The law on compulsory motor third party liability insurance will come into force on February 7 this year. The state threatens those car owners who do not purchase a compulsory motor liability insurance policy with fines, but at the same time promises that there will be enough time to conclude a compulsory insurance contract.
Previously, we have already written answers to the most common questions of Kyrgyzstanis about what OSAGO is and why, in fact, it is needed. Today we decided to answer a new batch of questions. When preparing the material, we used data from the State Financial Supervision Authority, the insurance company Ayu Garant, as well as clarifications from the legal authority, which conducts online consultations on the issue of motor third party liability insurance on the Odnoklassniki social network.
How can I get insurance in case of an accident?
In general, the procedure will be as follows: the one who caused the accident must notify his insurance company about the accident within five days. Within another 10 days, insurers draw up a report, which includes an assessment of the damage, and then provide this report to the insured person. If a person agrees with the assessment, then the company pays the insurance within 30 days; if he does not agree, he can contact the insurance arbiter (this is a new position for Kyrgyzstan - something like an ombudsman for compulsory motor liability insurance - will appear simultaneously with the start of the law; contact information for the insurance arbiter each driver will receive at the time of concluding an agreement with the insurance company). If the applicant is not satisfied with the arbitrator’s decision, then he has the right to go to court.
When will they start to be fined for not having a compulsory motor insurance policy?
From about mid-April. The exact date will probably be announced later. In the meantime, the authorities insist that their goal is not to unreasonably punish car owners. The amount of fines has not yet been approved. According to preliminary data, traffic police will be able to fine people for lack of insurance. Inspectors will also be able to fine you if the car is driven by a driver for whom insurance for this car is not issued. That is, you can’t just borrow a friend’s car for a ride anymore.
From about mid-April. The exact date will probably be announced later.
In the meantime, the authorities insist that their goal is not to unreasonably punish car owners. The amount of fines has not yet been approved.
According to preliminary data, traffic police will be able to fine people for lack of insurance. Inspectors will also be able to fine you if the car is driven by a driver for whom insurance for this car is not issued.
That is, you can’t just borrow a friend’s car for a ride anymore.
What documents will I need to purchase MTPL?
To conclude a compulsory insurance contract, the policyholder submits the following documents to the insurer:
- application for concluding a compulsory insurance contract;
- passport, military ID or driver's license (if the policyholder is an individual);
- a copy of the certificate of state registration or re-registration of a legal entity (if the policyholder is a legal entity);
- a vehicle registration document issued by the body that registers the vehicle (vehicle registration certificate, technical passport or technical coupon or similar documents);
- a document confirming the right of ownership of a motor vehicle, in case of registration of the motor vehicle to another person (power of attorney with the right to alienate this motor vehicle).
Will the authorities increase the minimum cost of insurance?
Today it is preliminary known that the cost of an insurance policy for 1 year will range from 2 thousand to 4 thousand soms. When determining the amount, territorial coefficients, the owner’s driving experience, as well as the number of persons allowed to drive the vehicle will be taken into account.
The minimum cost of insurance may change in the future. The law itself does not stipulate anything like this, but officials do not rule out that after a certain number of years they will decide to increase the price.
Can I go get a policy already?
One of the most important issues in choosing an insurance policy is the relationship between the cost of vehicle insurance and its effectiveness. To reduce the risk of an unpleasant dispute with an insurer in the future, you need to carefully select an insurance company and insurance policy.
When concluding an agreement with an insurance company, you should never try to deceive the insurer, because the problems that arise as a result of these actions can completely nullify all your efforts to select a suitable policy for your car, as well as become a reason for denial of insurance in other companies.
Address of the head office of OJSC "Ayu Garant": Bishkek, st. Toktogul, 126
Phone: (0312) 661-784
Insurance facts:
- third year on the Kyrgyz market;
- is the largest insurer in terms of authorized capital in the republic (authorized capital - 700 million soms);
- presence of representative offices in all regions of the country;
- qualified personnel.
