Legality of the electronic OSAGO policy
Mandatory procedure for issuing electronic MTPL policies and other innovations coming into force on January 1, 2017
On July 4, a law came into force that introduced several significant changes regarding compulsory motor liability insurance (Federal Law of June 23, 2016 No. 214-FZ “On Amendments to the Federal Law “On Compulsory Civil Liability Insurance of Vehicle Owners”; hereinafter referred to as Law No. 214-FZ). Let's take a closer look at these innovations and see if insurers and policyholders may encounter any difficulties in implementing the new requirements.
What changes should you prepare for?
Speaking about the changes introduced by the law, first of all, it is worth noting the obligation that has been imposed on all insurers - starting next year, they must sell electronic policies to every policyholder who has expressed such a desire (subparagraph “c”, paragraph 4 of article 1 of Law No. 214) . At the moment, let us remind you that issuing MTPL insurance policies electronically is only the right of insurance companies.
At the same time, the new law obliges insurers to ensure uninterrupted and uninterrupted functioning of their official websites (clause 6 of article 1 of Law No. 214). Anyone should be able to go to the insurer’s website and issue an electronic MTPL policy. The insurer is obliged to inform the Bank of Russia about all risks that may disrupt the functioning of the site.
The list of grounds giving the insurer the right to apply to the policyholder with a recourse claim has also been expanded (clause 3 of Article 1 of Law No. 214). From January 1, 2017, this will also include the provision by the policyholder, when concluding a compulsory motor liability insurance agreement, in electronic form of false information, which allowed an unreasonable reduction in the amount of the insurance premium. At the same time, the insurer, in addition to filing recourse claims against the policyholder in the amount of the insurance payment made upon the occurrence of an insured event, also has the right to recover money from him in the amount of the unjustifiably saved amount, regardless of the occurrence of the insured event (paragraph 7, subparagraph “c”, paragraph 4 of Art. 1 of Law No. 214).
In addition, the law has changed the procedure for making insurance payments. The results of an independent technical examination independently organized by the victim will not be taken into account when determining the amount of insurance payment if he did not present his damaged car for inspection and examination to the insurer. In this case, the insurer has the right to return the application for insurance payment submitted by the victim without consideration (subparagraph “b”, paragraph 1 of Article 1 of Law No. 214).
All these provisions will come into force in January next year.
Electronic policy and technical expertise: do innovations in the law on compulsory motor liability insurance violate the rights of the insured?
Of the envisaged innovations, two of the most significant can be identified:
- mandatory issuance of an electronic MTPL policy at the request of the policyholder;
- recognition of the results of an independent technical examination of the vehicle independently conducted by the victim as invalid.
Each of these provisions causes a lot of discussion from the expert community.
Thus, the sale of policies electronically is assessed as a clear advantage for policyholders. “It’s worth remembering just the multi-day queues for MTPL policies in the regions, and even with imposed insurances in addition,” notes managing partner of the Antiinsurer company, head of the Antiinsurer.rf portal Ilya Afanasyev . But for insurers, in his opinion, the introduction of such a procedure, on the contrary, is unprofitable: “This way they will not be able to maintain an artificial shortage of MTPL policies.”
MATERIALS ON THE TOPIC
About the procedure and during what period policyholders can refuse additional insurance services imposed on them, read the material “Cooling off period” in the field of voluntary insurance - what is it and why are they going to introduce it.”
President of the All-Russian Union of Insurers and RSA Igor Yurgens also sees a significant problem associated with the implementation of this requirement. But it is connected with something else: “Such an obligation for a company means that it needs to enter the Russian Federal Migration Service system in order to correctly apply the regional coefficient. And in order to install the correct KBM, you need to know the driver’s experience and other information available to the traffic police. There must also be a connection to their system. We need a common platform with the executive authorities, but this is not the case.”
At the same time, the head of the expert council on insurance legislation of the State Duma, president of the ANO “For Fair Payments” Alexander Koval is convinced that it is quite possible to create conditions for the system to work smoothly, if the insurers themselves want it, although it is unlikely to completely eliminate the factor of failures it will succeed.
