MTPL reform: innovations, meaning, pitfalls. I’m sharing what I learned (1 photo)

The innovations proposed by the Ministry of Finance regarding mandatory regulations at the beginning of the year are expected to come into force in May 2017. It is worth noting that many car owners are against the MTPL reform, since according to the new conditions, a person injured in an accident can only count on restoration repairs at the expense of the insurer, the payment of compensation funds will lose its relevance.

The planned procedure for implementing the reform has caused many disputes regarding the new rules for compensation for damage caused by road accidents. Some motorists even express the opinion that the complete abolition of compulsory motor liability insurance would be more beneficial for vehicle owners than introducing amendments of this kind. Despite this, RSA President I. Yurgens, having familiarized himself with the plan and features of the innovations, noted their effectiveness and relevance.

As representatives of the Ministry of Finance note, a global change in the terms of the policy will become a new stage in the relationship between insurers and policyholders. The nature of these relations is subject to radical change; some amendments require urgent introduction, which will help avoid illegal actions on the part of car fraudsters and aggression from car lawyers. The implementation of the planned changes will be carried out in stages, which will maximize the gradual adaptation and optimization of the reform process.

The first stage involves the introduction of the most urgent reforms that cannot be delayed; the next stage involves the implementation of actions and amendments that can be implemented after a certain time.

Implementation of the first stage of the MTPL reform

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

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

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

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

Benefits for the policyholder

As for the benefit of the policyholder, its existence in this case is very doubtful, since the latter is completely deprived of the opportunity to independently select the most suitable parts, control the repair procedure, as well as the quality of the work. It should be noted that from this side the innovation can hardly be called profitable and effective for the owners of vehicles damaged as a result of a traffic accident.

The head of the Russian Union of Auto Insurers insists that the implementation of the reform process be carried out taking into account the following conditions:

• car owners should be given the right to choose between monetary and in-kind compensation in the event of failure by the insurer to comply with the basic conditions for carrying out restoration repairs;
• the insurance company is obliged to provide the policyholder with a referral for restoration work and options for service centers, which the latter has the right to choose at his own discretion;
• before fulfilling the terms of the contract for damage compensation, it is necessary to conduct an independent examination of the vehicle, on the basis of which the payment of funds or repair work will subsequently be carried out;
• in case of payment in kind, the policyholder is obliged to guarantee the quality of the planned work, as well as the ability to control its implementation.

According to the head of the RSA, the implementation of the above conditions will make the reform procedure painless, and its consequences more beneficial for vehicle owners.

Additional Information! On the major reform of compulsory motor liability insurance, the process began at the beginning of 2017, the second reading, which may well result in the introduction of new amendments taking into account the stated requirements, is scheduled for March 15 of this year.

The main advantages of the OSAGO reform 2017 I. Yurgens include the absence of a requirement to take into account the wear of parts during restoration work. Thus, if previously, when calculating compensation, it was necessary to take into account the depreciation wear and tear of the vehicle and parts damaged as a result of the accident, then according to the draft OSAGO reform, this requirement is not put forward.

In addition to the changes associated with the transition to payment in kind, at the first stage it is planned to double the amount of the insured amount for minor road accidents, which are allowed to be processed without the participation of third parties. The current limit of 50 thousand rubles is planned to be raised to 100 thousand, which, in fact, increases the chances of those involved in an accident who have recorded the fact of an accident in the European protocol to receive full compensation for harm.

The proposal was supported by N. Tyurnikov, who is the head of the Association for the Protection of the Rights of Auto Insurers, as well as representatives of the Central Bank, since, in their opinion, it is simply impossible to carry out high-quality repairs of a vehicle damaged during a collision for 50 thousand rubles.

Features of the second stage of the MTPL reform

The second group of amendments includes items that are planned to be implemented after the implementation of global changes in compulsory motor liability insurance.

Secondary innovations include:

According to the latest version of amendments to the law on motor insurance OSAGO, agreed upon by the Bank of Russia and the Ministry of Finance, the result of consideration of an insured event is considered to be a referral for repairs, they say driving instructors .