A detailed description of all the listed coefficients will be discussed below.
Please note that the final cost of the policy (T on the left side of the formula) depends on several quantities. If you manage to reduce any of the coefficients on the right side, this will also reduce the cost of the insurance policy. In this article you will learn how you can reduce the listed coefficients.
You should also pay attention to the maximum cost of the MTPL policy, which is set individually for each locality.
The second formula is used only if the driver committed at least one of the violations listed above in the previous insurance period.
For example, for Moscow this amount will be 3 * 4,118 * 2 = 24,708 rubles for drivers who did not commit violations in the previous insurance period, and 5 * 4,118 * 2 = 41,180 rubles for drivers who committed violations.
Please note that in Moscow they should not ask you for more than this amount in any case.
To calculate the maximum cost of a policy in your region, use the coefficients from the "Insurance Rate Coefficients" page.
Finally, I would like to remind you that the fine for not having an MTPL policy is currently 800 rubles. You can find other fines in the traffic police fines table for 2018.
Good luck on the roads!
You should also pay attention to the maximum cost of the MTPL policy, which can be applied in each region.
3 * TB * CT
5 * TB * CT
For example, for Moscow this amount will be 3 * 4,118 * 2 = 24,708 rubles for drivers who did not commit violations in the previous insurance period, and 5 * 4,118 * 2 = 41,180 rubles for drivers who committed violations.
Please note that in Moscow they should not ask you for more than this amount in any case.
You can find the coefficient values for your specific case on the “Insurance Rate Coefficients” page.
Finally, I would like to remind you that the fine for not having an MTPL policy is currently 800 rubles. You can find other fines on the traffic police fines table for 2018 page.
Good luck on the roads!
moymotor.ru
Two insurances per person. Does the MTPL paradox really exist?
Let us remind you that vehicle owners are indeed subject to compulsory civil liability insurance, and the MTPL policy is filled out for each vehicle separately. What's the point of this? In fact, there is nothing to discuss here: the obligation for civil liability insurance is defined by law and it clearly and unambiguously states that it is established for each car individually. According to lawyer Ruslan Osipov, there is no paradox here, since the law is not talking about abstract civil liability, but about specific liability in relation to the owner of the car as a source of increased danger.
And this, most likely, lies the main idea of why the law is written this way and not otherwise. Here we should recall the provisions of the Civil Code of Russia, which states the following (clause 1, Article 1079 of the Civil Code of the Russian Federation): legal entities and citizens whose activities involve an increased danger to others (use of vehicles) are obliged to compensate for damage caused by a source of increased danger, unless they prove that the harm arose due to force majeure or the intent of the victim. Thus, the obligation to compensate for harm falls on the citizen who is the owner of the source of increased danger - he must compensate for the harm during the use of the specific car through which the damage was caused. Auto liability insurance frees the citizen from the need to compensate for damage caused by a specific car within the established limits.
By the way, in 2012, the State Duma considered a bill providing for amendments to the Federal Law “On compulsory insurance of civil liability of vehicle owners.” Its authors intended to change the procedure for issuing a policy, tying it not to the car, but to the owner. According to the draft law, a person with a license had the opportunity to drive any car, having in hand only one document defining his responsibility to other road users. At the beginning of 2013, the Federation of Car Owners of Russia (FAR) supported possible amendments to the law, which ultimately was not adopted. It is unlikely that legislators will return to discuss this issue again.
In fact, our reader would not have received any benefits if the procedure for issuing an MTPL policy had been changed in accordance with his wishes. This also applies to saving personal funds. Even if there was only one policy, he would have to pay more - separately for each car in his possession. Rest assured: the regulator represented by the Bank of Russia and car insurers would do everything in their power to ensure that the amount of the insurance premium is calculated based on the tariff rates for each automobile.
In addition, having a separate policy for each car has a number of undeniable advantages. For example, now you have the opportunity to add other drivers to your policy - your wife, adult son, friends and acquaintances. If the policy were issued to a person, each person you would trust to drive a car would have to take out a policy for themselves. That is, you would actually have to buy insurance twice, three times, etc.
