CONCEPT AND LEGAL CHARACTERISTICS OF MTPL AGREEMENT

One of the mandatory documents that every car driver in our country must have is an MTPL insurance agreement. Its conclusion is made on the basis of an application submitted by the policyholder to the insurance company of his choice. Moreover, such a statement must not only contain the necessary information, but also be in accordance with the general requirements for office work.

Any driver will benefit from information about how and in what sequence the stages of concluding an insurance transaction are carried out. We will tell you about all the nuances of obtaining an MTPL policy in this article.

What is a compulsory motor liability insurance agreement?

To regulate compulsory insurance, Federal Law No. 40 (Article 15) is used. Here in paragraph 1 it is said that insurance (compulsory) is carried out by the car owner by drawing up a special contract for compulsory insurance.

This document indicates the vehicle (hereinafter referred to as the vehicle), the owner of which has properly insured his civil liability.

An MTPL insurance contract is a document confirming the obligation of the insurance company (hereinafter referred to as the insurer) to compensate/pay compensation for damage caused to the health, life or property of the injured party as a result of an accident. At the same time, the document clearly states in a separate paragraph the amount within which such compensation will be made.

It should be noted that such an agreement is drawn up on a reimbursable basis.

What it is

The main distinguishing feature of such agreements, which are formed on the basis of civil liability insurance, is the property nature of the subject matter on which the agreement is made.

The main rule here is the following postulate - the person who caused physical or property damage or harm to the victim is obliged to compensate for losses and damages in full.

This includes the following reimbursement items:

Insurance covers cases of both actions of a destructive (destructive) nature and complete inaction, which resulted in damage to the victim.

Civil liability is divided into two components:

• negotiated;
• non-contractual.

In the first case, all rules, obligations and responsibilities and penalties for non-fulfillment specified in the text of the contract are regulated. And in the second case, when the harm caused is not related to contractual relations and obligations.

Contractual civil liability is limited by procedure, insurance rules, or liability under the law, or at the personal discretion of the parties.

That is, either the scope of execution of the contract is regulated by the forms and limits of liability prescribed by law, or both parties themselves agree on who, for what, when and how will be responsible under the contract.

Any agreements in this case must be clearly stated and stipulated with all specified lines, amounts, rights. Non-contractual (tort) civil liability is regulated exclusively by law and legal regulations.

It should be noted that the liability regimes differ from each other. For example, there are lawsuits based on contract or tort:

• according to the conditions of damage occurrence;
• on the burden of proof of guilt;
• according to the limitation periods;
• on the presence or absence of compensation for “moral damage”;
• other modes.

Such a differentiation of civil liability is necessary in cases of unlawful action that are related to contractual obligations.

An example of this would be a situation where an injured passenger has the right to choose the type of statement of claim and modes of execution of a court decision.

Thus, when filing a claim, a passenger can rely on the conditions for the occurrence of damage, the burden of guilt in proving it, as well as compensation for “moral damage”.

Find out which companies can provide civil liability insurance for legal entities in the article: civil liability insurance for legal entities. Features of forwarder liability insurance are discussed in this article.

MTPL agreement: basic concepts

Among the legal features of such contractual obligations for motor vehicle citizenship are:

• Consensus – events that are expected to occur in the future are written down;
• 2-party – always concluded between 2 parties (the policyholder and the insurer);
• Reciprocity - is made solely by mutual consent of the parties;
• Payment – ​​involves the obligatory payment of an insurance premium (payment).

This type of agreement must be concluded in writing, and if this does not happen, then the document is considered void.

In the document, the parties to the agreement are 2 persons, namely:

• The policyholder can be either an individual or a legal entity. The individual signs the agreement personally, and on the part of the legal entity - his authorized representative;
• Insurer – insurance company (always a legal entity).

