PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of April 1, 2024 No. 837-P

About rules of obligatory civil liability insurance of owners of vehicles

This Provision based on Article 5, of Item 1 of Article 11.1 and paragraph one of Item 11 of article 15 of the Federal Law of April 25, 2002 No. 40-FZ "About obligatory civil liability insurance of owners of vehicles" establishes rules of obligatory civil liability insurance of owners of vehicles, procedure for document creation about the road accident without participation of representatives on that police officers in case of availability at the same time of the circumstances specified in Item 1 of article 11.1 of the Federal Law of April 25, 2002 to No. 40-FZ "About obligatory civil liability insurance of owners of vehicles" and also the application form about the conclusion of the agreement of obligatory civil liability insurance of owners of vehicles, form of the insurance policy of obligatory civil liability insurance of owners of vehicles, the document form, the containing data on insurance, the application form about insurance indemnity or direct indemnification and form of the notice on the road accident.

Chapter 1. General provisions

1.1. Rules of obligatory civil liability insurance of owners of vehicles (further - compulsory insurance) establish procedure for realization determined by the Federal Law of April 25, 2002 No. 40-FZ "About obligatory civil liability insurance of owners of vehicles" (further - the Federal Law No. 40-FZ) and other Federal Laws of the rights and obligations of the Parties under the agreement of compulsory insurance <1>.

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<1> Item 1 of article 5 of the Federal Law No. 40-FZ.

1.2. Compulsory insurance is performed by owners of vehicles by the conclusion with insurers of agreements of obligatory civil liability insurance of owners of vehicles (further - the agreement of compulsory insurance) in which vehicles which civil responsibility of owners is insured <2> are specified.

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<2> Item 1 of article 15 of the Federal Law No. 40-FZ.

1.3. The vehicle owner for the conclusion of the agreement of compulsory insurance has the right to choose any insurer performing compulsory insurance.

1.4. The agreement of compulsory insurance is signed for benefit of the victim, life, to health or property of which harm when using the vehicle by the other person can be done, including the pedestrian, the transport driver to whom harm, and the passenger of the vehicle - the participant of the road accident is done (except for person recognized by the victim according to the Federal Law on June 14, 2012 No. 67-FZ "About obligatory civil liability insurance of carrier for damnification of life, to health, property of passengers and about procedure for compensation of such harm done when transporting passengers by the subway").

Chapter 2. Agreement of compulsory insurance, insurance premium

2.1. The agreement of compulsory insurance is signed based on the written application of the vehicle owner about the conclusion of the agreement of compulsory insurance at its choice by delivery by the insurer to the insurer of the insurance policy of compulsory insurance on paper or by the direction the insurer to the insurer of the insurance policy of compulsory insurance in the form of the electronic document.

2.2. The document confirming the conclusion of the agreement of compulsory insurance is the insurance policy of compulsory insurance which form is determined in appendix 1 to this Provision.

In case of the conclusion the vehicle owner and the insurer in addition to the agreement of compulsory insurance of the agreement of voluntary insurance of means of the land transport (except for rail media) for the term corresponding to the term of the agreement of compulsory insurance, the insurer specifies data on the conclusion of the agreement of voluntary insurance of means of the land transport (except for rail media) in Item 9 of the insurance policy of compulsory insurance.

The two-dimensional bar code (QR code of 20 x 20 mm in size) containing in the insurance policy of compulsory insurance shall contain the data used for access to the following data on the agreement of compulsory insurance containing in the automated information system of insurance created according to Chapter IV.2 of the Law of the Russian Federation of November 27, 1992 No. 4015-I "About the organization of insurance case in the Russian Federation" (further respectively - the Law of the Russian Federation No. 4015-I, AIS of insurance): name of the insurer; unique number and date of issue of the insurance policy of compulsory insurance; start and end dates of the periods of use of the vehicle and duration of the agreement of compulsory insurance; brand, vehicle model, vehicle identification number and its state registration number.

2.3. The agreement of compulsory insurance in the form of the electronic document is signed by the parties by exchange of electronic documents.

2.4. The insurer has no right to refuse the conclusion of the agreement of compulsory insurance to the vehicle owner who filed to it petition for the conclusion of the agreement of compulsory insurance and, except as specified, specified in Items 4.4 and 4.5 of this provision, submitted the documents provided by subitems 4.3.2 - 4.3.7 Items 4.3 of this provision.