Now compensation for damage will take place at the restoration repair station, which is indicated in the application of the injured party. But the choice of service station must be agreed with the insurer.

The Central Bank, in turn, will set requirements for services, namely the timing of repairs, maintaining the warranty obligations of the car manufacturer, and the territorial accessibility of the workshop.

According to the Ministry of Finance, more than 90% of payments to MTPL will be in the form of repairs. Let us remind you that the amendments will be submitted to the State Duma for consideration this fall.

If car owners receive massive complaints about the quality of repairs and delays, the insurer will be deprived of the right to compensation in kind in the event of an insured event. The amendments say that this will happen if the insurance company repeatedly violates its repair obligations during the year. In this case, the insurer will be required to pay compensation in cash for up to one year.

But the division of MTPL insurance policies into three categories depending on the amount of compensation and tariffs was not included in the block of amendments. Although the Ministry of Finance stated that it does not intend to abandon its idea, but will simply postpone it indefinitely.

How is repair carried out under OSAGO?

If the car owner agrees with the insurer’s proposal to receive compensation in the form of car repairs, then the company offers the driver a choice of several workshops. The client chooses the best option, and the insurance company transfers the money to the service station’s account.

At the moment, the car service center is responsible for the quality of repairs and their timing. If you don't like how the repairs were done, just don't sign the acceptance certificate.

As for failure to meet deadlines, you have the right to demand a penalty from the service station.

Wear and tear accounting

When assessing the amount of damage, the insurer's experts will definitely take into account the wear and tear of the car's parts. The difference is that in one case the driver will not receive the amount for wear and tear, and in the other - the service station. The workshop, as a rule, requires the car owner to pay this difference in order to replace the damaged parts with new ones. Another option: the motorist himself will find used parts with a similar degree of wear. But, as you understand, this is practically impossible.

The insurer always has the opportunity to underestimate the loss. The service station makes repairs based on its calculations or those of the insurance company. Wear can play a role in both the first and second cases.

For example, immediately before the accident, the owner of the car replaced some parts with new ones, but wear on them will still be calculated based on the age of the car. By the way, always keep receipts and statements for work on replacing old spare parts, so that if necessary, you can confirm that you are right. In addition, during the assessment, specialists may incorrectly determine when exactly the damage was received: before the accident or as a result of it.

In simple words, different experts, using the same methodology, can calculate different amounts. If the loss estimate is low, you will have to seek justice in court.

Video about the consequences of the MTPL reform:

Don't get into an accident and good luck!

The article uses an image from the site autond.ru

What is this song about

In theory, the principle of MTPL is simple: if you only crash your car, you can throw it in a landfill, or repair it at your own expense, it’s your business. According to the laws of the Russian Federation, insurance for your own car is optional (although when buying on credit, the bank will require it). But the threat you pose to other road users is required by law to be insured. The fate of the pedestrian you hit or the owner of the car you crashed into should not depend on how rich or poor you are, whether you survived the accident, or how far your home is from here. Regardless of the answer to all these questions, the victim of your actions on the road must be insured in advance, and at your expense, since you are the source of the threat.

This is the theory, and it is the same for all countries where compulsory motor liability insurance operates. It gets worse with practice. The fact is that compulsory insurance was first introduced in America more than 90 years ago, and in Western Europe by the end of the 1940s it had already become ubiquitous. Naturally, over the years, 100,500 different situations have arisen, taking into account which the procedures and rules were updated. Today's legislation on this issue in developed countries is the product of half a century of grinding in and shaking out.

How it works in Russia

In Russia, the law obliging car owners to insure themselves first came into force in July 2003. Since then it has been continuously revised in all its key provisions. For example, to the simple question “Who should set the MTPL tariffs?” Over the past 13.5 years, the legislator has managed to give four different answers - perhaps they were all wrong, but today this responsibility has been assigned to the Central Bank. For more complex questions, the law often has no answer at all, or it allows for multiple interpretations. Therefore, Russian courts, from the first instance to the Constitutional Court and the Plenum of the Supreme Court, are constantly inundated with claims regarding compulsory motor liability insurance. In 2012 alone, their number in Russia exceeded 311,000. Although, under normally written laws, no court would be required to pay the insurance. As a general rule, it is not required to repair a car under commercial insurance.

