Sample car insurance contract
Sample form of an MTPL agreement (the policyholder is a legal entity) (prepared by experts from the Garant company)
Compulsory insurance contract for civil liability of vehicle owners
(the policyholder is a legal entity)
1. The Subject of the Agreement
1.1. Under this agreement, the Insurer undertakes, for the fee established by the agreement (insurance premium), upon the occurrence of an event stipulated in the agreement (insured event), to compensate the victims for damage caused to their life, health or property as a result of this event (make an insurance payment) within the limits of the insured amount determined by the agreement.
1.2. The object of insurance under this agreement is property interests associated with the risk of civil liability of the Insurer for obligations arising from causing harm to the life, health or property of victims when using a vehicle on the territory of the Russian Federation.
2. Vehicle
2.1. Owner of the vehicle [full name of the legal entity or full name of the citizen].
2.2. Make, model of vehicle [enter as required].
2.3. Vehicle identification number [enter as required].
2.4. Vehicle passport [series] [number].
2.5. State registration plate [enter as required].
3. Insured event
3.1. An insured event under this agreement is the occurrence of civil liability of the Insured for causing harm to the life, health or property of victims when using the vehicle specified in this agreement.
3.2. Damage caused due to:
— circumstances of force majeure or intent of the victim;
— exposure to a nuclear explosion, radiation or radioactive contamination;
— military operations, as well as maneuvers or other military events;
— civil war, civil unrest or strikes;
— other circumstances that exempt the Insurer from paying insurance compensation under this agreement on the basis of current legislation or the Rules for compulsory insurance of civil liability of vehicle owners.
3.3. Damage caused to property belonging to the person responsible for the damage is not compensated.
3.4. The occurrence of civil liability of the Insurer due to:
— causing harm when using a vehicle other than the one specified in this agreement;
— causing moral damage or the emergence of an obligation to compensate for lost profits;
— causing harm when using a vehicle during competitions, tests or training driving in specially designated areas;
— environmental pollution;
— harm caused by the impact of 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 employees during the performance of their labor duties, if this harm is subject to compensation in accordance with the law on the relevant type of compulsory insurance or compulsory social insurance;
— the emergence of an obligation to compensate the employer for losses caused by harm to the employee;
— damage caused by the driver to the vehicle he is driving and its trailer, the cargo they transport, the equipment installed on them and other property;
— causing harm when loading cargo onto a vehicle or unloading it;
- damage or destruction of antique and other unique objects, buildings and structures of historical and cultural significance, products made of precious metals and precious and semi-precious stones, cash, securities, objects of a religious nature, as well as works of science, literature and art, etc. objects of intellectual property.
4. Sum insured
4.1. The insured amount, within which the Insurer undertakes to compensate the victims for the damage caused upon the occurrence of each insured event (regardless of their number during the validity period of this agreement), is:
4.1.1. No more than 160 (one hundred and sixty) thousand rubles in terms of compensation for harm caused to the life or health of each victim.
4.1.2. 400 (four hundred) thousand rubles in terms of compensation for damage caused to the property of each victim.
5. Insurance premium
5.1. The insurance premium under this agreement is determined in accordance with the insurance rates determined by the Insurer taking into account the requirements established by the Bank of Russia, and is [amount in figures and words] rubles.
5.2. Changes in insurance rates during the term of this agreement do not entail a change in the insurance premium paid by the Insured at the insurance rates in effect at the time of payment.
5.3. The calculation of the insurance premium is carried out by the Insurer based on the information provided by the Insured in a written application for the conclusion of this Agreement or an application sent to the Insurer in the form of an electronic document, information about insurance, taking into account the information contained in the automated information system of compulsory insurance.
5.4. If the terms of this agreement change during the term of its validity, the insurance premium is subject to change after the commencement of the agreement in the direction of its decrease or increase, depending on the changed information reported by the Insured to the Insurer, affecting the degree of insurance risk.
5.5. The insurance premium is paid by the Policyholder to the Insurer in a lump sum in cash or by bank transfer upon conclusion of this agreement.
5.6. In the event of early termination of this agreement due to the liquidation of the Insured, the identification of false or incomplete information provided by the Insured when concluding this agreement, which is essential for determining the degree of insurance risk, other cases provided for by the legislation of the Russian Federation, part of the insurance premium is not returned to the Insured. In other cases, the Insurer returns to the Policyholder part of the insurance premium in the amount of its share intended for making insurance payments and falling on the unexpired term of this agreement.
