Civil liability means compensation for material losses and damage to the health of citizens injured as a result of the activities of the owner of dangerous technical means or structures. The law protects victims' rights to compensation. The state guarantees mandatory payments when an insured event occurs during the operation of such facilities.
Law on compulsory civil liability insurance
In the Russian Federation there are regulatory documents relating to liability insurance:
- “Civil Code, Part 2, Art. 930-970".
- “On compulsory civil liability insurance of vehicle owners” dated April 25, 2002 (No. 40-FZ).
- “On compulsory insurance of civil liability of the owner of a hazardous facility for damage caused by an accident at a hazardous facility” dated July 27, 2010 (No. 225-FZ).
The provisions of the Civil Code are fundamental for all subsequent regulations that detail and supplement them.
According to the law, the insured is the owner of dangerous objects. Insurance companies licensed for this type of activity act as guarantors of compensation for possible losses of the insured due to emergency situations. The agreement is concluded in writing.
If an insurance agreement is not concluded in favor of third parties and an insured event occurs, liability remains to the same extent as in the event of its occurrence.
Types of civil liability insurance
Each type of insurance has its own characteristics regarding the amount of insurance compensation to the injured party and the amount of the insurance premium for the policyholder. The object of insurance remains unchanged - property losses of the policyholder.
Vehicle owners liability insurance
According to the Federal Law, all types of vehicles are subject to insurance, with the exception of:
- having a speed of up to 20 km/h;
- on caterpillar, sled;
- motorized strollers;
- scooters, bicycles, wheelchairs;
- related to the Armed Forces of the Russian Federation, with the exception of buses, trucks for transporting service personnel and fulfilling economic needs;
- registered in the territory of other states;
- trailers owned by citizens.
In the video there is more information about MTPL insurance:
MTPL agreements are concluded by road carriers of passengers and cargo and individuals.
Compensation concerns damage caused to the property and health of the injured party.
Material losses mean:
- complete destruction;
- damage;
- losses (cash).
Physical damage is assessed as:
- disability;
- body functionality;
- fatal outcome.
The amount of compensation for personal injury is determined based on the costs of its restoration or monetary compensation to the relatives of the deceased, if he was the breadwinner.
On the video there is information about disability:
Moral damage is not taken into account in civil liability insurance.
You can get compensation for suffering through the courts.
According to the law, the insured, and therefore the culprit, can be a direct participant in the emergency and the owner of the vehicle, who is responsible for his employees.
The duration of the contract is from 3 to 12 months.
The size of tariffs and coefficients are set by the Central Bank of the Russian Federation
The maximum insurance compensation for injuries that cause temporary disability, disability or death is 500 thousand rubles. Payments for material damage cannot exceed 400 thousand rubles. Additional voluntary insurance makes it possible to avoid costs in case of compensation amounts exceeding the agreement under the compulsory motor liability insurance.
In the event of the death of the insured person, the right to compensation passes to his heirs. The amount is 500 thousand rubles. paid: 25 thousand. rub. – for burial, 475 thousand rubles. - relatives.
If an event occurs that is considered a risk, the policyholder is obliged to notify the insurance company about it within 10 days.
In addition to the application, passport, policy and driver’s license, there must be supporting evidence of the incident: 
- inspection reports by the traffic police and the Ministry of Internal Affairs;
- an examination report indicating the cost of restoring the vehicle;
- witness's testimonies;
- data from independent technical traffic control;
- copies of insurance for compulsory motor third party liability insurance of the affected parties.
If there are no injuries and the participants in the accident signed a protocol in which they discussed the types of damage and the amount to repair them, the insurer will compensate them according to a simplified procedure. In this case, compensation should not exceed 50 thousand rubles. (for Moscow, St. Petersburg, Moscow and Leningrad regions - 400 thousand rubles).
The repair period at a service station should not exceed 30 days.
The warranty period for restoring a damaged vehicle is up to 6 months, if necessary, painting the body is up to 12 months.
Compensation in the form of monetary compensation occurs if:
- the car cannot be restored due to complete destruction;
- the victim died during an accident;
- provided for by the terms of the contract in case of severe health consequences;
- the injured party is disabled;
- the culprit does not agree to pay extra for repairs at the service station.
Replacement of restoration repairs with insurance transfers is used if the insurance company is convicted (at least 2 times) of abuse in fulfilling contractual obligations.
Civil liability insurance for owners of hazardous facilities
The purpose of insurance is the material obligations of the owner of a dangerous structure or technical means to citizens for causing harm to health and property.
This law does not apply:
- to nuclear power plants;
- if the object is located outside the Russian Federation;
- when causing harm to the environment.
The contract applies to employees of the owner-insurant and strangers injured as a result of an accident (explosion, fire, leak of harmful substances).
The impossibility of living on the territory due to the destruction of buildings, a threat to health (violation of living conditions) due to a technical failure is considered an insured event.
The video shows general information about insuring dangerous objects:
Dangerous objects subject to compulsory insurance include:
- elevators in apartment buildings;
- escalators (except metro);
- lifts for the disabled;
- moving walkways;
- Gas stations (except gas);
- hydroelectric dams;
- production facilities of hazard class I-III (according to the state register).
Starting production activities and using the listed structures and technical equipment without compulsory civil liability insurance is prohibited.
The amount of the insured amount depends on the insured risk (number of victims) and can reach billions of rubles:
- 3000 people – 6 billion 500 million rubles;
- from 1500 to 3000 people – 1 billion rubles;
- 10-75 people – 10 million rubles;
- more than 50 people in coal mines – 100 million rubles;
- up to 50 people at chemical, petrochemical, and oil refineries – 50 million rubles;
- up to 10-25 million – for other dangerous objects.
Those injured upon the occurrence of an insured event will be paid:
- in case of death for each - 2 million rubles;
- for burial – 25 thousand rubles;
- for harm to everyone’s health – 2 million rubles;
- violation of living conditions – up to 200 thousand rubles;
- property losses – up to 500 thousand rubles.
Refund procedure:
- the first priority is health and life;
- the second – living conditions;
- the third is property.
If there are insufficient insurance amounts for the established payments, the policyholder is obliged to compensate them at his own expense.
Insurance rates are set by the Central Bank of the Russian Federation.
The amount of the insurance premium (payment for the services of the insurance company) depends on the base rates, coefficients and the insured amount.
The insurance agreement is valid for 1 year.
The policyholder is obliged to notify the insurance company about the accident immediately. After an investigation into the causes of the accident, a report is drawn up, which every victim must have.
COMPANY "POLIS-GARANT"
I APPROVED
CEO
"Polis-Garant"
_____________________ / /
"___" _______________ 200___ g.
RULES
CIVIL INSURANCE RESPONSIBILITYLEGAL ENTITIES TO THIRD PARTIES
1. Basic terms and definitions.
2. General provisions.
3. Insurance subjects.
4. Object of insurance.
5. Insurance territory.
6. Insurance risks, Insured event.
7. Sum insured.
8. Deductible and reimbursement limit.
9. Insurance premium (insurance premium).
10. The procedure for concluding and the validity period of the insurance contract.
11. Change and termination of the insurance contract.
12. Consequences of increasing the likelihood of an insured event.
13. The procedure for interaction between the parties when presenting claims for damages to the Policyholder (Insured Person).
14. Determination of the amount and procedure for payment of insurance compensation.
15. Other rights and obligations of the parties.
16. Insurance in foreign currency equivalent.
17. Final provisions.
1.1. The terms and concepts used in these Rules are in some cases specifically explained by relevant definitions. The definitions of terms and concepts given in these Rules also apply to the corresponding terms and concepts used in insurance contracts concluded on the basis of these Rules. If the meaning of any name or concept is not specified by the Rules and cannot be determined based on legislation and regulations, then such name or concept is used in its usual lexical meaning.
1.2. Basic terms and definitions used in these Rules.
Insurer– an insurance organization that carries out insurance activities in accordance with the legislation of the Russian Federation and has a license for this type of insurance, issued by the federal executive body for supervision of insurance activities.
Policyholder – a legal entity or a legally capable individual who has entered into an insurance contract with the Insurer.
Beneficiary– an individual or legal entity in whose favor an insurance contract is concluded.
Insured person– a legal entity whose property interests are insured.
Third parties– any individuals and legal entities, with the exception of the Policyholder, the Insurer and the Insured.
