Instruction for insurers concerning the conclusion of agreements of obligatory civil liability insurance of owners of vehicles
The federal law of April 25, 2002 N 40-FZ "About obligatory civil liability insurance of owners of vehicles" (further - the Law on the CMTPL) establishes the duty of owners of vehicles to insure risk of the civil responsibility which can come owing to damnification of life, to health or property of other persons when using vehicles.
According to points 3 and 4 of article 1 of the Civil code of the Russian Federation (further - the Civil Code of the Russian Federation) at establishment, implementation and protection of the civil rights and at execution of civil duties participants of civil legal relationship shall act honesty. Nobody has the right to draw benefit from the illegal or unfair behavior.
According to provisions of article 426 of the Civil code of the Russian Federation and the paragraph of the eighth of article 1 of the Law on the CMTPL the provisions established for public agreements from what follows are applied to agreements of obligatory civil liability insurance of owners of vehicles (further - the agreement CMTPL) that the insurance company is obliged to render services concerning everyone who will address to it.
According to point 1.5 of Rules of obligatory civil liability insurance of owners of the vehicles approved by provision of Central Bank of the Russian Federation of September 19, 2014 N 431-P (further - Rules of compulsory insurance), the owner of the vehicle for the purpose of the conclusion of the agreement CMTPL has the right to choose any insurer performing compulsory insurance. Thus the insurer has no right to refuse the conclusion of the agreement CMTPL to the owner of the vehicle who filed to it the petition for the conclusion of the agreement CMTPL (Appendix 2 to Rules of compulsory insurance) and submitted documents according to the Law on the CMTPL (the list of documents, necessary for the conclusion of the agreement CMTPL, is established by points 3 and 10 of article 15 of the Law on the CMTPL).
Thus by point 2 of article 16 of the Law of the Russian Federation of February 7, 1992 N 2300-1 "About consumer protection" it is determined that is forbidden to cause acquisition of one goods (works, services) obligatory acquisition of other goods (works, services).
That is for the purpose of the conclusion of the agreement CMTPL the insurer has the right to address to any insurance company performing compulsory insurance which has no right to refuse the conclusion of the agreement CMTPL on condition of submission of all necessary documents by the insurer, and also has no right to impose additional services at the conclusion of the agreement CMTPL, causing their acquisition possibility of implementation of compulsory insurance.
Besides, in case of the conclusion of the agreement of voluntary insurance in addition to the agreement CMTPL, the insurer has the right to refuse the agreement of voluntary insurance within 5 working days from the date of its conclusion and to return the paid insurance premium (according to provisions of the Indication of Bank of Russia of November 20, 2015 N 3854-U "About the minimum (standard) requirements to conditions and the procedure of separate types of voluntary insurance").
At the conclusion of the agreement CMTPL it is necessary to pay attention to correctness of filling of the statement for the conclusion of the agreement CMTPL, including regarding the data influencing the size of the insurance premium under the agreement CMTPL.
According to point 3 of article 15 of the Law on the CMTPL for the conclusion of the agreement CMTPL the insurer submits to the insurer the following documents:
a) statement for the conclusion of the agreement of compulsory insurance;
b) the passport or other identification document (if the insurer is the physical person);
c) the certificate on state registration of legal entity (if the insurer is the legal entity);
d) the document on registration of the vehicle issued by the body performing registration of the vehicle (the passport of the vehicle, the registration certificate of the vehicle, technical data sheet or the technical coupon or similar documents);
e) the car driver license or the copy of the car driver license of the person allowed to driving (if the agreement of compulsory insurance is signed provided that only certain persons are allowed to driving);
e) the diagnostic card containing data on compliance of the vehicle to mandatory requirements of safety of vehicles (except as specified if according to the legislation in the field of technical inspection of vehicles the vehicle is not subject to technical inspection or its carrying out is not required, or the order and frequency of carrying out technical inspection are established by the Government of the Russian Federation, or frequency of carrying out technical inspection of such vehicle makes six months, and also cases, stipulated in Item 3 articles 10 of the Law on the CMTPL).
According to point 4 of article 15 of the Law on the CMTPL by agreement of the parties the insurer has the right to provide copies of the documents necessary for the conclusion of the agreement CMTPL. In the cases provided by rules of compulsory insurance, the specified documents can be submitted in the form of electronic documents. In case of the conclusion of the agreement CMTPL in the form of the electronic document providing by the insurer the documents specified in subparagraphs ""- "e" point 3 of the specified article, is not required. Insurers get access to the data containing in the specified documents by exchange of information electronically with relevant organs and the organizations.
