MTPL Law 2021

Key features of the law

Federal Law No. 40-FZ is aimed at regulating all possible legal relations related to insurance of civil liability of a driver on the road.

Its main features include:

the presence of a large number of definitive norms, which allows for the most accurate application and interpretation of the law in practice. Thanks to detailed regulation, a unified judicial practice was developed and established;
the main feature is to protect the driver in the event of an insured event, since he will not bear financial liability unless otherwise provided by law;
The most important document of the law under consideration is the MTPL insurance policy.

IMPORTANT !!! Today, having an insurance policy is mandatory for every driver. In its absence, it is impossible to register the car, the driver will face a fine, and in the event of an accident, all responsibility will fall on him.

Main law on compulsory motor liability insurance

The main law that regulates the relationship between the parties, as well as the entire process of car insurance and its consequences, is No. 40-FZ “On compulsory motor third-party liability insurance of vehicle owners.”

The general provisions of this law, number 40, indicate what a vehicle is and who is responsible for the vehicle. This is not only the owner directly, but also the person managing the vehicle on the basis of a lease agreement or power of attorney. The law also stipulates who is considered the victim and who is the culprit in an accident. In addition, the concept of sending a vehicle for repairs and direct compensation for damage is given. All this is discussed in Article 1 of Federal Law 40, in addition, in general terms it is clarified who is the insurer and who is the policyholder.

In addition to the Federal Law on OSAGO, motor vehicle liability is regulated by the Civil Code of the Russian Federation, as well as other regulations issued in accordance with the law by local and federal authorities.

According to Federal Law No. 40, the main principles of compulsory motor liability insurance are precisely the guarantee of compensation for damage to all victims, as well as the creation, with the help of a material motive, of interest in compliance with traffic rules among road users. According to Art. 3 FZ-40, vehicles whose owners do not have a compulsory motor liability insurance policy cannot be driven or used in our country.

Liability for violation of provisions

The main requirement of the law for drivers is the mandatory registration of an insurance policy for their car, and administrative liability is provided for its absence. The latest edition of the Code of Administrative Offenses of the Russian Federation for the absence of a compulsory motor liability insurance policy provides for punishment exclusively in the form of a fine of 800 rubles. If the policy is expired or used outside the established period, the fine will be 500 rubles.

There is no provision for increased liability for repeated violations. However, it must be remembered that for the absence of a policy, the driver can be fined an unlimited number of times.

Today, monitoring the detection of this violation is carried out exclusively by traffic police officers. Automatic fixation systems do not yet have such functionality.

Car inspection 2020 (changes from November 1)

From 1 November 2021, all maintenance operators must have current accreditation and be included in the appropriate list. In addition, the passage of the technical inspection must be recorded in video or photo format (the photo must clearly show the license plate number of the car, the time of entry and exit from the station). The results of the technical inspection will be entered into a unified information database.

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Cost of technical inspection 2020

At the moment, the cost of the procedure ranges from 1,000 (passenger cars) to 2,000 rubles (for trucks). Driving without a technical inspection is punishable by a fine of 800 rubles.

This is interesting: Fine for illegal technical inspection

Application of the law in practice

The changes made most significantly affect the application of the law in practice. Several features change each year, so it is important to consider the key features individually.

The basis for receiving payment has not changed - they are left with the occurrence of an insured event when harm was caused to other persons.

The list of situations when the insurer has the right to refuse to provide payment also remains unchanged:

illegal driving (no insurance policy, no driver's license);
causing moral harm;
the damage was caused outside the conditions covered by the insurance policy;
the amount of damage caused is above the limit established by law. In this case, the culprit himself must pay the difference.

ATTENTION !!! The amount of compensation depends not only on the method of registration of the accident, but also on the specific circumstances of the incident.

In each case, an individual examination is assigned, on the basis of which the insurer makes a decision on payment of compensation, as well as its amount.

Registration of an accident

The main basis for providing compensation to the insurance company is the existence of an accident, documented in the prescribed manner. Today, there are 2 ways to register an accident: by traffic police officers and by drivers themselves.

In the first case, traffic police officers arrive at the scene of the accident and carry out all the registration. They take measurements, fill out documents, and issue a certificate. Based on this, you can expect to receive compensation in the future.

ATTENTION !!! Registration in a simplified manner without traffic police officers is carried out independently by drivers. It happens faster, but not possible in all cases.