2.5. Under the agreement of compulsory insurance the insurer performs risk insurance of the civil responsibility:

the vehicle owner and (or) persons specified in the agreement of compulsory insurance as persons allowed to vehicle control;

unrestricted number of persons allowed by the owner to vehicle control in accordance with the terms of the agreement of compulsory insurance and also the other persons using the vehicle legally.

2.6. The insurance premium under the agreement of compulsory insurance is calculated the insurer according to the procedure for application by insurers of insurance rates on compulsory insurance in case of determination of insurance premium under the agreement of compulsory insurance established by the Bank of Russia according to paragraph one of Item 1 of article 8 of the Federal Law No. 40-FZ.

Change of insurance rates during the term of the agreement of compulsory insurance does not involve change of the insurance premium paid by the insurer for the insurance rates operating at the time of payment.

2.7. The agreement of compulsory insurance is signed for a period of one year, except as specified, 3 and 3.1 articles 10 of the Federal Law No. 40-FZ provided by Items 2,.

2.8. The insurer according to paragraph one of Item 11 of article 22 of the Federal Law No. 40-FZ shall provide uninterruptedness and continuity of functioning of the information systems used by it for the purpose of implementation of compulsory insurance according to the Federal Law No. 40-FZ.

Chapter 3. Object of insurance, insurance risk, insured event

3.1. Object of compulsory insurance are the valuable interests connected with risk of the civil responsibility of the vehicle owner according to the obligations arising owing to damnification of life, to health or property of the victims when using the vehicle in the territory of the Russian Federation.

3.2. Approach of the civil responsibility of the vehicle owner according to the obligations arising owing to damnification of life, to health or property of the victims when using the vehicle in the territory of the Russian Federation belongs to insurance risk on compulsory insurance.

3.3. Cases of emergence of responsibility do not belong to insurance risk on compulsory insurance owing to:

3.3.1. Damnifications when using other vehicle, than that which is specified in the agreement of compulsory insurance.

3.3.2. Causings moral harm or emergence of obligation on compensation of lost profit.

3.3.3. Damnifications when using vehicles during the competitions, testing or educational driving in places specially allotted for this purpose.

3.3.4. Environmental pollution.

3.3.5. Damnifications by impact of the transported load if the risk of such responsibility is subject to compulsory insurance according to the law on the corresponding type of compulsory insurance.

3.3.6. Damnifications of life or to health of workers in case of execution of labor obligations by them if this harm is subject to compensation according to the law on the corresponding type of compulsory insurance or compulsory social insurance.

3.3.7. Emergence of obligation on compensation to the employer of the losses caused by damnification to the worker.

3.3.8. Causings by the driver harm to the vehicle managed by it and to trail car to it transported by them to load to the equipment installed on them and other property.

3.3.9. Damnifications when loading load on the vehicle or its unloading.

3.3.10. Damages or destructions of the antiquarian and other unique objects, buildings and constructions having historical and cultural value, products from precious metals and precious and semiprecious stones, cash, securities, objects of religious nature, and also works of science, literature and art, other intellectual property items.

3.3.11. Damnifications of life, to health, property of passengers in case of their transportation if this harm is subject to compensation in accordance with the legislation of the Russian Federation about obligatory civil liability insurance of carrier for damnification of life, to health, property of passengers.

3.4. Insured event under the agreement of compulsory insurance is approach of the civil responsibility of the vehicle owner for the damnification of life, to health or property of the victims when using the vehicle involving obligation of the insurer according to the agreement of compulsory insurance to perform insurance indemnity.

Chapter 4. Procedure for the conclusion and treaty extension of compulsory insurance, payment procedure of insurance premium

4.1. For the conclusion of the agreement of compulsory insurance the vehicle owner submits to the insurer the application for the conclusion of the agreement of compulsory insurance constituted in the form determined in appendix 2 to this Provision and the documents specified in subitems 4.3.2 - 4.3.7 Items 4.3 of this provision.

In case of the personal address of the vehicle owner to the insurer for the conclusion of the agreement of compulsory insurance the application blank about the conclusion of the agreement of compulsory insurance is free of charge provided by the insurer to the vehicle owner according to its requirement.

