you can already contact insurers.

If your opponent does not appear before the investigator, the process may drag on. The maximum period is two months, after which the decision is made without it.

9. Expertise

Having a copy of the administrative violation report in hand, you need to contact the opponent’s insurance company: call this insurer, or even better, bring the completed notice to the company.

The insurer must, within five days, organize an examination that will evaluate the damage caused to your car in money. If the insurer delays the process, the victim can turn to any expert examination he likes.

10. We come to the insurance company

When you have a primary certificate, a copy of the protocol on an administrative offense and an expert opinion, you can ask the insurance company when a decision on payment will be made and the payment itself will be made. By law, the insurer has 15 days to make a decision and three days to pay. In total, taking into account the five days allotted for the examination, 23 days may pass. The insurance company must provide you with a certificate stating that the documents have been accepted. If the deadlines are delayed, try to transfer communication with the insurance company to the “paper” plane: demand that you indicate the incoming numbers of your requests, and only accept answers that are compiled in full form. This will make it easier to file a claim against a negligent insurance company.

The editors of the magazine "Our Money" would like to thank Yuri Berkhman, Director for Development of Property Types of Insurance at the ASK-Petersburg Insurance Group, for his assistance in preparing the material.

When asked about OSAGO, what it is and what it is eaten with, many will smile condescendingly, confident in their knowledge. However, in practice, the level of basic awareness of traffic law among drivers is low - the basis of knowledge is made up of various applied details.

Few people are able to clearly explain what MTPL is in principle. This can lead to erroneous beliefs, unpleasant consequences when purchasing a policy, registration and analysis of an accident, generate losses, incomplete payments and fines.

Therefore, despite the availability of a lot of material on various aspects of compulsory motor liability insurance, there is a need for one general article, after reading which you will know all the important basics of compulsory insurance.

First, let's understand the terminology.

The abbreviation OSAGO means “Compulsory motor third party liability insurance”.

Often the phrase “vehicle owners” is added to this.

What does “compulsory insurance” mean?

From the above transcript, the first two words – “compulsory insurance” (OS) – can be immediately clear.

They directly say that:

The contract relates to the field of insurance;
The agreement is concluded on a mandatory and not a voluntary basis.

Compulsory insurance means that the insurance contract is concluded as prescribed by law and its most important aspects are controlled by the state.

It can be:

Insured objects;
Insured entities;
Insurance premiums;
Insurance claims;
Insurance rules.

The conclusion of a mandatory insurance contract is regulated by the Civil Code of the Russian Federation (G. 48, Art. 927). OS is usually carried out in areas affecting large sections of the population.

Such an agreement applies not only to vehicles. For example, some types of the following insurances are compulsory:

Professional (military personnel, tax officers, electricians, high-altitude workers, etc.);
Social (medical, various types of benefits, etc.);
Transport (passengers, cargo, vehicles, etc.).

Federal Law No. 4015-1 (“On the insurance business in the Russian Federation”), Article 3 (clause 4), requires that for each type of OS there is a special legislative act by which it is regulated. For motorists, this is Federal Law No. 40 (“Law on OSAGO”).

What does "auto liability" mean?

Next in the abbreviation OSAGO comes a less clear combination: “motor civil liability”. Intuitively, you can guess that a certain liability, called civil liability, is insured. I will discuss this point in more detail below.

Here it will also be useful to know that liability insurance (LI) is a large cluster that includes more than 10 industry varieties. And OSAGO is only a small part of it.

For example, insurance includes insurance:

Manufacturers of goods;
Financial institutions of depositors;
Many types of industry;
Citizen's responsibility.

This also includes transport insurance. The word “automobile” is important here, since not all types of transport insurance relate to cars.

For example, there are types of liability insurance for vehicle owners:

Air
Marine
Zheleznodorozhny

That is, “civil liability” implies the insurance liability of an entity using wheeled vehicles - this is compulsory motor liability insurance.

