Fines for not having car insurance

The main differences between taxi insurance and a standard MTPL insurance policy

When driving a vehicle, each driver is required to insure his liability for possible property losses or damage to health while driving the car.
There is a compulsory motor liability insurance policy for this. There are no exceptions for taxis in this matter. Quite the contrary. Activities related to the transportation of passengers imply responsibility not only for other cars, but also for the clients sitting inside the cabin. Indeed, in the event of an accident, the driver will be financially responsible for the resulting moral and material losses. Given these special conditions, when visiting the office of the insurance company, the driver is required to inform that the car is used to transport passengers. OSAGO insurance for a taxi, as a rule, costs several times more than a standard contract. This is due to the work of taxi drivers, who are constantly on the move, and their likelihood of getting into a traffic accident is much higher than that of ordinary drivers.

All drivers are subject to penalties for violating the law. There are fines for violations of general rules and for using a car as a taxi.

So, if a car driver does not have a completed insurance contract when checking his documents, he may be subject to a fine of five hundred rubles. The violator will be fined in the same amount in a situation where the vehicle is used, and this period of use is not indicated in the compulsory motor liability insurance policy.

For a vehicle owner, MTPL taxi insurance will cost significantly more than a standard insurance policy. The higher cost of insurance is due to several key factors:

• level of profitability - for insurance companies, issuing compulsory motor liability insurance for taxis is an unprofitable segment due to the regularity of passenger traffic, which causes an increased risk of an accident and the need to make payments to the injured party as a result of the accident;
• regional reference;
• technical characteristics of the vehicle;
• the amount of payments for an insured event that occurred to the driver of a car in the previous period.

Why do you need taxi insurance?

Insurance for a taxi is necessary for the same reasons as for a car for personal use. Firstly, under current legislation, drivers are prohibited from driving a vehicle without a compulsory civil liability insurance policy. Secondly, the insurance contract is a guarantee that in the event of an accident the car owner will not have to pay for all the damage themselves.

An important fact: the driver of a car used to transport passengers cannot have a standard MTPL policy. If a taxi driver gets into an accident and then demands payment from the insurance company by presenting a regular insurance contract, he will be denied services. The driver should not hope that he will be able to refute the fact of using the car for the purpose of earning money.

A vehicle that is used as a taxi must be insured just like a car used by the driver for commercial purposes (that is, for the purpose of making a profit). Only with the appropriate note in the contract can the taxi owner count on any payments from the organization that insures him.

Documents for registration of compulsory motor liability insurance

A taxi is a passenger vehicle involved in the paid transportation of passenger flows from one point to a specified destination. Therefore, a taxi spends much more time in motion than a car used by the owner for business purposes. In most cases, taxi services are used in urban environments, on roads with heavy traffic flow.

This leads to a significant increase in the risk of a traffic accident. And in the event of an accident, if the taxi driver is found guilty, he (or the owner of the car) will have to pay the victim an amount in the amount of material and moral damage incurred, as well as pay a fine for operating the car without the required insurance policy.

To apply for an insurance policy for a taxi, the car owner will need to provide the insurance company with the following documents:

• passport;
• constituent document (for a legal entity);
• certificate of state registration (for a legal entity);
• statement;
• diagnostic card;
• car passport (PTS);
• driver's license of each driver who will operate a vehicle to transport passenger traffic.

In order to officially become a taxi driver, the driver only needs to submit four documents, and a license to carry out such activities is issued:

• application of the established form;
• copies of documents that confirm the identity of the future taxi driver;
• extracts from the register of legal entities or individual entrepreneurs confirming registration and registration with the tax service;
• a copy of the vehicle registration document.

Previously, there was a requirement for taxis, which allowed one license for one own car. Taking into account the changes made to legislative acts, an individual entrepreneur can issue permits for rented cars by presenting copies of the lease agreement or for cars that he uses by proxy by submitting a copy of the document.

OSAGO for taxi drivers is much more expensive, given the specifics of their activities. However, even despite this, few insurance companies enter into contracts with official passenger carriers. After all, this is an unprofitable product for a specialized organization. In such a situation, the driver does not know where to make compulsory motor insurance for a taxi. After all, you want to spend less of your personal time and get a valid document.

A number of leading insurance companies have a list of conditions under which they issue MTPL contracts. Rosgosstrakh signs such policies only in the organization’s office and does not offer their purchase online. You can obtain a contract only upon presentation of all permits. In addition to the list of official documents, you must provide the vehicle to the insurance company. And I am ready to deliver the insurance product to the client’s place of residence if he has all the documents.

