Regulations on the rules for conducting an independent technical examination of a vehicle. On the rules for conducting an independent technical examination of a vehicle Bank Regulation 433

Auto Insurance: New OSAGO. Faster, higher, more expensive

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The Bank of Russia has completed the reform of the legal framework for motor insurance: new tariffs and rules for compulsory motor liability insurance, the procedure for assessing damage, as well as standards for comprehensive insurance have been approved. Compulsory insurance policies will rise in price by a maximum of 30%, but in return, car owners will receive increased payments in a short time and a simplification of the procedure for registering an accident.
Requirements for insurers, in turn, have been tightened. They are forced to sell more expensive policies at low prices, and any delay in payment can result in penalties at the rate of 365% per annum.

The reform is associated with changes in the legislation on compulsory motor liability insurance, as well as the transfer of powers of the insurance market regulator to the Bank of Russia.

What is the price?

Almost the only positive change for insurance companies (and unpleasant for their clients) is an increase in tariffs. According to the instructions signed by the head of the Bank of Russia, Elvira Nabiullina, the maximum base rates are increased by 30%.

Market participants themselves have ambivalent assessments of the new price list. First Deputy General Director of the ASK insurance company Yuri Berkhman considers the increase to be proportionate. “It is still difficult to assess the possible increase in unprofitability, the level of accidents, and so on. For example, most spare parts are foreign-made, and therefore prices depend significantly on the ruble exchange rate,” he says.

Vitaly Knyaginichev, who heads the retail business directorate of the insurance company Ingosstrakh, is even less optimistic. “If we are guided by actuarial estimates, then in order to stabilize the MTPL market and overcome crisis problems it is necessary to increase the tariff by 38-44%. The measures taken to increase tariffs by 23-30% with a simultaneous expansion of the coverage limits of the MTPL policy and under the “European protocol”, the introduction of a natural form of compensation for harm and other legislative innovations, unfortunately, will not give the expected anti-crisis effect, since today they are insufficient,” – Vitaly Knyaginichev is convinced.

The pessimistic assessments of insurers are confirmed by statistics. Tariffs for compulsory motor liability insurance have not changed since 2003. While the cost of some auto repair work has increased three or even five times over the years, imported cars themselves have risen in price by one and a half times. In addition, comprehensive insurance tariffs, which reflect the real loss-making effect of vehicle insurance, have increased sixfold in St. Petersburg over the past decade.

Bargaining is appropriate

The increase in tariffs for compulsory car insurance is not at all connected with inflation, the ruble exchange rate, the level of accidents, and so on. Those who purchased MTPL policies from October 1 have the right to expect increased payments for cars damaged in an accident - up to 400 thousand rubles (the current restrictions were 120 thousand for each victim with a total limit of 160 thousand rubles).

At the same time, insurers have a “fork”: they can reduce the price of policies by up to 5% of the maximum tariff. Vitaly Knyaginichev considers such a delta insufficient. “You shouldn’t expect much competition with such a run. We have repeatedly stated that a tariff corridor of 25-45% could give insurers the basis for effective and high-quality work,” notes Knyaginichev.

Other market participants believe that the introduction of even a tiny “corridor” will create price competition in both the retail and corporate markets. “As a matter of fact, the market itself will appear - now there is none: the price of policies is fixed, the conditions are also fixed,” a representative of one of the companies is convinced. – Motorists in the capital’s regions will be the first to receive discounts: the level of payments in St. Petersburg and Moscow has recently not exceeded 60%. There will be an opportunity to compete for government orders, rather than fight for the right to submit an application first (by lining up at night or bribing officials). Although it cannot be ruled out that very soon insurers’ prices will hit the lower limit, so for the benefit of the common cause, it would be logical to abolish it altogether,” the insurer is convinced.

