of December 26, 2017 No. 58
About application by courts of the legislation on obligatory civil liability insurance of owners of vehicles
For the purpose of ensuring unity of practice of application by courts of the legislation governing the relations in the field of obligatory civil liability insurance of owners of vehicles, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations.
1. The relations on obligatory civil liability insurance of owners of vehicles are governed by Chapter 48 regulations "Insurance" of the Civil code of the Russian Federation (further - the Civil Code of the Russian Federation), the Federal Law of April 25, 2002 No. 40-FZ "About obligatory civil liability insurance of owners of vehicles" (further - the Law on the CMTPL), the Law of the Russian Federation of November 27, 1992 No. 4015-1 "About the organization of insurance case in the Russian Federation" (further - the Law No. 4015-1), the Law of the Russian Federation of February 7, 1992 No. 2300-1 "About consumer protection" (further - the Marine life protection act of the rights of consumers) in the part which is not settled by special laws, and also the rules of obligatory civil liability insurance of owners of vehicles established by the Provision of the Central bank of the Russian Federation of September 19, 2014 No. 431-P (further - Rules), and other regulatory legal acts of the Russian Federation.
2. By the general rule, the law existing at the time of the conclusion of the corresponding insurance contract (Item 1 of article 422 Civil Code of the Russian Federation) is applied to the relations on obligatory civil liability insurance of owners of vehicles.
Provisions of the Law on the CMTPL in edition of the Federal Law of March 28, 2017 No. 49-FZ "About introduction of amendments to the Federal law "About Obligatory Civil Liability Insurance of Owners of Vehicles" are subject to application to the insurance contracts signed since April 28, 2017. The subitem "b" of Item 1 of article 14.1 of the Law on the CMTPL in the specified edition is subject to application to the relations which resulted from the road accidents which happened since September 26, 2017.
As direct indemnification is performed by the insurer of the civil responsibility of the causer of harm (item 4 of article 14.1 of the Law on the CMTPL) who was injured on behalf of the insurer of the civil responsibility, are applied to such compensation of provision of the Law on the CMTPL in the edition operating at the time of the conclusion of the contract of obligatory civil liability insurance between the causer of harm and the insurer who insured its civil responsibility.
3. Extends to the relations arising from the agreement of obligatory civil liability insurance, the Marine life protection act of the rights of consumers in cases when the vehicle is used only for the personal, family, house, domestic and other needs which are not connected with business and other economic activity of the owner.
On the relations arising between the victim and professional association of insurers in connection with compensation payments, the Marine life protection act of the rights of consumers does not extend.
4. Statute of limitations on the disputes following from agreements of compulsory insurance of risk of the civil responsibility according to Item 2 of article 966 Civil Code of the Russian Federation makes three years and is calculated from the date of when the injured (beneficiary) learned or shall learn:
about refusal of the insurer in implementation of insurance indemnity or direct indemnification by the organization and payment of restoring repair of the damaged vehicle on service stations or issues of the amount of insurance payment or
about implementation of insurance indemnity or direct indemnification not in full.
Statute of limitations is calculated also from the date of, the expiration following behind day for adoption by the insurer of the decision on implementation of insurance indemnity or about direct indemnification by the organization and payment of restoring repair of the damaged vehicle at service station or about issue of the amount of insurance payment (Item 21 of article 12 of the Law on the CMTPL).
5. The current of period of limitation is interrupted by making of the actions by the insurer testimonial of recognition of the right to insurance indemnity in full (article 203 Civil Code of the Russian Federation).
Recognition of the right to part of insurance indemnity does not demonstrate recognition of the right in general if other is not stipulated by the insurer.
The direction to the insurer of the claim with the documents proving the requirement of the victim stops current of period of limitation for ten calendar days, except for non-working holidays, from the date of its receipt (Item 3 of article 202 Civil Code of the Russian Federation, paragraph two of Item 1 of article 16.1 of the Law on the CMTPL).
6. Period of limitation on disputes on implementation of compensation payment (Item 6 of article 18 of the Law on the CMTPL) is calculated since the moment when the beneficiary (victim) learned or shall learn about introduction concerning the insurer in accordance with the legislation of the Russian Federation of the procedures applied in the case of bankruptcy; about response at the insurer of the license for implementation of insurance activity; about lack of possibility of establishment of person responsible for the harm done to the victim; about lack of the agreement of obligatory civil liability insurance of person which did harm because of non-execution of the established obligation by it on insurance.
7. The agreement of compulsory insurance is public and shall correspond to the Law on the CMTPL, and also other legal acts adopted for the purpose of its realization, existing at the time of the conclusion of the agreement. Change of provisions of the Law on the CMTPL, Rules after the conclusion of the agreement does not attract change of provisions of the agreement (in particular, about procedure for execution, effective periods, essential conditions), except as specified, when the law extends to the relations which arose from earlier signed agreements (Items 1 and 2 of article 422 Civil Code of the Russian Federation).
Proceeding from provisions of Item 25 of article 12 of the Law on the CMTPL and Item 2 of article 426 Civil Code of the Russian Federation of contract clause of compulsory insurance, the additional bases for release of insurance company from obligation of implementation of insurance indemnity contradicting the Law on the CMTPL and/or Rules, including establishing, are insignificant (Item 5 of article 426 Civil Code of the Russian Federation).
8. The insurance policy is the proof confirming the conclusion of the agreement of obligatory civil liability insurance of the vehicle owner, other is not proved yet.
In case of dispute on availability of the agreement of compulsory insurance signed in the form of the electronic document, follows courts along with other proofs on case to take into account the information provided by professional association of insurers, on the fact of the conclusion of the presented agreement of compulsory insurance in the form of the electronic document, and also about conditions of such agreement (Item 7.2 of Article 15, Item 3 of article 30 of the Law on the CMTPL).
It must be kept in mind that the message of professional association of insurers on absence in the automated information system of compulsory insurance of data on the insurance policy in itself is not the unconditional proof of non-execution of obligation according to the conclusion of the insurance contract and shall be evaluated along with other proofs (article 67 of the Civil Procedure Code of the Russian Federation (further - the CCP of the Russian Federation) and Article 71 of the Arbitral Procedure Code of the Russian Federation (further - the AIC of the Russian Federation).
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