6. Rights and obligations of the parties
6.1. The policyholder undertakes:
6.1.1. When concluding this agreement, provide the Insurer with:
— provide your personal data, personal data of the owner of the vehicle necessary to conclude this agreement or make changes to it:
— information about insurance received from the insurer with whom the previous compulsory insurance agreement was concluded;
— information about insurance regarding the owner of the vehicle.
6.1.2. During the period of validity of this agreement, immediately notify the Insurer in writing of changes in the information specified in the application for concluding this agreement.
6.1.3. In the event of an insured event (traffic accident):
— take measures and fulfill the duties provided for by the Traffic Rules of the Russian Federation;
- take the necessary measures in the current circumstances in order to reduce possible losses from the incident, write down the names and addresses of eyewitnesses and indicate them in the notification of the traffic accident;
— take measures to prepare documents about the incident in accordance with the Rules of compulsory insurance of civil liability of vehicle owners;
— inform other participants in the road traffic accident information about this agreement, including the number of the compulsory insurance policy, as well as the name, address and telephone number of the Insurer;
— notify the Insurer of the occurrence of an insured event within [specify the period];
— inform the Insurer in any available way about the place and time of the traffic accident, as well as the circumstances that led to it, so that the Insurer can make a decision on the need to go to the scene of the traffic accident;
— fill out the notification form for a traffic accident issued by the Insurer, regardless of the execution of documents by the police officers who arrived at the scene of the traffic accident;
- at the request of the Insurer, present the vehicle for inspection and (or) independent technical examination to the Insurer within five working days from the date of receipt of such a request.
6.2. The policyholder has the right:
6.2.1. Request from the Insurer a written calculation of the insurance premium payable.
6.2.2. If you lose your compulsory insurance policy, get a duplicate of it free of charge.
6.3. The insurer undertakes:
6.3.1. Issue to the Insured a compulsory insurance policy, which is a document certifying the implementation of compulsory insurance, within the day of receipt of funds at the Insurer's cash desk in cash, and in the case of payment of the insurance premium by bank transfer - no later than the business day following the day of transfer to the Insurer's bank account insurance premium.
6.3.2. Along with the insurance policy, issue to the Insured free of charge a list of representatives of the Insurer in the constituent entities of the Russian Federation, containing information about the location and postal addresses of the Insurer, as well as means of communication with them and their working hours, two forms for notification of a traffic accident.
6.3.3. Submit a calculation of the insurance premium payable within three working days from the date of receipt of the corresponding written application from the Insured.
6.3.4. In case of early termination or upon expiration of the validity period of this agreement, provide the Insured with information about insurance in the prescribed form.
6.3.5. Make changes to the compulsory insurance policy upon receipt from the Insured of an application to change the information specified in the application for concluding this agreement.
6.3.6. No later than five working days from the date of amendments to the compulsory insurance insurance policy, enter into the automated compulsory insurance information system information about changes in the information specified by the Insured in the application for concluding this agreement.
6.4. The insurer has the right:
6.4.1. When concluding this agreement, inspect the vehicle at the location of the Insured.
6.4.2. Require payment of an additional insurance premium in proportion to the increase in the degree of risk, based on the insurance rates for compulsory insurance in force on the day of payment of the additional insurance premium, upon receipt from the Insured of an application to change the information specified in the application for concluding this agreement.
6.4.3. Submit a recourse claim to the Insured in the amount of the insurance payment made by him and a claim for 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 the life or health of the victim;
— the damage was caused by the Insured’s employee while driving a vehicle while intoxicated (alcohol, drugs or other);
— the Insured’s employee did not have the right to drive the vehicle during the use of which they were harmed;
— the Insured’s employee fled the scene of the traffic accident.
7. Validity period, procedure for concluding, amending and terminating the contract
7.1. This agreement is concluded for a period of one year.
7.2. The insurance period under this agreement is set from [hours, minutes] [day, month, year] to 24 hours 00 minutes [day, month, year].
7.3. The extension of this agreement is carried out upon expiration of its validity period by concluding a compulsory insurance agreement with the Insurer for a new term.
7.4. This agreement is terminated early in the following cases:
- destruction (loss) of the vehicle specified in this agreement.
7.5. The policyholder has the right to terminate this contract early in the event of:
— revocation of the Insurer’s license in the manner established by the legislation of the Russian Federation;
- replacement of the owner of the vehicle.
7.6. The Insurer has the right to terminate this agreement early if false or incomplete information provided by the Insured at the conclusion of this agreement is identified, which is essential for determining the degree of insurance risk.
7.7. In case of early termination or upon expiration of the validity period of this agreement, the Insurer provides the Insured with information about insurance in the prescribed form.
Insurance information is provided by the Insurer free of charge in writing within five days from the date of the corresponding written request.