To obtain the necessary MTPL insurance policy for a taxi, the driver must first prepare documents for its registration. In addition to documents for the car and confirming the client’s identity, he must present a license, medical certificate, vehicle and a concluded contract with a taxi service if he works with a legal entity.

Having prepared the entire package of necessary documents, the policyholder contacts an employee of the insurance company to obtain a policy. Some insurers may require the client to present the vehicle for inspection. The contract is drawn up quickly, and after paying the insurance premium, the driver receives a compulsory motor liability insurance contract. For cars involved in the transportation of passengers, the entry “used in a taxi” is entered in the policy.

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General issues

Rice. 6 General questions about taxi insurance

Below are the most frequently asked questions that our clients ask when taking out a policy for cars used as taxis:

Do I need a diagnostic card for a taxi?

Yes, I need it. Moreover, if the car is new, then a technical inspection is not needed only for the first six months, and then a technical inspection is required. At the same time, the technical inspection for taxis is valid only for six months. In addition, the taxi driver must carry the vehicle inspection with him, and traffic police officers, in turn, can check it, which they do all the time. In addition, we do not recommend applying for compulsory motor liability insurance for a taxi, as for a regular car. A case from our practice: a traffic police officer calls a taxi in Yandex or Uber checks the documents that are issued as for a regular car, the driver naturally claims that he does not work in a taxi, and the inspector responds by showing him an order where his car is listed in the taxi application. Without a technical inspection for a car used as a taxi, without a technical inspection, it is impossible to issue an MTPL policy.

Fines for lack of compulsory motor insurance for taxis

In general, the fines for not having a compulsory motor liability insurance policy for a taxi are the same as for individuals, but here the traffic police officers have a real field to roam. Taxi fines are divided into two categories - general and special. General fines are those that are inherent to any vehicle; this category includes:

• Lack of MTPL policy for the car, as such. The fine will be 500 rubles or 250 rubles if you manage to pay at a discount.
• Also, if the policy was issued for certain periods, and during the period not provided for by the insurance policy you were driving a car, then the fine, as for a missing MTPL policy, is 500 rubles.

The group of special fines includes those that are provided exclusively for taxis. Such fines are divided into two categories - for individuals and for legal entities. For a legal entity, the fines are many times higher. Typically, such fines (special) are imposed if traffic police inspectors have direct evidence that the car is used as a taxi. Special penalties include:

• As mentioned above, a technical inspection for a taxi is mandatory, so if you were caught by a traffic police officer without a technical inspection in a taxi, the fine will be from 500 to 800 rubles, but in this case, the matter is usually not limited to the technical inspection.
• If you transport passengers as a taxi and you do not have the appropriate documents for this, in particular a license to operate as a taxi, then the fine will be 5,000 rubles.
• Illegal installation of taxi checkers or airbrushing of taxis is also punishable by law. For an individual, the fine will be 5,000 rubles, with the exception of the above, and for legal entities, the fine will be as much as 500 thousand rubles.
• I would also like to note that there is a fine of 3,000 rubles for Moscow and St. Petersburg and 1,000 rubles for other Russian cities for parking closer than 15 meters from public transport stops.

The most common mistake taxi drivers make is issuing an MTPL policy as for an individual without specifying the taxi. This is done to save money, but in fact, in the end it turns out that the taxi driver pays more to the state for fines than he saves.

Taxi coefficients when calculating compulsory motor liability insurance

All taxi drivers know that the cost of the policy for cars used as taxis is higher than for ordinary cars and they often ask whether there is any coefficient for calculating the MTPL policy that is responsible for taxis? No, there is no coefficient, it’s just that insurance companies use a different base rate for taxi drivers, which is slightly higher than for ordinary cars of different categories. The overpayment depends on the insurance company with which you take out the MTPL policy. For example, our company cooperates with dozens of insurance companies, so we will 100% find you the best price.

How much more expensive is taxi insurance?

As mentioned above, the only difference is in the base rate; depending on the insurance company, the difference ranges from 25 to 50% of the cost of the policy for a regular car - not a taxi. The table below shows the cost of policies for taxis and regular cars.

As you can see from the table, the difference between taxis and regular cars is about 50 percent - this is the cost of legal work as a taxi.

Accident involving a taxi, will there be payments under compulsory motor liability insurance?

