Why we do not have everything like people, that is, in countries where the “obligation” has existed for more than a dozen years. Over the hill, for example, there was a small accident, everyone smiled at each other, exchanged the coordinates of the insurers - and then it is up to the insurance agents to resolve the moment. In Russia, it’s so far, oh oh. President of the Russian Union of Auto Insurers (RSA) Andrei Kigim believes that our country will be able to use the "European Protocol" no earlier than three years later. It is necessary to develop a bunch of regulatory documents and internal instructions for all organizations involved in motor citizens. For this, by the way, a special department on the use of the European Protocol is being created at the SAR.
But shifts happen. Among the bills introduced in the Duma, there is one that obliges the insurer to collect all the documents necessary for resolving the insured event. In fact, this is very serious, because one of the biggest drawbacks of the current version of the law is that the victim in the accident becomes injured twice: the crumpled iron adds the pleasure of wasting time, standing in line at the traffic police first for copies of the protocol and administrative violation order, then to the insurance company in order to “give back the overwork” documents. We are generally silent about the examination. And the culprit, meanwhile, is calmly sitting at home near the samovar. So why cannot the insurance company itself request and receive all the necessary documents from the competent authorities? It may well, and this will not require super cost. The author of this amendment is the State Duma deputy and concurrently the president of the All-Russian Union of Insurers Alexander Koval. Yes, yes, from there the wind blows.
In our opinion
PCA also made its amendments. We will say right away that among them there are many purely technical ones that remove some inconsistencies or discrepancies in regulatory documents. But there is also something “living.”
A lot of questions arise when determining the "territory of the predominant use of the vehicle." Say, I’m registered in the city, and I drive only around the village by car, so let me lower the coefficient. The RSA proposes to fix that the territory of primary use is “the place of residence of the owner of the vehicle for which permanent or temporary registration of the vehicle is made”. Do not quibble.
By the way, about the territory. The law says that the damage that occurred "when the vehicle is moving in the internal territory of the organization" is not compensated. Insurers quickly grabbed onto this formulation, and gas stations, yards, parking lots and so on became their organization’s internal territory. PCA outrages such a look.
Even when the Law on OSAGO was only being prepared, there was a lot of debate about compensation. Do I have to pay extra for the loss of the commodity value of a damaged car. Everyone understands that even a car that was qualitatively restored after an accident is less attractive to the buyer than the exact same one, but without an accidental past. Maybe compensate? Many answered “yes” and sued. If the amendments are adopted, it will not work.
Another moment. What is more important for us - health or piece of iron? Initially, the developers were inclined to the second option. Now they decided to take care of “what you can’t buy”. Following the PCA bill, each victim in an accident can receive up to 240 thousand rubles as compensation for harm caused to life or health. Now this amount should be divided by all. A striking example is the sensational accident involving minibuses, in which several people die and receive serious injuries. As a result, everyone receives miserable compensation.
There is, however, another side to the issue - obtaining compensation for the “medical part” is very laborious and requires additional regulatory approval. The PCA plans to make sure that the victim receives a certain amount for a certain injury. But this is only in perspective. Now you need to get so many pieces of paper that it is easier to limit yourself to the current program of compulsory medical insurance. Have you forgotten that they treat us first? And, by the way, for free!
Some lazy citizens, having learned that after the policy expires, the insurer is responsible for another month, are not particularly in a hurry to renew the CTP. As a result, they are left without insurance at all. And the reaction of traffic police inspectors is ambiguous: the liability seems to be insured, and the policy is no longer valid. Either fine, or not? To avoid all this, it was decided to exclude the 13th grace month altogether with the motivation “the mechanism has not been worked out”.
With the terms in which the insurer must at least do something after the statement, now it’s all a disaster. The law seems to be given rather stringent restrictions, and the insurance company should not draw a bagpipe. In fact, it turns out that the insurer begins to swing only when it receives all the necessary documents from the victim. It is necessary to encourage. We read the text of the amendment to article 12: “The insurer is obliged to inspect the damaged property and (or) organize its independent technical examination (assessment) within no more than 5 working days from the date of receipt of the application for insurance payment from the victim, as well as documents that the victim is obligated to in accordance with the rules of compulsory insurance, attach to the application. " Where to go?
We all know that with independent expertise we are still tight. Consider it not at all. But the PCA proposes to do without any expertise at all. Not always, of course, but only in the simplest cases and in consultation with the victim. For example, if the bumper is damaged, the insurance company can offer a certain amount for it without any expertise. If the victim agrees, then he should not refer to the results of an independently organized independent examination.
And further. According to the bill introduced, the insurance company should have the right to conduct a traological examination to establish all the circumstances of the accident and determine the amount of damage. At the time of its holding, the period for processing the application of the victim may be increased, but by no more than 15 working days. By the way, those 15 days during which the insurance company is obliged to pay everything, should also become “workers”.
Equity in the area of law of insurer's recourse is imposed. In the new version of the law, a registered lawsuit may be brought only to the inflicter of harm. And no one else.
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