COMPENSATORY PAYMENTS

Article 18. The right to reception of compensatory payments

(In ред. The federal law from 7/21/2005 N 103-FZ)
(The text in the previous edition) see

1. Compensatory payment on account of compensation of the harm caused to life or health of the victim, is carried out in cases if insurance payment on obligatory insurance can't be carried out owing to:
Applications to the insurer of procedure of the bankruptcy provided by the federal law;
Response at the insurer of the license for realization of insurance activity;
Uncertainty of the person responsible for done suffered harm;
Absence of the contract of obligatory insurance on which the civil liability of the harmed person, because of default of the duty established by the present Federal law by it on insurance is insured.
2. Compensatory payment on account of compensation of the harm caused to property of the victim, is carried out in cases if insurance payment on obligatory insurance can't be carried out owing to:
) Applications to the insurer of procedure of the bankruptcy provided by the federal law;
Response at the insurer of the license for realization of insurance activity.
3. On territories of the Russian Federation foreign citizens, persons without citizenship and foreign legal bodies have the right to reception of compensatory payments on a level with citizens of the Russian Federation and the Russian legal bodies.
(Item 3 in ред. The federal law from 12/1/2007 N 306-FZ)
(The text in the previous edition) see
4 - 5. Have become invalid since March, 1st, 2008. - the federal law from 12/1/2007 N 306-FZ.
(The text in the previous edition) see
6. The claim on request of the victim about realization of compensatory payments can be shown within three years.
(In ред. The federal law from 12/1/2007 N 306-FZ)

(The text in the previous edition) see

Article 19. Realization of compensatory payments

1. Under requirements of victims compensatory payments are carried out by the professional association of insurers operating on the basis of constituent documents and according to the present Federal law.
About compensatory payments, realization of compensatory payments and realization of the rights of the requirement provided by article 20 of the present Federal law, the insurers operating at the expense of professional association on the basis of prisoners with it of contracts can spend consideration of requirements of victims.
2. To relations between suffered and professional association of insurers concerning compensatory payments by analogy the rules established by the legislation of the Russian Federation for relations between выгодоприобретателем and the insurer under the contract of obligatory insurance are applied. Corresponding positions are applied so far as as other isn't provided by the federal law and doesn't follow from a being of such relations.
Compensatory payments are established:
Regarding compensation of the harm caused to life or health of each victim, at a rate of no more 160 thousand roubles taking into account requirements of point 1 of article 12 of the present Federal law;
(In ред. The federal law from 12/1/2007 N 306-FZ)
(The text in the previous edition) see
Regarding compensation of the harm caused to property of several victims, at a rate of no more 160 thousand roubles and no more than 120 thousand roubles at a tresspass to property of one victim.
Thus specified compensatory payments decrease for the sum equal to the sum made insurer and (or) the person responsible for done harm of partial compensation of harm.
(Item 2 in ред. The federal law from 7/21/2005 N 103-FZ)
(The text in the previous edition) see

Article 20. Collecting of the sums of compensatory payments 1. The sum of the compensatory payment, made to the victim according to subparagraphs "in" and "г" point 1 of article 18 of the present Federal law, is collected as recourse under the claim of professional association of insurers from the person responsible for done suffered harm.
(In ред. The federal law from 7/21/2005 N 103-FZ)
(The text in the previous edition) see
The professional association of insurers also has the right to demand from the specified person of compensation of the suffered expenses on consideration of the requirement of the victim about compensatory payment.
2. Within the sum of the compensatory payment, made to the victim according to subparagraphs "and" and point 1 and point 2 of article 18 of the present Federal law, to professional association of insurers passes the right of the requirement of insurance payment on obligatory insurance which the victim has to the insurer.
(In ред. The federal law from 7/21/2005 N 103-FZ)
(The text in the previous edition) see

ООО "PROГАРАНТ" - Все права защищены.