Insurance contract – an agreement between the Policyholder and the Insurer, by virtue of which the Insurer undertakes to pay insurance compensation for the fee stipulated by the insurance contract (insurance premium) upon the occurrence of an insured event.
Insurance risk- an expected event that has signs of probability and chance, in the event of which insurance is carried out.
Insurance case– an event that has occurred, provided for by the insurance contract, upon the occurrence of which the Insurer’s obligation arises to pay insurance compensation.
Sum insured– the amount of money determined by the insurance contract, within which the Insurer undertakes to pay insurance compensation upon the occurrence of an insured event (insured events) in the manner prescribed by these Rules and the insurance contract, and on the basis of which the amount of the insurance premium is established.
Insurance premium– an insurance fee that the Policyholder is obliged to pay to the Insurer in the manner and within the time limits established by the insurance contract.
Insurance rate– the insurance premium rate charged per unit of sum insured or set as a percentage of the sum insured.
Insurance fee– part of the insurance premium paid in installments.
Insurance compensation– an amount of money within the limits of the insured amount established by the insurance contract, which the Insurer, in accordance with the insurance contract, must pay to the Policyholder (the Beneficiary) upon the occurrence of an insured event.
Duration of the insurance contract– the period of time during which the provisions of the insurance contract are binding on the parties.
Insurance protection (insurance) – legal relationship between the Insurer and the Policyholder (Insured Person), by virtue of which the property interests of the Policyholder (Insured Person) associated with the possibility of an insurance event occurring are protected through the emergence of the Insurer's obligation to fully or partially compensate for damage caused in accordance with the terms of the insurance contract.
Period of insurance coverage (insurance)– the period of time during which the above legal relationship is valid.
Insurance territory – the territory covered by insurance protection (insurance). Insured events provided for in an insurance contract can be recognized as insured events only if they occurred within the insurance territory.
Conditional franchise– the amount of damage that is not subject to compensation by the Insurer, if the amount of damage does not exceed the amount of the deductible. If the amount of damage exceeds the amount of the conditional deductible, then the damage is fully compensated.
Unconditional franchise– the amount of damage that is not subject to compensation by the Insurer. If the amount of damage exceeds the amount of the unconditional deductible, then the damage is compensated minus the amount of the unconditional deductible.
Refund limit– the maximum amount of insurance compensation for one or a group of insurance risks, for one insured event or for the entire period of validity of the insurance contract.
2.1. In accordance with the current legislation of the Russian Federation (RF) and on the basis of these “Rules for insurance of civil liability of legal entities to third parties” (hereinafter referred to as the “Rules”), the “Policy-Garant” company (hereinafter referred to as the “Insurer”) concludes contracts for insurance of civil liability of legal entities to third parties (hereinafter referred to as “insurance contracts”) with the Insured.
2.2. These Rules determine the general procedure and conditions for the conclusion, execution and termination of voluntary insurance contracts for the property interests of the Policyholder (Insured Person) related to his responsibility compensate for damage caused to the life, health or property of third parties in the manner established by the current legislation of the Russian Federation.
2.3. When concluding an insurance contract under the terms of these Rules, the insurance contract must directly indicate the application of the Rules and the Rules themselves must be attached to the insurance contract as an integral part thereof. Delivery of the Rules to the Policyholder is certified by an entry in the insurance contract.
2.4. When concluding an insurance contract, the Parties may agree to amend or exclude certain provisions of the Rules and to include in the insurance contract conditions different from those contained in these Rules, if such changes and additions do not contradict the current legislation of the Russian Federation.
2.5. The terms of the insurance contract take precedence over the terms of these Rules.
3.1. Insurer - Open Joint Stock Company "Insurance Company "Polis - Garant".
3.2. Insurers under insurance contracts concluded on the basis of these Rules may be legal entities of any organizational and legal forms, as well as capable individuals.
3.3. Under an insurance contract concluded on the basis of these Rules, the risk of liability of the Insured himself or another person to whom such liability may be assigned (the Insured Person) may be insured. Such a person must be named in the insurance contract. If this Insured person is not named in the insurance contract, the risk of liability of the Insured himself is considered insured. When concluding an insurance contract, the Policyholder is obliged to familiarize the Insured person with these Rules.
3.4. Insured persons under insurance contracts concluded on the basis of these Rules may be legal entities of any organizational and legal forms and individual entrepreneurs, as a result of whose activities harm may be caused to the life, health and/or property of Third Parties.
3.5. Beneficiaries under an insurance contract are persons who may be harmed by actions (inactions) for which the Policyholder (Insured Person) is responsible by virtue of law or other legal acts.
4.1. The object of insurance is the property interests of the Policyholder (Insured Person) related to his obligation, in the manner established by the legislation of the Russian Federation, to compensate for the damage caused life, health or property of Third Parties.
5.1. Insurance protection (insurance) applies only to those premises/land plots whose location is specified in the insurance contract (insurance territory).
5.2. The insurance territory established in the insurance contract may be expanded and/or changed by concluding an additional agreement.
6.1. An insurance contract can be concluded against the following insurance risks:
6.1.1. “Damage to life/health of Third Parties”– the occurrence of the obligation of the Policyholder (Insured Person) to compensate for damage caused to the life and/or health of Third Parties.
6.1.2. “Damage to Third Party Property”– the occurrence of the obligation of the Policyholder (Insured Person) to compensate for damage caused to the property of Third Parties.
6.2. Based on these Rules, an insurance contract can be concluded against all insurance risks listed in clause 6.1. in the aggregate or any of the risks separately.
6.3. The insurance risk specified in clause 6.1. is recognized as an insured event if the obligation of the Policyholder (Insured Person) to compensate for damage arose on the basis of a court decision that has entered into legal force;
6.4. The insurance contract may provide for the payment of insurance compensation without a decision of the judicial authorities - on the basis of a claim presented to the Policyholder (Insured) for compensation for damage caused, recognized by him voluntarily with the written consent of the Insurer.
6.5. Unless otherwise provided by the insurance contract, events that occur as a result of:
6.5.1. exposure to a nuclear explosion, radiation or radioactive contamination;
6.5.2. military operations, as well as maneuvers or other military events;
6.5.3. civil war, civil unrest of any kind or strikes;
6.5.4. committing or attempting to commit an intentional crime with the participation of the Policyholder (Insured Person) or the Beneficiary;
6.5.5. terrorist attack;
6.5.6. intentional actions of the Policyholder (Insured Person), injured Third Parties (their representatives) or collusion between them;
6.5.7. actions of the Insured's (Insured Person's) personnel to manage production processes who are not authorized to do so or who have not undergone appropriate training, retraining, or instruction;
6.5.8. violations by the Policyholder (Insured Person) of normatively established fire safety, sanitary and other measures;
6.5.9. illegal actions (inaction) of state bodies, local government bodies or officials of these bodies, including as a result of the publication by these bodies and officials of acts that do not comply with laws or other regulatory legal acts;
6.5.10. operation by the Policyholder (Insured Person) of technically faulty vehicles, equipment, machinery and mechanisms, if the Policyholder knew or should have known about the faults;
6.6. Unless otherwise provided by the insurance contract, the following damages are not subject to compensation:
6.6.1. caused to persons who are in an employment relationship with the Policyholder (Insured Person) in connection with the performance of their official (official) duties;
6.6.2. related to claims made in accordance with the rules on compensation for workers upon dismissal, unemployment benefits, etc.;
6.6.3. caused to property owned by the Policyholder (Insured Person) or in his possession (use, disposal) on another basis provided by law or contract;
6.7. The insurance contract contains a list of exceptions specified in clause 6.5. and 6.6. of these Rules may be expanded.
7.1. The insured amount is established by agreement of the parties to the insurance contract.
7.2. Unless otherwise provided by the insurance contract, then when insurance compensation is paid in an amount less than the insured amount, the contract continues to be valid, but the insured amount under the insurance contract from the date of the insured event is considered reduced by the amount of the compensation paid.
8.1. The insurance contract may establish a deductible.
8.2. The deductible can be conditional or unconditional and is set as a percentage of the insured amount, as a percentage of the amount of damage (loss) or in an absolute amount.
8.3. The deductible can be set for each or a group of insurance risks, for each or several insured events.
8.4. The insurance contract may provide for the establishment of a limit(s) of indemnity. The indemnity limit can be set in an absolute amount or as a percentage of the sum insured.