8. Responsibility of the parties
8.1. The Policyholder is responsible for the completeness and accuracy of the information and documents provided to the Insurer.
9. Final provisions
9.1. The contract is concluded without restriction of persons allowed to drive the vehicle.
9.2. Insurance under this agreement is carried out in accordance with the Civil Code of the Russian Federation, Federal Law No. 40-FZ dated April 25, 2002 “On compulsory civil liability insurance of vehicle owners” and the Rules for compulsory civil liability insurance of vehicle owners established by the regulations of the Bank of Russia dated September 19, 2014 N 431-P.
9.3. This agreement comes into force upon payment of the insurance premium.
9.4. The insurance stipulated by this agreement applies to insured events that occurred after the entry into force of this agreement.
9.5. The Agreement is drawn up in two copies having equal legal force - one for each of the Parties.
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
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
2.2. Make, model of vehicle _____________________________________________________.
2.3. Vehicle identification number ___________________________________.
2.4. Vehicle passport ________________ _______________.
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
— 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
— 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
— 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
— 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
— 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
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
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
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
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
5.6. The insurance premium is paid by the Policyholder to the Insurer
in cash or by bank transfer at the conclusion of this
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.
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
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
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,
— 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
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
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
- destruction (loss) of the vehicle specified in this
7.7. The policyholder has the right to terminate this Agreement early
— 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
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
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.
MTPL insurance contract and its execution procedure
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.
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.
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.
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.
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. .
Documents required for concluding an agreement: detailed list
Before starting the procedure for obtaining a compulsory motor liability insurance policy, the driver should decide which insurance company he will use to do this. Then you need to collect the documents required by the company to conclude an insurance contract.
Among those required to provide:
- Application with a request to conclude an insurance contract (done at the insurance office or independently in strict accordance with the established template);
- Civil passport of the policyholder;
- Certificate of state registration of the vehicle;
- Copies of car licenses of those drivers who will be included in the policy (if you plan to issue a policy with an unlimited number of car drivers, then you do not need to provide a car license);
- Technical inspection data in the diagnostic card.
The driver has the right to undergo a technical inspection on his own or use the services of a service station with which the insurer cooperates. It should be noted that the insurance company does not have any rights to impose a specific service station on the car owner. Such actions are illegal and can be punished with a fine of 50,000 rubles.
In some cases, the following documents may be required for compulsory motor liability insurance:
- For cars that were purchased recently and have not yet been registered - a vehicle passport;
- If the person who issues the car insurance policy is not the owner of the vehicle - a power of attorney to drive the car;
- To calculate coefficients for accident-free driving if previous policies were issued by another insurance company - a certificate of KBM;
- To determine discounts and bonuses for renewal, use the previous MTPL insurance contract.
How to write an application correctly?
Collecting documents from the presented list is not difficult, since every car owner must have them. Difficulties may arise with the preparation of the application. This especially applies to situations where, in order to save time, a person decides to compile it in advance. Here you should use the tips posted on the insurance company’s website. As a rule, there is not only an application form, but also a sample of how to fill it out correctly.
It should be noted that in Russia, legislative norms provide for a single application form for all insurance organizations (based on Appendix 2 of the regulation of the Central Bank of the Russian Federation No. 431-P dated September 19, 2014).
For these reasons, you don’t have to waste time searching for the required form and a ready-made sample application. You can simply download them from our website and, using them as an example, make your own application to the insurance company.
In the text of the application for issuing an MTPL policy, the following fields should be filled in without errors or clerical errors:
- FULL NAME. car owner;
- FULL NAME. drivers who are allowed to drive vehicles;
- Civil passport details;
- Previous insurance policy number.
Separately, I would like to draw the attention of car owners to the fact that when concluding a car insurance contract, they must carefully study all the documents provided by the insurance agent. This will help avoid additional types of insurance, which are often offered by insurance employees.
In the matter of refusals to conclude MTPL contracts, it is important to know that such a refusal is unlawful. No one can refuse the owner of a vehicle to issue a car insurance policy. In this case, one’s own interests can be protected in any available way.
Compulsory motor liability insurance agreement
Compulsory insurance of civil liability of vehicle owners or MTPL is confidence in the financial protection of a personal car. Today, law number 16 of the OSAGO contract obliges all car owners to take out insurance. We are talking about limited use, that is, use during a certain period, for example, snow blowers or sprinklers, each of which is used in its own season. In addition, limited use is considered to be the use of the vehicle only by the persons specified in the application.