It is allowed to draw up a European protocol in the following cases:

no people were injured as a result of the accident, and damage was caused only to property;
no more than 2 cars were involved in the accident;
the amount of damage caused does not exceed 100 thousand rubles;
both drivers have an issued and valid insurance policy;
the drivers reached an agreement on the fact of the accident, identified the culprit and have no other contradictions.

In any other case, the simplified procedure does not apply. Violation of this rule is grounds for refusal to provide payment by the insurance company.

Payment procedure

Compensation is provided on the basis of a document confirming the fact of the accident. It can be a certificate from traffic police officers, or a drawn up European protocol.

Art. 12 of the Federal Law under consideration provides for the procedure for paying compensation to the insurance company. According to the established provisions, the injured person has the right to contact the insurer of the guilty party with the necessary documents in order to receive compensation.

IMPORTANT !!! Depending on the specific situation, the examinations carried out and the conclusions received, the insurance company gives a final conclusion on the possibility of providing payment or compensation in another form.

Today, compensation is possible in cash or in the form of vehicle repairs. For damage caused to health, the amount of money necessary for treatment is paid.

Due to changes in recent years, if a vehicle is damaged, as a general rule, it is repaired without paying money. This rule is aimed at reducing the number of cases of fraud, but in practice, insurers save on this, which causes dissatisfaction on the part of drivers. New edition 2021 with comments, puts repairs first instead of money.

However, you can count on receiving monetary compensation in the following cases:

if the insurer is unable to carry out repairs, or if the established deadlines are violated;
if repairs are impractical, if the car has received serious damage;
if the repair amount exceeds the established limit, and the driver refuses to pay the difference;
in exceptional cases, when the insurer has agreed with the driver, about which an agreement has been drawn up.

IMPORTANT !!! Based on the totality of all circumstances, the insurance company decides on the possibility of providing compensation, as well as its amount. In case of disagreement, the interested party has the right to appeal the decision in court.

Using a QR code in MTPL

The first of the significant changes can be considered the mandatory inclusion of a QR code on the policy form.

To see what this code looks like (located in the upper right corner), look at the image below.

The QR code on the MTPL policy is actually an encoded link that leads to a specific page on the Internet. You can decode this link using a separate application created for smartphones. It is enough to simply take a photo of the QR code and this program, after decoding, will automatically transfer the user to a page with the relevant information.

The QR code assigned to the policy will direct you to the page of the RSA (Union of Auto Insurers) web resource, where you can obtain the following data:

Full name of the insurance organization that issued the insurance policy;
Information about the policy (number, series, date of issue);
Validity period of the car insurance contract (beginning, ending);
Information about the insured vehicle (make and model, VIN code, registration number).

It follows from this that using the QR code, anyone can verify that they have a genuine MTPL policy. It’s now easy to complete the check: just go to the page to compare the data with the information included in the auto insurance policy.

Such an opportunity will be very useful, for example, in the case when, during an accident, car drivers decided to draw up documents without involving traffic police officers. In this case, you can quickly verify the authenticity of the policy and proceed directly to filling out the required notice.

It is important to know that QR codes are only available in pink MTPL policies, which are issued to car owners by insurance companies. At the same time, when you take out MTPL car insurance on the Internet (in electronic form), there will be no QR code in the policy. However, the car owner can later contact the insurance company and receive a form with a QR code (pink).

Other features of insurance payments

By law, the insurance company of the culprit of the accident must compensate for the damage caused, as a result of which the culprit himself does not bear any financial liability (except for moral damage), but in practice there are other cases.

In Art. 14 of the law in question lists situations when the insurer receives the right to demand payment of all funds from the culprit of the accident:

when driving a vehicle while intoxicated, or without a driver’s license;
the culprit left the scene;
if the deadlines for submitting documents after an accident are not met;
when providing false documents;
in case of violation of other provisions established by the agreement between the company and the driver.

The most common mistake drivers make is when they do not pay attention to the deadlines. For their violation, the insurer has the right to refuse payment, although the driver did not commit other violations. For example, Article 14 paragraph g, judicial practice is well established and in most cases the insurer’s decision is satisfied, since the driver actually violated the established rules.

Article 14.1, direct damages, is another important feature of the provision of payment.

ATTENTION !!! As a general rule, the victim must contact the insurer of the at-fault party.