Another problem not only for insurers, but also for policyholders is the increased risk of fraud associated with the issuance of such policies. “More than 220 thousand such policies were sold during the year. The leaders in sales of electronic policies were the Krasnodar Territory, Rostov and Volgograd regions, regions with the highest crime rates. Fraudsters buy up these policies, fill them out on behalf of the policyholders under various pretexts, and then demand that the rights of claim be transferred to them,” Yurgens is indignant. We are talking about persons who first promise to help fill out an electronic MTPL policy, and then insist on drawing up an agreement on the assignment of the right of claim to them under this agreement. According to the expert, about 10 billion rubles. The insurance market loses a year from the actions of such scammers. This issue will also need to be addressed before issuing electronic policies becomes the responsibility of insurers.
At the same time, Alexander Koval emphasizes that for the policyholder himself, the opportunity to receive an electronic policy is a right, and if desired, he can then receive the policy on a form in the office of the insurer or by mail.
As for the invalidity of the results of the independent examination carried out by the victim, experts attribute the emergence of this innovation primarily to abuses by car lawyers. “Representatives of insurance companies are invited to inspect the damaged car by telegram, and as a result, the insurers do not have time to arrive or, as they claim, come to a place where there is no damaged car at all,” comments Ilya Afanasyev. Alexander Koval also agrees with him: “Insurers have repeatedly given examples when insurance companies received a package of documents for payment by mail, when opened, it turned out that it contained, for example, blank sheets. However, after the package was sent, the victim and/or his lawyer had a legal opportunity to file a claim in court, since the law requires that before filing a claim, a claim for payment should be made to the insurer.” However, experts note that no evidence of such abuses or statistics was presented to the public.
On the one hand, Koval finds the requirement provided for by the new law to be objective - the insurer must inspect the damaged car in order to verify the fact of the accident, the nature of the damage, estimate the cost of repairs, the need to replace parts, etc. But on the other hand, he notes that the insurer had such a right even before the changes were adopted.
Alexander Koval, head of the expert council on insurance legislation of the State Duma, president of the ANO “For Fair Payments”
“The victim had the right, after sending a package of documents for payment to the insurance company, to wait five days and organize an independent examination himself. And then, after notifying the insurer, send the claim to court five days later. The new changes establish a completely different procedure, significantly complicating it for motorists who have been injured in an accident - now, in accordance with the adopted changes, the victim will have to send applications with attached documents to the insurer and wait for him to agree on a date for inspecting the car and/or an independent technical examination. And only after that can he try to get a payment or a reasoned refusal.”
As a result, the expert comes to the disappointing conclusion that the changes introduced by the law are aimed solely at protecting the interests of insurers. “Without the help of qualified lawyers, obtaining insurance payments becomes increasingly difficult,” he concludes.
The implementation of this requirement, according to Afanasyev, will only lead to delays in the payment of insurance compensation: “Agreeing on the time, place and date of inspection for insurers is not an easy and very responsible matter, so inspection dates, I am simply sure of this, will be set at the earliest border of the time “fork”. When it is convenient for insurers.” Thus, the expert is convinced that the infringement of the rights of drivers in this situation is simply obvious. “The first people to suffer from this will be those drivers who need to repair their car as quickly as possible, which, as often happens, is a means of earning money for the family,” he continues.
Thus, the intentions of the legislator can be considered good - firstly, the presented law is designed to increase the level of provision of insurance services, providing the ability to purchase policies remotely electronically, and secondly, it seeks to minimize abuse by unscrupulous auto lawyers when conducting an independent technical examination . However, the successful implementation of these innovations depends on a number of circumstances, including establishing interaction between insurers and executive authorities in terms of creating and improving the basis for issuing electronic OSAGO policies, monitoring and minimizing cases of fraud when issuing policies electronically, speeding up the technical procedure inspection of a damaged car by insurance companies, etc. How the new law will ultimately work, and whether policyholders and insurers will stumble over the pitfalls identified by experts, we will find out next year.
You have issued an electronic MTPL policy – what to show and how to present it to the traffic police inspector?