Even a whole layer of “automotive lawyers” has emerged - people who buy the right to bring claims under compulsory motor liability insurance from victims of road accidents (beneficiaries). That is, they pay the owner of the damaged car in cash an amount for which he can get it repaired tomorrow (or, say, drink it away, that’s his business), and they themselves go to court to prove that it’s not the bumper that needs to be replaced, but the body , radiator and engine. In accordance with the decision of the Plenum of the Supreme Court dated January 29, 2015, in the event of even partial recognition of the claims by the court, the “car lawyer” should be awarded not only the cost of repairs, but also 1% of this amount for each day of delay in payments, and 50% of the consumer fine for unreasonable refusal, and - on top - compensation for moral damage. That is, the total amount of payment that the court can award for such a claim is not even limited by the ceiling of the insurer’s liability established by the Central Bank. After all, the court is not obliged to take it into account when calculating penalties.

Profitability problems

This, of course, raises an interesting question about the economics of this entire business. Because on the side of payers - that is, on our side - registration of compulsory motor liability insurance is obligatory, like a transport tax. And for insurance companies, the laws of the market apply here. That is, no Russian insurer is obliged to sell MTPL policies. Anyone has the right to enter this market: join an SRO called the Russian Union of Auto Insurers (RUA), obtain a license, and start selling insurance. But if the market is regulated in such a way that the business turns out to be unprofitable, anyone can exit in the same way as they entered. Moreover, today there are much more exited players than active ones: the list of active members of the RSA includes 70 legal entities, the MTPL license of 110 companies has been revoked, and 149 insurers that were previously members of the union have left or been expelled from the union...

At the end of 2016, 16 insurance companies involved in compulsory motor liability insurance had payments for insured events exceeding revenue. In particular, the largest player in this market, Rosgosstrakh, sold MTPL policies for 54.67 billion rubles and paid out 68.85 billion rubles to the insured. In total, I suffered 14.18 billion rubles in losses on one product in one year. Moreover, these figures take into account only payments under the insurance contract, and do not take into account any penalties and fines imposed by the courts - where the beneficiaries were “car lawyers”. Of the 16 insurers that found themselves in the red under compulsory motor liability insurance, 14 are no longer selling the service this year. Rosgosstrakh, however, remained and hopes for reforms.

In addition to the complete withdrawal of companies from this market, they may also refuse to serve certain constituent entities of the federation, which are called “toxic” in insurance business slang. Today these are Rostov-on-Don, Krasnodar Territory, Volgograd, Chelyabinsk, Murmansk - regions where payments under compulsory motor liability insurance last year amounted to about 170% of insurers’ revenue, and in some regions they reached 300% - thanks to the success of “auto lawyers” in local courts.

How to turn a bad deal into a profitable one

If this insurance were a purely commercial product, there would be two options: either they will stop selling it (as 14 out of 16 companies did at the end of 2016), or prices will not increase. But the MTPL policy cannot disappear: it is forbidden to drive a car without it. But prices cannot rise because they are regulated by the Central Bank. Where the law of the state enters into an insoluble contradiction with the laws of the market, all sorts of schemes begin, ranging from simply illegal to completely criminal.

The criminal scheme is based on the obvious idea that the cost of one MTPL policy is the price of a sheet of paper, a pinch of toner and printer depreciation. And when issuing a policy electronically (which has been legislated everywhere since January 1 of this year), these expenses are not necessary. Losses occur only after payments for insured events begin. If you don’t get to this interesting moment, but run away with the proceeds in time, then the business will be more profitable than any drug. Where Rosgosstrakh, grunting, writes down 14 billion at a loss, the son of a Turkish citizen will boldly register the insurance company “Horns and Hooves” in the name of the Zits-chairman of the Pound, receive a license, sell as many OSAGO policies as he can - and leave with the money on the ice in the direction of the Romanian border... Food for thought: since July 2004, the supervisory authorities (FSSN, FSFM, Ministry of Finance, Central Bank) have revoked 1293 licenses from Russian insurance companies. At the beginning of 2014, there were about 600 insurers with valid licenses in the country, today there are only 250 left. Some went bankrupt, some were not liked by the regulator, and some went to Romania on ice... For the clients of all these 1293 insurers whose licenses turned out to be recalled, the reasons for the recall are not as important as the result, but it is the same: when an insured event occurs, there is no one to pay.