What is the essence of compulsory motor liability insurance - the basic principles of motor vehicle liability

With the term MTPL itself, I think everything is clear. But the essence of the auto citizen as such is not entirely clear from it. Why is it even needed? What does it give and to whom? Let's look into this important issue.

Civil liability

It is well known that the person responsible for the damage must be financially responsible, according to the Civil Code of the Russian Federation (Article 1064, etc.) - this is material civil liability. As a result, the defendant will suffer a loss nominally equal to the damage caused.

This may be the responsibility:

Criminal
Material
Criminal-material

Compulsory motor liability insurance concerns only financial liability - the civil liability law has nothing to do with criminal proceedings.

For all subjects (individuals and legal entities) there is a constant financial liability, as a potential culprit to potential victims. After all, any citizen, under certain circumstances, can become a cause of harm and be responsible for it.

That is, it is classified as a risk. And often such a risk is caused through some objects that the culprit uses. What do insurance companies (ICs) do? That's right - they insure risks, including the risk associated with the use of certain things.

For example, there is a civil liability policy related to OSAGO. Not motor vehicle, but civil - this is voluntary insurance that covers financial liability for damage in a variety of situations (mainly domestic).

Motor vehicle liability

In addition to civil liability insurance, there are other similar policies. But they all have one main principle - their subject is not the object itself, but the responsibility of the subject associated with it.

That is, direct classic insurance, when the owner receives compensation for damage to his property, does not occur. The possibility of financial liability to the victim is insured. Not the possibility of causing harm, as some write, but precisely the possibility of responsibility for it.

After all, the harm caused to the victim does not bring material loss to the culprit. It is brought by upcoming liability, which is insured. Many people understand this subtle point vaguely.

OSAGO refers to this type of insurance, providing an auto liability policy. It covers the possible loss of the culprit, which he may incur when compensating the victim. Provided that the damage was caused by a car.

Hence the term – motor vehicle liability, i.e. liability associated with the vehicle of the culprit, which acted as an agent of harm.

What is OSAGO - definition

I think that after reading the above, the principle of insurance, which is the basis of compulsory motor liability insurance, has become clear to you. Now we can derive a general definition of a motor vehicle.

So, OSAGO is insurance by a subject (individual or legal entity) of the possibility of its financial liability for damage caused to another subject, through a vehicle in motion.

Pay attention to the ending - there is no word “use” there. And not in vain - damage can be caused to a vehicle even without the fact of its use (for example, by a vehicle falling off the handbrake).

Some people use the ending "for its intended purpose", but this is not entirely accurate wording. Yes, this applies to passenger cars - their direct purpose is simple movement. But with special equipment it’s different. Damage caused by structures not related to movement is not compensated under compulsory motor liability insurance, but these structures determine the direct purpose of such vehicles.

Well, we’ve clarified the main thing, now let’s look at the details related to compulsory motor liability insurance.

When did OSAGO appear?

Where did compulsory car insurance originate, what year did it start and who invented it? Some motorists are interested in such questions.

Voluntary car insurance started back in 1898 (in the USSR in 1991), just 3 years after the invention of the first car. Then the American insurance company Travelers Insurance Company issued the first policy for a horseless carriage to a certain Martin Truman.

Insurance cost $12 and covered $500 worth of damage—a decent amount for those times. It is noteworthy that Truman bought a policy against the collision of his miracle carriage with horse-drawn carriages, and not with other cars, of which there were a mere minuscule number at that time.

It took the US auto industry more than 30 years to increase the number of cars that required the introduction of special insurance for them - compulsory. The OSAGO prototype was first introduced in Massachusetts (in 1925), soon everyone else joined it, and by the mid-30s Europe took up the baton.

After the 50s of the twentieth century. Compulsory motor liability insurance has become a generally accepted norm for all developed and many developing countries.

How did compulsory motor liability insurance develop in RUSSIA?

