Factors of insurance tariffs

Article 9. Base rates and factors of insurance tariffs

1. Insurance tariffs consist of base rates and factors. Insurance premiums under contracts of obligatory insurance pay off as product of base rates and factors of insurance tariffs.
Base rates of insurance tariffs are established depending on technical characteristics, design features and appointment of the vehicles essentially influencing probability of a tresspass at their use and for the potential size of caused harm.
2. The factors which are a part of insurance tariffs, are established depending on:

Territories of primary use of a vehicle which is defined for physical persons proceeding from a residence of the proprietor of the vehicle specified in the passport of a vehicle or the certificate on registration of a vehicle or in the passport of the citizen, for legal bodies - in a vehicle place of registration;
Presence or absence of the insurance payments made by insurers during the previous periods at realization of obligatory insurance of a civil liability of owners of the given vehicle, and in case of obligatory insurance at the limited use of the vehicle providing management by a vehicle only by drivers specified by the insured, presence or absence of the insurance payments made by insurers during the previous periods at realization of obligatory insurance of a civil liability of each of these drivers;
Technical characteristics of vehicles;
Seasonal use of vehicles;
Others essentially influencing size of insurance risk of circumstances.
(Item 2 in ред. The federal law from 01.12.2007 N 306-FZ)
(The text in the previous edition) see
2.1. For cases of obligatory insurance of a civil liability of the citizens using vehicles belonging to them, insurance tariffs establish also the factors considering, whether the condition that to management of a vehicle the drivers specified by the insured, and if such condition is provided, their driver's experience, age are admitted only is provided by the contract of obligatory insurance.
(Item 2.1 is entered by the Federal law from 01.12.2007 N 306-FZ)
3. Except the factors established according to point 2 of present article, insurance tariffs provide factors which are applied at obligatory insurance of a civil liability of owners of vehicles:
Informed to the insurer obviously false data on the circumstances requested by it influencing an insurance premium under the contract of obligatory insurance that has caused its payment in the smaller sum in comparison with that sum which would be paid at the message by owners of vehicles of authentic data;
Deliberately promoting approach of insured event or increase in the losses connected with it or obviously deformed circumstances of approach of insured event with a view of increase in insurance payment;
Harmed under the circumstances which have was the basis of a presentation регрессного of the requirement (article 14 of the present Federal law).

The factors specified in the present point are applied by insurers at the conclusion or prolongation of the contract of obligatory insurance for a year following the period in which the insurer knew about fulfillment of the actions provided by the present point (inactivity).
4. The maximum size of an insurance premium under the contract of obligatory insurance can't exceed the triple size of the base rate of the insurance tariffs corrected taking into account territory of primary use of a vehicle, and at application of the factors established according to point 3 of present article, - its fivefold size.
5. By insurance tariffs base rates and the factors applied by insurers at realization of obligatory insurance of a civil liability of owners of vehicles, registered in the foreign states and temporarily used on territory of the Russian Federation can be provided in addition.
6. The insurance tariffs established according to the present Federal law are obligatory for application by insurers. Insurers haven't the right to apply the rate and (or) the factors which distinct from are established insurance tariffs.

About refusal in acceptance to inquiry consideration about contest of constitutionality of article 10 the Decision of the Constitutional Court of the Russian Federation from 5/31/2005 N 6-П see.

Article 10. Period of validity of the contract of obligatory insurance
1. Period of validity of the contract of obligatory insurance makes one year, except for cases for which the present article provides other periods of validity of such contract.
The paragraph has become invalid since March, 1st, 2008. - the federal law from 12/1/2007 N 306-FZ.
(The text in the previous edition) see
2. Owners of the vehicles registered in the foreign states and temporarily used in territory of the Russian Federation, conclude contracts of obligatory insurance for all term of time use of such vehicles, but not less than for 5 days.
(In ред. The federal law from 12/1/2007 N 306-FZ)
(The text in the previous edition) see
3. At vehicle acquisition (purchase, inheritance, acceptance in gift and to that similar) its owner has the right to conclude the contract of obligatory insurance for the term of following to a vehicle place of registration. Thus the owner of a vehicle is obliged before its registration to conclude the contract of obligatory insurance for one year according to positions of point 1 of present article.