8.5. The insurance contract may provide for compensation limits for certain groups of expenses of the Policyholder (Insured Person) related to the insured event, in particular, for the costs of conducting cases in the courts.
9.1. The insurance premium for each insurance risk is set based on the amount of the insured amount and taking into account factors affecting the likelihood of an insured event occurring and the amount of possible losses.
9.2. The insurance premium can be paid in one lump sum or in installments. When paying an insurance premium in installments, the payment procedure must be specified in the insurance contract.
9.3. The insurance premium is paid by bank transfer to the Insurer's bank account or, by agreement of the parties, in cash to the Insurer's cash desk.
9.4. The date of payment of the insurance premium (insurance premium) is considered to be:
¾ day of debiting funds from the Policyholder's account in favor of the Insurer for non-cash payment;
¾ day of receipt of the amount of the insurance premium (insurance contribution) by the Insurer or its representative in case of cash payment;
10.1. The insurance contract may be concluded on the basis of an oral or written application from the Policyholder.
10.2. The insurance contract must be concluded in writing. Failure to comply with the written form entails the invalidity of the insurance contract.
10.3. When concluding an insurance contract, the Policyholder is obliged to inform the Insurer about all circumstances known to him that are significant for determining the likelihood of the occurrence of an insured event and the amount of possible losses from its occurrence, if these circumstances are not known and should not be known to the Insurer.
10.4. The insurer has the right to demand that the insurance contract be invalidated and that the consequences provided for in paragraph 2 of Article 179 of the Civil Code of the Russian Federation be applied if, after concluding the insurance contract, it is established that the Insured has knowingly provided false information to the Insurer when concluding the insurance contract.
The insurer cannot demand that the insurance contract be invalidated if the circumstances that the Insured was silent about have already disappeared.
10.5. When concluding an insurance contract, an agreement must be reached between the Policyholder and the Insurer on the following essential conditions:
a) about the object of insurance;
b) the nature of the event for which insurance is provided;
c) about the amount of the insured amount;
d) on the validity period of the insurance contract.
10.6. The insurance contract comes into force and the period of insurance protection begins on the date specified in the contract as the “start date of the contract”, but not earlier than zero o’clock on the day following the day of payment of the insurance premium (first insurance premium).
The insurance contract terminates and the period of insurance protection ends on the date specified in the insurance contract as the “Contract Expiration Date”.
Unless otherwise provided by the insurance contract, if the Policyholder fails to pay the next insurance premium, the period of insurance coverage is suspended for the duration of the delay in payment. Events that occurred during the period of delay in payment are not recognized as insured events and insurance compensation is not paid for them.
Suspension of the period of insurance coverage does not relieve the Policyholder from paying the insurance premium in the amount established by the insurance contract.
10.7. The insurance contract may provide for other options for its entry into force, establishing its validity period and the period of validity of insurance protection.
10.8. An insurance contract can be concluded by drawing up one document signed by the parties, or by delivering an insurance policy (certificate, certificate, receipt) signed by the Insurer to the Insured.
10.9. If the Policyholder loses the insurance contract, upon written application, he may be issued a duplicate of the contract.
11.1. Changes or additions to the terms of the insurance contract are possible by agreement of the parties, concluded in writing, unless otherwise provided by the insurance contract.
11.2. In the event of a change (addition) to the terms of the insurance contract, the new conditions begin to apply from the moment the additional agreement is concluded, unless otherwise directly provided for by the additional agreement or does not follow from the nature of the change in the insurance contract.
11.3. The insurance contract is terminated in the following cases:
¾ expiration of its validity period;
¾ fulfillment by the Insurer and the Policyholder of their obligations under the insurance contract in full;
¾ liquidation of the Policyholder and/or Insurer in the manner established by the legislation of the Russian Federation;
¾ recognition of the insurance contract as invalid by the court;
¾ in other cases provided for by the legislation of the Russian Federation and these Rules.
11.4. The insurance contract is terminated before the expiration of the period for which it was concluded if, after its entry into force, the possibility of the occurrence of an insured event has ceased and the existence of the insured risk has ceased due to circumstances other than the insured event.
In this case, the Insurer has the right to a portion of the insurance premium in proportion to the time during which the insurance was in force. When calculating the portion of the premium paid that is subject to refund, the Insurer has the right to deduct the costs incurred for conducting the business in accordance with the approved tariff rate structure.
11.5. The policyholder has the right to refuse to fulfill the insurance contract at any time, if by the time of refusal the possibility of the occurrence of an insured event has not disappeared due to the circumstances specified in clause 11.4. of these Rules by sending a written notice to the Insurer. In case of early termination of the contract on this basis, the insurance premium paid to the Insurer is not refundable, unless otherwise provided by the contract.
11.6. Unless otherwise provided by the insurance contract, if the Insurer cancels the insurance contract early, part of the insurance premium for the unexpired term of the insurance contract shall be refunded.
11.7. Termination of the insurance contract does not relieve the Parties from fulfilling obligations under the insurance contract that arose before its termination.
12.1. During the period of validity of the insurance contract, the Policyholder (the Beneficiary) is obliged to immediately notify the Insurer of significant changes that become known to him in the circumstances communicated to the Insurer when concluding the insurance contract, if these changes can significantly affect the increase in the likelihood of an insured event or the amount of possible damage.
In any case, any changes in the circumstances specified in the insurance contract (insurance policy), the Application for Insurance and these Rules are considered significant.
12.2. The insurer, notified of circumstances leading to an increase in the likelihood of an insured event, has the right to demand changes in the terms of the insurance contract or payment of an additional insurance premium in proportion to the increase in the likelihood of an insured event.
12.3. If the Policyholder objects to changing the terms of the insurance contract or additional payment of the insurance premium, or the Policyholder has not fulfilled the obligation provided for in clause 12.1 of these Rules, the Insurer has the right to demand termination of the insurance contract and compensation for losses caused by termination. The period of validity of insurance protection (insurance) ends from the moment the probability of an insured event increases.
12.4. The insurer has no right to demand termination of the insurance contract if the circumstances leading to an increase in the likelihood of the occurrence of an insured event have already ceased.
13.1. Upon the occurrence of an event that may lead to the occurrence of an insured event
13.1.1. immediately, but in any case no later than 1 (one) business day from the moment the Policyholder became aware of the occurrence of such an event, unless the insurance contract provides for a different notification period, notify the Insurer or its representative of the event;
13.1.2. immediately take possible measures to prevent and/or reduce harm caused to the life, health and/or property of third parties;
13.1.3. follow the instructions received from the Insurer, if possible;
13.1.4. inform the Insurer about the filing of a claim by the injured person in court;
13.1.5. provide the Insurer with copies of written claims and demands, as well as statements of claim;
13.1.6. provide the Insurer's representative with the opportunity to determine the causes and extent of damage, as well as ensure the participation of the Insurer's representative in any commissions created to establish the causes and determine the amount of damage;
13.1.7. by written order to transfer to the Insurer the rights to represent the interests of the Policyholder (Insured Person) in judicial authorities and other authorities on issues related to the damage caused;
13.2. After the entry into force of a decision of a judicial authority establishing the Insured’s obligation to compensate for the damage caused, or in the event of the Insured’s voluntary recognition (with the written consent of the Insurer) on the basis of a claim (demand) presented to him of his obligation to compensate for the damage. The Policyholder (Insured Person) is obliged to:
13.2.1. contact the Insurer with a claim for damages;
13.2.2. Attach to the application for compensation originals or copies of the following documents:
¾ insurance contract (insurance policy);
¾ license (permit) for the right to carry out economic or other activities (if obtaining a license is necessary);
¾ claims (demands) from an injured third party for compensation for damage caused (statement of claim to the courts);
¾ a court decision imposing the obligation on the Policyholder (Insured Person) to compensate for the damage caused;
¾ documents relating to the circumstances of the insured event, its causes and the amount of damage, in particular:
a) in case of fire - acts of fire protection, law enforcement agencies, conclusions of fire-technical examination, state commissions, data indicating the level of fire safety, indicating the date of the last inspection of the enterprise by a state fire inspector, a list of injured persons, indicating the nature of the harm caused to life or health, a list of damaged (destroyed) property of third parties indicating the degree of damage, certified by the competent authorities, other documents confirming the fact of the event and the amount of damage caused;
b) in case of an accident - reports, conclusions of emergency technical services, law enforcement agencies, state commissions, acts indicating the technical condition of communications, indicating the date of their last inspection, a list of injured persons, indicating the nature of the harm caused to life or health, a list of damaged ( destroyed) property indicating the extent of damage, certified by the competent authorities, other documents confirming the fact of the occurrence of the event and the amount of damage caused;
¾ documents from the medical institution (certificate of incapacity for work, extract from the medical history, etc.), signed by the chief physician (the person replacing him), or the conclusion of the institution of the state medical and social examination service (MSEC) (in case of harm to the health of an individual);
¾ death certificate and documents certifying the right to enter into inheritance rights (in the event of the death of an individual);
¾ in all cases when law enforcement agencies took part in the investigation of the circumstances that led to harm - duly certified copies of the decision to initiate or copies of the decision to refuse to initiate criminal proceedings;
The Insurer has the right to reduce the above list of documents or request additional documents from the Policyholder (Insured Person), if, taking into account specific circumstances, their absence makes it impossible to establish the fact of the occurrence of an insured event and determine the amount of damage caused.