- You cannot present a file from your phone or not submit anything at all for a traffic police check.
- The only legally correct option is to show a printed electronic MTPL policy.
- At the same time, it does not matter whether the printout is black and white or color, and the size does not have to be A4.
- But there is no fine for failure to submit - as indicated by the Supreme Court of the Russian Federation.
The problem in 2019 is that the current version of the traffic rules obliges the driver to hand over to the traffic police officer, in addition to the STS and driver’s license, an insurance policy. But what if you have issued an electronic MTPL, how to properly present it to the traffic police inspector? Is it possible to show a file from a phone? Do I need to print it? Or, in this case, nothing needs to be submitted for verification? Let's find out all this!
How do traffic police officers check your insurance policy in 2019?
Everything is very simple. The current clause 2.1.1 obliges you to hand over for verification (namely hand over - in hand, and not just show):
- driver's license,
- registration certificate,
- OSAGO policy.
If with the first 2 points everything is extremely clear - although, according to the new laws, electronic rights are about to come, and after them the IT format can be acquired by STS, then with electronic insurance - not so much.
Many drivers suggest various options for the legal implementation of this paragraph of the Rules:
- show the traffic police inspector a photo of the electronic compulsory motor liability insurance,
- present a printed file,
- don’t show anything, because the policy is electronic!
But not all car enthusiasts from the above points are right. Moreover, you will often find incorrect information on various forums that you can display an electronic contract directly from your phone screen.
By the way, in 2019, almost any traffic police officer on the road has access to the electronic database of insurance contracts of the RSA (Russian Union of Auto Insurers). And he (the employee) can check the availability of insurance against this base.
How to present an electronic MTPL?
Does the above mean that the truth is that in the case of an electronic policy, the traffic police inspector does not need to show anything?
No . Now we get to the most important thing! Despite the employee’s ability to check the availability of insurance online right on the road, this does not negate the driver’s obligation to comply with paragraph 2.1.1 of the traffic rules, which clearly requires that he carry a document with him and, upon request of the police officer, hand over a document for verification.
In fact, there are no shortcomings in the legislation in 2019. This paragraph, for the sake of electronic MTPL policies, changed at the end of 2018, and today its current version is as follows:
2.1.
The driver of a power-driven vehicle is obliged to: 2.1.1. Carry with you and, at the request of police officers, hand over to them for verification:
- .
- an insurance policy of compulsory civil liability insurance of the vehicle owner or information printed on paper about the conclusion of a contract of such compulsory insurance in the form of an electronic document in cases where the obligation to insure one’s civil liability is established by federal law.
And now it becomes clear that when purchasing compulsory motor liability insurance in electronic form, you need to show the inspector a printout of the policy on paper.
How to print for presentation?
Please note that you should distinguish between the electronic policy that was sent to you by mail and simply data about the conclusion of the contract. When applying for e-OSAGO, some insurance companies send several letters by email, and only one of them contains the file that needs to be printed.
This electronic MTPL agreement is written on official letterhead; its series is written at the very top, which should begin with the letters “XXX”. And at the very bottom there should be information about the insurer’s electronic signature, which must be used to certify all such insurance purchased online.
Color or black and white?
In general, you will receive a black and white format of electronic insurance by email, so the question should disappear by itself. But formally, you can print it in any color - the main thing is that the policy is readable for a police officer.
In what size?
Is it necessary to print the policy electronically in A4 format, like a paper form? Not at all. The 2019 legislation does not directly require compliance with file size.
But again, if the policy is not readable for the traffic police inspector, then he may consider that in fact you did not show him anything for verification, since it will be impossible to identify that this is electronic insurance, that it belongs to you and is issued for your car .
In practice, the A6 format (the size of a registration certificate) may be acceptable for the legibility of the inscriptions on the insurance, but this depends on how clearly the characters are printed and, in general, how clear the file was sent to you by the insurance company.
The format of the driver's license will be very small and illegible and it is not advisable to show this size to the inspector.
What is the penalty if you don’t give anything or show it from your phone screen?