If a taxi car is involved in an accident and it is the culprit, and the taxi driver has a valid MTPL policy, then of course there will be payments. Moreover, as required by law, the injured party will receive up to 400 thousand rubles. It works the same way in the opposite direction; if the taxi is not at fault, then it is entitled to payments.

However, all this is provided that the taxi has a normal OSAGO policy, with a mark about the taxi, but if for some reason there is no such mark, then the insurance company will also pay everything due, but then if there is sufficient evidence that the taxi driver was on order , will file a recourse and through the court will seek the return of the money. Therefore, our advice to taxi drivers is to take out an honest MTPL policy with a taxi stamp, then you will not have problems, either in the event of an accident or with the traffic police officers you meet on the road.

Taxi driver tricks

Yes, the employer is responsible for his employees. The individual entrepreneur must keep track of who he hires, who he trusts with the car and passengers. As an employer, he is obliged to control the actions of his employees. If an individual entrepreneur puts a previously convicted person without a license behind the wheel of a taxi, he will be held accountable for this according to the law. This is a general rule: it applies not only to taxis, but to all employers.

By the way, you need to answer even for those employees who are registered not under labor contracts, but under civil law contracts. There are nuances here, but this does not negate responsibility.

In order to reduce the cost of purchasing an expensive MTPL policy for taxis, drivers do not notify the insurance company about the type of their activity. Naturally, if the contract is drawn up by a taxi service for all its cars, then in this case it is impossible to hide the fact of professional transportation of passengers.

However, increasingly, insurance organizations are faced with the fact that the client is silent about the features of using the car and purchases a contract at a standard price, without thinking about the possible consequences. After all, if a road accident occurs while delivering passengers, and the driver has a regular contract, the insurer will be able to legally refuse to cover losses under such documents.

Taxi insurance options

An MTPL policy for a taxi is made for a limited or unlimited number of persons allowed to drive. There are clients who buy a car for themselves, register it in their name and drive it themselves, but there are very few of them left now. The market is developing and putting forward new demands. One of the schemes is for a person – an individual – to buy a lot of cars and rent them out as taxis. Then it is better for him to make an unlimited number of admissions, so that he does not have to run to the insurance company and enter each driver into the MTPL for a taxi. Moreover, as AutoPlus employees see, driver turnover is very high.

What is the difference between an MTPL policy for a taxi?

Rice. 4 OSAGO for taxi

OSAGO for individuals

The most important difference between MTPL for taxis for individuals is the insurance premium paid to the insurance company, which is higher than for a car and the point where the purpose of using the vehicle is indicated - taxi. The MTPL policy itself for taxis, both in electronic and paper form, looks the same. With the exception of only a tick in the second paragraph on the policy, which indicates that your car is registered as a taxi. Insurance for an individual for vehicles used as a taxi can be either limited or unlimited.

OSAGO for legal entities

Compulsory motor liability insurance for legal entities can only be issued for an unlimited number of drivers, unlike in cases where the owner of the car is an individual. Naturally, even if the owner is a legal entity, then in paragraph 2 there will be a checkmark for a taxi, and in paragraph one of the policy the name of the organization will be written instead of the full name for physicists.

Why is it difficult to insure a taxi?

Taxi was initially always considered an emergency mode of transport, since it was considered more dangerous. OSAGO itself is an unprofitable type of insurance, and taxis are doubly so, so insurance companies try to come up with any excuses to refuse the client. The AutoPlus company solves any problems that a client may have regarding registration of an MTPL policy for a taxi. We cooperate with many insurance companies and will help you obtain a compulsory insurance policy for a taxi under any conditions. We have never had a single case where a client left without a policy.

What to do if the owner is from the region?

If the owner of the car is a taxi driver not from Moscow or the Moscow region, but from another region of Russia, then it is doubly difficult for him to issue an MTPL policy. A reasonable question - if I go to my region, will I register there without any problems??? NO!!! In the region, it is generally unrealistic to issue an MTPL policy for a taxi without going through seven rounds of inspections. The AutoPlus company will help you solve all the problems associated with issuing an MTPL policy for a taxi. Why is it so difficult with regional taxi cars? The thing is that in Moscow the regional coefficient is higher than in 95% of Russian regions, so insurance in Moscow will cost more, but if you are from the region, then insurance companies issue a policy for your region, that is, you get an MTPL policy at the price region, but in fact you are driving around Moscow, hence the unprofitability of compulsory motor liability insurance for any insurance company increases.