Two existing MTPL agreements - why shouldn’t you do this?
Unfortunately, the situation when two MTPL insurance contracts are issued for one car is not uncommon. As a rule, the driver learns about such double insurance after the accident in the process of resolving a dispute between the culprit and the victim. What does the duality of the polis lead to? In most cases, this results in the loss of the opportunity to receive compensation guaranteed by law. The appearance of 2 MTPL policies for one
car
can arise for several reasons.
2 policies: who can be an insured under MTPL
Can a non-owner apply for compulsory motor liability insurance?
? Yes, such a situation is possible, and it becomes one of the reasons for the emergence of a double policy. Any driver legally permitted to drive a vehicle can become an insured. This can be done even without a power of attorney to obtain insurance; it is enough to have confirmation of the legality of the actions.
The most common option for the appearance of two MTPL policies
– registration of insurance for different drivers after concluding a contract for the sale and purchase of a vehicle.
As practice shows, quite often the seller forgets that the car has already been insured and is still valid, leaving the solution to the problem with compulsory motor liability insurance
to the new owner. After the deal is concluded, the new owner goes to the insurance company and enters into an insurance contract, unaware that his car is still covered by the previous policy, which was not terminated by the previous owner. The second common option for the appearance of two auto insurance policies at the same time is similar, but the car is not sold, but is rented, lent to friends for a while, or similar situations arise. The temporary owner, in accordance with the requirements of the Law, takes out insurance, forgetting to check with the owner whether there is a valid contract. The reasons are different, but the result is the same - two valid policies appear in the database.
Is it possible to have two MTPL policies?
From a legal point of view, the presence of two active MTPL policies at the same time leads to the fact that the last concluded contract is considered worthless and it is impossible to receive payments under it.
According to the Law of Ukraine “On compulsory insurance of civil liability of owners of land vehicles,” the MTPL policy continues to be valid even after the re-registration of ownership of the car (until the expiration date). In the event of alienation of rights to property, all rights and obligations of the policyholder provided for in the contract are transferred to the new owner of the car. In this regard, the new car owner is obliged to notify the insurer of the existence of valid contracts. In the case where the new owner himself does not know about the policy, he does not have the opportunity to do this. Unfortunately, in a situation of haste and desire for a speedy resolution of all bureaucratic problems,
checking the MTPL
is not carried out. The result is the purchase of a second insurance, which, in the end, is insignificant. If such a car gets into an accident, the victim will be denied compensation from the “second” insurance company.
What consequences await a car owner with two MTPL policies?
The presence of two valid civil liability agreements for the culprit of an accident threatens the victim with going to court to recover compensation. And, most likely, his demands will be satisfied, because it is not possible to receive financial payments in any other way. This is one of the drastic options, but before that you must first contact the first insurance company. If it so happens that at the time of the event the policy from the first insurance company had already expired, then it turns out that the liability of the culprit was not insured and the victim goes to MTIBU.
Why do victims most often use the help of the courts? There are several reasons:
- lack of knowledge of other ways to obtain compensation;
- liquidation of the insurance company that concluded the first (current) insurance contract.
Such claims are satisfied in full and the culprit of the incident pays his own money as compensation to the victim.
The consequences of an ambiguous MTPL agreement for a victim in an accident are no less unpleasant. Lack of knowledge about the real insurer leads to a difficult situation:
- the victim contacts the insurance company declared by the culprit, where an assessment of the damage is carried out (unfortunately, the existence of the first contract is not immediately known)
- The owner starts car repairs at his own expense;
- at the moment when the truth about the nullity of the contract becomes known, the vehicle has already been repaired and it is not possible to carry out a new assessment of the damage in another insurance company.
The only option to resolve the problem is to contact the insurance company to obtain the originals of the assessment, which does not always lead to the desired result.