Many traffic police inspectors previously issued a fine for failure to comply with paragraph 2.1.1 of the Traffic Rules under Article 12.3, Part 2 of the Code of Administrative Offenses in the amount of 500 rubles for the driver not having insurance with him.
This sanction also includes a warning, but it is issued very rarely.
But the Supreme Court of Russia did not agree with this state of affairs, which in June 2019 issued a Resolution of the Plenum, in which it indicated that the absence of a printout of the policy does not entail a fine.
If the insurance policy was issued in the form of an electronic document, the failure of the driver to present it to the authorized official does not form the objective side of the administrative offense provided for in Part 2 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation.
Thus, although there is an obligation to carry with you and present to the traffic police officer for inspection an electronic compulsory motor vehicle liability insurance policy, there is no penalty for this by law.
What kind of database does the traffic police check?
As we have already indicated above, this is a unified database of RSA insurance contracts. You also have access to it by series and policy number. And once a year it is advisable to check it for reality against the backdrop of insurance scammers proliferating in recent years, selling “fake” insurance, including electronic ones.
- To check, go to the official website of RSA in the service for viewing insurance contracts.
- Select the series of your policy (all electronic compulsory motor liability insurance have the “XXX” series).
- Enter the policy number (it is written immediately after the series).
- Pass the robot check and click on the “Search” button.
As a result, you will receive a table with one row with data about your insurance contract. In the “Status” line it should be written “located by the policyholder”.
If the insurance status is listed as “held by the insurer” or no data was found at all, then 3 options are possible:
- you entered incorrect policy number data - double-check them,
- you bought electronic MTPL a few days ago, and the data in the database has not yet been updated - check a little later,
- your policy is fake, contact the place where you bought the insurance to file a claim.
Electronic OSAGO policy: what do you need to know about car insurance online?
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Digital technologies have firmly entered our lives. Today, almost any document can be completed online without leaving your home. This progress has also affected insurance companies, and today, an online MTPL insurance policy is far from uncommon. In this article, we will look at what an E-OSAGO electronic document is, what it looks like, how to format it correctly, and how convenient this service is.
What is E-OSAGO
E-OSAGO is an electronic document that is issued independently online through the appropriate service. You can receive your MTPL policy electronically to your email address.
E-OSAGO is an analogue of a regular paper document that a car owner receives when insuring a car.
If you wish, you can receive an electronic insurance policy on a familiar form - no earlier than one day after you apply for online car insurance (only business days are counted). Payment for postal services is at the expense of the client.
How does an electronic policy differ from a regular one?
When issued traditionally, a paper OSAGO policy is issued immediately; as for an electronic one, a copy of it can be delivered by mail if desired. However, this type of service is not provided by all services.
The main difference between an electronic car insurance policy is its virtuality. It can be compared to money on a card - it is not in your wallet, but you can pay with it. There are no other differences: insurance costs the same and is valid immediately upon receipt.
The rules for using them are slightly different:
- there is no full copy on paper;
- you cannot present a photocopy instead, as before;
- the document is checked in special databases, since there are no seals or holograms;
- You don’t even have to print it out - if the data is in the database, there will be no complaints against the driver.
Law on electronic MTPL policy
There is no separate law on E-OSAGO, but there are amendments adopted in 2015 to Federal Law No. 40 , confirming the legality of the electronic OSAGO policy.
When drawing up a virtual document, the same data is used as in the law “On OSAGO” for the paper version - they are located in the RSA (Russian Union of Motor Insurers) database:
- information about previous car insurance;
- information about the accident (if any);
- fines, payments under compulsory motor liability insurance, compensation for road accidents;
- driver’s personal data;
- car parameters.
The application form is filled out on the insurance company's website; instead of a real facsimile, an electronic signature is used - a combination of login and password that are set to enter the personal account of the policyholder - an individual ( Federal Law No. 63, 2011 ). An enhanced signature is required for legal entities.
An insurance contract requires the same grounds as for a paper document. The information provided by the policyholder is entered into the database.
The electronic policy is sent to the owner immediately after payment (during the working day).