Failure by the Policyholder (Insured Person) to provide, without objective reasons, the documents required by the Insurer, the absence of which makes it difficult or impossible to establish the circumstances of the insured event and/or the amount of damage caused, gives the Insurer the right to refuse to pay the insurance compensation to the extent not confirmed by such documents.
13.3. After the entry into force of a decision of a judicial authority establishing the Insured’s obligation to compensate for the damage caused, or in the event of the Insured’s voluntary recognition (with the written consent of the Insurer) on the basis of a claim (demand) presented to him of his obligation to compensate for the damage. The insurer is obliged:
13.3.1. approve the insurance act upon the occurrence of damage within 10 (ten) working days after receiving from the Insured a written application for compensation for damage and all documents necessary to establish the fact, causes and amount of damage. In the insurance act, the Insurer indicates the decision to pay (refusal to pay) the insurance compensation, as well as the amount of the insurance compensation to be paid in the event of a decision to pay. A copy of the insurance act is given to the Insured upon his request;
13.3.2. in case of refusal to pay the insurance compensation, inform the Insured about this in writing with a reasoned justification of the reasons for the refusal.
13.4. The insurer has the right:
13.4.1. send requests to the competent authorities on issues related to investigating the causes and determining the amount of damage caused by the insured event;
13.4.2. undertake, by written order of the Insured (Beneficiary), to protect his rights and conduct all matters related to the settlement of losses.
14.1. Upon recognition of the occurrence of an insured event, the Insurer makes payment of insurance compensation.
14.2. Insurance compensation is paid in the amount of damage caused to the life, health and/or property of third parties, established by a decision of the judicial authorities or in pre-trial proceedings, if this is provided for by the terms of the insurance contract, but not more than the insured amount (indemnity limits) established by the insurance contract.
14.3. The amount of insurance compensation includes:
14.3.1. Expenses of the Policyholder (Insured Person) to compensate for damage caused to the life or health of Third Parties. Such costs include:
¾ earnings (income) lost by the victim, determined in accordance with the civil legislation of the Russian Federation, which he had or could definitely have;
¾ additional expenses incurred due to injury to health, including costs of treatment, additional food, purchase of medications, prosthetics, outside care, sanatorium treatment, purchase of special vehicles, preparation for another profession, if it is determined that the victim needs in these types of assistance and care and is not entitled to receive them free of charge;
¾ payments to persons who, in accordance with civil law, have the right to compensation for damage in connection with the death of the breadwinner, in the amount of the share of the earnings (income) of the deceased that they received or had the right to receive for their maintenance during his life;
¾ funeral expenses.
14.3.2. Expenses of the Policyholder (Insured Person) to compensate for damage caused to the property of Third Parties:
¾ in case of loss of property - the actual value of the lost property minus depreciation at the time of the insured event and the value of the remainder suitable for use;
¾ in case of partial damage to property - the amount of expenses necessary to bring the damaged property to the condition in which it was before the insured event.
If, in the event of partial damage to property, the costs of its restoration (repair) exceed the actual value of this property, then insurance compensation is paid in the amount of its actual value at the time of the insured event.
14.3.3. Expenses incurred by the Policyholder (Insured Person) in order to reduce damage subject to compensation by the Insurer, if such expenses were necessary or were incurred to fulfill the instructions of the Insurer.
14.3.4. Necessary and expedient expenses incurred by the Policyholder (Insured Person) with the written consent of the Insurer for the purpose of preliminary clarification of the circumstances and causes of the occurrence of an insured event, if reimbursement of such expenses is provided for in the insurance contract.
14.3.5. Expenses of the Policyholder (Insured Person) incurred in connection with the consideration of the circumstances of the occurrence of an insured event in court, if reimbursement of such expenses is provided for in the insurance contract.
14.4. Payment of insurance compensation is made in cash through the Insurer's cash desk or by non-cash transfer of funds to the bank account of injured third parties or the Policyholder (Insured Person), if he independently, with the written consent of the Insurer, compensated for the damage caused.
14.5. The expenses specified in clauses 14.3.4, 14.3.5 and 14.3.6 are subject to reimbursement only if the event is recognized as insurable. Reimbursement of expenses specified in clauses 14.3.4, 14.3.5 and 14.3.6 of these Rules is made to the Policyholder (Insured Person).
14.6. The day of payment of insurance compensation is considered:
¾ in cash: the day the amount of insurance compensation is received by the injured third party or the Policyholder (Insured Person) at the Insurer's cash desk.
14.7. The amount of the unconditional deductible is withheld from the amount of insurance compensation to be paid.
14.8. Insurance compensation is paid within 5 (five) working days from the date of approval of the insurance act, unless the Agreement provides for a different payment period.
14.9. The insurer has the right to defer payment of insurance compensation in the event of:
14.10. The Insurer has the right to refuse to pay insurance compensation to the Policyholder if:
15.1. The insurer is obliged:
15.1.1. familiarize the Policyholder with the Insurance Rules and hand them over to the Policyholder upon concluding the insurance contract;
15.1.2. not to disclose information received by him as a result of his professional activities about the Policyholder (Insured Person) and their property status, except for cases provided for by the current legislation of the Russian Federation.
15.2. The insurer has the right:
18.2.1 check compliance by the Policyholder (Insured Person) with the requirements of these Rules and the insurance contract;
18.2.2 require the Insured to fulfill its obligations in accordance with the terms of the insurance contract, these Rules and the current legislation of the Russian Federation
15.3. The policyholder is obliged:
15.3.1. pay the insurance premium on time in accordance with the terms of the insurance contract;
15.4. The policyholder has the right:
15.4.1. obtain information about the Insurer in accordance with the current legislation of the Russian Federation;
15.4.2. demand that the Insurer fulfill its obligations in accordance with the terms of the insurance contract, these Rules and the current legislation of the Russian Federation;
15.5. The insurance contract may also provide for other rights and obligations of the parties.
16.1. The insurance contract can be concluded in foreign currency equivalent.
16.2. When insuring in currency equivalent, in the insurance contract, the insured amount and insured value are indicated in foreign currency, the equivalent of which is the corresponding amounts in Russian rubles.
16.3. The insurance premium (insurance premium) is paid in rubles at the rate of the Central Bank of the Russian Federation established for the insurance currency on the date of payment of the insurance premium (insurance premium).
16.4. The amount of damage is calculated in the insurance currency.
16.5. Unless otherwise provided by the insurance contract, insurance compensation is paid in rubles at the exchange rate of the Central Bank of the Russian Federation established for the insurance currency on the date of the insured event.
16.6. The exchange rate for payment of insurance compensation may be limited by the insurance contract.
16.7. If the amount of damage is determined in Russian rubles, then the amount of damage in the insurance currency, unless otherwise provided by the insurance contract, is calculated based on the exchange rate of the Central Bank of the Russian Federation established for the insurance currency on the date of the insured event.
17.1. All disputes and disagreements that may arise from the validity of these Rules and the insurance contract are resolved by the Parties in the manner established by the current legislation of the Russian Federation.
17.2. If certain provisions of this Agreement become invalid or conflict with the current legislation of the Russian Federation, the remaining provisions remain in force.
Such events include, in particular: the Insured's receipt of a claim from an injured person for compensation for damage caused, the injured person filing a claim in court.
