Recently, news feeds are full of reports of major incidents involving different types of vehicles carrying passengers. The number of victims in the hundreds. The loss of a family member is irreparable. Physical suffering is also far from always possible to compensate for with money. But since the entry into force on January 1, 2013 of federal law No. 67-ФЗ “On compulsory insurance of civil liability of the carrier …” (OSGOP), passengers or their heirs who suffered during transportation can receive compensation in a fairly short time and regardless of the solvency of the carrier. These are important factors, since the carriers are often organizations with an authorized capital of 10 thousand rubles, which may be difficult to recover compensation from tens of millions of rubles.
The obligation to enter into a compulsory civil liability insurance contract for a carrier extends to all carriers regardless of the type of vehicle, with the exception of passenger taxis and subways. At the same time, the law imposes on the subway the obligation to compensate for damage, similar to that imposed on insurers. The presence of a valid compulsory insurance contract with the carrier is controlled by Rostransnadzor. The absence of a policy entails substantial administrative fines (both on an official and on an organization) and the recovery of an unpaid insurance premium in favor of the state, without removing the liability from the carrier in the amount established by law. Given the fact that the National Union of Liability Insurers of Liability (NSSO) maintains a database of all concluded agreements, the absence of a contract is simple enough to verify. However, according to the latest reports of the NSSO, in 2014 82.4% of all passengers carried on all types of passenger transport were insured, and as of August 12 of this year, this share was only 64%.
Who is eligible for a refund?
The right to receive insurance compensation arises from passengers, life, health, property of which during transportation was damaged due to the fault of the carrier. If the passenger is followed by children whose lives or health have been harmed during transportation, the right to compensation for damage also arises, regardless of whether they are recognized as passengers. The victim must be a passenger, which in the understanding of various transport codes implies the conclusion of a contract of carriage. In most cases, concluding such an agreement involves simply purchasing a ticket.
In the event of the death of the victim, citizens who are entitled to compensation for damage in the event of the death of the breadwinner can receive compensation in accordance with civil law. In the absence of such citizens – the spouse, parents, children of the deceased, citizens whose victim was dependent. In terms of burial expenses, persons who actually incurred such expenses.
In what cases does the right to insurance compensation arise?
To be able to receive insurance compensation, it is necessary that the carrier has a compulsory insurance contract. Regardless of the status of the insurer at the time of the insured event, the payment will be made either by the insurer or from a compensation fund created on the basis of the NSSO. The possibility of refusal to pay is defined by the law on OSGOP and actually duplicates the provisions of the Civil Code of the Russian Federation (the beneficiary’s intent, the effects of radiation, military operations, and the carrier may remove exceptions not related to intent at the conclusion of the contract).
Since any vehicle is a source of increased danger, liability almost always arises, unless the carrier proves that the damage was caused by force majeure.
The law establishes a single minimum insurance amount for all passengers for each passenger:
– for the risk of harm to life – not less than 2,025,000 rubles;
– for the risk of harm to health – not less than 2,000,000 rubles;
– for the risk of damage to property – not less than 23,000 rubles.
Upon conclusion of the contract, the carrier may establish insurance amounts that exceed the minimum values. Payments are made depending on the harm done. In the event of the death of the victim, the amount of payment will amount to 2 million rubles, and 25 thousand rubles may amount to an additional payment to persons who have incurred burial expenses. These costs are offset by actual costs. In case of harm to health, in the event of disability, payments are made depending on the disability group: group I and “disabled child” – 2 million rubles, group II – 1.4 million rubles, group III – 1 million rubles. Upon receipt of injuries, the amount of compensation depends on their severity, payments are made in a certain proportion of 2 million rubles, established by a special resolution Government of the Russian Federation. Upon receipt of several injuries that are present in the table, the compensation is summed up. The amount of insurance payment in terms of harm to health may be greater if it is proved that the damage was done in a larger amount.
Payment of insurance compensation for harm to the life or health of the victim is carried out regardless of the payments due for other types of insurance. The only exception is CTP, where persons recognized as victims within the framework of CTPL are excluded from the concept of “victim”.
Damage to property shall be paid at the rate of 600 rubles per 1 kg of baggage weight and 11 thousand rubles for other property per victim, unless it is proved that the damage was caused in a larger amount. In the OSGOP agreement on the risk of damage to property, a deductible may be established, the presence and amount of which can be clarified with the carrier or insurer.
Actions in case of an insured event
If during transportation (including during boarding and disembarking) harm was caused to health or property, it is necessary:
• immediately inform the driver of the damage;
• if the damage was caused as a result of an accident, insist on calling the traffic police to register the incident. If damage is caused only to property, the registration of an accident is possible at the traffic police department;
• if harm has been caused to health (depending on the severity of the harm) – wait until the ambulance arrives, contact the driver for transportation to the nearest medical institution or immediately contact the medical institution for medical assistance (and fix the fact of injuries), informing the driver or carrier;
• if possible, take a photo or video of the place where the damage was caused, as well as the injuries themselves or damage to property. This can simplify the procedure for resolving an insured event when contacting an insurance company;
• contact the carrier by telephone, inform him of the event and the harm caused, receive information on the time the carrier prepared a document about the event and the place of receipt, as well as information about the insurer, number and duration of the insurance contract. Checking the carrier’s availability of a policy can be done on the NSSO website .
Actions for receiving insurance compensation
To receive insurance compensation, it is necessary to apply with a written statement about the fact of causing harm to the insurer who insured the carrier’s liability, and if there is no representative office of the insurer in your region, to any insurer carrying out OSGO(this possibility is provided for in paragraph 10 of Article 14 of 67-FZ). The region means the place of residence of the beneficiary – the municipality of the subject of the Russian Federation (municipal district, urban district or city of federal significance). If bankruptcy proceedings have been instituted against the insurer or the compulsory insurance license has been revoked, you should apply for a compensation payment to the NSSO. The application must be accompanied by identity documents; documents confirming the fact of the event (a certificate of an accident or a document drawn up by the carrier); documents confirming the amount of damage (death certificate, documents of a medical institution, documents confirming the value of property (if any); details for transferring compensation. A full list of necessary documents is determined by the appropriategovernment decree and is exhaustive.
The insurer is obliged to make a payment or send a reasoned refusal within 30 calendar days from the date of the submission of a set of documents. For each day of delay in the performance of this obligation, the insurer is obliged to pay interest (1/75 of the refinancing rate of the amount of payment).
The law on OSGOP provides a mechanism of “advance payment” in case of harm to life and serious harm to health. Advance payment is carried out in the amount of 100 thousand rubles within three working days after the submission of all documents and the submission of an application for advance payment. Advance payment is subsequently deducted from the amount of insurance compensation.