Article 11. Actions of insureds and victims at insured event approach
1. In case the insured is the participant of road and transport incident, he is obliged to inform other participants of the specified incident under their requirement of data on the contract of obligatory insurance on which the civil liability of owners of this vehicle is insured.
The duty provided by the present point is assigned also to the driver operating a vehicle for lack of the insured.
2. About tresspass cases at use of a vehicle which can cause a civil liability of the insured, he is obliged to inform the insurer in established by the contract of obligatory insurance term and certain this contract in the way.
Thus the insured to satisfaction of requirements of victims about compensation of the harm caused to it should warn about it the insurer and operate according to its instructions and in case the claim is made to the insured, to get the insurer to take part in business. Otherwise the insurer has the right to make concerning demands about insurance payment of objection which it had concerning requirements about compensation of the caused harm.
3. If the victim intends to exercise the right on insurance payment, he is obliged to notify the insurer on insured event approach as soon as possible.
4. Positions of the present Federal law, concerning victims, are applied and concerning the persons who have suffered damage as a result of death of the supporter, successors of suffered and other persons who according to the civil legislation have the right to compensation of the harm caused by it at use of vehicles by other persons.
5. For the decision of a question on realization of insurance payment the insurer accepts documents on the road and transport incident, issued by representatives on that police officers, except for a case provided by point 8 of present article.
(Item 5 is entered by the Federal law from 12/1/2007 N 306-FZ)
6. Official registration of papers about road and transport incident can be carried out in the presence of the road and transport incident which has arrived according to the participant of the insurer or the representative of the insurer.
(Item 6 is entered by the Federal law from 12/1/2007 N 306-FZ)
7. Drivers of vehicles involved in road and transport incident fill forms of notices on the road and transport incident, given out by insurers. Drivers inform insureds of road and transport incident and filling of forms of such notices.
(Item 7 is entered by the Federal law from 12/1/2007 N 306-FZ)
8. Without participation of representatives on that police officers official registration of papers about road and transport incident can be carried out in an order defined by the Government of the Russian Federation, in case of presence simultaneously following circumstances:
As a result of road and transport incident harm is caused only to property;
Road and transport incident has occurred to participation of two vehicles which civil liability of owners is insured according to the present Federal law;
Circumstances of a tresspass in connection with damage of property as a result of road and transport incident, character and the list of visible damages of vehicles don't cause disagreements of participants of road and transport incident and are fixed in notices on the road and transport incident which forms are filled by drivers of vehicles involved in road and transport incident according to rules of obligatory insurance.
(Item 8 is entered by the Federal law from 12/1/2007 N 306-FZ)
9. In case of official registration of papers about road and transport incident without participation of representatives on that police officers the filled forms of notices on road and transport incident together with the statement of the victim for insurance payment go to the insurer for definition of the size of the losses which are subject to compensation.
The insurer has the right to appoint carrying out of an independent expert appraisal of vehicles involved in road and transport incident in case of detection of the contradictions, concerning character and the list of visible damages of vehicles and (or) circumstances of a tresspass in connection with damage of property as a result of the road and transport incident, fixed in the presented notices on road and transport incident.
(Item 9 is entered by the Federal law from 12/1/2007 N 306-FZ)
10. In case of official registration of papers about road and transport incident without participation of representatives on that police officers the size of the insurance payment which is due to the victim on account of compensation of harm, caused to its property, can't exceed 25 thousand roubles.
(Item 10 is entered by the Federal law from 12/1/2007 N 306-FZ)
11. The victim who has received insurance payment on the basis of points 8 - 10 present articles, hasn't the right to make to the insurer additional demands about compensation of the harm caused to its property as a result of such road and transport incident.
The victim has the right to address to the insurer who has insured a civil liability of the person who have harmed, for compensation of harm which is caused life or health, has arisen after a requirement presentation about insurance payment and about which the victim didn't know at the moment of a requirement presentation.

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