Gradually our citizens understand all the benefits of insurance.
The market for insurance company services is constantly expanding, there are more clients, and more services are being added.
Among the most popular types is third party liability insurance. This includes a fairly large list of services.
Which of them are the most popular and how to conclude an insurance contract?
Concept
In practice, a situation often arises in which causing damage to third parties becomes a serious headache.
When considering third party liability insurance, the most common consideration is for damage caused by, for example, flooding or fire. However, this concept is much broader.
The most common type of insurance for civil liability to third parties is compulsory motor liability insurance - it provides for the insurance company to have insurance costs in the event that the insured vehicle causes damage to another vehicle through participation in an accident.
In such a situation, the beneficiary is not the owner of the insured car, but a third party who suffered from the unlawful actions of the insured.
Such installation of the beneficiary (recipient) as a third party is beneficial for all parties to the contractual relationship.
The practicality is as follows:
- all contacts and negotiations with a third party who suffered damage are carried out by the insurance company, and not by the insured person;
- the insured person is relieved of the need to verify the objectivity of the claimed damage;
- All damage is fully covered by the insurance company.
Thus, the insured person not only gets rid of monetary costs, but also significantly saves his time.
In the event of a fire and other unpleasant incidents in an apartment, house or other residential premises, the property of neighbors often suffers: the fire tends to spread to neighboring areas, and the water and foam that firefighters use when extinguishing a fire will also cause damage not only to the fire victim himself, but also to to those who live next to him.
A broken water tap can cause a lot of trouble for an entire entrance, and a damaged sewer can cause a whole country street.
This means that the owner or tenant of such an apartment or such a house will have to compensate for damage to neighbors - this is his civil liability to third parties.
It is beneficial to insure liability to third parties and for such persons. Firstly, it is possible to avoid manipulation by the person who caused the damage regarding the price of the damaged property. Secondly, the third party is guaranteed to receive compensation for their damages.
Kinds
Third party liability insurance can be divided into:
- general liability insurance;
- manufacturer or service provider liability insurance;
- directors' or officers' liability insurance;
- employer's liability insurance;
- professional liability insurance;
- liability insurance for environmental damage;
- vehicle owner liability insurance;
- liability insurance for the owner of a vehicle when traveling abroad.
The most common type, as mentioned earlier, is insurance related to automobiles - OSAGO. General liability insurance covers the fire and flood events described earlier.
For all these types of insurance, the common object is property interests associated with causing damage to property, life or health of third parties.
In this case, the damage caused must be a direct consequence of the actions of the insurer (causality). It should also be noted that this classification is conditional, although generally accepted by all insurance companies.
Insurance procedure and practical nuances
The conclusion of any insurance contract from the above requires the presence of a public offer (proposal) on the part of the insurance company.
A public offer provides for an offer that any consumer can agree to.
After contacting the insurance company, the client receives the terms of the contract (its form), which he must familiarize himself with. If the client has no objections, the contract can be signed by the parties and accepted for execution.
Also, for some types of insurance, the procedure for concluding an agreement online is possible. For example, the law directly provides for the possibility of such a conclusion of an agreement under compulsory motor liability insurance.
The owner of the vehicle, who is entrusted with the obligation of insurance, can be defined as the person who is the legal owner or possessor of the property, and is obliged to insure the vehicle no later than five days from the date of acquisition of his rights to it.
The issue of insuring a vehicle purchased “by proxy” is debatable. This type of conclusion of a purchase and sale agreement is often practiced in the market due to its low cost.
Is a person who drives a vehicle under a power of attorney required to insure it? Definitely obliged. This category of persons falls under the definition of a vehicle owner.
To conclude an MTPL agreement, the user must go to the insurance company’s website and leave there the personal data necessary to conclude an insurance agreement.
After this, you need to pay for compulsory motor insurance. Immediately after receiving payment, the insurance company draws up an insurance contract and sends it to the insured person.
The peculiarity of this type is that the insurance contract can be received by the insured person by e-mail and simply printed on a regular printer.
This type of printed contract is acceptable for presentation, for example, to traffic police officers upon their request; however, judicial practice suggests that obtaining an insurance contract in the original is still a priority.
Features of the procedure
A mandatory element of a liability insurance contract is clear listing of types of insurance risks, from which, accordingly, the counterparty under the contract is insured.
In practice, quite often insurance companies offer contractual counterparties to conclude a deal on standard terms. However, the list of specified standard conditions usually does not include cases of natural disaster or other natural disasters.
If the insured person does not pay attention to this when concluding a contract, this could potentially negatively affect insurance payments in the future.
Another important point is to clearly define the identity of the beneficiary (beneficiary). After all, the availability of room for manipulation on the part of the insurance company will depend on how clearly the list of beneficiaries is indicated.
Not all insurance companies provide third party liability insurance.
Every year, legal and financial portals compile a list of market leading insurance companies. Based on the results of 2015, the market leader in this segment is Tinkoff Insurance.
]On the company’s website you can find all permitting documents freely available, as well as fill out an online application form to receive an insurance contract.
Regardless of the form of concluding a civil liability insurance contract to third parties and the scope of its conclusion, such a contract can be considered a good guarantee of future risks.
According to Art. 931 of the Civil Code of the Russian Federation, under an insurance contract for the risk of liability for obligations arising as a result of causing harm to the life, health or property of other persons, the risk of liability of the insured himself or another person to whom such liability may be assigned can be insured. The person whose risk of liability for damage is insured must be named in the insurance contract. If this person is not named in the contract, the risk of liability of the policyholder himself is considered insured. An insurance contract for the risk of liability for causing harm is considered to be concluded in favor of persons who may be harmed (beneficiaries), even if the contract is concluded in favor of the insured or another person responsible for causing the harm, or the contract does not say in whose favor it is concluded. In the event that liability for causing harm is insured due to the fact that its insurance is mandatory, as well as in other cases provided for by law or the insurance contract for such liability, the person in whose favor the insurance contract is considered to have been concluded has the right to make a claim directly to the insurer for compensation for damage. within the limits of the insured amount.
Civil liability for causing harm to another person (person or property) is of a property nature and means that the person who caused it is obliged to fully compensate the victim for losses, “unless the law or contract provides for compensation for losses in a smaller amount” (Part 1 of Art. 15 Civil Code of the Russian Federation).
According to Art. 15 of the Civil Code of the Russian Federation, the losses subject to compensation include the costs of the injured person to restore his violated right and the value of losses from loss or damage to property (real damage), lost income that the injured person would have received under normal conditions of civil circulation, if his right had not been violated (lost profits).
Liability insurance provides insurance protection of the property interests of the policyholder (insured person) due to damage to the life, health or property of third parties as a result of production or any other activity, accidents, harmful emissions, etc.
Liability insurance guarantees compensation for losses caused by the policyholder (insured person) to third parties within the limits of the insured amount under the insurance contract. Part of the losses of the injured person that is not covered by the insurance amount must be compensated to him by the policyholder (insured person) voluntarily or through the court.
When concluding an insurance contract for liability for causing harm, as a rule, it is not known to whom exactly the insurance compensation will be paid in the event of an insured event, and the victim-beneficiary is unknown. When insuring the carrier's liability, passengers or cargo owners (shipper, consignee) may be known, but other persons who may be harmed by the vehicle or cargo delivered by the carrier may be unknown.
It should be noted that in paragraph 4 of Art. 931 of the Civil Code of the Russian Federation establishes the right of the beneficiary to demand compensation for damage from the insurer. However, this raises problems in its interpretation. AND ABOUT. Aksenova expressed the opinion that the victim, who is the beneficiary of the liability insurance contract for causing harm, has the right to apply for payment of insurance compensation directly to the insurer only in a limited number of cases established by clause 4 of Art. 931 Civil Code of the Russian Federation. The same idea is contained in the article by V.A. Rakhmilovich "New types of insurance in the Civil Code." The authors of these works are perplexed why the legislator for a specific type of relationship abolished the general rule of paragraph 1 of Art. 430 of the Civil Code of the Russian Federation regarding the right of the beneficiary to demand the fulfillment of an obligation in his favor. Norm clause 4 art. 931 of the Civil Code of the Russian Federation does not cancel the unconditional right of the beneficiary to apply directly to the insurer for payment of insurance compensation in accordance with paragraph 1 of Art. 430 Civil Code of the Russian Federation. However, this provision allows the beneficiary in some cases to turn to the insurer not only for payment of insurance compensation, but also for compensation for damage.
