New MTPL rules from May 21, 2021: 12 important innovations

New procedure for calculating the cost of an auto insurance policy

Car owners will be divided into categories based on age and driving experience. Several groups will receive the maximum coefficient, for example, the policy will become significantly more expensive for young drivers under the age of 24, if they have no more than 4 years of driving experience, as well as for drivers no older than 29, if they have just started driving. Drivers whose age has passed the 30-year mark will be able to receive a discount on compulsory motor liability insurance, provided that they have been driving for at least 4 years.

From these specific examples, the principle of changing the coefficients becomes clear. The older car owners are and the more experience they have driving a car, the lower the coefficient will be for them.

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

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

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

OSAGO coefficients 2017 by group

Now the coefficient is determined only by 4 group options. However, Bank of Russia analysts are confident that this gradation is not sufficient. In addition, experts have complaints about the coefficients themselves. Therefore, in the near future there will be an increase in the number of groups for people driving, as well as a change in the coefficient: the numerical multiplier will become fractional.

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Change in compulsory motor liability insurance No. 2. Penalty for failure to meet vehicle deadlines

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

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

If through the court, then the money will be difficult to obtain (due to the lack of established judicial practice), and you will have to spend a fair amount of nerves.

More people will receive the discount than before

The topic of changes in the cost of compulsory motor liability insurance was studied by experts from several organizations: the National Union of Liability Insurers, the Russian Union of Auto Insurers, and the All-Russian Union of Insurers. They came to the conclusion that under the new changed tariffs, two-thirds of car owners will be able to get a discount on insurance - this is what gives a more flexible coefficient.

Insurers respond positively to the Bank of Russia’s decision because they have nothing to lose in this situation: the average premium will be the same. Car owners are also happy: insurance calculations promise to be fair, almost individual.

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

Starting from 2021, the use of electronic policies is allowed. However, this convenience in practice has brought a lot of worries for drivers, consisting in the inability of traffic police inspectors to fulfill their functional responsibilities of checking the availability of the policy, its reliability and authenticity.

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

What if the inspector is serving in an area where there is no Internet, or he does not have a mobile phone? In addition, until April 1, 2017, there was no mention of electronic MTPL policies in the inspector’s job regulations. Therefore, the inspector confidently issues a fine for the lack of a policy: not purchased - a fine of 800 rubles; not with you – 500 rub..

In April 2021, a new version of the job regulations for traffic police officers came into force, in which:

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

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

Adviсe:

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

Contracts without limiting the number of vehicle managers will become more expensive

The Bank of Russia plans to increase the coefficient for “automobile license” contracts to 2.7 units, in which there is no limit on the number of persons entitled to drive a car. However, this rule should only apply to individuals. For companies that issue compulsory motor liability insurance for their cars, they plan to reduce this coefficient, on the contrary. It will be 1.68 units.

The KBM is also planning to change. It will be determined at the beginning of each year and remain unchanged during this period.

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Changes to the law “On compulsory motor liability insurance” from August 26, 2021

This article will discuss the changes being made to the Federal Law “On Compulsory Civil Liability Insurance of Vehicle Owners” starting August 26, 2021.

The innovations are primarily aimed at insurance companies, which will resolve emerging disputes in a new manner through a special commission of a professional association of insurers.

Creation of a commission for the union of auto insurers

Let's consider the updated paragraph 2 of Article 24 of the Law “On Compulsory Motor Liability Insurance”:

Was

The charter of a professional association of insurers may provide for the formation of a collegial management body, the competence of which may include resolving issues related to determining the procedure for admission to membership of a professional association of insurers and exclusion from its members, making decisions on the creation of other legal entities by a professional association of insurers, and on the participation of a professional association insurers in other legal entities, on the creation of branches and on the opening of representative offices of a professional association of insurers, on the formation of bodies of a professional association of insurers (with the exception of the executive bodies of a professional association of insurers), and approval of regulations on them, including the rules for carrying out their activities.

It became

Firstly, starting from July 26, 2021, the union of auto insurers must update its own charter (a document regulating the activities of the organization), which must include clauses indicating the formation of a special commission.

Secondly, a separate document must be approved - “Regulations on the Commission”, regulating the rules of work of this commission.

Resolving disputes between insurance companies

New paragraph 51 of Article 141 of the law “On compulsory insurance of civil liability of vehicle owners”:

Became
51. If a dispute arises about compensation by the insurer that insured the civil liability of the person who caused the harm, on account of the insurance compensation for damage compensated by the insurer that provided direct compensation for losses, such a dispute is considered by a commission formed by a professional association of insurers within 20 calendar days, for excluding non-working holidays, from the day the insurer’s application is received by the commission.
If the insurer disagrees with the decision of the commission or the commission fails to make a decision within the established period, the dispute is considered by an arbitration court based on the insurer’s statement of claim. The text of the paragraph is formulated rather complexly, so let’s analyze it in parts:

1. Nowadays, when a traffic accident occurs, the injured driver can contact his insurance company for direct compensation for losses. Let me remind you that this is possible if the following conditions are met: damage is caused only to cars whose owners have an MTPL insurance policy. Before September 25, 2017, there should be exactly 2 such vehicles; after September 25, any number of vehicles is possible.

2. In the case of direct compensation for losses, the victim's insurance company pays for restoration repairs.

3. After this, the victim’s insurance company contacts the at-fault party’s insurance company to receive money for repairs. It is to this situation that paragraph 51 above refers.

4. Previously, in the event of a disagreement, the insurance company had to immediately apply to the arbitration court. Starting from August 26, 2021, insurers will resolve the issue through the commission of the union of auto insurers . And only in case of disagreement with the decision of the commission will insurers go to court.

5. The commission must make a decision within 20 days (except for non-working holidays). If she does not do this, then the dissatisfied insurance company will also be able to go to court.

Thus, the changes from August 26, 2021 will help reduce the burden on the courts involved in resolving disputes between insurance companies.

Implementation of the first stage of the MTPL reform

The major reform of compulsory motor liability insurance involves a transition from cash payments to in-kind payments. At the first stage of its implementation, it is planned to introduce a new condition for compensation for damage, which does not provide for covering damage in monetary terms, as was previously the case, but for carrying out restorative repairs.

Additional Information! The State Duma supported the proposal to amend the conditions of OSAGO auto insurance, but with some reservation. Compensation for damage caused by an accident through restorative repairs should be applied only to those policyholders who entered into an agreement with the insurance company after a month from the date of promulgation of the amendments in question through their publication.

According to forecasts of the Ministry of Finance, reimbursement of the costs of the injured party in kind will be made in 90% of cases. A peculiarity of this aspect is the fact that the right to choose the form of compensation remains with the insurers, that is, the latter can fulfill the terms of the insurance contract both by paying the insured amount and by carrying out repairs to restore the car.

It should be expected that the consequences of the introduction of amendments will be perceived differently by the parties to the insurance contract. Thus, insurers will have the opportunity to control the procedure for compensation in kind, thus protecting themselves from unscrupulous motorists and fraudsters who sometimes try to fraudulently increase the amount of payment under compulsory motor liability insurance when an insured event occurs.