20 days to think about it

The Bank of Russia also approved new rules for compulsory car insurance. One of its main innovations, again dictated by changes in federal law, is the reduction from 30 to 20 calendar days of the period for consideration of an application for payment (this period now does not include non-working holidays). For each day of delay, the insurer will have to pay a penalty in the amount of 1% of the disputed amount (that is, 365 per annum). Although lawyers note that, by law, the penalty cannot exceed the amount of the principal debt - after a three-month delay, the insurer no longer risks anything and can delay payment further. In addition, when considering a dispute, the court may reduce the amount of the penalty if it considers it not proportionate to the violation, as well as in the presence of force majeure, or if the delay was due to the fault of the victim himself.

At the same time, a client who does not agree with the refusal to pay or considers the proposed amount to be too low has the right to file a claim against the insurance company only after following the claim procedure. The insurer is given only five working days to consider the complaint.

Other requirements for car owners are also being tightened: they are required to submit a completed accident notification to the insurance company within a maximum of five working days (current rules provide as much as three weeks). Additional documents will need to be presented to victims (passengers, pedestrians and other road users).

The new rules allow the issuance of a compulsory motor liability insurance policy in the form of an electronic document. In addition, to conclude an agreement, it is not necessary to present photocopies of the licenses of all drivers included in the policy. It is enough to indicate their data (last name, first name and patronymic, date of birth, series and number of the driver’s license, driving experience of a vehicle of the corresponding category).

Autumn Marathon

A package of new documents (tariffs, insurance and examination rules, requirements for direct compensation and others) on compulsory motor liability insurance has already been signed and registered with the Ministry of Justice; official publication is expected in the near future. However, they will come into force only when the Russian Government recognizes the existing legal acts as no longer in force. When this will happen is unknown.

Meanwhile, amendments to the legislation have already entered into force. As a result, insurers are now forced to sell policies at the “old” prices, and payments for them will be made in an increased amount. Legal uncertainty will also have a negative impact on bona fide clients. For example, the rule on the mandatory claims procedure for considering disputes under compulsory motor liability insurance has been in effect since September 1 - without compliance with it, the courts have no right to accept claims. Whereas the requirements for the claim itself and the procedure for filing it are not yet in effect.

Casco without traffic police

Another instruction, signed by Elvira Nabiullina, will affect the rights of holders of comprehensive insurance and DSAGO policies (voluntary insurance, also known as “extension”). They have the right to register an accident within the framework of the “European protocol”.

Until now, the simplified procedure only applied to payments under compulsory motor liability insurance. The drivers of two colliding cars could record the incident without calling the traffic police, if no people were injured in the incident, its circumstances did not cause controversy, and the damage to property did not exceed 25 thousand rubles (from August 1, this limit was increased to 50 thousand). However, in order to receive compensation for comprehensive insurance, many insurance companies required the mandatory presentation of a traffic police report. Such conditions, spelled out in the contracts drawn up by the insurers themselves, deprived participants in road accidents of the opportunity to save time and clear the roadway of damaged cars.

Now insurance companies will be required to pay compensation under comprehensive insurance and motor vehicle liability insurance if the client complies with the “Euro protocol”. Moreover, if the accident occurred on the territory of St. Petersburg, Moscow, Leningrad or Moscow regions and was recorded using special technical means (photo, video cameras and GLONASS navigators), then the payment limit will be 400 thousand rubles.

According to Yuri Berkhman, such an amendment is the path to a civilized insurance market. “We have been using the “Euro protocol” for comprehensive insurance for a long time. If the state has introduced a simplified procedure, then the citizen has the right to use it. In addition, video recording and positioning are even better evidence than a traffic police certificate. After all, by the time the police arrive, drivers can falsify the circumstances of the incident (move cars, etc.),” the insurer is convinced.

New requirements for motor insurance and motor insurance contracts will come into force ten days after the official publication of the instructions of the Bank of Russia, which is expected at the beginning of next week. But of the largest insurers, only the RESO-Garantia company managed to make the appropriate amendments to their contracts, while the rest continue to demand a protocol from their clients. For example, the Alliance company prohibits removing the car and touching objects related to the accident in the event of an accident, as well as evacuating the car without the permission of the inspector. At the same time, the website offers a compromise option: “If, as a result of an accident, a traffic jam has formed on the road and the movement of other vehicles has become impossible, you can clear the roadway, but only after you have drawn up a diagram in which you have recorded the position in the presence of witnesses.” vehicles,” the company notes.