One MTPL policy for several cars: the project has been submitted to the State Duma
They offer to tie insurance to the driver
A bill has been submitted to the State Duma that introduces the possibility of purchasing a compulsory motor liability insurance policy not for a car, but for a specific driver. RIA Novosti writes about this.
The new type of insurance will allow citizens to drive any car that is in their possession and corresponds to the category that will be indicated in the policy. For example, MTPL for cars of category “B” will only allow you to drive this type of transport.
Also, personal insurance will give you the opportunity to drive other people’s cars without being included in the policy and without unlimited insurance. True, this will require a power of attorney or the presence of the owner.
The document was developed by LDPR deputies Yaroslav Nilov, Boris Paikin and Vladimir Sysoev, as well as State Duma Deputy Speaker Igor Lebedev.
A personal MTPL policy will also be good because it will not have to be changed when buying a new car. In addition, it should be a profitable solution for owners of multiple vehicles.
The idea of switching from car insurance to insurance for each driver was previously discussed in the Federation Council. The Central Bank, which oversees the activities of insurers, supported the innovations.
Two cars, one MTPL policy
When changing a car, the same question always arises: what to do with the old, still valid MTPL policy? Many simply throw it away or transfer it along with the sold car to the buyer, adding him to the list of persons allowed to drive. Stop! This is the most difficult and least profitable option.
When selling a car, you can actually offer the new owner to add his data to the policy. To do this, you need to come to the insurance office together, provide the manager with your passports, documents for the car, a purchase and sale agreement and old insurance. The main thing is not only to add the buyer to the list of persons admitted to management, but also to indicate him as the new owner.
There may be nuances here: if he has much less experience than you, and besides, he has several accidents, but you didn’t have any, then the cost of the policy can rise significantly. And the compensation you expected to receive from the new owner of your old car will be reduced to zero. Moreover, and most importantly: only the policyholder can resolve all issues with the insurance company, so you need to issue a notarized power of attorney for the buyer of the car so that he can interact with the insurance company on your behalf, that is, on behalf of the policyholder. And God forbid, something happens to you - in the event of the death of the policyholder, the MTPL agreement will automatically terminate, and the new owner of the car will be left without insurance coverage. Even if he has a power of attorney, it will simply lose its power. So-so option.
But you can do it differently. Some car owners believe that a car can be “transferred” from one car to another without any problems. Misconception or myth?
No, not a myth. The Russian Union of Auto Insurers allows you to do this. But several conditions must be met:
- You must contact the same insurance company that issued the policy for the car you sold;
- The insured of both the old car and the new one must be the same person.
To reissue a policy, you must provide a purchase and sale agreement for a new car, a title, a passport, an MTPL policy left over from the old car, and the agreement under which it was sold. However, if you own two vehicles, one of which you sold, it is possible to rewrite the policy for the second one. The algorithm of action and conditions are still the same: the policyholder in both cases is the same person, the insurance company is also the same.
The main thing is that both cars are approximately the same. After all, if one has an engine power of 98 hp. s., and the other - 200 l. p., it is logical that the cost of the second policy will be higher, and this will be taken into account when recalculating.
ATTENSION!
It's the 21st century, and everyone is used to doing everything online. In this case, it won’t work: neither your smartphone nor insurance websites will help you, you will need to come to the company’s office. The procedure itself will take a little time, and the policy will be reissued on the same day. The only “but”: despite the apparent simplicity, it is not a fact that the insurance employee knows how to renew the contract for another car, so the initial “five minutes” can turn into several hours.
Two compulsory motor vehicle insurance for one car!
Duplicates found
you go to the insurance company and get one insurance back, but without 30% of the money paid
I issued 2 insurance policies for one car. What to do?
don't deny yourself anything
The fact of the matter is that I’m a beggar, and also not very smart.
First I issued an electronic one in Reso. Paid online. The policy was not sent. I called and they said payment would arrive within 3-30 days and we would send it again. I apply for it in Alpha, everything is fine there, they sent me the policy. I called Reso and they said we won’t return the money.
