One of the mandatory documents that every car driver in our country must have is an MTPL insurance agreement. Its conclusion is made on the basis of an application submitted by the policyholder to the insurance company of his choice. Moreover, such a statement must not only contain the necessary information, but also be in accordance with the general requirements for office work.
Any driver will benefit from information about how and in what sequence the stages of concluding an insurance transaction are carried out. We will tell you about all the nuances of obtaining an MTPL policy in this article.
What is a compulsory motor liability insurance agreement?
To regulate compulsory insurance, Federal Law No. 40 (Article 15) is used. Here in paragraph 1 it is said that insurance (compulsory) is carried out by the car owner by drawing up a special contract for compulsory insurance.
This document indicates the vehicle (hereinafter referred to as the vehicle), the owner of which has properly insured his civil liability.
An MTPL insurance contract is a document confirming the obligation of the insurance company (hereinafter referred to as the insurer) to compensate/pay compensation for damage caused to the health, life or property of the injured party as a result of an accident. At the same time, the document clearly states in a separate paragraph the amount within which such compensation will be made.
It should be noted that such an agreement is drawn up on a reimbursable basis.
Change of contract
6.1. The Insured person may be replaced by the Policyholder with another person only with the consent of the Insured person and the Insurer.
6.2. The Policyholder , in agreement with the Insurer, has the right to increase the amount of the insured amount. In this case, an additional insurance premium must be paid in the amount and manner stipulated by agreement of the Parties.
6.3. The Policyholder , in agreement with the Insurer, has the right to reduce the amount of the insured amount. In this case, the Policyholder shall be refunded the overpaid part of the insurance premium in proportion to the reduction in the sum insured.
6.4. If the Insured person or his heirs have made claims against the Insurer, this Agreement cannot be amended without the written consent of the persons making the claims.
MTPL agreement: basic concepts
Among the legal features of such contractual obligations for motor vehicle citizenship are:
- Consensus – events that are expected to occur in the future are written down;
- 2-party – always concluded between 2 parties (the policyholder and the insurer);
- Reciprocity - is made solely by mutual consent of the parties;
- Payment – involves the obligatory payment of an insurance premium (payment).
This type of agreement must be concluded in writing, and if this does not happen, then the document is considered void.
In the document, the parties to the agreement are 2 persons, namely:
- The policyholder can be either an individual or a legal entity. The individual signs the agreement personally, and on the part of the legal entity - his authorized representative;
- Insurer – insurance company (always a legal entity).
By concluding a contract, the policyholder (car owner) pursues the goal of: at the expense of the insurer, to compensate for losses to 3rd parties. From this we can conclude that contractual relations are concluded in the interests of third parties (their circle is unlimited and they are not directly indicated in the contract). Such a third party can be any person (individual/legal entity). It depends on who and whose particular interests were damaged in the accident.
Government agencies are a special subject of the agreement, since without action on their part no payments will occur. After all, the party injured in an accident can hope to receive compensation for damage from the insurer only if it provides a certificate of the accident, which is drawn up by traffic police officers.
According to compulsory motor liability insurance, the object of contractual obligations is understood as the civil liability of the car owner for the harm that he caused by his actions while driving the vehicle. It is important to understand that among the risks there are only such as damage to property, as well as harm caused to the health and life of the injured party. At the same time, the category of compensation under compulsory motor liability insurance does not include moral damage. All losses associated with such harm are determined by the court, which decides the fate of the claim, sent directly to the culprit of the accident.
Sample form of an MTPL agreement (the policyholder is a legal entity)
Contract of compulsory civil liability insurance
vehicle owners
(the policyholder is a legal entity)
__________________ "__" _______ 20__
_____________, hereinafter referred to as the “Insurer”, represented by _____________,
(name) (full name, position)
acting on the basis of __________________________, on the one hand, and
(Charter, Regulations, Power of Attorney)
_____________, hereinafter referred to as the “Policyholder”, represented by ___________,
(name) (full name, position)
acting on the basis of __________________________, on the other hand,
(Charter, Regulations, Power of Attorney)
and together referred to as the “Parties”, have entered into this Agreement on
as follows:
1. The Subject of the Agreement
1.1. Under this Agreement, the Insurer undertakes to
the payment (insurance premium) established by the Contract upon the occurrence of
to compensate for the event (insured event) provided for in the Contract
victims suffered harm to their lives and health as a result of this event
or property (make insurance payment) within a certain
Insurance amount agreement.