It should be remembered that the obligation to pay insurance compensation and the obligation to compensate for harm are two completely different obligations. They differ in the reasons for their occurrence, in the composition of participants, in the rules of implementation, and in legal consequences. The first arises from the insurance contract, the second from an offense (tort). In the first, the creditor is the policyholder, the debtor is the insurer, and the victim is only a third party. In the second, the creditor is the victim, and the debtor is the person who caused the harm, whose liability is insured. The first obligation is subject to a shortened limitation period (two years), while the second is subject to a general limitation period (three years). When compensating the harm caused to the victim, the insurer, by virtue of Art. 1081 of the Civil Code of the Russian Federation receives the right to claim against the person who caused the harm, but in most cases does not receive insurance compensation.
Thus, the norm of paragraph 4 of Art. 931 does not limit, but expands the rights of the injured beneficiary, allowing him in some cases to demand from the insurer what, according to the general rules of civil turnover, he must demand from another person. After all, it was not the insurer who caused harm to the victim, but the person whose liability was insured, and according to the general rules of Chapter. 59 of the Civil Code of the Russian Federation, it is to this person that the claim for compensation for harm should be addressed.
Norm clause 4 art. 931 in the cases specified therein allows the victim to participate in relations with the insurer not only as a third party in the obligation to pay insurance compensation, but also as a creditor in the obligation to compensate for harm. The misunderstanding arose due to the fact that in both cases the term “compensation” was used.
To determine the insured amount when insuring liability for harm, there is usually no basis such as insured value, which is the main basis for establishing the insured amount for other types of property insurance.
When insuring the liability of a cargo carrier, a partial guideline for establishing the amount insured can be the cost of the cargo and transportation costs. Therefore, the insurance amount is usually set in two ways:
- by agreement of the parties to the liability insurance contract;
- by establishing by insurers, their associations, laws, international agreements limits of liability (insurance coverage) in monetary value per one insured event or per passenger, per kilogram of cargo, etc.
The risk of liability of the policyholder for harm (damage) caused to the environment, life, health or property of third parties by harmful emissions from sources of increased danger operated by the policyholder, the insured person, is expressed in the following events and their consequences for third parties:
- explosion, fire at a production facility;
- destruction of buildings and structures as a result of hidden defects, unexpected breakdowns, accompanied by pollution of the natural environment;
- accidents of machines and equipment at a production facility due to breakdowns for unforeseen reasons;
- failure in the operation of instrumentation and control devices;
- accidental omissions and errors of qualified personnel servicing the technological process;
- illegal actions of third parties.
Insurance companies provide insurance for sources of increased danger in accordance with the Conditions for licensing insurance activities on the territory of the Russian Federation, approved by Order of Rosstrakhnadzor dated May 19, 1994 N 02-02/08. According to these Conditions, separate types are civil liability insurance:
- owners of vehicles;
- carrier;
- owner of a source of increased danger.
In foreign practice, insurance of sources of increased danger most often means insurance of civil liability of owners of potentially dangerous objects in connection with the need to compensate for damage to third parties caused by a technological accident or catastrophe. Its broad interpretation includes comprehensive general liability, which provides protection for the insured in the event of any claim brought against him seeking compensation for losses resulting from property damage. The insurer's obligation (of a private law nature) provided for by the law on criminal liability to compensate for damage caused to legal entities and individuals as a result of exposure to harmful substances on land, air, water (and bodies of water) is insured. Property losses arising from violation of property rights, rights to equipment and production activities and the right to use water space or a certificate of use are insured.
Liability insurance of the aircraft owner to third parties for damage caused to the life or health or property of third parties during the operation of the aircraft is mandatory. When performing flights and aviation work in the airspace of the Russian Federation, the minimum amount of the insurance amount is set at no less than two times the minimum wage established by federal law at the time of concluding the insurance contract, for each kilogram of the maximum take-off weight of the aircraft. When performing international flights and aviation work in the airspace of foreign states, the minimum amount of the insurance amount is established in accordance with the legislation of the relevant foreign state.
When insuring civil liability of an air carrier, the object of insurance is the property interests of the insured associated with the latter’s obligation to reimburse all amounts that the insured, by force of law or by court decision, is obliged to pay as compensation for damage in connection with the infliction of bodily injury to third parties or damage to their property arising in as a result of an insured event caused by an aircraft or any object falling from it.
It is important to emphasize that in no civilized country in the world can an aircraft take off without a policy to insure the air carrier’s liability to third parties. Moreover, the closer the runway is to a populated area, the stricter the conditions for the minimum liability limits.
Issues of air carrier civil liability insurance are regulated by international air law, in particular the Rome Convention on Compensation for Damage Caused by Foreign Aircraft to Third Parties on the Surface on October 7, 1952, to which Russia participates.
Under the provisions of the Convention, any person who suffers damage on the surface is entitled to compensation only upon proof that the damage was caused by an aircraft in flight or by a person or object falling from it. However, the right to compensation is extinguished if the damage is not a direct consequence of the incident giving rise to the damage, or if the damage results from the mere fact of the aircraft flying through airspace in accordance with existing flight rules.
The obligation to compensate for damage under this Convention rests with the aircraft operator. The registered owner of the aircraft is considered to be the operator and as such is liable unless, in the process of establishing his liability, he establishes that another person is the operator and, to the extent permitted by procedural rules, takes appropriate steps to ensure that that person acts as the operator. parties to the process. If the person who was the operator at the time of causing the damage did not have the exclusive right to use the aircraft for a period of more than fourteen days, counting from the moment this right of use arose, then the person from whom such right originated bears joint liability with the operator, however, each of them is bound by obligations in accordance with the provisions of the Convention and within the limits of liability provided for by it. Compensation for damage caused by foreign aircraft to third parties on the surface of the earth - the operator's liability limit for an insured event per aircraft is established depending on its maximum take-off weight. For example, the limit of liability (in gold francs) is by weight:
- up to 1000 kg - 500000;
- from 1001 kg to 6000 kg - 5,000,000 plus 400 z.fr. for every 1 kg over 1000 kg;
- from 20,001 kg to 50,000 kg - 6,000,000 plus 150 z.fr. for every 1 kg over 20,000 kg.
The increase in traffic intensity, accompanied by a quantitative increase in road accidents, objectively requires the organization of civil liability insurance for vehicle owners. A mechanical vehicle - car, bus, trolleybus, tram, motorized vehicles, tractor, combine - is a source of increased danger that can cause property damage to road users. In most foreign countries, civil liability insurance for vehicle owners is mandatory. Since 2003, the Russian Federation has also introduced compulsory civil liability insurance for vehicle owners.
Civil liability insurers can be:
- citizens of the Russian Federation, foreign citizens and stateless persons;
- state and public, including cooperative, enterprises, associations, institutions and organizations;
- foreign legal entities;
- joint ventures, international associations and organizations.
The civil liability insurance contract for vehicle owners is of a fixed-term nature, i.e. is concluded for no more than 1 year (or from 1 to 11 months).
The insurance contract is concluded on the basis of an oral or written statement from the policyholder - an individual owner of the vehicle and a written statement if the policyholder is an organization. The contract can be concluded at the place of residence or work of the policyholder, at the place of registration or parking of the vehicle, or during its purchase in a state retail or commission store, and with organizations - only at their location. The contract is drawn up on the insurance certificate form of the established form. Any corrections are not allowed in it. The insurance contract comes into force:
a) for individual vehicle owners:
- when paying insurance payments in cash - from the next day after their payment, and when concluding an agreement while purchasing a vehicle in a retail store - from the day of its actual receipt;
- when transferring insurance payments by bank transfer - from the day established for the issuance of wages (earnings), from which, according to the order of the policyholder, insurance payments are transferred;
b) for organizations - from the date of receipt of the calculated amount of insurance payments to the insurer’s account.