Contrary to general prejudice, the idea of compulsory insurance in Russia appeared a long time ago: in 24 - a year before the introduction of compulsory motor liability insurance in the USA. But due to the meager number of cars in the then USSR, such an undertaking was considered irrelevant by the leaders, although interesting.

In the sixties, there were already serious plans to develop a Soviet version of OSAGO, but again it was not supported by top management. Because of this, the first real bills on compulsory car insurance were considered by the young State Duma in 1993-94.

True, development proceeded sluggishly and only in 2000 the final bill was adopted in the first reading. Then it was finalized for another two years and on April 25, 2002, the Federal Law “On Compulsory Motor Liability Insurance” (No. 40) was finally adopted.

It is noteworthy that in those days, Russian motorists very negatively perceived the new duty on their shoulders, but now this has been forgotten and compulsory motor insurance for cars is perceived as an ordinary and obligatory attribute.

Three main advantages of OSAGO

Compulsory car insurance is distinguished by three main positive qualities, the combination of which contributes to its spread throughout the world.

The insurer pays for the policyholder's fault. Provided that it is still impossible to refuse a motor vehicle license, its presence gives the motorist a certain guarantee of the safety of his wallet in the event of his fault. This is undoubtedly a positive factor and financially interests the policy owner.
Guarantee of receipt of insurance payments. In many cases, victims are spared the tedious hassle of collecting compensation from the guilty party and receive money quickly. Under compulsory motor liability insurance, damages are paid even to an uninsured person, since the main thing here is that the person at fault has an insurance policy.
Improving the level of road safety. The Auto Citizen encourages drivers to follow traffic rules and drive carefully. This indirectly saves people time, nerves, effort and money, and also protects their health and life.

The listed qualities bear fruit:

OSAGO is gaining popularity as a profitable insurance service, despite the increase in its tariffs;
The bulk of compensation for road accidents is settled exclusively within the framework of compulsory motor liability insurance, which relieves the workload of the courts and other government agencies;
The number of road accidents is under control and does not go beyond the predicted limits, despite the constantly increasing number of cars in the Russian Federation.

However, the auto citizen also has negative aspects, which for the most part can be eliminated in the future.

8 significant disadvantages of OSAGO

After the end of the active reform stage, which is currently taking place, Russian compulsory motor liability insurance should become a reliable guarantee of adequate compensation for harm to victims and minimization of problems for the perpetrator.

However, now the system is not yet fully debugged and is susceptible to constructing discreditable schemes on its basis. These include:

Understating the amount of compensation, which almost all insurance companies are prone to, to one degree or another;
Imposing additional services from the insurer, increasing the policy fee and often completely unnecessary for the driver;
Wear and tear accounting required replacement of parts when paying compensation and a high probability of fraud in the initial wear data for calculation;
Cases of underestimation of insurance points driver without any reason and reported quite often;
Compensation for harm to health and life has not yet been sufficiently developed in comparison with reimbursements for hardware;
Quite low reimbursement limits in comparison with Western countries;
Possibility of purchasing left policies, little different from the original.
Lack of strict state control over insurers. This makes it possible for the insurance company to use legal incidents in a clearly negative way for the purpose of profit. An example is the sensational saga involving demands for payments from pedestrians hit by cars.

Recently, many people consider the significantly increased cost of the policy to be a disadvantage. However, at the same time, compensation limits were also increased, which balanced out the negative.

Why did pedestrians pay money to restore the cars that hit them?

In 2012, after the precedent of the Krasnoyarsk Regional Court, when the Investigative Committee was able to recover money from the parents of an injured minor girl to repair the car that hit her, a flurry of similar proceedings and high-profile scandals began.

The thing is that in the Krasnoyarsk precedent, the Constitutional Court, to which the girl’s parents filed an appeal, sided with the insurer. Considering this a “green light,” the insurance company began vying to recover the cost of damage paid to clients from the pedestrians they hit. Moreover, local courts, also impressed by the decision of the Constitutional Court, often took the side of the Investigative Committee, paying little attention to the nuances of each case.