By concluding a contract, the policyholder (car owner) pursues the goal of: at the expense of the insurer, to compensate for losses to 3rd parties. From this we can conclude that contractual relations are concluded in the interests of third parties (their circle is unlimited and they are not directly indicated in the contract). Such a third party can be any person (individual/legal entity). It depends on who and whose particular interests were damaged in the accident.

Government agencies are a special subject of the agreement, since without action on their part no payments will occur. After all, the party injured in an accident can hope to receive compensation for damage from the insurer only if it provides a certificate of the accident, which is drawn up by traffic police officers.

According to compulsory motor liability insurance, the object of contractual obligations is understood as the civil liability of the car owner for the harm that he caused by his actions while driving the vehicle. It is important to understand that among the risks there are only such as damage to property, as well as harm caused to the health and life of the injured party. At the same time, the category of compensation under compulsory motor liability insurance does not include moral damage. All losses associated with such harm are determined by the court, which decides the fate of the claim, sent directly to the culprit of the accident.

Features of insurance of goods in circulation

Under this insurance contract, property that is intended for sale is insured. Most often, goods are in warehouses, stores, or loaded onto vehicles for transportation. The parties to the contract must agree on which goods are covered by insurance. If the specific list of goods in circulation changes, then there is no need to provide it in detail; it is enough to indicate the generic characteristics of the goods. For example, it could be “butter and assorted cheeses.” The fact is that if you specify a certain brand of butter, and if an insured event occurs, it turns out that there was no butter of this particular brand in a particular batch, then the insurer may refuse to pay the insurance compensation.

At the same time, when indicating only the generic characteristics of goods, an unscrupulous insurer may try to recognize the insurance contract as not concluded due to the uncertainty of its subject matter. Judging by arbitration practice, the courts in such situations take the side of the insured and refuse to recognize the contract as not concluded only because it does not contain a specific list of goods.

Another difficult point when insuring goods in circulation is indicating their insured value, because goods stored in a warehouse may change their value during the storage period. If it turns out that upon the occurrence of an insured event, the actual value of the goods is lower than the insured amount, then the insurance contract will be considered void in that part of the insured amount that exceeds the insured value. Overpaid insurance premiums will not be returned to the policyholder.

MTPL agreement: general procedure for registration

The insurance company has 30 days to consider the application submitted by the car owner (based on the Civil Code of the Russian Federation, Article 445, paragraph 1).

After this period, a response must be issued, which may contain one of two options:

• The decision to enter into an agreement;
• Refusal to conclude an agreement indicating the reasons for such a decision.

If a decision is made to satisfy the application, then the insurance agent-representative of the company must carry out calculations of the cost of the policy, taking into account the initial information and the coefficients that are established in a particular case. If a car owner intends to insure a used car, a visual inspection may be necessary. Such actions are aimed at eliminating fraud, since any damage existing at the time of conclusion of the contract is immediately included in a special act.

After the MTPL agreement has been fully prepared, the client is obliged to familiarize himself with it and, if there are no questions on his part, sign it and make payment. Having completed these steps, he receives:

• OSAGO policy;
• Forms for notification of road accidents – 2 copies;
• Memo from the insurance company, etc.

In recent years, car owners have had the opportunity to issue a car insurance policy online. This is done on the web resources of those insurance companies that provide the public with services for issuing auto insurance policies.

The entire process of preparing such a document includes several stages, namely:

• Scanning documents included in the list of mandatory documents for obtaining a motor vehicle license;
• Clarification of data that may be useful for filling out a special form on the website;
• Confirmation of the authenticity of the transaction via an electronic signature;
• Payment for the policy (via the Internet).

Completing all of these operations will not take much time. As a rule, the user spends 30-60 minutes completing all actions.

Insurer

According to para. 8 tbsp. 17.1 of the Law, the insurer on a tour operator liability insurance contract can be an insurance organization registered on the territory of the Russian Federation and which has the right to provide civil liability insurance for non-fulfillment or improper fulfillment of obligations under the contract.

This means that such risks cannot be insured by foreign insurance organizations.