Rosgosstrakh also makes conflicting demands on car owners. On the one hand, the company’s website states that it is prohibited to move anything until the arrival of traffic police officers. On the other hand, the terms of the comprehensive insurance agreement, which came into force on October 1, allow for the payment of compensation without “providing documents from the competent authorities” if only one part of the vehicle is damaged as a result of the incident. part of the body, one glass, one headlight (lighting device) or mirror is broken. The company's press service declined to comment on the innovations.

But at the time of the occurrence of the insured event, this provision of the Central Bank and the methodology itself did not yet exist.

Answer

Indeed, this applies to legal relations from 10/17/2014; before that, normative, methodological and other documents used in conducting the examination were applied, approved jointly with the federal executive authorities, which are entrusted with state regulation in the field of transport, in the field of justice and in the field of internal affairs. However, your dispute will be resolved in court, because insurers never change their decision, and in court a forensic examination will be appointed, the expert of which will act according to the current methodology. Since at the date of the accident there was already a legal requirement that an independent technical examination be carried out according to the rules, approved by the Bank Russia (Federal Law of April 25, 2002 No. 40-FZ).

Therefore, in a dispute with the insurer, you can refer to the fact that the assessment you presented complies with the law, but at the same time, the court will still need to enlist the support of an expert.

Valid in accordance with the Explanatory Note to With According to the Federal Law of July 23, 2013 No. 251-FZ, until the regulatory acts of the Bank of Russia enter into force, the adoption of which is within the competence of the Bank of Russia indicated, the regulatory legal acts of the Government of the Russian Federation and the regulatory legal acts of the federal executive authorities of the Russian Federation are applied. Thus, before the entry into force of the Regulation, the resolution is subject to application.

The cost of one standard hour is determined as the arithmetic average of the results of sample observation.

The types and quantities of materials used for a specific type of repair work are determined in accordance with the regulatory and technical documentation regulating the technology of work on the restoration of vehicles (vehicle repair manuals, vehicle repair technologies, etc.). (See " Regulations on the maintenance and repair of vehicles owned by citizens (cars and trucks, buses, mini tractors)", approved.)

The rationale for this position is given below in the materials of the “Lawyer System” .

A professional help system for lawyers in which you will find the answer to any, even the most complex, question.

