It is registered
Ministry of Justice
On September 30, 2014 No. 34188
of September 19, 2014 No. 3385-U
About requirements to the agreement on direct indemnification and procedure of payments between his participants
Based on the Federal Law of April 25, 2002 No. 40-FZ "About obligatory civil liability insurance of owners of vehicles" (The Russian Federation Code, 2002, No. 18, Art. 1720; 2003, No. 26, Art. 2566; 2005, No. 1, Art. 25; No. 30, Art. 3114; 2006, No. 48, Art. 4942; 2007, No. 1, Art. 29; No. 49, Art. 6067; 2008, No. 30, Art. 3616; No. 52, Art. 6236; 2009, No. 1, Art. 17; No. 9, Art. 1045; No. 52, Art. 6420, Art. 6438; 2010, No. 6, Art. 565; No. 17, Art. 1988; 2011, No. 1, Art. 4; No. 7, Art. 901; No. 27, Art. 3881; No. 29, Art. 4291; No. 49, Art. 7040; 2012, No. 25, Art. 3268; No. 31, Art. 4319, Art. 4320; 2013, No. 19, Art. 2331; No. 30, Art. 4084; 2014, No. 30, of the Art. 4224) (further - the Federal Law) this Specifying establishes requirements to the agreement on direct indemnification (further - the Agreement) and to procedure of payments between his participants (members of professional association of insurers and professional association of insurers).
1. Terms of agreement are determined by professional association of insurers for the purpose of repeated application in layout key of the agreement which is subject to approval of the Bank of Russia after its statement of insurers by professional association.
2. The agreement shall contain:
procedure for indemnification by the insurer who insured the civil responsibility of person which did harm (further - the insurer of the causer of harm), to the insurer who performed direct indemnification (further - the insurer of the victim);
procedure for determination of the average amounts of insurance payments;
to compensate obligation of the insurer of the causer of harm to the insurer of the victim the harm to the victim compensated by it on behalf of the insurer of the causer of harm on account of insurance payment for the agreement of compulsory insurance;
to compensate obligation of professional association of insurers to the insurer of the victim the harm to the victim compensated by it on behalf of the insurer of the causer of harm on account of implementation of compensation payment in cases, stipulated in Item the 6th article 14.1 of the Federal Law;
the list of the documents which are subject to registration when implementing direct indemnification, procedure, terms and methods of exchange of the specified documents (including procedure for their registration and storage);
method and terms of sending by the insurer of the causer of harm who was injured to the insurer or in stipulated in Item cases of the 6th article 14.1 of the Federal Law to professional association of insurers of the prior notice containing data on the requirement of the victim, circumstances of damnification in connection with damage of property of the victim as a result of the road accident, the expected amount of payment for direct indemnification (further - the prior notice);
conditions, method and terms of implementation of calculations between agreement parties;
procedure for the dispute resolution between agreement parties;
the insurer liability of the causer of harm for non-realization in compensation time established by the Agreement to the insurer of the victim of the amount of the paid losses (depending on the chosen method of calculations between insurers), or for refusal of the insurer of the causer of harm to perform compensation to the insurer of the victim of the amount of the paid losses;
responsibility of professional association of insurers for non-realization at the scheduled time, or unreasonable refusal to perform to the insurer of the victim compensation payment in cases, stipulated in Item the 6th article 14.1 of the Federal Law;
methods of ensuring obligation fulfillment under the Agreement;
duration of the agreement, procedure for introduction of amendments to the Agreement and basis of its termination.
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