Rice. 5 OSAGO for regions

Conditions of insurance companies for issuing a policy

Federal Law No. 40 of April 25, 2002 (clause 1, article 4) imposes an obligation on the owners of passenger cars to insure the risk of their civil liability arising in the event of damage to the property and life of another citizen during the operation of their vehicle.

Taxi insurance OSAGO is an insurance policy that insures the risk of civil liability of the car owner. This document is issued for a period of 3, 6 months or 1 year.

Directive No. 5000-U dated December 4, 2018 established the base taxi insurance rate. Its size is the same for legal entities and individuals and is set at 7,399 rubles.

For the lack of insurance for a taxi or an existing insurance policy issued for an ordinary passenger car that is not used to transport passenger traffic, the culprit is subject to fines in the following amounts:

• 500 rubles – the driver of the car is not included in the MTPL;
• 500 rubles – the driver drives the car within the time limits not provided for by compulsory motor liability insurance;
• 800 rubles – the driver drives a car with an expired compulsory motor liability insurance;
• 500 rubles – there is no valid MTPL insurance policy for a taxi.

If, when checking documents by a traffic police inspector, it is discovered that the driver does not have an MTPL insurance policy for a taxi, due to forgetfulness (he forgot it at home, in the office or other place), then a representative of the law enforcement agency may exercise the right to detain the vehicle until the insurance policy is presented (Clause 1, Article 27.13 of the Administrative Code).

A peculiarity of calculating the insurance premium is the use of special increased coefficients. Thus, the calculation of the insurance premium is influenced by two main documents:

1. Law “On Compulsory Motor Liability Insurance”. From here, general coefficients are taken, taking into account the characteristics of a particular vehicle and driving experience. For taxi drivers, these values ​​are used as increased values. In addition to the fact that the car is used as a taxi, the size of the insurance premium is influenced by such factors as:

• seasonality;
• region;
• traffic violations in the past;
• distortion of information when applying for compulsory motor liability insurance.

1. Insurance rules of a specific insurance company. These rules are local and are developed within any insurance company. It is these rules that detail the features of insuring a vehicle used for taxi activities. As practice shows, these conditions are very strict. After all, the insurer, taking responsibility for a car used as a taxi, risks losing much more than it earns in a year from one taxi driver.

To pre-calculate how much the insurance premium will cost, it is best to go to the nearest office of the insurance company and, together with its representative, take into account all the factors.

Fines for not having insurance

If the car owner decides not to take out a compulsory motor liability insurance policy, he faces fines. This document is one of the mandatory ones.

Driving without insurance - table of fines

Here are the main fines related to driving without insurance and the articles of law they refer to:

Fine if the MTPL policy is expired

It's the same as if he doesn't exist. That is, you will have to pay a fine equal to 800 rubles.

The usual insurance period is one year. Most companies offer convenient options. Such contracts are also valid for a year, but the driver can receive insurance that will only be valid for a month.

Someone will ask: “Why is this necessary?” . The answer is simple: not everyone drives a car every day; for some, it sits idle for six months.

That is, this is suitable for those who drive seasonally, for example, to the country or on vacation, and the rest of the time the car is idle. But you need to understand that then you can only drive during the insurance period. Or a sanction of 500 rubles will be applied.

Fine for driving without an MTPL policy

If you have a policy, but somehow you simply forgot it at home, then you will receive a fine. It will be 500 rubles. This is provided for in Article 12.3, Part 2 of this code.

Fine for lack of insurance

If the policy was not issued at all, then this is more serious. The size of the sanction will be 800 rubles. Previously, until 2014, vehicles were evacuated for this and license plates were removed.

Fine if the driver’s details are not recorded in the policy

According to the Code of Administrative Offenses, a person who is not included in the MTPL policy, but drives a car, pays a fine of 500 rubles. Previously, until 2013, it was only 300 rubles.

Documents for registration of compulsory motor liability insurance

In order to engage in individual activities in the taxi industry, the driver must have at least three years of driving experience. A permit license is issued for a minimum of five years. If at this time there are changes in the car’s data (change of license plate, refurbishment, change of color), the license is also reissued taking into account the adjustments made.

Drivers transporting passengers are required to undergo a technical inspection of the vehicle within the specified time frame. An entrepreneur or legal entity must inspect car drivers daily and check their health status. In addition, the chief mechanic is required to monitor the condition of vehicles that are released for work every day.