1.2. The object of insurance under this Agreement is
property interests associated with the risk of civil liability
Insurer for obligations arising from damage
life, health or property of victims when using transport
funds on the territory of the Russian Federation.
2. Vehicle
2.1. Owner of the vehicle ______________________________________________.
(full name of the legal entity or
FULL NAME. citizen)
2.2. Make, model of vehicle _____________________________________________________.
2.3. Vehicle identification number ___________________________________.
2.4. Vehicle passport ________________ _______________.
(serial number)
2.5. State registration plate ___________________________.
3. Insured event
3.1. An insured event under this Agreement is recognized as
incurrence of civil liability of the Insured for causing harm
life, health or property of victims when using the specified
in this Vehicle Agreement.
3.2. Damage caused due to:
— force majeure or intent of the victim;
— exposure to a nuclear explosion, radiation or radioactive
infection;
— military operations, as well as maneuvers or other military events;
- civil war, civil unrest or strikes.
3.3. Damage caused to property owned by
the person responsible for the damage caused.
3.4. The occurrence of civil liability does not apply to insured events
liability of the Insurer due to:
— causing harm when using another vehicle,
than that specified in this Agreement;
— causing moral harm or the emergence of a duty
for compensation of lost profits;
- causing harm when using a vehicle during
competitions, tests or training riding in specially designated areas
this places;
— environmental pollution;
— harm caused by the impact of the transported cargo,
if the risk of such liability is subject to compulsory insurance
in accordance with the law on the relevant type of compulsory
insurance;
— causing harm to the life or health of workers during their performance
labor duties, if this damage is subject to compensation in accordance with
with the law on the corresponding type of compulsory insurance
or compulsory social insurance;
— the emergence of an obligation to compensate the employer for losses,
caused by harm to an employee;
- causing damage by the driver to the vehicle he is driving
and the trailer for it, the cargo transported in them, installed on them
equipment;
— causing harm when loading cargo onto a vehicle
or its unloading;
— causing harm while driving a vehicle
on the internal territory of the organization;
- damage or destruction of antique and other unique items
objects, buildings and structures of historical and cultural significance,
products made of precious metals and precious and semi-precious stones,
cash, securities, religious objects, as well as
works of science, literature and art, other objects
intellectual property;
— the emergence of obligations of the owner of the vehicle
compensate for damage in excess of the amount of liability,
provided for by Chapter 59 of the Civil Code of the Russian Federation
(if a higher amount of liability is established
federal law or treaty).
4. Sum insured
4.1. The insured amount, within which the Insurer undertakes
upon the occurrence of each insured event (regardless of their number
during the term of this Agreement) compensate the victims
the damage caused is 400,000 (four hundred thousand) rubles, of which:
4.1.1. 240 (two hundred forty thousand) rubles in terms of compensation for damage,
caused to the life or health of several victims, and no more than 160
(one hundred sixty thousand) rubles in case of harm to life or health
one victim.
4.1.2. 160 (one hundred sixty thousand) rubles in terms of damages,
damage to the property of several victims, and no more than 120 (one hundred
twenty thousand) rubles for causing damage to the property of one
victim.
5. Insurance premium
5.1. The insurance premium under this Agreement is determined
in accordance with insurance rates established by the Government of the Russian Federation
and amounts to _________ rubles.
5.2. Changes by the Government of the Russian Federation in insurance tariffs during the period
the validity of this Agreement does not entail a change in insurance
premium paid by the Insured according to those in force at the time of payment
insurance rates.
5.3. The insurance premium is calculated by the Insurer based on
from the information provided by the Insured in the application for the conclusion of this
Agreement.
5.4. If the terms of this Agreement change during its term
insurance premium may be adjusted after the start
validity of the Treaty in the direction of its decrease or increase depending on
from changed information provided by the Policyholder to the Insurer.
5.5. When extending the validity period of this Agreement, the insurance
the premium is paid in accordance with those in force at the time of its payment
insurance rates.
5.6. The insurance premium is paid by the Policyholder to the Insurer
in cash or by bank transfer at the conclusion of this
Agreement.
5.7. In case of early termination of this Agreement
in connection with the liquidation of the Policyholder or in connection with the identification of false
or incomplete information provided by the Policyholder upon conclusion
of this Agreement, which are essential for determining
degree of insurance risk, insurance premium to the Policyholder
not returned. In other cases, the Insurer returns to the Policyholder
part of the insurance premium for the unexpired term of the Contract.