Conclusion of the MTPL agreement
The MTPL insurance contract must include information about the object of the contract, that is, the car. It is necessary to indicate the owner of the vehicle, as well as the make, number and passport of the vehicle. The contract will indicate a list of insured events, which will distinguish between incidents for which you can count on compensation, and for which payments are not provided.
The contract will indicate the amount of the insured amount and the insurance premium. Another clause of the contract is a description of all the rights and obligations of the insurer and the one who issues the insurance, as well as the responsibilities of the parties. And finally, the contract will determine the validity period of the compulsory motor liability insurance, the procedure for concluding, amending and terminating the contract.
You can easily see a sample compulsory motor liability insurance contract application on the Internet. However, it is worth carefully checking its authenticity; fraud in the field of compulsory motor liability insurance is, unfortunately, widespread. It’s easy to prevent fraud; just check your insurance on the Rosgosstrakh website.
To conclude an MTPL agreement, you will need a number of documents:
- Identity card (for an individual);
- Certificate of state registration (for a legal entity);
- Application for conclusion of compulsory motor liability insurance;
- Vehicle registration document;
- Copy or original driver's license;
- Diagnostic card.
The MTPL policy must include all drivers who will be able to use the specified vehicle. In this case, if the person who has taken out insurance is going to use the vehicle, he will need to be added to the list of drivers along with the others. In another case, if you select an unlimited number of drivers, everyone who has a driver's license will get the right to drive a car.
How to conclude an MTPL insurance contract
You can conclude an agreement during a personal visit to the company’s office or remotely via the Internet. If you intend to contact the insurance company in person, you must:
- Prepare your documents in advance and come to the office during business hours.
- An employee of the company will give the applicant an application form for drawing up an insurance contract.
- After entering the information specified in the form, all that remains is to pay the cost of insurance and sign the contract prepared by the employees.
- When all the steps necessary to conclude a compulsory motor liability insurance agreement have been completed, the car owner receives a paper policy of the established form.
It is also possible to obtain insurance on the company’s official website. To do this, you need to enter information about the car, the car owner and the intended drivers in a special form. In essence, this is an electronic version of the application.
Reference! When applying for insurance online, it is important to provide up-to-date contact information. A letter with the policy number will be delivered to the email address entered into the system.
After sending the application, all you have to do is make payment in a convenient way.
Compulsory motor liability insurance agreement form sample
Among the conditions of compulsory motor liability insurance there is detailed information about the duration of the insurance. It can be issued at the time of sending the car for technical inspection. As you know, driving a car without compulsory motor liability insurance entails a fine, so you can take out insurance for this short period of time in order to receive compulsory motor liability insurance for a longer period in the future.
In addition, compulsory motor liability insurance can be issued for a year or for a period of time from three months. You can apply for an insurance renewal for the next period no earlier than 60 days before the expiration of the current compulsory motor liability insurance policy. Termination of the contract is carried out at the Rosgosstrakh office.
Compulsory motor liability insurance agreement sample
It is possible to significantly reduce the cost of insurance; the bonus-malus coefficient is responsible for this. KBM increases or decreases the price you will have to pay for insurance, depending on the presence of insured events due to the fault of the person who issued the compulsory motor liability insurance. The KBM is tied to the driver, so its class will remain the same even if the person changes cars.
It works quite simply:
- The coefficient reduces the price of compulsory motor liability insurance by 5% per year, subject to accident-free driving;
- The price of compulsory motor liability insurance will decrease by 50% if there have been no accidents due to the driver’s fault for 10 years.
A class system is used for multiple drivers using a vehicle. Each of them is assigned its own, and the calculation of the KBM is made according to the smallest of the classes. Moreover, in the event of an accident, the discount is removed only from the culprit; other drivers still have the right to a reduction in the cost of compulsory motor liability insurance.
There are 15 classes in total; changes to them for the driver are made once a year. Class 3 is considered the initial one; it is also established if the driver has interrupted his compulsory motor liability insurance for a period of more than a year. The system works like this:
Form of the MTPL agreement and its standard conditions
The legal force of an agreement depends on the correctness and literacy of its preparation and conclusion. The current civil legislation provides for the procedure and form for concluding an MTPL agreement and determines the mandatory conditions that must be contained in it.
In what form is the MTPL agreement concluded? What regulatory act contains the requirements for such an agreement? What standard conditions must be included in it? In what cases and if what conditions are not met will the MTPL agreement be considered invalid? We will answer these questions in this article.
The compulsory insurance contract is public, i.e. anyone can contact the insurer, who, in turn, is obliged to enter into an appropriate agreement. Unreasonable refusal is unacceptable and entails liability of the insurer. You can download the standard form of the MTPL agreement from the link.