It got to the point where money was collected from people who were left disabled in group 1 and even from the heirs who died under the wheels of pedestrians.

Guided by Federal Law No. 40, the damage to the vehicle must actually be paid by the culprit, and according to Art. 1064 of the Civil Code of the Russian Federation and the opinion of the Constitutional Court of the Russian Federation, if an accident occurred due to the fault of a pedestrian, then he must pay for the car damaged by his body.

Lawyers clarify that in such cases one cannot judge so categorically. Yes, a hit by pedestrian may violate clause 4.5 of the traffic rules (“look around”), but in relation to the driver in such an accident, in 100% of cases clause 10.1 (“sudden obstacle”) of the same traffic rules is violated. It turns out that in the most unfavorable case for a pedestrian, the fault will be at least mutual, and this is already minus 50% of the compensation under the law.

Currently, after the personal intervention of the President, the courts have moderated their ardor and the Investigative Committee rarely wins such cases, however, this case has not yet been resolved at the legislative level.

Responsibilities of the driver under OSAGO

OSAGO involves a number of responsibilities for the vehicle driver.

Here is their main list:

Registration of compulsory insurance for transport used on a general basis;
Presentation of an insurance policy traffic police employees (this requirement may be excluded from clause 2.1.1 of the traffic rules in the future);
Notifying the Investigative Committee about facts of changes in information about the policyholder (place of residence, surname, etc.);
Providing your policy details, in the event of an accident, to other participants in the incident;
Notification of an insured event your insurer, by means of a special notification form, within the period prescribed by law.
Providing reliable information about the insured event;
Providing a car to determine the extent of damage.

Driver's rights under OSAGO

OSAGO provides the policyholder with a number of rights.

They are as follows:

Receive compulsory insurance services from any insurer on an unconditional basis, if all conditions are met;
Reinstate the policy, lost for any reason;
Conclude an agreement for the selected time period;
Break the contract yourself in cases established by law (change of owner, etc.);
Receive insurance compensation in accordance with the provisions of the law and to the fullest extent;
Request additional insurance compensation if there is not enough initial payment to restore the car or health;
Demand reimbursement of expenses accompanying the insured event;
Require independent expertise from the insurer in case of disagreement with the conclusion of the initial inspection of the car by the insurance company employee;
Take advantage of advanced features compulsory insurance.

How is the price for compulsory motor liability insurance determined?

One of the main aspects of a car citizen is its price. In some sources you can find the statement that the cost of compulsory motor liability insurance is controlled by the state. This is only nominally true, since such control does not provide a fixed policy price.

In fact, the cost of the policy depends on:

Direct government regulation;
Insurer settlements;
Vehicle driver.

As a result, the variation in insurance prices can be very significant.

Let's take a quick look at all this.

Direct state regulation of the cost of compulsory motor liability insurance

According to Federal Law No. 40 (Articles 8-9), the Central Bank of the Russian Federation acts as a price regulator. But it only indicates the values of the basic tariff corridor for the insurance company.

This corridor is determined according to:

Maximum and minimum tariff rates;
Territorial coefficients.

According to Art. 9, clause 1 (Federal Law No. 40), the cost of the policy is calculated as the product of base rates (BS) and territorial coefficients (TC).

The BS and TC values are established by the Central Bank of the Russian Federation for a period of at least one year.

Basic tariff rates

These rates are divided into 7 tariff groups corresponding to related categories of auto, motorcycle, and electric transport.

These tariff groups can be divided into subgroups, according to various conditions that may affect the degree of risk of harm:

Type of subject of ownership;
Scope of application;
Nature of use;
Passenger capacity;
Load capacity.