The term of consideration by the insurer of the statement for the conclusion of the agreement CMTPL is not provided by the existing insurance legislation. However the obligation of insurance company to sign the agreement CMTPL in day of the address of the client (in case of carrying out the vehicle by the insurer of survey - no later than 5 days from the date of the address) in the presence of all necessary documents and without acquisition of additional services is provided in rules of professional activity for the insurers of the CMTPL approved by RSA taking into account recommendations of Bank of Russia.
The agreement CMTPL according to point 7.2 of article 15 of the Law on the CMTPL can be also made in the form of the electronic document.
Creation and the direction by the insurer to the insurer of the statement for the conclusion of the agreement CMTPL in the form of the electronic document are performed with use of the official site of the insurer on the information and telecommunication "Internet".
Thus the agreement CMTPL cannot be signed in the form of the electronic document if the information provided by the insurer does not correspond to the data containing in AIS CMTPL.
After payment by the insurer of the insurance premium under the agreement CMTPL the insurer sends to the insurer the insurance policy created with use of AIS CMTPL in the form of the electronic document signed with the strengthened qualified digital signature of the insurer with observance of requirements of the Federal law of April 6, 2011 N 63-FZ "About the digital signature".
On the official site of RSA information on the insurance companies performing the conclusion of agreements CMTPL in the form of electronic documents (http://www contains.autoins.ru/ru/e-Polis/rsa-members_e-Polis_resistration/index.wbp).
Necessary for calculation of the insurance premium for the agreement CMTPL of data on coefficient of insurance rates depending on availability or lack of insurance indemnities at approach of the insured events which happened during action of the previous agreements CMTPL (further - KBM coefficient), contain in the automated information system of compulsory insurance created according to article 30 of the Law on the CMTPL (further - AIS CMTPL) which operator is the professional association of insurers (the Russian Union of Autoinsurers).
Verification of data on coefficient of KBM can be performed on the official site of the Russian Union of Autoinsurers (RUA) on the information and telecommunication "Internet" (http://dkbm-web.autoins.ru/dkbm - web 1.O/kbm.htm). According to information provided on the site of the Russian Union of Autoinsurers in case of disagreement with the value of coefficient of KBM applied by insurance company, it is necessary to file the corresponding petition in insurance company which is obliged to check value of coefficient of KBM in AIS RSA and if the received value of KBM does not match the applied insurer, the insurer applies new value of KBM which will be considered both in the current agreement CMTPL, and in concluded later.
Besides, on the official site of RSA it is possible to check correctness of the added insurance premium under the agreement CMTPL by means of the CMTPL Calculator (http://autoins.ru/ru/osago/calculator/).
That is information on coefficient of KBM and on the insurance premium on the agreement CMTPL to the direct address to the insurer, and also for the purpose of check of correctness of the insurance premium added by the insurer the insurer can receive, using the official site of RSA on the information and telecommunication "Internet".
According to article 15.34.1 of the Code of the Russian Federation about administrative offenses unreasonable refusal of insurance company of the conclusion of public agreements, in particular, agreements CMTPL, or imposing to the insurer or having intention to sign the agreement of compulsory insurance to the person of the additional services which are not caused, in particular, by requirements of the Law on the CMTPL attracts imposing of the administrative penalty on officials in the amount of fifty thousand rubles.
In all cases of evasion of insurers from the conclusion of the agreement CMTPL, imposing of additional services at its conclusion, and also in case of the wrong calculation by insurers of the insurance premium for the agreement CMTPL it is necessary to send the corresponding appeals to the Central Bank of the Russian Federation performing on the basis of point 3 of article 30 of the Law of the Russian Federation of November 27, 1992 N 4015-1 "About the organization of insurance matter in the Russian Federation" insurance supervision, and on the basis of point 6 of article 9 of the Law on the CMTPL - control of correctness of calculation by insurers of insurance premiums for agreements CMTPL, namely to the Service on consumer protection of financial services and minority shareholders of Bank of Russia located at the address: 107016, Moscow, Neglinnaya St., 12, including with appendix of the corresponding confirmatory materials testimonial of signs of violation by the insurer of the legislation of the Russian Federation.