Regulation of the Bank of Russia dated September 19, 2014 No. 433-P Registered with the Ministry of Justice of the Russian Federation on October 1, 2014 Registration No. 34212 Regulation of the Bank of Russia dated September 19, 2014 No. 433-P “On the rules for conducting an independent technical examination of a vehicle” Based on Article 12.1 of the Federal Law of April 25, 2002 No. 40-FZ “On compulsory insurance of civil liability of vehicle owners” (Collected Legislation of the Russian Federation, 2002, No. 18, Art. 1720; 2003, No. 26, Art. 2566; 2005, No. 1, Art. 25; 2006, Art. 4942; Art. 6236; Art. 17; Art. 6420; Art. 1, Art. 4; No. 27, Art. 4291; Art. 4320; 2013, No. 19, No. 30, Art. 4084, No. 30, Art. 4224) this Regulation approves the rules for conducting an independent technical examination of the vehicle. 1. The objects of an independent technical examination (hereinafter referred to as the examination) are: the victim’s vehicle or the remains of the victim’s vehicle; other vehicles submitted for examination that were involved in the traffic accident; other objects involved in a traffic accident in which the victim’s vehicle was damaged and the investigation of which is necessary to establish the circumstances and causes of damage to the vehicle. 2. The examination is carried out on the basis of: registration documents for the vehicle; documents about the traffic accident handed over to the insurer by the victims (or copies thereof); certificate of traffic accident (if available); referrals for examination if there is an agreement for expert services concluded between an expert organization (expert technician) and the insurer; other documents drawn up on the fact and circumstances of the traffic accident. 3. To conduct an examination, the insurer, the victim, who has received a referral for examination from the insurer or who orders the examination independently in the case where the insurer has not organized an examination of the victim’s vehicle within the prescribed period, or who has ordered a repeat examination, engages an expert technician (expert organization) on the basis the corresponding agreement. 4. The primary examination is carried out by an expert technician (expert organization) at the request of the insurer (victim). If the insurer (victim) disagrees with the conclusions of the initial examination, a re-examination is carried out by another expert technician (expert organization) who did not conduct the initial examination, on the same issues and grounds. An additional examination is carried out by an expert technician (expert organization) at the request of the insurer (victim) to investigate additional issues or circumstances that were not considered in the initial examination or re-examination. 5. When conducting an examination, an expert technician (expert organization) has the right to: request from the insurer (victim) the information necessary to conduct the examination; receive from the insurer (victim) clarifications and additional information necessary to carry out the examination; involve other expert technicians (expert organizations) and specialists in the examination. 6. When conducting an examination, the expert technician (expert organization) is obliged (obliged): to inform the insurer and the victim about the impossibility of his participation in the examination in the event of circumstances that impede the examination; ensure the safety of documents and research objects received from the insurer (victim) and third parties during the examination; not to disclose confidential information obtained during the examination and the results of the examination, except for cases provided for by the legislation of the Russian Federation. Circumstances that prevent an expert technician (expert organization) from conducting an examination include cases when: the expert technician (expert organization) is a founder, owner, shareholder, policyholder (client) or an official of the insurer; the expert technician or at least one of the expert technicians of the expert organization is closely related to the victim; the insurer (victim) is the founder, owner, shareholder or official of the expert organization. 7. Costs associated with organizing and conducting a re-examination are paid at the expense of the initiator of its conduct, unless otherwise established by agreement between the insurer and the victim. When organizing a repeated examination, the expert technician (expert organization) must be notified (must be notified) by the initiator of its conduct of the existence of an already conducted examination, and the other party (the insurer or the victim) must be notified in writing in advance of the place and time of the repeated examination. If the initiator of the examination (the insurer or the victim) has no objections to the content of the existing inspection report of the damaged vehicle, then the examination can be carried out without inspecting the vehicle, on the basis of the existing report, with a mandatory indication of this in the expert report. 8. The examination ends with the drawing up of an expert opinion, drawn up in writing. The expert opinion must include: full name, legal form, location of the expert organization / surname, first name, patronymic (if any), place of residence, date of state registration of an individual as an individual entrepreneur and details of the document confirming the fact of inclusion in the unified state register of individual entrepreneurs, records of the specified state registration; serial number and date of compilation; the basis for conducting an examination of the vehicle (with details); surname, name, patronymic (if any) of the victim - an individual, or the full name and location of the victim - a legal entity; a list and description of objects presented by the insurer (victim) for examination during the examination, as well as complete details of the vehicle, including mileage and date of start of operation; date of damage to the vehicle (date of the traffic accident); details of the policyholder's vehicle (indicating the fact of its inspection or indicating the document from which information about the vehicle was obtained); information about documents, including insurance policies for compulsory civil liability insurance of the victim and perpetrator of a road traffic accident, reviewed during the examination process, and the full names of the insurance organizations that issued them; issues that require resolution during the examination process; a list of regulatory, methodological, information, software and other software used during the examination; description of the studies performed; restrictions and limits of application of the obtained examination results; conclusions about the circumstances for which the expert technician (expert organization) was not asked questions, but which he (she) established during the examination process; conclusions in general on the examination and each of the questions posed. 9. The conclusions of the expert opinion are presented in the form of answers to the questions posed in the sequence in which they were posed. Each question must be answered essentially in terms that do not allow ambiguous interpretation, or the reasons for the impossibility of answering must be indicated. Conclusions about the circumstances for which the technical expert (expert organization) was not asked questions, but which he (she) established during the research process, are set out at the end of the conclusion. 10. The expert opinion is signed personally by the expert technician who directly performed the examination. An expert opinion prepared by an expert organization is signed in hand by the expert technician who directly performed the examination, approved by the head of this organization and certified by its seal. The expert opinion is bound (indicating the number of sheets stitched) and handed over to the initiator of the examination against signature or sent by mail with acknowledgment of delivery. Copies of expert opinions and other documentation related to the examination must be stored by an expert technician (expert organization) for three years. 11. This Regulation is subject to official publication in the “Bulletin of the Bank of Russia” and in accordance with the decision of the Board of Directors of the Bank of Russia (minutes of the meeting of the Board of Directors of the Bank of Russia dated September 16, 2014 No. 27) comes into force on the date of entry into force of the resolution of the Government of the Russian Federation on declaring invalid the Decree of the Government of the Russian Federation of April 24, 2003 No. 238 “On the organization of independent technical examination of vehicles” (Collected Legislation of the Russian Federation, 2003, No. 17, Art. 1619). Chairman of the Central Bank of the Russian Federation E.S. Nabiullina

