среда, 1 февраля 2012 г.

Compulsory insurance of civil liability of vehicle owners

Compulsory insurance of civil liability of vehicle owners (dec CTP - compulsory third party liability insurance) - insurance liability, which appeared in Russia from July 1, 2003 with the entry into force of the Federal Law № 40-FZ of April 25, 2002 "On compulsory insurance civil liability of vehicle owners. " CTP was introduced as a social measure aimed at the creation of certain financial guarantees in respect of compensation between the parties concerning automobile accidents. The idea of ​​this type of insurance is not new: it operates in many countries - such as "green card" in Europe and elsewhere. Characteristics of "avtograzhdanki" in Russia are establishing state insurance regulations and state regulation of tariffs.
The object of CTP's property interests associated with the risk of civil liability of the owner of the vehicle on obligations arising from injury to life, health or property of the victims using a motor vehicle in the Russian Federation. By the insurance risk on CTP is an offensive liability in an accident.Content
 
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Subjects of a CTP
    
2 Rates
    
3 Finance
    
4 Ways to organize payments
    
5 Compensation
    
6 Dimensions of payments
    
7 Social tensions caused by the introduction of CTP
    
8 Abuse CTP
    
9 See also
    
10 Comments
    
11 Links
[Edit] Subjects of CTP

    
Insurers - insurance companies, who are entitled to compulsory insurance of civil liability of vehicle owners in accordance with a permit (license) issued by a federal executive body for the supervision of insurance activities in accordance with the laws of the Russian Federation. May 2008 of the insurers in Russia, 173, all of them are insurance companies.
    
Insured - the person who concluded a contract with the insurer of compulsory insurance. Since control over the availability of insurance and it provides a reality at many stages of motor vehicles, insurance coverage of the field is close to 100%. Exceptions may be persons who failed to renew the contract of insurance and offenders, fake insurance policies.
    
Beneficiaries - third parties who have suffered damage in an automobile accident.
    
Insurance intermediaries - agents and brokers.
    
Professional association of insurers - the Russian Union of Motor Insurers (RAMI), accumulating reserves guarantee funds and the current compensation and performing compensation.
State regulation of CTP by the Government of Russia and the Russian Ministry of Finance, supervisory and control functions - FSIS, and from March 4, 2011. Federal Financial Markets Service. PCA acts as a self-regulatory organization of insurers CTP. PCA also declared the function to protect the rights of policyholders, whose execution is often satisfactory.[Edit] Tariffs
Insurance rates for the CTP by the Russian Government. They were first established by Government of the Russian Federation dated May 7, 2003 N 264. Subsequently corrected them several times, but the absolute value of the base insurance rate for most vehicles remained unchanged. In March 2009, have been modified multiplying factors [1], which led to an increase in tariffs for a number of car owners.
In calculating the insurance rate on the base rate multiplier coefficients. The insurance premium made dependent on the power of a car engine, place of registration, age and driving experience. Multiplying factors established for drivers under the age of 22 years, or with experience of driving up to 3 years, increase the insurance premium of up to 70%.
The whole set of coefficients does not always apply. Thus, in the case of traveling to the place of registration and for temporary use in the Russian vehicles registered abroad and used a reduced set of coefficients.[Edit] Finance
Gross premium for CTP is divided into the following parts:

    
net premium (77%),
    
Provision for warranties (2%)
    
Provision for compensation (1%)
    
costs of insurance (20%), which includes agent's commission.
CTP is an important type of insurance. On it in 2006, gathered 10% of all premiums (except for the compulsory health insurance and social insurance), and in 2005 - 11% in 2010 - 16%. In areas where insurance business is developed enough, the proportion of CTP significantly higher than the average values ​​(for example, in the Magadan region in 2006 is 35%).
In the reserves of the Russian Union of Motor Insurers on January 1, 2006 was 3632 million rubles, and on January 1, 2007 was 5343 million rubles.Figure, according to the PCA in 2003 (July-December) 2004 2005 2006Premiums, million rubles. 25 343 49 399 54 085 63 873Payments million rubles. 1192 18 521 26 408 31 703Loss ratio 4.7% 37.5% 48.8% 49.6%The average premium now. 1953 1882 1882 2048The average payout now. 20 806 20 792 23 153 22 406The number of declared cases of insurance, th 95 1025 1205 1483The number of insurance claims are settled (paid) 57 891 1141 thousand in 1415The share of settled cases in the claimed 60% 87% 95% 95%
Loss ratio (ratio of losses paid to premiums collected) on CTP according to FSIS ranged from 50 to 75% (these figures do not take into account compensation PCA, with their view of the disbursement ratio reached 90%) [2]. The dramatic decline in this index occurred in 2011 after the new insurance limits vvedniya and tariffs.[Edit] Methods of payment organization
Initially, the law on compulsory motor TPL provided only one way of organizing the payments: the aggrieved party has appealed to the insurer of the person who caused the harm. Such an organization can be paid because insurers CTP should have their own offices or representatives in all regions of the country.
However, under amendments to the law on compulsory motor TPL dated December 1, 2007, from March 1, 2009 will start to operate direct damages. This organization benefits, the insured victim to apply for payments to your insurer. It will be possible if the damage caused to property and only if both parties are insured for accident CTP.
June 11, 2008 the State Duma adopted the law "On Amendments to Art. 3 of the Federal Law" On Amending the Federal Law "On obligatory insurance of civil liability of vehicle owners'" and Art. 2 Federal Law "On Amendments and Additions Russian Federation "On Insurance of the Russian Federation '", and Repeal of Certain Legislative Acts of the Russian Federation, "in which a direct compensation deferred to March 2009
In October 2009, the Presidium of the Russian Union of Insurers adopted a new version of the "Agreement on the direct damages," according to which the November 1, 2009 generally direct damages shall apply to all liability insurance policy tool, whenever they were issued (prior to this rule applied only to against policies purchased after March 1, 2009). However, the rule does not apply to accidents occurring before March 1, 2009 [3].
Even at the stage of discussing the possibility of direct damages problems were identified such an organization of payments:

    
tax payments by the insurer of the victim and the recognition of their insurance,
    
organization of settlements between insurers with their small numbers.
[Edit] Compensation
Compensation payments on account shall PCA compensation for harm caused to life or health of the victim, is carried out in cases where payment of CTP can not be realized due to:

    
revocation of a license application to the insurer bankruptcy proceedings;
    
unknown person responsible for the harm caused to the victim;
    
CTP in the absence of the contract caused harm people because of their failure to duties on insurance;
Also, if the injury was not caused by
Well as compensation for harm caused to the property of the victim - as a result of revocation of a license application to the insurer bankruptcy.
The maximum amount of compensation is the same as the sum insured for CTP. They decrease the amount of partial compensation for the harm produced by the insurer and responsible for the injury.
At the same time for compensation as a result of revocation of a license application to the insurer bankruptcy proceedings are made from the reserve guarantees, and others - reserve of current compensation.[Edit] Pay out
According to the law on compulsory motor TPL insurance, the insured amount, in which the insurer upon the occurrence of each insured event shall compensate the injury victim is:

    
in terms of compensation for harm caused to life or health of each victim, not more than 160 thousand (prior to the introduction of the Federal Law № 306-FZ of 01.12.2007, this value was limited to 240 thousand rubles for a number of victims);
    
in terms of compensation for harm caused to the property a number of victims, not more than 160 thousand rubles;
    
in terms of compensation for harm caused to the property of a victim, not exceeding 120 thousand rubles.
The amount of the insurance payment for damage to life of the victim is:

    
135 000 rubles - the persons entitled to compensation in case of death of the victim (survivor);
    
no more than 25 thousand rubles for reimbursement of burial - persons who have suffered these costs.
In other cases, the insurance payment is calculated as in other types of insurance?[Edit] Social tensions caused by the introduction of CTPQuestion book-4.svgThis section is missing references to information sources.Information must be verifiable, otherwise it can be questioned and removed.You can edit this article by adding references to authoritative sources.This mark is for the article in May 12, 2011

Bound by this type of insurance has caused a lot of contradictions in the society. The most striking information events, attracting attention to the disagreement with the law, was the case on the constitutionality of the Federal Law "On obligatory insurance of civil liability of vehicle owners" in connection with the needs of the State Assembly - El Kurultai of the Altai Republic, Volgograd Regional Duma, a group of State Duma deputies Russian Federation and the citizen complaint SN Shevtsov [4]. The main arguments of the applicants was an impermissible restriction of freedom of property and contract, and that the "fee for compulsory insurance ... has all the features of the tax, does not consider the cost of living in the Russian Federation, and is therefore a disproportionate financial encumbrance for most people - the owners of vehicles." Russian Constitutional Court declared the law is not unconstitutional as a whole, however, was a dissenting opinion against this ruling.
CTP is a firm opponent of the well-known defender of the rights of motorists Leonid Olshansky.[Edit] Abuses in CTP

    
We often see this picture. Managers caught stealing; drawn bought a new company or some kind of weak, well-established pattern of fraud threw back, and then was caught stealing again. And in fact do nothing is impossible, because the laws do not allow. There is one cheat in Moscow, who several times went through this surgery. But he is still in court submits that it insulted in the media. Now it has a cover in the power structures, so it is up and running so easily. And would have been enacted to increase the responsibility of management and shareholders, that person would not allow either to the management company, nor to participate in the shareholders. And I personally think these crooks should not work in the insurance market. Because, in addition to direct harm they cause damage to the image of the market as a whole.

        
[[1]] about Dmitry Makarov, Senior Vice President, Deputy General Director of "Rosgosstrakh"
[Edit] See also

    
Abandonment
    
The green card (insurance)
    
Hull
[Edit] Notes
↑ Show compactly

    
↑ Russian Federation Government Resolution of March 10, 2009 N 225, Moscow "On Amendments to the insurance tariffs for mandatory insurance of civil liability of vehicle owners, their structure and order of the insurers in determining insurance premiums"
    
↑ CTP - charges and fees by quarter
    
↑ C rule change in November CTP
    
↑ The Conquest of the policy, Kommersant
[Edit] See also

    
The Federal Law "On obligatory insurance of civil liability of vehicle owners'
    
Resolution of May 31, 2005, № 6-P of the Constitutional Court of the Russian Federation on the case on the constitutionality of the Federal Law "On obligatory insurance of civil liability of vehicle owners" in connection with the requests of the State Assembly - El Kurultai of the Altai Republic, Volgograd Regional Duma, deputies of the State Duma and the citizen complaint SN Shevtsov
    
"On Amendments to Article 3 of the Federal Law" On Amending the Federal Law "On obligatory insurance of civil liability of vehicle owners," and Article 2 of the Federal Law "On Amendments and Additions to the Federal Law" On Insurance of the Russian Federation " and Repeal of Certain Legislative Acts of the Russian Federation "

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