The illegal scheme is the lot of those very “reputable” insurance companies who cannot just run away on the ice with money. When it is not profitable for them to sell an MTPL policy (for example, in a “toxic” region), then they do not sell it. Or rather, they sell - but only to those who buy commercial insurance from them. According to statistics, MTPL clients account for up to 95% of imposed insurance services.

Insurers want to pay in kind

The main reform, designed to put an end to the entire business of “car lawyers” in buying up claims, is the transition to a natural form of settlements between insurers and victims. That is, instead of cash payments, insurance companies want to carry out repair work. Of course, not with our own strength, but with the hands of subcontractors. Select authorized service stations in different regions, adjust their price, and pay the beneficiary in kind in the form of a repaired car on the move. Thus, knocking both the ground and the stool out from under the feet of the “traffic lawyers”. Because “auto lawyers” do not need the repaired cars of their clients at all. They need the difference between the actual repair estimate and what they can sue in real money for their pocket.

The reform project was not invented yesterday; it took a long time to agree between the RSA and the Ministry of Finance; there is a large article in Vedomosti about the level of subjectivity of these buttings. We agreed, in particular, that all work performed by a service station authorized by the insurer is guaranteed for 6 months, and for bodywork - for a year. The insurers also agreed to “take over the wear and tear”, i.e. replace a damaged five-year-old part not with a serviceable five-year-old part, but with a new one.

On December 14, the bill was approved in the first reading, and then in the relevant committee its text began to acquire new amendments and amendments to amendments, due to which further approval stalled, because deputies from different factions had a lot of fresh proposals for reforming the industry. At this moment, the relevant committee is considering 5 different packages with corrections and additions to Law No. 40-FZ “On compulsory insurance of civil liability of vehicle owners” (dated May 7, 2002).

Legislators who are not indifferent to the issue have been throwing out a ton of priceless ideas since December, from populist to spring. One of the populist ones is that the choice of a service station for repairs must in any case remain with the victim, no matter who the insurer negotiates with in a given region. If a person wants to get repairs done, say, at the official Merc dealer in Zhukovka, that’s his right. If the car is new, before the warranty period and/or mileage has expired, then it can only be serviced by the official service center of the brand, even if there is no such service within a radius of 200 km from the accident site. Also, during the period of repair of the car, the insurance company must cover the current transportation costs of the owner. And if the repair period exceeds 30 days, then from the 31st day the insurer is obliged to pay the beneficiary 0.5% of the compensation amount per day.

Of the spring amendments, the one that says that repairs can only be done in the region whose code appears on the license plates is especially interesting. Insurers are shocked by this proposal, because evacuation is their expense. They want to repair a car with Irkutsk license plates that has been damaged in the resorts of the Krasnodar Territory in Sochi garages, and not drive it to Irkutsk. The bill, which was agreed upon between the RSA and the Ministry of Finance, refers to the nearest service station to the scene of the accident, and not to the registration of the vehicle.

The deadline for the amendments to enter into legal force was supposed to be the first day of spring (the amendments were given until January 14 - a month after the first reading). But given the current abundance of mutually incompatible proposals, it is hard to believe that they will come to an agreement quickly. Either they will butt heads until the summer, or someone in the relevant committee will knock their boot on the table and bring up for second reading a package that will then have to be corrected and refined for another 15 years.

And just as you and I didn’t know that we were buying under the guise of an MTPL policy, we will continue to not know... I apologize that it was so long.

Changes to OSAGO 2017 were signed by the President and came into force on April 28, 2017. The new rules apply to all MTPL policies concluded between insurers and car owners after 04/28/2017.