Bank of Russia Regulation No. 433-P dated September 19, 2014 was adopted on the basis of paragraph 2 of Article 121 of Federal Law No. 40-FZ dated April 25, 2002 “On compulsory civil liability insurance of vehicle owners.”

The Regulations approve the rules for conducting independent technical expertise. The regulation, in particular, establishes:
. objects of independent technical expertise;
. grounds for conducting an independent technical examination;
. the procedure for the actions of persons when conducting an independent technical examination;
. requirements for the content of the expert opinion.

According to Part 1 of Article 49 of the Federal Law of July 23, 2013 No. 251-FZ “On amendments to certain legislative acts of the Russian Federation in connection with the transfer to the Central Bank of the Russian Federation of powers to regulate, control and supervise in the field of financial markets” before entry into force regulatory acts of the Bank of Russia, the adoption of which is within the competence of the Bank of Russia by the specified Federal Law, regulatory legal acts of the Government of the Russian Federation and regulatory legal acts of the federal executive authorities of the Russian Federation are applied. Thus, before the entry into force of the Regulations, Decree of the Government of the Russian Federation dated April 24, 2003 No. 238 “On the organization of independent technical examination of vehicles” is subject to application.

Registered by the Ministry of Justice of the Russian Federation on October 1, 2014. Registration No. 34212.

Based on Article 121 of the Federal Law of April 25, 2002 No. 40-FZ “On compulsory insurance of civil liability of vehicle owners” (Collected Legislation of the Russian Federation, 2002, No. 18, Art. 1720; 2003, No. 26, Art. 2566; 2005 , No. 25; 2006, No. 4942; No. 29; 2008, No. 3616; 52, art. 6236; 17, art. 52, art. 6438; , No. 1, Art. 4; No. 27, Art. 4291; 4319, Art. 4320; 2013, No. 2331; 2014, No. 30, Art. 4224) these Regulations approve the rules for conducting an independent technical examination of the vehicle.

1. The objects of independent technical expertise (hereinafter referred to as the expertise) are:
the victim's vehicle or the remains of the victim's vehicle;
other vehicles submitted for examination that were involved in the traffic accident;
other objects involved in a traffic accident in which the victim’s vehicle was damaged and the investigation of which is necessary to establish the circumstances and causes of damage to the vehicle.

2. The examination is carried out on the basis of:
registration documents for the vehicle;
documents about the traffic accident handed over to the insurer by the victims (or copies thereof);
certificate of traffic accident (if available);
referrals for examination if there is an agreement for expert services concluded between an expert organization (expert technician) and the insurer;
other documents drawn up on the fact and circumstances of the traffic accident.

3. To conduct an examination, the insurer, the victim, who has received a referral for examination from the insurer or who orders the examination independently in the case where the insurer has not organized an examination of the victim’s vehicle within the prescribed period, or who has ordered a repeat examination, engages an expert technician (expert organization) on the basis the corresponding agreement.