Since 2017, the instructions of the Central Bank have come into force, aimed at limiting the possibility of an insurance company refusing to issue insurance remotely - insurance companies are required to adhere to the regulations for carrying out preventive work on sites - only at night with prior notification to clients. Breaks are also limited - no more than half an hour a day.
Continuous availability of insurance services is ensured by a “single insurance agent”. If the service is not available for one policyholder, you are given the opportunity to use the website of another company.
The law provides for a number of persons who will have to issue a policy only in person at the office:
- owners of newly purchased cars - due to lack of data in the database;
- drivers with new, first-time licenses (for the same reason);
- persons who provided data that does not correspond to reality (confirmation of data will be required);
- owners of cars that are registered in other states (will have to apply in person).
When applying again, these citizens will be able to issue documents remotely based on the data provided.
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What does a compulsory motor liability insurance policy look like in electronic form?
Electronic car insurance should look the same as in paper form. The electronic policy has the same structure as a paper document and the same green color. The only thing missing is the shiny protective scheme that is characteristic of a regular policy. The final form must contain a number. Without it, the document is considered invalid.
The issued insurance is sent to your personal Internet email in the form of an electronic document. When printing a paper version, you should use a high-quality printer to avoid dirt and blur.
Advantages and disadvantages of an electronic policy
Using an electronic OSAGO policy is convenient and saves time and money for the car owner:
- you can get it at home on your computer;
- certificates and papers are not required;
- the price of insurance is the same, and there is no need to waste time and gasoline;
- online service is available around the clock;
- you can take advantage of all discounts and promotions carried out by the company;
- when checking out, options are selected as desired without intrusive offers in the office;
- the virtual document will not be lost, it cannot be stolen - it is always available in your personal account;
- it can be printed or copied to a smartphone or tablet;
- fraud is practically excluded;
- there is no need to agree to the terms of local companies - you can choose any one.
While making life much easier for car owners, there are several drawbacks:
- owners of new cars will not be able to use the service - initial registration is carried out only in offices;
- novice drivers with new licenses are also deprived of the opportunity to obtain insurance remotely;
- checking the policy by a traffic police officer takes longer;
- inaccuracies and errors when filling out the form online will make the document invalid (this may also cause the insurer to refuse to pay compensation).
Having compared the pros and cons of an electronic document, we can conclude that there are more positive aspects.
Apply for an E-OSAGO policy for a car
Taking out a home insurance policy is easy. According to the law, the sale of MTPL insurance via the Internet is carried out by all insurance companies, so you just need to choose an insurer with suitable conditions.
Registration consists of several steps:
- Depending on the selected company, the cost of the document is calculated or a personal account is created.
- Fill out the form:
- full name;
- passport details;
- telephone;
- email address.
- After receiving the key to your phone number or email, you can use your account and fill out an agreement form with the insurance company.
If the client sees the need to receive a document on paper, an electronic policy is purchased with free home delivery.
Do I need to print out an electronic OSAGO policy?
After purchasing insurance online, it is not necessary to print out the policy; the driver is not required to carry a printout - the availability of compulsory motor liability insurance is checked against the database; a separate channel has been created for this purpose, to which traffic police officers have access.
At the same time, the absence of a seal and signature on paper should not worry the car owner - a seal on the electronic policy is not needed. The legal validity of the insurance is confirmed by an electronic signature, which the policyholder receives along with the virtual document.
When does the electronic policy come into effect?
According to the law, a document purchased on the website comes into force after 3 days . There is a special instruction from the Central Bank to indicate the appropriate date when filling out the application form. Such an extension of the validity period of the electronic MTPL policy prevents the possibility of prompt registration of the policy by citizens who drive without insurance.
How to make changes to the electronic OSAGO policy
You can change the data in the electronic policy in your personal account on the insurance company’s website by filling out an application form or, in the old fashioned way, by coming to the insurance company’s office with documents.
After checking the data and recalculating (if necessary), you are given the opportunity to make an additional payment.
A new version of the policy will be received within 2 business days. The countdown starts from the day the completed form is sent.