This is the most discussed news among motorists. The essence of the main amendments can be formulated in three words – repairs instead of payments.

In addition to insurance companies and drivers, innovations affect the interests of the auto business and are assessed ambiguously by representatives of different segments of the population. What awaits drivers and what they need to be prepared for, we will tell you in this article.

In this article:

What changes are there in the MTPL law?

The amendments to OSAGO are global in nature, the main content of which is to limit the right of the owner of a passenger car after 04/28/2017 to receive money for its repairs in the event of an accident.

Now money for repairs can only be received in extreme cases, if:

1. The car cannot be restored.
2. To repair a car, an amount exceeding the insured amount of 400 thousand rubles is required.
3. Damage was caused to a property not related to the car.
4. Insurance was obtained within the framework of international insurance systems.
5. The insurance company cannot fulfill its obligations to repair the damaged vehicle in any way other than paying monetary compensation.
6. The accident was registered legally without the participation of police officers (for damages up to 100 thousand rubles), but the car repairs exceed this amount and the victim does not agree to pay extra money.
7. The car belongs to a disabled person of the first or second group, who in the application asks to pay money for repairs.

In general, the adopted standards are aimed at combating the existing mechanism of taking money from insurance companies.

The essence of the mechanism is that legally trained specialists acted as a kind of “collectors” in relation to insurance companies.

They bought the right to compensation for damages from the participants in the accident at a low price and, by filing fraudulent claims through the courts, sought to pay them the maximum possible sums of money.

This practice caused enormous damage to the entire insurance market.

The adopted amendments affect the interests of not only insurance companies. Innovations under compulsory motor liability insurance directly affect all car owners without exception, including those who have not been and do not plan to get into an accident.

There are 11 amendments in total, nine of them relate to insurance cases in the event of an accident, and two relate to the purchase of a compulsory motor liability insurance policy. Let's look at them briefly.

Change to OSAGO No. 1. Selection of service station

Previously, to repair a damaged car, the insurance company itself provided a repair station with which a repair contract was concluded. The client had practically no right to choose the place of repair.

Since 2017, the owner of an MTPL policy has been legally enshrined in the ability to choose a car repair point. However, you should not rejoice prematurely.

The selected item will become available only after written approval from the insurance company about the possibility of its use. And she may not agree with the option proposed by the client.

In this case, all that remains is to agree to the repair clause offered by the insurer. Why? Because according to the law, it is impossible to receive money, and there are no other options, since they are not prescribed by law.

Amendment to OSAGO No. 2. Penalty for failure to meet vehicle deadlines

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

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

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

Amendment to OSAGO No. 3. Amount of compensation for towing a car

Now the amount of money for delivering the car from the accident site to the repair or storage point is paid by the insurer according to the documents submitted by the client confirming the transportation costs.

That is, if you paid for the delivery of the car, you can count on payment of compensation. No receipt means no expenses and no money can be received.

The new rules set a maximum delivery limit of 50 km. No more. If a repair station you know is located at a distance of 51 km from the point of accident or storage of the car, then formally the insurer has the right to disagree with such transportation.

If the client insists on this option, then the organization of delivery of the car and its payment rests with him. That is, for your money, always, please.

Change to OSAGO No. 4. Direct settlement in case of an accident with several participants

Direct settlement of losses is when, after an accident, the victim applies only to the company that sold him the policy (his company). Before the adoption of the innovations, there was a strict condition: only two cars were damaged in the accident.

The new amendments extend the rules for contacting your own company only in cases of mass accidents (three cars or more). According to legislators, the proposed rules are aimed at simplifying the rules for processing accident losses and car repairs.

However, not the entire expert community shares this opinion. To organize the restoration of the injured client’s car, his insurer must obtain agreement from the insurance company of the person responsible for the accident regarding the monetary amount of the upcoming repair.

And if there are 2, 3 or more culprits, how long will it take? The law is still silent about this.

Amendment to OSAGO No. 5. Increase in payments under the Europrotocol

New amendments to OSAGO increase the maximum amount of damage to 100 thousand rubles due to an accident registered without the participation of traffic police officers (according to the European Protocol). This norm will apply throughout the country.