4. The primary examination is carried out by an expert technician (expert organization) at the request of the insurer (victim).
If the insurer (victim) disagrees with the conclusions of the initial examination, a re-examination is carried out by another expert technician (expert organization) who did not conduct the initial examination, on the same issues and grounds.
An additional examination is carried out by an expert technician (expert organization) at the request of the insurer (victim) to investigate additional issues or circumstances that were not considered in the initial examination or re-examination.

5. When conducting an examination, an expert technician (expert organization) has the right to: request from the insurer (victim) the information necessary to conduct the examination; receive from the insurer (victim) clarifications and additional information necessary to carry out the examination; involve other expert technicians (expert organizations) and specialists in the examination.

6. When conducting an examination, the expert technician (expert organization) is obliged (obliged): to inform the insurer and the victim about the impossibility of his participation in the examination in the event of circumstances that impede the examination; ensure the safety of documents and research objects received from the insurer (victim) and third parties during the examination;
not to disclose confidential information obtained during the examination and the results of the examination, except for cases provided for by the legislation of the Russian Federation.
Circumstances that prevent an expert technician (expert organization) from conducting an examination include cases when:
an expert technician (expert organization) is a founder, owner, shareholder, policyholder (client) or an official of the insurer;
the expert technician or at least one of the expert technicians of the expert organization is closely related to the victim;
the insurer (victim) is the founder, owner, shareholder or official of the expert organization.

7. Costs associated with organizing and conducting a re-examination are paid at the expense of the initiator of its conduct, unless otherwise established by agreement between the insurer and the victim.
When organizing a repeated examination, the expert technician (expert organization) must be notified (must be notified) by the initiator of its conduct of the existence of an already conducted examination, and the other party (the insurer or the victim) must be notified in writing in advance of the place and time of the repeated examination. If the initiator of the examination (the insurer or the victim) has no objections to the content of the existing inspection report of the damaged vehicle, then the examination can be carried out without inspecting the vehicle, on the basis of the existing report, with a mandatory indication of this in the expert report.

8. The examination ends with the drawing up of an expert opinion, drawn up in writing. The expert opinion should include:
full name, organizational and legal form, location of the expert organization / last name, first name, patronymic (if any), place of residence, date of state registration of an individual as an individual entrepreneur and details of the document confirming the fact of making an entry in the unified state register of individual entrepreneurs the specified state registration;
serial number and date of compilation;
the basis for conducting an examination of the vehicle (with details);
surname, name, patronymic (if any) of the victim - an individual, or the full name and location of the victim - a legal entity;
a list and description of objects presented by the insurer (victim) for examination during the examination, as well as complete details of the vehicle, including mileage and date of start of operation;
date of damage to the vehicle (date of the traffic accident);
details of the policyholder's vehicle (indicating the fact of its inspection or indicating the document from which information about the vehicle was obtained);
information about documents, including insurance policies for compulsory civil liability insurance of the victim and perpetrator of a traffic accident, reviewed during the examination process, and the full names of the insurance organizations that issued them;
issues that require resolution during the examination process;
a list of regulatory, methodological, information, software and other software used during the examination;
description of the studies performed;
restrictions and limits of application of the obtained examination results;
conclusions about the circumstances for which the expert technician (expert organization) was not asked questions, but which he (she) established during the examination process;
conclusions in general on the examination and each of the questions posed.

9. The conclusions of the expert opinion are presented in the form of answers to the questions posed in the sequence in which they were posed. Each question must be answered essentially in terms that do not allow ambiguous interpretation, or the reasons for the impossibility of answering must be indicated. Conclusions about the circumstances for which the technical expert (expert organization) was not asked questions, but which he (she) established during the research process, are set out at the end of the conclusion.

10. The expert opinion is signed personally by the expert technician who directly performed the examination. An expert opinion prepared by an expert organization is signed in hand by the expert technician who directly performed the examination, approved by the head of this organization and certified by its seal.
The expert opinion is bound (indicating the number of sheets stitched) and handed over to the initiator of the examination against signature or sent by mail with acknowledgment of delivery.
Copies of expert opinions and other documentation related to the examination must be stored by an expert technician (expert organization) for three years.