However, not all insurance companies provide the ability to correct errors online. Some only require an in-person office visit.
Why E-OSAGO does not work
Despite the support of the law, car owners sometimes have to face the fact that it is impossible to buy a compulsory motor liability insurance policy.
The reason is that insurers often find innovation extremely unprofitable:
- obstacles often arise in areas where high percentage payments are provided;
- Many companies consider the inability to convince a client to fork out for additional services as their lost profit.
At the same time, the service on the site works (as required by law), but when registering, the car owner receives system errors:
- problems with checking data using the RSA database;
- inability to make payments from a card or account;
- Car data does not pass through.
In this case it is recommended:
- fill out the form several times - if a technical failure is accidental, then everything will work out;
- check whether the owner or the car is subject to restrictions established by law;
- go to the website of another insurance company.
In order not to waste time, before purchasing a policy, you can select several companies that meet the conditions.
When can you buy an electronic MTPL policy without a diagnostic card?
The opportunity to obtain insurance without a technical inspection is not available to everyone - owners of cars that are less than three years old are entitled to this.
To do this, the insurer is provided with a vehicle passport - the age of the car is determined by the date of its issue. Often the date of purchase and the date of issue of the PTS do not coincide. Thus, it turns out that the owner of a virtually new car, which was produced four years ago, is still required to undergo technical inspection.
A service has also appeared in which the insurer attaches to the policy an agreement for a car inspection. This is usually a station with which the company has an agreement - the owner must visit it after receiving the policy.
It is possible to take out insurance without a diagnostic card, but you cannot always be sure of the authenticity of the insurance policy. Any check by a traffic policeman will reveal the absence of a document in the electronic database. To avoid problems, it is best to issue an electronic policy with a diagnostic card, as required by law.
Reviews about the electronic OSAGO policy
Despite all the convenience of the service, reviews about registration of compulsory motor third party liability insurance online are far from clear. A little more than half of the clients who tested it on themselves recommend using this service. It is often noted:
- interruptions in the operation of the service, delays in checking data;
- lengthy processing;
- drivers who are familiar with the insurance market have the highest chances of obtaining insurance;
- convenient and excellent service, provided it works correctly;
- The easiest way to apply for E-MTPL is with the help of insurance brokers.
Some drivers spent several days doing this activity, so the service cannot be called absolutely accessible.
Law on electronic MTPL policy
The law on the electronic MTPL insurance policy was not adopted as such; legislators in 2015 adopted only amendments to the already existing Federal Law No. 40 “On MTPL”, as it is popularly called. It was thanks to these amendments that such an innovation as electronic insurance appeared. Some insurance companies echoed the new trends and voluntarily introduced an online registration service, while others ignored the possibility of remote registration for various reasons. However, already in January 2017, another amendments came into force - what interesting things did they bring?
What the law says
The use of existing electronic MTPL policies is increasingly becoming part of everyday life, and the basis for this was laid back in 2015, fully regulating the procedure for its registration.
All data that is used when obtaining a document is based on information obtained in the unified RSA database, including information about previously concluded insurance, accidents that have occurred and payments for them, KBM, the driver and his vehicle.
The application is filled out directly on the car insurer’s website and certified with a simple electronic signature, in accordance with clause 7 of Art. 15. If we refer to Federal Law No. 63 of 2011 “On Electronic Signature”, this term is usually understood as combinations of a password and login to a personal account, which confirm that the application was sent by this particular person. If insurance is issued for a car of a legal entity, then an enhanced electronic signature is required.
The policy, in accordance with the same paragraph 7., is concluded on the basis of the same information that is usually provided by the purchaser upon receipt of a paper policy. e-OSAGO is sent immediately after non-cash or cash payment, and no later than 1 business day after payment. At the same time, the company employee must enter information into the RSA database.
Actions to reissue an electronic policy are also provided for in the law. In order to enter or change certain data, you will still need to send an online application to the insurer requesting changes to the document. If necessary (for example, when you need to register one more person), an additional payment is made at the established rates. Within 2 days, the company must either provide the policy with changes made to it, or notify the citizen that re-issuance is impossible for any reason.