Previously, the maximum amount of such an amount was 50 thousand rubles, and for Moscow, the Moscow region, St. Petersburg and the Leningrad region - up to 400 thousand rubles. subject to certain conditions (availability of photos and videos of damage, agreement to admit the guilt of one of the participants in the accident, etc.).

There is hardly any reason to be upset about the reduction in the maximum amount of damages for an accident filed by drivers themselves.

It is important to remember that in the event of an error in assessing the damage, when actual repairs require an amount of more than 100 thousand rubles, the author of the road accident will have to pay extra in excess of the amount.

Amendment to OSAGO No. 6. Full compensation for damage from the culprit of the accident

The maximum amount of payments under compulsory motor liability insurance is up to 400 thousand rubles. for a car and other property and up to 500 thousand rubles. for life and health insurance.

The innovations established by the adopted law do not resolve the issue of full compensation for damage from the culprit of the accident if the insured amount is not enough to restore the damaged car.

Previously, the reason for the lack of funds for repairs was the high price of new spare parts. Since 2017, the insurance company has no right to take into account the depreciation of car components that are subject to replacement.

However, the increase in the exchange rate of the dollar and euro against the ruble leads to a constant increase in prices for spare parts supplied from abroad, which means that there may be cases of insufficiency of the insured amount for a full repair. So far, the law does not provide for such a case.

It should be especially noted that the issue of full compensation for damage is very relevant for the Europrotocol (damage up to 100 thousand rubles).

A protocol was drawn up without the participation of traffic police officers, accepted by the insurer, and vehicle repairs began. During the work, it was discovered that to fully restore the car, an amount exceeding the maximum amount of money established for the Euro Protocol is required.

In this case, the new law places the obligation to make additional payments in the difference on the injured party. The logic is this: you drew up the protocol yourself, pay extra yourself, that is, bear responsibility for your independent decision. Whether this is correct or not, law enforcement practice will show.

Amendment to OSAGO No. 7. Grounds for regressive claim

A claim is a formal claim by an insurance company against the person or persons responsible for the accident, filed in court in order to receive the full insurance amount spent by the insurer on repairing the car.

According to the new legislative amendments, the following circumstances serve as grounds for filing a regressive claim:

1. The state of intoxication (alcohol, drugs, etc.) of the perpetrator at the time of the accident, confirmed by an examination.
2. Refusal of the culprit of the car accident to undergo a medical examination for intoxication.
3. Consumption of alcoholic beverages, as well as narcotic or psychotropic substances, in violation of the requirements of the Traffic Rules after a car accident.
4. Causing harm by using a passenger car with a trailer in violation of the terms of the MTPL policy (the policy does not contain a record of the possibility of driving a car with a trailer attached to it).

It is important to remember some features of filing a recourse claim that are useful in practice.

The new law does not allow the insurer to make regressive claims against the following participants in the accident:

1. A pedestrian injured during a traffic accident by injury or injury or death involving the insured vehicle.
2. Relatives and heirs of a pedestrian for whom a car accident was fatal.

Thus, if insurers file a claim in court against these categories of citizens, such a claim will be rejected.

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

Since 2017, the use of electronic policies has been permitted. However, this convenience in practice has brought a lot of worries for drivers, consisting in the inability of traffic police inspectors to fulfill their functional responsibilities of checking the availability of the policy, its reliability and authenticity.

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

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

In April 2017, a new version of the job regulations of traffic police officers came into force, in which:

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

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

Adviсe:

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

Change in compulsory motor liability insurance No. 9. Bonus-malus coefficient without compulsory motor liability insurance policy

The “bonus-malus” coefficient (hereinafter referred to as BMC) is a discount to the driver for careful driving without an accident, reducing the cost of the policy. This coefficient can either reduce or increase the cost of purchasing compulsory motor insurance. KBM determines the driver's class at the beginning of the policy purchase.