6. Rights and obligations of the Parties
6.1. In the event of a traffic accident
The policyholder is obliged to report:
6.1.1. To other participants in the said incident at their request
information about this Agreement.
6.1.2. To the insurer in writing about all cases of damage
harm when using the vehicle, which may result in
constitutes the Insured's civil liability for
______________________ since the incident.
(term)
6.1.3. During the period of validity of this Agreement, the Policyholder is obliged
immediately notify the Insurer in writing of the change
information specified in the application for the conclusion of this Agreement.
6.2. When concluding this Agreement, the Policyholder is obliged
provide the Insurer with:
6.2.1. Information about the number and nature of insurance claims
cases, about completed and upcoming insurance payments, the deadline
insurance, pending and unresolved claims of victims,
relating to insurance payments, and other information about insurance during the period
validity of the compulsory insurance contract presented by the Insurer,
with whom the last compulsory insurance contract was concluded,
according to the established form.
6.2.2. Owner's insurance information
vehicle.
6.3. The Policyholder has the right to demand from the Insurer a written
calculation of the insurance premium payable.
6.4. Upon conclusion of this Agreement, the Insurer is obliged to issue
The policyholder receives an insurance policy and a special state-issued sign.
6.5. Upon early termination or upon expiration of this
of the Agreement, the Insurer is obliged to provide the Policyholder with information
on insurance in the prescribed form.
6.6. The insurer has the right to make a recourse claim
to the Insured in the amount of the insurance payment made by him and the claim
on reimbursement of expenses incurred during the consideration of the insured event,
If:
— due to the intent of the Insured’s employee, harm was caused to life
or the health of the victim;
— the damage was caused by the Insured’s employee while operating
driving a vehicle while intoxicated (alcohol,
narcotic or other);
— the Insured’s employee did not have the right to drive a vehicle
the means by which they were harmed;
— the Insured’s employee fled the scene of the traffic accident
incidents;
6.7. Upon conclusion of this Agreement, the Insurer has the right to carry out
inspection of the vehicle at the location of the Insured.
6.8. Upon receipt from the Policyholder of an application for change of information,
specified in the application for the conclusion of this Agreement
and (or) presented at the conclusion of the Contract, the Insurer has the right
require the Insured to pay, if necessary, additional
insurance premium in proportion to the increase in the degree of risk and reissue
compulsory insurance insurance policy based on insurance rates
for compulsory insurance.
6.9. The Insurer, at the request of the Insured, is obliged to provide him with
written calculation of the insurance premium within three working days from the date
receiving a request.
7. Validity period, procedure for concluding, amending and terminating the Agreement
7.1. This Agreement is concluded for a period of one year.
7.2. The insurance period under this Agreement is established
from __ hours __ minutes "__" ______ 20 __ to 24 hours 00 minutes
"__" _______ 20__
7.3. The validity period of this Agreement is extended for the next
year, if the Policyholder no later than 2 months before the expiration of the term
validity of the Agreement did not submit a written statement to the Insurer
on refusal to extend the term of the Agreement.
7.4. In case of delay by the Policyholder in paying the insurance premium
under the extended Agreement for no more than 30 calendar days and the onset of
during this period of the insured event the Insurer is not exempt from
obligations to make insurance payments.
7.5. If the Policyholder is late in paying the insurance premium by more than
less than 30 calendar days, this Agreement will be terminated.
7.6. This Agreement may be terminated early
also in case:
— liquidation of the Policyholder;
— liquidation of the Insurer;
- destruction (loss) of the vehicle specified in this
Agreement.
7.7. The policyholder has the right to terminate this Agreement early
when:
— revocation of the Insurer’s license;
— replacement of the owner of the vehicle;
7.8. The Insurer has the right to terminate this Agreement early
in case of detection of false or incomplete information provided
When concluding this Agreement, the policyholder has a significant
value for determining the degree of insurance risk.
7.9. This Agreement may be declared invalid by a court
from the moment of its conclusion in the manner prescribed by the legislation of the Russian Federation.
8. Responsibility of the Parties
8.1. The policyholder is responsible for the completeness and accuracy
information and documents submitted to the Insurer.
8.2. Early termination of this Agreement does not entail
reserves the release of the Insurer from the obligation to carry out
insurance payments for events occurring during the term of the Agreement
insurance cases.