New amendments
A new law on compulsory car insurance is starting to work, and the reason for this was the amendments that were introduced by Federal Law No. 214 back in June last year. The most important of them is the introduction of mandatory (that’s right!) electronic compulsory motor liability insurance. That is, now absolutely every licensed insurance company is required by law to provide the opportunity to issue a policy using the Internet. There should be a corresponding notice about this on the insurer's website. This obligation is specified in clause 7.2 of Art. 15 of the Law “On Compulsory Motor Liability Insurance”.
From the beginning of 2017, the instructions of the Central Bank of the Russian Federation, which also relate to e-MTPL, will come into force. They reduce the likelihood of minor fraud by auto insurance companies. The fact is that many vehicle owners have noticed that companies use various technical tricks (long technical work, etc.) in order not to provide remote policy issuance services. Now all technical work must be carried out at night, and a corresponding notification must appear on the site 24 hours in advance, and interruptions in the operation of the portal should not exceed 30 minutes per day.
If, due to technical problems, it is impossible to obtain insurance, the car owner will be asked to go to the website of another company.
Who will be denied e-OSAGO?
Anyone can receive an electronic MTPL policy, but the law, as usual, also provides a list of persons who are deprived of the opportunity to receive it. This includes:
- Owners of new vehicles purchased from a showroom. If the car did not have previous owners and was not registered, then it will not be possible to obtain insurance remotely.
- If a driver who has only recently received a driver’s license starts applying for an online policy, he will be refused. The thing is that there is no data about the person in the RSA database, therefore, it will not be possible to verify their authenticity.
In the cases listed above, there is only one way - to visit the insurance company in person and purchase compulsory motor liability insurance yourself, submitting the necessary documents. And next year, when the document expires and you need to renew it, you will be able to do this via the Internet.
Persons who provide information that is untrue or intentionally distorted will also be refused to enter into a compulsory car insurance contract. This type of insurance is not intended for owners of cars registered in a foreign country and temporarily located in Russia, since there is no data about such persons in the database. This means that in such a case, registration is possible only after a personal visit.
Questions about e-OSAGO
Despite the fact that the possibility of obtaining compulsory motor liability insurance in electronic form was introduced back in 2015, many questions still arise about this, and they mainly concern how exactly such insurance works and whether it is legitimate.
It’s worth saying right away that electronic OSAGO has no differences from paper OSAGO, even the price remains the same. It begins to operate immediately upon receipt by the policyholder. A copy of the paper is sent to the specified email, but it continues to be stored in your personal account on the insurer’s website. If a paper policy is more familiar, you can always order it by mail, paying the shipping costs, and after a few days the strict reporting form will arrive at the specified address.
Another important question is what to show the traffic police inspector when he stops a vehicle to check documents. In clause 7.2 of Art. 15 states that a document received electronically is equivalent to a paper document. This means that you can simply print it out in order to present it both when checking documents and during registration actions at the MREO. The fact is that now traffic police departments and inspectors have a dedicated channel for checking the authenticity of compulsory motor liability insurance in the RSA database, therefore the presence of a strict reporting form is not a mandatory fact.
Legality of the electronic OSAGO policy
On October 29, a new version of the law on compulsory motor liability insurance came into force, seriously changing the procedure for issuing an insurance policy. One of the most important innovations affected electronic MTPL policies: this document no longer needs to be printed on strict reporting forms, explained the Russian Union of Auto Insurers (RUA). Starting from this day, traffic police inspectors can simply show the image on their phone or print out an electronic document on plain paper. Corresponding changes should appear in the traffic rules in the near future.
“The changes to paragraph 1 of Art. have come into force. 32 of the Federal Law “On compulsory insurance of civil liability of vehicle owners.” Now an MTPL agreement, concluded in the form of an electronic document, can be provided to traffic police officers by demonstrating the electronic document that insurance companies send to the policyholder’s email. You can also show the inspector a document posted in the MTPL policyholder’s personal account on the insurer’s website, or a copy of it printed on paper,” the RSA clarified.