Some insurance companies, under any pretext, refuse to issue a policy, although, according to current legislation, if they have an insurance license, they do not have the right to do so. Other organizations force clients to purchase voluntary insurance policies along with the MTPL contract for taxis. As a result, the cost of visiting an insurer increases several times for a taxi driver.

And yet, if the selected insurance company refuses to sell the contract, you can send the entire package of documents by registered mail to the address of the insurer with acknowledgment of receipt. From the date of receipt (the date will appear in the notification) within thirty calendar days, the insurance organization is obliged to draw up an insurance contract and notify the client about it. To speed up the delivery process, the taxi driver should contact the courier service.

In order to determine how much MTPL costs for a taxi, coefficients will be applied to the basic tariffs. According to the requirements of current legislative acts, the final cost of the contract is influenced by the following factors:

• type of client - organization or individual entrepreneur;
• car type;
• place of registration of the vehicle owner;
• engine capacity;
• driving experience;
• driver age;
• payments under previously existing agreements.

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If the car is used to carry out passenger transportation activities, then the fines are much higher. A driver who drives a car that has not passed the mandatory technical inspection will be punished in the amount of five hundred to eight hundred rubles, depending on the power of the vehicle and the number of seats for passengers.

If a legal entity, without the absence of permits, equips cars with sound devices or taxi identification marks, then a fine of twenty thousand rubles is collected from the manager and fifty thousand rubles from the organization itself. In addition, all illegal devices will be dismantled and confiscated. If such an offense was committed by an individual entrepreneur, then he will be required to pay a fine of five thousand rubles.

Even parking vehicles used as taxis may result in a fine. So, if the driver parked the vehicle less than fifteen meters from the trolleybus and bus stop, then you must be prepared to pay one thousand rubles. The same violation of traffic rules in Moscow or St. Petersburg will cost a taxi driver three times more.

It should be remembered that in case of violations under MTPL agreements drawn up according to the standard procedure, the regulatory authority may issue a warning, while when using a taxi car, a fine is immediately collected. Currently, the amount of the fine can be reduced by half if it is paid within twenty days. At the same time, the imposed fine will double if the violator does not pay it within the time limits established by law.

No, liability under agency agreements generally applies to everyone who orders services from intermediaries or works as an agent themselves. And something irreparable does not have to happen: responsibility will have to be borne not only for the death of the passenger. If a woman had broken her arm or had her bag stolen by a driver, that could also be the subject of a lawsuit.

For example, under agency agreements you can search for audiences for trainings and courses, sell contextual advertising and tickets to events, attract clients for web studios, be a telephone dispatcher or deliver food.

You can write anything in the contract and distribute responsibility however you want, but if the matter goes to court, it will not save you. This did not help the taxi service, although according to the documents it seemed to have secured its insurance.

In fact, this is not the first time that taxi services have cheated. There are many court decisions when they are fined and forced to change advertising. They disguise their services as informational, although in fact they completely control the transportation process. But at the same time, clients are provided with the information that is beneficial to the aggregator. This way it’s more convenient to earn money and not be responsible for anything.

The case of misleading taxi advertising

Taxi service punished for not monitoring drivers

If a car that is used as a taxi does not have a compulsory motor liability insurance issued or is issued without taking into account the specifics of its operation, then the very first check of documents by a traffic police inspector threatens the driver with penalties. These fines can be divided into two types:

1. General fines. They apply to drivers who use the vehicle for personal purposes not related to the transportation of passengers.

1. Fines for drivers using a car as a taxi.

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As you can see, penalties for cars used in taxi operations are several times higher than fines for ordinary motorists. Therefore, if you plan to use the car as a taxi, then it is better to apply for compulsory motor liability insurance in accordance with all the rules. Otherwise, visible savings can later become very expensive.

Penalties for lack of insurance

Since a compulsory civil liability insurance policy is a necessary document for every car owner, the legislation of the Russian Federation provides for fines for the absence of this paper. Among the features of the application of penalties for lack of compulsory motor liability insurance, the following can be highlighted:

1. Even if the violator was stopped at one checkpoint and issued a fine for lack of insurance document, at the second he may also be fined for this. Even if the essence of the offense is the same, but when it is recorded, different times are indicated, you will have to pay both receipts.
2. The MTPL policy must be official and meet all standards.
3. Even if the policy is overdue by one day, this is grounds for sanctions.