9. Final provisions
9.1. The contract is concluded without restriction of persons admitted
to driving a vehicle.
9.2. Insurance under this Agreement is carried out
in accordance with the Civil Code of the Russian Federation, Federal Law
“On compulsory insurance of civil liability of owners
vehicles" and the Rules of compulsory civil insurance
liability of owners of vehicles approved
Decree of the Government of the Russian Federation dated 05/07/2003 N 263.
9.3. This Agreement comes into force upon payment of the insurance
awards.
9.4. Insurance stipulated by this Agreement,
applies to insured events occurring after entry into force
The agreement is in force.
9.5. The agreement is drawn up in two copies, each having the same
legal force, one for each of the Parties.
10. Details and signatures of the Parties
Insured Insurer
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
Insured Insurer
MTPL agreement: general procedure for registration
The insurance company has 30 days to consider the application submitted by the car owner (based on the Civil Code of the Russian Federation, Article 445, paragraph 1).
After this period, a response must be issued, which may contain one of two options:
- The decision to enter into an agreement;
- Refusal to conclude an agreement indicating the reasons for such a decision.
If a decision is made to satisfy the application, then the insurance agent-representative of the company must carry out calculations of the cost of the policy, taking into account the initial information and the coefficients that are established in a particular case. If a car owner intends to insure a used car, a visual inspection may be necessary. Such actions are aimed at eliminating fraud, since any damage existing at the time of conclusion of the contract is immediately included in a special act.
After the MTPL agreement has been fully prepared, the client is obliged to familiarize himself with it and, if there are no questions on his part, sign it and make payment. Having completed these steps, he receives:
- OSAGO policy;
- Forms for notification of road accidents – 2 copies;
- Memo from the insurance company, etc.
In recent years, car owners have had the opportunity to issue a car insurance policy online. This is done on the web resources of those insurance companies that provide the public with services for issuing auto insurance policies.
The entire process of preparing such a document includes several stages, namely:
- Scanning documents included in the list of mandatory documents for obtaining a motor vehicle license;
- Clarification of data that may be useful for filling out a special form on the website;
- Confirmation of the authenticity of the transaction via an electronic signature;
- Payment for the policy (via the Internet).
Completing all of these operations will not take much time. As a rule, the user spends 30-60 minutes completing all actions.
Insurance case. Rights and obligations of the parties
2.1. An insured event under this Agreement is recognized as (an event upon the occurrence of which the insurer’s obligation to make an insurance payment arises) __________________________________.
2.2. The insurer is obliged:
2.2.1. Within ___ days from the date of conclusion of this Agreement, issue an insurance policy to the Policyholder or the Insured Person.
2.2.2. In the event of loss by the Policyholder or the Insured Person during the validity period of this Agreement, issue them a duplicate of the policy based on a written application.
After a duplicate is issued, the lost policy is considered invalid and insurance payments on it are not made.
2.2.3. Provide the Policyholder and the Insured with all necessary information related to the execution of this Agreement.
2.2.4. Upon the occurrence of an insured event, pay the insurance amount in the amount, manner and terms established by this Agreement.
2.3. The insurer has the right:
2.3.1. Request from the Policyholder and the Insured person information and information related to this Agreement.
2.3.2. Check any information communicated to him by the Policyholder, the Insured Person and the heirs of the Insured Person, as well as information that has become known to the Insurer that is related to this Agreement.
2.3.3. In case of violation by the Policyholder, the Insured Person and/or the heirs of the Insured Person of the obligations provided for in paragraphs. 2.4.2 of this Agreement, when making a decision on payment of the insurance amount, do not take into account the information provided by the Insurer (Insured Person) related to this Agreement.
2.4. The policyholder is obliged:
2.4.1. Inform the Insurer of the circumstances that are significant for determining the likelihood of the occurrence of an insured event, if these circumstances are unknown and should not be known to the Insurer.
2.4.2. Provide the Insurer with the opportunity to unimpededly verify information related to this Agreement and provide all necessary documents and other evidence.
2.4.3. Pay the insurance premium in the amount, manner and terms established by this Agreement.
2.5. Obligations of the Insured established by paragraphs. 2.4.1, 2.4.2 of this Agreement are also subject to execution by the Insured Person.
How long is the contract valid?