When insuring civil liability of vehicle owners, the insurer undertakes to compensate for property damage to third parties from among road users that arose as a result of the insured's operation of a car, bus, etc. Compensation for property damage to third parties is made within the limits of the predetermined insured amount. Insured events when payment is made by the insurer include: death, injury or other damage to the health of a third party. In addition, insurance payment under the civil liability insurance contract for vehicle owners is made to third parties in connection with the destruction or damage to their property. Insurance payment is made only within the limits of a predetermined insured amount, which is called the insurer's liability limit. Insurance is carried out both with limits of the insurer's liability for each possible case of property damage, and without establishing such detailed limits. The amount of the insurance premium depends on the established sum insured and the working volume of the internal combustion engine cylinder (determined according to the technical passport of the vehicle). The criteria for determining the insurance premium also include the number of seats for passengers and the driver in the car or the carrying capacity. The level of professional skill of the driver is also taken into account - the number of years of accident-free operation and the vehicle's mileage (according to the speedometer).
The insurer is released from the obligation to make a payment if it is established that the infliction of property damage to third parties was caused by the intent of the victim and/or the insured (criminal conspiracy). Similarly, the insurer is released from the obligation to pay if it is established that property damage arose due to force majeure or military action. Restrictions or refusal to pay will occur if the insurer establishes a cause-and-effect relationship between the fact of property damage and the circumstances of the unauthorized use (operation) of the vehicle.
Regulation of issues of compulsory civil liability insurance of vehicle owners is carried out not only at the national, but also at the international level. A special group of international treaties is the Green Card Agreement. The green card contract system gets its name from the color and shape of the insurance policy certifying this insurance agreement. Currently, the number of participants is 31 countries.
To obtain a green card, you need an application from the policyholder, a driver's license and documents for the vehicle. However, in 1998 the situation changed radically.
On January 1, 1998, changes to paragraph 4 of Art. 8 of the Law “On Insurance”, which allows insuring motor third-party liability on behalf of foreign insurers (selling “green cards”). However, this change in Art. 8 of the Law could not have been introduced. The sale of “green cards” has already been permitted in Russia since July 8, 1997. Intermediary activities on behalf of foreign insurers are also permitted in relation to some other types of insurance. The fact is that on November 28, 1996, Federal Law No. 135-FZ of November 25, 1996 was published in the Rossiyskaya Gazeta, which ratified the Partnership and Cooperation Agreement, establishing a partnership between the Russian Federation, on the one hand , and the European Communities and their States, on the other hand. Since November 28, 1996, this Agreement has become part of Russian legislation and has priority over the norms of federal laws (Part 4 of Article 15 of the Constitution of the Russian Federation). In accordance with Art. 36 of this Agreement, Russia provides most favored nation treatment to all countries included in this Agreement in relation to the cross-border provision of the following types of insurance services:
- insurance of risks associated with maritime transport, commercial air transport, space launches, freight, including satellites with such insurance that covers in whole or in part the costs of transported individuals, exported or imported goods, vehicles transporting goods, any liability arising from this;
- goods transported in international transit;
- health and accident insurance;
- liability insurance for cross-border movement of personal vehicles.
The above list is contained in Appendix 5 to the Agreement. Cross-border provision of services in this case means insurance by a foreign insurance company of such interests of Russian citizens or legal entities, the subject of which, when concluding an insurance contract, is located in Russia. Such insurance contracts are concluded by agents of a foreign company, i.e. intermediaries. Art. 36 of the Agreement introduces most favored nation treatment for such services for countries included in the Agreement. Most favored nation treatment means that Russia cannot treat countries included in the Agreement with treatment worse than any third country.
In maritime transport, shipowners' liability insurance is provided, which is considered as an independent type of insurance. Insurance covers the shipowner's obligations related to damage to the life and health of passengers, ship crew members, pilots, loaders in the port, etc. In addition, the object of insurance here is the obligations associated with causing damage to the property of third parties. The list of property includes other ships, cargo, personal belongings of crew members, passengers and other persons, and port facilities. Risks accepted for insurance also include damage to the environment (for example, from an oil spill resulting from a shipwreck).
On the territory of the Russian Federation, marine insurance is regulated by the Law of the Russian Federation "On the organization of insurance business in the Russian Federation", Chapter 48 of the Civil Code of the Russian Federation, Chapter XV of the Merchant Shipping Code, Decree of the Government of the Russian Federation of June 24, 1998 N 641 "On licensing of transportation, forwarding and other activities related to the implementation of the transport process in maritime transport."
In accordance with these regulations, in order to obtain the appropriate license for the right to carry out the transport process in maritime transport, it is necessary to submit “copies of documents on the availability of sufficient financial resources or insurance in case of compensation for possible losses caused through the fault of the license holder to the consumer of work (services), other legal and individuals, the environment."
On April 30, 1999, a new Merchant Shipping Code (MCC) was adopted. Article 246 of the Code of Labor Insurance defines the concept of a marine insurance contract, under which the insurer undertakes, for a specified fee (insurance premium), in the event of the occurrence of dangers or accidents provided for in the marine insurance contract to which the insurance object is exposed (insured event), to compensate the insured or other person in whose favor the contract was concluded such agreement (to the beneficiary), losses incurred. The object of marine insurance is any property interest associated with merchant shipping - a ship, a ship under construction, cargo, freight, as well as passenger fares, fees for using the ship, profit expected from the cargo and other claims secured by the ship, cargo and freight, wages payment and other amounts due to the captain of the ship and other members of the crew of the ship, including repatriation costs, liability of the shipowner and the risk assumed by the insurer (reinsurance).
When insuring a ship, the insurer is not liable for losses caused as a result of:
- sending a ship in an unseaworthy condition, unless the unseaworthiness of the ship was caused by hidden defects of the ship;
- dilapidation of the vessel and its accessories, their wear and tear;
- loading with the knowledge of the insured or beneficiary or his representative, but without the knowledge of the insurer, of substances and objects dangerous in relation to explosion and spontaneous combustion.
When concluding a marine insurance contract, the policyholder is obliged to declare the amount for which he insures the relevant interest (sum insured). When insuring a ship, cargo or other property, the insured amount cannot exceed their actual value at the time of concluding the marine insurance contract (insurance value). The parties cannot challenge the insured value of the property determined by the marine insurance contract unless the insurer proves that it was intentionally misled by the insured. If the insured amount specified in the marine insurance contract exceeds the insured value of the property, the marine insurance contract is invalid to the extent of the insured amount that exceeds the insured value. In addition, if the insured amount is declared lower than the insured value of the property, the amount of insurance compensation is reduced in proportion to the ratio of the insured amount to the insured value.
In accordance with the terms of third party liability insurance, the liability of shipowners is covered in connection with the latter's obligation to compensate for damage caused to the life and health of third parties and resulting in injury, illness or death, provided that the damage was the result of negligence or omissions that occurred on board insured vessel. Third parties mean passengers, crew members, pilots, loaders, dockers. The following expenses are subject to reimbursement:
- medical care and burial;
- delivering passengers to their destination on another ship or returning them to the port of embarkation, as well as keeping them ashore;
- on the repatriation of a sick or injured crew member and the dispatch of a replacement to the ship;
- compensation for the cost of lost or damaged personal belongings of passengers;
- payment of compensation for loss of ability to work or loss of a breadwinner;
- compensation for loss of work by crew members due to a shipwreck;
- all other reasonably incurred expenses.
Claims for loss of cash, documents, precious metals or stones, or securities are not reimbursed.
Lifesaving reimbursement rules compensate for amounts that the shipowner is legally obligated to pay to third parties because they saved or attempted to save the lives of persons on the insured ship.
One of the main risks accepted for insurance in the club is the shipowner's liability for losses caused by a collision between his ship and another ship.
1. Insurance covers one-fourth of the shipowner's liability (together with related expenses) for losses caused by a collision with any other vessel.
2. The amount is reimbursed in full due to a collision due to:
- with the removal or destruction of obstacles, shipwrecks, cargo or other objects;
- with any real or movable property or any other thing, with the exception of other ships and property on them;
- with cargo or other property on the insured ship or contributions from general average, special expenses or salvage costs incurred by the owners of this cargo or property;
- with contamination of any real or movable property, with the exception of other ships that the insured ship collides with, or property on such a ship.
3. That part of the shipowner’s obligations arising as a result of a collision (except for those listed above) that exceeds the amount of compensation under comprehensive insurance contracts. In accordance with the rules of insurance of liability for loss and damage to property, damages in connection with loss or damage (including violation of rights) to the property of third parties, located on land or in water, stationary or moving, are subject to compensation, if liability for such damage or damage arises from - for negligent operation of a vessel or other similar act, as well as omissions on board the insured vessel.