Since 2017, the policy has been detached from the car and linked to the driver’s accident-free driving. Now each driver, and not the car, is determined by its BCM, which changes during emergency driving. 14 individual CBM classes are used.

The main thing is that linking the policy to the driver will ensure an increase in the cost of the OSAGO policy in the absence of restrictions on drivers allowed to drive a car.

It is important to know:

1. Now the insurer does not have the right to independently calculate the BMR. RSA is obliged to develop and implement an electronic automated system that provides real-time calculation of the MSC for each driver. When a driver purchases a policy, data on its calculated coefficient will be automatically transferred to the insurance company issuing the MTPL policy. The introduced procedure, according to experts and legislators, is aimed at eliminating abuses by insurance companies when calculating the price of the policy being sold.
2. Currently, any driver can find out his coefficient on the RSA website using data from a current policy or a policy that expired no more than a year ago. When applying for a policy, you have the right to request that an employee of the insurance company check your individual KBM against the RSA database and use it when calculating the cost of compulsory motor liability insurance.

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

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

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

Change to OSAGO No. 11. Who is not entitled to receive payment for an accident

New amendments to the law on compulsory motor liability insurance do not allow the representative of the injured driver to receive payments for him to compensate for the damage incurred in a car accident. Now the point of car collectors buying back from owners of damaged cars their right to compensation for damage is lost (the money will still not be paid on completely legal grounds).

Conclusion or what 2017 has in store for us

Despite the implementation of MTPL reforms, a large number of issues remain unclear. Therefore, it cannot be ruled out that after the implementation of the MTPL innovations, additional reforms will be required.

In the meantime, you should pay attention to the following innovations in OSAGO.

Repair deadlines for compulsory motor third party liability insurance

The new law has changed the deadline for providing a car for re-examination. This rule stipulates that if the car is not presented for an initial independent examination, the driver is obliged to deliver the car for a second examination within 7 working days (previously it was 20 days).

Responsibility for violation of the repair period for a damaged car and its quality is assigned not to the repair organization carrying out the “treatment” of your “iron horse”, but to the insurance company that issued a repair order.

The MTPL law with the latest amendments in 2017 has many ambiguities, as well as positive and negative aspects. But what more will happen, time will tell when all the provisions of the new law are put into practice.

And to the rhetorical question “What to do?” There are still simple answers:

1. Know the traffic rules thoroughly, for example, remember that before making a maneuver, you must turn on the turn signal.
2. You should only drive a car in compliance with all traffic rules without exception, and not make or get into accidents.
3. Remember the proverb “the slower you go, the further you will go.” At the same time, “you will go further” not from the place you are going to, but from the hospital, prison or graveyard (ugh, ugh).

Good luck driving and God bless you on all your trips.

Which will come into force in 2017, has already created a lot of heated discussions and debates. Insurers' hair stands on end when they think about the number of settlements in case of an insured event, and motorists confidently declare that with such innovations it is more profitable to abolish compulsory motor liability insurance altogether. However, first things first.

The Ministry of Finance has prepared its MTPL reform, which will globally change the relationship between insurance companies and car owners, which was agreed upon with the Central Bank at the end of September. Igor Yurgens, President of the Russian Union of Auto Insurers, has already managed to get acquainted with the innovations and note their effectiveness. The head of the RSA is concerned that the State Duma may delay its consideration of the global plan.

“There are a number of amendments to compulsory motor liability insurance that need to be introduced urgently, otherwise the influx of insurance fraudsters and the aggression of “car lawyers” cannot be avoided. It is also urgently necessary to regulate the system for issuing insurance policies in the regions and have time to launch a system for the electronic sale of policies by January 1, 2017, which is required by law,” said Igor Yurgens.

To help optimize the reform process, a gradual introduction of the bill was proposed. Conventionally, this will happen in 2 stages. The first group of amendments are reforms that need to be implemented as quickly as possible. Work on the next group of amendments can be continued at a more relaxed pace.

First stage

The 2017 OSAGO reform, which is part of an urgent package of amendments, intends to place emphasis on the implementation of “in-kind” payments. The approval of these innovations will make it possible to receive compensation in the form of car repairs, rather than in cash, as was previously the case.

