ФЗ "Об ОСАГО" N 40-ФЗ

Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" (OSAGO) N 40-FZ

The law defines the legal, economic and organizational basis for compulsory civil liability insurance of vehicle owners.

One of the central provisions of the law is to provide victims with guarantees of compensation for harm caused to their life or health, as well as to ensure compensation for damage to property. These guarantees are realized by combining two mechanisms - compulsory insurance of liability of vehicle owners and the implementation of compensation payments in compensation for harm to life and health, made by a professional association of insurers. Under the first of these mechanisms, victims will be able to receive compensation from an insurance company in the form of an insurance payment for compulsory insurance. The second mechanism will ensure the rights of the victims in cases where the tortfeasor did not fulfill his obligation to insure, or is unknown, or fled from the scene of the accident.

The minimum insurance amounts have been determined separately for compensation for harm to life or health, as well as property damage. The maximum amount of insurance payment is 400 thousand rubles, namely: in terms of compensation for harm caused to the life or health of several victims - 240 thousand rubles, one victim - no more than 160 thousand rubles; in terms of compensation for damage caused to the property of several victims - 160 thousand rubles, one victim - no more than 120 thousand rubles.

Compulsory insurance must be carried out in accordance with uniform insurance rates approved by the Government of the Russian Federation. In this case, the insurance rate is determined taking into account the object of insurance and the nature of the insurance risk. The division of tariffs into categories takes into account a number of factors: regional peculiarities; characteristics of the vehicle and the nature of its use (by legal entities, citizens in personal use, etc.); characteristics of the vehicle owner, including the commission of gross violations of traffic rules or road accidents that resulted in the insurance payment in the previous insurance period.

The federal law comes into force on July 1, 2003, with the exception of provisions for which other terms of entry into force are provided. The provisions on the creation of a professional association of insurers and the conditions for issuing permits (licenses) to insurers to carry out compulsory civil liability insurance of vehicle owners enter into force from the date of the official publication of the Federal Law.