A separate law on compulsory motor liability insurance (Article 10) regulates the duration of the contract. Often, this period is 1 year, but there is also a minimum period - from 3 months, which is used for car drivers who use their vehicles only during a certain period (for example, in the summer for trips to the country, etc.). It should be noted that in this case the policy cost adjustment factor is applied, which in this case will be equal to 0.5. This means that an adjustment factor is applied to determine the total cost of the policy, lowering the price.
The standard period of validity of the insurance contract (1 year) has certain exceptions, which include the following situations:
The insured is a car owner who has citizenship of another country
Insurance here is concluded for the same period as the duration of registration of a person located in the territory of the Russian Federation along with his vehicle. An insurance agreement with a foreigner can be concluded for a 5-year period.
The contract is temporary
Here we are talking about the validity period of the agreement, which corresponds to the period spent moving the car (for example, from the place of purchase to the place of registration at the nearest traffic police department).
Temporary contract (due to technical inspection)
In the event that, at the request of legislative acts and other regulatory documents, it is necessary to register the vehicle in another region of the Russian Federation, a temporary MTPL agreement will be concluded for the car owner, which will be valid until the vehicle is properly inspected.
There can be many reasons causing the need to re-register a vehicle. Among them:
- purchase and sale transactions, after which it is necessary to have time to insure the vehicle and register it within 10 days;
- change of owner of the vehicle due to inheritance rights;
- changing the place of residence of the car owner with the corresponding registration of the car, etc.
Payment of the insurance amount
4.1. The insurance amount is set at _____ (________) rubles.
4.2. Upon the occurrence of an insured event, the Insurer is obliged to pay the insured amount to the Insured within ________ after receiving and drawing up all the necessary documents specified in this Agreement.
4.3. In the event of the death of the Insured person after the occurrence of an insured event stipulated by this Agreement, provided that the Insured person has not received the insurance amount due to him at the time of his death, payment is made to the heirs of the Insured person.
4.4. submits the following documents to receive the insurance amount
- policy;
- application for payment of the insurance amount;
- identification document;
- ___________________________________________________.
4.5. In the event that the insurance amount is paid to the heirs of the Insured Person, the heirs present:
- policy;
- identification documents;
- death certificate of the Insured person or its certified copy;
- documents certifying entry into inheritance rights;
- ____________________________________________________.
4.6. The insurance amount is paid by the Insurer in the following order: __________________________________________.
Insurance contract: important terms
By analogy with any legal document, an insurance contract contains a number of points that describe in detail all the nuances of the agreement being concluded. Among them:
- The object of insurance is the vehicle, which is specified in the insurance policy (it is the vehicle that is insured, not the person). To avoid any fraud, the insurance contract indicates the unique serial numbers of the car.
- The list of insured events is regulated within the framework of the Law “On Compulsory Motor Liability Insurance” and is not subject to correction.
- The price of the policy is determined by multiplying a certain basic tariff (regulated by law) by separate coefficients provided for each individual case, namely:
- KBM,
- regional connection,
- car power,
- the number of drivers allowed to drive vehicles, their driving experience, etc.
- The amount of insurance payments is determined by the degree of damage that was caused to the health and personal property of persons injured in an accident. The upper limit of such payments is legally determined, which is:
- 400,000 rub. – for compensation of property damage;
- 500,000 rub. – to compensate for damage caused to the life and health of the victim during a car accident.
- The procedure for early termination of a contract. It is applied in the event that for some reason the insurer does not fulfill its contractual obligations, and involves a full refund to the client of the cost of the MTPL policy.
In the event that a client has sold his car and wants to terminate the insurance contract on his own initiative, he can count on receiving the balance of insurance premiums minus 23%, of which 20% goes to the insurance company for working with the client, and 3% goes to the RSA. .
Responsibility of the parties
5.1. If the Insurer violates the deadline for payment of the insured amount established by clause 4.2 of this Agreement, the recipient of the insured amount has the right to present to the Insurer a demand for payment of a penalty in the amount of ___% of the unpaid insured amount for each day of delay.
5.2. If the Insured violates the deadline for making the next insurance premium established by clause 3.2 of this Agreement, the Insurer has the right to present the Insured with a requirement to pay a penalty in the amount of _______% of the amount of the unpaid insurance premium for each day of delay.
5.3. Collection of a penalty does not relieve the Party that has violated this Agreement from fulfilling its obligations in kind.
5.4. For failure to fulfill or improper fulfillment of other obligations established by this Agreement, the Parties bear responsibility established by the current legislation of the Russian Federation and the Insurance Rules (clause 11.3 of this Agreement).
