A valid policy at the same second – Newspaper Kommersant No. 148 (7110) from 08/20/2021

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The Ministry of Justice registered two instructions from the Central Bank – on decoupling OSAGO from diagnostic cards (technical inspection, maintenance) and canceling the ban on validity of electronic OSAGO policies during the first 72 hours. Companies have the right, at their discretion, to postpone the action of e-CMTPL depending on their expectations in relation to the client – a mandatory “freeze” was introduced to prevent the purchase of e-CMTPL immediately after an accident, but now companies have more opportunities to find out the time of the accident to the nearest minute.

The Bank of Russia has posted on its website an instruction on amending the regulations on the rules of compulsory motor third party liability insurance. This by-law allows in practice to decouple TO from OSAGO, although until the end of August its application will create some difficulties for insurers. The second instruction of the Central Bank, posted on the website, concerns the requirements for information exchange in electronic form in OSAGO. From August 29, it allows customers to remotely terminate or change the OSAGO agreement. Now for insurers, this action is the same order as the settlement of a loss – for this, the motorist has to physically arrive at the company’s office.

In addition, the second instruction removes the ban on the entry into force of the electronic OSAGO policy from the moment of its sale. Recall that now a 72-hour “freeze” is in effect on a freshly purchased policy – this was supposed to stop customers who, having an accident, immediately issued an electronic MTPL. As explained to Kommersant in the Central Bank, “the insurer gets the right to provide insurance coverage from the moment the e-OSAGO contract is concluded. At the same time, to reduce the risks of fraud, the insurance company can use the standard rule on the entry into force of the e-CMTPL agreement within 72 hours. ” According to Sergey Efremov, Deputy Executive Director of the Russian Union of Auto Insurers (RSA), the temporary “franchise” when concluding an electronic OSAGO contract has been canceled primarily for the convenience of consumers. “E-CMTPL policies are becoming more and more popular, and the lag between the execution of the contract and its entry into force is inconvenient for the mass consumer, who, by analogy with other electronic goods and services, expects to receive a valid policy immediately after paying for it,” he says, adding that the problems of possible fraud persist.

“The number of abuses in OSAGO is declining, which allows us to hope that such cases of fraud will not become widespread. In addition, modern technical means often make it possible to quite accurately determine the real time of an accident, which also makes the task of fraudsters much more difficult than a few years ago, when this temporary “franchise” was introduced, “sums up Mr. Efremov. According to the RSA statistics, at the end of 2020, the total market loss from allegations of fraud sent to law enforcement agencies amounted to 5.5 billion rubles. Of this amount received by the fraudsters, 5 billion rubles. falls on OSAGO – for fake accidents and fake policies.

The instruction of the Central Bank gives the right to insurers not to apply the policy “freeze” or reduce it, based on their assessments of risks in relation to the client. As the executive director of RSA Yevgeny Ufimtsev explains to Kommersant, the insurer can use any tariff factors that are not prohibited by the Central Bank (prohibited as factors of religion, language, race, some others). “The insurer independently decides in which cases he will use the right to apply the so-called temporary deductible, and in which not. For example, if a company is renewing a contract with an old client and does not doubt his good faith, then it may well decide that there is no need to use a temporary franchise. ” At the same time, in his words, the new edition of the Central Bank’s directive allows not only not to apply the “temporary franchise” at all, but also to shorten its term, that is, to conclude an agreement that will enter into force, for example, in a day.

Tatiana Grishina

With the changes in the MTPL for maintenance in August, there are problems with the timing

The Ministry of Justice registered an instruction on amending the regulation on the rules of compulsory motor third party liability insurance on August 18, but it will come into force on August 29 – a week later than similar changes to the law on compulsory motor third party liability insurance (from August 22). Such a delay in the required OSAGO standard was already in August last year – then the base rates of OSAGO were changed, but the Central Bank’s instruction was registered later, which postponed the start of the tariff reform (see Kommersant dated August 24, 2020). Insurers were unable to apply the new rates for a week. But this time, as Kommersant’s interlocutors say in the market, car owners will not be required to MOT to buy a policy, relying on the fact that the law prevails over the instructions of the Central Bank. True, insurers will have to violate OSAGO rules for this for a week, which is a reason for sanctions from the Central Bank, but the market supposes that they will not be.

Tatiana Grishina

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