For individuals

Often, an individual driving a taxi without an appropriate MTPL policy is illegally providing their services. If the so-called “bombila” is caught by a road patrol inspector, he will face a fine of up to 800 rubles for not having an insurance contract drawn up for the taxi.

If it turns out that the owner of the car transports passengers for money, without having a license for his activity, he will be fined 5,000 rubles. The same amount of payment follows if the driver’s car illegally bears taxi markings.

If a private person who uses the car exclusively for personal purposes does not have a compulsory insurance policy, the fine will be 500 rubles.

An individual must pay the fine within 40 days after receiving it. Otherwise, the driver will acquire the status of a debtor. If payment is made within the first twenty days, the car owner is given the right to receive a discount of 50% of the original amount.

For individual entrepreneurs

In the field of auto insurance, all individual entrepreneurs are treated like individuals, so the system of fines is the same for them.

For legal entities

It is a mistake to believe that a fine for not having a compulsory insurance policy can only be issued to an individual (driver). Driving without insurance is also subject to penalties for legal entities. No vehicle owned by any organization can be operated without an insurance document.

The fine for the lack of compulsory motor liability insurance for legal entities is also 800 rubles, however, the lack of a policy is not the only punishable offense. So, if a legal entity, without the required documents, equips vehicles that are used as taxis with special sound devices or identification marks, a traffic police officer will issue a fine to the manager in the amount of 20 thousand rubles. The organization itself will also suffer a loss, it will amount to 50 thousand rubles.

Often, when applying for compulsory civil liability insurance, organizations choose a tariff that does not limit the list of persons allowed to drive a vehicle. Also, after the MTPL policy, legal entities that own a large number of cars enter into a DSAGO agreement with the insurance company, which provides greater protection against risks.

Why did the family demand money from the taxi service?

The family wanted to hold everyone accountable:

• The driver who was driving the car. It was because of him that the accident happened and the passenger died.
• The individual entrepreneur who owned the car. He hired a driver under an employment contract and provided him with a car for work. It was the individual entrepreneur who concluded the contract with the taxi service.
• The taxi service that accepted the order. The woman called them, ordered a service from them and did not know at all how the relationship with car owners and drivers was structured.

The husband and daughters of the deceased filed a claim for damages and demanded that the driver, individual entrepreneur and aggregator become joint and several defendants. This means that compensation can be demanded from any defendant - whoever has the money will pay the full amount. Then let them sort it out among themselves.

The driver admitted guilt, but it was unlikely that compensation could be obtained from him. He would pay it off for many years in small amounts. But a taxi service is an LLC, a large organization that probably has money in its accounts. It is faster and easier to obtain compensation from such a defendant.

Even if the court distributes compensation in shares among all defendants (this is possible), there is still a greater chance of receiving money from a large company than from a previously convicted unemployed driver with three children.

Why didn't the taxi service want to be the defendant?

Nobody wants to be the defendant. Especially if the claim is for millions of rubles and there is no direct fault. But if the driver and individual entrepreneur had no chance of not participating in the case, then the taxi service found them.

Aggregators, whom everyone calls to order a taxi, enter into agency agreements with drivers and car owners. Taxi services themselves, according to documents, provide information services: they receive calls, transfer them to drivers and send SMS to clients. They themselves do not transport anyone anywhere and are not responsible for the safety of passengers: this is usually written in the contracts.

What did the courts say?

The taxi service cannot be the defendant: it just looks for customers and reports them to the drivers. It does not transport people, does not insure them, and should not be responsible for their safety.

Funeral expenses will be reimbursed by the individual entrepreneur as the owner of the car. He is responsible for the actions of his employee according to the law.

The driver will be compensated for moral damages, because because of his actions a woman died and her family is worried. But not 1.5 million, but 700 thousand rubles each.

In total, the family should have received 3.3 million rubles under this decision. But it’s not a fact that she would have waited for the money. Although the driver was released under an amnesty, his license was not returned.

Hiring a taxi service will not work. Only the driver will compensate for moral damages. It is also impossible to increase the amount: supposedly there is no reason, 700 thousand is enough.

But with the reimbursement of funeral expenses, which were recovered from the individual entrepreneur in the first instance, things turned out interesting. During the appeal, he was allowed not to pay the family 550 thousand rubles.

The court decided that the individual entrepreneur is not obliged to compensate for this damage from his own pocket. Supposedly there is insurance, so let the insurance company pay. The family did not apply for insurance, but immediately sued the individual entrepreneur.