The list of the information provided by the vehicle owner with use of the official site of the insurer on the Internet (further - Internet network) or with use of information system which according to Item 1 of part 1 of article 2 of the Federal Law of July 20, 2020 "About making of financial transactions with use of financial platform" provides to No. 211-FZ interaction of the financial organizations or issuers with consumers of financial services by means of Internet network for the purpose of possibility of making of financial transactions and access to which is provided by the operator of such system (further - the financial platform), during creation of the statement for the conclusion of the agreement of compulsory insurance in the form of the electronic document includes the data necessary for provision for the insurer in case of filling of the statement for the conclusion of the agreement of compulsory insurance on paper.

4.2. The vehicle owner when filling the statement for the conclusion of the agreement of compulsory insurance does not fill the line "State Registration Number" if by the time of the conclusion of the agreement of compulsory insurance this vehicle did not undergo state registration <1>.

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<1> Article 5 and Item 1 of part 3 of article 8 of the Federal Law of August 3, 2018 No. 283-FZ "About state registration of vehicles in the Russian Federation and about modification of separate legal acts of the Russian Federation".

In case of limited use of the vehicle are specified in the statement for the conclusion of the agreement of compulsory insurance the period of use of the vehicle and (or) the drivers allowed to vehicle control <2>.

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<2> Item 2 of article 16 of the Federal Law No. 40-FZ.

4.3. For the conclusion of the agreement of compulsory insurance the vehicle owner submits to the insurer the following documents (data) <3>:

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<3> Item 3 of article 15 of the Federal Law No. 40-FZ.

4.3.1. Statement for the conclusion of the agreement of compulsory insurance.

4.3.2. The passport or other identification document (if vehicle owner is the physical person).

4.3.3. The certificate on registration in tax authority (if vehicle owner is the legal entity).

4.3.4. The registration document issued by the body performing state registration of the vehicle (the certificate on state registration of the vehicle or the registration certificate of the machine), either the passport of the vehicle or the passport of the self-propelled machine and other types of the equipment in case of the conclusion of the agreement of compulsory insurance before state registration of the vehicle.

4.3.5. The car driver license or the certificate of the tractor operator-driver (tractor operator), the temporary certificate on the right of control of self-propelled machines or the copy of one of the specified documents concerning persons allowed to vehicle control (if the agreement of compulsory insurance is signed on condition that only certain persons are allowed to vehicle control).

4.3.6. The document confirming the property right to the vehicle (if the agreement of compulsory insurance is signed concerning the unregistered vehicle), or the document confirming right of possession with the vehicle (if the agreement of compulsory insurance is signed concerning the leased vehicle).

4.3.7. The Insurance Number of the Individual Ledger Account (INILA) of the disabled person (including the handicapped child) having medical indications for acquisition of the vehicle at the expense of own means or means of other persons or the organizations irrespective of forms of business if the agreement of compulsory insurance is signed concerning such vehicle, and also the insurance number of the individual ledger account (INILA) of the legal representative of the disabled person (including the handicapped child) if it is insurer and (or) the owner of the specified vehicle.

4.4. The insurer has no right to demand from the vehicle owner who addressed the insurer for the conclusion of the agreement of compulsory insurance, submission of originals of the documents provided by subitems 4.3.2 - 4.3.7 Items 4.3 of this provision, in case of the conclusion the vehicle owner of the contract of compulsory insurance with the insurer with whom the previous agreement of compulsory insurance was signed if the insurer has no information that the copies of documents or electronic documents provided by the vehicle owner lost relevance.

4.5. In case of the conclusion of the agreement of compulsory insurance in the form of the electronic document provision by the vehicle owner of the documents specified in subitems 4.3.2 - 4.3.7 Items 4.3 of this provision, are performed by means of independent receipt by insurers of access to the data containing in these documents with use of AIS of insurance (including with use of financial platform in case of creation and the direction by the vehicle owner - physical person to the insurer of the statement for the conclusion of the agreement of compulsory insurance in the form of the electronic document with use of financial platform) and (or) by exchange of information electronically with relevant organs and the organizations, including with use of single system of interdepartmental electronic interaction <1>.

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<1> The regulations on single system of interdepartmental electronic interaction approved by the order of the Government of the Russian Federation of September 8, 2010 No. 697.

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