It should be noted that sub. 21 clause 1 art. 32.9 of the Law of the Russian Federation of November 27, 1992 “On the organization of insurance business in the Russian Federation”, for the purpose of licensing insurance activities, provides only contractual liability insurance, regardless of the type of relevant contracts. Therefore, on formal grounds, in order to engage in liability insurance for tour operators, the insurer does not need to obtain any special license, and there is also no need to coordinate the relevant standard insurance rules with the insurance supervisory authority.

At the same time, the Federal Insurance Supervision Service (FSSN) recently made a strong-willed decision not to issue licenses for simply contractual liability insurance. Each individual type of civil law contract has its own characteristic regime, which has significant features compared to the average approach.

In addition, government bodies supervising (controlling) certain areas of activity recommend concluding liability insurance contracts with insurers who have agreed on special liability insurance rules for specific types of contracts. In this regard, under the auspices of the All-Russian Union of Insurers, Insurance Rules (standard) for civil liability for failure to fulfill or improper fulfillment of obligations under an agreement on the sale of a tourism product were developed, which were agreed upon with the Federal Insurance Supervision Service at the end of April 2007.

It would be advisable to introduce a special rule into the Law on the Organization of Insurance Business, establishing the need for mandatory agreement with the insurance supervisory authority of standard rules for insurance of liability for violation of specific types of contracts, reflecting the specifics of the relevant contractual relations.

According to paragraph 3 of Art. 932 of the Civil Code of the Russian Federation, the risk of liability for violation of the contract is considered insured in favor of the party to whom, under the terms of this contract, the insured must bear corresponding liability. Under a contract for the sale of a tourism product, a tour operator may be liable either directly to the tourist (excursionist) or to another person who ordered the corresponding tourism product. Such a person could be, for example, a company purchasing a tour for its employees or partners. This means that the insurance contract can have either one beneficiary - a specific tourist, or many beneficiaries: a tourist and another customer of tourism services; several tourists; several tourists and other customers.

How long is the contract valid?

A separate law on compulsory motor liability insurance (Article 10) regulates the duration of the contract. Often, this period is 1 year, but there is also a minimum period - from 3 months, which is used for car drivers who use their vehicles only during a certain period (for example, in the summer for trips to the country, etc.). It should be noted that in this case the policy cost adjustment factor is applied, which in this case will be equal to 0.5. This means that an adjustment factor is applied to determine the total cost of the policy, lowering the price.

The standard period of validity of the insurance contract (1 year) has certain exceptions, which include the following situations:

The insured is a car owner who has citizenship of another country

Insurance here is concluded for the same period as the duration of registration of a person located in the territory of the Russian Federation along with his vehicle. An insurance agreement with a foreigner can be concluded for a 5-year period.

The contract is temporary

Here we are talking about the validity period of the agreement, which corresponds to the period spent moving the car (for example, from the place of purchase to the place of registration at the nearest traffic police department).

Temporary contract (due to technical inspection)

In the event that, at the request of legislative acts and other regulatory documents, it is necessary to register the vehicle in another region of the Russian Federation, a temporary MTPL agreement will be concluded for the car owner, which will be valid until the vehicle is properly inspected.

There can be many reasons causing the need to re-register a vehicle. Among them:

• purchase and sale transactions, after which it is necessary to have time to insure the vehicle and register it within 10 days;
• change of owner of the vehicle due to inheritance rights;
• changing the place of residence of the car owner with the corresponding registration of the car, etc.

Financial support for tour operators: opinions

Almost all media outlets have already spoken on the topic of financial support for the activities of tour operators. The assessments are diametrically opposed. Some experts believe that these changes will not be able to properly protect the rights and legally protected interests of tourists and other customers of the tourism product, but will force all tour operators with small business volumes to leave the market. Others assess the introduced system of financial guarantees as very effective.