Insurance companies will have the right to choose the option of compensating the car owner for losses in the event of an insured event. According to forecasts from the Ministry of Finance, after 2017, more than 90% of payments will be made through the system of “in-kind” compensation.

• The result of the amendment will be perceived differently from the point of view of insurers and car owners: If the amendments are approved, the benefits for insurers will be undeniable: they will receive protection from unscrupulous auto lawyers and dubious fraud in the payment of funds.
• Car owners. For the car owner, the benefit remains vague - the insurance company has the right to decide for itself how compensation will occur. Vice-President of the Russian Motorists Movement Leonid Olshansky notes that this is unfair, because in the event of compensation through restoration repairs, the motorist will not be able to independently select spare parts and control the process of repairing the vehicle.

However, the president of the RSA insists that owners must have a choice between monetary and “in-kind” compensation.

A cash payment will be possible if the insurance company does not meet the necessary basic conditions to provide compensation for repairs. For example, the insurer must issue a referral for repairs and provide a choice of several service centers. In addition, it is necessary to carry out an examination of the damage to the vehicle, as well as provide the motorist with a guarantee for the work performed.

Igor Yurgens considers the advantage of payment in kind in the MTPL reform to be the return without taking into account wear and tear of parts, due to which it will be more complete. According to the law, cash payments are made minus the wear and tear factor of spare parts.

Important! It is impossible to completely cancel monetary compensation - there are situations when the cost of car repairs exceeds the insurance limit. In this case, funds are paid.

At the second step of the first stage of amendments, it will be proposed to double the limit of payments for small accidents processed without the participation of the police. The current limit is 50,000 rubles. The maximum payment under the European protocol is planned to be raised to 100,000 rubles. This idea was immediately supported by the Central Bank and the President of the Association for the Protection of Insurers' Rights Nikolai Tyurnikov, who claims that the amount of 50,000 is too small to carry out high-quality repairs after an accident.

Second phase

• The second group includes amendments, the introduction of which was decided to be postponed so that the project could be successfully approved by the State Duma. These include: The Russian Insurance Association does not support the implementation of this amendment. Currently, the calculation of insurance payments is based on mathematical calculations, which include a social aspect. There is a discount for small engine power - for cars with power up to 50 hp. With. the coefficient is 0.6. For owners of cars with power above 150 hp. the coefficient is 1.6. The abolition of the coefficient will lead not only to a reduction in the cost of the policy for powerful cars, but also to an increase in the cost of it for cars with low power.
• Coefficient for systematic violation of traffic rules. The Ministry of Internal Affairs stubbornly insists on introducing this innovation. According to statistics from insurance companies, neglect of traffic rules really affects the amount of payment. If a driver commits 5 to 9 serious offenses in a year, the cost of the policy will increase by more than 80%. For persistent violators, the price can triple.

Important! The latest news related to the MTPL reform clarifies that sanctions will be relaxed for insurers who violate their obligations to pay compensation. The Ministry of Finance gives them more freedom to calculate the cost of compulsory motor liability insurance, which will include the individual characteristics and driving experience of the car owner.

Selecting a policy category

It is expected that in 2017 the global MTPL reform will be supplemented with a final block of amendments. He means division of insurance policies into 3 categories:

1. "Economy". An option that involves a payment limit of 400,000 rubles. for causing damage to property and 500,000 rubles. for harm to health.
2. "Standard", the payment limit for which will be 1 million rubles for each category of payments.
3. "Premium", guaranteeing payments of up to 2 million rubles for each risk.

The head of the auto insurance methodology department of SOGAZ JSC, Yuri Gortsakalyan, believes that the level division of policies is irrelevant.

After the final version of the draft MTPL reform was published, both sides were puzzled - both insurers and motorists. However, the Ministry of Finance, on whose initiative this project was introduced, claims that the implementation of the federal law will improve the quality of insurance services provided and improve the insurance culture. The risk of crimes committed by auto lawyers will be reduced, and therefore the level of confidence of motorists in the insurance market of the Russian Federation will increase.