Thus, the obligation to provide police officers with a printout of the electronic policy is completely excluded from October 29. You can only show the document in electronic form. But if drivers are still afraid that when stopped by a traffic police officer they may not have access to the Internet, then it is better to print out the compulsory motor liability insurance policy on paper in advance or download it from your personal account and take a paper copy with you.
The Ministry of Internal Affairs of Russia used the same wording for explanations, according to which an insurance policy can be submitted for inspection at the request of police officers on paper, and in the case of concluding a compulsory motor liability insurance agreement in electronic form - in the form of an electronic document or a copy thereof on paper. However, now it is impossible to fine a driver with an electronic policy for 500 rubles. according to Part 2 of Art. 12.3 of the Code of Administrative Offenses of Russia for the absence of a document in paper form. In case of connection problems, the verification may take some time. The Russian Ministry of Internal Affairs did not specify which one.
“If the driver only has an electronic policy, the fact of concluding a compulsory insurance contract will be verified by an employee of the State Traffic Inspectorate by requesting information about him in the automated compulsory insurance information system, which may require some time. If the driver does not agree with the decision made in the case of an administrative offense, he can exercise his right to appeal it in the manner prescribed by Chapter 30 of the Code of Administrative Offenses,” the Ministry of Internal Affairs said.
The Ministry of Internal Affairs also reminded that driving a vehicle whose owner has not fulfilled his obligation to insure civil liability is classified as a violation of Part 2 of Art. 12.37 of the Administrative Code and entails a fine of 800 rubles. And driving a vehicle in violation of the terms of the compulsory insurance contract contained in the insurance policy, including driving by a person not specified in the insurance policy, is under Part 1 of Art. 12.37 of the Administrative Code, for which a fine of 500 rubles is imposed.
If the driver is insured and received a policy on a form from the insurer as a supporting document, but did not have the document with him at the time of the inspection, his actions fall under the definition of Part 2 of Article 12.3 of the Administrative Code. The inspector may issue such a forgetful motorist a warning or fine him 500 rubles.
The head of the RSA, Igor Yurgens, spoke about other fundamental innovations. In particular, entering false information into a compulsory motor liability insurance policy is now equivalent to its absence. It turns out that if the driver provided false information not only under electronic OSAGO policies, but also under paper contracts, which resulted in an unreasonable reduction in the premium, the insurer receives the right of recourse. This means that the insurer will compensate for the damage to the victim, but after that will recover the amount of loss from the culprit of the accident.
“We conducted a large-scale experiment to verify OSAGO policies using cameras on the roads, which showed that half of the recipients of “chain letters” who contacted the union about the lack of insurance did not know that they were driving with a fake OSAGO policy,” said Yurgens. “Further analysis of the situations showed that a number of policies contained inaccurate information about the vehicle or region, which led to an understatement of the policy price.”
The head of RSA also added that the organization is creating barriers to this kind of fraudulent activity in the new MTPL information system, and warned about the risks of driving with such policies: “Save 1–2 thousand rubles. at the stage of purchasing a policy, entering false data into it can ultimately result in a loss for them of hundreds of thousands of rubles.” To avoid unpleasant surprises, RSA recommended checking your policies through the services available on the official website of the union, or contacting your insurer.
Changes in the law gave insurers the right to apply recourse (cases in which the driver will have to return to the insurance company the amount paid by the organization instead of the person at fault for the accident) in a number of new situations. Now this means refusal of a medical examination and use of alcohol, narcotic, and psychotropic substances after an accident.
Other changes in the law suggest that if the owner of the vehicle has submitted an improperly completed application and (or) an incomplete set of documents, the insurer is obliged to notify the motorist about this on the day of the application. In addition, RSA will assign a unique number to the MTPL agreement. The amendments also specify that the electronic MTPL agreement is concluded with the owner of the vehicle, and not just with an abstract person. In addition, if, when concluding an electronic MTPL contract, inaccurate information is revealed, then the opportunity to pay the premium will not appear on the insurer’s website. In this case, the insurer will notify the driver of the need to adjust the application.