According to Art. 17.6 of the Law provides for the possibility of concluding two types of liability insurance contracts for tour operators:

1) an agreement that is considered as the actual method of financial support for tourism activities - it must meet the requirements for covered insurance risks, the minimum amount of the insured amount, validity period, etc. 2) a tour operator liability insurance contract, which covers other risks and for which there are no special requirements in the legislation on tourism activities.

The insured under an insurance contract for liability for non-fulfillment or improper fulfillment of obligations under an agreement on the sale of a tourism product is a tour operator . This is stated in paragraph. 1 tbsp. 17.6 of the Law on the Fundamentals of Tourism Activities, which establishes that the tour operator, at its own expense, insures the risk of its liability, which may arise as a result of non-fulfillment or improper fulfillment of obligations under the contract for the sale of a tourism product.

In addition, this conclusion follows from the provisions of paragraph 2 of Art. 932 of the Civil Code of the Russian Federation: under an insurance contract for the risk of liability for violation of the contract, only the risk of liability of the policyholder himself can be insured, and a contract that does not meet this requirement is void.

Insurance contract: important terms

By analogy with any legal document, an insurance contract contains a number of points that describe in detail all the nuances of the agreement being concluded. Among them:

1. The object of insurance is the vehicle, which is specified in the insurance policy (it is the vehicle that is insured, not the person). To avoid any fraud, the insurance contract indicates the unique serial numbers of the car.
2. The list of insured events is regulated within the framework of the Law “On Compulsory Motor Liability Insurance” and is not subject to correction.
3. The price of the policy is determined by multiplying a certain basic tariff (regulated by law) by separate coefficients provided for each individual case, namely:

• KBM,
• regional connection,
• car power,
• the number of drivers allowed to drive vehicles, their driving experience, etc.

1. The amount of insurance payments is determined by the degree of damage that was caused to the health and personal property of persons injured in an accident. The upper limit of such payments is legally determined, which is:

• 400,000 rub. – for compensation of property damage;
• 500,000 rub. – to compensate for damage caused to the life and health of the victim during a car accident.

1. The procedure for early termination of a contract. It is applied in the event that for some reason the insurer does not fulfill its contractual obligations, and involves a full refund to the client of the cost of the MTPL policy.

In the event that a client has sold his car and wants to terminate the insurance contract on his own initiative, he can count on receiving the balance of insurance premiums minus 23%, of which 20% goes to the insurance company for working with the client, and 3% goes to the RSA. .

Remuneration

The insurance transaction is necessarily compensatory in nature. This means that there cannot be free provision of liability insurance services for non-fulfillment or improper fulfillment of the contract for the sale of a tourism product.

The liability insurance contract for tour operators should be considered a causal transaction, that is, based on a specific fact of a material nature - the presence of an insurance object and interest in insurance, in contrast to the so-called abstract transactions, where the material reason for the occurrence of an obligation has no legal significance.

This transaction is aleatory, that is, risky. On the one hand, the policyholder risks that he will pay the insurance premium, but the insured event will not occur, or the insurer will refuse to pay the insurance compensation to the beneficiary or the policyholder, or will not be able to make the insurance payment due to its financial insolvency. The insurer risks that, having received a relatively small insurance premium, it will be forced to pay an amount many times more significant when an insured event occurs.

Some authors object to recognizing insurance as a risky transaction, since the activities of the insurer are, as a general rule, profitable. The general results of the activities of the subject of the contract cannot change the nature of the transaction itself.

End of the contract

8.1. The contract is terminated early in the event of the death of the Policyholder or the Insured Person, if the death of any of the persons specified in this paragraph occurred before the occurrence of the insured event.

8.2. The Policyholder has the right to unilaterally refuse to fulfill this Agreement with mandatory written notification of this to the Insurer no later than ________ days before the date of proposed termination.

8.3. The contract may be terminated early based on a written agreement between the Insurer and the Policyholder, as well as on other grounds established by the current legislation of the Russian Federation.