I will give an example for passenger vehicles with a minimum and maximum base cost of the policy. Passenger cars are included in the tariff group for categories “B” and “BE”, which is divided into 3 subgroups:

Legal entity – from 2573 to 3087 rubles.
Individual (including individual entrepreneurs) – from 3432 to 4118 rubles.
Vehicles used as taxis – from 5138 to 6166 rubles.

Territorial coefficients

The basic cost of the policy also depends on the regional factor, according to Art. 9, clause 2 (Federal Law No. 40). This regulation was introduced due to significant differences in vehicle operating conditions between different regions (risk levels, price levels, etc.).

Such differences in conditions for compulsory motor liability insurance are expressed in territorial coefficients, the values of which are updated according to the same rules as the basic tariffs.

The territorial coefficient is determined according to the place of primary use of the vehicle, taking into account the registration address of the owner or possessor (Article 9, paragraph 2, paragraph “a”, Federal Law No. 40).

TCs are divided into 86 groups, almost entirely corresponding to the 85 subjects of the Federation. Group 86 is allocated for the foreign lease territory of Baikonur. Most groups are divided into subgroups - large cities have their own coefficient, and all other settlements have one common coefficient.

Also, without breaking away from the influence of the region, special-purpose vehicles have their own technical committees.

Insurance company calculations

Based on the base cost, insurers make their own calculations, taking into account the individual characteristics of the driver, vehicle and insurance history.

The main factors that influence the calculations of the insurance company are the following:

Basic price corridor;
Driver age;
Driving experience;
Accident-free driving;
Number of drivers included in the policy;
Period of validity of the contract;
Technical data of the vehicle.

Moreover, this list can be expanded, according to subparagraph “d” (clause 2, article 9 of Federal Law No. 40). For example, some insurance companies take into account the gender of the driver.

Accident-free driving of the driver

Accident-free driving is a special parameter that is fundamental for compulsory motor liability insurance. It is determined by the point system of bonus-malus coefficients (BMC) and it significantly affects the cost of insurance.

In this system, there is a basic value assigned to the driver at the start of his driving history - insurance class (initial KBM = 1, initial class = 3). Then, depending on the number of insurance payments, adjustments are made to this class annually, reducing or increasing it.

Moreover, this grade increases slowly (by 1 class unit or 0.5 KBM points per year). But you can lose it quickly - two insurance payments a year are enough to slide from the highest class (13) back to the basic one (3).

Such a system contributes to the so-called. accident-free driving, which has a beneficial effect on overall road safety.

However, there is one flaw here - insurance accident-freeness and true accident-freeness are not the same thing. Insurance companies reduce the cost of a policy not for the absence of accidents, but for the absence of insurance payments. That is, a driver can constantly get into accidents and be in bad standing with the traffic police, but if he settles everything privately, then for the insurance company he is “white and fluffy.”

In the future, this situation may change and the insurance company will be required to take into account all accidents recorded by the traffic police.

What types of auto insurance policies are there?

Within the framework of compulsory motor liability insurance there are several that the policyholder can choose on a voluntary basis.

Here is their list:

Basic MTPL– a classic policy that is mandatory. It assumes the possibility of access to vehicle control by no more than 5 drivers.
Unlimited MTPL– such a policy (issued for the main owner) gives the right to drive a car to an unlimited number of drivers. This option is significantly more expensive.
DSAGO is an extension to the MTPL policy, giving the driver the right to independently choose the amount of compensation in a wider range. This insurance is useful for expensive cars.
Seasonal compulsory motor liability insurance– allows the driver to significantly reduce the cost of the policy by reducing the insurance period (options for 3 or 6 months are available). This type of insurance is popular among those who do not use their vehicle all year round.
Electronic OSAGO (e-OSAGO)- this is not a type of policy, but the ability to purchase it online, which all insurance companies are required to provide since January 2017. This option is suitable for those who want to buy compulsory motor liability insurance quickly, without queues and the imposition of any additional fees. An electronic policy does not have a legally significant paper form. Although some companies offer e-OSAGO with a duplicate paper agreement, this is not provided for by law.