The general provisions of civil liability insurance for vehicle drivers are prescribed in Article 940 of the Civil Code of the Russian Federation. According to this provision, MTPL insurance contracts are concluded only in writing. In this case, the policyholder must be issued an insurance policy, which is signed by the insurer. The policy is issued for each vehicle. Trailers are also a separate vehicle for which a policy must be issued.
The issues of compulsory insurance are provided for in more detail in the Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” No. 40-FZ with the latest amendments of 2017, as well as the MTPL Rules.
If the information reflected in the policy during the validity of the agreement changes, the policyholder is obligated to immediately notify the insurer in writing about this. The insurer makes appropriate changes to the contract. If these changes affect the amount of the annual insurance premium, a recalculation is made and the policyholder will have to make an additional payment.
Reasons for conclusion
To conclude a contract, the policyholder provides the insurer at the time of conclusion of the agreement:
- Statement. The application form is strict, it is determined by Order of the Ministry of Finance of the Russian Federation dated July 1, 2009 No. 67n. The application must contain all information about the policyholder (full name, etc.), information about the object of insurance (model, brand, year of manufacture, purpose of use), information about agreements concluded previously, as well as about insurance payments made on them, etc.
- Identity documents. From an individual, only a passport is required, from a legal entity - a certificate of state registration and a power of attorney from a representative (does not apply to cases of application from the head of a business entity). Information from these documents will also allow you to determine the coefficient for calculating the annual insurance premium.
- Document for the vehicle (registration certificate, technical passport, etc.). Only one of the above is provided.
- Driver's license. If there will be several drivers driving the car, then this document must be provided for each driver. It is not necessary to provide the originals; copies are sufficient.
- Diagnostic card.
If the information reflected in the policy during the validity of the agreement changes, the policyholder is obligated to immediately notify the insurer in writing about this.
Standard conditions
For MTPL agreements, standard conditions are provided that must be present in the document, otherwise it will not have legal force. These conditions are:
- information about the parties (data of the policyholder and the insurer);
- information about the vehicle whose driver insures his liability;
- information about the insurance object;
- information about events that will be recognized as insurance (the contract must describe the characteristics of the event with which the contract connects the payment of insurance amounts). Under the MTPL agreement, compensation is possible only for damage caused to the property of third parties, as well as harm to their life or health;
- validity;
- the amount of the insured amount.
This list of conditions is not exhaustive; the insurer has the right to expand the list of conditions and reflect in the document other conditions that are important for compulsory motor liability insurance. It is impossible to reduce the list of conditions at the request of the parties.
The policy issued to the policyholder must also contain certain information. These include information about the insurer as a business entity (location, address for postal correspondence, including all its branches and representative offices in the Russian Federation, contact phone numbers, information about working hours.
Violation of the terms of concluding a compulsory motor liability insurance agreement, entailing its recognition as invalid
A compulsory motor liability insurance agreement may be declared invalid in accordance with the established procedure. This can only be done in court. The plaintiff is the policyholder or insurer, most often the insurer, who must prove the existence of a violation of the terms of the contract.
Most often, policyholders violate the following conditions:
- distorted information about the policyholder is provided (age, driving experience, information about past contracts and insured events that occurred under them, etc.);
- information about the vehicle.
This false information forms the basis for determining the degree of insurance risks and affects the calculation of the insurance premium. If the conditions change after the conclusion of the agreement, failure to inform the insurer about this may also result in the document being declared invalid.
The insurer may also violate the terms of the compulsory motor liability insurance contract if it contains false information about the insurance company, which, for example, is not registered or does not have a license. This state of affairs, as a rule, occurs in the case of fraudulent actions of persons, which constitutes a criminal offense.
And only in the latter case, in order to invalidate the insurance contract, a decision of a judicial authority is necessary. If you go to court with a corresponding application and it is considered positively, one of the following decisions is made:
- the document is declared void, thus virtually everything remains as if it never existed;
- the insurer pays the policyholder a premium;
- the policyholder returns the insurance payment received, if any.
Most often, courts follow the principle of restoring the rights of the injured party, i.e. if such a document is concluded due to the fault of the policyholder, then the latter compensates all losses to the insurer, and vice versa.
If, however, services were provided under a contract that was declared invalid due to the insurer’s mistake, then the insurer receives an insurance premium from the policyholder for the period of provision of its insurance services.
Conclusion
The MTPL agreement is mandatory for all persons involved in transport management on the territory of the Russian Federation. Its absence entails administrative liability; forgery of a compulsory motor liability insurance policy or other illegal actions in order to avoid concluding a contract entail criminal liability.