Liability for pollution by oil and other substances. This type of insurance covers:
- liability for losses, damages, costs and expenses arising as a result of the collection or leakage of oil (petroleum products) or any other substance from the insured vessel or as a result of the threat of their actions;
- expenses of the shipowner in connection with its membership in the Tanker Owners Voluntary Agreement concerning Liability for Oil Pollution.
- costs of taking measures to avoid or prevent leakage or contamination;
- costs of removing spilled oil and eliminating the consequences of pollution. Shipowners' liability insurance is provided through mutual insurance clubs. Currently, there are about 70 mutual insurance clubs in the world, the largest of which are considered to be: American Steamship Owner's Mutual Protection and Indemnity Association, Assuranceforeningen Gard, The Brinannia Stream Ship Insurance Association Limited. The largest of them are members of the International Group of Club Associations Mutual P&I Insurance: Members of this Group insure approximately 90% of the world's merchant tonnage for third party liability.
"For many Russian shipowners, shipowners' liability insurance coverage was perceived as a mandatory but expensive evil." It is mandatory because in order for a ship to enter many foreign ports, it is necessary to prove that shipowners' liability insurance (P&I) is in force.
However, another problem arises here. The international group of PSI clubs is a rather unprofitable place for a Russian shipowner to insure his liability. Firstly, the international group of PSJ clubs offers limits of up to $2 billion (or for spills and pollution $500 million) US dollars. But limits in such terms are beneficial only to the owners of supertankers or cruise ships. These limits are too high. But the Russian shipowner is forced to buy precisely these limits, regardless of whether he wants it or not. It turns out that the Russian shipowner, who is a member of the PSJ club, simply subsidizes club members of a different nationality who really need such limits.
Secondly, P&I clubs are mutual insurance clubs. Thus, if large losses occur or low profits are received from investment activities, the club may force its members to pay an additional premium, which, of course, was not included in the budget.
In this case, we can advise a Russian shipowner who intends to insure his liability risk to find an alternative to P&I clubs, which can be insurance on the terms of the Lloyd's commercial insurance market.
Another type of liability insurance for causing harm is professional liability insurance for business activities. Professional liability insurance is a set of types of insurance that provide for the insurer's obligations to make insurance payments in the amount of full or partial compensation for damage caused to the insurance object. In countries with a developed system of insurance services, this type of insurance is considered one of the most common. In the Russian Federation, compulsory professional liability insurance is provided for in several legislative acts - Art. 158, 165 of the Customs Code of the Russian Federation provide for professional liability insurance for a customs broker, customs carrier, Art. 18 Fundamentals of the legislation of the Russian Federation on notaries provides for professional liability insurance for notaries.
The basis for the emergence of legal liability is the violation of contractual obligations both by the person carrying out professional activities and by the person acting on his behalf. Most often, the relations of the parties in the “entrepreneur-client” legal relationship are built on the basis of a service agreement. The Civil Code of the Russian Federation does not establish a special form for this type of agreement, therefore, in accordance with Art. 434 of the Civil Code of the Russian Federation, an agreement can be concluded in any form: oral or written. This gives rise to contractual obligations of the parties, the violation of which entails the obligation of the debtor to compensate the creditor for losses caused by non-fulfillment or improper fulfillment of obligations by virtue of Art. 393 Civil Code of the Russian Federation. It is this risk of liability of a person carrying out professional activities that is insured, and it has a contractual basis.
There are many important nuances in this type of insurance. All of them must be taken into account in order to avoid litigation in court. Third party liability insurance is strictly required for vehicle drivers.
What is liability insurance
Things are more complicated with compulsory civil defense insurance. In essence, this is legalized coercion by the state of citizens and legal entities to take out policies with insurance companies. True, the law pursues a good goal - to protect the financial interests of persons injured in various types of unforeseen situations.
What does it mean
Civil liability insurance to third parties is the most effective and reliable method of protecting property interests that are associated with compensation for damage to third parties. Both a legal entity and an individual can act as an insured. Modern insurance companies offer their clients favorable conditions for civil liability insurance for damage caused to the health, life or property of third parties during the operation of apartments and individual buildings.
Third party liability insurance
The most common type of insurance for civil liability to third parties is compulsory motor liability insurance - it provides for the insurance company to have insurance costs in the event that the insured vehicle causes damage to another vehicle through participation in an accident.
Any organization in the process of carrying out its financial and economic activities has a risk of causing harm to third parties. The civil legislation of the Russian Federation provides that a person who causes damage to the life, health or property of third parties is obliged to compensate the victims for losses.
Liability insurance options for neighbors
This program allows you to insure housing that is offered for rent. The main difference from the “Renting” product is cooperation with home owners, and not with citizens who rent an apartment. Coverage may extend to finishing materials, household appliances, household contents, engineering equipment, and civil liability. One of the main advantages is the proposed option, which allows you to resolve a conflict issue without additional information. However, the “settlement without certificates” option is available only for damages up to ten thousand rubles.
Third party liability insurance
For any risk, the insured amount is determined by mutual agreement of the parties to the transaction, taking into account the potential amount of damage to other persons. By agreement, the boundaries of the sum insured may indicate the maximum amount of compensation (by type of liability, for each case). To ensure full protection of the interests of the policyholder, an amount of at least 3 million rubles is recommended.
Third party liability insurance
Unlike compulsory motor liability insurance, when the contract specifies the number of people who can drive a car and consider that their liability is insured, the third party liability insurance contract is considered to automatically apply to the entire immediate environment of the insured person. For example, the wife likes to plant flowers on the balcony, and the neighbor parks his Mercedes under it. In this case, you can sleep peacefully if a civil liability insurance contract has been concluded. You can also save on the educational process if your offspring scrawled a “smiley face” on this Mercedes.
What is the procedure for third party liability insurance?
An apartment, private house, or cottage not only needs insurance in case of fire, flooding and other negative incidents, but also liability insurance to third parties, often neighbors. During a fire, fire can consume the living space of neighbors, and the process of extinguishing the fire by fire service workers, accordingly, will potentially cause material damage to third parties. If a water tap bursts, problems will arise at the entire entrance, and a failed sewer system can cover the entire street.
Civil liability to third parties
Any production activity, be it the maintenance and operation of office premises, industrial production or trade, can serve as a source of harm to the property interests of third parties. Slippery steep steps of stairs, icicles falling from roofs, wet floors of corridors, fire, accidents of water supply, heating or sewer systems on the territory of an enterprise, store, hospital, etc. - all this can cause damage to the life, health and property of third parties.
What is liability to third parties
If the policyholder causes damage to third parties in the form of an erroneous action or inaction, then... ... Economic Dictionary LIABILITY INSURANCE - an industry where the object is third parties who may suffer damage as a result of any action or inaction of the insured ... Large accounting dictionary LIABILITY INSURANCE - industry insurance, where the object is liability to third parties who may suffer damage as a result of any action or inaction of the insured ... Large economic dictionary - the insurance industry, where the object is to third parties who may suffer damage as a result of any action or inaction of the insured ... A brief dictionary of basic forestry and economic terms LIABILITY INSURANCE - The insurance industry where the object is liability to third parties (individuals and legal entities) who may suffer damage (harm) as a result of.
LIABILITY TO A THIRD PARTY
Liability for harm- (English responsibility for damnification) in the civil law of the Russian Federation, non-contractual civil liability. Damage caused to the person or property of a citizen or the property of a legal entity is subject to compensation in full by the person... ... Large legal dictionary
Rules for insurance of civil liability of legal entities to third parties
11.4. The insurance contract is terminated before the expiration of the period for which it was concluded if, after its entry into force, the possibility of the occurrence of an insured event has ceased and the existence of the insured risk has ceased due to circumstances other than the insured event.
Rules for third party liability insurance
The maximum insurance compensation for injuries that cause temporary disability, disability or death is 500 thousand rubles. Payments for material damage cannot exceed 400 thousand rubles. Additional voluntary insurance makes it possible to avoid costs in case of compensation amounts exceeding the agreement under the compulsory motor liability insurance.
Third party liability insurance
Another interesting feature of this type of insurance is that most insurance companies set certain payment limits for the insured amount for each expense item. For example, with an insured amount of $10,000, no more than 60-70% of the insured amount can be spent on payments for health damage. The remaining 30-40% can only be used to compensate for material damage, and the remaining 10% - for legal costs.*