By 2020, it is planned to provide insurers with more freedom in terms of creating branded insurance programs for compulsory motor liability insurance. This is the idea of the so-called. imputed insurance, providing for the liberalization of tariffs and insurance conditions, but within the framework of state control.

What are the options for insurance compensation procedures?

As you know, the maximum payment amount under compulsory motor liability insurance for 2016 and 2017 is:

400 thousand rubles. – for damage to hardware;
500 thousand rubles.– for harm to health or life.

The amount of compensation is calculated based on the amount of damage within these limits. The minimum payment under compulsory motor liability insurance is not limited.

Insurance compensation methods have been constantly reformed. At first, only the classic option was available - the victim applied for compensation to the company of the culprit.

Then an alternative appeared - direct compensation from the insurance company of the victim, who could choose one of two options. Later, this innovation was canceled with the introduction of no alternative direct compensation. To all this, the option of in-kind compensation (car repair) was subsequently added.

So, what payment methods are available today? Here is their list, current as of February 2017:

Direct uncontested reimbursement– is currently the main payment option;
Classic compensation– a fallback option used for insured events, the conditions of which exclude payments under the main direct scheme;
Compensation in kind– now this option takes the place of an alternative.
Compensation compensation– this is an insurance option for cases when payments from the insurer are not available (for various reasons). Instead of the insurance company, the money is paid by the RSA (Russian Union of Insurers) from a special compensation fund.

Question on the topic: Does insurance pay to the person at fault for an accident?
This can only happen if the participants in the accident are both at fault. In such cases, compensation is usually 50% of the amount due. But the investigative team can make more accurate calculations, taking into account the share of blame of each participant in the incident.

What will happen to payment options in the near future?

Regarding payment options, it should be clarified that in 2017 a serious reform is coming in relation to payments - it is planned to replace cash compensation with in-kind compensation for almost all insurance cases.

Thus, on December 14, 2016, the State Duma adopted the corresponding bill (from M. Emelyanov) in the first reading. The Central Bank insists on putting the law into effect before March 1, 2017.

Emelyanov’s bill was introduced quite recently (by Duma standards) - in June 2016, and just six months later it was adopted in the first reading. Why such haste in such an important matter? After all, the Duma usually adopts laws after a thorough and rather lengthy discussion.

The fact is that in this area a situation has developed that is close to catastrophic, which threatens the entire MTPL system and requires urgent intervention.

Across the country, many law firms have proliferated, whose profile is to outbid the victims of their controversial insurance cases and knock out from the insurance company exorbitantly inflated claims for compensation in their favor. By introducing a non-monetary form of compensation as the main one, it is planned to improve the situation and cut the ground from under the feet of legalized legal fraud.

So important news is expected here, which I will certainly inform you about on the pages of my blog.

If the insurance risk has been increased and the insurance company requires additional payment, its amount is calculated according to the current tariffs at that time, which may differ from the original ones (Article 8, paragraph 3, paragraph 2 of Federal Law No. 40), keep this in mind.
Payment for the policy accepted by the insurance company from the policyholder(insurance premium) should participate in a larger share in direct insurance compensation, more precisely, it is 80% of the total amount paid.
Calculations and final price for the MTPL policy in one locality for one driver and one car should not differ significantly from different insurers, pay attention to this.
Statistical data on compulsory motor liability insurance(amounts of payments by policyholders, the number and amount of compensation, etc.) are published by the Central Bank in annual reports.

Conclusion

So, you have understood what compulsory motor liability insurance is, what principles it is based on, where it takes its roots and how this system works. Such knowledge will help you navigate the insurance company correctly and not be deceived.

How do you feel about the motor vehicle? Do you agree with the principles of such insurance? Share your opinion in the comments.

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That's all, share the article with your friends via social networks, subscribe to the blog and do not forget about compulsory insurance.

P.S. Pictured is the Range Rover Sport drive2.ru/r/landrover/1549183.