In the Supreme Court, the family again demanded that the driver, the individual entrepreneur and the taxi service be recognized as joint and several defendants. With a positive decision, the chances of getting money would be greater.

Also, the husband and children continued to insist that the defendants pay funeral expenses, not insurance. Moral damage was estimated at 6 million for everyone.

Here's what the panel of judges said about this.

Taxi service. She has an agency agreement with an individual entrepreneur. According to the documents, it provides only information services and is not responsible for passengers. The taxi service allegedly does not provide transportation. But she still has to answer.

According to documents, the taxi service's main activity is taxi services: the company officially confirms this with social insurance documents every year. The advertisement also talks about taxis, not information services.

Under an agency agreement, responsibility to the client lies with the person on whose behalf the transaction is made. It doesn't matter what is written in the documents. And it doesn’t even matter that there is a sign in the car that such and such an individual entrepreneur provides services to you. The passenger contacts the taxi service, leaves an order there and receives a confirmation SMS.

The taxi service was illegally excluded from the list of defendants. You can also demand money from her.

You can also recover moral damages from an individual entrepreneur.

Funeral expenses. The individual entrepreneur voluntarily insured his liability. But forcing a family to contact an insurer is illegal. The maximum amount of payments under this policy is 1.5 million rubles, and the plaintiffs are asking for more. And the insurance company will not pay them, because the individual entrepreneur’s guilt was not established in court and everything was blamed on the driver.

There will be no payments with the MTPL agreement either. For the individual entrepreneur, it ended three months before the accident. You can’t even get 25 thousand with it. There are no other agreements in the case. What kind of compensation from the insurance company can we talk about?

The individual entrepreneur was illegally exempted from reimbursement of funeral expenses.

“The problem is known, there is nowhere to go”: auto experts assessed the situation with taxi drivers without compulsory motor liability insurance

The lawyer assessed the chances of recovering damages in the event of an accident with a taxi driver without a compulsory civil liability insurance policy

With the advent of the MTPL policy, the wild times of car showdowns on the roads with baseball bats and jokes from the series “well, then let’s go look at the apartment” are over. Following them, however, came times that were not civilized, but more like semi-savage ones. Many people simply do not purchase an insurance policy, despite its mandatory availability. Some people stopped doing this because of the price of compulsory motor insurance, which is growing every year, and rely on their own accuracy. And there are those who do not buy it for reasons of principle. Theoretically, in the event of an accident, money can be recovered from the culprits of the accident who did not have an insurance policy through the court. But in any theory, as you know, there are nuances.

The Moskovskaya Gazeta looked into the situation.

“The problem is known, there is nowhere to go”

“The situation is typical, of course, but it’s a first for me. Tell me, knowledgeable people. A taxi driver drove into me. The traffic police inspector issued a resolution. The taxi driver admitted guilt. The taxi driver does not have compulsory motor insurance. My insurance is refusing to pay. I have CASCO insurance, but with a fairly large deductible. What to do? Where to go and with what?” — Muscovite Natalya Kotyatova wrote in the “Blue Buckets” group on Facebook. In the comments, she explained that the culprit of the accident was a native of Uzbekistan with Russian registration.

Coordinator of the movement in defense of the rights of motorists “Blue Buckets” Pyotr Shkumatov, commenting on the situation for Moskovskaya Gazeta, noted that often the presence of insurance among taxi drivers is simply not monitored by authorized bodies, although there is an opportunity to do this.

“This is a known problem and there is nowhere to go with it. Unless you go to Uzbekistan and sue the one who caused the harm there. The law has long regulated such situations. One gets the impression that for some reason the Moscow Road Inspectorate perceives taxis without compulsory motor liability insurance as the norm, although mechanisms for monitoring the availability of an insurance policy also exist. Why is this happening? It’s probably worth asking the Moscow Department of Transport. The problem, of course, is relevant not only for the capital, but also for the regions,” the activist emphasized.

It is often impossible to recover damages

According to Candidate of Legal Sciences Ekaterina Skosarenko, the legislation regulates the procedure for the actions of victims in this situation, however, in practice, it is most often simply impossible to recover damages from foreign citizens: “In the case of an accident without a registered compulsory motor liability insurance, the culprit is subject to the general rules for compensation of losses on the basis of Article 1064 The Civil Code of the Russian Federation, according to which “harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm.”

