In Russia, liability insurance of a carrier to a passenger can be carried out both on a voluntary basis at the personal request of the insured, and without fail due to the obligation imposed by law.
Passenger insurance is mandatory from 01.01.2013 and is aimed at reimbursing the damage caused to health and / or property without reference to a specific transport .
Below we will provide a detailed analysis of the terms of the contract and payments, as well as exceptions to the general conditions of coverage.
Legal basis for passenger insurance
The basis of the legislation on liability insurance for damage to passengers (OSGOP) is Federal Law No. 67-ФЗ dated June 14, 2012, the norms of which govern all issues related to the practical application of carrier civil liability insurance.
The application of the law on OSGOP is aimed at achieving the following goals:
- formation of uniform conditions for concluding contracts and making payments;
- ensuring the possibility of citizens, regardless of the category of transport and the nature of transport, to receive compensation that is consistent with the damage caused;
- fixing the procedure for treatment and further receipt of payment commensurate with the harm caused.
The achievement of these goals is carried out in strict compliance with the principles enshrined in the law:
guarantee of compensation, which is made at the expense of the reserve funds of insurance companies;
the amount of damage and the procedure for its compensation do not depend on the vehicle category and method of transportation;
financial protection of the interests of the carrier in case of harm in the implementation of their professional activities.
The legislator assigns passenger insurance to the direct responsibility of carriers. Failure to comply with this requirement, as well as transportation without a properly executed policy and certificate, is the basis for bringing the carrier to administrative responsibility.
In accordance with Art. 11.31 of the Administrative Offenses Code of the Russian Federation sanctions may be imposed on violators, such as imposing a fine on an organization in the amount of 1,000,000 rubles, and on officials up to 50,000 rubles.
Essential conditions for passenger insurance
In accordance with Art. 8 of the OSGOP Law, carriers insure their liability to passengers in strict compliance with the essential conditions of the agreement, which allow it to be separated from other types of insurance:
1) a specific object, which is the property interests of the organization engaged in transportation;
2) the insurance amount should be determined separately for each case of harm, in particular:
- life and / or health;
3) liability limit – the maximum amount of payment for each insurance event is set for the entire term of the policy and is not subject to reduction when making payments;
4) the contract is concluded for a period of 1 year, the only exception is water transport – in this case the insurance period may be equal to the navigation period and may be less than 1 year.
Unlike other types of insurance where the use of a franchise is not only possible, but also allows you to save on the cost of insurance, when insuring the property interests of carriers in the event of damage to the health of passengers, the use of a franchise is impossible.
The procedure for concluding an OSGOP agreement
The obligation to conclude contracts aimed at insuring passengers is assigned to carriers, regardless of the nature of transport and type of transport.
To conclude insurance, you should choose an insurance company that has a license to carry out this type of activity and has a sufficient reliability rating.
The package of documents for concluding a contract includes:
constituent documents, as a rule, TIN, PSRN and others;
license or permission to carry out transportation activities;
documents for the vehicle containing information on the permissible amount of passenger capacity, year of commissioning, registration information (for example, TCP, technical passport and others).
Immediately upon contact, the insurer will provide an application that must be completed in strict accordance with the above documents. The calculation of the insurance premium is based on the information on the organization and characteristics of the vehicle specified in the application.
At the time of conclusion, the carrier receives an agreement containing all the insurance conditions, as well as a certificate in the prescribed form (for each vehicle separately). The specified certificate confirms the entry into force of the main contract and contains information about it. It should be placed directly in the vehicle in the public domain.
The insurance company, with a properly issued license, does not have the right to refuse insurance to the carrier, since the OSGOP is directly related by law to public contracts. In the event of violations by insurers, you should contact the NSSO and the relevant Bank of Russia unit.
For compulsory types of insurance, which includes passenger insurance, the insurance tariffs are set at the federal level and are the same for all insurers, regardless of their rating. The cost of the OSGOP agreement is governed by the norms of Decree of the Government of the Russian Federation No. 1344 of December 20, 2012, which include the maximum tariff rates.
When calculating the cost of insurance depends on the following criteria:
type of transport (automobile, water, air and others);
nature of transportation (intercity, suburban, intracity and others);
the number of passengers, on the basis of which the total volume of passenger traffic is calculated;
the presence of a franchise for the risk of insurance of property of passengers.
The legislator establishes the minimum and maximum sizes of tariffs, within the limits of which insurers can operate. In practice, as a rule, all insurance companies apply the minimum insurance amount when calculating.
The legislator imposed the obligation on insurers, when insuring liability to passengers, to establish limit payment limits for each risk separately.
In accordance with the law on OSGOP maximum amounts of insurance amounts are equal to:
in case of damage to the property of passengers, payment is made within 23,000 rubles;
in case of damage to health, depending on the severity and degree of damage, payment is made in
within 2,000,000 rubles;
in case of causing the passenger death – 2 500 000 rubles.
The indicated limits are set for each passenger and their size does not depend on the total number of victims.
Insurance claim processing procedure
In the event of an insured event, for example, an accident, theft of a passenger’s property, by virtue of an insurance contract, the insurance company is obliged to compensate for the damage caused. All claims for compensation must be sent by passengers directly to the insurer, the full information and contact details of which must be provided by the carrier.
When applying for payment, the following documents must be submitted:
confirming the fact of the trip, usually a ticket. In case of his absence, the fact of the trip can also be confirmed on the basis of testimonies of other passengers or video surveillance devices;
evidence of the occurrence of an insured event (for example, from the traffic police in the event of a bus accident);
allowing to establish the fact of harm (documents from medical institutions in case of damage to life and health, in case of damage to property – checks about its value).
When considering the application, the insurer may request additional information that is necessary to resolve the issue of payment. Insurance companies are not entitled to request additional documents not specified in the Government Decree.
In the event that the carrier has not fulfilled its direct obligation and has not insured the passengers, all damages and satisfaction of all claims are made at its own expense.
The legislator has fixed a number of cases, the occurrence of which exempts insurers from compensation for losses despite the fact that passenger carrier insurance was duly executed.
In accordance with paragraph 4 of Art. 13 of the aforementioned Federal Law, the insurer’s refusal to pay will be legal under the following conditions:
the insured event is associated with a nuclear explosion, the conduct of military events and actions, popular unrest, strikes and strikes, as well as the result of a civil war;
with the intent of the passenger himself;
if the amount of damage to property is less than or equal to the established deductible.
In all other cases, the refusal of the insurer to pay in the presence of the declared claim of the victim will be illegal and may be appealed in court.
In conclusion, we note that liability insurance is provided by the carrier on all types of transportation, with the exception of the subway and passenger taxi. Citizens are insured directly at the time of the trip, and no additional policies and certificates for each passenger need to be issued.