The Constitutional Court of the Russian Federation clarified in the Resolution of the Constitutional Court of the Russian Federation dated March 10, 2017, what rules should be followed when determining the amount of damage from an accident: - the victim has the right to full compensation for losses incurred due to the accident, which include all costs of restoration, as well as all other necessary expenses caused by the accident; - if after installing new components on a damaged car, its value increases, then this does not reduce the size of the claim against the person responsible for the accident; — the responsibility to compensate for all losses falls on the person responsible for the accident. If the culprit of the accident is a citizen of another country and he has no property, there are three options for resolving this situation: negotiate with the culprit of the accident and demand the amount of damages from him, resolve the issue through the CASCO insurance company or through the court.”

“In this case, the victim is lucky that she has at least some compensation thanks to CASCO, albeit with a deductible. From the point of view of reducing your own property and time costs for repairs, the most logical thing would be to contact the insurance company under CASCO. The terms of the franchise agreement are important here. If it establishes an unconditional deductible, then the car owner will always pay it in the event of a claim, and if it is conditional, then he can avoid paying the deductible, since in this case the driver is not the culprit of the accident, and all costs will be borne by the insurance company. If the victim of an accident is forced to pay the deductible, then she can try to compensate for the losses later through the court from the person responsible for the accident. The losses will need to include the cost of the franchise, and also try to include in the amount of increased interest payments for CASCO for the next year in connection with applying to the insurance company for compensation in case of an accident through no fault of your own (provide a calculation from the insurance company as proof). However, it is not a fact that the court will satisfy this requirement, but you can and should try. This option allows you to repair the car without waiting for a court decision and the actions of bailiffs to enforce the decision. In any of the options, the victim may be faced with the impossibility of compensating for her losses, even if a court decision is made in her favor, if the foreign citizen responsible for the accident does not have any funds or property on the territory of the Russian Federation that can be levied on, and he voluntarily executes the decision doesn’t plan,” the lawyer explained.

“All taxi drivers must have special taxi insurance. But try to buy it"

The Moscow Taxi Association told Moskovskaya Gazeta that it is possible to control the availability of insurance for taxis only through video recording equipment and with the help of MADI employees.

“A very common scheme is when someone buys a car, gets a taxi license, and then decides to rent out the car. Some people may keep track of when their car insurance expires, but others may not. Does this person to whom the car is given have the right to drive it? For that matter, all taxi drivers should have special taxi insurance. But try to buy it. It's practically impossible. Either through dealers somehow, or through the courts. Obviously, the sale of such special MTPL policies is unprofitable for insurance companies. In principle, aggregators can check the availability of a license and insurance through the database of the same MADI, which contains all the necessary information about the vehicle. The same Yandex has a connection with databases that are constantly updated. If, for example, someone’s license has expired or it has been revoked, the system determines this within a few minutes, and the driver’s taximeter displays the relevant information directly. That is, he will no longer receive orders. Insurances can also be checked by integrating with the PCA database. It is enough to enter the STS number there to see the current OSAGO. Another question is how much aggregators want to integrate. This is a “double-edged sword.” If we cut off all the “illegal immigrants”, there will simply be no one to work for the kind of money that they get in a taxi today. We will have to radically revise our pricing policy in the direction of increasing tariffs. And aggregators have exactly the opposite task - to reduce the tariff. Perhaps some will block drivers without a license and insurance, but others will not. The control mechanism exists, but if it is launched, there will simply be no one to drive for 12-16 hours a day. It is possible to restore order in the field of taxi transportation with normal pre-trip medical examinations, licenses, insurance and other things. But in today’s situation it is unprofitable,” the association explained.

OSAGO calculation

Taking into account all the above parameters, insurance companies offer contracts with different price options. For example, OSAGO from Rosgosstrakh is offered in large cities for almost nine thousand rubles. The same company, when registering a car in the regional center, will sell a car title agreement for cars that carry passengers at half the price, for 4,200 rubles. The most expensive MTPL insurance for taxis in Moscow. Here prices are within ten thousand rubles.

https://www.youtube.com/watch?v=q_P8Bp7K4nM

For legal entities that transport passengers, the cost of the policy is even higher. Using all correction factors, an organization operating in the city must transfer from twelve to thirty thousand rubles, depending on the engine size of the car. At the same time, if the company is registered in a regional center, then compulsory motor liability insurance for a taxi will cost from four to ten thousand rubles.